Florida Senate - 2010                                    SB 1902
       
       
       
       By Senator Bennett
       
       
       
       
       21-01291A-10                                          20101902__
    1                        A bill to be entitled                      
    2         An act relating to public retirement plans; amending
    3         s. 112.63, F.S.; requiring that a retirement system or
    4         plan include in its actuarial report a projection of
    5         the employer’s annual required contributions and an
    6         experience study; requiring that an enrolled actuary
    7         explain variances in assumptions and actual experience
    8         and provide recommendations; amending s. 112.65, F.S.;
    9         limiting the benefits payable to a member of a
   10         retirement system or plan who has not attained 10
   11         years of service by a certain date; amending s.
   12         112.66, F.S.; requiring the board of trustees of a
   13         retirement system or plan to provide an account report
   14         of its expenses to the Department of Management
   15         Services and to submit its proposed administrative
   16         expense budget to the plan sponsor within a certain
   17         timeframe; amending s. 121.0515, F.S.; revising the
   18         calculations used for upgrading a special risk
   19         member’s contributions for past service; amending s.
   20         175.041, F.S.; revising the applicability of ch. 175,
   21         F.S., to firefighters who are eligible for the Florida
   22         Retirement System; amending s. 175.061, F.S.; limiting
   23         the number of trustees of a firefighters’ pension
   24         trust fund who may also be members of the plan;
   25         amending s. 175.091, F.S.; removing an adjustment
   26         requirement for member contribution rates to a
   27         retirement plan for firefighters; amending s. 175.162,
   28         F.S.; deleting a provision relating to inadequate
   29         state contribution for additional retirement benefits;
   30         amending s. 175.351, F.S.; revising provisions
   31         relating to benefits paid from the premium tax by a
   32         municipality or special fire control district that has
   33         its own pension plan; amending s. 175.371, F.S.;
   34         revising provisions relating to benefits payable by an
   35         existing plan when a firefighter transfers to another
   36         retirement system; creating s. 175.372, F.S.;
   37         providing for the payment of benefits under another
   38         retirement system and the use of premium tax moneys;
   39         amending s. 185.02, F.S.; redefining the term
   40         “compensation” for purposes of calculating police
   41         pensions; amending s. 185.03, F.S.; revising the
   42         applicability of ch. 185, F.S., to police officers who
   43         are eligible for the Florida Retirement System;
   44         amending s. 185.05, F.S.; limiting the number of
   45         trustees of a police officers’ pension trust fund who
   46         may also be members of the plan; amending s. 185.07,
   47         F.S.; removing an adjustment requirement for member
   48         contribution rates to a retirement plan for police
   49         officers; amending s. 185.16, F.S.; deleting a
   50         provision relating to inadequate state contributions
   51         for additional retirement benefits; amending s.
   52         185.35, F.S.; revising provisions relating to benefits
   53         paid by a municipality that has its own pension plan;
   54         amending s. 185.38, F.S.; revising provisions relating
   55         to benefits payable by an existing plan when a police
   56         officer transfers to another retirement system;
   57         creating s. 185.381, F.S.; providing for the payment
   58         of benefits under another retirement system and the
   59         use of premium tax moneys; providing a declaration of
   60         important state interest; providing an effective date.
   61  
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. Paragraph (g) is added to subsection (1) of
   65  section 112.63, Florida Statutes, and subsection (7) is added to
   66  that section, to read:
   67         112.63 Actuarial reports and statements of actuarial
   68  impact; review.—
   69         (1) Each retirement system or plan subject to the
   70  provisions of this act shall have regularly scheduled actuarial
   71  reports prepared and certified by an enrolled actuary. The
   72  actuarial report shall consist of, but shall not be limited to,
   73  the following:
   74         (g) A 5-year projection of the employer’s annual required
   75  contributions for each of the 5 fiscal years immediately
   76  following the date of the actuarial report and which is based on
   77  actual experience for the preceding 5-year period and the
   78  current assumptions and cost methods of the retirement system or
   79  plan.
   80  
   81  The actuarial cost methods utilized for establishing the amount
   82  of the annual actuarial normal cost to support the promised
   83  benefits shall only be those methods approved in the Employee
   84  Retirement Income Security Act of 1974 and as permitted under
   85  regulations prescribed by the Secretary of the Treasury.
   86         (7) Each retirement system or plan must have an experience
   87  study prepared and certified by an enrolled actuary at least
   88  once every 5 years. The experience study must compare the
   89  retirement system’s or plan’s actual experience on key factors,
   90  including, but not limited to, investment return, payroll
   91  growth, employee salary changes, employee retirement rates, and
   92  employee turnover, along with the retirement system’s or plan’s
   93  assumptions on each factor. If a retirement system’s or plan’s
   94  actual experience materially varies from a retirement system or
   95  plan assumption, the enrolled actuary shall explain the material
   96  variance and provide a recommendation as to whether a change in
   97  the assumption is appropriate.
   98         Section 2. Subsection (1) of section 112.65, Florida
   99  Statutes, is amended to read:
  100         112.65 Limitation of benefits.—
  101         (1) ESTABLISHMENT OF PROGRAM.—
  102         (a) On or after January 1, 1980, the normal retirement
  103  benefit or pension payable to a retiree who becomes a member of
  104  a any retirement system or plan and who has not previously
  105  participated in such system or plan may, on or after January 1,
  106  1980, shall not exceed 100 percent of his or her average final
  107  compensation.
  108         (b) Notwithstanding paragraph (a), the normal retirement
  109  benefit or pension payable to a member of a retirement system or
  110  plan who has not attained 10 years of credited service under
  111  such a system or plan by July 1, 2010, may not exceed 70 percent
  112  of his or her highest annual base pay, excluding overtime and
  113  other additional compensation. However, if the member’s employer
  114  does not participate in the federal Social Security Act for such
  115  member, the normal retirement benefit or pension payable to the
  116  member may not exceed 90 percent of his or her highest annual
  117  base pay, excluding overtime and other additional compensation.
  118  However, nothing contained in
  119         (c) This section does not shall apply to supplemental
  120  retirement benefits or to pension increases attributable to
  121  cost-of-living increases or adjustments. For the purposes of
  122  this section, benefits accruing in individual participant
  123  accounts established under the Public Employee Optional
  124  Retirement Program established in part II of chapter 121 are
  125  considered supplemental benefits.
  126         (d) As used in this section, the term “average final
  127  compensation” means the average of the member’s earnings over a
  128  period of time which the governmental entity has established by
  129  statute, charter, or ordinance.
  130         Section 3. Subsection (11) is added to section 112.66,
  131  Florida Statutes, to read:
  132         112.66 General provisions.—The following general provisions
  133  relating to the operation and administration of any retirement
  134  system or plan covered by this part shall be applicable:
  135         (11) The board of trustees of each retirement system or
  136  plan shall:
  137         (a) Provide a detailed accounting report of its expenses
  138  for each fiscal year to the plan sponsor and the Department of
  139  Management Services, and shall make the report available to
  140  every member of the retirement system or plan. The report must
  141  include, but need not be limited to, all administrative
  142  expenses, which are defined for the purpose of this subsection
  143  as all expenses relating to any legal counsel, actuary, plan
  144  administrator, and all other consultants, and all travel and
  145  other expenses paid to or on behalf of the members of the board
  146  of trustees or anyone else on behalf of the retirement system or
  147  plan.
  148         (b) Submit its proposed administrative expense budget for
  149  each fiscal year at least 120 days before the beginning of the
  150  fiscal year to the plan sponsor for review and approval. The
  151  expense budget must regulate the administrative expenses of the
  152  board of trustees. The board of trustees may not amend the
  153  budget without the prior approval of the plan sponsor.
  154         Section 4. Subsection (5) of section 121.0515, Florida
  155  Statutes, is amended to read:
  156         121.0515 Special risk membership.—
  157         (5) CREDIT FOR PAST SERVICE.—A special risk member may
  158  purchase retirement credit in the Special Risk Class based upon
  159  past service, and may upgrade retirement credit for such past
  160  service, to the extent of 2 percent of the member’s average
  161  monthly compensation as specified in s. 121.091(1)(a) for such
  162  service as follows:
  163         (a) The member may purchase special risk credit for past
  164  service with a city or special district that which has elected
  165  to join the Florida Retirement System, or with a participating
  166  agency to which a member’s governmental unit was transferred,
  167  merged, or consolidated, as provided in s. 121.081(1)(f), if the
  168  member was employed with the city or special district at the
  169  time it commenced participating in the Florida Retirement System
  170  or with the governmental unit at the time of its transfer,
  171  merger, or consolidation with the participating agency. The
  172  service must satisfy the criteria set forth in subsection (2)
  173  for special risk membership as a law enforcement officer,
  174  firefighter, or correctional officer; however, a no certificate
  175  or waiver of certificate of compliance with s. 943.1395 or s.
  176  633.35 is not shall be required for such service.
  177         (b) Contributions for upgrading the first 2 percent of the
  178  member’s average monthly compensation for the additional special
  179  risk credit pursuant to this subsection shall be equal to the
  180  difference in the contributions paid and the special risk
  181  percentage rate of gross salary in effect at the time of
  182  purchase for the period being claimed, plus interest thereon at
  183  the rate of 4 percent a year compounded annually from the date
  184  of such service until July 1, 1975, and 6.5 percent a year
  185  thereafter until the date of payment. This Past service may be
  186  purchased by the member or by the employer on behalf of the
  187  member.
  188         (c) Contributions for upgrading additional special risk
  189  credit greater than 2 percent but not exceeding 3 percent of the
  190  member’s average monthly compensation must be in an amount
  191  representing the actuarial accrued liability for the difference
  192  in accrual value during the period of service for which credit
  193  is being purchased. Contributions shall be calculated by an
  194  actuary designated by the department using the discount rate and
  195  other relevant actuarial assumptions used to value the Florida
  196  Retirement System defined benefit plan liabilities in the most
  197  recent actuarial valuation. The contribution for service credit
  198  being purchased must be paid by the member or by the employer on
  199  behalf of the member immediately upon notification by the
  200  division.
  201         Section 5. Subsection (3) of section 175.041, Florida
  202  Statutes, is amended to read:
  203         175.041 Firefighters’ Pension Trust Fund created;
  204  applicability of provisions.—For any municipality, special fire
  205  control district, chapter plan, local law municipality, local
  206  law special fire control district, or local law plan under this
  207  chapter:
  208         (3) The provisions of this chapter shall apply only to
  209  municipalities organized and established pursuant to law the
  210  laws of the state and to special fire control districts. This
  211  chapter does, and said provisions shall not apply to the
  212  unincorporated areas of any county or counties, except with
  213  respect to special fire control districts that include
  214  unincorporated areas, or nor shall the provisions hereof apply
  215  to any governmental entity whose firefighters are eligible to
  216  participate in the Florida Retirement System, except as provided
  217  in s. 175.351(5), s. 175.371, or s. 175.372.
  218         (a) Special fire control districts that include, or consist
  219  exclusively of, unincorporated areas of one or more counties may
  220  levy and impose the tax and participate in the retirement
  221  programs enabled by this chapter.
  222         (b) With respect to the distribution of premium taxes, a
  223  single consolidated government consisting of a former county and
  224  one or more municipalities, consolidated pursuant to s. 3 or s.
  225  6(e), Art. VIII of the State Constitution, may is also eligible
  226  to participate under this chapter. The consolidated government
  227  shall notify the division when it has entered into an interlocal
  228  agreement to provide fire services to a municipality within its
  229  boundaries. The municipality may enact an ordinance levying the
  230  tax as provided in s. 175.101. Upon being provided copies of the
  231  interlocal agreement and the municipal ordinance levying the
  232  tax, the division may distribute any premium taxes reported for
  233  the municipality to the consolidated government as long as the
  234  interlocal agreement is in effect.
  235         (c) Any municipality that has entered into an interlocal
  236  agreement to provide fire protection services to any other
  237  incorporated municipality, in its entirety, for a period of 12
  238  months or more may be eligible to receive the premium taxes
  239  reported for such other municipality. In order To be eligible
  240  for such premium taxes, the municipality providing the fire
  241  services must notify the division that it has entered into an
  242  interlocal agreement with another municipality. The municipality
  243  receiving the fire services may enact an ordinance levying the
  244  tax as provided in s. 175.101. Upon being provided copies of the
  245  interlocal agreement and the municipal ordinance levying the
  246  tax, the division may distribute any premium taxes reported for
  247  the municipality receiving the fire services to the
  248  participating municipality providing the fire services as long
  249  as the interlocal agreement is in effect.
  250         Section 6. Paragraph (d) is added to subsection (1) of
  251  section 175.061, Florida Statutes, to read:
  252         175.061 Board of trustees; members; terms of office;
  253  meetings; legal entity; costs; attorney’s fees.—For any
  254  municipality, special fire control district, chapter plan, local
  255  law municipality, local law special fire control district, or
  256  local law plan under this chapter:
  257         (1) In each municipality and in each special fire control
  258  district there is hereby created a board of trustees of the
  259  firefighters’ pension trust fund, which shall be solely
  260  responsible for administering the trust fund. Effective October
  261  1, 1986, and thereafter:
  262         (d) A majority of the members of a board of trustees may
  263  not be members or retirees of the plan for which the board is
  264  administering the trust fund.
  265         Section 7. Paragraph (b) of subsection (2) of section
  266  175.091, Florida Statutes, is amended to read:
  267         175.091 Creation and maintenance of fund.—For any
  268  municipality, special fire control district, chapter plan, local
  269  law municipality, local law special fire control district, or
  270  local law plan under this chapter:
  271         (2) Member contribution rates may be adjusted as follows:
  272         (b) Firefighter member contributions may be increased by
  273  consent of the members’ collective bargaining representative or,
  274  if none, by majority consent of firefighter members of the fund
  275  to provide greater benefits.
  276  
  277  Nothing in this section shall be construed to require adjustment
  278  of member contribution rates in effect on the date this act
  279  becomes a law, including rates that exceed 5 percent of salary,
  280  provided that such rates are at least one-half of 1 percent of
  281  salary.
  282         Section 8. Paragraph (a) of subsection (2) of section
  283  175.162, Florida Statutes, is amended to read:
  284         175.162 Requirements for retirement.—For any municipality,
  285  special fire control district, chapter plan, local law
  286  municipality, local law special fire control district, or local
  287  law plan under this chapter, any firefighter who completes 10 or
  288  more years of creditable service as a firefighter and attains
  289  age 55, or completes 25 years of creditable service as a
  290  firefighter and attains age 52, and who for such minimum period
  291  has been a member of the firefighters’ pension trust fund
  292  operating under a chapter plan or local law plan, is eligible
  293  for normal retirement benefits. Normal retirement under the plan
  294  is retirement from the service of the municipality or special
  295  fire control district on or after the normal retirement date. In
  296  such event, payment of retirement income will be governed by the
  297  following provisions of this section:
  298         (2)(a) The amount of monthly retirement income payable to a
  299  full-time firefighter who retires on or after his or her normal
  300  retirement date is shall be an amount equal to the number of his
  301  or her years of credited service multiplied by 2 percent of his
  302  or her average final compensation as a full-time firefighter.
  303  However, if current state contributions pursuant to this chapter
  304  are not adequate to fund the additional benefits to meet the
  305  minimum requirements in this chapter, only such incremental
  306  increases shall be required as state moneys are adequate to
  307  provide. Such increments shall be provided as state moneys
  308  become available.
  309         Section 9. Section 175.351, Florida Statutes, is amended to
  310  read:
  311         175.351 Municipalities and special fire control districts
  312  having their own pension plans for firefighters.—For any
  313  municipality, special fire control district, local law
  314  municipality, local law special fire control district, or local
  315  law plan under this chapter, in order for municipalities and
  316  special fire control districts that have with their own pension
  317  plans for firefighters, or for firefighters and police officers,
  318  where included, to participate in the distribution of the tax
  319  fund established pursuant to s. 175.101, local law plans must
  320  provide extra benefits within those pension plans for
  321  firefighters, or for firefighters and police officers where
  322  included, which are equal to or greater than the value of the
  323  premium tax income received meet the minimum benefits and
  324  minimum standards set forth in this chapter.
  325         (1) PREMIUM TAX INCOME.—If a municipality has a pension
  326  plan for firefighters, or a pension plan for firefighters and
  327  police officers, where included, which in the opinion of the
  328  division meets the minimum benefits and minimum standards set
  329  forth in this chapter, the board of trustees of the pension
  330  plan, as approved by a majority of firefighters of the
  331  municipality, may:
  332         (a)Place the income from the premium tax in s. 175.101 in
  333  such pension plan for the sole and exclusive use of its
  334  firefighters, or for firefighters and police officers, where
  335  included, where it shall become an integral part of that pension
  336  plan and shall be used to pay extra benefits to the firefighters
  337  included in that pension plan; or
  338         (b)Place the income from the premium tax in s. 175.101 in
  339  a separate supplemental plan to pay extra benefits to
  340  firefighters, or to firefighters and police officers where
  341  included, participating in such separate supplemental plan. The
  342  premium tax provided by this chapter must shall in all cases be
  343  used in its entirety to provide extra benefits to firefighters,
  344  or to firefighters and police officers, where included.
  345  Notwithstanding any other provision of this chapter However,
  346  local law plans in effect on October 1, 1998, may shall be
  347  required to comply with the minimum benefit provisions of this
  348  chapter by providing pension benefits that, in the aggregate,
  349  exceed the minimum benefits set forth in this chapter as
  350  determined by the plan’s actuary only to the extent that
  351  additional premium tax revenues become available to
  352  incrementally fund the cost of such compliance as provided in s.
  353  175.162(2)(a). When a plan is in compliance with such minimum
  354  benefit provisions, as subsequent additional premium tax
  355  revenues become available, they shall be used to provide extra
  356  benefits. For the purpose of this chapter, “additional premium
  357  tax revenues” means revenues received by a municipality or
  358  special fire control district pursuant to s. 175.121 which
  359  exceed that amount received for calendar year 1997, and the term
  360  “extra benefits” means benefits that are in addition to or
  361  greater than those provided to general employees of the
  362  municipality regardless of when such benefit was or is provided
  363  and in addition to those in existence for firefighters on March
  364  12, 1999. Local law plans created by special act before May 23,
  365  1939, are shall be deemed to comply with this chapter.
  366         (2) A ADOPTION OR REVISION OF A LOCAL LAW PLAN.—No
  367  retirement plan or amendment to a retirement plan may not shall
  368  be proposed for adoption unless the proposed plan or amendment
  369  contains an actuarial estimate of the costs involved. The No
  370  such proposed plan or proposed plan change may not shall be
  371  adopted without the approval of the municipality, special fire
  372  control district, or, if where permitted, the Legislature.
  373  Copies of the proposed plan or proposed plan change and the
  374  actuarial impact statement of the proposed plan or proposed plan
  375  change shall be furnished to the division prior to the last
  376  public hearing thereon. The impact Such statement must shall
  377  also indicate whether the proposed plan or proposed plan change
  378  is in compliance with s. 14, Art. X of the State Constitution
  379  and those provisions of part VII of chapter 112 which are not
  380  expressly provided in this chapter. Notwithstanding any other
  381  provision, only those local law plans created by special act of
  382  legislation before prior to May 23, 1939, are shall be deemed to
  383  meet the minimum benefits and minimum standards only in this
  384  chapter.
  385         (3) Notwithstanding any other provision, with respect to a
  386  any supplemental plan municipality:
  387         (a) Section 175.032(3)(a) does shall not apply, and a local
  388  law plan and a supplemental plan may continue to use their
  389  definition of compensation or salary in existence on March 12,
  390  1999 the effective date of this act.
  391         (b) Section 175.061(1)(b) does shall not apply, and a local
  392  law plan and a supplemental plan shall continue to be
  393  administered by a board or boards of trustees numbered,
  394  constituted, and selected as the board or boards were numbered,
  395  constituted, and selected on December 1, 2000.
  396         (c)The election set forth in paragraph (1)(b) shall be
  397  deemed to have been made.
  398         (4) The retirement plan setting forth the benefits and the
  399  trust agreement, if any, covering the duties and
  400  responsibilities of the trustees and the regulations of the
  401  investment of funds must be in writing, and copies thereof must
  402  be made available to the participants and to the general public.
  403         (5) A municipality or special fire control district may
  404  establish one or more new plans, or benefit levels within a
  405  plan, which provide different benefit levels for plan members
  406  based on the member’s date of hire if the new plan or benefit
  407  level provides pension benefits that, in the aggregate, meet or
  408  exceed the minimum benefits set forth in this chapter, as
  409  determined by the plan’s actuary. A municipality or special fire
  410  control district may elect to maintain an existing plan and join
  411  the Florida Retirement System for employees hired after a
  412  specified date. A municipality or special fire control district
  413  choosing to operate under this subsection shall use the premium
  414  tax provided under this chapter for the current plan or benefit
  415  level, for any additional plan or benefit level, or for
  416  contributions to the Florida Retirement System.
  417         Section 10. Section 175.371, Florida Statutes, is amended
  418  to read:
  419         175.371 Transfer to another state retirement system;
  420  benefits payable.—For any municipality, special fire control
  421  district, chapter plan, local law municipality, local law
  422  special fire control district, or local law plan under this
  423  chapter:
  424         (1) Any firefighter who has a vested right to benefits
  425  under a pension plan created pursuant to the provisions of this
  426  chapter and who elects to participate in another state
  427  retirement system may not receive a benefit under the other
  428  provisions of the latter retirement system for any period of
  429  year’s service for which benefits are paid under the provisions
  430  of the pension plan created pursuant to this chapter.
  431         (2) If When every active participant in any pension plan
  432  created pursuant to this chapter elects to transfer to another
  433  state retirement system, the pension plan created pursuant to
  434  this chapter shall be terminated and the assets distributed in
  435  accordance with s. 175.361. If, upon joining another state
  436  retirement system as the result of a transfer, merger, or
  437  consolidation of governmental services, or the municipality’s or
  438  special fire control district’s election to participate in such
  439  system, some participants in a pension plan subject created
  440  pursuant to this chapter elect to transfer to another state
  441  retirement system and other participants elect to remain in the
  442  existing plan created pursuant to this chapter, the existing
  443  plan created pursuant to this chapter shall continue to receive
  444  state premium tax moneys until fully funded. If the plan is
  445  fully funded at a particular valuation date and not fully funded
  446  at a later valuation date, the plan shall resume receipt of
  447  state premium tax moneys until the plan is once again fully
  448  funded. The term “fully funded” means that the present value of
  449  all benefits, accrued and projected, is less than the available
  450  assets and the present value of future member contributions and
  451  future plan sponsor contributions on an actuarial entry age cost
  452  funding basis. Effective May 31, 1998, for plans discussed
  453  herein, the plan shall remain in effect until the final benefit
  454  payment has been made to the last participant or beneficiary and
  455  shall then be terminated in accordance with s. 175.361.
  456         Section 11. Section 175.372, Florida Statutes, is created
  457  to read:
  458         175.372Benefits under another retirement system or pension
  459  program.—For any municipality, special fire control district,
  460  chapter plan, local law municipality, local law special fire
  461  control district, or local law plan under this chapter:
  462         (1) A firefighter who has a vested right to benefits under
  463  the pension plan may not receive a benefit under a new
  464  retirement system or pension program for any period of service
  465  for which benefits are being paid pursuant to the pension plan
  466  subject to this chapter.
  467         (2) If a municipality or special fire control district
  468  chooses to create or transfer to another retirement system or
  469  pension program, including, but not limited to, a defined
  470  contribution program, for all or a portion of its active
  471  firefighters who are in a pension plan subject to this chapter,
  472  or for firefighters hired after a date certain, the municipality
  473  or special fire control district shall continue to receive state
  474  premium tax moneys and must use those funds as needed to fully
  475  fund a preexisting plan subject to this chapter or to reduce the
  476  required contributions of the municipality or special fire
  477  control district to the new retirement system or pension
  478  program.
  479         Section 12. Subsection (4) of section 185.02, Florida
  480  Statutes, is amended to read:
  481         185.02 Definitions.—For any municipality, chapter plan,
  482  local law municipality, or local law plan under this chapter,
  483  the following words and phrases as used in this chapter shall
  484  have the following meanings, unless a different meaning is
  485  plainly required by the context:
  486         (4) “Compensation” or “salary” means the fixed monthly
  487  total cash remuneration including “overtime” paid by the primary
  488  employer to a police officer for services rendered, but not
  489  including any payments for extra duty or a special detail work
  490  performed on behalf of a second party employer. However, a local
  491  law plan may limit the amount of overtime payments which can be
  492  used for retirement benefit calculation purposes, but in no
  493  event shall such overtime limit be less than 300 hours per
  494  officer per calendar year.
  495         (a) Any retirement trust fund or plan that which now or
  496  hereafter meets the requirements of this chapter may shall not,
  497  solely by virtue of this subsection, reduce or diminish the
  498  monthly retirement income otherwise payable to each police
  499  officer covered by the retirement trust fund or plan.
  500         (b) The member’s compensation or salary contributed as
  501  employee-elective salary reductions or deferrals to any salary
  502  reduction, deferred compensation, or tax-sheltered annuity
  503  program authorized under the Internal Revenue Code shall be
  504  deemed to be the compensation or salary the member would receive
  505  if he or she were not participating in such program and shall be
  506  treated as compensation for retirement purposes under this
  507  chapter.
  508         (c) For any person who first becomes a member in a any plan
  509  year beginning on or after January 1, 1996, compensation for a
  510  any plan year may shall not include any amounts in excess of the
  511  Internal Revenue Code s. 401(a)(17) limitation, (as amended by
  512  the Omnibus Budget Reconciliation Act of 1993), which limitation
  513  of $150,000 shall be adjusted as required by federal law for
  514  qualified government plans and shall be further adjusted for
  515  changes in the cost of living in the manner provided by Internal
  516  Revenue Code s. 401(a)(17)(B). For any person who first became a
  517  member before prior to the first plan year beginning on or after
  518  January 1, 1996, the limitation on compensation shall be at
  519  least not less than the maximum compensation amount that was
  520  allowed to be taken into account under the plan as in effect on
  521  July 1, 1993, which limitation shall be adjusted for changes in
  522  the cost of living since 1989 as in the manner provided by
  523  Internal Revenue Code s. 401(a)(17)(1991).
  524         Section 13. Subsection (2) of section 185.03, Florida
  525  Statutes, is amended to read:
  526         185.03 Municipal police officers’ retirement trust funds;
  527  creation; applicability of provisions; participation by public
  528  safety officers.—For any municipality, chapter plan, local law
  529  municipality, or local law plan under this chapter:
  530         (2) The provisions of this chapter shall apply only to
  531  municipalities organized and established pursuant to the laws of
  532  the state, and do said provisions shall not apply to the
  533  unincorporated areas of any county or counties or nor shall the
  534  provisions hereof apply to any governmental entity whose police
  535  officers are eligible to participate in the Florida Retirement
  536  System, except as provided in s. 185.35(5), s. 185.38, or s.
  537  185.381.
  538         Section 14. Present paragraphs (c) and (d) of subsection
  539  (1) of section 185.05, Florida Statutes, are redesignated as
  540  paragraphs (d) and (e), respectively, and a new paragraph (c) is
  541  added to that subsection, to read:
  542         185.05 Board of trustees; members; terms of office;
  543  meetings; legal entity; costs; attorney’s fees.—For any
  544  municipality, chapter plan, local law municipality, or local law
  545  plan under this chapter:
  546         (1) In each municipality described in s. 185.03 there is
  547  hereby created a board of trustees of the municipal police
  548  officers’ retirement trust fund, which shall be solely
  549  responsible for administering the trust fund. Effective October
  550  1, 1986, and thereafter:
  551         (c) A majority of the members of a board of trustees may
  552  not be members or retirees of the plan for which the board is
  553  administering the trust fund.
  554         Section 15. Paragraph (b) of subsection (2) of section
  555  185.07, Florida Statutes, is amended to read:
  556         185.07 Creation and maintenance of fund.—For any
  557  municipality, chapter plan, local law municipality, or local law
  558  plan under this chapter:
  559         (2) Member contribution rates may be adjusted as follows:
  560         (b) Police officer member contributions may be increased by
  561  consent of the members’ collective bargaining representative or,
  562  if none, by majority consent of police officer members of the
  563  fund to provide greater benefits.
  564  
  565  Nothing in this section shall be construed to require adjustment
  566  of member contribution rates in effect on the date this act
  567  becomes a law, including rates that exceed 5 percent of salary,
  568  provided that such rates are at least one-half of 1 percent of
  569  salary.
  570         Section 16. Subsection (2) of section 185.16, Florida
  571  Statutes, is amended to read:
  572         185.16 Requirements for retirement.—For any municipality,
  573  chapter plan, local law municipality, or local law plan under
  574  this chapter, any police officer who completes 10 or more years
  575  of creditable service as a police officer and attains age 55, or
  576  completes 25 years of creditable service as a police officer and
  577  attains age 52, and for such period has been a member of the
  578  retirement fund is eligible for normal retirement benefits.
  579  Normal retirement under the plan is retirement from the service
  580  of the city on or after the normal retirement date. In such
  581  event, for chapter plans and local law plans, payment of
  582  retirement income will be governed by the following provisions
  583  of this section:
  584         (2) The amount of the monthly retirement income payable to
  585  a police officer who retires on or after his or her normal
  586  retirement date is shall be an amount equal to the number of the
  587  police officer’s years of credited service multiplied by 2
  588  percent of his or her average final compensation. However, if
  589  current state contributions pursuant to this chapter are not
  590  adequate to fund the additional benefits to meet the minimum
  591  requirements in this chapter, only increment increases shall be
  592  required as state moneys are adequate to provide. Such
  593  increments shall be provided as state moneys become available.
  594         Section 17. Section 185.35, Florida Statutes, is amended to
  595  read:
  596         185.35 Municipalities having their own pension plans for
  597  police officers.—For any municipality, chapter plan, local law
  598  municipality, or local law plan under this chapter, in order for
  599  municipalities that have with their own pension plans for police
  600  officers, or for police officers and firefighters where
  601  included, to participate in the distribution of the tax fund
  602  established pursuant to s. 185.08, local law plans must provide
  603  extra benefits within those pension plans for police officers,
  604  or for police officers and firefighters where included, which
  605  are equal to or greater than the value of the premium tax income
  606  received. meet the minimum benefits and minimum standards set
  607  forth in this chapter:
  608         (1) PREMIUM TAX INCOME.—If a municipality has a pension
  609  plan for police officers, or for police officers and
  610  firefighters where included, which, in the opinion of the
  611  division, meets the minimum benefits and minimum standards set
  612  forth in this chapter, the board of trustees of the pension
  613  plan, as approved by a majority of police officers of the
  614  municipality, may:
  615         (a)Place the income from the premium tax in s. 185.08 in
  616  such pension plan for the sole and exclusive use of its police
  617  officers, or its police officers and firefighters where
  618  included, where it shall become an integral part of that pension
  619  plan and shall be used to pay extra benefits to the police
  620  officers included in that pension plan; or
  621         (b)May place the income from the premium tax in s. 185.08
  622  in a separate supplemental plan to pay extra benefits to the
  623  police officers, or police officers and firefighters where
  624  included, participating in such separate supplemental plan. The
  625  premium tax provided by this chapter must shall in all cases be
  626  used in its entirety to provide extra benefits to police
  627  officers, or to police officers and firefighters, where
  628  included. Notwithstanding any other provision of this chapter
  629  However, local law plans in effect on October 1, 1998, may shall
  630  be required to comply with the minimum benefit provisions of
  631  this chapter by providing pension benefits that, in the
  632  aggregate, exceed the minimum benefits set forth in this chapter
  633  as determined by the plan’s actuary only to the extent that
  634  additional premium tax revenues become available to
  635  incrementally fund the cost of such compliance as provided in s.
  636  185.16(2). When a plan is in compliance with such minimum
  637  benefit provisions, as subsequent additional tax revenues become
  638  available, they shall be used to provide extra benefits. For the
  639  purpose of this chapter, “additional premium tax revenues” means
  640  revenues received by a municipality pursuant to s. 185.10 which
  641  exceed the amount received for calendar year 1997, and the term
  642  “extra benefits” means benefits that are in addition to or
  643  greater than those provided to general employees of the
  644  municipality regardless of when such additional or greater
  645  benefit was or is provided and in addition to those in existence
  646  for police officers on March 12, 1999. Local law plans created
  647  by special act before May 23, 1939, are shall be deemed to
  648  comply with this chapter.
  649         (2) A ADOPTION OR REVISION OF A LOCAL LAW PLAN.—No
  650  retirement plan or amendment to a retirement plan may not shall
  651  be proposed for adoption unless the proposed plan or amendment
  652  contains an actuarial estimate of the costs involved. The No
  653  such proposed plan or proposed plan change may not shall be
  654  adopted without the approval of the municipality or, if where
  655  permitted, the Legislature. Copies of the proposed plan or
  656  proposed plan change and the actuarial impact statement of the
  657  proposed plan or proposed plan change shall be furnished to the
  658  division prior to the last public hearing thereon. The impact
  659  Such statement must shall also indicate whether the proposed
  660  plan or proposed plan change is in compliance with s. 14, Art. X
  661  of the State Constitution and those provisions of part VII of
  662  chapter 112 which are not expressly provided in this chapter.
  663  Notwithstanding any other provision, only those local law plans
  664  created by special act of legislation before prior to May 23,
  665  1939, are shall be deemed to meet the minimum benefits and
  666  minimum standards only in this chapter.
  667         (3) Notwithstanding any other provision, with respect to a
  668  any supplemental plan municipality:
  669         (a) Section 185.02(4)(a) shall not apply, and a local law
  670  plan and a supplemental plan may continue to use their
  671  definition of compensation or salary in existence on March 12,
  672  1999 the effective date of this act.
  673         (b) Section 185.05(1)(b) shall not apply, and a local law
  674  plan and a supplemental plan shall continue to be administered
  675  by a board or boards of trustees numbered, constituted, and
  676  selected as the board or boards were numbered, constituted, and
  677  selected on December 1, 2000.
  678         (c)The election set forth in paragraph (1)(b) shall be
  679  deemed to have been made.
  680         (4) The retirement plan setting forth the benefits and the
  681  trust agreement, if any, covering the duties and
  682  responsibilities of the trustees and the regulations of the
  683  investment of funds must be in writing and copies must be made
  684  available to the participants and to the general public.
  685         (5) A municipality may establish one or more new plans, or
  686  benefit levels within a plan, which provide different benefit
  687  levels for plan members based on the member’s date of hire if
  688  the new plan or benefit level provides pension benefits that, in
  689  the aggregate, meet or exceed the minimum benefits set forth in
  690  this chapter, as determined by the plan’s actuary. A
  691  municipality may elect to maintain an existing plan and join the
  692  Florida Retirement System for employees hired after a specified
  693  date. A municipality choosing to operate under this subsection
  694  shall use the premium tax provided under this chapter for the
  695  current plan or benefit level, for any additional plan or
  696  benefit level, or for contributions to the Florida Retirement
  697  System.
  698         Section 18. Section 185.38, Florida Statutes, is amended to
  699  read:
  700         185.38 Transfer to another state retirement system;
  701  benefits payable.—For any municipality, chapter plan, local law
  702  municipality, or local law plan under this chapter:
  703         (1) Any police officer who has a vested right to benefits
  704  under a pension plan created pursuant to the provisions of this
  705  chapter and who elects to participate in another state
  706  retirement system may not receive a benefit under the other the
  707  provisions of the latter retirement system for any period of
  708  year’s service for which benefits are paid under the provisions
  709  of the pension plan created pursuant to this chapter.
  710         (2) If When every active participant in any pension plan
  711  created pursuant to this chapter elects to transfer to another
  712  state retirement system, the pension plan created pursuant to
  713  this chapter shall be terminated and the assets distributed in
  714  accordance with s. 185.37. If, upon joining another state
  715  retirement system as the result of a transfer, merger, or
  716  consolidation of governmental services, or as the municipality’s
  717  election to participate in such system, some participants in a
  718  pension plan subject created pursuant to this chapter elect to
  719  transfer to another state retirement system and other
  720  participants elect to remain in the existing plan created
  721  pursuant to this chapter, the existing plan created pursuant to
  722  this chapter shall continue to receive state premium tax moneys
  723  until fully funded. If the plan is fully funded at a particular
  724  valuation date and not fully funded at a later valuation date,
  725  the plan shall resume receipt of state premium tax moneys until
  726  the plan is once again determined to be fully funded. The term
  727  “fully funded” means that the present value of all benefits,
  728  accrued and projected, is less than the available assets and the
  729  present value of future member contributions and future plan
  730  sponsor contributions on an actuarial entry age cost funding
  731  basis. Effective May 31, 1998, for plans discussed herein, the
  732  plan shall remain in effect until the final benefit payment has
  733  been made to the last participant or beneficiary and shall then
  734  be terminated in accordance with s. 185.37.
  735         Section 19. Section 185.381, Florida Statutes, is created
  736  to read:
  737         185.381Benefits under another retirement system or pension
  738  program.—For any municipality, chapter plan, local law
  739  municipality, or local law plan under this chapter:
  740         (1) A police officer who has a vested right to benefits
  741  under the pension plan may not receive a benefit under a new
  742  retirement system or pension program for any period of service
  743  for which benefits are paid pursuant to the pension plan subject
  744  to this chapter.
  745         (2) If a municipality chooses to create or transfer to
  746  another retirement system or pension program, including, but not
  747  limited to, a defined contribution program, for all or a portion
  748  of its active police officers who are in a pension plan subject
  749  to this chapter, or for police officers hired after a date
  750  certain, the municipality shall continue to receive state
  751  premium tax moneys and must use those funds as needed to fully
  752  fund a preexisting plan subject to this chapter or to reduce the
  753  required contributions of the municipality to the new retirement
  754  system or pension program.
  755         Section 20. The Legislature finds that a proper and
  756  legitimate state purpose is served when employees and retirees
  757  of the state and its political subdivisions, and the dependents,
  758  survivors, and beneficiaries of such employees and retirees, are
  759  extended the basic protections afforded by governmental
  760  retirement systems. These persons must be provided benefits that
  761  are fair and adequate and that are managed, administered, and
  762  funded in an actuarially sound manner, as required by s. 14,
  763  Article X of the State Constitution and part VII of chapter 112,
  764  Florida Statutes. Therefore, the Legislature determines and
  765  declares that this act fulfills an important state interest.
  766         Section 21. This act shall take effect July 1, 2010.