1 | A bill to be entitled |
2 | An act relating to the Florida Retirement System; amending |
3 | s. 121.0515, F.S.; revising the criteria under which |
4 | certain employees of the Department of Law Enforcement, |
5 | the Division of State Fire Marshal, or a local government |
6 | law enforcement agency or medical examiner's office are |
7 | eligible for membership in the Special Risk Class; |
8 | authorizing the Department of Management Services to |
9 | review the special risk designation of certain members; |
10 | authorizing certain members to purchase additional |
11 | retirement credit to upgrade prior service to Special Risk |
12 | Class service; providing for the calculation of |
13 | contributions for such service upgrade; authorizing the |
14 | employer to purchase such additional credit for certain |
15 | members; providing a declaration of important state |
16 | interest; providing an effective date. |
17 |
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18 | Be It Enacted by the Legislature of the State of Florida: |
19 |
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20 | Section 1. Paragraph (h) of subsection (2) and subsection |
21 | (4) of section 121.0515, Florida Statutes, are amended, |
22 | paragraphs (i) and (j) are added to subsection (2) of that |
23 | section, and paragraph (c) is added to subsection (9) of that |
24 | section, to read: |
25 | 121.0515 Special risk membership.-- |
26 | (2) CRITERIA.--A member, to be designated as a special |
27 | risk member, must meet the following criteria: |
28 | (h) Effective October 1, 2005, through June 30, 2008, the |
29 | member must be employed by a law enforcement agency or medical |
30 | examiner's office in a forensic discipline recognized by the |
31 | International Association for Identification and must qualify |
32 | for active membership in the International Association for |
33 | Identification. The member's primary duties and responsibilities |
34 | must include the collection, examination, preservation, |
35 | documentation, preparation, or analysis of physical evidence or |
36 | testimony, or both, or the member must be the direct supervisor, |
37 | quality management supervisor, or command officer of one or more |
38 | individuals with such responsibility. Administrative support |
39 | personnel, including, but not limited to, those whose primary |
40 | responsibilities are clerical or in accounting, purchasing, |
41 | legal, and personnel, shall not be included. |
42 | (i) Effective July 1, 2008, the member must be employed by |
43 | the Department of Law Enforcement in the crime laboratory or by |
44 | the Division of State Fire Marshal in the forensic laboratory in |
45 | one of the following classes: |
46 | 1. Forensic technologist (class code 8459); |
47 | 2. Crime laboratory technician (class code 8461); |
48 | 3. Crime laboratory analyst (class code 8463); |
49 | 4. Senior crime laboratory analyst (class code 8464); |
50 | 5. Crime laboratory analyst supervisor (class code 8466); |
51 | 6. Forensic chief (class code 9602); or |
52 | 7. Forensic services quality manager (class code 9603). |
53 | (j) Effective July 1, 2008, the member must be employed by |
54 | a local government law enforcement agency or medical examiner's |
55 | office and must spend at least 65 percent of his or her time |
56 | performing duties that involve the collection, examination, |
57 | preservation, documentation, preparation, or analysis of human |
58 | tissues or fluids or physical evidence having potential |
59 | biological, chemical, or radiological hazard or contamination, |
60 | or use chemicals, processes, or materials that may have |
61 | carcinogenic or health-damaging properties in the analysis of |
62 | such evidence, or the member must be the direct supervisor of |
63 | one or more individuals having such responsibility. If a special |
64 | risk member changes to another position within the same agency, |
65 | he or she must submit a complete application as provided in |
66 | paragraph (3)(a). |
67 | (4) REMOVAL OF SPECIAL RISK MEMBERSHIP.-- |
68 | (a) Any member who is a special risk member on October 1, |
69 | 1978, and who fails to meet the criteria for special risk |
70 | membership established by this section shall have his or her |
71 | special risk designation removed and thereafter shall be a |
72 | regular member and shall earn only regular membership credit. |
73 | The department shall have the authority to review the special |
74 | risk designation of members to determine whether or not those |
75 | members continue to meet the criteria for special risk |
76 | membership. |
77 | (b) Any member who is a special risk member on July 1, |
78 | 2008, and who became eligible to participate under paragraph |
79 | (2)(h) but fails to meet the criteria for special risk |
80 | membership established by paragraph (2)(i) or paragraph (2)(j) |
81 | shall have his or her special risk designation removed and |
82 | thereafter shall be a Regular Class member and earn only Regular |
83 | Class membership credit. The department may review the special |
84 | risk designation of members to determine whether or not those |
85 | members continue to meet the criteria for special risk |
86 | membership. |
87 | (9) CREDIT FOR UPGRADED SERVICE.-- |
88 | (c) Any member of the Special Risk Class who has earned |
89 | creditable service in another membership class of the Florida |
90 | Retirement System in a position with the Department of Law |
91 | Enforcement or the Division of State Fire Marshal and became |
92 | covered by the Special Risk Class as described in paragraph |
93 | (2)(i), or with a local government law enforcement agency or |
94 | medical examiner's office and became covered by the Special Risk |
95 | Class as described in paragraph (2)(j), which service is within |
96 | the purview of the Special Risk Class, and is employed in such |
97 | position on or after July 1, 2008, may purchase additional |
98 | retirement credit to upgrade such service to Special Risk Class |
99 | service, to the extent of the percentages of the member's |
100 | average final compensation provided in s. 121.091(1)(a)2. The |
101 | cost for such credit shall be an amount representing the |
102 | actuarial accrued liability for the difference in accrual value |
103 | during the affected period of service. The cost shall be |
104 | calculated using the discount rate and other relevant actuarial |
105 | assumptions that were used to value the Florida Retirement |
106 | System defined benefit plan liabilities in the most recent |
107 | actuarial valuation. The division shall ensure that the transfer |
108 | sum is prepared using a formula and methodology certified by an |
109 | enrolled actuary. The cost must be paid immediately upon |
110 | notification by the division. The local government employer may |
111 | purchase the upgraded service credit on behalf of the member if |
112 | the member has been employed by that employer for at least 3 |
113 | years. |
114 | Section 2. The Legislature finds that a proper and |
115 | legitimate state purpose is served when employees and retirees |
116 | of the state and its political subdivisions, and the dependents, |
117 | survivors, and beneficiaries of such employees and retirees, are |
118 | extended additional protections afforded by governmental |
119 | retirement systems. These persons must be provided benefits that |
120 | are fair and adequate and that are managed, administered, and |
121 | funded in a sound actuarial manner, as required by Section 14, |
122 | Article X of the State Constitution and part VII of chapter 112, |
123 | Florida Statutes. Therefore, the Legislature determines and |
124 | declares that this act fulfills an important state interest. |
125 | Section 3. This act shall take effect July 1, 2008. |