Senate Bill sb2028

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    Florida Senate - 2006                                  SB 2028

    By Senator Wise





    5-1411-06

  1                      A bill to be entitled

  2         An act relating to the management of public

  3         pension funds; amending s. 175.032, F.S.;

  4         redefining the term "firefighter"; amending s.

  5         175.061, F.S.; revising the term of a member of

  6         the board of trustees of the firefighters'

  7         pension trust fund for a chapter plan; amending

  8         s. 175.071, F.S.; revising provisions governing

  9         investments of the assets of a firefighters'

10         pension trust fund; clarifying that such

11         investments are subject to certain fiduciary

12         and ethical standards; authorizing any

13         investment meeting specified criteria;

14         authorizing certain individuals designated by

15         the board of trustees of the firefighters'

16         pension trust fund to sign drafts upon the

17         firefighters' pension trust fund; directing the

18         board to establish, consistent with specified

19         requirements, a maximum age to enter the

20         pension fund notwithstanding any other law;

21         amending s. 185.05, F.S.; revising the term of

22         a member of the board of trustees of the

23         municipal police officers' retirement trust

24         fund for a chapter plan; amending s. 185.06,

25         F.S.; revising provisions governing investments

26         of the assets of the municipal police officers'

27         retirement trust fund; clarifying that such

28         investments are subject to certain fiduciary

29         and ethical standards; authorizing any

30         investment meeting specified criteria;

31         authorizing certain individuals designated by

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    Florida Senate - 2006                                  SB 2028
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 1         the board of trustees of the municipal police

 2         officers' retirement trust fund to sign drafts

 3         upon the municipal police officers' retirement

 4         trust fund; directing the board to establish,

 5         consistent with specified requirements, a

 6         maximum age to enter the pension fund

 7         notwithstanding any other law; providing for

 8         severability; providing an effective date.

 9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Paragraph (a) of subsection (8) of section

13  175.032, Florida Statutes, is amended to read:

14         175.032  Definitions.--For any municipality, special

15  fire control district, chapter plan, local law municipality,

16  local law special fire control district, or local law plan

17  under this chapter, the following words and phrases have the

18  following meanings:

19         (8)(a)  "Firefighter" means any person employed solely

20  by a constituted fire department of any municipality or

21  special fire control district who is certified as a

22  firefighter as a condition of employment in accordance with

23  the provisions of s. 633.35 and whose duty it is to extinguish

24  fires, to protect life, or to protect property. The term

25  includes all certified supervisory and command personnel of

26  such a department whose duties include, but are not limited

27  to, responsibilities that involve supervision, training,

28  guidance, or management of a full-time firefighter, a

29  part-time firefighter, or an auxiliary firefighter. The term

30  excludes a person who is a part-time firefighter or an

31  auxiliary firefighter. However, For purposes of this chapter

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    Florida Senate - 2006                                  SB 2028
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 1  only, the term "firefighter" also includes public safety

 2  officers who are responsible for performing both police and

 3  fire services, who are certified as police officers or

 4  firefighters, and who are certified by their employers to the

 5  Chief Financial Officer as participating in this chapter prior

 6  to October 1, 1979. Effective October 1, 1979, public safety

 7  officers who have not been certified as participating in this

 8  chapter shall be considered police officers for retirement

 9  purposes and shall be eligible to participate in chapter 185.

10  Any plan may provide that the fire chief shall have an option

11  to participate, or not, in that plan.

12         Section 2.  Paragraph (a) of subsection (1) of section

13  175.061, Florida Statutes, is amended to read:

14         175.061  Board of trustees; members; terms of office;

15  meetings; legal entity; costs; attorney's fees.--For any

16  municipality, special fire control district, chapter plan,

17  local law municipality, local law special fire control

18  district, or local law plan under this chapter:

19         (1)  In each municipality and in each special fire

20  control district there is hereby created a board of trustees

21  of the firefighters' pension trust fund, which shall be solely

22  responsible for administering the trust fund. Effective

23  October 1, 1986, and thereafter:

24         (a)  The membership of the board of trustees for a

25  chapter plan shall consist of five members, two of whom,

26  unless otherwise prohibited by law, shall be legal residents

27  of the municipality or special fire control district, who

28  shall be appointed by the governing body of the municipality

29  or special fire control district, and two of whom shall be

30  full-time firefighters as defined in s. 175.032 who shall be

31  elected by a majority of the active firefighters who are

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    Florida Senate - 2006                                  SB 2028
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 1  members of such plan. With respect to any chapter plan or

 2  local law plan that, on January 1, 1997, allowed retired

 3  firefighters to vote in such elections, retirees may continue

 4  to vote in such elections. The fifth member shall be chosen by

 5  a majority of the previous four members as provided for

 6  herein, and such person's name shall be submitted to the

 7  governing body of the municipality or special fire control

 8  district.  Upon receipt of the fifth person's name, the

 9  governing body of the municipality or special fire control

10  district shall, as a ministerial duty, appoint such person to

11  the board of trustees as its fifth member. The fifth member

12  shall have the same rights as each of the other four members

13  appointed or elected as herein provided, shall serve as

14  trustee for a period of 4 2 years, and may succeed himself or

15  herself in office. Each resident member shall serve as trustee

16  for a period of 4 2 years, unless sooner replaced by the

17  governing body at whose pleasure he or she shall serve, and

18  may succeed himself or herself as a trustee. Each firefighter

19  member shall serve as trustee for a period of 4 2 years,

20  unless he or she sooner leaves the employment of the

21  municipality or special fire control district as a

22  firefighter, whereupon a successor shall be chosen in the same

23  manner as an original appointment.  Each firefighter may

24  succeed himself or herself in office.

25         Section 3.  Subsection (1) of section 175.071, Florida

26  Statutes, is amended to read:

27         175.071  General powers and duties of board of

28  trustees.--For any municipality, special fire control

29  district, chapter plan, local law municipality, local law

30  special fire control district, or local law plan under this

31  chapter:

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    Florida Senate - 2006                                  SB 2028
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 1         (1)  The board of trustees, subject to the fiduciary

 2  standards in ss. 112.661 and 518.11 and the code of ethics in

 3  part III of chapter 112, may:

 4         (a)  Invest and reinvest the assets of the

 5  firefighters' pension trust fund in annuity and life insurance

 6  contracts of life insurance companies in amounts sufficient to

 7  provide, in whole or in part, the benefits to which all of the

 8  participants in the firefighters' pension trust fund shall be

 9  entitled under the provisions of this chapter and pay the

10  initial and subsequent premiums thereon.

11         (b)  Invest and reinvest the assets of the

12  firefighters' pension trust fund in any lawful investment as

13  provided in the applicable provisions of s. 215.47(1)-(8),

14  (10), and (16), if the investment is permitted in the written

15  investment policy adopted by the board under part VII of

16  chapter 112.:

17         1.  Time or savings accounts of a national bank, a

18  state bank insured by the Bank Insurance Fund, or a savings,

19  building, and loan association insured by the Savings

20  Association Insurance Fund which is administered by the

21  Federal Deposit Insurance Corporation or a state or federal

22  chartered credit union whose share accounts are insured by the

23  National Credit Union Share Insurance Fund.

24         2.  Obligations of the United States or obligations

25  guaranteed as to principal and interest by the government of

26  the United States.

27         3.  Bonds issued by the State of Israel.

28         4.  Bonds, stocks, or other evidences of indebtedness

29  issued or guaranteed by a corporation organized under the laws

30  of the United States, any state or organized territory of the

31  United States, or the District of Columbia, provided:

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    Florida Senate - 2006                                  SB 2028
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 1         a.  The corporation is listed on any one or more of the

 2  recognized national stock exchanges or on the National Market

 3  System of the NASDAQ Stock Market and, in the case of bonds

 4  only, holds a rating in one of the three highest

 5  classifications by a major rating service; and

 6         b.  The board of trustees shall not invest more than 5

 7  percent of its assets in the common stock or capital stock of

 8  any one issuing company, nor shall the aggregate investment in

 9  any one issuing company exceed 5 percent of the outstanding

10  capital stock of that company or the aggregate of its

11  investments under this subparagraph at cost exceed 50 percent

12  of the assets of the fund.

13  

14  This paragraph shall apply to all boards of trustees and

15  participants. However, in the event that a municipality or

16  special fire control district has a duly enacted pension plan

17  pursuant to, and in compliance with, s. 175.351, and the

18  trustees thereof desire to vary the investment procedures

19  herein, the trustees of such plan shall request a variance of

20  the investment procedures as outlined herein only through a

21  municipal ordinance, special act of the Legislature, or

22  resolution by the governing body of the special fire control

23  district; where a special act, or a municipality by ordinance

24  adopted prior to July 1, 1998, permits a greater than

25  50-percent equity investment, such municipality shall not be

26  required to comply with the aggregate equity investment

27  provisions of this paragraph. Notwithstanding any other

28  provision of law to the contrary, nothing in this section may

29  be construed to take away any preexisting legal authority to

30  make equity investments that exceed the requirements of this

31  

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    Florida Senate - 2006                                  SB 2028
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 1  paragraph. The board of trustees may invest up to 10 percent

 2  of plan assets in foreign securities.

 3         (c)  Issue drafts upon the firefighters' pension trust

 4  fund pursuant to this act and rules and regulations prescribed

 5  by the board of trustees. All such drafts shall be

 6  consecutively numbered, be signed by the chair and secretary

 7  or two individuals designated by the board, and state upon

 8  their faces the purpose for which the drafts are drawn.  The

 9  treasurer or depository of each municipality or special fire

10  control district shall retain such drafts when paid, as

11  permanent vouchers for disbursements made, and no money shall

12  be otherwise drawn from the fund.

13         (d)  Convert into cash any securities of the fund.

14         (e)  Keep a complete record of all receipts and

15  disbursements and of the board's acts and proceedings.

16         (f)  Establish, consistent with the provisions of s.

17  112.044, the maximum age for entrance into the fund. The

18  maximum entry age established by the board pursuant to this

19  paragraph applies notwithstanding another state law to the

20  contrary.

21         Section 4.  Paragraph (a) of subsection (1) of section

22  185.05, Florida Statutes, is amended to read:

23         185.05  Board of trustees; members; terms of office;

24  meetings; legal entity; costs; attorney's fees.--For any

25  municipality, chapter plan, local law municipality, or local

26  law plan under this chapter:

27         (1)  In each municipality described in s. 185.03 there

28  is hereby created a board of trustees of the municipal police

29  officers' retirement trust fund, which shall be solely

30  responsible for administering the trust fund. Effective

31  October 1, 1986, and thereafter:

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 1         (a)  The membership of the board of trustees for

 2  chapter plans shall consist of five members, two of whom,

 3  unless otherwise prohibited by law, shall be legal residents

 4  of the municipality, who shall be appointed by the legislative

 5  body of the municipality, and two of whom shall be police

 6  officers as defined in s. 185.02 who shall be elected by a

 7  majority of the active police officers who are members of such

 8  plan. With respect to any chapter plan or local law plan that,

 9  on January 1, 1997, allowed retired police officers to vote in

10  such elections, retirees may continue to vote in such

11  elections. The fifth member shall be chosen by a majority of

12  the previous four members, and such person's name shall be

13  submitted to the legislative body of the municipality.  Upon

14  receipt of the fifth person's name, the legislative body of

15  the municipality shall, as a ministerial duty, appoint such

16  person to the board of trustees as its fifth member.  The

17  fifth member shall have the same rights as each of the other

18  four members appointed or elected as herein provided, shall

19  serve as trustee for a period of 4 2 years, and may succeed

20  himself or herself in office. Each resident member shall serve

21  as trustee for a period of 4 2 years, unless sooner replaced

22  by the legislative body at whose pleasure the member shall

23  serve, and may succeed himself or herself as a trustee.  Each

24  police officer member shall serve as trustee for a period of 4

25  2 years, unless he or she sooner leaves the employment of the

26  municipality as a police officer, whereupon the legislative

27  body of the municipality shall choose a successor in the same

28  manner as an original appointment.  Each police officer may

29  succeed himself or herself in office.

30         Section 5.  Subsection (1) of section 185.06, Florida

31  Statutes, is amended to read:

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 1         185.06  General powers and duties of board of

 2  trustees.--For any municipality, chapter plan, local law

 3  municipality, or local law plan under this chapter:

 4         (1)  The board of trustees may, subject to the

 5  fiduciary standards in ss. 112.661 and 518.11 and the code of

 6  ethics in part III of chapter 112:

 7         (a)  Invest and reinvest the assets of the retirement

 8  trust fund in annuity and life insurance contracts of life

 9  insurance companies in amounts sufficient to provide, in whole

10  or in part, the benefits to which all of the participants in

11  the municipal police officers' retirement trust fund shall be

12  entitled under the provisions of this chapter, and pay the

13  initial and subsequent premiums thereon.

14         (b)  Invest and reinvest the assets of the retirement

15  trust fund in any lawful investment as provided in the

16  applicable provisions of s. 215.47(1)-(8), (10), and (16), if

17  the investment is permitted in the written investment policy

18  adopted by the board under part VII of chapter 112.:

19         1.  Time or savings accounts of a national bank, a

20  state bank insured by the Bank Insurance Fund, or a savings

21  and loan association insured by the Savings Association

22  Insurance Fund which is administered by the Federal Deposit

23  Insurance Corporation or a state or federal chartered credit

24  union whose share accounts are insured by the National Credit

25  Union Share Insurance Fund.

26         2.  Obligations of the United States or obligations

27  guaranteed as to principal and interest by the United States.

28         3.  Bonds issued by the State of Israel.

29         4.  Bonds, stocks, or other evidences of indebtedness

30  issued or guaranteed by a corporation organized under the laws

31  

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    Florida Senate - 2006                                  SB 2028
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 1  of the United States, any state or organized territory of the

 2  United States, or the District of Columbia, provided:

 3         a.  The corporation is listed on any one or more of the

 4  recognized national stock exchanges or on the National Market

 5  System of the NASDAQ Stock Market and, in the case of bonds

 6  only, holds a rating in one of the three highest

 7  classifications by a major rating service; and

 8         b.  The board of trustees shall not invest more than 5

 9  percent of its assets in the common stock or capital stock of

10  any one issuing company, nor shall the aggregate investment in

11  any one issuing company exceed 5 percent of the outstanding

12  capital stock of the company or the aggregate of its

13  investments under this subparagraph at cost exceed 50 percent

14  of the fund's assets.

15  

16  This paragraph shall apply to all boards of trustees and

17  participants. However, in the event that a municipality has a

18  duly enacted pension plan pursuant to, and in compliance with,

19  s. 185.35 and the trustees thereof desire to vary the

20  investment procedures herein, the trustees of such plan shall

21  request a variance of the investment procedures as outlined

22  herein only through a municipal ordinance or special act of

23  the Legislature; where a special act, or a municipality by

24  ordinance adopted prior to July 1, 1998, permits a greater

25  than 50-percent equity investment, such municipality shall not

26  be required to comply with the aggregate equity investment

27  provisions of this paragraph. Notwithstanding any other

28  provision of law to the contrary, nothing in this section may

29  be construed to take away any preexisting legal authority to

30  make equity investments that exceed the requirements of this

31  

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    Florida Senate - 2006                                  SB 2028
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 1  paragraph. The board of trustees may invest up to 10 percent

 2  of plan assets in foreign securities.

 3         (c)  Issue drafts upon the municipal police officers'

 4  retirement trust fund pursuant to this act and rules and

 5  regulations prescribed by the board of trustees.  All such

 6  drafts shall be consecutively numbered, be signed by the chair

 7  and secretary or two individuals designated by the board, and

 8  state upon their faces the purposes for which the drafts are

 9  drawn.  The city treasurer or other depository shall retain

10  such drafts when paid, as permanent vouchers for disbursements

11  made, and no money shall otherwise be drawn from the fund.

12         (d)  Finally decide all claims to relief under the

13  board's rules and regulations and pursuant to the provisions

14  of this act.

15         (e)  Convert into cash any securities of the fund.

16         (f)  Keep a complete record of all receipts and

17  disbursements and of the board's acts and proceedings.

18         (g)  Establish, consistent with the provisions of s.

19  112.044, the maximum age for entrance into the fund. The

20  maximum entry age established by the board pursuant to this

21  paragraph applies notwithstanding another state law to the

22  contrary.

23         Section 6.  If any provision of this act or its

24  application to any person or circumstance is held invalid, the

25  invalidity does not affect other provisions or applications of

26  the act which can be given effect without the invalid

27  provision or application, and to this end the provisions of

28  this act are severable.

29         Section 7.  This act shall take effect upon becoming a

30  law.

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises provisions governing the managers and management
      of the firefighters' pension trust fund and the municipal
 4    police officers' retirement trust fund. Clarifies that
      investments of the assets of the funds are subject to
 5    certain fiduciary and ethical standards. Authorizes any
      investment that meets specified criteria. Authorizes
 6    certain individuals designated by the board of trustees
      of each fund to sign drafts upon the fund managed by that
 7    board. Directs each board to establish a maximum age for
      entry into the pension fund managed by that board and
 8    provides for application of the age established by the
      board.
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