Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 246
Ì835150vÎ835150
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/11/2014 .
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following:
1 Senate Substitute for Amendment (966054) (with title
2 amendment)
3
4 Delete lines 61 - 624
5 and insert:
6 Section 1. Subsection (2) of section 175.021, Florida
7 Statutes, is amended to read:
8 175.021 Legislative declaration.—
9 (2) This chapter hereby establishes, for all municipal and
10 special district pension plans existing now or hereafter under
11 this chapter, including chapter plans and local law plans,
12 minimum benefits and minimum standards for the operation and
13 funding of such plans, hereinafter referred to as firefighters’
14 pension trust funds, which must be met as a condition precedent
15 to the plan or plan sponsor receiving a distribution of
16 insurance premium tax revenues under s. 175.121. The minimum
17 benefits and minimum standards for each plan as set forth in
18 this chapter may not be diminished by local charter, ordinance,
19 or resolution or by special act of the Legislature and may not,
20 nor may the minimum benefits or minimum standards be reduced or
21 offset by any other local, state, or federal law that includes
22 may include firefighters in its operation, except as provided
23 under s. 112.65.
24 Section 2. Section 175.032, Florida Statutes, is amended to
25 read:
26 175.032 Definitions.—For any municipality, special fire
27 control district, chapter plan, local law municipality, local
28 law special fire control district, or local law plan under this
29 chapter, the term following words and phrases have the following
30 meanings:
31 (1) “Additional premium tax revenues” means revenues
32 received by a municipality or special fire control district
33 pursuant to s. 175.121 which exceed base premium tax revenues.
34 (2)(1)(a) “Average final compensation” for:
35 (a) A full-time firefighter means one-twelfth of the
36 average annual compensation of the 5 best years of the last 10
37 years of creditable service before prior to retirement,
38 termination, or death, or the career average as a full-time
39 firefighter since July 1, 1953, whichever is greater. A year is
40 shall be 12 consecutive months or such other consecutive period
41 of time as is used and consistently applied.
42 (b) “Average final compensation” for A volunteer
43 firefighter means the average salary of the 5 best years of the
44 last 10 best contributing years before prior to change in status
45 to a permanent full-time firefighter or retirement as a
46 volunteer firefighter or the career average of a volunteer
47 firefighter, since July 1, 1953, whichever is greater.
48 (3) “Base premium tax revenues” means the revenues received
49 by a municipality or special fire control district pursuant to
50 s. 175.121 for the calendar year 1997.
51 (4)(2) “Chapter plan” means a separate defined benefit
52 pension plan for firefighters which incorporates by reference
53 the provisions of this chapter and has been adopted by the
54 governing body of a municipality or special district. Except as
55 may be specifically authorized in this chapter, the provisions
56 of a chapter plan may not differ from the plan provisions set
57 forth in ss. 175.021-175.341 and ss. 175.361-175.401. Actuarial
58 valuations of chapter plans shall be conducted by the division
59 as provided by s. 175.261(1).
60 (5)(3) “Compensation” or “salary” means, for
61 noncollectively bargained service earned before July 1, 2011, or
62 for service earned under collective bargaining agreements in
63 place before July 1, 2011, the fixed monthly remuneration paid a
64 firefighter. If remuneration is based on actual services
65 rendered, as in the case of a volunteer firefighter, the term
66 means the total cash remuneration received yearly for such
67 services, prorated on a monthly basis. For noncollectively
68 bargained service earned on or after July 1, 2011, or for
69 service earned under collective bargaining agreements entered
70 into on or after July 1, 2011, the term has the same meaning
71 except that when calculating retirement benefits, up to 300
72 hours per year in overtime compensation may be included as
73 specified in the plan or collective bargaining agreement, but
74 payments for accrued unused sick or annual leave may not be
75 included.
76 (a) Any retirement trust fund or plan that meets the
77 requirements of this chapter does not, solely by virtue of this
78 subsection, reduce or diminish the monthly retirement income
79 otherwise payable to each firefighter covered by the retirement
80 trust fund or plan.
81 (b) The member’s compensation or salary contributed as
82 employee-elective salary reductions or deferrals to any salary
83 reduction, deferred compensation, or tax-sheltered annuity
84 program authorized under the Internal Revenue Code shall be
85 deemed to be the compensation or salary the member would receive
86 if he or she were not participating in such program and shall be
87 treated as compensation for retirement purposes under this
88 chapter.
89 (c) For any person who first becomes a member in any plan
90 year beginning on or after January 1, 1996, compensation for
91 that plan year may not include any amounts in excess of the
92 Internal Revenue Code s. 401(a)(17) limitation, as amended by
93 the Omnibus Budget Reconciliation Act of 1993, which limitation
94 of $150,000 shall be adjusted as required by federal law for
95 qualified government plans and shall be further adjusted for
96 changes in the cost of living in the manner provided by Internal
97 Revenue Code s. 401(a)(17)(B). For any person who first became a
98 member before the first plan year beginning on or after January
99 1, 1996, the limitation on compensation may not be less than the
100 maximum compensation amount that was allowed to be taken into
101 account under the plan in effect on July 1, 1993, which
102 limitation shall be adjusted for changes in the cost of living
103 since 1989 in the manner provided by Internal Revenue Code s.
104 401(a)(17)(1991).
105 (6)(4) “Creditable service” or “credited service” means the
106 aggregate number of years of service, and fractional parts of
107 years of service, of any firefighter, omitting intervening years
108 and fractional parts of years when such firefighter may not have
109 been employed by the municipality or special fire control
110 district, subject to the following conditions:
111 (a) A No firefighter may not will receive credit for years
112 or fractional parts of years of service if he or she has
113 withdrawn his or her contributions to the fund for those years
114 or fractional parts of years of service, unless the firefighter
115 repays into the fund the amount he or she has withdrawn, plus
116 interest determined by the board. The member shall have at least
117 90 days after his or her reemployment to make repayment.
118 (b) A firefighter may voluntarily leave his or her
119 contributions in the fund for a period of 5 years after leaving
120 the employ of the fire department, pending the possibility of
121 being rehired by the same department, without losing credit for
122 the time he or she has participated actively as a firefighter.
123 If the firefighter is not reemployed as a firefighter, with the
124 same department, within 5 years, his or her contributions shall
125 be returned without interest.
126 (c) Credited service under this chapter shall be provided
127 only for service as a firefighter, as defined in subsection (8),
128 or for military service and does not include credit for any
129 other type of service. A municipality may, by local ordinance,
130 or a special fire control district may, by resolution, may
131 provide for the purchase of credit for military service prior to
132 employment as well as for prior service as a firefighter for
133 some other employer as long as a firefighter is not entitled to
134 receive a benefit for such prior service as a firefighter. For
135 purposes of determining credit for prior service as a
136 firefighter, in addition to service as a firefighter in this
137 state, credit may be given for federal, other state, or county
138 service if the prior service is recognized by the Division of
139 State Fire Marshal as provided in under chapter 633, or the
140 firefighter provides proof to the board of trustees that his or
141 her service is equivalent to the service required to meet the
142 definition of a firefighter under subsection (11) (8).
143 (d) In determining the creditable service of any
144 firefighter, credit for up to 5 years of the time spent in the
145 military service of the Armed Forces of the United States shall
146 be added to the years of actual service if:
147 1. The firefighter is in the active employ of an employer
148 immediately prior to such service and leaves a position, other
149 than a temporary position, for the purpose of voluntary or
150 involuntary service in the Armed Forces of the United States.
151 2. The firefighter is entitled to reemployment under the
152 provisions of the Uniformed Services Employment and Reemployment
153 Rights Act.
154 3. The firefighter returns to his or her employment as a
155 firefighter of the municipality or special fire control district
156 within 1 year from the date of release from such active service.
157 (7)(5) “Deferred Retirement Option Plan” or “DROP” means a
158 local law plan retirement option in which a firefighter may
159 elect to participate. A firefighter may retire for all purposes
160 of the plan and defer receipt of retirement benefits into a DROP
161 account while continuing employment with his or her employer.
162 However, a firefighter who enters the DROP and who is otherwise
163 eligible to participate may shall not thereby be precluded from
164 participation or continued participation participating, or
165 continuing to participate, in a supplemental plan in existence
166 on, or created after, March 12, 1999 the effective date of this
167 act.
168 (8) “Defined contribution plan” means the component of a
169 local law plan, as provided in s. 175.351(1), to which deposits,
170 if any, are made to provide benefits for firefighters, or for
171 firefighters and police officers if both are included. Such
172 component is an element of a local law plan and exists in
173 conjunction with the defined benefit component that meets the
174 minimum benefits and minimum standards of this chapter. The
175 retirement benefits, if any, of the defined contribution plan
176 shall be provided through individual member accounts in
177 accordance with the applicable provisions of the Internal
178 Revenue Code and related regulations and are limited to the
179 contributions, if any, made into each member’s account and the
180 actual accumulated earnings, net of expenses, earned on the
181 member’s account.
182 (9)(6) “Division” means the Division of Retirement of the
183 Department of Management Services.
184 (10)(7) “Enrolled actuary” means an actuary who is enrolled
185 under Subtitle C of Title III of the Employee Retirement Income
186 Security Act of 1974 and who is a member of the Society of
187 Actuaries or the American Academy of Actuaries.
188 (11)(8)(a) “Firefighter” means a person employed solely by
189 a constituted fire department of any municipality or special
190 fire control district who is certified as a firefighter as a
191 condition of employment in accordance with s. 633.408 and whose
192 duty it is to extinguish fires, to protect life, or to protect
193 property. The term includes all certified, supervisory, and
194 command personnel whose duties include, in whole or in part, the
195 supervision, training, guidance, and management responsibilities
196 of full-time firefighters, part-time firefighters, or auxiliary
197 firefighters but does not include part-time firefighters or
198 auxiliary firefighters. However, for purposes of this chapter
199 only, the term also includes public safety officers who are
200 responsible for performing both police and fire services, who
201 are certified as police officers or firefighters, and who are
202 certified by their employers to the Chief Financial Officer as
203 participating in this chapter before October 1, 1979. Effective
204 October 1, 1979, public safety officers who have not been
205 certified as participating in this chapter are considered police
206 officers for retirement purposes and are eligible to participate
207 in chapter 185. Any plan may provide that the fire chief has an
208 option to participate, or not, in that plan.
209 (b) “Volunteer firefighter” means any person whose name is
210 carried on the active membership roll of a constituted volunteer
211 fire department or a combination of a paid and volunteer fire
212 department of any municipality or special fire control district
213 and whose duty it is to extinguish fires, to protect life, and
214 to protect property. Compensation for services rendered by a
215 volunteer firefighter does shall not disqualify him or her as a
216 volunteer. A person may shall not be disqualified as a volunteer
217 firefighter solely because he or she has other gainful
218 employment. Any person who volunteers assistance at a fire but
219 is not an active member of a department described herein is not
220 a volunteer firefighter within the meaning of this paragraph.
221 (12)(9) “Firefighters’ Pension Trust Fund” means a trust
222 fund, by whatever name known, as provided under s. 175.041, for
223 the purpose of assisting municipalities and special fire control
224 districts in establishing and maintaining a retirement plan for
225 firefighters.
226 (13)(10) “Local law municipality” is any municipality in
227 which there exists a local law plan exists.
228 (14)(11) “Local law plan” means a retirement defined
229 benefit pension plan, which includes both a defined benefit plan
230 component and a defined contribution plan component, for
231 firefighters, or for firefighters and or police officers if both
232 are where included, as described in s. 175.351, established by
233 municipal ordinance, special district resolution, or special act
234 of the Legislature, which enactment sets forth all plan
235 provisions. Local law plan provisions may vary from the
236 provisions of this chapter if the, provided that required
237 minimum benefits and minimum standards of this chapter are met.
238 However, any such variance must shall provide a greater benefit
239 for firefighters. Actuarial valuations of local law plans shall
240 be conducted by an enrolled actuary as provided in s.
241 175.261(2).
242 (15)(12) “Local law special fire control district” means is
243 any special fire control district in which there exists a local
244 law plan exists.
245 (16) “Minimum benefits” means the benefits set forth in ss.
246 175.021-175.341 and ss. 175.361-175.401.
247 (17) “Minimum standards” means the standards set forth in
248 ss. 175.021-175.341 and ss. 175.361-175.401.
249 (18)(13) “Property insurance” means property insurance as
250 defined in s. 624.604 and covers real and personal property
251 within the corporate limits of a any municipality, or within the
252 boundaries of a any special fire control district, within the
253 state. The term “multiple peril” means a combination or package
254 policy that includes both property and casualty coverage for a
255 single premium.
256 (19)(14) “Retiree” or “retired firefighter” means a
257 firefighter who has entered retirement status. For the purposes
258 of a plan that includes a Deferred Retirement Option Plan
259 (DROP), a firefighter who enters the DROP is shall be considered
260 a retiree for all purposes of the plan. However, a firefighter
261 who enters the DROP and who is otherwise eligible to participate
262 may shall not thereby be precluded from participation or
263 continued participation participating, or continuing to
264 participate, in a supplemental plan in existence on, or created
265 after, March 12, 1999 the effective date of this act.
266 (20)(15) “Retirement” means a firefighter’s separation from
267 municipal city or fire district employment as a firefighter with
268 immediate eligibility for receipt of benefits under the plan.
269 For purposes of a plan that includes a Deferred Retirement
270 Option Plan (DROP), “retirement” means the date a firefighter
271 enters the DROP.
272 (21) “Special act plan” means a plan subject to the
273 provisions of this chapter which was created by an act of the
274 Legislature and continues to require an act of the Legislature
275 to alter plan benefits.
276 (22) “Special benefits” means benefits provided in a
277 defined contribution plan for firefighters.
278 (23)(16) “Special fire control district” means a special
279 district, as defined in s. 189.403(1), established for the
280 purposes of extinguishing fires, protecting life, and protecting
281 property within the incorporated or unincorporated portions of a
282 any county or combination of counties, or within any combination
283 of incorporated and unincorporated portions of a any county or
284 combination of counties. The term does not include any dependent
285 or independent special district, as those terms are defined in
286 s. 189.403, whose s. 189.403(2) and (3), respectively, the
287 employees of which are members of the Florida Retirement System
288 pursuant to s. 121.051(1) or (2).
289 (24)(17) “Supplemental plan” means a plan to which deposits
290 are made to provide extra benefits for firefighters, or for
291 firefighters and police officers if both are where included
292 under this chapter. Such a plan is an element of a local law
293 plan and exists in conjunction with a defined benefit component
294 plan that meets the minimum benefits and minimum standards of
295 this chapter. Any supplemental plan in existence on March 1,
296 2014, shall be deemed to be a defined contribution plan in
297 compliance with s. 175.351(6).
298 (25)(18) “Supplemental plan municipality” means a any local
299 law municipality in which any there existed a supplemental plan
300 existed, of any type or nature, as of December 1, 2000.
301 Section 3. Subsection (7) of section 175.071, Florida
302 Statutes, is amended to read:
303 175.071 General powers and duties of board of trustees.—For
304 any municipality, special fire control district, chapter plan,
305 local law municipality, local law special fire control district,
306 or local law plan under this chapter:
307 (7) To assist the board in meeting its responsibilities
308 under this chapter, the board, if it so elects, may:
309 (a) Employ independent legal counsel at the pension fund’s
310 expense.
311 (b) Employ an independent enrolled actuary, as defined in
312 s. 175.032(7), at the pension fund’s expense.
313 (c) Employ such independent professional, technical, or
314 other advisers as it deems necessary at the pension fund’s
315 expense.
316
317 If the board chooses to use the municipality’s or special
318 district’s legal counsel or actuary, or chooses to use any of
319 the municipality’s or special district’s other professional,
320 technical, or other advisers, it must do so only under terms and
321 conditions acceptable to the board.
322 Section 4. Paragraph (d) of subsection (1) of section
323 175.091, Florida Statutes, is amended to read:
324 175.091 Creation and maintenance of fund.—For any
325 municipality, special fire control district, chapter plan, local
326 law municipality, local law special fire control district, or
327 local law plan under this chapter:
328 (1) The firefighters’ pension trust fund in each
329 municipality and in each special fire control district shall be
330 created and maintained in the following manner:
331 (d) By mandatory payment by the municipality or special
332 fire control district of a sum equal to the normal cost of and
333 the amount required to fund any actuarial deficiency shown by an
334 actuarial valuation conducted under as provided in part VII of
335 chapter 112 after taking into account the amounts described in
336 paragraphs (b), (c), (e), (f), and (g) and the tax proceeds
337 described in paragraph (a) which are used to fund defined
338 benefit plan benefits.
339
340 Nothing in this section shall be construed to require adjustment
341 of member contribution rates in effect on the date this act
342 becomes a law, including rates that exceed 5 percent of salary,
343 provided that such rates are at least one-half of 1 percent of
344 salary.
345 Section 5. Paragraph (a) of subsection (2) of section
346 175.162, Florida Statutes, is amended to read:
347 175.162 Requirements for retirement.—For any municipality,
348 special fire control district, chapter plan, local law
349 municipality, local law special fire control district, or local
350 law plan under this chapter, any firefighter who completes 10 or
351 more years of creditable service as a firefighter and attains
352 age 55, or completes 25 years of creditable service as a
353 firefighter and attains age 52, and who for such minimum period
354 has been a member of the firefighters’ pension trust fund
355 operating under a chapter plan or local law plan, is eligible
356 for normal retirement benefits. Normal retirement under the plan
357 is retirement from the service of the municipality or special
358 fire control district on or after the normal retirement date. In
359 such event, payment of retirement income will be governed by the
360 following provisions of this section:
361 (2)(a)1. The amount of monthly retirement income payable to
362 a full-time firefighter who retires on or after his or her
363 normal retirement date shall be an amount equal to the number of
364 his or her years of credited service multiplied by 2.75 2
365 percent of his or her average final compensation as a full-time
366 firefighter. However, if current state contributions pursuant to
367 this chapter are not adequate to fund the additional benefits to
368 meet the minimum requirements in this chapter, only such
369 incremental increases shall be required as state moneys are
370 adequate to provide. Such increments shall be provided as state
371 moneys become available.
372 2. Effective July 1, 2014, a plan that is in compliance
373 with this chapter except that the plan provides a benefit that
374 is less than 2.75 percent of the average final compensation of a
375 full-time firefighter, as defined in section 175.162(2)(a)1.,
376 must maintain, at a minimum, the percentage amount in effect on
377 July 1, 2014, and is not required to increase the benefit to
378 2.75 percent of the average final compensation of a full-time
379 firefighter.
380 3. Effective July 1, 2014, a plan that is in compliance
381 with this chapter except that the plan provides a benefit that
382 is less than 2.75 percent of the average final compensation of a
383 full-time firefighter, as defined in section 175.162(2)(a)1.,
384 and that changes its accrual rate to 2.75 percent, or greater,
385 of the average final compensation of a full-time firefighter, as
386 defined in section 175.162(2)(a)1., may not thereafter decrease
387 the accrual rate to less than 2.75 percent of the average final
388 compensation of a full-time firefighter as defined in section
389 175.162(2)(a)1.
390 Section 6. Section 175.351, Florida Statutes, is amended to
391 read:
392 175.351 Municipalities and special fire control districts
393 that have having their own pension plans for firefighters.—For
394 any municipality, special fire control district, local law
395 municipality, local law special fire control district, or local
396 law plan under this chapter, In order for a municipality or
397 municipalities and special fire control district that has its
398 districts with their own pension plan plans for firefighters, or
399 for firefighters and police officers if both are included, to
400 participate in the distribution of the tax fund established
401 under pursuant to s. 175.101, a local law plan plans must meet
402 the minimum benefits and minimum standards set forth in this
403 chapter.
404 (1) If a municipality has a pension plan for firefighters,
405 or a pension plan for firefighters and police officers if both
406 are included, which in the opinion of the division meets the
407 minimum benefits and minimum standards set forth in this
408 chapter, the board of trustees of the pension plan must, as
409 approved by a majority of firefighters of the municipality, may:
410 (a) place the income from the premium tax in s. 175.101 in
411 such pension plan for the sole and exclusive use of its
412 firefighters, or for firefighters and police officers if both
413 are included, where it shall become an integral part of that
414 pension plan and shall be used to fund benefits as provided
415 herein. Effective October 1, 2014, for noncollectively bargained
416 service or upon entering into a collective bargaining agreement
417 on or after July 1, 2014:
418 (a) The base premium tax revenues must be used to fund
419 minimum benefits or other retirement benefits in excess of the
420 minimum benefits as determined by the municipality or special
421 fire control district.
422 (b) Of the additional premium tax revenues received which
423 are in excess of the amount received for the 2013 calendar year,
424 50 percent must be used to fund minimum benefits or other
425 retirement benefits in excess of the minimum benefits as
426 determined by the municipality or special fire control district,
427 and 50 percent must be placed in a defined contribution plan to
428 fund special benefits.
429 (c) Additional premium tax revenues not described in
430 paragraph (b) must be used to fund benefits that are not
431 included in the minimum benefits. If the additional premium tax
432 revenues subject to this paragraph exceed the full cost of
433 benefits provided through the plan which are in excess of the
434 minimum benefits, any amount in excess of the full cost must be
435 used as provided in paragraph (b).
436 (d) Any accumulations of additional premium tax revenues
437 which have not been applied to fund benefits in excess of the
438 minimum benefits may be allocated by mutual consent as provided
439 in paragraph (g). If such accumulations are not allocated by
440 mutual consent, 50 percent of the amount of the accumulations
441 must be used to fund special benefits and 50 percent must be
442 applied to fund any unfunded actuarial liabilities of the plan
443 to pay extra benefits to the firefighters included in that
444 pension plan; or
445 (b) Place the income from the premium tax in s. 175.101 in
446 a separate supplemental plan to pay extra benefits to
447 firefighters, or to firefighters and police officers if
448 included, participating in such separate supplemental plan.
449 (e) For a plan created after March 1, 2014, 50 percent of
450 the insurance premium tax revenues must be used to fund defined
451 benefit plan component benefits, with the remainder used to fund
452 defined contribution plan component benefits.
453 (f) If a plan offers benefits in excess of the minimum
454 benefits, excluding supplemental plan benefits in effect as of
455 September 30, 2013, such benefits may be reduced if the plan
456 continues to meet the minimum benefits and the minimum standards
457 set forth in this chapter. The amount of insurance premium tax
458 revenues previously used to fund benefits in excess of minimum
459 benefits, excluding supplemental plan benefits in effect as of
460 September 30, 2013, before the reduction must be used as
461 provided in paragraph (b). However, benefits in excess of the
462 minimum benefits may not be reduced if a plan does not meet the
463 minimum accrual rate of 2.75 percent, or greater, of the average
464 final compensation of a full-time firefighter, as defined in s.
465 175.162(2)(a)1.
466 (g) Notwithstanding any other provision of this subsection,
467 the use of premium tax revenues, including any accumulations of
468 additional tax revenues which have not been applied to fund
469 benefits in excess of the minimum benefits, may deviate from the
470 provisions of this subsection by mutual consent of the members’
471 collective bargaining representative or, if none, by majority
472 consent of the firefighter members of the fund, and by consent
473 of the municipality or special fire control district, provided
474 that the plan continues to meet the minimum benefits and minimum
475 standards of this chapter; however, a plan operating pursuant to
476 the provisions of this paragraph which does not meet a minimum
477 benefit as of October 1, 2012, may continue to provide the
478 benefit that does not meet the minimum benefit at the same
479 level, but not less than that level, as was provided as of
480 October 1, 2012, and all other benefit levels must continue to
481 meet the minimum benefits. Such mutually agreed deviation shall
482 continue until modified or revoked by subsequent mutual consent
483 of the members’ collective bargaining representative or, if
484 none, by a majority of the firefighter members of the fund, and
485 the municipality or special fire control district. A special act
486 plan or a plan within a supplemental plan municipality shall be
487 considered to have mutually consented to such deviation as of
488 July 1, 2014, regarding the existing arrangement on the use of
489 premium tax revenues.
490 (2) The premium tax provided by this chapter shall in all
491 cases be used in its entirety to provide retirement extra
492 benefits to firefighters, or to firefighters and police officers
493 if both are included. However, local law plans in effect on
494 October 1, 1998, must comply with the minimum benefit provisions
495 of this chapter only to the extent that additional premium tax
496 revenues become available to incrementally fund the cost of such
497 compliance as provided in s. 175.162(2)(a). If a plan is in
498 compliance with such minimum benefit provisions, as subsequent
499 additional premium tax revenues become available, they must be
500 used to provide extra benefits. Local law plans created by
501 special act before May 27, 1939, are deemed to comply with this
502 chapter. For the purpose of this chapter, the term:
503 (a) “Additional premium tax revenues” means revenues
504 received by a municipality or special fire control district
505 pursuant to s. 175.121 which exceed that amount received for
506 calendar year 1997.
507 (b) “Extra benefits” means benefits in addition to or
508 greater than those provided to general employees of the
509 municipality and in addition to those in existence for
510 firefighters on March 12, 1999.
511 (3) A retirement plan or amendment to a retirement plan may
512 not be proposed for adoption unless the proposed plan or
513 amendment contains an actuarial estimate of the costs involved.
514 Such proposed plan or proposed plan change may not be adopted
515 without the approval of the municipality, special fire control
516 district, or, where required permitted, the Legislature. Copies
517 of the proposed plan or proposed plan change and the actuarial
518 impact statement of the proposed plan or proposed plan change
519 shall be furnished to the division before the last public
520 hearing on the proposal is held thereon. Such statement must
521 also indicate whether the proposed plan or proposed plan change
522 is in compliance with s. 14, Art. X of the State Constitution
523 and those provisions of part VII of chapter 112 which are not
524 expressly provided in this chapter. Notwithstanding any other
525 provision, only those local law plans created by special act of
526 legislation before May 27, 1939, are deemed to meet the minimum
527 benefits and minimum standards only in this chapter.
528 (4) Notwithstanding any other provision, with respect to
529 any supplemental plan municipality:
530 (a) A local law plan and a supplemental plan may continue
531 to use their definition of compensation or salary in existence
532 on March 12, 1999.
533 (b) Section 175.061(1)(b) does not apply, and a local law
534 plan and a supplemental plan shall continue to be administered
535 by a board or boards of trustees numbered, constituted, and
536 selected as the board or boards were numbered, constituted, and
537 selected on December 1, 2000.
538 (c) The election set forth in paragraph (1)(b) is deemed to
539 have been made.
540 (5) The retirement plan setting forth the benefits and the
541 trust agreement, if any, covering the duties and
542 responsibilities of the trustees and the regulations of the
543 investment of funds must be in writing, and copies made
544 available to the participants and to the general public.
545 (6) In addition to the defined benefit component of the
546 local law plan, each plan sponsor must have a defined
547 contribution plan component within the local law plan by October
548 1, 2014, for noncollectively bargained service, upon entering
549 into a collective bargaining agreement on or after July 1, 2014,
550 or upon the creation date of a new participating plan. Depending
551 upon the application of subsection (1), a defined contribution
552 component may or may not receive any funding.
553 (7) Notwithstanding any other provision of this chapter, a
554 municipality or special fire control district that has
555 implemented or proposed changes to a local law plan based on the
556 municipality’s or district’s reliance on an interpretation of
557 this chapter by the department on or after August 14, 2012, and
558 before March 4, 2014, may continue the implemented changes or
559 continue to implement proposed changes. Such reliance must be
560 evidenced by a written collective bargaining proposal or
561 agreement, or formal correspondence between the municipality or
562 district and the department which describes the specific changes
563 to the local law plan, with the initial proposal, agreement, or
564 correspondence from the municipality or district dated before
565 March 4, 2014. Changes to the local law plan which are otherwise
566 contrary to the minimum benefits and minimum standards in this
567 chapter may continue in effect until the earlier of October 1,
568 2017, or the effective date of a collective bargaining agreement
569 that is contrary to the changes to the local law plan.
570
571 ================= T I T L E A M E N D M E N T ================
572 And the title is amended as follows:
573 Delete lines 11 - 24
574 and insert:
575 the method of creating and maintaining a firefighters’
576 pension trust fund; amending s. 175.162, F.S.;
577 deleting a provision basing the availability of
578 additional benefits in a firefighter pension plan upon
579 state funding; revising the calculation of monthly
580 retirement income for a full-time firefighter;
581 providing that certain firefighter pension plans must
582 maintain a certain minimum percentage of average final
583 compensation after a specified date; amending s.
584 175.351, F.S., relating to municipalities and special
585 fire control districts that have their own pension
586 plans and want to participate in the distribution of a
587 tax fund; revising criteria governing the use of
588 revenues from the premium tax; authorizing a pension
589 plan to reduce excess benefits if the plan continues
590 to meet certain minimum benefits and standards;
591 providing that the use of premium tax revenues may
592 deviate from the requirements of ch. 175, F.S., under
593 certain circumstances; requiring plan sponsors to have
594 a defined