Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 538
       
       
       
       
       
       
                                Barcode 839958                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  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 763 and 764
    4  insert:
    5         Section 13. Subsection (1) of section 185.35, Florida
    6  Statutes, is amended to read:
    7         185.35 Municipalities having their own pension plans for
    8  police officers.—For any municipality, chapter plan, local law
    9  municipality, or local law plan under this chapter, in order for
   10  municipalities with their own pension plans for police officers,
   11  or for police officers and firefighters where included, to
   12  participate in the distribution of the tax fund established
   13  pursuant to s. 185.08, local law plans must meet the minimum
   14  benefits and minimum standards set forth in this chapter:
   15         (1) PREMIUM TAX INCOME.—If a municipality has a pension
   16  plan for police officers, or for police officers and
   17  firefighters where included, which, in the opinion of the
   18  division, meets the minimum benefits and minimum standards set
   19  forth in this chapter, the board of trustees of the pension
   20  plan, as approved by a majority of police officers of the
   21  municipality, may:
   22         (a) Place the income from the premium tax in s. 185.08 in
   23  such pension plan for the sole and exclusive use of its police
   24  officers, or its police officers and firefighters where
   25  included, where it shall become an integral part of that pension
   26  plan and shall be used to pay extra benefits to the police
   27  officers included in that pension plan; or
   28         (b) May place the income from the premium tax in s. 185.08
   29  in a separate supplemental plan to pay extra benefits to the
   30  police officers, or police officers and firefighters where
   31  included, participating in such separate supplemental plan.
   32  
   33  The premium tax provided by this chapter shall in all cases be
   34  used in its entirety to provide extra benefits to police
   35  officers, or to police officers and firefighters, where
   36  included. However, local law plans in effect on October 1, 1998,
   37  shall be required to comply with the minimum benefit provisions
   38  of this chapter only to the extent that additional premium tax
   39  revenues become available to incrementally fund the cost of such
   40  compliance as provided in s. 185.16(2). When a plan is in
   41  compliance with such minimum benefit provisions, as subsequent
   42  additional tax revenues become available, they shall be used to
   43  pay for extra benefits implemented prior to July 1, 2009.
   44  Effective July 1, 2009 through June 30, 2011 for plans that are
   45  not fully funded, any additional premium tax revenues received
   46  in excess of the amount needed for compliance with the minimum
   47  benefit provisions of this chapter and for extra benefits
   48  implemented prior to July 1, 2009, shall be used to reduce the
   49  required contributions of the municipality to the plan provide
   50  extra benefits. For the purpose of this chapter, “additional
   51  premium tax revenues” means revenues received by a municipality
   52  pursuant to s. 185.10 which exceed the amount received for
   53  calendar year 1997, and the term “extra benefits” means benefits
   54  implemented prior to July 1, 2009 that are in addition to or
   55  greater than those provided to general employees of the
   56  municipality and in addition to those in existence for police
   57  officers on March 12, 1999. Local law plans created by special
   58  act before May 23, 1939, shall be deemed to comply with this
   59  chapter.
   60  
   61  ================= T I T L E  A M E N D M E N T ================
   62         And the title is amended as follows:
   63         Between lines 73 and 74
   64  insert:
   65  amending s. 185.35,F.S.; revising requirements for the use of
   66  certain additional premium tax revenues; providing for the
   67  specified use of such revenues for a two-year period; revising a
   68  definition;