Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 246
       
       
       
       
       
       
                                Ì736386LÎ736386                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/11/2014           .                                
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       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 625 - 1147
    4  and insert:
    5         Section 7. Subsection (2) of section 185.01, Florida
    6  Statutes, is amended to read:
    7         185.01 Legislative declaration.—
    8         (2) This chapter hereby establishes, for all municipal
    9  pension plans now or hereinafter provided for under this
   10  chapter, including chapter plans and local law plans, minimum
   11  benefits and minimum standards for the operation and funding of
   12  such plans, hereinafter referred to as municipal police
   13  officers’ retirement trust funds, which must be met as
   14  conditions precedent to the plans or plan sponsors receiving a
   15  distribution of insurance premium tax revenues under s. 185.10.
   16  The minimum benefits and minimum standards for each plan as set
   17  forth in this chapter may not be diminished by local ordinance
   18  or by special act of the Legislature and may not, nor may the
   19  minimum benefits or minimum standards be reduced or offset by
   20  any other local, state, or federal plan that includes may
   21  include police officers in its operation, except as provided
   22  under s. 112.65.
   23         Section 8. Section 185.02, Florida Statutes, is amended to
   24  read:
   25         185.02 Definitions.—For any municipality, chapter plan,
   26  local law municipality, or local law plan under this chapter,
   27  the term following words and phrases as used in this chapter
   28  shall have the following meanings, unless a different meaning is
   29  plainly required by the context:
   30         (1) “Additional premium tax revenues” means revenues
   31  received by a municipality pursuant to s. 185.10 which exceed
   32  base premium tax revenues.
   33         (2)(1) “Average final compensation” means one-twelfth of
   34  the average annual compensation of the 5 best years of the last
   35  10 years of creditable service prior to retirement, termination,
   36  or death.
   37         (3) “Base premium tax revenues” means the revenues received
   38  by a municipality pursuant to s. 185.10 for the calendar year
   39  1997.
   40         (4)(2) “Casualty insurance” means automobile public
   41  liability and property damage insurance to be applied at the
   42  place of residence of the owner, or if the subject is a
   43  commercial vehicle, to be applied at the place of business of
   44  the owner; automobile collision insurance; fidelity bonds;
   45  burglary and theft insurance; and plate glass insurance. The
   46  term “multiple peril” means a combination or package policy that
   47  includes both property coverage and casualty coverage for a
   48  single premium.
   49         (5)(3) “Chapter plan” means a separate defined benefit
   50  pension plan for police officers which incorporates by reference
   51  the provisions of this chapter and has been adopted by the
   52  governing body of a municipality as provided in s. 185.08.
   53  Except as may be specifically authorized in this chapter, the
   54  provisions of a chapter plan may not differ from the plan
   55  provisions set forth in ss. 185.01-185.341 and ss. 185.37
   56  185.39. Actuarial valuations of chapter plans shall be conducted
   57  by the division as provided by s. 185.221(1)(b).
   58         (6)(4) “Compensation” or “salary” means, for
   59  noncollectively bargained service earned before July 1, 2011, or
   60  for service earned under collective bargaining agreements in
   61  place before July 1, 2011, the total cash remuneration including
   62  “overtime” paid by the primary employer to a police officer for
   63  services rendered, which overtime payments for use in retirement
   64  benefit calculations may be limited in a local law plan under
   65  applicable law before July 1, 2011, but not including any
   66  payments for extra duty or special detail work performed on
   67  behalf of a second party employer. A local law plan may limit
   68  the amount of overtime payments which can be used for retirement
   69  benefit calculation purposes; however, such overtime limit may
   70  not be less than 300 hours per officer per calendar year. For
   71  noncollectively bargained service earned on or after July 1,
   72  2011, or for service earned under collective bargaining
   73  agreements entered into on or after July 1, 2011, the term has
   74  the same meaning except that when calculating retirement
   75  benefits, up to 300 hours per year in overtime compensation may
   76  be included as specified in the plan or collective bargaining
   77  agreement, but payments for accrued unused sick or annual leave
   78  may not be included.
   79         (a) Any retirement trust fund or plan that meets the
   80  requirements of this chapter does not, solely by virtue of this
   81  subsection, reduce or diminish the monthly retirement income
   82  otherwise payable to each police officer covered by the
   83  retirement trust fund or plan.
   84         (b) The member’s compensation or salary contributed as
   85  employee-elective salary reductions or deferrals to any salary
   86  reduction, deferred compensation, or tax-sheltered annuity
   87  program authorized under the Internal Revenue Code shall be
   88  deemed to be the compensation or salary the member would receive
   89  if he or she were not participating in such program and shall be
   90  treated as compensation for retirement purposes under this
   91  chapter.
   92         (c) For any person who first becomes a member in any plan
   93  year beginning on or after January 1, 1996, compensation for
   94  that plan year may not include any amounts in excess of the
   95  Internal Revenue Code s. 401(a)(17) limitation, as amended by
   96  the Omnibus Budget Reconciliation Act of 1993, which limitation
   97  of $150,000 shall be adjusted as required by federal law for
   98  qualified government plans and shall be further adjusted for
   99  changes in the cost of living in the manner provided by Internal
  100  Revenue Code s. 401(a)(17)(B). For any person who first became a
  101  member before the first plan year beginning on or after January
  102  1, 1996, the limitation on compensation may not be less than the
  103  maximum compensation amount that was allowed to be taken into
  104  account under the plan as in effect on July 1, 1993, which
  105  limitation shall be adjusted for changes in the cost of living
  106  since 1989 in the manner provided by Internal Revenue Code s.
  107  401(a)(17)(1991).
  108         (7)(5) “Creditable service” or “credited service” means the
  109  aggregate number of years of service and fractional parts of
  110  years of service of any police officer, omitting intervening
  111  years and fractional parts of years when such police officer may
  112  not have been employed by the municipality subject to the
  113  following conditions:
  114         (a) A No police officer may not will receive credit for
  115  years or fractional parts of years of service if he or she has
  116  withdrawn his or her contributions to the fund for those years
  117  or fractional parts of years of service, unless the police
  118  officer repays into the fund the amount he or she has withdrawn,
  119  plus interest as determined by the board. The member has shall
  120  have at least 90 days after his or her reemployment to make
  121  repayment.
  122         (b) A police officer may voluntarily leave his or her
  123  contributions in the fund for a period of 5 years after leaving
  124  the employ of the police department, pending the possibility of
  125  his or her being rehired by the same department, without losing
  126  credit for the time he or she has participated actively as a
  127  police officer. If he or she is not reemployed as a police
  128  officer with the same department within 5 years, his or her
  129  contributions shall be returned to him or her without interest.
  130         (c) Credited service under this chapter shall be provided
  131  only for service as a police officer, as defined in subsection
  132  (11), or for military service and may not include credit for any
  133  other type of service. A municipality may, by local ordinance,
  134  may provide for the purchase of credit for military service
  135  occurring before employment as well as prior service as a police
  136  officer for some other employer as long as the police officer is
  137  not entitled to receive a benefit for such other prior service
  138  as a police officer. For purposes of determining credit for
  139  prior service, in addition to service as a police officer in
  140  this state, credit may be given for federal, other state, or
  141  county service as long as such service is recognized by the
  142  Criminal Justice Standards and Training Commission within the
  143  Department of Law Enforcement as provided in under chapter 943
  144  or the police officer provides proof to the board of trustees
  145  that such service is equivalent to the service required to meet
  146  the definition of a police officer under subsection (16) (11).
  147         (d) In determining the creditable service of a any police
  148  officer, credit for up to 5 years of the time spent in the
  149  military service of the Armed Forces of the United States shall
  150  be added to the years of actual service, if:
  151         1. The police officer is in the active employ of the
  152  municipality before prior to such service and leaves a position,
  153  other than a temporary position, for the purpose of voluntary or
  154  involuntary service in the Armed Forces of the United States.
  155         2. The police officer is entitled to reemployment under the
  156  provisions of the Uniformed Services Employment and Reemployment
  157  Rights Act.
  158         3. The police officer returns to his or her employment as a
  159  police officer of the municipality within 1 year after from the
  160  date of his or her release from such active service.
  161         (8)(6) “Deferred Retirement Option Plan” or “DROP” means a
  162  local law plan retirement option in which a police officer may
  163  elect to participate. A police officer may retire for all
  164  purposes of the plan and defer receipt of retirement benefits
  165  into a DROP account while continuing employment with his or her
  166  employer. However, a police officer who enters the DROP and who
  167  is otherwise eligible to participate may shall not thereby be
  168  precluded from participation or continued participation
  169  participating, or continuing to participate, in a supplemental
  170  plan in existence on, or created after, March 12, 1999 the
  171  effective date of this act.
  172         (9) “Defined contribution plan” means the component of a
  173  local law plan, as provided in s. 185.35(1), to which deposits,
  174  if any, are made to provide benefits for police officers, or for
  175  police officers and firefighters if both are included. Such
  176  component is an element of a local law plan and exists in
  177  conjunction with the defined benefit component that meets the
  178  minimum benefits and minimum standards of this chapter. The
  179  retirement benefits, if any, of the defined contribution plan
  180  shall be provided through individual member accounts in
  181  accordance with the applicable provisions of the Internal
  182  Revenue Code and related regulations and are limited to the
  183  contributions, if any, made into each member’s account and the
  184  actual accumulated earnings, net of expenses, earned on the
  185  member’s account.
  186         (10)(7) “Division” means the Division of Retirement of the
  187  Department of Management Services.
  188         (11)(8) “Enrolled actuary” means an actuary who is enrolled
  189  under Subtitle C of Title III of the Employee Retirement Income
  190  Security Act of 1974 and who is a member of the Society of
  191  Actuaries or the American Academy of Actuaries.
  192         (12)(9) “Local law municipality” means is any municipality
  193  in which there exists a local law plan exists.
  194         (13)(10) “Local law plan” means a retirement defined
  195  benefit pension plan, which includes both a defined benefit plan
  196  component and a defined contribution plan component, for police
  197  officers, or for police officers and firefighters if both are,
  198  where included, as described in s. 185.35, established by
  199  municipal ordinance or special act of the Legislature, which
  200  enactment sets forth all plan provisions. Local law plan
  201  provisions may vary from the provisions of this chapter if the,
  202  provided that required minimum benefits and minimum standards of
  203  this chapter are met. However, any such variance must shall
  204  provide a greater benefit for police officers. Actuarial
  205  valuations of local law plans shall be conducted by an enrolled
  206  actuary as provided in s. 185.221(2)(b).
  207         (14) “Minimum benefits” means the benefits set forth in ss.
  208  185.01-185.341 and ss. 185.37-185.50.
  209         (15) “Minimum standards” means the standards set forth in
  210  ss. 185.01-185.341 and ss. 185.37-185.50.
  211         (16)(11) “Police officer” means any person who is elected,
  212  appointed, or employed full time by a any municipality, who is
  213  certified or required to be certified as a law enforcement
  214  officer in compliance with s. 943.1395, who is vested with
  215  authority to bear arms and make arrests, and whose primary
  216  responsibility is the prevention and detection of crime or the
  217  enforcement of the penal, criminal, traffic, or highway laws of
  218  the state. The term This definition includes all certified
  219  supervisory and command personnel whose duties include, in whole
  220  or in part, the supervision, training, guidance, and management
  221  responsibilities of full-time law enforcement officers, part
  222  time law enforcement officers, or auxiliary law enforcement
  223  officers, but does not include part-time law enforcement
  224  officers or auxiliary law enforcement officers as those terms
  225  the same are defined in s. 943.10(6) and (8), respectively. For
  226  the purposes of this chapter only, the term also includes
  227  “police officer” also shall include a public safety officer who
  228  is responsible for performing both police and fire services. Any
  229  plan may provide that the police chief shall have an option to
  230  participate, or not, in that plan.
  231         (17)(12) “Police Officers’ Retirement Trust Fund” means a
  232  trust fund, by whatever name known, as provided under s. 185.03
  233  for the purpose of assisting municipalities in establishing and
  234  maintaining a retirement plan for police officers.
  235         (18)(13) “Retiree” or “retired police officer” means a
  236  police officer who has entered retirement status. For the
  237  purposes of a plan that includes a Deferred Retirement Option
  238  Plan (DROP), a police officer who enters the DROP is shall be
  239  considered a retiree for all purposes of the plan. However, a
  240  police officer who enters the DROP and who is otherwise eligible
  241  to participate may shall not thereby be precluded from
  242  participating, or continuing to participate, in a supplemental
  243  plan in existence on, or created after, March 12, 1999 the
  244  effective date of this act.
  245         (19)(14) “Retirement” means a police officer’s separation
  246  from municipal city employment as a police officer with
  247  immediate eligibility for receipt of benefits under the plan.
  248  For purposes of a plan that includes a Deferred Retirement
  249  Option Plan (DROP), “retirement” means the date a police officer
  250  enters the DROP.
  251         (20) “Special act plan” means a plan subject to the
  252  provisions of this chapter which was created by an act of the
  253  Legislature and continues to require an act of the Legislature
  254  to alter plan benefits.
  255         (21) “Special benefits” means benefits provided in a
  256  defined contribution plan for police officers.
  257         (22)(15) “Supplemental plan” means a plan to which deposits
  258  of the premium tax moneys as provided in s. 185.08 are made to
  259  provide extra benefits to police officers, or police officers
  260  and firefighters if both are where included, under this chapter.
  261  Such a plan is an element of a local law plan and exists in
  262  conjunction with a defined benefit component plan that meets the
  263  minimum benefits and minimum standards of this chapter. Any
  264  supplemental plan in existence on March 1, 2014, shall be deemed
  265  to be a defined contribution plan in compliance with s.
  266  185.35(6).
  267         (23)(16) “Supplemental plan municipality” means a any local
  268  law municipality in which there existed a supplemental plan
  269  existed as of December 1, 2000.
  270         Section 9. Subsection (6) of section 185.06, Florida
  271  Statutes, is amended to read:
  272         185.06 General powers and duties of board of trustees.—For
  273  any municipality, chapter plan, local law municipality, or local
  274  law plan under this chapter:
  275         (6) To assist the board in meeting its responsibilities
  276  under this chapter, the board, if it so elects, may:
  277         (a) Employ independent legal counsel at the pension fund’s
  278  expense.
  279         (b) Employ an independent enrolled actuary, as defined in
  280  s. 185.02(8), at the pension fund’s expense.
  281         (c) Employ such independent professional, technical, or
  282  other advisers as it deems necessary at the pension fund’s
  283  expense.
  284  
  285  If the board chooses to use the municipality’s or special
  286  district’s legal counsel or actuary, or chooses to use any of
  287  the municipality’s other professional, technical, or other
  288  advisers, it must do so only under terms and conditions
  289  acceptable to the board.
  290         Section 10. Paragraph (d) of subsection (1) of section
  291  185.07, Florida Statutes, is amended to read:
  292         185.07 Creation and maintenance of fund.—For any
  293  municipality, chapter plan, local law municipality, or local law
  294  plan under this chapter:
  295         (1) The municipal police officers’ retirement trust fund in
  296  each municipality described in s. 185.03 shall be created and
  297  maintained in the following manner:
  298         (d) By payment by the municipality or other sources of a
  299  sum equal to the normal cost and the amount required to fund any
  300  actuarial deficiency shown by an actuarial valuation conducted
  301  under as provided in part VII of chapter 112 after taking into
  302  account the amounts described in paragraphs (b), (c), (e), (f),
  303  and (g) and the tax proceeds described in paragraph (a) which
  304  must be used to fund defined benefit plan benefits.
  305  
  306  Nothing in this section shall be construed to require adjustment
  307  of member contribution rates in effect on the date this act
  308  becomes a law, including rates that exceed 5 percent of salary,
  309  provided that such rates are at least one-half of 1 percent of
  310  salary.
  311         Section 11. Subsection (2) of section 185.16, Florida
  312  Statutes, is amended to read:
  313         185.16 Requirements for retirement.—For any municipality,
  314  chapter plan, local law municipality, or local law plan under
  315  this chapter, any police officer who completes 10 or more years
  316  of creditable service as a police officer and attains age 55, or
  317  completes 25 years of creditable service as a police officer and
  318  attains age 52, and for such period has been a member of the
  319  retirement fund is eligible for normal retirement benefits.
  320  Normal retirement under the plan is retirement from the service
  321  of the city on or after the normal retirement date. In such
  322  event, for chapter plans and local law plans, payment of
  323  retirement income will be governed by the following provisions
  324  of this section:
  325         (2) The amount of the monthly retirement income payable to
  326  a police officer who retires on or after his or her normal
  327  retirement date shall be an amount equal to the number of the
  328  police officer’s years of credited service multiplied by 2.75 2
  329  percent of his or her average final compensation. However, if
  330  current state contributions pursuant to this chapter are not
  331  adequate to fund the additional benefits to meet the minimum
  332  requirements in this chapter, only increment increases shall be
  333  required as state moneys are adequate to provide. Such
  334  increments shall be provided as state moneys become available.
  335         (a)Effective July 1, 2014, a plan that is in compliance
  336  with this chapter except that the plan provides a benefit that
  337  is less than 2.75 percent of the average final compensation of a
  338  police officer, as defined in section 185.16(2)(a), must
  339  maintain, at a minimum, the percentage amount in effect on July
  340  1, 2014, and is not required to increase the benefit to 2.75
  341  percent of the average final compensation of a police officer.
  342         (b)Effective July 1, 2014, a plan that is in compliance
  343  with this chapter except that the plan provides a benefit that
  344  is less than 2.75 percent of the average final compensation of a
  345  police officer, as defined in section 185.16(2)(a), and that
  346  changes its accrual rate to 2.75 percent, or greater, of the
  347  average final compensation of a police officer, as defined in
  348  section 185.16(2)(a), may not thereafter decrease the accrual
  349  rate to less than 2.75 percent of the average final compensation
  350  of a police officer as defined in section 185.16(2)(a).
  351         Section 12. Section 185.35, Florida Statutes, is amended to
  352  read:
  353         185.35 Municipalities that have having their own retirement
  354  pension plans for police officers.—For any municipality, chapter
  355  plan, local law municipality, or local law plan under this
  356  chapter, In order for a municipality that has its municipalities
  357  with their own retirement plan pension plans for police
  358  officers, or for police officers and firefighters if both are
  359  included, to participate in the distribution of the tax fund
  360  established under pursuant to s. 185.08, a local law plan and
  361  its plan sponsor plans must meet the minimum benefits and
  362  minimum standards set forth in this chapter:
  363         (1) If a municipality has a retirement pension plan for
  364  police officers, or for police officers and firefighters if both
  365  are included, which, in the opinion of the division, meets the
  366  minimum benefits and minimum standards set forth in this
  367  chapter, the board of trustees of the pension plan must, as
  368  approved by a majority of police officers of the municipality,
  369  may:
  370         (a) place the income from the premium tax in s. 185.08 in
  371  such pension plan for the sole and exclusive use of its police
  372  officers, or its police officers and firefighters if both are
  373  included, where it shall become an integral part of that pension
  374  plan and shall be used to fund benefits as provided herein.
  375  Effective October 1, 2014, for noncollectively bargained service
  376  or upon entering into a collective bargaining agreement on or
  377  after July 1, 2014:
  378         (a) The base premium tax revenues must be used to fund
  379  minimum benefits or other retirement benefits in excess of the
  380  minimum benefits as determined by the municipality.
  381         (b) Of the additional premium tax revenues received which
  382  are in excess of the amount received for the 2013 calendar year,
  383  50 percent must be used to fund minimum benefits or other
  384  retirement benefits in excess of the minimum benefits as
  385  determined by the municipality, and 50 percent must be placed in
  386  a defined contribution plan to fund special benefits.
  387         (c) Additional premium tax revenues not described in
  388  paragraph (b) must be used to fund benefits that are not
  389  included in the minimum benefits.
  390         (d) Any accumulations of additional tax revenues which have
  391  not been applied to fund benefits in excess of the minimum
  392  benefits or applied to fund a supplemental plan shall be used to
  393  fund special benefits pay extra benefits to the police officers
  394  included in that pension plan; or
  395         (b) May place the income from the premium tax in s. 185.08
  396  in a separate supplemental plan to pay extra benefits to the
  397  police officers, or police officers and firefighters if
  398  included, participating in such separate supplemental plan.
  399         (e) For a plan created after March 1, 2014, 50 percent of
  400  the insurance premium tax revenues shall be used to fund defined
  401  benefit plan component benefits, with the remainder used to fund
  402  defined contribution plan component benefits.
  403         (f) If a plan offers benefits in excess of the minimum
  404  benefits, excluding supplemental plan benefits in effect as of
  405  September 30, 2013, such benefits may be reduced if the plan
  406  continues to meet the minimum benefits and the minimum standards
  407  set forth in this chapter. The amount of insurance premium tax
  408  revenues previously used to fund benefits in excess of the
  409  minimum benefits, excluding supplemental plan benefits in effect
  410  as of September 30, 2013, before the reduction must be used as
  411  provided in paragraph (b). However, benefits in excess of the
  412  minimum benefits may not be reduced if a plan does not meet the
  413  minimum accrual rate of 2.75 percent, or greater, of the average
  414  final compensation of a police officer, as defined in section
  415  185.16(2)(a).
  416         (g) Notwithstanding any other provisions of this
  417  subsection, the use of premium tax revenues, including any
  418  accumulations of additional tax revenues which have not been
  419  applied to fund benefits in excess of the minimum benefits, may
  420  deviate from the provisions of this subsection by mutual consent
  421  of the members’ collective bargaining representative or, if
  422  none, by majority consent of the police office members of the
  423  fund, and by consent of the municipality, provided that the plan
  424  continues to meet the minimum benefits and minimum standards of
  425  this chapter. Such mutually agreed deviation shall continue
  426  until modified or revoked by subsequent mutual consent of the
  427  members’ collective bargaining representative or, if none, by a
  428  majority of the police office members of the fund, and the
  429  municipality. A special act plan or a plan within a supplemental
  430  plan municipality shall be considered to have mutually consented
  431  to such deviation as of July 1 ,2014, regarding the existing
  432  arrangement on the use of premium tax revenues.
  433         (2) The premium tax provided by this chapter shall in all
  434  cases be used in its entirety to provide retirement extra
  435  benefits to police officers, or to police officers and
  436  firefighters if both are included. However, local law plans in
  437  effect on October 1, 1998, must comply with the minimum benefit
  438  provisions of this chapter only to the extent that additional
  439  premium tax revenues become available to incrementally fund the
  440  cost of such compliance as provided in s. 185.16(2). If a plan
  441  is in compliance with such minimum benefit provisions, as
  442  subsequent additional tax revenues become available, they shall
  443  be used to provide extra benefits. Local law plans created by
  444  special act before May 27, 1939, shall be deemed to comply with
  445  this chapter. For the purpose of this chapter, the term:
  446         (a) “Additional premium tax revenues” means revenues
  447  received by a municipality pursuant to s. 185.10 which exceed
  448  the amount received for calendar year 1997.
  449         (b) “Extra benefits” means benefits in addition to or
  450  greater than those provided to general employees of the
  451  municipality and in addition to those in existence for police
  452  officers on March 12, 1999.
  453         (3) A retirement plan or amendment to a retirement plan may
  454  not be proposed for adoption unless the proposed plan or
  455  amendment contains an actuarial estimate of the costs involved.
  456  Such proposed plan or proposed plan change may not be adopted
  457  without the approval of the municipality or, where required
  458  permitted, the Legislature. Copies of the proposed plan or
  459  proposed plan change and the actuarial impact statement of the
  460  proposed plan or proposed plan change shall be furnished to the
  461  division before the last public hearing on the proposal is held
  462  thereon. Such statement must also indicate whether the proposed
  463  plan or proposed plan change is in compliance with s. 14, Art. X
  464  of the State Constitution and those provisions of part VII of
  465  chapter 112 which are not expressly provided in this chapter.
  466  Notwithstanding any other provision, only those local law plans
  467  created by special act of legislation before May 27, 1939, are
  468  deemed to meet the minimum benefits and minimum standards only
  469  in this chapter.
  470         (4) Notwithstanding any other provision, with respect to
  471  any supplemental plan municipality:
  472         (a) Section 185.02(6)(a) 185.02(4)(a) does not apply, and a
  473  local law plan and a supplemental plan may continue to use their
  474  definition of compensation or salary in existence on March 12,
  475  1999.
  476         (b) A local law plan and a supplemental plan must continue
  477  to be administered by a board or boards of trustees numbered,
  478  constituted, and selected as the board or boards were numbered,
  479  constituted, and selected on December 1, 2000.
  480         (c) The election set forth in paragraph (1)(b) is deemed to
  481  have been made.
  482         (5) The retirement plan setting forth the benefits and the
  483  trust agreement, if any, covering the duties and
  484  responsibilities of the trustees and the regulations of the
  485  investment of funds must be in writing and copies made available
  486  to the participants and to the general public.
  487         (6) In addition to the defined benefit component of the
  488  local law plan, each plan sponsor must have a defined
  489  contribution plan component within the local law plan by October
  490  1, 2014, upon entering into a collective bargaining agreement on
  491  or after July 1, 2014, or upon the creation date of a new
  492  participating plan. Depending upon the application of subsection
  493  (1), a defined contribution component may or may not receive any
  494  funding.
  495         (7) Notwithstanding any other provision of this chapter, a
  496  municipality that has implemented or proposed changes to a local
  497  law plan based on the municipality’s reliance on an
  498  interpretation of this chapter by the department on or after
  499  August 14, 2012, and before March 4, 2014, may continue the
  500  implemented changes or continue to implement proposed changes.
  501  Such reliance must be evidenced by a written collective
  502  bargaining proposal or agreement, or formal correspondence
  503  between the municipality and the department which describes the
  504  specific changes to the local law plan, with the initial
  505  proposal, agreement, or correspondence from the municipality
  506  dated before March 4, 2014. Changes to the local law plan which
  507  are otherwise contrary to the minimum benefits and minimum
  508  standards of this chapter may continue in effect until the
  509  earlier of October 1, 2017, or the effective date of a
  510  collective bargaining agreement that is contrary to the changes
  511  to the local law plan.
  512  
  513  ================= T I T L E  A M E N D M E N T ================
  514  And the title is amended as follows:
  515         Delete lines 34 - 51
  516  and insert:
  517         by the act and adding new definitions; revising
  518         applicability of the limitation on the amount of
  519         overtime payments which may be used for retirement
  520         benefit calculations; amending s. 185.06, F.S.;
  521         conforming a cross-reference; amending s. 185.07,
  522         F.S.; revising the method of creating and maintaining
  523         a police officers’ retirement trust fund; amending s.
  524         185.16, F.S.; deleting a provision basing the
  525         availability of additional benefits in a police
  526         officer pension plan upon state funding; revising the
  527         calculation of monthly retirement income for a police
  528         officer; providing that certain police officer pension
  529         plans must maintain a certain minimum percentage of
  530         average final compensation after a specified date;
  531         amending s. 185.35, F.S., relating to municipalities
  532         that have their own pension plans for police officers
  533         and want to participate in the distribution of a tax
  534         fund; conforming a cross-reference; revising criteria
  535         governing the use of revenues from the premium tax;
  536         authorizing a plan to reduce excess benefits if the
  537         plan continues to meet certain minimum benefits and
  538         minimum standards; providing that the use of premium
  539         tax revenues may deviate from the requirements of ch.
  540         185, F.S., under specified circumstances;