Florida Senate - 2015 SB 1160 By Senator Richter 23-00621-15 20151160__ 1 A bill to be entitled 2 An act relating to firefighter and municipal police 3 pensions; amending ss. 175.351 and 185.35, F.S.; 4 providing that placement of premium tax income into a 5 separate supplemental plan is subject to approval by a 6 municipality or special fire control district; 7 authorizing the use of premium tax revenues to provide 8 benefits through a defined benefit or defined 9 contribution retirement plan; specifying the 10 applicability of part II of ch. 447, F.S.; declaring 11 an important state interest; providing an effective 12 date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Subsections (1) and (2) of section 175.351, 17 Florida Statutes, are amended to read: 18 175.351 Municipalities and special fire control districts 19 having their own pension plans for firefighters.—For any 20 municipality, special fire control district, local law 21 municipality, local law special fire control district, or local 22 law plan under this chapter, in order for municipalities and 23 special fire control districts with their own pension plans for 24 firefighters, or for firefighters and police officers if 25 included, to participate in the distribution of the tax fund 26 established pursuant to s. 175.101, local law plans must meet 27 the minimum benefits and minimum standards set forth in this 28 chapter. 29 (1) If a municipality has a pension plan for firefighters, 30 or a pension plan for firefighters and police officers if 31 included, which in the opinion of the division meets the minimum 32 benefits and minimum standards set forth in this chapter, the 33 board of trustees of the pension plan, as approved by a majority 34 of firefighters of the municipality, may: 35 (a) Place the income from the premium tax in s. 175.101 in 36 such pension plan for the sole and exclusive use of its 37 firefighters, or for firefighters and police officers if 38 included, where it shall become an integral part of that pension 39 plan and shall be used to pay extra benefits to the firefighters 40 included in that pension plan; or 41 (b) Subject to the approval of the municipality or special 42 fire control district, place the income from the premium tax in 43 s. 175.101 in a separate supplemental plan to pay extra benefits 44 to firefighters, or to firefighters and police officers if 45 included, participating in such separate supplemental plan. 46 (2) The premium tax provided by this chapter shall in all 47 cases be used in its entirety to provide extra benefits to 48 firefighters, or to firefighters and police officers if 49 included. Premium tax revenues may be used to provide benefits 50 in a defined benefit or a defined contribution retirement plan. 51 Retirement benefits, employee contributions, and the use of 52 premium tax revenues provided pursuant to this chapter are 53 subject to the collective bargaining procedures set forth in 54 part II of chapter 447, if the participating firefighters and 55 police officers are members of a bargaining unit represented by 56 an employee organization. However, local law plans in effect on 57 October 1, 1998, must comply with the minimum benefit provisions 58 of this chapter only to the extent that additional premium tax 59 revenues become available to incrementally fund the cost of such 60 compliance as provided in s. 175.162(2)(a). If a plan is in 61 compliance with such minimum benefit provisions, as subsequent 62 additional premium tax revenues become available, they must be 63 used to provide extra benefits. Local law plans created by 64 special act before May 27, 1939, are deemed to comply with this 65 chapter. For the purpose of this chapter, the term: 66 (a) “Additional premium tax revenues” means revenues 67 received by a municipality or special fire control district 68 pursuant to s. 175.121 which exceed that amount received for 69 calendar year 1997. 70 (b) “Extra benefits” means benefits in addition to or 71 greater than those provided to general employees of the 72 municipality and in addition to those in existence for 73 firefighters on March 12, 1999. 74 Section 2. Subsections (1) and (2) of section 185.35, 75 Florida Statutes, are amended to read: 76 185.35 Municipalities having their own pension plans for 77 police officers.—For any municipality, chapter plan, local law 78 municipality, or local law plan under this chapter, in order for 79 municipalities with their own pension plans for police officers, 80 or for police officers and firefighters if included, to 81 participate in the distribution of the tax fund established 82 pursuant to s. 185.08, local law plans must meet the minimum 83 benefits and minimum standards set forth in this chapter: 84 (1) If a municipality has a pension plan for police 85 officers, or for police officers and firefighters if included, 86 which, in the opinion of the division, meets the minimum 87 benefits and minimum standards set forth in this chapter, the 88 board of trustees of the pension plan, as approved by a majority 89 of police officers of the municipality, may: 90 (a) Place the income from the premium tax in s. 185.08 in 91 such pension plan for the sole and exclusive use of its police 92 officers, or its police officers and firefighters if included, 93 where it shall become an integral part of that pension plan and 94 shall be used to pay extra benefits to the police officers 95 included in that pension plan; or 96 (b) Subject to the approval of the municipality,mayplace 97 the income from the premium tax in s. 185.08 in a separate 98 supplemental plan to pay extra benefits to the police officers, 99 or police officers and firefighters if included, participating 100 in such separate supplemental plan. 101 (2) The premium tax provided by this chapter shall in all 102 cases be used in its entirety to provide extra benefits to 103 police officers, or to police officers and firefighters if 104 included. Premium tax revenues may be used to provide benefits 105 in a defined benefit or a defined contribution retirement plan. 106 Retirement benefits, employee contributions, and the use of 107 premium tax revenues provided pursuant to this chapter are 108 subject to the collective bargaining procedures set forth in 109 part II of chapter 447, if the participating police officers and 110 firefighters are members of a bargaining unit represented by an 111 employee organization. However, local law plans in effect on 112 October 1, 1998, must comply with the minimum benefit provisions 113 of this chapter only to the extent that additional premium tax 114 revenues become available to incrementally fund the cost of such 115 compliance as provided in s. 185.16(2). If a plan is in 116 compliance with such minimum benefit provisions, as subsequent 117 additional tax revenues become available, they shall be used to 118 provide extra benefits. Local law plans created by special act 119 before May 27, 1939, shall be deemed to comply with this 120 chapter. For the purpose of this chapter, the term: 121 (a) “Additional premium tax revenues” means revenues 122 received by a municipality pursuant to s. 185.10 which exceed 123 the amount received for calendar year 1997. 124 (b) “Extra benefits” means benefits in addition to or 125 greater than those provided to general employees of the 126 municipality and in addition to those in existence for police 127 officers on March 12, 1999. 128 Section 3. The Legislature finds that a proper and 129 legitimate state purpose is served when employees and retirees 130 of this state and its political subdivisions, and the 131 dependents, survivors, and beneficiaries of such employees and 132 retirees, are extended the basic protections afforded by 133 governmental retirement systems that provide fair and adequate 134 benefits and that are managed, administered, and funded in an 135 actuarially sound manner as required under s. 14, Article X of 136 the State Constitution and part VII of chapter 112, Florida 137 Statutes. Therefore, the Legislature determines and declares 138 that this act fulfills an important state interest. 139 Section 4. This act shall take effect October 1, 2015.