| 1 | The Governmental Operations Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to the Florida Retirement System; amending |
| 7 | s. 121.021, F.S.; redefining the term "compensation" to |
| 8 | include certain supplementary payments made to |
| 9 | firefighters, paramedics, and emergency medical |
| 10 | technicians; providing legislative findings and a |
| 11 | declaration of important state interest; providing an |
| 12 | effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Paragraph (a) of subsection (22) of section |
| 17 | 121.021, Florida Statutes, is amended to read: |
| 18 | 121.021 Definitions.--The following words and phrases as |
| 19 | used in this chapter have the respective meanings set forth |
| 20 | unless a different meaning is plainly required by the context: |
| 21 | (22) "Compensation" means the monthly salary paid a member |
| 22 | by his or her employer for work performed arising from that |
| 23 | employment. |
| 24 | (a) Compensation shall include: |
| 25 | 1. Overtime payments paid from a salary fund. |
| 26 | 2. Accumulated annual leave payments. |
| 27 | 3. Payments in addition to the employee's base rate of pay |
| 28 | if all the following apply: |
| 29 | a. The payments are paid according to a formal written |
| 30 | policy that applies to all eligible employees equally; |
| 31 | b. The policy provides that payments shall commence no |
| 32 | later than the 11th year of employment; |
| 33 | c. The payments are paid for as long as the employee |
| 34 | continues his or her employment; and |
| 35 | d. The payments are paid at least annually. |
| 36 | 4. Amounts withheld for tax sheltered annuities or |
| 37 | deferred compensation programs, or any other type of salary |
| 38 | reduction plan authorized under the Internal Revenue Code. |
| 39 | 5. Payments made in lieu of a permanent increase in the |
| 40 | base rate of pay, whether made annually or in 12 or 26 equal |
| 41 | payments within a 12-month period, when the member's base pay is |
| 42 | at the maximum of his or her pay range. When a portion of a |
| 43 | member's annual increase raises his or her pay range and the |
| 44 | excess is paid as a lump sum payment, such lump sum payment |
| 45 | shall be compensation for retirement purposes. |
| 46 | 6. Effective July 1, 2002, salary supplements made |
| 47 | pursuant to s. 1012.72 requiring a valid National Board for |
| 48 | Professional Standards certificate, notwithstanding the |
| 49 | provisions of subparagraph 3. |
| 50 | 7. Effective July 1, 2006, and notwithstanding the |
| 51 | provisions of subparagraph 3., any salary supplement received by |
| 52 | a firefighter, paramedic, or emergency medical technician if |
| 53 | each of the following criteria applies: |
| 54 | a. The salary supplement is a recurring payment received |
| 55 | at least quarterly and in addition to the employee's regular or |
| 56 | overtime salary. |
| 57 | b. The salary supplement is received for assignment, |
| 58 | certifications, qualifications, or successful completion of |
| 59 | employer-approved education as provided in a formal written |
| 60 | policy or contract that applies to all firefighters, paramedics, |
| 61 | or emergency medical technicians. |
| 62 |
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| 63 | Any salary supplement meeting the criteria of this subparagraph |
| 64 | that was received by the Division of Retirement for employment |
| 65 | prior to March 1, 2006, and that has not been returned to the |
| 66 | contributing employer or credited to the employee by July 1, |
| 67 | 2006, shall also be compensation and credited to the employee. |
| 68 | Section 2. It is declared by the Legislature that |
| 69 | firefighters, emergency medical technicians, and paramedics |
| 70 | perform state and municipal functions; that it is their duty to |
| 71 | protect life and property at their own risk and peril; that it |
| 72 | is their duty to continuously instruct school personnel, public |
| 73 | officials, and private citizens about safety; and that their |
| 74 | activities are vital to the public safety. Therefore, the |
| 75 | Legislature declares that it is a proper and legitimate state |
| 76 | purpose to provide a uniform retirement system for the benefit |
| 77 | of firefighters, emergency medical technicians, and paramedics |
| 78 | and intends, in implementing the provisions of s. 14, Art. X of |
| 79 | the State Constitution as they relate to municipal and special |
| 80 | district pension trust fund systems and plans, that such |
| 81 | retirement systems or plans be managed, administered, operated, |
| 82 | and funded in such manner as to maximize the protection of |
| 83 | pension trust funds. Pursuant to s. 18, Art. VII of the State |
| 84 | Constitution, the Legislature determines and declares that the |
| 85 | provisions of this act fulfill an important state interest. |
| 86 | Section 3. This act shall take effect July 1, 2006. |