1 | A bill to be entitled |
2 | An act relating to firefighter and municipal police |
3 | pensions; amending s. 175.032, F.S.; revising the |
4 | definition of "firefighter"; amending s. 175.061, F.S.; |
5 | revising terms of service for the board of trustees of the |
6 | firefighters' pension trust fund; amending s. 175.071, |
7 | F.S.; requiring the board of trustees to perform its |
8 | powers subject to certain fiduciary standards and ethics |
9 | provisions; revising the investments in which the board of |
10 | trustees may invest and reinvest the assets of the |
11 | firefighters' pension trust fund; authorizing two |
12 | individuals designated by the board to sign drafts issued |
13 | upon the firefighters' pension trust fund; authorizing the |
14 | board to establish the maximum age for entrance into the |
15 | fund; amending s. 185.05, F.S.; revising terms of service |
16 | for the board of trustees of the municipal police |
17 | officers' retirement trust fund; amending s. 185.06, F.S.; |
18 | requiring the board of trustees to perform its powers |
19 | subject to certain fiduciary standards and ethics |
20 | provisions; revising the investments in which the board of |
21 | trustees may invest and reinvest the assets of the |
22 | retirement trust fund; authorizing two individuals |
23 | designated by the board to sign drafts issued upon the |
24 | municipal police officers' retirement trust fund; |
25 | authorizing the board to establish the maximum age for |
26 | entrance into the fund; providing for severability; |
27 | providing an effective date. |
28 |
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29 | Be It Enacted by the Legislature of the State of Florida: |
30 |
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31 | Section 1. Paragraph (a) of subsection (8) of section |
32 | 175.032, Florida Statutes, is amended to read: |
33 | 175.032 Definitions.--For any municipality, special fire |
34 | control district, chapter plan, local law municipality, local |
35 | law special fire control district, or local law plan under this |
36 | chapter, the following words and phrases have the following |
37 | meanings: |
38 | (8)(a) "Firefighter" means any person employed solely by a |
39 | constituted fire department of any municipality or special fire |
40 | control district who is certified as a firefighter as a |
41 | condition of employment in accordance with the provisions of s. |
42 | 633.35 and whose duty it is to extinguish fires, to protect |
43 | life, or to protect property. "Firefighter" includes all |
44 | certified supervisory and command personnel whose duties |
45 | include, in whole or in part, the supervision, training, |
46 | guidance, and management responsibilities of full-time |
47 | firefighters, part-time firefighters, or auxiliary firefighters, |
48 | but does not include part-time firefighters or auxiliary |
49 | firefighters. However, for purposes of this chapter only, |
50 | "firefighter" also includes public safety officers who are |
51 | responsible for performing both police and fire services, who |
52 | are certified as police officers or firefighters, and who are |
53 | certified by their employers to the Chief Financial Officer as |
54 | participating in this chapter prior to October 1, 1979. |
55 | Effective October 1, 1979, public safety officers who have not |
56 | been certified as participating in this chapter shall be |
57 | considered police officers for retirement purposes and shall be |
58 | eligible to participate in chapter 185. Any plan may provide |
59 | that the fire chief shall have an option to participate, or not, |
60 | in that plan. |
61 | Section 2. Paragraph (a) of subsection (1) of section |
62 | 175.061, Florida Statutes, is amended to read: |
63 | 175.061 Board of trustees; members; terms of office; |
64 | meetings; legal entity; costs; attorney's fees.--For any |
65 | municipality, special fire control district, chapter plan, local |
66 | law municipality, local law special fire control district, or |
67 | local law plan under this chapter: |
68 | (1) In each municipality and in each special fire control |
69 | district there is hereby created a board of trustees of the |
70 | firefighters' pension trust fund, which shall be solely |
71 | responsible for administering the trust fund. Effective October |
72 | 1, 1986, and thereafter: |
73 | (a) The membership of the board of trustees for a chapter |
74 | plan shall consist of five members, two of whom, unless |
75 | otherwise prohibited by law, shall be legal residents of the |
76 | municipality or special fire control district, who shall be |
77 | appointed by the governing body of the municipality or special |
78 | fire control district, and two of whom shall be full-time |
79 | firefighters as defined in s. 175.032 who shall be elected by a |
80 | majority of the active firefighters who are members of such |
81 | plan. With respect to any chapter plan or local law plan that, |
82 | on January 1, 1997, allowed retired firefighters to vote in such |
83 | elections, retirees may continue to vote in such elections. The |
84 | fifth member shall be chosen by a majority of the previous four |
85 | members as provided for herein, and such person's name shall be |
86 | submitted to the governing body of the municipality or special |
87 | fire control district. Upon receipt of the fifth person's name, |
88 | the governing body of the municipality or special fire control |
89 | district shall, as a ministerial duty, appoint such person to |
90 | the board of trustees as its fifth member. The fifth member |
91 | shall have the same rights as each of the other four members |
92 | appointed or elected as herein provided, shall serve as trustee |
93 | for a period of 4 2 years, and may succeed himself or herself in |
94 | office. Each resident member shall serve as trustee for a period |
95 | of 4 2 years, unless sooner replaced by the governing body at |
96 | whose pleasure he or she shall serve, and may succeed himself or |
97 | herself as a trustee. Each firefighter member shall serve as |
98 | trustee for a period of 4 2 years, unless he or she sooner |
99 | leaves the employment of the municipality or special fire |
100 | control district as a firefighter, whereupon a successor shall |
101 | be chosen in the same manner as an original appointment. Each |
102 | firefighter may succeed himself or herself in office. |
103 | Section 3. Subsection (1) of section 175.071, Florida |
104 | Statutes, is amended to read: |
105 | 175.071 General powers and duties of board of |
106 | trustees.--For any municipality, special fire control district, |
107 | chapter plan, local law municipality, local law special fire |
108 | control district, or local law plan under this chapter: |
109 | (1) The board of trustees, subject to the fiduciary |
110 | standards in ss. 112.661 and 518.11 and the Code of Ethics in |
111 | ss. 112.311?112.3187, may: |
112 | (a) Invest and reinvest the assets of the firefighters' |
113 | pension trust fund in annuity and life insurance contracts of |
114 | life insurance companies in amounts sufficient to provide, in |
115 | whole or in part, the benefits to which all of the participants |
116 | in the firefighters' pension trust fund shall be entitled under |
117 | the provisions of this chapter and pay the initial and |
118 | subsequent premiums thereon. |
119 | (b) Invest and reinvest the assets of the firefighters' |
120 | pension trust fund in any lawful investment as provided in the |
121 | applicable provisions of s. 215.47(1)-(8), (10), and (16), |
122 | provided the investment is permitted in the written investment |
123 | policy adopted by the board as provided in part VII of chapter |
124 | 112.: |
125 | 1. Time or savings accounts of a national bank, a state |
126 | bank insured by the Bank Insurance Fund, or a savings, building, |
127 | and loan association insured by the Savings Association |
128 | Insurance Fund which is administered by the Federal Deposit |
129 | Insurance Corporation or a state or federal chartered credit |
130 | union whose share accounts are insured by the National Credit |
131 | Union Share Insurance Fund. |
132 | 2. Obligations of the United States or obligations |
133 | guaranteed as to principal and interest by the government of the |
134 | United States. |
135 | 3. Bonds issued by the State of Israel. |
136 | 4. Bonds, stocks, or other evidences of indebtedness |
137 | issued or guaranteed by a corporation organized under the laws |
138 | of the United States, any state or organized territory of the |
139 | United States, or the District of Columbia, provided: |
140 | a. The corporation is listed on any one or more of the |
141 | recognized national stock exchanges or on the National Market |
142 | System of the NASDAQ Stock Market and, in the case of bonds |
143 | only, holds a rating in one of the three highest classifications |
144 | by a major rating service; and |
145 | b. The board of trustees shall not invest more than 5 |
146 | percent of its assets in the common stock or capital stock of |
147 | any one issuing company, nor shall the aggregate investment in |
148 | any one issuing company exceed 5 percent of the outstanding |
149 | capital stock of that company or the aggregate of its |
150 | investments under this subparagraph at cost exceed 50 percent of |
151 | the assets of the fund. |
152 |
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153 | This paragraph shall apply to all boards of trustees and |
154 | participants. However, in the event that a municipality or |
155 | special fire control district has a duly enacted pension plan |
156 | pursuant to, and in compliance with, s. 175.351, and the |
157 | trustees thereof desire to vary the investment procedures |
158 | herein, the trustees of such plan shall request a variance of |
159 | the investment procedures as outlined herein only through a |
160 | municipal ordinance, special act of the Legislature, or |
161 | resolution by the governing body of the special fire control |
162 | district; where a special act, or a municipality by ordinance |
163 | adopted prior to July 1, 1998, permits a greater than 50-percent |
164 | equity investment, such municipality shall not be required to |
165 | comply with the aggregate equity investment provisions of this |
166 | paragraph. Notwithstanding any other provision of law to the |
167 | contrary, nothing in this section may be construed to take away |
168 | any preexisting legal authority to make equity investments that |
169 | exceed the requirements of this paragraph. The board of trustees |
170 | may invest up to 10 percent of plan assets in foreign |
171 | securities. |
172 | (c) Issue drafts upon the firefighters' pension trust fund |
173 | pursuant to this act and rules and regulations prescribed by the |
174 | board of trustees. All such drafts shall be consecutively |
175 | numbered, be signed by the chair and secretary or two |
176 | individuals designated by the board, and state upon their faces |
177 | the purpose for which the drafts are drawn. The treasurer or |
178 | depository of each municipality or special fire control district |
179 | shall retain such drafts when paid, as permanent vouchers for |
180 | disbursements made, and no money shall be otherwise drawn from |
181 | the fund. |
182 | (d) Convert into cash any securities of the fund. |
183 | (e) Keep a complete record of all receipts and |
184 | disbursements and of the board's acts and proceedings. |
185 | (f) Establish the maximum age for entrance into the fund |
186 | within the provisions of s. 112.044. In the case of conflict |
187 | with any provision of law, this paragraph shall control in all |
188 | matters relating to administration of firefighters' pension |
189 | trust funds. |
190 | Section 4. Paragraph (a) of subsection (1) of section |
191 | 185.05, Florida Statutes, is amended to read: |
192 | 185.05 Board of trustees; members; terms of office; |
193 | meetings; legal entity; costs; attorney's fees.--For any |
194 | municipality, chapter plan, local law municipality, or local law |
195 | plan under this chapter: |
196 | (1) In each municipality described in s. 185.03 there is |
197 | hereby created a board of trustees of the municipal police |
198 | officers' retirement trust fund, which shall be solely |
199 | responsible for administering the trust fund. Effective October |
200 | 1, 1986, and thereafter: |
201 | (a) The membership of the board of trustees for chapter |
202 | plans shall consist of five members, two of whom, unless |
203 | otherwise prohibited by law, shall be legal residents of the |
204 | municipality, who shall be appointed by the legislative body of |
205 | the municipality, and two of whom shall be police officers as |
206 | defined in s. 185.02 who shall be elected by a majority of the |
207 | active police officers who are members of such plan. With |
208 | respect to any chapter plan or local law plan that, on January |
209 | 1, 1997, allowed retired police officers to vote in such |
210 | elections, retirees may continue to vote in such elections. The |
211 | fifth member shall be chosen by a majority of the previous four |
212 | members, and such person's name shall be submitted to the |
213 | legislative body of the municipality. Upon receipt of the fifth |
214 | person's name, the legislative body of the municipality shall, |
215 | as a ministerial duty, appoint such person to the board of |
216 | trustees as its fifth member. The fifth member shall have the |
217 | same rights as each of the other four members appointed or |
218 | elected as herein provided, shall serve as trustee for a period |
219 | of 4 2 years, and may succeed himself or herself in office. Each |
220 | resident member shall serve as trustee for a period of 4 2 |
221 | years, unless sooner replaced by the legislative body at whose |
222 | pleasure the member shall serve, and may succeed himself or |
223 | herself as a trustee. Each police officer member shall serve as |
224 | trustee for a period of 4 2 years, unless he or she sooner |
225 | leaves the employment of the municipality as a police officer, |
226 | whereupon the legislative body of the municipality shall choose |
227 | a successor in the same manner as an original appointment. Each |
228 | police officer may succeed himself or herself in office. |
229 | Section 5. Subsection (1) of section 185.06, Florida |
230 | Statutes, is amended to read: |
231 | 185.06 General powers and duties of board of |
232 | trustees.--For any municipality, chapter plan, local law |
233 | municipality, or local law plan under this chapter: |
234 | (1) The board of trustees, subject to the fiduciary |
235 | standards in ss. 112.661 and 518.11 and the Code of Ethics in |
236 | ss. 112.311?112.3187, may: |
237 | (a) Invest and reinvest the assets of the retirement trust |
238 | fund in annuity and life insurance contracts of life insurance |
239 | companies in amounts sufficient to provide, in whole or in part, |
240 | the benefits to which all of the participants in the municipal |
241 | police officers' retirement trust fund shall be entitled under |
242 | the provisions of this chapter, and pay the initial and |
243 | subsequent premiums thereon. |
244 | (b) Invest and reinvest the assets of the retirement trust |
245 | fund in any lawful investment as provided in the applicable |
246 | provisions of s. 215.47(1)-(8), (10), and (16), provided the |
247 | investment is permitted in the written investment policy adopted |
248 | by the board as provided in part VII of chapter 112.: |
249 | 1. Time or savings accounts of a national bank, a state |
250 | bank insured by the Bank Insurance Fund, or a savings and loan |
251 | association insured by the Savings Association Insurance Fund |
252 | which is administered by the Federal Deposit Insurance |
253 | Corporation or a state or federal chartered credit union whose |
254 | share accounts are insured by the National Credit Union Share |
255 | Insurance Fund. |
256 | 2. Obligations of the United States or obligations |
257 | guaranteed as to principal and interest by the United States. |
258 | 3. Bonds issued by the State of Israel. |
259 | 4. Bonds, stocks, or other evidences of indebtedness |
260 | issued or guaranteed by a corporation organized under the laws |
261 | of the United States, any state or organized territory of the |
262 | United States, or the District of Columbia, provided: |
263 | a. The corporation is listed on any one or more of the |
264 | recognized national stock exchanges or on the National Market |
265 | System of the NASDAQ Stock Market and, in the case of bonds |
266 | only, holds a rating in one of the three highest classifications |
267 | by a major rating service; and |
268 | b. The board of trustees shall not invest more than 5 |
269 | percent of its assets in the common stock or capital stock of |
270 | any one issuing company, nor shall the aggregate investment in |
271 | any one issuing company exceed 5 percent of the outstanding |
272 | capital stock of the company or the aggregate of its investments |
273 | under this subparagraph at cost exceed 50 percent of the fund's |
274 | assets. |
275 |
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276 | This paragraph shall apply to all boards of trustees and |
277 | participants. However, in the event that a municipality has a |
278 | duly enacted pension plan pursuant to, and in compliance with, |
279 | s. 185.35 and the trustees thereof desire to vary the investment |
280 | procedures herein, the trustees of such plan shall request a |
281 | variance of the investment procedures as outlined herein only |
282 | through a municipal ordinance or special act of the Legislature; |
283 | where a special act, or a municipality by ordinance adopted |
284 | prior to July 1, 1998, permits a greater than 50-percent equity |
285 | investment, such municipality shall not be required to comply |
286 | with the aggregate equity investment provisions of this |
287 | paragraph. Notwithstanding any other provision of law to the |
288 | contrary, nothing in this section may be construed to take away |
289 | any preexisting legal authority to make equity investments that |
290 | exceed the requirements of this paragraph. The board of trustees |
291 | may invest up to 10 percent of plan assets in foreign |
292 | securities. |
293 | (c) Issue drafts upon the municipal police officers' |
294 | retirement trust fund pursuant to this act and rules and |
295 | regulations prescribed by the board of trustees. All such drafts |
296 | shall be consecutively numbered, be signed by the chair and |
297 | secretary or two individuals designated by the board, and state |
298 | upon their faces the purposes for which the drafts are drawn. |
299 | The city treasurer or other depository shall retain such drafts |
300 | when paid, as permanent vouchers for disbursements made, and no |
301 | money shall otherwise be drawn from the fund. |
302 | (d) Finally decide all claims to relief under the board's |
303 | rules and regulations and pursuant to the provisions of this |
304 | act. |
305 | (e) Convert into cash any securities of the fund. |
306 | (f) Keep a complete record of all receipts and |
307 | disbursements and of the board's acts and proceedings. |
308 | (g) Establish the maximum age for entrance into the fund |
309 | within the provisions of s. 112.044. In the case of conflict |
310 | with any provision of law, this paragraph shall control in all |
311 | matters relating to administration of municipal police officers' |
312 | retirement trust funds. |
313 | Section 6. If any provision of this act or its application |
314 | to any person or circumstance is held invalid, the invalidity |
315 | does not affect other provisions or applications of the act |
316 | which can be given effect without the invalid provision or |
317 | application, and to this end the provisions of this act are |
318 | severable. |
319 | Section 7. This act shall take effect July 1, 2006. |