Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for SB 538
       
       
       
       
       
       
                                Barcode 134318                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/F/2R          .                                
             04/29/2009 03:23 PM       .                                
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       Senator Bennett moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 560 and 561
    4  insert:
    5         Section 8. Subsection (1) of section 175.351, Florida
    6  Statutes, is amended to read:
    7         175.351 Municipalities and special fire control districts
    8  having their own pension plans for firefighters.—For any
    9  municipality, special fire control district, local law
   10  municipality, local law special fire control district, or local
   11  law plan under this chapter, in order for municipalities and
   12  special fire control districts with their own pension plans for
   13  firefighters, or for firefighters and police officers, where
   14  included, to participate in the distribution of the tax fund
   15  established pursuant to s. 175.101, local law plans must meet
   16  the minimum benefits and minimum standards set forth in this
   17  chapter.
   18         (1) PREMIUM TAX INCOME.—
   19         (a) If a municipality has a pension plan for firefighters,
   20  or a pension plan for firefighters and police officers, where
   21  included, which in the opinion of the division meets the minimum
   22  benefits and minimum standards set forth in this chapter, the
   23  board of trustees of the pension plan, as approved by a majority
   24  of firefighters of the municipality, may:
   25         1.(a) Place the income from the premium tax in s. 175.101
   26  in the such pension plan for the sole and exclusive use of its
   27  firefighters, or for firefighters and police officers, where
   28  included, where it shall become an integral part of that pension
   29  plan and shall be used to pay extra benefits to the firefighters
   30  included in that pension plan; or
   31         2.(b) Place the income from the premium tax in s. 175.101
   32  into in a separate supplemental plan to pay extra benefits to
   33  firefighters, or to firefighters and police officers where
   34  included, participating in the such separate supplemental plan.
   35         (b) The premium tax provided by this chapter must shall in
   36  all cases be used in its entirety to provide extra benefits to
   37  firefighters, or to firefighters and police officers, where
   38  included. However,
   39         1. Local law plans in effect on October 1, 1998, must shall
   40  be required to comply with the minimum benefit provisions of
   41  this chapter only to the extent that additional premium tax
   42  revenues become available to incrementally fund the cost of such
   43  compliance as provided in s. 175.162(2)(a). If When a plan is in
   44  compliance with such minimum benefit provisions, as subsequent
   45  additional premium tax revenues become available, the revenues
   46  they shall be used to provide extra benefits. Notwithstanding
   47  any other provision of this chapter, effective July 1, 2009,
   48  through June 30, 2011, for plans that are not fully funded,
   49  premium tax revenues received in excess of the amount needed for
   50  compliance with the minimum benefit provisions and for extra
   51  benefits implemented before July 1, 2009, must be used to reduce
   52  the required contributions of the municipality or special fire
   53  control district to the plan.
   54         2. For the purpose of this chapter, “additional premium tax
   55  revenues” means revenues received by a municipality or special
   56  fire control district pursuant to s. 175.121 which exceed the
   57  that amount received for calendar year 1997, and the term “extra
   58  benefits” means benefits in addition to or greater than those
   59  provided to general employees of the municipality and in
   60  addition to those in existence for firefighters on March 12,
   61  1999. Local law plans created by special act before May 23,
   62  1939, are shall be deemed to comply with this chapter.
   63  
   64  ================= T I T L E  A M E N D M E N T ================
   65         And the title is amended as follows:
   66         Delete line 42
   67  and insert:
   68         joint annuitant or beneficiary; amending s, 175.351,
   69         F.S.; requiring excess premium taxes to be used to
   70         reduce the contributions of a municipality or special
   71         district to pension plans that are not fully funded;
   72         amending s. 175.361,