HB 0405

1
A bill to be entitled
2An act relating to the Florida Retirement System; amending
3s. 121.021, F.S.; redefining the term "compensation" to
4include certain supplementary payments made to
5firefighters, paramedics, and emergency medical
6technicians and to certain employer-reported retirement
7contributions; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Paragraph (a) of subsection (22) of section
12121.021, Florida Statutes, is amended to read:
13     121.021  Definitions.--The following words and phrases as
14used in this chapter have the respective meanings set forth
15unless a different meaning is plainly required by the context:
16     (22)  "Compensation" means the monthly salary paid a member
17by his or her employer for work performed arising from that
18employment.
19     (a)  Compensation shall include:
20     1.  Overtime payments paid from a salary fund.
21     2.  Accumulated annual leave payments.
22     3.  Payments in addition to the employee's base rate of pay
23if all the following apply:
24     a.  The payments are paid according to a formal written
25policy that applies to all eligible employees equally;
26     b.  The policy provides that payments shall commence no
27later than the 11th year of employment;
28     c.  The payments are paid for as long as the employee
29continues his or her employment; and
30     d.  The payments are paid at least annually.
31     4.  Amounts withheld for tax sheltered annuities or
32deferred compensation programs, or any other type of salary
33reduction plan authorized under the Internal Revenue Code.
34     5.  Payments made in lieu of a permanent increase in the
35base rate of pay, whether made annually or in 12 or 26 equal
36payments within a 12-month period, when the member's base pay is
37at the maximum of his or her pay range. When a portion of a
38member's annual increase raises his or her pay range and the
39excess is paid as a lump sum payment, such lump sum payment
40shall be compensation for retirement purposes.
41     6.  Effective July 1, 2002, salary supplements made
42pursuant to s. 1012.72 requiring a valid National Board for
43Professional Standards certificate, notwithstanding the
44provisions of subparagraph 3.
45     7.  Effective July 1, 2005, salary supplements made to
46firefighters, paramedics, or emergency medical technicians for
47the successful completion of employer-approved educational
48training or for additional job-related duties and
49responsibilities, notwithstanding the provisions of subparagraph
503. For all periods prior to July 1, 2005, employer-reported
51retirement contributions on these supplemental payments shall be
52compensation.
53     Section 2.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.