HomeMy WebLinkAboutDocumentation_Pension General_Tab 22_05/03/2010 THE LAW OFFICES OF
PERRY & JENSEN, LLC
ANN H. PERRY BONNI SPATARA JENSEN
aperry@penyjensenlaw.com bsjensen @perryjensenlaw.com
MEMORANDUM
TO: Board of Trustees
VILLAGE OF TEQUESTA GENERAL EMPLOYEES' PENSION TRUST FUND
FROM: Bonni S. Jensen
THE LAW OFFICES OF PERRY & JENSEN, LLC
DATE: April, 2010
SUBJECT: State Legal Updates
The legislative session has been interesting so far as related to Public Sector
Pensions. Below is a discussion of some bills that impact governmental pension plans.
Please contact me if you have any questions regarding this matter.
Update - SB 1902 RELATING TO PUBLIC RETIREMENT PLANS
Senate Bill 1902 has been substantially revised in the Community Affairs Committee
as of March 23, 2010.
• Adding a new Section 1 calling the act the "Florida Pension Protection and
Transparency Act."
• Amending Florida Statute §112.65 (applicable to all public retirement
systems) to provide that 'overtime, accrued unused sick leave or other
leave, or any foram of payment other than the member's base hourly or yearly
salary" may not be included in the calculation of average final compensation
unless those amounts were paid before July 1, 2010. The limitation for the
benefits is still proposed to be 100% for all members who become a part of
the retirement system after January 1, 1980. The limitation does not include
cost of living adjustments or supplemental benefits.
NOTE: There is an amendment being proposed by the sponsor which
would make these changes effective for employees hired after July 1,
2010. This amendment was drafted on Friday, April 2, 2010 and will
be considered on April 7, 2010.
400 EXECUTIVE CENTER DRIVE, SUITE 207+ WEST PALM BEACH, FLORIDA 33401 -2922
PH: 561.686.6550 + FX: 561.686.2802
Board of Trustees
State Legal Updates - April, 2010
Page 2 of 7
• Amending Florida Statutes §121.021 (applicable to the Florida
Retirement System only) changing the following definitions:
Compensation is proposed to include only:
♦ Monthly salary;
♦ Overtime payments made before July 1, 2010; and
♦ Amounts withheld for deferred compensation programs or tax
sheltered annuities.
After the effective date of the amendment, the definition of Compensation
would no longer include:
♦ Accumulated annual leave payments;
♦ Payments in addition to the employee's base rate of pay (if
paid pursuant to a formal written policy, paid after the 11th
year of employment, paid annually, for as long as the
employee continues his employment; and
♦ Payments in lieu of permanent increase in the base rate of
pay.
Average Final Compensation has been changed include all compensation,
presumably using the above definition. The exclusions from average final
compensation has been expanded to include overtime paid after June 30,
2010.
NOTE: This change has been removed from the most recent
amendment which is expected to be heard on April 7, 2010.
• Amending Florida Statutes § §175.032(3) and 185.02(4) (applies to
1751185 funds) to redefine a firefighter's' and police officer's base pay to
exclude overtime or other pay beyond base hourly or annual salary if the
overtime or additional pay is after June 30, 2010 and removing the ability to
use another definition of salary.
NOTE: This change has been removed from the most recent
amendment which is expected to be heard on April 7, 2010.
• Amending Florida Statutes § §175.061 and 185.05 (applies to 1751185
funds) amended to provide that the municipal appointees to the Board and
the fifth member to the Board may not be members or retirees of the Fund
that the Board administers. Additionally, the municipality may change the
municipal representation on the board of trustees as long as the change
Board of Trustees
State Legal Updates - April, 2010
Page 3 of 7
does not reduce the membership percentage of police officers and
firefighters on the Board as in place on June 30, 1986.
• Amending Florida Statutes § §175.091 and 185.07 (applies to 175/185
funds) to allow increases in member contributions without a corresponding
increase in benefits.
• Amending Florida Statutes § §175.351 and 185.35 (applies to 1751185
funds) to allow supplemental plans to apply the definition of compensation
or salary in existence on the date of the act.
• Amending Florida Statutes § §175.351 and 185.35 (applies to 175/185
funds) to add a new subsection (5) which allows a municipality or special fire
control district to close the 175/185 plan and to create either a defined
contribution plan or join the Florida Retirement System after July 1, 2010 and
continue to receive the 175 and 185 money to fund the closed 175/185 plan
until the plan is fully funded.
1-1131543 has been withdrawn from consideration at this time and HB 1319 is not expected
to get placed on any further committee agendas.
HB 1025 and SB 1710 (withdrawn from consideration)
• Amending Florida Statutes §112.0801 to provide for market determination
of premium cost for retiree health insurance; to allow the separation of the
claims experience of the retirees and active employees; and to require
retirees to pay the cost of the premiums.
HB 1151 and SB 2106
• Amending Florida Statutes §185.35 to allow municipalities to pay the cost
of purchasing annuities in a closed plan but be reimbursed over time from
future 185 money.
SB 2022 RELATING TO FLORIDA RETIREMENT SYSTEM
This bill passed the Senate but is only applicable to the Florida Retirement System.
This bill includes the following proposed changes:
Board of Trustees
State Legal Updates - April, 2010
Page 4 of 7
• Amending Florida Statutes §121.011 to require all employee and employer
contributions and provides that rights of members are contractual.
• Amending Florida Statutes §121.021 for the following definitions:
Prior Service - include time for which a member receives a refund of
contributions and eliminates the time limit reference for contributions.
Termination - amended to define that beginning January 1, 2011, a
termination occurs when a member ceases all employment relationship with
an employer for 3 calendar months.
Benefit - amended to include employee contributions.
• Amending Florida Statutes §121.051 to provide that employers can buy
past service time for employees only at the time of joining FRS. Also
subjects any employer -paid employee contributions to federal FICA taxes.
• Amending Florida Statutes §121.0515 to reference employee contributions
in the section regarding upgrades for special risk credit.
• Amending Florida Statutes §121.052 to provide that members of the
Elected Officers' Class shall pay retirement contributions effective January
1, 2011 and provides for refunds.
• Amending Florida Statutes §121.053 to include reference to employee
contributions.
• Amending Florida Statutes §121.055 to provide that members of the
Senior Management Class shall make employee contributions effective
January 1, 2011 and provides for refunds.
• Amending Florida Statutes §121.071 to provide that effective January 1,
2011, each employee and employer will pay retirement contributions. and
providing for refund.
• Amending Florida Statutes §121.081 to provide that to purchase prior
service performed on or after January 1, 2011, the purchase of prior service
must include 6.5% interest, compounded annually.
• Amending Florida Statutes §121.091 to provide for a refund of
contributions after termination of employment (except retirement) for three
consecutive calendar months.
Board of Trustees
State Legal Updates - April, 2010
Page 5 of 7
• Amending Florida Statutes §121.121 to provide that effective January 1,
2011, leave of absence purchases will be at employee and employer
contribution rates in effect during the leave of absence.
• Amending Florida Statutes §121.125 to provide that the employer shall
make employee and employer contributions on workers' compensation
payments.
• Amending Florida Statutes §121.35 to provide for employee contributions
for members in the State University System Optional Retirement Program
and included a provision for hardship withdrawals.
• Amending Florida Statutes §121.4501 to include participant contributions
in the Public Employee Optional Retirement Program. Provides for errors or
corrections that contributions shall be made within 1 year after erroneous
contributions. Participants present value of accumulated benefit obligation
will not be recalculated.
Adds language that a participant who terminates and takes a distribution is
a retiree. If reemployed with an FRS - covered employer, the participant is a
new hire, but retains his or her prior plan choice. After July 1, 2010, a retiree
is not eligible for renewed membership.
Refund is not permitted for contributions or payments exceeding employee
contributions had employee remained in the defined benefit program and not
transferred to Public Employee Option Retirement Program.
Contributions are made on a pre -tax basis. Participant is responsible for
monitoring contributions to ensure the maximum deferral amount permitted
under the Internal Revenue Code are not exceeded.
Participant will forfeit all nonvested employer contributions and service credit
if participant elects to receive any vested employee or employer
contributions.
• Amending Florida Statutes §121.4503 to provide for participant
contributions.
• Amending Florida Statutes §121.571 to converts plan from a
NonContributory plan to a Contributory Plan that each participant shall
submit contributions.
Board of Trustees
State Legal Updates - April, 2010
Page 6 of 7
• Amending Florida Statutes §121.591 to specify that benefits earned under
the Public Employee Optional Retirement Plan may not be payable for any
reason prior to termination. Nonvested accumulations will be forfeited upon
payment of any vested benefit. Distribution payment selected for normal
retirement benefits is final and irrevocable at the time distribution is made.
• Amending Florida Statutes §121.70 to provide for employee contributions.
• Amending Florida Statutes §121.71 to set rates of employee contributions
by class (all classes contribute .25 %)
Employer Rates:
Membership Class Effective 7/1/10 Effective 7/1/11
Regular 9.76% 9.54%
Special Risk 22.15% 21.92%
Special Risk Admin 11.24% 11.02%
Elected Officers - Leg, Exec 14.38% 14.16%
Elected Officers - Judges 19.39% 19.15%
Membership Class Effective 7/1 /10 Effective 7/1 /11
Elected Officers - County 16.62% 16.39%
Senior Management 11.70% 11.49%
DROP 14.23% 14.21%
Employer Rates to Address Unfunded:
Membership Class Effective 7/1/10 Effective 7/1/11
Regular 0.00% 1.58%
Special Risk 0.00% 5.97%
Special Risk Admin 0.00% 15.97%
Elected Officers - Leg, Exec 0.00% 17.05%
Elected Officers - Judges 0.00% 11.00%
Elected Officers - County 0.00% 19.75%
Senior Management 0.00% 9.26%
DROP 0.00% 4.97%
• Amending Florida Statutes §121.72 to set rates for the optional retirement
programs.
Board of Trustees
State Legal Updates - April, 2010
Page 7 of 7
• Amending Florida Statutes §121.73 to set rate for disability coverage for
members of the optional retirement programs.
• Amending Florida Statutes §121.74 to set rate for administrative services
Reduction from 0.05% to 0.03% for four years July 1, 2010 - June 30, 2014.
Effective July 1, 2014, contribution rate shall be 0.04% of payroll reported.
• Amending Florida Statutes §121.76 to provide that contributions are
subject to federal FICA taxes.
• Amending Florida Statutes §121.78 to include employee contributions and
to provide for a 1 % delinquent fee for each month or portion of a month that
contributions should have been paid. Overages will be credited to future
contributions owed. Employer is responsible for reimbursing employee for
excess contributions.
• Florida Statutes §1012.875 applies to Community College Optional
Retirement Program and is not applicable to your Fund.
Additionally, this bill appropriates funds for eight full -time positions and salary rate
of $265,621 for the purpose of implementing this act.
BSJ /adt
March 25, 2010
April 5, 2010
H:WII MiscellaneouslALL BOARDS\2010\2010 -04 State Legal Updates.frm
Laur, Betty
From: Angela D. Twomey [angela @perryjensenlaw.com]
Sent: Thursday, March 04, 2010 10:40 AM
To: Secretary - Carl Hansen; Gload, Michelle; Mayo, Deanna; Chair - Michael Rhodes; John T.
Terzakis
Cc: ThePensionTeam @perryjensenlaw.com; McWilliams, Lori; Laur, Betty
Subject: Re: Tequesta General Employees (SB 1902)
Attachments: Senate Issue Brief 2010- 317.pdf
Trustees:
Attached please find the Senate Issue Brief with the proposed contribution rates for FRS.
If you have any additional questions, please feel free to contact our office.
Angela D. Twomey
Legal Assistant - Pension Team of Bonni Jensen
The Law Offices of Perry & Jensen, LLC
400 Executive Center Drive, Suite 207
West Pahn Beach, Florida 33401 -2922
561.686.6550 (Phone)
561.686.2802 (Fax)
CONFIDENTIALITY NOTICE: This communication is confidential, may be privileged
and is meant only for the intended recipient. If you are not the intended recipient,
please notify the sender ASAP and delete this message from your system.
IRS CIRCULAR 230 NOTICE: To the extent that this message (or any portion thereof)
concerns tax matters, it is not intended to be used and cannot be used by a taxpayer
for the purpose of avoiding penalties that may be imposed by law.
On 3/3/2010 4:56 PM, Angela D. Twomey wrote:
Trustees:
Please find attached a REVISED Memorandum regarding SB 1902. There was an error in the third bulleted
item that read:
". . . hire before July 10, 2000 may not exceed 70%. . . "
That should have, and has been corrected to read:
"... hire after July 1, 2000 may not exceed 70%. .
We apologize for this error. If you have any questions regarding this, please feel free to contact our office.
Thank you again!
Angela D. Twomey
Legal Assistant - Pension Team of Bonni Jensen
The Law Offices of Perry & Jensen, LLC
400 Executive Center Drive, Suite 207
West Palm Beach, Florida 33401 -2922
561.686.6550 (Phone)
561.686.2802 (Fax)
CONFIDENTIALITY NOTICE: This communication is confidential, may be privileged
and is meant only for the intended recipient. If you are not the intended recipient,
please notify the sender ASAP and delete this message from your system.
1
IRS CIRCULAR 230 NOTICE: To the extent that this message (or any portion thereof)
concerns tax matters, it is not intended to be used and cannot be used by a taxpayer
for the purpose of avoiding penalties that may be imposed by law.
On 3/3/2010 2:09 PM, Angela D. Twomey wrote:
Trustees:
Attached please find a Memorandum for SB 1902 that Bonni will present at your next meeting for discussion.
Please feel free to contact our office if you have any questions.
Angela D. Twomey
Legal Assistant - Pension Team of Bonni Jensen
The Law Offices of Perry & Jensen, LLC
400 Executive Center Drive, Suite 207
West Palm Beach, Florida 33401 -2922
561.686.6550 (Phone)
561.686.2802 (Fax)
CONFIDENTIALITY NOTICE: This communication is confidential, may be privileged
and is meant only for the intended recipient. If you are not the intended recipient,
please notify the sender ASAP and delete this message from your system.
IRS CIRCULAR 230 NOTICE: To the extent that this message (or any portion thereof)
concerns tax matters, it is not intended to be used and cannot be used by a taxpayer
for the purpose of avoiding penalties that may be imposed by law.
* ** eSafe scanned this email for malicious content * **
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2
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ori a Senate
OF V Issue Brief 2010 -317 December 2009
Co on Governmental Oversight and Accountability
SETTING THE 2010 -2011 EMPLOYER CONTRIBUTION RATES FOR THE FLORIDA
RETIREMENT SYSTEM
Statement of the Issue
State government pension plans were not insulated from the decline in world capital markets that began in late 2007.
The multi - employer Florida Retirement System (FRS) experienced a $23.6 billion swing in asset valuations that
eliminated its overfunded status and produced an unfunded liability for the first time since 1997. The Legislature's
practice of setting pension plan contribution rates by statute will have to contend with this circumstance which
complicates existing difficulties being experienced by all participating government employers in their operating
budgets. A recognition of existing pension costs, longer -term benefit pressures, and the sustainability of current
compensation practices will be required. The report presents different funding options for consideration.
Discussion
The multi - employer Florida Retirement System (FRS) ceased its twelve -year overfunded status at the close ofthe plan
year in June 2009. A portion of the excess plan assets were used to dampen the normal, long -term cost of the system.
The system actuary reported the following change in funding status in the December 2009 reports. Unblended rates do
not include the effects of the defined contribution plan; blended rates include them and weight the total contribution
proportionately:
FRS Employer Contribution Rates Beginning July 1, 2010
Component REG SPECIAL S RISK JUD LEG COUNTY SEN MGT DROP COMPOSITE
RISK ADM
2009 Valuation,
Unblended Rates
without PEORP
Normal Cost 9.99 22.54 11.05 20.28 14.88 17.11 12.09 15.10 12.18
Unfunded 2.02 7.13 20.24 12.71 23.75 26.43 11.95 4.97 3.16
Liability
Adjusted 12.01 29.67 31.29 32.99 38.63 43.54 24.04 20.07 15.34
Contribution
2009 Valuation,
Blended Rates
with PEORP
Normal Cost 9.25 21.33 11.80 19.63 13.81 16.61 11.21 NA 11.09
Blended 11.64 28.57 27.17 32.27 31.85 37.31 21.44 20.07 14.85
Contribution
Source: Milliman, Florida Retirement System Actuarial Valuation as of July 1, 2009, December 1, 2009, Table IV -4; blended
contribution rates as of December 4, 2009 in correspondence from Robert Dezube, Consulting Actuary, to Sarabeth Snuggs,
Director, Division of Retirement, Table I.
Page 2 Setting the 2010 -2011 Employer Contribution Rates for the Florida Retirement System
The Legislature retains considerable discretion in identifying the funding recognition it wishes to provide for future
contribution rates. It may accept the July 1, 2009 rates or, as provided in ss. 121.031(3)(f), F.S., recognize an estimated
valuation on December 31, 2009 using asset values in the plan on that date. Since these values may be plausibly higher
than those six months earlier, the effect would be to reduce the amount of unfunded liability and, thus, the overall rate
increase. The asset value would have to be in the range of $118 -$120 billion for a substantial eradication of the
unfunded liability, absent other assumptions changes. Such a recognition would not alter the elimination ofthe surplus.
In combination with the completion ofthe periodic mortality and morbidity study on the plan membership completed in
late 2009, there would still be an overall rate increase.'
There are other options available to the Legislature to moderate rate increases. Chapter 216, F.S., creates a consensus
estimating process for the establishment of pension plan financial assumptions. One or more of these assumptions —
salary increases, rate of investment return, and inflation - may be adjusted through the conference process that could
offset a rate spike. Reducing future salary increase and estimating investment returns greater than the current 7.75
percent would combine to reduce payroll cost growth, although it would commit the Legislature to lowered
expectations on compensation in future years.
Section 112.63, F.S., also authorizes the recognition of an asset valuation corridor between 80% and 120% of market
value. Assets may neither fall below the lower number nor exceed the upper limit. Corridor limits have now been
implicated due to the nearly $24 billion swing from the prior plan year. This is a significant variable as it implicates an
overall plan valuation difference between 88.5 percent and 96.7 percent, or $11 billion. Without the corridor restriction
the plan would more closely approach full funding.
The 2009 Legislature directed the completion of an actuarial study on the development of a revised method of
recognizing the costs associated with the Deferred Retirement Option Program (DROP). The plan actuary has
recommended that the Legislature revise the existing method establishing a uniform rate for all membership classes.
This increases charges to members of the Regular Class, about 80 percent of FRS membership, and does not fully
recognize the true costs for the other classes. The alternatives include recognizing the DROP component as the same as
the class of membership in which the employee works or establishing the DROP cost at zero. This costing exercise has
critical policy implications in future budget cycles. Recognizing DROP costs at the normal cost rate will make it more
costly to maintain this program as its relative costs will have increased; reducing the rate to zero will make it more
attractive and reduce payroll costs, but it may also lengthen average participation to the full sixty month statutory term.
Lastly, another structural option is available to the Legislature. It could return to pre -1975 funding levels in which
employees and public officers were required to make a four percent and eight percent pension copayment, respectively.
Among state pension plans, full employer -bome costs are relatively uncommon. The positive effect on operating
budgets would be substantial and immediate, with a greater impact being experienced by ad valorem funded employers
that have a larger presence of public safety employees. In this alternative every one percent of salary shifted to the
participant represents about $316 million in employer contribution rate savings in the operating budget. The shifting of
the expense burden does not change the benefit amount.
The 2009 Legislature eliminated eligibility for a second career pension in the FRS beginning on July 1, 2010. To the
extent that retirees return to FRS employment they will not accrue any subsequent pension benefits. There will be no
future employer costs other than those imposed for unfunded liability assessments, which are passed along to all FRS
membership classes and to those participants who are members of one or more ofthe optional annuity programs.
The above options are not mutually exclusive and different combinations of them would yield cumulative budget
savings to participating FRS employers. The Division of Retirement has reported a sustained growth in employer
membership in the FRS for the past three years. Local government employers with their own pension plans are closing
them and directing all new hires to the FRS due to its favorable rate structure. Consistent growth in membership tends
to restrain future benefit costs and a new "book of new lives" spreads benefit costs over new generations of participants
who have distant retirement dates.
1 Milliman, June 30, 2008 Experience Study Results of the Florida Retirement System Defined Benefit Program, October 2009.
Laur, Betty
From: Angela D. Twomey [angela @perryjensenlaw.com]
Sent: Wednesday, March 03, 2010 4:56 PM
To: Secretary - Carl Hansen; Gload, Michelle; Mayo, Deanna; Chair - Michael Rhodes; John T.
Terzakis
Cc: ThePensionTeam @perryjensenlaw.com; McWilliams, Lori; Laur, Betty
Subject: Re: Tequesta General Employees (SB 1902)
Attachments: 1012 -MEMO 1902 RVSD.pdf
Trustees:
Please find attached a REVISED Memorandum regarding SB 1902. There was an error in the third bulleted
item that read:
". . . hire before July 10, 2000 may not exceed 70%. "
That should have, and has been corrected to read:
"... hire after July 1, 2000 may not exceed 70%. .
We apologize for this error. If you have any questions regarding this, please feel free to contact our office.
Thank you again!
Angela D. Twomey
Legal Assistant - Pension Team of Bonni Jensen
The Law Offices of Perry & Jensen, LLC
400 Executive Center Drive, Suite 207
West Palm Beach, Florida 33401 -2922
561.686.6550 (Phone)
561.686.2802 (Fax)
CONFIDENTIALITY NOTICE: This communication is confidential, may be privileged
and is meant only for the intended recipient. If you are not the intended recipient,
please notify the sender ASAP and delete this message from your system.
IRS CIRCULAR 230 NOTICE: To the extent that this message (or any portion thereof)
concerns tax matters, it is not intended to be used and cannot be used by a taxpayer
for the purpose of avoiding penalties that may be imposed by law.
On 3/3/2010 2:09 PM, Angela D. Twomey wrote:
Trustees:
Attached please find a Memorandum for SB 1902 that Bonni will present at your next meeting for discussion.
Please feel free to contact our office if you have any questions.
Angela D. Twomey
Legal Assistant - Pension Team of Bonni Jensen
The Law Offices of Perry & Jensen, LLC
400 Executive Center Drive, Suite 207
West Palm Beach, Florida 33401 -2922
561.686.6550 (Phone)
561.686.2802 (Fax)
CONFIDENTIALITY NOTICE: This communication is confidential, may be privileged
and is meant only for the intended recipient. If you are not the intended recipient,
please notify the sender ASAP and delete this message from your system.
1
THE LAW OFFICES OF
PERRY & JENSEN, LLC
ANN H. PERRY BONNI SPATARA .JENSEN
sperry@perryjensenlaw.com bsjensen @penyjensenlaw.com
MEMORANDUM
To: Board of Trustees
VILLAGE OF TEQUESTA GENERAL EMPLOYEES' PENSION TRUST FUND
From: Bonni S. Jensen
LAW OFFICES OF PERRY & JENSEN, LLC
Subject: State Legal Updates
Date: March, 2010
Attached is House Bill 1902. This is a bill that I will be following for you during this
legislative session. If passed this Bill could impact the way that Florida public sector
pension funds operate. The first four changes affect all Florida Governmental pension
plans. The remainder apply to Police and Fire plans only.
In summary, the proposed bill provides as follows:
• Amends Florida Statutes §112.63 to add a new paragraph to require that
all pension systems include a 5 year projection of employer contributions
using the previous 5 years of actual experience.
• Amends Florida Statutes §112.63 to add a new paragraph requiring an
experience study once every 5 years.
• Amends Florida Statute §112.65 to provide that the pension benefit for
members hired after July 1, 2000 may not exceed 70% of the member's
highest annual base pay (base pay does not include overtime and "additional
compensation. ") If, however, the member's employer does not participate
in federal Social Security, the member's benefit may not exceed 90% of the
highest annual base pay, excluding overtime and other additional
compensation,
400 EXECUTIVE CENTER DRIVE, SUITE 207•'1, WEST PALM BEACH, FLORIDA 33401 -2922
PH: 561.686.6550 •. Fx: 561.686.2802
13
Em balm
Board of Trustees
State Legal Update - SB 1902
March, 2010
Page 2 of 3
• Amends Florida Statutes §112.66 to add a new paragraph requiring all
retirement systems to provide a detailed accounting of the expenses to the
plan sponsor and the Department of Management Services and to require
submission of a proposed administrative budget to the Plan sponsor 120
days before the beginning of the Plan year. The budget cannot be amended
by the Board unless there is prior approval by the plan sponsor.
• Amends Florida Statutes §121.0515 (Florida Retirement System
( "FRS ")) changes the crediting of multiplier for the purchase of past FRS
service from 2% to 3 %. The amendment also allows members to pay to
upgrade the already purchased 2% service to 3% service. SB 198 and HB
49 are similar bills allowing for the upgraded multiplier.
•Amends Florida Statutes §185.02 revising definition of "Compensation" or
Salary from total cash remuneration to fixed monthly remuneration, and
deletes overtime from the definition in its entirety.
• Amends Florida Statutes § §175.041 and 185.03 clarifying that the
provisions of Florida Statutes 175 apply only to municipalities and special fire
control districts and does not apply to unincorporated areas of Counties,
unless otherwise specifically provided for by the law.
• Amends Florida Statutes § §175.061 and 185.05 changing the provisions
related to the Board of Trustees to provide that a majority of the members of
the Board cannot be members or retirees of the Plan.
• Amends Florida Statutes § §175.091 and 185.07 to allow increases in
member contributions without an increase in benefits.
• Amends Florida Statutes § §175.162 and 185.16 mandating the provision
of a 2% multiplier for all years of service.
• Amends Florida Statutes § §175.351 and 185.35 to:
► Require the premium tax dollars be used to provide extra benefits
which are "equal to or greater than the value of the premium tax
received."
► Remove the minimum benefits provisions of the section and also
delete the requirement for the member to approve how the premium
tax money is used.
► Allows minimum benefit compliance to be determined based upon the
aggregate of all benefits.
Board of Trustees
State Legal Update - SB 1902
March, 2010
Page 3 of 3
► Defines extra benefits as benefits "in addition to those provided to
general employees" regardless of when the benefit is or was
provided. The current law restricts extra benefits to those which are
in addition to the benefits in existence on March 12, 1999.
► Adds a new section to allow for tiered benefits which meets the
minimum benefits of the Chapter (can meet the minimums in
aggregate). The amendment also allows a municipality or special fire
control district to maintain the current plan, join FRS and continue to
receive the premium tax dollars, including using the money to fund
FRS participation.
• Amends Florida Statutes § §175.371 and 185.38 to allow a municipality or
special fire control district to maintain the current plan, join FRS and continue
to receive the premium tax dollars until fully funded.
• Adds new sections § §175.372 and 185.381 to allow a municipality or
special fire control district to maintain the current plan, create another
pension system (including a defined contribution system) and continue to
receive the premium tax dollars, including using the money to fund the new
system.
Please contact me if you have any questions.
HAAII Miseellaneous\ALL BOARDS\2010 \1902 Memo state law updates DB.frm