1 | A bill to be entitled |
2 | An act relating to the Florida Retirement System; amending |
3 | s. 121.021, F.S.; revising the definition of the term |
4 | "average final compensation"; amending s. 121.0515, F.S.; |
5 | adding certain code compliance officers to the Special |
6 | Risk Class; increasing a contribution rate for certain |
7 | benefit change funding purposes; providing a declaration |
8 | of important state interest; providing an effective date. |
9 |
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10 | Be It Enacted by the Legislature of the State of Florida: |
11 |
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12 | Section 1. Subsection (24) of section 121.021, Florida |
13 | Statutes, is amended to read: |
14 | 121.021 Definitions.--The following words and phrases as |
15 | used in this chapter have the respective meanings set forth |
16 | unless a different meaning is plainly required by the context: |
17 | (24) "Average final compensation" means the average of the |
18 | 5 highest fiscal years of compensation for creditable service |
19 | prior to retirement, termination, or death; however, the average |
20 | final compensation applicable to a member of the Special Risk |
21 | Class is the average of the 3 highest fiscal years of |
22 | compensation for creditable service prior to retirement, |
23 | termination, or death. For in-line-of-duty disability benefits, |
24 | if less than the number of years specified for calculating |
25 | average final compensation 5 years of creditable service have |
26 | been completed, the term "average final compensation" means the |
27 | average annual compensation of the total number of years of |
28 | creditable service. Each year used in the calculation of average |
29 | final compensation shall commence on July 1. |
30 | (a) The average final compensation shall include: |
31 | 1. Accumulated annual leave payments, not to exceed 500 |
32 | hours; and |
33 | 2. All payments defined as compensation in subsection |
34 | (22). |
35 | (b) The average final compensation shall not include: |
36 | 1. Compensation paid to professional persons for special |
37 | or particular services; |
38 | 2. Payments for accumulated sick leave made due to |
39 | retirement or termination; |
40 | 3. Payments for accumulated annual leave in excess of 500 |
41 | hours; |
42 | 4. Bonuses as defined in subsection (47); |
43 | 5. Third party payments made on and after July 1, 1990; or |
44 | 6. Fringe benefits (for example, automobile allowances or |
45 | housing allowances). |
46 | Section 2. Paragraph (b) of subsection (2) of section |
47 | 121.0515, Florida Statutes, is amended to read: |
48 | 121.0515 Special risk membership.-- |
49 | (2) CRITERIA.--A member, to be designated as a special |
50 | risk member, must meet the following criteria: |
51 | (b) The member must be employed as a firefighter and be |
52 | certified, or required to be certified, in compliance with s. |
53 | 633.35 and be employed solely within the fire department of a |
54 | local government employer or an agency of state government with |
55 | firefighting responsibilities. In addition, the member's duties |
56 | and responsibilities must include on-the-scene fighting of |
57 | fires, fire prevention, or firefighter training; direct |
58 | supervision of firefighting units, fire prevention, or |
59 | firefighter training; or aerial firefighting surveillance |
60 | performed by fixed-wing aircraft pilots employed by the Division |
61 | of Forestry of the Department of Agriculture and Consumer |
62 | Services; or the member must be the supervisor or command |
63 | officer of a member or members who have such responsibilities; |
64 | or the member must be a code compliance officer employed by the |
65 | Division of the State Fire Marshal of the Department of |
66 | Financial Services or the Agency for Health Care Administration, |
67 | provided, however, that administrative support personnel, |
68 | including, but not limited to, those whose primary duties and |
69 | responsibilities are in accounting, purchasing, legal, and |
70 | personnel, shall not be included and further provided that all |
71 | periods of creditable service in fire prevention or firefighter |
72 | training, or as the supervisor or command officer of a member or |
73 | members who have such responsibilities, and for which the |
74 | employer paid the special risk contribution rate, shall be |
75 | included; |
76 | Section 3. Effective July 1, 2005, for the purposes of |
77 | funding the 3-year average final compensation benefit change |
78 | made by this act, the contribution rate set forth in s. |
79 | 121.71(3), Florida Statutes, for the Special Risk Class of the |
80 | Florida Retirement System shall be increased by 2.14 percent. |
81 | This increase shall be in addition to other changes to |
82 | contribution rates which may be enacted into law to take effect |
83 | on that date. |
84 | Section 4. The Legislature finds that a proper and |
85 | legitimate state purpose is served when employees and retirees |
86 | of the state and its political subdivisions, and the dependents, |
87 | survivors, and beneficiaries of such employees and retirees, are |
88 | extended the basic protections afforded by governmental |
89 | retirement systems that provide fair and adequate benefits that |
90 | are managed, administered, and funded in an actuarially sound |
91 | manner, as required by s. 14, Art. X of the State Constitution |
92 | and part VII of chapter 112, Florida Statutes. Therefore, the |
93 | Legislature determines and declares that this act fulfills an |
94 | important state interest. |
95 | Section 5. This act shall take effect July 1, 2005. |