HB 673

1
A bill to be entitled
2An act relating to retirement; amending s. 121.0515, F.S.;
3authorizing certain employees to purchase the retirement
4credit for past service at a 3-percent Special Risk Class
5accrual value; amending ss. 175.041 and 175.371, F.S.;
6providing for continued receipt of premium taxes by plans
7established pursuant to chapter 175, F.S., after the
8transfer, merger, or consolidation of governmental
9functions or the plan sponsor's election to participate in
10another state retirement system; amending ss. 185.03 and
11185.38, F.S.; providing for continued receipt of premium
12taxes by plans established pursuant to chapter 185, F.S.,
13after the transfer, merger, or consolidation of
14governmental functions or the plan sponsor's election to
15participate in another state retirement system; providing
16a declaration of important state interest; providing an
17effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Subsection (5) of section 121.0515, Florida
22Statutes, is amended to read:
23     121.0515  Special risk membership.--
24     (5)  CREDIT FOR PAST SERVICE.--A special risk member may
25purchase retirement credit in the Special Risk Class based upon
26past service, and may upgrade retirement credit for such past
27service, to the extent of 3 2 percent of the member's average
28monthly compensation as specified in s. 121.091(1)(a) for such
29service as follows:
30     (a)  The member may purchase special risk credit for past
31service with a city or special district which has elected to
32join the Florida Retirement System, or with a participating
33agency to which a member's governmental unit was transferred,
34merged, or consolidated as provided in s. 121.081(1)(f), if the
35member was employed with the city or special district at the
36time it commenced participating in the Florida Retirement System
37or with the governmental unit at the time of its transfer,
38merger, or consolidation with the participating agency. The
39service must satisfy the criteria set forth in subsection (2)
40for special risk membership as a law enforcement officer, a
41firefighter, a or correctional officer, or an emergency medical
42technician or paramedic whose employer was a licensed advanced
43life support or basic life support provider; however, no
44certificate or waiver of certificate of compliance with s.
45943.1395 or s. 633.35 shall be required for such service.
46     (b)  Contributions for upgrading the additional special
47risk credit pursuant to this subsection shall be equal to the
48difference in the contributions paid and the special risk
49percentage rate of gross salary in effect at the time of
50purchase for the period being claimed, plus interest thereon at
51the rate of 4 percent a year compounded annually from the date
52of such service until July 1, 1975, and 6.5 percent a year
53thereafter until the date of payment. This past service may be
54purchased by the member or by the employer on behalf of the
55member.
56     Section 2.  Subsection (3) of section 175.041, Florida
57Statutes, is amended to read:
58     175.041  Firefighters' Pension Trust Fund created;
59applicability of provisions.--For any municipality, special fire
60control district, chapter plan, local law municipality, local
61law special fire control district, or local law plan under this
62chapter:
63     (3)  The provisions of this chapter shall apply only to
64municipalities organized and established pursuant to the laws of
65the state and to special fire control districts, and said
66provisions shall not apply to the unincorporated areas of any
67county or counties except with respect to special fire control
68districts that include unincorporated areas, nor shall the
69provisions hereof apply to any governmental entity whose
70firefighters are eligible to participate in the Florida
71Retirement System, except as provided in s. 175.371(2).
72     (a)  Special fire control districts that include, or
73consist exclusively of, unincorporated areas of one or more
74counties may levy and impose the tax and participate in the
75retirement programs enabled by this chapter.
76     (b)  With respect to the distribution of premium taxes, a
77single consolidated government consisting of a former county and
78one or more municipalities, consolidated pursuant to s. 3 or s.
796(e), Art. VIII of the State Constitution, is also eligible to
80participate under this chapter. The consolidated government
81shall notify the division when it has entered into an interlocal
82agreement to provide fire services to a municipality within its
83boundaries. The municipality may enact an ordinance levying the
84tax as provided in s. 175.101. Upon being provided copies of the
85interlocal agreement and the municipal ordinance levying the
86tax, the division may distribute any premium taxes reported for
87the municipality to the consolidated government as long as the
88interlocal agreement is in effect.
89     (c)  Any municipality that has entered into an interlocal
90agreement to provide fire protection services to any other
91incorporated municipality, in its entirety, for a period of 12
92months or more may be eligible to receive the premium taxes
93reported for such other municipality. In order to be eligible
94for such premium taxes, the municipality providing the fire
95services must notify the division that it has entered into an
96interlocal agreement with another municipality. The municipality
97receiving the fire services may enact an ordinance levying the
98tax as provided in s. 175.101. Upon being provided copies of the
99interlocal agreement and the municipal ordinance levying the
100tax, the division may distribute any premium taxes reported for
101the municipality receiving the fire services to the
102participating municipality providing the fire services as long
103as the interlocal agreement is in effect.
104     Section 3.  Subsection (2) of section 175.371, Florida
105Statutes, is amended to read:
106     175.371  Transfer to another state retirement system;
107benefits payable.--For any municipality, special fire control
108district, chapter plan, local law municipality, local law
109special fire control district, or local law plan under this
110chapter:
111     (2)  When every active participant in any pension plan
112created pursuant to this chapter elects to transfer to another
113state retirement system, the pension plan created pursuant to
114this chapter shall be terminated and the assets distributed in
115accordance with s. 175.361. If, upon joining another state
116retirement system as the result of a transfer, merger, or
117consolidation of governmental services, or as the result of a
118municipality's or special fire control district's election to
119participate in such system, some participants in a pension plan
120created pursuant to this chapter elect to transfer to another
121state retirement system and other participants elect to remain
122in the existing plan created pursuant to this chapter, the plan
123created pursuant to this chapter shall continue to receive state
124premium tax moneys until fully funded. If the plan is fully
125funded at a particular valuation date and not fully funded at a
126later valuation date, the plan shall resume receipt of state
127premium tax moneys until the plan is once again fully funded.
128"Fully funded" means that the present value of all benefits,
129accrued and projected, is less than the available assets and the
130present value of future member contributions and future plan
131sponsor contributions on an actuarial entry age cost funding
132basis. Effective May 31, 1998, for plans discussed herein, the
133plan shall remain in effect until the final benefit payment has
134been made to the last participant or beneficiary and shall then
135be terminated in accordance with s. 175.361.
136     Section 4.  Subsection (2) of section 185.03, Florida
137Statutes, is amended to read:
138     185.03  Municipal police officers' retirement trust funds;
139creation; applicability of provisions; participation by public
140safety officers.--For any municipality, chapter plan, local law
141municipality, or local law plan under this chapter:
142     (2)  The provisions of this chapter shall apply only to
143municipalities organized and established pursuant to the laws of
144the state, and said provisions shall not apply to the
145unincorporated areas of any county or counties nor shall the
146provisions hereof apply to any governmental entity whose police
147officers are eligible to participate in the Florida Retirement
148System, except as provided in s. 185.38(2).
149     Section 5.  Subsection (2) of section 185.38, Florida
150Statutes, is amended to read:
151     185.38  Transfer to another state retirement system;
152benefits payable.--For any municipality, chapter plan, local law
153municipality, or local law plan under this chapter:
154     (2)  When every active participant in any pension plan
155created pursuant to this chapter elects to transfer to another
156state retirement system, the pension plan created pursuant to
157this chapter shall be terminated and the assets distributed in
158accordance with s. 185.37. If, upon joining another state
159retirement system as the result of a transfer, merger, or
160consolidation of governmental services, or as the result of a
161municipality's election to participate in such system, some
162participants in a pension plan created pursuant to this chapter
163elect to transfer to another state retirement system and other
164participants elect to remain in the existing plan created
165pursuant to this chapter, the plan created pursuant to this
166chapter shall continue to receive state premium tax moneys until
167fully funded. If the plan is fully funded at a particular
168valuation date and not fully funded at a later valuation date,
169the plan shall resume receipt of state premium tax moneys until
170the plan is once again determined to be fully funded. "Fully
171funded" means that the present value of all benefits, accrued
172and projected, is less than the available assets and the present
173value of future member contributions and future plan sponsor
174contributions on an actuarial entry age cost funding basis.
175Effective May 31, 1998, for plans discussed herein, the plan
176shall remain in effect until the final benefit payment has been
177made to the last participant or beneficiary and shall then be
178terminated in accordance with s. 185.37.
179     Section 6.  The Legislature finds that a proper and
180legitimate state purpose is served when employees and retirees
181of the state and of its political subdivisions, and the
182dependents, survivors, and beneficiaries of such employees and
183retirees, are extended the basic protections afforded by
184governmental retirement systems that provide fair and adequate
185benefits and that are managed, administered, and funded in an
186actuarially sound manner as required by s. 14, Art. X of the
187State Constitution and part VII of chapter 112, Florida
188Statutes. Therefore, the Legislature determines and declares
189that the provisions of this act fulfill an important state
190interest.
191     Section 7.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.