HB 245

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 certain employer-reported retirement
7contributions; providing legislative findings and a
8declaration of important state interest; providing an
9effective date.
11Be It Enacted by the Legislature of the State of Florida:
13     Section 1.  Paragraph (a) of subsection (22) of section
14121.021, Florida Statutes, is amended to read:
15     121.021  Definitions.--The following words and phrases as
16used in this chapter have the respective meanings set forth
17unless a different meaning is plainly required by the context:
18     (22)  "Compensation" means the monthly salary paid a member
19by his or her employer for work performed arising from that
21     (a)  Compensation shall include:
22     1.  Overtime payments paid from a salary fund.
23     2.  Accumulated annual leave payments.
24     3.  Payments in addition to the employee's base rate of pay
25if all the following apply:
26     a.  The payments are paid according to a formal written
27policy that applies to all eligible employees equally;
28     b.  The policy provides that payments shall commence no
29later than the 11th year of employment;
30     c.  The payments are paid for as long as the employee
31continues his or her employment; and
32     d.  The payments are paid at least annually.
33     4.  Amounts withheld for tax sheltered annuities or
34deferred compensation programs, or any other type of salary
35reduction plan authorized under the Internal Revenue Code.
36     5.  Payments made in lieu of a permanent increase in the
37base rate of pay, whether made annually or in 12 or 26 equal
38payments within a 12-month period, when the member's base pay is
39at the maximum of his or her pay range. When a portion of a
40member's annual increase raises his or her pay range and the
41excess is paid as a lump sum payment, such lump sum payment
42shall be compensation for retirement purposes.
43     6.  Effective July 1, 2002, salary supplements made
44pursuant to s. 1012.72 requiring a valid National Board for
45Professional Standards certificate, notwithstanding the
46provisions of subparagraph 3.
47     7.  Effective July 1, 2006, salary supplements made to
48firefighters, paramedics, or emergency medical technicians for
49the successful completion of employer-approved educational
50training or for additional job-related duties and
51responsibilities, notwithstanding the provisions of subparagraph
523. For all periods prior to July 1, 2006, employer-reported
53retirement contributions on these supplemental payments shall be
55     Section 2.  It is declared by the Legislature that
56firefighters, emergency medical technicians, and paramedics
57perform state and municipal functions; that it is their duty to
58protect life and property at their own risk and peril; that it
59is their duty to continuously instruct school personnel, public
60officials, and private citizens about safety; and that their
61activities are vital to the public safety. Therefore, the
62Legislature declares that it is a proper and legitimate state
63purpose to provide a uniform retirement system for the benefit
64of firefighters, emergency medical technicians, and paramedics
65and intends, in implementing the provisions of s. 14, Art. X of
66the State Constitution as they relate to municipal and special
67district pension trust fund systems and plans, that such
68retirement systems or plans be managed, administered, operated,
69and funded in such manner as to maximize the protection of
70pension trust funds. Pursuant to s. 18, Art. VII of the State
71Constitution, the Legislature determines and declares that the
72provisions of this act fulfill an important state interest.
73     Section 3.  This act shall take effect July 1, 2006.

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