Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for SB 246
       
       
       
       
       
       
                                Ì435678YÎ435678                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             04/25/2014 12:36 PM       .                                
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       Senator Ring moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 654 - 1156
    4  and insert:
    5         Section 8. Section 185.02, Florida Statutes, is amended to
    6  read:
    7         185.02 Definitions.—For any municipality, chapter plan,
    8  local law municipality, or local law plan under this chapter,
    9  the term following words and phrases as used in this chapter
   10  shall have the following meanings, unless a different meaning is
   11  plainly required by the context:
   12         (1) “Additional premium tax revenues” means revenues
   13  received by a municipality pursuant to s. 185.10 which exceed
   14  base premium tax revenues.
   15         (2)(1) “Average final compensation” means one-twelfth of
   16  the average annual compensation of the 5 best years of the last
   17  10 years of creditable service prior to retirement, termination,
   18  or death.
   19         (3) “Base premium tax revenues” means:
   20         (a) For a local plan in effect on October 1, 1998, the
   21  revenues received by a municipality pursuant to s. 185.10 for
   22  the calendar year 1997.
   23         (b) For a local law plan created between October 1, 1998,
   24  and March 1, 2014, inclusive, the revenues received by a
   25  municipality pursuant to s. 185.10 based upon the tax
   26  collections during the second calendar year of participation.
   27         (4)(2) “Casualty insurance” means automobile public
   28  liability and property damage insurance to be applied at the
   29  place of residence of the owner, or if the subject is a
   30  commercial vehicle, to be applied at the place of business of
   31  the owner; automobile collision insurance; fidelity bonds;
   32  burglary and theft insurance; and plate glass insurance. The
   33  term “multiple peril” means a combination or package policy that
   34  includes both property coverage and casualty coverage for a
   35  single premium.
   36         (5)(3) “Chapter plan” means a separate defined benefit
   37  pension plan for police officers which incorporates by reference
   38  the provisions of this chapter and has been adopted by the
   39  governing body of a municipality as provided in s. 185.08.
   40  Except as may be specifically authorized in this chapter, the
   41  provisions of a chapter plan may not differ from the plan
   42  provisions set forth in ss. 185.01-185.341 and ss. 185.37
   43  185.39. Actuarial valuations of chapter plans shall be conducted
   44  by the division as provided by s. 185.221(1)(b).
   45         (6)(4) “Compensation” or “salary” means, for
   46  noncollectively bargained service earned before July 1, 2011, or
   47  for service earned under collective bargaining agreements in
   48  place before July 1, 2011, the total cash remuneration including
   49  “overtime” paid by the primary employer to a police officer for
   50  services rendered, but not including any payments for extra duty
   51  or special detail work performed on behalf of a second party
   52  employer. Overtime may be limited prior to July 1, 2011, in a
   53  local law plan by the plan provisions A local law plan may limit
   54  the amount of overtime payments which can be used for retirement
   55  benefit calculation purposes; however, such overtime limit may
   56  not be less than 300 hours per officer per calendar year. For
   57  noncollectively bargained service earned on or after July 1,
   58  2011, or for service earned under collective bargaining
   59  agreements entered into on or after July 1, 2011, the term has
   60  the same meaning except that when calculating retirement
   61  benefits, up to 300 hours per year in overtime compensation may
   62  be included as specified in the plan or collective bargaining
   63  agreement, but payments for accrued unused sick or annual leave
   64  may not be included.
   65         (a) Any retirement trust fund or plan that meets the
   66  requirements of this chapter does not, solely by virtue of this
   67  subsection, reduce or diminish the monthly retirement income
   68  otherwise payable to each police officer covered by the
   69  retirement trust fund or plan.
   70         (b) The member’s compensation or salary contributed as
   71  employee-elective salary reductions or deferrals to any salary
   72  reduction, deferred compensation, or tax-sheltered annuity
   73  program authorized under the Internal Revenue Code shall be
   74  deemed to be the compensation or salary the member would receive
   75  if he or she were not participating in such program and shall be
   76  treated as compensation for retirement purposes under this
   77  chapter.
   78         (c) For any person who first becomes a member in any plan
   79  year beginning on or after January 1, 1996, compensation for
   80  that plan year may not include any amounts in excess of the
   81  Internal Revenue Code s. 401(a)(17) limitation, as amended by
   82  the Omnibus Budget Reconciliation Act of 1993, which limitation
   83  of $150,000 shall be adjusted as required by federal law for
   84  qualified government plans and shall be further adjusted for
   85  changes in the cost of living in the manner provided by Internal
   86  Revenue Code s. 401(a)(17)(B). For any person who first became a
   87  member before the first plan year beginning on or after January
   88  1, 1996, the limitation on compensation may not be less than the
   89  maximum compensation amount that was allowed to be taken into
   90  account under the plan as in effect on July 1, 1993, which
   91  limitation shall be adjusted for changes in the cost of living
   92  since 1989 in the manner provided by Internal Revenue Code s.
   93  401(a)(17)(1991).
   94         (7)(5) “Creditable service” or “credited service” means the
   95  aggregate number of years of service and fractional parts of
   96  years of service of any police officer, omitting intervening
   97  years and fractional parts of years when such police officer may
   98  not have been employed by the municipality subject to the
   99  following conditions:
  100         (a) A No police officer may not will receive credit for
  101  years or fractional parts of years of service if he or she has
  102  withdrawn his or her contributions to the fund for those years
  103  or fractional parts of years of service, unless the police
  104  officer repays into the fund the amount he or she has withdrawn,
  105  plus interest as determined by the board. The member has shall
  106  have at least 90 days after his or her reemployment to make
  107  repayment.
  108         (b) A police officer may voluntarily leave his or her
  109  contributions in the fund for a period of 5 years after leaving
  110  the employ of the police department, pending the possibility of
  111  his or her being rehired by the same department, without losing
  112  credit for the time he or she has participated actively as a
  113  police officer. If he or she is not reemployed as a police
  114  officer with the same department within 5 years, his or her
  115  contributions shall be returned to him or her without interest.
  116         (c) Credited service under this chapter shall be provided
  117  only for service as a police officer, as defined in subsection
  118  (11), or for military service and may not include credit for any
  119  other type of service. A municipality may, by local ordinance,
  120  may provide for the purchase of credit for military service
  121  occurring before employment as well as prior service as a police
  122  officer for some other employer as long as the police officer is
  123  not entitled to receive a benefit for such other prior service
  124  as a police officer. For purposes of determining credit for
  125  prior service, in addition to service as a police officer in
  126  this state, credit may be given for federal, other state, or
  127  county service as long as such service is recognized by the
  128  Criminal Justice Standards and Training Commission within the
  129  Department of Law Enforcement as provided in under chapter 943
  130  or the police officer provides proof to the board of trustees
  131  that such service is equivalent to the service required to meet
  132  the definition of a police officer under subsection (16) (11).
  133         (d) In determining the creditable service of a any police
  134  officer, credit for up to 5 years of the time spent in the
  135  military service of the Armed Forces of the United States shall
  136  be added to the years of actual service, if:
  137         1. The police officer is in the active employ of the
  138  municipality before prior to such service and leaves a position,
  139  other than a temporary position, for the purpose of voluntary or
  140  involuntary service in the Armed Forces of the United States.
  141         2. The police officer is entitled to reemployment under the
  142  provisions of the Uniformed Services Employment and Reemployment
  143  Rights Act.
  144         3. The police officer returns to his or her employment as a
  145  police officer of the municipality within 1 year after from the
  146  date of his or her release from such active service.
  147         (8)(6) “Deferred Retirement Option Plan” or “DROP” means a
  148  local law plan retirement option in which a police officer may
  149  elect to participate. A police officer may retire for all
  150  purposes of the plan and defer receipt of retirement benefits
  151  into a DROP account while continuing employment with his or her
  152  employer. However, a police officer who enters the DROP and who
  153  is otherwise eligible to participate may shall not thereby be
  154  precluded from participation or continued participation
  155  participating, or continuing to participate, in a supplemental
  156  plan in existence on, or created after, March 12, 1999 the
  157  effective date of this act.
  158         (9) “Defined contribution plan” means the component of a
  159  local law plan, as provided in s. 185.35(1), to which deposits,
  160  if any, are made to provide benefits for police officers, or for
  161  police officers and firefighters if both are included. Such
  162  component is an element of a local law plan and exists in
  163  conjunction with the defined benefit component that meets the
  164  minimum benefits and minimum standards of this chapter. The
  165  retirement benefits, if any, of the defined contribution plan
  166  shall be provided through individual member accounts in
  167  accordance with the applicable provisions of the Internal
  168  Revenue Code and related regulations and are limited to the
  169  contributions, if any, made into each member’s account and the
  170  actual accumulated earnings, net of expenses, earned on the
  171  member’s account.
  172         (10)(7) “Division” means the Division of Retirement of the
  173  Department of Management Services.
  174         (11)(8) “Enrolled actuary” means an actuary who is enrolled
  175  under Subtitle C of Title III of the Employee Retirement Income
  176  Security Act of 1974 and who is a member of the Society of
  177  Actuaries or the American Academy of Actuaries.
  178         (12)(9) “Local law municipality” means is any municipality
  179  in which there exists a local law plan exists.
  180         (13)(10) “Local law plan” means a retirement defined
  181  benefit pension plan, that includes both a defined benefit plan
  182  component and a defined contribution plan component, for police
  183  officers, or for police officers and firefighters if both are,
  184  where included, as described in s. 185.35, established by
  185  municipal ordinance or special act of the Legislature, which
  186  enactment sets forth all plan provisions. Local law plan
  187  provisions may vary from the provisions of this chapter if the,
  188  provided that required minimum benefits and minimum standards of
  189  this chapter are met. However, any such variance must shall
  190  provide a greater benefit for police officers. Actuarial
  191  valuations of local law plans shall be conducted by an enrolled
  192  actuary as provided in s. 185.221(2)(b).
  193         (14) “Minimum benefits” means the benefits set forth in ss.
  194  185.01-185.341 and ss. 185.37-185.50.
  195         (15) “Minimum standards” means the standards set forth in
  196  ss. 185.01-185.50.
  197         (16)(11) “Police officer” means any person who is elected,
  198  appointed, or employed full time by a any municipality, who is
  199  certified or required to be certified as a law enforcement
  200  officer in compliance with s. 943.1395, who is vested with
  201  authority to bear arms and make arrests, and whose primary
  202  responsibility is the prevention and detection of crime or the
  203  enforcement of the penal, criminal, traffic, or highway laws of
  204  the state. The term This definition includes all certified
  205  supervisory and command personnel whose duties include, in whole
  206  or in part, the supervision, training, guidance, and management
  207  responsibilities of full-time law enforcement officers, part
  208  time law enforcement officers, or auxiliary law enforcement
  209  officers, but does not include part-time law enforcement
  210  officers or auxiliary law enforcement officers as those terms
  211  the same are defined in s. 943.10(6) and (8), respectively. For
  212  the purposes of this chapter only, the term also includes
  213  “police officer” also shall include a public safety officer who
  214  is responsible for performing both police and fire services. Any
  215  plan may provide that the police chief shall have an option to
  216  participate, or not, in that plan.
  217         (17)(12) “Police Officers’ Retirement Trust Fund” means a
  218  trust fund, by whatever name known, as provided under s. 185.03
  219  for the purpose of assisting municipalities in establishing and
  220  maintaining a retirement plan for police officers.
  221         (18)(13) “Retiree” or “retired police officer” means a
  222  police officer who has entered retirement status. For the
  223  purposes of a plan that includes a Deferred Retirement Option
  224  Plan (DROP), a police officer who enters the DROP is shall be
  225  considered a retiree for all purposes of the plan. However, a
  226  police officer who enters the DROP and who is otherwise eligible
  227  to participate may shall not thereby be precluded from
  228  participating, or continuing to participate, in a supplemental
  229  plan in existence on, or created after, March 12, 1999 the
  230  effective date of this act.
  231         (19)(14) “Retirement” means a police officer’s separation
  232  from municipal city employment as a police officer with
  233  immediate eligibility for receipt of benefits under the plan.
  234  For purposes of a plan that includes a Deferred Retirement
  235  Option Plan (DROP), “retirement” means the date a police officer
  236  enters the DROP.
  237         (20) “Special act plan” means a plan subject to the
  238  provisions of this chapter which was created by an act of the
  239  Legislature and continues to require an act of the Legislature
  240  to alter plan benefits.
  241         (21) “Special benefits” means benefits provided in a
  242  defined contribution plan for police officers.
  243         (22)(15) “Supplemental plan” means a plan to which deposits
  244  of the premium tax moneys as provided in s. 185.08 are made to
  245  provide special extra benefits to police officers, or police
  246  officers and firefighters if both are where included, under this
  247  chapter. Such a plan is an element of a local law plan and
  248  exists in conjunction with a defined benefit component plan that
  249  meets the minimum benefits and minimum standards of this
  250  chapter. Any supplemental plan in existence on March 1, 2014,
  251  shall be deemed to be a defined contribution plan in compliance
  252  with s. 185.35(6).
  253         (23)(16) “Supplemental plan municipality” means a any local
  254  law municipality in which there existed a supplemental plan
  255  existed as of December 1, 2000.
  256         Section 9. Subsection (6) of section 185.06, Florida
  257  Statutes, is amended to read:
  258         185.06 General powers and duties of board of trustees.—For
  259  any municipality, chapter plan, local law municipality, or local
  260  law plan under this chapter:
  261         (6) To assist the board in meeting its responsibilities
  262  under this chapter, the board, if it so elects, may:
  263         (a) Employ independent legal counsel at the pension fund’s
  264  expense.
  265         (b) Employ an independent enrolled actuary, as defined in
  266  s. 185.02(8), at the pension fund’s expense.
  267         (c) Employ such independent professional, technical, or
  268  other advisers as it deems necessary at the pension fund’s
  269  expense.
  270  
  271  If the board chooses to use the municipality’s or special
  272  district’s legal counsel or actuary, or chooses to use any of
  273  the municipality’s other professional, technical, or other
  274  advisers, it must do so only under terms and conditions
  275  acceptable to the board.
  276         Section 10. Paragraph (d) of subsection (1) of section
  277  185.07, Florida Statutes, is amended to read:
  278         185.07 Creation and maintenance of fund.—For any
  279  municipality, chapter plan, local law municipality, or local law
  280  plan under this chapter:
  281         (1) The municipal police officers’ retirement trust fund in
  282  each municipality described in s. 185.03 shall be created and
  283  maintained in the following manner:
  284         (d) By payment by the municipality or other sources of a
  285  sum equal to the normal cost and the amount required to fund any
  286  actuarial deficiency shown by an actuarial valuation conducted
  287  under as provided in part VII of chapter 112 after taking into
  288  account the amounts described in paragraphs (b), (c), (e), (f),
  289  and (g) and the tax proceeds described in paragraph (a) which
  290  are used to fund defined benefit plan benefits.
  291  
  292  Nothing in this section shall be construed to require adjustment
  293  of member contribution rates in effect on the date this act
  294  becomes a law, including rates that exceed 5 percent of salary,
  295  provided that such rates are at least one-half of 1 percent of
  296  salary.
  297         Section 11. Subsection (2) of section 185.16, Florida
  298  Statutes, is amended to read:
  299         185.16 Requirements for retirement.—For any municipality,
  300  chapter plan, local law municipality, or local law plan under
  301  this chapter, any police officer who completes 10 or more years
  302  of creditable service as a police officer and attains age 55, or
  303  completes 25 years of creditable service as a police officer and
  304  attains age 52, and for such period has been a member of the
  305  retirement fund is eligible for normal retirement benefits.
  306  Normal retirement under the plan is retirement from the service
  307  of the city on or after the normal retirement date. In such
  308  event, for chapter plans and local law plans, payment of
  309  retirement income will be governed by the following provisions
  310  of this section:
  311         (2)(a) The amount of the monthly retirement income payable
  312  to a police officer who retires on or after his or her normal
  313  retirement date shall be an amount equal to the number of the
  314  police officer’s years of credited service multiplied by 2.75 2
  315  percent of his or her average final compensation. However, if
  316  current state contributions pursuant to this chapter are not
  317  adequate to fund the additional benefits to meet the minimum
  318  requirements in this chapter, only increment increases shall be
  319  required as state moneys are adequate to provide. Such
  320  increments shall be provided as state moneys become available.
  321         (b)Effective July 1, 2014, a plan that is in compliance
  322  with this chapter except that the plan provides a benefit that
  323  is less than 2.75 percent of the average final compensation of a
  324  police officer for all years of credited service, as provided in
  325  paragraph (a), or provides an effective benefit that is below
  326  2.75 percent as a result of a maximum benefit limitation, must
  327  maintain, at a minimum, the percentage amount or maximum benefit
  328  limitation in effect on July 1, 2014, and is not required to
  329  increase the benefit to 2.75 percent of the average final
  330  compensation of a police officer for all years of credited
  331  service.
  332         (c)Effective July 1, 2014, a plan that is in compliance
  333  with this chapter except that the plan provides a benefit that
  334  is less than 2.75 percent of the average final compensation of a
  335  police officer for all years of credited service, as provided in
  336  paragraph (a), or provides an effective benefit that is below
  337  2.75 percent as a result of a maximum benefit limitation, and
  338  which changes the percentage amount or maximum benefit
  339  limitation to 2.75 percent, or greater, of the average final
  340  compensation of a police officer for all years of credited
  341  service, as provided in paragraph (a), may not thereafter
  342  decrease the percentage amount or the maximum benefit limitation
  343  to less than 2.75 percent of the average final compensation of a
  344  police officer for all years of credited service, as provided in
  345  paragraph (a).
  346         Section 12. Section 185.35, Florida Statutes, is amended to
  347  read:
  348         185.35 Municipalities that have having their own retirement
  349  pension plans for police officers.—For any municipality, chapter
  350  plan, local law municipality, or local law plan under this
  351  chapter, In order for a municipality that has its municipalities
  352  with their own retirement plan pension plans for police
  353  officers, or for police officers and firefighters if both are
  354  included, to participate in the distribution of the tax fund
  355  established under pursuant to s. 185.08, a local law plan plans
  356  must meet the minimum benefits and minimum standards set forth
  357  in this chapter, except as provided in the mutual consent
  358  provisions in paragraph (1)(g) with respect to the minimum
  359  benefits not met as of October 1, 2012.:
  360         (1) If a municipality has a retirement pension plan for
  361  police officers, or for police officers and firefighters if both
  362  are included, which, in the opinion of the division, meets the
  363  minimum benefits and minimum standards set forth in this
  364  chapter, the board of trustees of the pension plan must, as
  365  approved by a majority of police officers of the municipality,
  366  may:
  367         (a) place the income from the premium tax in s. 185.08 in
  368  such pension plan for the sole and exclusive use of its police
  369  officers, or its police officers and firefighters if both are
  370  included, where it shall become an integral part of that pension
  371  plan and shall be used to fund benefits as provided herein.
  372  Effective October 1, 2014, for noncollectively bargained service
  373  or upon entering into a collective bargaining agreement on or
  374  after July 1, 2014:
  375         (a) The base premium tax revenues must be used to fund
  376  minimum benefits or other retirement benefits in excess of the
  377  minimum benefits as determined by the municipality.
  378         (b) Of the additional premium tax revenues received which
  379  are in excess of the amount received for the 2012 calendar year,
  380  50 percent must be used to fund minimum benefits or other
  381  retirement benefits in excess of the minimum benefits as
  382  determined by the municipality, and 50 percent must be placed in
  383  a defined contribution plan to fund special benefits.
  384         (c) Additional premium tax revenues not described in
  385  paragraph (b) must be used to fund benefits that are not
  386  included in the minimum benefits. If the additional premium tax
  387  revenues subject to this paragraph exceed the full annual cost
  388  of benefits provided through the plan which are in excess of the
  389  minimum benefits, any amount in excess of the full annual cost
  390  must be used as provided in paragraph (b).
  391         (d) Of any accumulations of additional premium tax revenues
  392  which have not been allocated to fund benefits in excess of the
  393  minimum benefits, 50 percent of the amount of the accumulations
  394  must be used to fund special benefits and 50 percent must be
  395  applied to fund any unfunded actuarial liabilities of the plan;
  396  provided that any amount of accumulations in excess of the
  397  amount required to fund the unfunded actuarial liabilities must
  398  be used to fund special benefits pay extra benefits to the
  399  police officers included in that pension plan; or
  400         (b) May place the income from the premium tax in s. 185.08
  401  in a separate supplemental plan to pay extra benefits to the
  402  police officers, or police officers and firefighters if
  403  included, participating in such separate supplemental plan.
  404         (e) For a plan created after March 1, 2014, 50 percent of
  405  the insurance premium tax revenues shall be used to fund defined
  406  benefit plan component benefits, with the remainder used to fund
  407  defined contribution plan component benefits.
  408         (f) If a plan offers benefits in excess of the minimum
  409  benefits, such benefits, excluding supplemental plan benefits in
  410  effect as of September 30, 2013, may be reduced if the plan
  411  continues to meet the minimum benefits and the minimum standards
  412  set forth in this chapter. The amount of insurance premium tax
  413  revenues previously used to fund benefits in excess of the
  414  minimum benefits, excluding the amount of any additional premium
  415  tax revenues distributed to a supplemental plan for calendar
  416  year 2012, before the reduction must be used as provided in
  417  paragraph (b). However, benefits in excess of the minimum
  418  benefits may not be reduced if a plan does not meet the minimum
  419  percentage amount of 2.75 percent, or greater, of the average
  420  final compensation of a police officer, as provided in s.
  421  185.16(2)(a), or provides an effective benefit that is below
  422  2.75 percent as a result of a maximum benefit limitation, as
  423  described in s. 185.16(2)(b).
  424         (g) Notwithstanding paragraphs (a)-(f), the use of premium
  425  tax revenues, including any accumulations of additional premium
  426  tax revenues which have not been allocated to fund benefits in
  427  excess of the minimum benefits, may deviate from the provisions
  428  of this subsection by mutual consent of the members’ collective
  429  bargaining representative or, if none, by majority consent of
  430  the police office members of the fund, and by consent of the
  431  municipality, provided that the plan continues to meet the
  432  minimum benefits and minimum standards of this chapter; however,
  433  a plan that operates pursuant to this paragraph which does not
  434  meet the minimum benefits as of October 1, 2012, may continue to
  435  provide the benefits that do not meet the minimum benefits at
  436  the same level as was provided as of October 1, 2012, and all
  437  other benefits must continue to meet the minimum benefits. Such
  438  mutually agreed deviation shall continue until modified or
  439  revoked by subsequent mutual consent of the members’ collective
  440  bargaining representative or, if none, by a majority of the
  441  police office members of the fund, and the municipality. An
  442  existing arrangement for the use of premium tax revenues
  443  contained within a special act plan or a plan within a
  444  supplemental plan municipality is considered, as of July 1,
  445  2014, to be a deviation for which mutual consent has been
  446  granted.
  447         (2) The premium tax provided by this chapter shall in all
  448  cases be used in its entirety to provide retirement extra
  449  benefits to police officers, or to police officers and
  450  firefighters if both are included. However, local law plans in
  451  effect on October 1, 1998, must comply with the minimum benefit
  452  provisions of this chapter only to the extent that additional
  453  premium tax revenues become available to incrementally fund the
  454  cost of such compliance as provided in s. 185.16(2). If a plan
  455  is in compliance with such minimum benefit provisions, as
  456  subsequent additional tax revenues become available, they shall
  457  be used to provide extra benefits. Local law plans created by
  458  special act before May 27, 1939, shall be deemed to comply with
  459  this chapter. For the purpose of this chapter, the term:
  460         (a) “Additional premium tax revenues” means revenues
  461  received by a municipality pursuant to s. 185.10 which exceed
  462  the amount received for calendar year 1997.
  463         (b) “Extra benefits” means benefits in addition to or
  464  greater than those provided to general employees of the
  465  municipality and in addition to those in existence for police
  466  officers on March 12, 1999.
  467         (3) A retirement plan or amendment to a retirement plan may
  468  not be proposed for adoption unless the proposed plan or
  469  amendment contains an actuarial estimate of the costs involved.
  470  Such proposed plan or proposed plan change may not be adopted
  471  without the approval of the municipality or, where required
  472  permitted, the Legislature. Copies of the proposed plan or
  473  proposed plan change and the actuarial impact statement of the
  474  proposed plan or proposed plan change shall be furnished to the
  475  division before the last public hearing on the proposal is held
  476  thereon. Such statement must also indicate whether the proposed
  477  plan or proposed plan change is in compliance with s. 14, Art. X
  478  of the State Constitution and those provisions of part VII of
  479  chapter 112 which are not expressly provided in this chapter.
  480  Notwithstanding any other provision, only those local law plans
  481  created by special act of legislation before May 27, 1939, are
  482  deemed to meet the minimum benefits and minimum standards only
  483  in this chapter.
  484         (4) Notwithstanding any other provision, with respect to
  485  any supplemental plan municipality:
  486         (a) Section 185.02(6)(a) 185.02(4)(a) does not apply, and a
  487  local law plan and a supplemental plan may continue to use their
  488  definition of compensation or salary in existence on March 12,
  489  1999.
  490         (b) A local law plan and a supplemental plan must continue
  491  to be administered by a board or boards of trustees numbered,
  492  constituted, and selected as the board or boards were numbered,
  493  constituted, and selected on December 1, 2000.
  494         (c) The election set forth in paragraph (1)(b) is deemed to
  495  have been made.
  496         (5) The retirement plan setting forth the benefits and the
  497  trust agreement, if any, covering the duties and
  498  responsibilities of the trustees and the regulations of the
  499  investment of funds must be in writing and copies made available
  500  to the participants and to the general public.
  501         (6) In addition to the defined benefit component of the
  502  local law plan, each plan sponsor must have a defined
  503  contribution plan component within the local law plan by October
  504  1, 2014, for noncollectively bargained service, upon entering
  505  into a collective bargaining agreement on or after July 1, 2014,
  506  or upon the creation date of a new participating plan. Depending
  507  upon the application of subsection (1), a defined contribution
  508  component may or may not receive any funding.
  509         (7) Notwithstanding any other provision of this chapter, a
  510  municipality that has implemented or proposed changes to a local
  511  law plan based on the municipality’s reliance on an
  512  interpretation of this chapter by the Department of Management
  513  Services on or after August 14, 2012, and before March 4, 2014,
  514  may continue the implemented changes or continue to implement
  515  proposed changes. Such reliance must be evidenced by a written
  516  collective bargaining proposal or agreement, or formal
  517  correspondence between the municipality and the Department of
  518  Management Services which describes the specific changes to the
  519  local law plan, with the initial proposal, agreement, or
  520  correspondence from the municipality dated before March 4, 2014.
  521  Changes to the local law plan which are otherwise contrary to
  522  the minimum benefits and minimum standards of this chapter may
  523  continue in effect until the earlier of October 1, 2017, or the
  524  effective date of a collective bargaining agreement that is
  525  contrary to the changes to the local law plan.
  526  
  527  ================= T I T L E  A M E N D M E N T ================
  528  And the title is amended as follows:
  529         Delete lines 56 - 58
  530  and insert:
  531         fund; conforming a cross-reference; redesignating the
  532         term “pension plan” as “retirement plan”; revising
  533         criteria governing the use of revenues from the
  534         premium tax; authorizing a plan to reduce certain
  535         excess benefits if the