Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. CS for SB 1128
Barcode 263354
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/15/2011 .
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The Committee on Budget (Richter) recommended the following:
1 Senate Amendment to Amendment (138858) (with title
2 amendment)
3
4 Between lines 236 and 237
5 insert:
6 Section 6. Paragraph (b) of subsection (1) of section
7 175.061, Florida Statutes, is amended to read:
8 175.061 Board of trustees; members; terms of office;
9 meetings; legal entity; costs; attorney’s fees.—For any
10 municipality, special fire control district, chapter plan, local
11 law municipality, local law special fire control district, or
12 local law plan under this chapter:
13 (1) In each municipality and in each special fire control
14 district there is hereby created a board of trustees of the
15 firefighters’ pension trust fund, which shall be solely
16 responsible for administering the trust fund. Effective October
17 1, 1986, and thereafter:
18 (b) The membership of boards of trustees for local law
19 plans shall be as follows:
20 1. If a municipality or special fire control district has a
21 pension plan for firefighters only, the provisions of paragraph
22 (a) shall apply.
23 2. If a municipality has a pension plan for firefighters
24 and police officers, the provisions of paragraph (a) shall
25 apply, except that one member of the board must shall be a
26 firefighter as defined in s. 175.032 and one member of the board
27 must shall be a police officer as defined in s. 185.02,
28 respectively elected by a majority of the active firefighters or
29 police officers who are members of the plan.
30 3. A Any board of trustees operating a local law plan on
31 July 1, 1999, which is combined with a plan for general
32 employees shall hold an election of the firefighters, or
33 firefighters and police officers, if included, to determine
34 whether a plan is to be established for firefighters only, or
35 for firefighters and police officers where included. Based on
36 the election results, a new board shall be established as
37 provided in subparagraph 1. or subparagraph 2., as appropriate.
38 The municipality or fire control district shall enact an
39 ordinance or resolution to implement the new board by October 1,
40 1999. The newly established board shall take whatever action is
41 necessary to determine the amount of assets which is
42 attributable to firefighters, or firefighters and police
43 officers where included. Such assets shall include all employer,
44 employee, and state contributions made by or on behalf of
45 firefighters, or firefighters and police officers where
46 included, and any investment income derived from such
47 contributions. All such moneys shall be transferred into the
48 newly established retirement plan, as directed by the board.
49
50 With respect to a any board of trustees operating a local law
51 plan on June 30, 1986, nothing in this paragraph does not shall
52 permit the reduction of the membership percentage of
53 firefighters, or of firefighters and police officers where a
54 joint or mixed fund exists. However, for the sole purpose of
55 changing municipal representation, a municipality may, by
56 ordinance, change the municipal representation on the board of
57 trustees operating a local law plan by ordinance, only if such
58 change does not reduce the membership percentage of
59 firefighters, or firefighters and police officers.
60
61 Between lines 401 and 402
62 insert:
63 Section 8. Paragraph (b) of subsection (1) of section
64 185.05, Florida Statutes, is amended to read:
65 185.05 Board of trustees; members; terms of office;
66 meetings; legal entity; costs; attorney’s fees.—For any
67 municipality, chapter plan, local law municipality, or local law
68 plan under this chapter:
69 (1) In each municipality described in s. 185.03 there is
70 hereby created a board of trustees of the municipal police
71 officers’ retirement trust fund, which shall be solely
72 responsible for administering the trust fund. Effective October
73 1, 1986, and thereafter:
74 (b) The membership of boards of trustees for local law
75 plans is shall be as follows:
76 1. If a municipality has a pension plan for police officers
77 only, the provisions of paragraph (a) shall apply.
78 2. If a municipality has a pension plan for police officers
79 and firefighters, the provisions of paragraph (a) shall apply,
80 except that one member of the board shall be a police officer as
81 defined in s. 185.02 and one member shall be a firefighter as
82 defined in s. 175.032, respectively, elected by a majority of
83 the active firefighters and police officers who are members of
84 the plan.
85 3. Any board of trustees operating a local law plan on July
86 1, 1999, which is combined with a plan for general employees
87 shall hold an election of the police officers, or police
88 officers and firefighters if included, to determine whether a
89 plan is to be established for police officers only, or for
90 police officers and firefighters where included. Based on the
91 election results, a new board shall be established as provided
92 in subparagraph 1. or subparagraph 2., as appropriate. The
93 municipality shall enact an ordinance to implement the new board
94 by October 1, 1999. The newly established board shall take
95 whatever action is necessary to determine the amount of assets
96 which is attributable to police officers, or police officers and
97 firefighters where included. Such assets shall include all
98 employer, employee, and state contributions made by or on behalf
99 of police officers, or police officers and firefighters where
100 included, and any investment income derived from such
101 contributions. All such moneys shall be transferred into the
102 newly established retirement plan, as directed by the board.
103
104 With respect to any board of trustees operating a local law plan
105 on June 30, 1986, nothing in this paragraph does not shall
106 permit the reduction of the membership percentage of police
107 officers or police officers and firefighters. However, for the
108 sole purpose of changing municipal representation, a
109 municipality may, by ordinance, change the municipal
110 representation on the board of trustees operating a local law
111 plan by ordinance, only if such change does not reduce the
112 membership percentage of police officers, or police officers and
113 firefighters.
114
115 ================= T I T L E A M E N D M E N T ================
116 And the title is amended as follows:
117 Delete lines 660 - 668
118 and insert:
119 purposes of firefighters’ pensions; amending s.
120 175.061, F.S.; authorizing a municipality to change
121 the municipality’s membership on the board of trustees
122 operating its firefighters’ pension plan under certain
123 circumstances; amending s. 175.351, F.S.; revising
124 provisions relating to benefits paid from the premium
125 tax by a municipality or special fire control district
126 that has its own pension plan; providing for funding a
127 plan’s actuarial accrued liability; conforming a
128 cross-reference; amending s. 185.02, F.S.; revising
129 the definition of the terms “compensation” and
130 “salary” for purposes of police officers’ pensions;
131 amending s. 185.05, F.S.; authorizing a municipality
132 to change the municipality’s membership on the board
133 of trustees operating its police officers’ pension
134 plan under certain circumstances; amending s. 185.35,
135 F.S.;