ENROLLED
       2009 Legislature                    CS for SB 538, 1st Engrossed
       
       
       
       
       
       
                                                              2009538er
    1  
    2         An act relating to publicly funded retirement
    3         programs; amending s. 121.4501, F.S.; requiring the
    4         Trustees of the State Board of Administration to
    5         identify and offer at least one terror-free investment
    6         product to the Public Employee Optional Retirement
    7         Program by a certain date; amending s. 121.591, F.S.;
    8         conforming a cross-reference; amending s. 175.032,
    9         F.S.; redefining the terms “credible service” and
   10         “firefighter”; amending s. 175.061, F.S.; authorizing
   11         the terms of office for the board of trustees of the
   12         firefighters’ pension trust fund to be revised under
   13         certain circumstances; authorizing the firefighters’
   14         pension trust fund plan administrator to withhold
   15         funds to pay for premiums for accident, health, and
   16         long-term care insurance for the retiree and the
   17         retiree’s spouse and dependents; providing an
   18         exemption from liability under certain circumstances;
   19         amending s. 175.071, F.S.; requiring the board of
   20         trustees to perform its powers subject to certain
   21         fiduciary standards and ethics provisions; increasing
   22         the percentage of assets of the firefighters’ pension
   23         trust fund that the board of trustees may invest in
   24         foreign securities on a market-value basis;
   25         authorizing certain individuals to sign drafts issued
   26         providing that investment caps on foreign securities
   27         may only be amended, repealed, or increased by an act
   28         of the Legislature; authorizing certain individuals to
   29         sign drafts issued upon the firefighters’ pension
   30         trust fund; requiring the board of trustees to
   31         identify and divest the fund of any scrutinized
   32         companies by a certain date; amending s. 175.101,
   33         F.S.; clarifying boundaries of a special fire control
   34         district for purposes of assessment and imposition of
   35         the excise tax on property insurance premiums;
   36         amending s. 175.171, F.S.; authorizing retired
   37         firefighters to change their designation of joint
   38         annuitant or beneficiary up to two times without the
   39         approval of the board of trustees or the prior joint
   40         annuitant or beneficiary; conforming provisions
   41         relating to joint pensioner or beneficiary to reflect
   42         joint annuitant or beneficiary; amending s. 175.361,
   43         F.S.; revising fund distribution procedures with
   44         respect to plan termination; providing that the
   45         Department of Management Services shall effect the
   46         termination of the fund; amending s. 185.02, F.S.;
   47         redefining the term “creditable service” for purposes
   48         of determining credit for prior service as a police
   49         officer; amending s. 185.05, F.S.; revising municipal
   50         police officers’ retirement trust fund board of
   51         trustee selection procedures; authorizing the terms of
   52         office for the board of trustees of the municipal
   53         police officers’ retirement trust fund to be revised
   54         under certain circumstances; authorizing the plan
   55         administrator to withhold funds to pay for premiums
   56         for accident, health, and long-term care insurance for
   57         the retiree and the retiree’s spouse and dependents;
   58         providing an exemption from liability under certain
   59         circumstances; amending s. 185.06, F.S.; requiring the
   60         board of trustees to perform its powers subject to
   61         certain fiduciary standards and ethics provisions;
   62         increasing the percentage of assets of the municipal
   63         police officers’ retirement trust fund that the board
   64         of trustees may invest in foreign securities on a
   65         market-value basis; providing that the investment cap
   66         on foreign securities may only be amended, repealed,
   67         or increased by an act of the Legislature; authorizing
   68         certain individuals to sign drafts issued upon the
   69         municipal police officers’ retirement trust fund;
   70         requiring the board of trustees to identify and divest
   71         the fund of any scrutinized companies by a date
   72         certain; amending s. 185.161, F.S.; authorizing
   73         retired police officers to change their designation of
   74         joint annuitant or beneficiary up to two times without
   75         the approval of the board of trustees or the prior
   76         joint annuitant or beneficiary; conforming provisions
   77         relating to joint pensioner or beneficiary to reflect
   78         joint annuitant or beneficiary; amending s. 185.37,
   79         F.S.; revising fund distribution procedures with
   80         respect to plan termination; providing that the
   81         Department of Management Services shall effect the
   82         termination of the fund; providing an effective date.
   83  
   84  Be It Enacted by the Legislature of the State of Florida:
   85  
   86         Section 1. Present paragraphs (d), (e), and (f) of
   87  subsection (9) of section 121.4501, Florida Statutes, are
   88  redesignated as paragraphs (e), (f), and (g), respectively, and
   89  a new paragraph (d) is added to that subsection, to read:
   90         121.4501 Public Employee Optional Retirement Program.—
   91         (9) INVESTMENT OPTIONS OR PRODUCTS; PERFORMANCE REVIEW.—
   92         (d)By March 1, 2010, the board shall identify and offer at
   93  least one terror-free investment product that allocates its
   94  funds among securities not subject to divestiture as provided in
   95  s. 215.473 if the investment product is deemed by the board to
   96  be consistent with prudent investor standards. No person may
   97  bring a civil, criminal, or administrative action against an
   98  approved provider, the state board, or any employee, officer,
   99  director, or trustee of such provider based upon the divestiture
  100  of any security or the offering of a terror-free investment
  101  product as specified in this paragraph.
  102         Section 2. Paragraph (a) of subsection (1) of section
  103  121.591, Florida Statutes, is amended to read:
  104         121.591 Benefits payable under the Public Employee Optional
  105  Retirement Program of the Florida Retirement System.—Benefits
  106  may not be paid under this section unless the member has
  107  terminated employment as provided in s. 121.021(39)(a) or is
  108  deceased and a proper application has been filed in the manner
  109  prescribed by the state board or the department. The state board
  110  or department, as appropriate, may cancel an application for
  111  retirement benefits when the member or beneficiary fails to
  112  timely provide the information and documents required by this
  113  chapter and the rules of the state board and department. In
  114  accordance with their respective responsibilities as provided
  115  herein, the state board of Administration and the Department of
  116  Management Services shall adopt rules establishing procedures
  117  for application for retirement benefits and for the cancellation
  118  of such application when the required information or documents
  119  are not received. The State Board of Administration and the
  120  Department of Management Services, as appropriate, are
  121  authorized to cash out a de minimis account of a participant who
  122  has been terminated from Florida Retirement System covered
  123  employment for a minimum of 6 calendar months. A de minimis
  124  account is an account containing employer contributions and
  125  accumulated earnings of not more than $5,000 made under the
  126  provisions of this chapter. Such cash-out must either be a
  127  complete lump-sum liquidation of the account balance, subject to
  128  the provisions of the Internal Revenue Code, or a lump-sum
  129  direct rollover distribution paid directly to the custodian of
  130  an eligible retirement plan, as defined by the Internal Revenue
  131  Code, on behalf of the participant. If any financial instrument
  132  issued for the payment of retirement benefits under this section
  133  is not presented for payment within 180 days after the last day
  134  of the month in which it was originally issued, the third-party
  135  administrator or other duly authorized agent of the State Board
  136  of Administration shall cancel the instrument and credit the
  137  amount of the instrument to the suspense account of the Public
  138  Employee Optional Retirement Program Trust Fund authorized under
  139  s. 121.4501(6). Any such amounts transferred to the suspense
  140  account are payable upon a proper application, not to include
  141  earnings thereon, as provided in this section, within 10 years
  142  after the last day of the month in which the instrument was
  143  originally issued, after which time such amounts and any
  144  earnings thereon shall be forfeited. Any such forfeited amounts
  145  are assets of the Public Employee Optional Retirement Program
  146  Trust Fund and are not subject to the provisions of chapter 717.
  147         (1) NORMAL BENEFITS.—Under the Public Employee Optional
  148  Retirement Program:
  149         (a) Benefits in the form of vested accumulations as
  150  described in s. 121.4501(6) are shall be payable under this
  151  subsection in accordance with the following terms and
  152  conditions:
  153         1. To the extent vested, benefits are shall be payable only
  154  to a participant.
  155         2. Benefits shall be paid by the third-party administrator
  156  or designated approved providers in accordance with the law, the
  157  contracts, and any applicable board rule or policy.
  158         3. To receive benefits under this subsection, the
  159  participant must be terminated from all employment with all
  160  Florida Retirement System employers, as provided in s.
  161  121.021(39).
  162         4. Benefit payments may not be made until the participant
  163  has been terminated for 3 calendar months, except that the board
  164  may authorize by rule for the distribution of up to 10 percent
  165  of the participant’s account after being terminated for 1
  166  calendar month if the a participant has reached the normal
  167  retirement requirements of the defined benefit plan, as provided
  168  in s. 121.021(29).
  169         5. If a member or former member of the Florida Retirement
  170  System receives an invalid distribution from the Public Employee
  171  Optional Retirement Program Trust Fund, such person must shall
  172  repay the full invalid distribution to the trust fund within 90
  173  days after receipt of final notification by the state board of
  174  Administration or the third-party administrator that the
  175  distribution was invalid. If such person fails to repay the full
  176  invalid distribution within 90 days after receipt of final
  177  notification, the person may be deemed retired from the Public
  178  Employee optional retirement program by the state board, as
  179  provided pursuant to s. 121.4501(2)(j), and is shall be subject
  180  to the provisions of s. 121.122. If such person is deemed
  181  retired by the state board, any joint and several liability set
  182  out in s. 121.091(9)(c)2. becomes null and void, and the state
  183  board, the department of Management Services, or the employing
  184  agency is not liable for gains on payroll contributions that
  185  have not been deposited to the person’s account in the Public
  186  Employee Optional retirement program, pending resolution of the
  187  invalid distribution. The member or former member who has been
  188  deemed retired or who has been determined by the board to have
  189  taken an invalid distribution may appeal the agency decision
  190  through the complaint process as provided under s.
  191  121.4501(9)(g)3. s. 121.4501(9)(f)3. As used in this
  192  subparagraph, the term “invalid distribution” means any
  193  distribution from an account in the Public Employee optional
  194  retirement program which is taken in violation of the provisions
  195  of this section, s. 121.091(9), or s. 121.4501.
  196         Section 3. Paragraph (c) of subsection (4) and paragraph
  197  (a) of subsection (8) of section 175.032, Florida Statutes, are
  198  amended to read:
  199         175.032 Definitions.—For any municipality, special fire
  200  control district, chapter plan, local law municipality, local
  201  law special fire control district, or local law plan under this
  202  chapter, the following words and phrases have the following
  203  meanings:
  204         (4) “Creditable service” or “credited service” means the
  205  aggregate number of years of service, and fractional parts of
  206  years of service, of any firefighter, omitting intervening years
  207  and fractional parts of years when such firefighter may not have
  208  been employed by the municipality or special fire control
  209  district, subject to the following conditions:
  210         (c) Credited service under this chapter shall be provided
  211  only for service as a firefighter, as defined in subsection (8),
  212  or for military service and does shall not include credit for
  213  any other type of service. A municipality may, by local
  214  ordinance, or a special fire control district may, by
  215  resolution, provide for the purchase of credit for military
  216  service prior to employment as well as for prior service as a
  217  firefighter for some other employer as long as a firefighter is
  218  not entitled to receive a benefit for such other prior service
  219  as a firefighter. For purposes of determining credit for prior
  220  service as a firefighter, in addition to service as a
  221  firefighter in this state, credit may be given for federal,
  222  other state, or county service if the prior service is
  223  recognized by the Division of State Fire Marshal as provided
  224  under chapter 633, or the firefighter provides proof to the
  225  board of trustees that his or her service is equivalent to the
  226  service required to meet the definition of a firefighter under
  227  subsection (8).
  228         (8)(a) “Firefighter” means any person employed solely by a
  229  constituted fire department of any municipality or special fire
  230  control district who is certified as a firefighter as a
  231  condition of employment in accordance with the provisions of s.
  232  633.35 and whose duty it is to extinguish fires, to protect
  233  life, or to protect property. The term includes all certified,
  234  supervisory, and command personnel whose duties include, in
  235  whole or in part, the supervision, training, guidance, and
  236  management responsibilities of full-time firefighters, part-time
  237  firefighters, or auxiliary firefighters but does not include
  238  part-time firefighters or auxiliary firefighters. However, for
  239  purposes of this chapter only, the term “firefighter” also
  240  includes public safety officers who are responsible for
  241  performing both police and fire services, who are certified as
  242  police officers or firefighters, and who are certified by their
  243  employers to the Chief Financial Officer as participating in
  244  this chapter before prior to October 1, 1979. Effective October
  245  1, 1979, public safety officers who have not been certified as
  246  participating in this chapter are shall be considered police
  247  officers for retirement purposes and are shall be eligible to
  248  participate in chapter 185. Any plan may provide that the fire
  249  chief has shall have an option to participate, or not, in that
  250  plan.
  251         Section 4. Paragraph (a) of subsection (1) and subsection
  252  (7) of section 175.061, Florida Statutes, are amended to read:
  253         175.061 Board of trustees; members; terms of office;
  254  meetings; legal entity; costs; attorney’s fees.—For any
  255  municipality, special fire control district, chapter plan, local
  256  law municipality, local law special fire control district, or
  257  local law plan under this chapter:
  258         (1) In each municipality and in each special fire control
  259  district there is hereby created a board of trustees of the
  260  firefighters’ pension trust fund, which shall be solely
  261  responsible for administering the trust fund. Effective October
  262  1, 1986, and thereafter:
  263         (a) The membership of the board of trustees for a chapter
  264  plan consists shall consist of five members, two of whom, unless
  265  otherwise prohibited by law, must shall be legal residents of
  266  the municipality or special fire control district and must, who
  267  shall be appointed by the governing body of the municipality or
  268  special fire control district, and two of whom must shall be
  269  full-time firefighters as defined in s. 175.032 who are shall be
  270  elected by a majority of the active firefighters who are members
  271  of such plan. With respect to any chapter plan or local law plan
  272  that, on January 1, 1997, allowed retired firefighters to vote
  273  in such elections, retirees may continue to vote in such
  274  elections. The fifth member shall be chosen by a majority of the
  275  previous four members as provided for herein, and such person’s
  276  name shall be submitted to the governing body of the
  277  municipality or special fire control district. Upon receipt of
  278  the fifth person’s name, the governing body of the municipality
  279  or special fire control district shall, as a ministerial duty,
  280  appoint such person to the board of trustees as its fifth
  281  member. The fifth member shall have the same rights as each of
  282  the other four members appointed or elected as herein provided,
  283  shall serve as trustee for a period of 2 years, and may succeed
  284  himself or herself in office. Each resident member shall serve
  285  as trustee for a period of 2 years, unless sooner replaced by
  286  the governing body at whose pleasure he or she serves shall
  287  serve, and may succeed himself or herself as a trustee. Each
  288  firefighter member shall serve as trustee for a period of 2
  289  years, unless he or she sooner leaves the employment of the
  290  municipality or special fire control district as a firefighter,
  291  whereupon a successor shall be chosen in the same manner as an
  292  original appointment. Each firefighter may succeed himself or
  293  herself in office. The terms of office of the appointed and
  294  elected members may be amended by municipal ordinance, special
  295  act of the Legislature, or resolution adopted by the governing
  296  body of the special fire control district to extend the terms
  297  from 2 years to 4 years. The length of the terms of office shall
  298  be the same for all board members.
  299         (7) The board of trustees may, upon written request of by
  300  the retiree of the plan, or by a dependent, if when authorized
  301  by the retiree or the retiree’s beneficiary, authorize the plan
  302  administrator to withhold from the monthly retirement payment
  303  those funds that are necessary to pay for the benefits being
  304  received through the governmental entity from which the employee
  305  retired, to pay the certified bargaining agent of the
  306  governmental entity, and to make any payments for child support
  307  or alimony. Upon the written request of the retiree of the plan,
  308  the board may also authorize the plan administrator to withhold
  309  from the retirement payment those funds necessary to pay for
  310  premiums for accident, health, and long-term care insurance for
  311  the retiree and the retiree’s spouse and dependents. A
  312  retirement plan does not incur liability for participation in
  313  this permissive program if its actions are taken in good faith.
  314         Section 5. Subsection (1) of section 175.071, Florida
  315  Statutes, is amended and subsection (8) is added to that
  316  section, to read:
  317         175.071 General powers and duties of board of trustees.—For
  318  any municipality, special fire control district, chapter plan,
  319  local law municipality, local law special fire control district,
  320  or local law plan under this chapter:
  321         (1) The board of trustees, subject to the fiduciary
  322  standards in ss. 112.656, 112.661, and 518.11 and the Code of
  323  Ethics in ss. 112.311-112.3187, may:
  324         (a) Invest and reinvest the assets of the firefighters’
  325  pension trust fund in annuity and life insurance contracts of
  326  life insurance companies in amounts sufficient to provide, in
  327  whole or in part, the benefits to which all of the participants
  328  in the firefighters’ pension trust fund are shall be entitled
  329  under the provisions of this chapter and pay the initial and
  330  subsequent premiums thereon.
  331         (b) Invest and reinvest the assets of the firefighters’
  332  pension trust fund in:
  333         1. Time or savings accounts of a national bank, a state
  334  bank insured by the Bank Insurance Fund, or a savings, building,
  335  and loan association insured by the Savings Association
  336  Insurance Fund which is administered by the Federal Deposit
  337  Insurance Corporation or a state or federal chartered credit
  338  union whose share accounts are insured by the National Credit
  339  Union Share Insurance Fund.
  340         2. Obligations of the United States or obligations
  341  guaranteed as to principal and interest by the government of the
  342  United States.
  343         3. Bonds issued by the State of Israel.
  344         4. Bonds, stocks, or other evidences of indebtedness issued
  345  or guaranteed by a corporation organized under the laws of the
  346  United States, any state or organized territory of the United
  347  States, or the District of Columbia, if provided:
  348         a. The corporation is listed on any one or more of the
  349  recognized national stock exchanges or on the National Market
  350  System of the NASDAQ Stock Market and, in the case of bonds
  351  only, holds a rating in one of the three highest classifications
  352  by a major rating service; and
  353         b. The board of trustees may shall not invest more than 5
  354  percent of its assets in the common stock or capital stock of
  355  any one issuing company, nor may shall the aggregate investment
  356  in any one issuing company exceed 5 percent of the outstanding
  357  capital stock of that company or the aggregate of its
  358  investments under this subparagraph at cost exceed 50 percent of
  359  the assets of the fund.
  360  
  361  This paragraph applies shall apply to all boards of trustees and
  362  participants. However, if in the event that a municipality or
  363  special fire control district has a duly enacted pension plan
  364  pursuant to, and in compliance with, s. 175.351, and the
  365  trustees thereof desire to vary the investment procedures
  366  herein, the trustees of such plan must shall request a variance
  367  of the investment procedures as outlined herein only through a
  368  municipal ordinance, special act of the Legislature, or
  369  resolution by the governing body of the special fire control
  370  district; if where a special act, or a municipality by ordinance
  371  adopted before prior to July 1, 1998, permits a greater than 50
  372  percent equity investment, such municipality is shall not be
  373  required to comply with the aggregate equity investment
  374  provisions of this paragraph. Notwithstanding any other
  375  provision of law to the contrary, nothing in this section may
  376  not be construed to take away any preexisting legal authority to
  377  make equity investments that exceed the requirements of this
  378  paragraph. Notwithstanding any other provision of law, the board
  379  of trustees may invest up to 25 10 percent of plan assets in
  380  foreign securities on a market-value basis. The investment cap
  381  on foreign securities may not be revised, amended, increased, or
  382  repealed except as provided by general law.
  383         (c) Issue drafts upon the firefighters’ pension trust fund
  384  pursuant to this act and rules and regulations prescribed by the
  385  board of trustees. All such drafts must shall be consecutively
  386  numbered, be signed by the chair and secretary, or by two
  387  individuals designated by the board who are subject to the same
  388  fiduciary standards as the board of trustees under this
  389  subsection, and state upon their faces the purpose for which the
  390  drafts are drawn. The treasurer or depository of each
  391  municipality or special fire control district shall retain such
  392  drafts when paid, as permanent vouchers for disbursements made,
  393  and no money may shall be otherwise drawn from the fund.
  394         (d) Convert into cash any securities of the fund.
  395         (e) Keep a complete record of all receipts and
  396  disbursements and of the board’s acts and proceedings.
  397         (8)Notwithstanding paragraph (1)(b) and as provided in s.
  398  215.473, the board of trustees must identify and publicly report
  399  any direct or indirect holdings it may have in any scrutinized
  400  company, as defined in that section, and proceed to sell,
  401  redeem, divest, or withdraw all publicly traded securities it
  402  may have in that company beginning January 1, 2010. The
  403  divestiture of any such security must be completed by September
  404  30, 2010. The board and its named officers or investment
  405  advisors may not be deemed to have breached their fiduciary duty
  406  in any action taken to dispose of any such security, and the
  407  board shall have satisfactorily discharged the fiduciary duties
  408  of loyalty, prudence, and sole and exclusive benefit to the
  409  participants of the pension fund and their beneficiaries if the
  410  actions it takes are consistent with the duties imposed by s.
  411  215.473, and the manner of the disposition, if any, is
  412  reasonable as to the means chosen. For the purposes of effecting
  413  compliance with that section, the pension fund shall designate
  414  terror-free plans that allocate their funds among securities not
  415  subject to divestiture. No person may bring any civil, criminal,
  416  or administrative action against the board of trustees or any
  417  employee, officer, director, or advisor of such pension fund
  418  based upon the divestiture of any security pursuant to this
  419  paragraph.
  420         Section 6. Subsection (1) of section 175.101, Florida
  421  Statutes, is amended to read:
  422         175.101 State excise tax on property insurance premiums
  423  authorized; procedure.—For any municipality, special fire
  424  control district, chapter plan, local law municipality, local
  425  law special fire control district, or local law plan under this
  426  chapter:
  427         (1) Each municipality or special fire control district in
  428  this state described and classified in s. 175.041, having a
  429  lawfully established firefighters’ pension trust fund or
  430  municipal fund or special fire control district fund, by
  431  whatever name known, providing pension benefits to firefighters
  432  as provided under this chapter, may assess and impose on every
  433  insurance company, corporation, or other insurer now engaged in
  434  or carrying on, or who shall hereinafter engage in or carry on,
  435  the business of property insurance as shown by the records of
  436  the Office of Insurance Regulation of the Financial Services
  437  Commission, an excise tax in addition to any lawful license or
  438  excise tax now levied by each of the municipalities or special
  439  fire control districts, respectively, amounting to 1.85 percent
  440  of the gross amount of receipts of premiums from policyholders
  441  on all premiums collected on property insurance policies
  442  covering property within the corporate limits of such
  443  municipalities or within the legally defined boundaries of
  444  special fire control districts, respectively. Whenever the
  445  boundaries of a special fire control district that has lawfully
  446  established a firefighters’ pension trust fund encompass a
  447  portion of the corporate territory of a municipality that has
  448  also lawfully established a firefighters’ pension trust fund,
  449  that portion of the tax receipts attributable to insurance
  450  policies covering property situated both within the municipality
  451  and the special fire control district shall be given to the fire
  452  service provider. For the purpose of this section, the
  453  boundaries of a special fire control district include an area
  454  that has been annexed until the completion of the 4-year period
  455  provided for in s. 171.093(4), or other agreed-upon extension,
  456  or if a special fire control district is providing services
  457  under an interlocal agreement executed in accordance with s.
  458  171.093(3). The agent shall identify the fire service provider
  459  on the property owner’s application for insurance. Remaining
  460  revenues collected pursuant to this chapter shall be distributed
  461  to the municipality or special fire control district according
  462  to the location of the insured property.
  463  
  464  This section also applies to any municipality consisting of a
  465  single consolidated government which is made up of a former
  466  county and one or more municipalities, consolidated pursuant to
  467  the authority in s. 3 or s. 6(e), Art. VIII of the State
  468  Constitution, and to property insurance policies covering
  469  property within the boundaries of the consolidated government,
  470  regardless of whether the properties are located within one or
  471  more separately incorporated areas within the consolidated
  472  government, provided the properties are being provided fire
  473  protection services by the consolidated government. This section
  474  also applies to any municipality, as provided in s.
  475  175.041(3)(c), which has entered into an interlocal agreement to
  476  receive fire protection services from another municipality
  477  participating under this chapter. The excise tax may be levied
  478  on all premiums collected on property insurance policies
  479  covering property located within the corporate limits of the
  480  municipality receiving the fire protection services, but will be
  481  available for distribution to the municipality providing the
  482  fire protection services.
  483         Section 7. Paragraphs (b) and (c) of subsection (1) and
  484  paragraph (b) of subsection (2) of section 175.171, Florida
  485  Statutes, are amended to read:
  486         175.171 Optional forms of retirement income.—For any
  487  municipality, special fire control district, chapter plan, local
  488  law municipality, local law special fire control district, or
  489  local law plan under this chapter:
  490         (1) In lieu of the amount and form of retirement income
  491  payable in the event of normal or early retirement as specified
  492  in s. 175.162, a firefighter, upon written request to the board
  493  of trustees and subject to the approval of the board of
  494  trustees, may elect to receive a retirement income or benefit of
  495  equivalent actuarial value payable in accordance with one of the
  496  following options:
  497         (b) A retirement income of a modified monthly amount,
  498  payable to the firefighter during the joint lifetime of the
  499  firefighter and a joint annuitant pensioner designated by the
  500  firefighter, and following the death of either of them, 100
  501  percent, 75 percent, 66 2/3 percent, or 50 percent of such
  502  monthly amounts payable to the survivor for the lifetime of the
  503  survivor.
  504         (c) Such other amount and form of retirement payments or
  505  benefits as, in the opinion of the board of trustees, will best
  506  meet the circumstances of the retiring firefighter.
  507         1. The firefighter upon electing any option of this section
  508  must will designate the joint annuitant pensioner or beneficiary
  509  (or beneficiaries) to receive the benefit, if any, payable under
  510  the plan in the event of his or her death, and may will have the
  511  power to change such designation from time to time, but any such
  512  change shall be deemed a new election and is will be subject to
  513  approval by the board of trustees. Such designation must will
  514  name a joint annuitant pensioner or one or more primary
  515  beneficiaries where applicable. If a firefighter has elected an
  516  option with a joint annuitant pensioner or beneficiary and his
  517  or her retirement income benefits have commenced, the
  518  firefighter may thereafter change the designated joint annuitant
  519  pensioner or beneficiary, but only if the board of trustees
  520  consents to such change and if the joint annuitant pensioner
  521  last previously designated by the firefighter is alive when the
  522  firefighter files with the board of trustees a request for such
  523  change.
  524         2. The consent of a firefighter’s joint annuitant pensioner
  525  or beneficiary to any such change is shall not be required.
  526         3. The board of trustees may request such evidence of the
  527  good health of the joint annuitant pensioner that is being
  528  removed as it may require and the amount of the retirement
  529  income payable to the firefighter upon designation of a new
  530  joint annuitant pensioner shall be actuarially redetermined
  531  taking into account the age and gender sex of the former joint
  532  annuitant pensioner, the new joint annuitant pensioner, and the
  533  firefighter. Each such designation must will be made in writing
  534  on a form prepared by the board of trustees and on completion
  535  will be filed with the board of trustees. If In the event that
  536  no designated beneficiary survives the firefighter, such
  537  benefits as are payable in the event of the death of the
  538  firefighter subsequent to his or her retirement shall be paid as
  539  provided in s. 175.181.
  540         4.Notwithstanding the provisions of this paragraph, a
  541  retired firefighter may change his or her designation of joint
  542  annuitant or beneficiary up to two times as provided in s.
  543  175.333 without the approval of the board of trustees or the
  544  current joint annuitant or beneficiary. The retiree is not
  545  required to provide proof of the good health of the joint
  546  annuitant or beneficiary being removed, and the joint annuitant
  547  or beneficiary being removed need not be living.
  548         (2) Retirement income payments shall be made under the
  549  option elected in accordance with the provisions of this section
  550  and shall be subject to the following limitations:
  551         (b) If the designated beneficiary (or beneficiaries) or
  552  joint annuitant pensioner dies before the firefighter’s
  553  retirement under the plan, the option elected is will be
  554  canceled automatically and a retirement income of the normal
  555  form and amount is will be payable to the firefighter upon
  556  retirement as if the election had not been made, unless a new
  557  election is made in accordance with the provisions of this
  558  section or a new beneficiary is designated by the firefighter
  559  before prior to retirement and within 90 days after the death of
  560  the beneficiary.
  561         Section 8. Section 175.361, Florida Statutes, is amended to
  562  read:
  563         175.361 Termination of plan and distribution of fund.—For
  564  any municipality, special fire control district, chapter plan,
  565  local law municipality, local law special fire control district,
  566  or local law plan under this chapter, the plan may be terminated
  567  by the municipality or special fire control district. Upon
  568  termination of the plan by the municipality or special fire
  569  control district for any reason or because of a transfer,
  570  merger, or consolidation of governmental units, services, or
  571  functions as provided in chapter 121, or upon written notice by
  572  the municipality or special fire control district to the board
  573  of trustees that contributions under the plan are being
  574  permanently discontinued, the rights of all employees to
  575  benefits accrued to the date of such termination and the amounts
  576  credited to the employees’ accounts are nonforfeitable. The fund
  577  shall be apportioned and distributed in accordance with the
  578  following procedures:
  579         (1) The board of trustees shall determine the date of
  580  distribution and the asset value required to fund all the
  581  nonforfeitable benefits to be distributed, after taking into
  582  account the expenses of such distribution. The board shall
  583  inform the municipality or special fire control district if
  584  additional assets are required, in which event the municipality
  585  or special fire control district shall continue to financially
  586  support the plan until all nonforfeitable benefits have been
  587  funded.
  588         (2) The board of trustees shall determine the method of
  589  distribution of the asset value, that is, whether distribution
  590  shall be by payment in cash, by the maintenance of another or
  591  substituted trust fund, by the purchase of insured annuities, or
  592  otherwise, for each firefighter entitled to benefits under the
  593  plan as specified in subsection (3).
  594         (3) The board of trustees shall distribute apportion the
  595  asset value as of the date of termination in the manner set
  596  forth in this subsection, on the basis that the amount required
  597  to provide any given retirement income is shall mean the
  598  actuarially computed single-sum value of such retirement income,
  599  except that if the method of distribution determined under
  600  subsection (2) involves the purchase of an insured annuity, the
  601  amount required to provide the given retirement income is shall
  602  mean the single premium payable for such annuity. The actuarial
  603  single-sum value may not be less than the employee’s accumulated
  604  contributions to the plan, with interest if provided by the
  605  plan, less the value of any plan benefits previously paid to the
  606  employee.
  607         (a)Apportionment shall first be made in respect of each
  608  retired firefighter receiving a retirement income hereunder on
  609  such date, each person receiving a retirement income on such
  610  date on account of a retired (but since deceased) firefighter,
  611  and each firefighter who has, by such date, become eligible for
  612  normal retirement but has not yet retired, in the amount
  613  required to provide such retirement income, provided that, if
  614  such asset value is less than the aggregate of such amounts,
  615  such amounts shall be proportionately reduced so that the
  616  aggregate of such reduced amounts will be equal to such asset
  617  value.
  618         (b)If there is any asset value remaining after the
  619  apportionment under paragraph (a), apportionment shall next be
  620  made in respect of each firefighter in the service of the
  621  municipality or special fire control district on such date who
  622  has completed at least 10 years of credited service, in the
  623  firefighters’ pension trust fund for at least 10 years, and who
  624  is not entitled to an apportionment under paragraph (a), in the
  625  amount required to provide the actuarial equivalent of the
  626  accrued normal retirement income, based on the firefighter’s
  627  credited service and earnings to such date, and each former
  628  participant then entitled to a benefit under the provisions of
  629  s. 175.211 who has not by such date reached his or her normal
  630  retirement date, in the amount required to provide the actuarial
  631  equivalent of the accrued normal retirement income to which he
  632  or she is entitled under s. 175.211; provided that, if such
  633  remaining asset value is less than the aggregate of the amounts
  634  apportioned hereunder, such latter amounts shall be
  635  proportionately reduced so that the aggregate of such reduced
  636  amounts will be equal to such remaining asset value.
  637         (c)If there is any asset value after the apportionments
  638  under paragraphs (a) and (b), apportionment shall lastly be made
  639  in respect of each firefighter in the service of the
  640  municipality or special fire control district on such date who
  641  is not entitled to an apportionment under paragraphs (a) and (b)
  642  in the amount equal to the firefighter’s total contributions to
  643  the plan to date of termination; provided that, if such
  644  remaining asset value is less than the aggregate of the amounts
  645  apportioned hereunder, such latter amounts shall be
  646  proportionately reduced so that the aggregate of such reduced
  647  amounts will be equal to such remaining asset value.
  648         (4)(d)If In the event that there is asset value remaining
  649  after the full distribution apportionment specified in
  650  subsection (3), and after the payment of any expenses incurred
  651  with such distribution paragraphs (a), (b), and (c), such excess
  652  shall be returned to the municipality or special fire control
  653  district, less return to the state of the state’s contributions,
  654  provided that, if the excess is less than the total
  655  contributions made by the municipality or special fire control
  656  district and the state to date of termination of the plan, such
  657  excess shall be divided proportionately to the total
  658  contributions made by the municipality or special fire control
  659  district and the state.
  660         (5)(4) The board of trustees shall distribute, in
  661  accordance with the manner of distribution determined under
  662  subsection (2), the amounts determined apportioned under
  663  subsection (3).
  664  
  665  If, after a period of 24 months after the date on which the plan
  666  terminated or the date on which the board received written
  667  notice that the contributions thereunder were being permanently
  668  discontinued, the municipality or special fire control district
  669  or the board of trustees of the firefighters’ pension trust fund
  670  affected has not complied with all the provisions in this
  671  section, the Department of Management Services division shall
  672  effect the termination of the fund in accordance with this
  673  section.
  674         Section 9. Paragraph (c) of subsection (5) of section
  675  185.02, Florida Statutes, is amended to read:
  676         185.02 Definitions.—For any municipality, chapter plan,
  677  local law municipality, or local law plan under this chapter,
  678  the following words and phrases as used in this chapter shall
  679  have the following meanings, unless a different meaning is
  680  plainly required by the context:
  681         (5) “Creditable service” or “credited service” means the
  682  aggregate number of years of service and fractional parts of
  683  years of service of any police officer, omitting intervening
  684  years and fractional parts of years when such police officer may
  685  not have been employed by the municipality subject to the
  686  following conditions:
  687         (c) Credited service under this chapter shall be provided
  688  only for service as a police officer, as defined in subsection
  689  (11), or for military service and may shall not include credit
  690  for any other type of service. A municipality may, by local
  691  ordinance, provide for the purchase of credit for military
  692  service occurring before prior to employment as well as prior
  693  service as a police officer for some other employer as long as
  694  the police officer is not entitled to receive a benefit for such
  695  other prior service as a police officer. For purposes of
  696  determining credit for prior service, in addition to service as
  697  a police officer in this state, credit may be given for federal,
  698  other state, or county service as long as such service is
  699  recognized by the Criminal Justice Standards and Training
  700  Commission within the Department of Law Enforcement as provided
  701  under chapter 943 or the police officer provides proof to the
  702  board of trustees that such service is equivalent to the service
  703  required to meet the definition of a police officer under
  704  subsection (11).
  705         Section 10. Paragraph (a) of subsection (1) and subsection
  706  (6) of section 185.05, Florida Statutes, are amended to read:
  707         185.05 Board of trustees; members; terms of office;
  708  meetings; legal entity; costs; attorney’s fees.—For any
  709  municipality, chapter plan, local law municipality, or local law
  710  plan under this chapter:
  711         (1) In each municipality described in s. 185.03 there is
  712  hereby created a board of trustees of the municipal police
  713  officers’ retirement trust fund, which shall be solely
  714  responsible for administering the trust fund. Effective October
  715  1, 1986, and thereafter:
  716         (a) The membership of the board of trustees for chapter
  717  plans consists shall consist of five members, two of whom,
  718  unless otherwise prohibited by law, must shall be legal
  719  residents of the municipality and must, who shall be appointed
  720  by the legislative body of the municipality, and two of whom
  721  must shall be police officers as defined in s. 185.02 who are
  722  shall be elected by a majority of the active police officers who
  723  are members of such plan. With respect to any chapter plan or
  724  local law plan that, on January 1, 1997, allowed retired police
  725  officers to vote in such elections, retirees may continue to
  726  vote in such elections. The fifth member shall be chosen by a
  727  majority of the previous four members, and such person’s name
  728  shall be submitted to the legislative body of the municipality.
  729  Upon receipt of the fifth person’s name, the legislative body of
  730  the municipality shall, as a ministerial duty, appoint such
  731  person to the board of trustees as its fifth member. The fifth
  732  member shall have the same rights as each of the other four
  733  members appointed or elected as herein provided, shall serve as
  734  trustee for a period of 2 years, and may succeed himself or
  735  herself in office. Each resident member shall serve as trustee
  736  for a period of 2 years, unless sooner replaced by the
  737  legislative body at whose pleasure the member serves shall
  738  serve, and may succeed himself or herself as a trustee. Each
  739  police officer member shall serve as trustee for a period of 2
  740  years, unless he or she sooner leaves the employment of the
  741  municipality as a police officer, whereupon the legislative body
  742  of the municipality shall choose a successor shall be chosen in
  743  the same manner as an original appointment. Each police officer
  744  may succeed himself or herself in office. The terms of office of
  745  the appointed and elected members of the board of trustees may
  746  be amended by municipal ordinance or special act of the
  747  Legislature to extend the terms from 2 years to 4 years. The
  748  length of the terms of office shall be the same for all board
  749  members.
  750         (6) The board of trustees may, upon written request by the
  751  retiree of the plan, or by a dependent, if when authorized by
  752  the retiree or the retiree’s beneficiary, authorize the plan
  753  administrator to withhold from the monthly retirement payment
  754  those funds that are necessary to pay for the benefits being
  755  received through the governmental entity from which the employee
  756  retired, to pay the certified bargaining agent of the
  757  governmental entity, and to make any payments for child support
  758  or alimony. Upon the written request of the retiree of the plan,
  759  the board of trustees may also authorize the plan administrator
  760  to withhold from the retirement payment those funds necessary to
  761  pay for premiums for accident, health, and long-term care
  762  insurance for the retiree and the retiree’s spouse and
  763  dependents. A retirement plan does not incur liability for
  764  participation in this permissive program if its actions are
  765  taken in good faith.
  766         Section 11. Subsection (1) of section 185.06, Florida
  767  Statutes, is amended and subsection (7) is added to that
  768  section, to read:
  769         185.06 General powers and duties of board of trustees.—For
  770  any municipality, chapter plan, local law municipality, or local
  771  law plan under this chapter:
  772         (1) The board of trustees, subject to the fiduciary
  773  standards in ss. 112.656, 112.661, and 518.11 and the Code of
  774  Ethics in ss. 112.311-112.3187, may:
  775         (a) Invest and reinvest the assets of the retirement trust
  776  fund in annuity and life insurance contracts of life insurance
  777  companies in amounts sufficient to provide, in whole or in part,
  778  the benefits to which all of the participants in the municipal
  779  police officers’ retirement trust fund are shall be entitled
  780  under the provisions of this chapter, and pay the initial and
  781  subsequent premiums thereon.
  782         (b) Invest and reinvest the assets of the retirement trust
  783  fund in:
  784         1. Time or savings accounts of a national bank, a state
  785  bank insured by the Bank Insurance Fund, or a savings and loan
  786  association insured by the Savings Association Insurance Fund
  787  which is administered by the Federal Deposit Insurance
  788  Corporation or a state or federal chartered credit union whose
  789  share accounts are insured by the National Credit Union Share
  790  Insurance Fund.
  791         2. Obligations of the United States or obligations
  792  guaranteed as to principal and interest by the United States.
  793         3. Bonds issued by the State of Israel.
  794         4. Bonds, stocks, or other evidences of indebtedness issued
  795  or guaranteed by a corporation organized under the laws of the
  796  United States, any state or organized territory of the United
  797  States, or the District of Columbia, provided:
  798         a. The corporation is listed on any one or more of the
  799  recognized national stock exchanges or on the National Market
  800  System of the NASDAQ Stock Market and, in the case of bonds
  801  only, holds a rating in one of the three highest classifications
  802  by a major rating service; and
  803         b. The board of trustees may shall not invest more than 5
  804  percent of its assets in the common stock or capital stock of
  805  any one issuing company, nor shall the aggregate investment in
  806  any one issuing company exceed 5 percent of the outstanding
  807  capital stock of the company or the aggregate of its investments
  808  under this subparagraph at cost exceed 50 percent of the fund’s
  809  assets.
  810  
  811  This paragraph applies shall apply to all boards of trustees and
  812  participants. However, if in the event that a municipality has a
  813  duly enacted pension plan pursuant to, and in compliance with,
  814  s. 185.35 and the trustees thereof desire to vary the investment
  815  procedures herein, the trustees of such plan shall request a
  816  variance of the investment procedures as outlined herein only
  817  through a municipal ordinance or special act of the Legislature;
  818  if where a special act, or a municipality by ordinance adopted
  819  before prior to July 1, 1998, permits a greater than 50-percent
  820  equity investment, such municipality is shall not be required to
  821  comply with the aggregate equity investment provisions of this
  822  paragraph. Notwithstanding any other provision of law to the
  823  contrary, nothing in this section may not be construed to take
  824  away any preexisting legal authority to make equity investments
  825  that exceed the requirements of this paragraph. Notwithstanding
  826  any other provision of law, the board of trustees may invest up
  827  to 25 10 percent of plan assets in foreign securities on a
  828  market-value basis. The investment cap on foreign securities may
  829  not be revised, amended, repealed, or increased except as
  830  provided by general law.
  831         (c) Issue drafts upon the municipal police officers’
  832  retirement trust fund pursuant to this act and rules and
  833  regulations prescribed by the board of trustees. All such drafts
  834  shall be consecutively numbered, be signed by the chair and
  835  secretary or by two individuals designated by the board who are
  836  subject to the same fiduciary standards as the board of trustees
  837  under this subsection, and state upon their faces the purposes
  838  for which the drafts are drawn. The city treasurer or other
  839  depository shall retain such drafts when paid, as permanent
  840  vouchers for disbursements made, and no money may shall
  841  otherwise be drawn from the fund.
  842         (d) Finally decide all claims to relief under the board’s
  843  rules and regulations and pursuant to the provisions of this
  844  act.
  845         (e) Convert into cash any securities of the fund.
  846         (f) Keep a complete record of all receipts and
  847  disbursements and of the board’s acts and proceedings.
  848         (7)Notwithstanding paragraph (1)(b) and as provided in s.
  849  215.473, the board of trustees must identify and publicly report
  850  any direct or indirect holdings it may have in any scrutinized
  851  company, as defined in that section, and proceed to sell,
  852  redeem, divest, or withdraw all publicly traded securities it
  853  may have in that company beginning January 1, 2010. The
  854  divestiture of any such security must be completed by September
  855  10, 2010. The board and its named officers or investment
  856  advisors may not be deemed to have breached their fiduciary duty
  857  in any action taken to dispose of any such security, and the
  858  board shall have satisfactorily discharged the fiduciary duties
  859  of loyalty, prudence, and sole and exclusive benefit to the
  860  participants of the pension fund and their beneficiaries if the
  861  actions it takes are consistent with the duties imposed by s.
  862  215.473, and the manner of the disposition, if any, is
  863  reasonable as to the means chosen. For the purposes of effecting
  864  compliance with that section, the pension fund shall designate
  865  terror-free plans that allocate their funds among securities not
  866  subject to divestiture. No person may bring any civil, criminal,
  867  or administrative action against the board of trustees or any
  868  employee, officer, director, or advisor of such pension fund
  869  based upon the divestiture of any security pursuant to this
  870  paragraph.
  871         Section 12. Subsection (1) and paragraph (b) of subsection
  872  (2) of section 185.161, Florida Statutes, are amended to read:
  873         185.161 Optional forms of retirement income.—For any
  874  municipality, chapter plan, local law municipality, or local law
  875  plan under this chapter:
  876         (1)(a) In lieu of the amount and form of retirement income
  877  payable in the event of normal or early retirement as specified
  878  in s. 185.16, a police officer, upon written request to the
  879  board of trustees and subject to the approval of the board of
  880  trustees, may elect to receive a retirement income or benefit of
  881  equivalent actuarial value payable in accordance with one of the
  882  following options:
  883         1. A retirement income of larger monthly amount, payable to
  884  the police officer for his or her lifetime only.
  885         2. A retirement income of a modified monthly amount,
  886  payable to the police officer during the joint lifetime of the
  887  police officer and a joint annuitant pensioner designated by the
  888  police officer, and following the death of either of them, 100
  889  percent, 75 percent, 66 2/3 percent, or 50 percent of such
  890  monthly amount payable to the survivor for the lifetime of the
  891  survivor.
  892         3. Such other amount and form of retirement payments or
  893  benefit as, in the opinion of the board of trustees, will best
  894  meet the circumstances of the retiring police officer.
  895         (b) The police officer upon electing any option of this
  896  section must will designate the joint annuitant pensioner or
  897  beneficiary (or beneficiaries) to receive the benefit, if any,
  898  payable under the plan in the event of the police officer’s
  899  death, and may will have the power to change such designation
  900  from time to time but any such change shall be deemed a new
  901  election and is will be subject to approval by the pension
  902  committee. Such designation must will name a joint annuitant
  903  pensioner or one or more primary beneficiaries where applicable.
  904  If a police officer has elected an option with a joint annuitant
  905  pensioner or beneficiary and his or her retirement income
  906  benefits have commenced, he or she may thereafter change the
  907  designated joint annuitant pensioner or beneficiary but only if
  908  the board of trustees consents to such change and if the joint
  909  annuitant pensioner last previously designated by the police
  910  officer is alive when he or she files with the board of trustees
  911  a request for such change. The consent of a police officer’s
  912  joint annuitant pensioner or beneficiary to any such change is
  913  shall not be required. The board of trustees may request such
  914  evidence of the good health of the joint annuitant pensioner
  915  that is being removed as it may require and the amount of the
  916  retirement income payable to the police officer upon the
  917  designation of a new joint annuitant pensioner shall be
  918  actuarially redetermined taking into account the ages and gender
  919  sex of the former joint annuitant pensioner, the new joint
  920  annuitant pensioner, and the police officer. Each such
  921  designation must will be made in writing on a form prepared by
  922  the board of trustees, and on completion will be filed with the
  923  board of trustees. If In the event that no designated
  924  beneficiary survives the police officer, such benefits as are
  925  payable in the event of the death of the police officer
  926  subsequent to his or her retirement shall be paid as provided in
  927  s. 185.162.
  928         (c)Notwithstanding paragraph (b), a retired police officer
  929  may change his or her designation of joint annuitant or
  930  beneficiary up to two times as provided in s. 185.341 without
  931  the approval of the board of trustees or the current joint
  932  annuitant or beneficiary. The retiree need not provide proof of
  933  the good health of the joint annuitant or beneficiary being
  934  removed, and the joint annuitant or beneficiary being removed
  935  need not be living.
  936         (2) Retirement income payments shall be made under the
  937  option elected in accordance with the provisions of this section
  938  and shall be subject to the following limitations:
  939         (b) If the designated beneficiary (or beneficiaries) or
  940  joint annuitant pensioner dies before the police officer’s
  941  retirement under the plan, the option elected is will be
  942  canceled automatically and a retirement income of the normal
  943  form and amount is will be payable to the police officer upon
  944  his or her retirement as if the election had not been made,
  945  unless a new election is made in accordance with the provisions
  946  of this section or a new beneficiary is designated by the police
  947  officer before prior to his or her retirement and within 90 days
  948  after the death of the beneficiary.
  949         Section 13. Section 185.37, Florida Statutes, is amended to
  950  read:
  951         185.37 Termination of plan and distribution of fund.—For
  952  any municipality, chapter plan, local law municipality, or local
  953  law plan under this chapter, the plan may be terminated by the
  954  municipality. Upon termination of the plan by the municipality
  955  for any reason, or because of a transfer, merger, or
  956  consolidation of governmental units, services, or functions as
  957  provided in chapter 121, or upon written notice to the board of
  958  trustees by the municipality that contributions under the plan
  959  are being permanently discontinued, the rights of all employees
  960  to benefits accrued to the date of such termination or
  961  discontinuance and the amounts credited to the employees’
  962  accounts are nonforfeitable. The fund shall be apportioned and
  963  distributed in accordance with the following procedures:
  964         (1) The board of trustees shall determine the date of
  965  distribution and the asset value required to fund all the
  966  nonforfeitable benefits to be distributed, after taking into
  967  account the expenses of such distribution. The board shall
  968  inform the municipality if additional assets are required, in
  969  which event the municipality shall continue to financially
  970  support the plan until all nonforfeitable benefits have been
  971  funded.
  972         (2) The board of trustees shall determine the method of
  973  distribution of the asset value, that is, whether distribution
  974  shall be by payment in cash, by the maintenance of another or
  975  substituted trust fund, by the purchase of insured annuities, or
  976  otherwise, for each police officer entitled to benefits under
  977  the plan, as specified in subsection (3).
  978         (3) The board of trustees shall distribute apportion the
  979  asset value as of the date of termination in the manner set
  980  forth in this subsection, on the basis that the amount required
  981  to provide any given retirement income is shall mean the
  982  actuarially computed single-sum value of such retirement income,
  983  except that if the method of distribution determined under
  984  subsection (2) involves the purchase of an insured annuity, the
  985  amount required to provide the given retirement income is shall
  986  mean the single premium payable for such annuity. The actuarial
  987  single-sum value may not be less than the employee’s accumulated
  988  contributions to the plan, with interest if provided by the
  989  plan, less the value of any plan benefits previously paid to the
  990  employee.
  991         (a)Apportionment shall first be made in respect of each
  992  retired police officer receiving a retirement income hereunder
  993  on such date, each person receiving a retirement income on such
  994  date on account of a retired (but since deceased) police
  995  officer, and each police officer who has, by such date, become
  996  eligible for normal retirement but has not yet retired, in the
  997  amount required to provide such retirement income, provided
  998  that, if such asset value is less than the aggregate of such
  999  amounts, such amounts shall be proportionately reduced so that
 1000  the aggregate of such reduced amounts will be equal to such
 1001  asset value.
 1002         (b)If there is any asset value remaining after the
 1003  apportionment under paragraph (a), apportionment shall next be
 1004  made in respect of each police officer in the service of the
 1005  municipality on such date who has completed at least 10 years of
 1006  credited service, in the municipal police officers’ retirement
 1007  trust fund for at least 10 years, and who is not entitled to an
 1008  apportionment under paragraph (a), in the amount required to
 1009  provide the actuarial equivalent of the accrued normal
 1010  retirement income, based on the police officer’s credited
 1011  service and earnings to such date, and each former participant
 1012  then entitled to a benefit under the provisions of s. 185.19 who
 1013  has not by such date reached his or her normal retirement date,
 1014  in the amount required to provide the actuarial equivalent of
 1015  the accrued normal retirement income to which he or she is
 1016  entitled under s. 185.19, provided that, if such remaining asset
 1017  value is less than the aggregate of the amounts apportioned
 1018  hereunder, such latter amounts shall be proportionately reduced
 1019  so that the aggregate of such reduced amounts will be equal to
 1020  such remaining asset value.
 1021         (c)If there is an asset value after the apportionments
 1022  under paragraphs (a) and (b), apportionment shall lastly be made
 1023  in respect of each police officer in the service of the
 1024  municipality on such date who is not entitled to an
 1025  apportionment under paragraphs (a) and (b) in the amount equal
 1026  to the police officer’s total contributions to the plan to date
 1027  of termination, provided that, if such remaining asset value is
 1028  less than the aggregate of the amounts apportioned hereunder,
 1029  such latter amounts shall be proportionately reduced so that the
 1030  aggregate of such reduced amounts will be equal to such
 1031  remaining asset value.
 1032         (4)(d)If In the event that there is asset value remaining
 1033  after the full distribution apportionment specified in
 1034  subsection (3), and after payment of any expenses incurred with
 1035  such distribution paragraphs (a), (b), and (c), such excess
 1036  shall be returned to the municipality, less return to the state
 1037  of the state’s contributions, provided that, if the excess is
 1038  less than the total contributions made by the municipality and
 1039  the state to date of termination of the plan, such excess shall
 1040  be divided proportionately to the total contributions made by
 1041  the municipality and the state.
 1042         (5)(4) The board of trustees shall distribute, in
 1043  accordance with the manner of distribution determined under
 1044  subsection (2), the amounts determined apportioned under
 1045  subsection (3).
 1046  
 1047  If, after a period of 24 months after the date on which the plan
 1048  terminated or the date on which the board received written
 1049  notice that the contributions thereunder were being permanently
 1050  discontinued, the municipality or the board of trustees of the
 1051  municipal police officers’ retirement trust fund affected has
 1052  not complied with all the provisions in this section, the
 1053  Department of Management Services division shall effect the
 1054  termination of the fund in accordance with this section.
 1055         Section 14. This act shall take effect July 1, 2009.