Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 538
       
       
       
       
       
       
                                Barcode 422240                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/10/2009           .                                
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       The Committee on Community Affairs (Bennett) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 397 and 398
    4  insert:
    5         Section 6. 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.—If a municipality has a pension
   19  plan for firefighters, or a pension plan for firefighters and
   20  police officers, where included, which in the opinion of the
   21  division meets the minimum benefits and minimum standards set
   22  forth in this chapter, the board of trustees of the pension
   23  plan, as approved by a majority of firefighters of the
   24  municipality, may:
   25         (a) Place the income from the premium tax in s. 175.101 in
   26  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         (b) Place the income from the premium tax in s. 175.101 in
   32  a separate supplemental plan to pay extra benefits to
   33  firefighters, or to firefighters and police officers where
   34  included, participating in such separate supplemental plan.
   35  
   36  The premium tax provided by this chapter shall in all cases be
   37  used in its entirety to provide extra benefits to firefighters,
   38  or to firefighters and police officers, where included. However,
   39  local law plans in effect on October 1, 1998, shall be required
   40  to comply with the minimum benefit provisions of this chapter
   41  only to the extent that additional premium tax revenues become
   42  available to incrementally fund the cost of such compliance as
   43  provided in s. 175.162(2)(a). When a plan is in compliance with
   44  such minimum benefit provisions, as subsequent additional
   45  premium tax revenues become available, they shall be used to pay
   46  for extra benefits implemented prior to July 1, 2009. Effective
   47  July 1, 2009 and through June 30, 2011, additional premium tax
   48  revenues received in excess of the amount needed for compliance
   49  with the minimum benefit provisions of this chapter and for
   50  extra benefits implemented prior to July 1, 2009, shall be used
   51  to reduce the required contributions of the municipality or
   52  special fire control district to the plan provide extra
   53  benefits. For the purpose of this chapter, “additional premium
   54  tax revenues” means revenues received by a municipality or
   55  special fire control district pursuant to s. 175.121 which
   56  exceed that amount received for calendar year 1997, and the term
   57  “extra benefits” means benefits implemented prior to July 1,
   58  2009 that are in addition to or greater than those provided to
   59  general employees of the municipality and in addition to those
   60  in existence for firefighters on March 12, 1999. Local law plans
   61  created by special act before May 23, 1939, shall be deemed to
   62  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 31
   67  and insert:
   68  joint annuitant or beneficiary; amending s. 175.351, F.S.;
   69  revising requirements for the use of certain additional premium
   70  tax revenues; providing for the specified use of such revenues
   71  for a two-year period; revising a definition; amending s.
   72  175.361,