Bill Text: FL S0606 | 2018 | Regular Session | Introduced


Bill Title: Special Risk Class of the Florida Retirement System

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced) 2018-01-09 - Introduced [S0606 Detail]

Download: Florida-2018-S0606-Introduced.html
       Florida Senate - 2018                                     SB 606
       
       
        
       By Senator Steube
       
       
       
       
       
       23-00759-18                                            2018606__
    1                        A bill to be entitled                      
    2         An act relating to the Special Risk Class of the
    3         Florida Retirement System; amending s. 121.0515, F.S.;
    4         adding 911 public safety telecommunicators to the
    5         class; requiring such members to have their retirement
    6         benefits calculated in accordance with provisions
    7         applicable to Regular Class members; amending s.
    8         121.091, F.S.; conforming a provision to changes made
    9         by the act; amending s. 121.71, F.S.; specifying the
   10         required employer retirement contribution rates for
   11         the new membership subclass of 911 public safety
   12         telecommunicators; declaring that the act fulfills an
   13         important state interest; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (h) of subsection (2), subsection (3),
   18  and paragraph (d) of subsection (8) of section 121.0515, Florida
   19  Statutes, are amended to read:
   20         121.0515 Special Risk Class.—
   21         (2) MEMBERSHIP.—
   22         (h) Effective August 1, 2008, “special risk member”
   23  includes any member who meets the special criteria for continued
   24  membership set forth in paragraph (3)(k) (3)(j).
   25         (3) CRITERIA.—A member, to be designated as a special risk
   26  member, must meet the following criteria:
   27         (a) Effective October 1, 1978, the member must be employed
   28  as a law enforcement officer and be certified, or required to be
   29  certified, in compliance with s. 943.1395, except that; however,
   30  sheriffs and elected police chiefs are not required to be
   31  certified excluded from meeting the certification requirements
   32  of this paragraph. In addition, the member’s duties and
   33  responsibilities must include the pursuit, apprehension, and
   34  arrest of law violators or suspected law violators; or as of
   35  July 1, 1982, the member must be an active member of a bomb
   36  disposal unit whose primary responsibility is the location,
   37  handling, and disposal of explosive devices; or the member must
   38  be the supervisor or command officer of a member or members who
   39  have such responsibilities. Administrative support personnel,
   40  including, but not limited to, those whose primary duties and
   41  responsibilities are in accounting, purchasing, legal, and
   42  personnel, are not included;
   43         (b) Effective October 1, 1978, the member must be employed
   44  as a firefighter and be certified, or required to be certified,
   45  in compliance with s. 633.408 and be employed solely within the
   46  fire department of a local government employer or an agency of
   47  state government with firefighting responsibilities. In
   48  addition, the member’s duties and responsibilities must include
   49  on-the-scene fighting of fires; as of October 1, 2001, fire
   50  prevention or firefighter training; as of October 1, 2001,
   51  direct supervision of firefighting units, fire prevention, or
   52  firefighter training; or as of July 1, 2001, aerial firefighting
   53  surveillance performed by fixed-wing aircraft pilots employed by
   54  the Florida Forest Service of the Department of Agriculture and
   55  Consumer Services; or the member must be the supervisor or
   56  command officer of a member or members who have such
   57  responsibilities. Administrative support personnel, including,
   58  but not limited to, those whose primary duties and
   59  responsibilities are in accounting, purchasing, legal, and
   60  personnel, are not included. All periods of creditable service
   61  in fire prevention or firefighter training, or as the supervisor
   62  or command officer of a member or members who have such
   63  responsibilities, and for which the employer paid the special
   64  risk contribution rate, are included;
   65         (c) Effective October 1, 1978, the member must be employed
   66  as a correctional officer and be certified, or required to be
   67  certified, in compliance with s. 943.1395. In addition, the
   68  member’s primary duties and responsibilities must include be the
   69  custody, and physical restraint if when necessary, of prisoners
   70  or inmates within a prison, jail, or other criminal detention
   71  facility, or while on work detail outside the facility, or while
   72  being transported; or as of July 1, 1984, the member must be the
   73  supervisor or command officer of a member or members who have
   74  such responsibilities. Administrative support personnel,
   75  including, but not limited to, those whose primary duties and
   76  responsibilities are in accounting, purchasing, legal, and
   77  personnel, are not included; however, wardens and assistant
   78  wardens, as defined by rule, are included;
   79         (d) Effective October 1, 1999, the member must be employed
   80  by a licensed Advance Life Support (ALS) or Basic Life Support
   81  (BLS) employer as an emergency medical technician or a paramedic
   82  and be certified in compliance with s. 401.27. In addition, the
   83  member’s primary duties and responsibilities must include on
   84  the-scene emergency medical care or as of October 1, 2001,
   85  direct supervision of emergency medical technicians or
   86  paramedics, or the member must be the supervisor or command
   87  officer of one or more members who have such responsibility.
   88  Administrative support personnel, including, but not limited to,
   89  those whose primary responsibilities are in accounting,
   90  purchasing, legal, and personnel, are not included;
   91         (e) Effective January 1, 2001, the member must be employed
   92  as a community-based correctional probation officer and be
   93  certified, or required to be certified, in compliance with s.
   94  943.1395. In addition, the member’s primary duties and
   95  responsibilities must be the supervised custody, surveillance,
   96  control, investigation, and counseling of assigned inmates,
   97  probationers, parolees, or community controllees within the
   98  community; or the member must be the supervisor of a member or
   99  members who have such responsibilities. Administrative support
  100  personnel, including, but not limited to, those whose primary
  101  duties and responsibilities are in accounting, purchasing, legal
  102  services, and personnel management, are not included; however,
  103  probation and parole circuit and deputy circuit administrators
  104  are included;
  105         (f) Effective January 1, 2001, the member must be employed
  106  in one of the following classes and must spend at least 75
  107  percent of his or her time performing duties that which involve
  108  contact with patients or inmates in a correctional or forensic
  109  facility or institution:
  110         1. Dietitian (class codes 5203 and 5204);
  111         2. Public health nutrition consultant (class code 5224);
  112         3. Psychological specialist (class codes 5230 and 5231);
  113         4. Psychologist (class code 5234);
  114         5. Senior psychologist (class codes 5237 and 5238);
  115         6. Regional mental health consultant (class code 5240);
  116         7. Psychological Services Director—DCF (class code 5242);
  117         8. Pharmacist (class codes 5245 and 5246);
  118         9. Senior pharmacist (class codes 5248 and 5249);
  119         10. Dentist (class code 5266);
  120         11. Senior dentist (class code 5269);
  121         12. Registered nurse (class codes 5290 and 5291);
  122         13. Senior registered nurse (class codes 5292 and 5293);
  123         14. Registered nurse specialist (class codes 5294 and
  124  5295);
  125         15. Clinical associate (class codes 5298 and 5299);
  126         16. Advanced registered nurse practitioner (class codes
  127  5297 and 5300);
  128         17. Advanced registered nurse practitioner specialist
  129  (class codes 5304 and 5305);
  130         18. Registered nurse supervisor (class codes 5306 and
  131  5307);
  132         19. Senior registered nurse supervisor (class codes 5308
  133  and 5309);
  134         20. Registered nursing consultant (class codes 5312 and
  135  5313);
  136         21. Quality management program supervisor (class code
  137  5314);
  138         22. Executive nursing director (class codes 5320 and 5321);
  139         23. Speech and hearing therapist (class code 5406); or
  140         24. Pharmacy manager (class code 5251);
  141         (g) Effective October 1, 2005, through June 30, 2008, the
  142  member must be employed by a law enforcement agency or medical
  143  examiner’s office in a forensic discipline recognized by the
  144  International Association for Identification and must qualify
  145  for active membership in the International Association for
  146  Identification. The member’s primary duties and responsibilities
  147  must include the collection, examination, preservation,
  148  documentation, preparation, or analysis of physical evidence or
  149  testimony, or both, or the member must be the direct supervisor,
  150  quality management supervisor, or command officer of one or more
  151  individuals with such responsibility. Administrative support
  152  personnel, including, but not limited to, those whose primary
  153  responsibilities are clerical or in accounting, purchasing,
  154  legal, and personnel, are not included;
  155         (h) Effective July 1, 2008, the member must be employed by
  156  the Department of Law Enforcement in the crime laboratory or by
  157  the Division of State Fire Marshal in the forensic laboratory in
  158  one of the following classes:
  159         1. Forensic technologist (class code 8459);
  160         2. Crime laboratory technician (class code 8461);
  161         3. Crime laboratory analyst (class code 8463);
  162         4. Senior crime laboratory analyst (class code 8464);
  163         5. Crime laboratory analyst supervisor (class code 8466);
  164         6. Forensic chief (class code 9602); or
  165         7. Forensic services quality manager (class code 9603);
  166         (i) Effective July 1, 2008, the member must be employed by
  167  a local government law enforcement agency or medical examiner’s
  168  office and must spend at least 65 percent of his or her time
  169  performing duties that involve the collection, examination,
  170  preservation, documentation, preparation, or analysis of human
  171  tissues or fluids or physical evidence having potential
  172  biological, chemical, or radiological hazard or contamination,
  173  or use chemicals, processes, or materials that may have
  174  carcinogenic or health-damaging properties in the analysis of
  175  such evidence, or the member must be the direct supervisor of
  176  one or more individuals having such responsibility. If a special
  177  risk member changes to another position within the same agency,
  178  he or she must submit a complete application as provided in
  179  paragraph (4)(a);
  180         (j)Effective July 1, 2018, the member must be employed as
  181  a 911 public safety telecommunicator as defined in s. 401.465.
  182  However, upon his or her retirement, the member shall have his
  183  or her benefits calculated in accordance with the Regular Class
  184  benefit provisions of s. 121.091(1)(a)1.; or
  185         (k)(j) The member must have already qualified for and be
  186  actively participating in special risk membership under
  187  paragraph (a), paragraph (b), or paragraph (c), must have
  188  suffered a qualifying injury as defined in this paragraph, must
  189  not be receiving disability retirement benefits as provided in
  190  s. 121.091(4), and must satisfy the requirements of this
  191  paragraph.
  192         1. The ability to qualify for the class of membership
  193  defined in paragraph (2)(h) occurs when two licensed medical
  194  physicians, one of whom is a primary treating physician of the
  195  member, certify the existence of the physical injury and medical
  196  condition that constitute a qualifying injury as defined in this
  197  paragraph and that the member has reached maximum medical
  198  improvement after August 1, 2008. The certifications from the
  199  licensed medical physicians must include, at a minimum, that the
  200  injury to the special risk member has resulted in a physical
  201  loss, or loss of use, of at least two of the following: left
  202  arm, right arm, left leg, or right leg; and that:
  203         a. The That this physical loss or loss of use is total and
  204  permanent, unless except if the loss of use is due to a physical
  205  injury to the member’s brain, in which event the loss of use is
  206  permanent with at least 75 percent loss of motor function with
  207  respect to each arm or leg affected.
  208         b. The That this physical loss or loss of use renders the
  209  member physically unable to perform the essential job functions
  210  of his or her special risk position.
  211         c. That, Notwithstanding this physical loss or loss of use,
  212  the individual can perform the essential job functions required
  213  by the member’s new position, as provided in subparagraph 3.
  214         d. The That use of artificial limbs is not possible or does
  215  not alter the member’s ability to perform the essential job
  216  functions of the member’s position.
  217         e. That The physical loss or loss of use is a direct result
  218  of a physical injury and not a result of any mental,
  219  psychological, or emotional injury.
  220         2. For the purposes of this paragraph, the term “qualifying
  221  injury” means an injury sustained in the line of duty, as
  222  certified by the member’s employing agency, by a special risk
  223  member that does not result in total and permanent disability as
  224  defined in s. 121.091(4)(b). An injury is a qualifying injury if
  225  the injury is a physical injury to the member’s physical body
  226  resulting in a physical loss, or loss of use, of at least two of
  227  the following: left arm, right arm, left leg, or right leg.
  228  Notwithstanding any other provision of this section, an injury
  229  that would otherwise qualify as a qualifying injury is not
  230  considered a qualifying injury if and when the member ceases
  231  employment with the employer for whom he or she was providing
  232  special risk services on the date the injury occurred.
  233         3. The new position, as described in sub-subparagraph 1.c.,
  234  which that is required for qualification as a special risk
  235  member under this paragraph is not required to be a position
  236  with essential job functions that entitle an individual to
  237  special risk membership. Whether a new position as described in
  238  sub-subparagraph 1.c. exists and is available to the special
  239  risk member is a decision to be made solely by the employer in
  240  accordance with its hiring practices and applicable law.
  241         4. This paragraph does not grant or create additional
  242  rights for any individual to continued employment or to be hired
  243  or rehired by his or her employer which that are not already
  244  provided by state law within the Florida Statutes, the State
  245  Constitution, the Americans with Disabilities Act, if
  246  applicable, or any other applicable state or federal law.
  247         (8) SPECIAL RISK ADMINISTRATIVE SUPPORT CLASS.—
  248         (d) Notwithstanding any other provision of this subsection,
  249  this subsection does not apply to any special risk member who
  250  qualifies for continued membership pursuant to paragraph (3)(k)
  251  (3)(j).
  252         Section 2. Subsection (1) of section 121.091, Florida
  253  Statutes, is amended to read:
  254         121.091 Benefits payable under the system.—Benefits may not
  255  be paid under this section unless the member has terminated
  256  employment as provided in s. 121.021(39)(a) or begun
  257  participation in the Deferred Retirement Option Program as
  258  provided in subsection (13), and a proper application has been
  259  filed in the manner prescribed by the department. The department
  260  may cancel an application for retirement benefits when the
  261  member or beneficiary fails to timely provide the information
  262  and documents required by this chapter and the department’s
  263  rules. The department shall adopt rules establishing procedures
  264  for application for retirement benefits and for the cancellation
  265  of such application when the required information or documents
  266  are not received.
  267         (1) NORMAL RETIREMENT BENEFIT.—Upon attaining his or her
  268  normal retirement date, the member, upon application to the
  269  administrator, shall receive a monthly benefit which shall begin
  270  to accrue on the first day of the month of retirement and be
  271  payable on the last day of that month and each month thereafter
  272  during his or her lifetime. The normal retirement benefit,
  273  including any past or additional retirement credit, may not
  274  exceed 100 percent of the average final compensation. The amount
  275  of monthly benefit shall be calculated as the product of A and
  276  B, subject to the adjustment of C, if applicable, as set forth
  277  below:
  278         (a)1. For creditable years of Regular Class service, A is
  279  1.60 percent of the member’s average final compensation, up to
  280  the member’s normal retirement date. Upon completion of the
  281  first year after the normal retirement date, A is 1.63 percent
  282  of the member’s average final compensation. Following the second
  283  year after the normal retirement date, A is 1.65 percent of the
  284  member’s average final compensation. Following the third year
  285  after the normal retirement date, and for subsequent years, A is
  286  1.68 percent of the member’s average final compensation.
  287  Notwithstanding subparagraph 2., for creditable years of special
  288  risk service through employment as a 911 public safety
  289  telecommunicator as provided in s. 121.0515(3)(j), the amount of
  290  monthly benefit shall be calculated in accordance with this
  291  subparagraph.
  292         2. For creditable years of special risk service, A is:
  293         a. Two percent of the member’s average final compensation
  294  for all creditable years before prior to October 1, 1974;
  295         b. Three percent of the member’s average final compensation
  296  for all creditable years after September 30, 1974, and before
  297  October 1, 1978;
  298         c. Two percent of the member’s average final compensation
  299  for all creditable years after September 30, 1978, and before
  300  January 1, 1989;
  301         d. Two and two-tenths percent of the member’s final monthly
  302  compensation for all creditable years after December 31, 1988,
  303  and before January 1, 1990;
  304         e. Two and four-tenths percent of the member’s average
  305  final compensation for all creditable years after December 31,
  306  1989, and before January 1, 1991;
  307         f. Two and six-tenths percent of the member’s average final
  308  compensation for all creditable years after December 31, 1990,
  309  and before January 1, 1992;
  310         g. Two and eight-tenths percent of the member’s average
  311  final compensation for all creditable years after December 31,
  312  1991, and before January 1, 1993;
  313         h. Three percent of the member’s average final compensation
  314  for all creditable years after December 31, 1992; and
  315         i. Three percent of the member’s average final compensation
  316  for all creditable years of service after September 30, 1978,
  317  and before January 1, 1993, for any special risk member who
  318  retires after July 1, 2000, or any member of the Special Risk
  319  Administrative Support Class entitled to retain the special risk
  320  normal retirement date who was a member of the Special Risk
  321  Class during the time period and who retires after July 1, 2000.
  322         3. For creditable years of Senior Management Service Class
  323  service after January 31, 1987, A is 2 percent;
  324         4. For creditable years of Elected Officers’ Class service
  325  as a Supreme Court Justice, district court of appeal judge,
  326  circuit judge, or county court judge, A is 3 1/3 percent of the
  327  member’s average final compensation, and for all other
  328  creditable service in such class, A is 3 percent of average
  329  final compensation;
  330         (b) B is the number of the member’s years and any
  331  fractional part of a year of creditable service earned
  332  subsequent to November 30, 1970; and
  333         (c) C is the normal retirement benefit credit brought
  334  forward as of November 30, 1970, by a former member of an
  335  existing system. Such normal retirement benefit credit shall be
  336  determined as the product of X and Y when X is the percentage of
  337  average final compensation which the member would have been
  338  eligible to receive if the member had attained his or her normal
  339  retirement date as of November 30, 1970, all in accordance with
  340  the existing system under which the member is covered on
  341  November 30, 1970, and Y is average final compensation as
  342  defined in s. 121.021(24). However, any member of an existing
  343  retirement system who is eligible to retire and who does retire,
  344  become disabled, or die prior to April 15, 1971, may have his or
  345  her retirement benefits calculated on the basis of the best 5 of
  346  the last 10 years of service.
  347         (d) A member’s average final compensation shall be
  348  determined by formula to obtain the coverage for the 5 highest
  349  fiscal years’ salaries, calculated as provided by rule.
  350         Section 3. Subsections (4) and (5) of section 121.71,
  351  Florida Statutes, are amended to read:
  352         121.71 Uniform rates; process; calculations; levy.—
  353         (4) Required employer retirement contribution rates for
  354  each membership class and subclass of the Florida Retirement
  355  System for both retirement plans are as follows:
  356  
  357  Membership Class            Percentage ofGrossCompensation,EffectiveJuly 1, 2017
  358  
  359  Regular Class                                2.90%                 
  360  Special Risk Class                          11.86%                 
  361  Special Risk Administrative Support Class                 3.83%                 
  362  Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders                 6.45%                 
  363  Elected Officers’ Class— Justices, Judges                11.67%                 
  364  Elected Officers’ Class— County Elected Officers                 8.54%                 
  365  Senior Management Class                      4.29%                 
  366  DROP                                         4.17%                 
  367  
  368  Membership Subclass              Percentage ofGrossCompensation,EffectiveJuly 1, 2018
  369  
  370  Special Risk911 Public SafetyTelecommunicators              X.XX%              
  371         (5) In order to address unfunded actuarial liabilities of
  372  the system, the required employer retirement contribution rates
  373  for each membership class and subclass of the Florida Retirement
  374  System for both retirement plans are as follows:
  375  
  376  
  377  Membership Class            Percentage ofGrossCompensation,EffectiveJuly 1, 2017
  378  
  379  Regular Class                                3.30%                 
  380  Special Risk Class                           9.69%                 
  381  Special Risk Administrative Support Class                29.08%                 
  382  Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders                42.69%                 
  383  Elected Officers’ Class— Justices, Judges                26.25%                 
  384  Elected Officers’ Class— County Elected Officers                35.24%                 
  385  Senior Management Service Class                16.70%                 
  386  DROP                                         7.43%                 
  387  
  388  Membership Subclass              Percentage ofGrossCompensation,EffectiveJuly 1, 2018
  389  
  390  Special Risk911 Public SafetyTelecommunicators              X.XX%              
  391         Section 4. The Legislature finds that a proper and
  392  legitimate state purpose is served when employees and retirees
  393  of the state and its political subdivisions, and the dependents,
  394  survivors, and beneficiaries of such employees and retirees, are
  395  extended the basic protections afforded by governmental
  396  retirement systems. These persons must be provided benefits that
  397  are fair and adequate and are managed, administered, and funded
  398  in an actuarially sound manner, as required by s. 14, Article X
  399  of the State Constitution and part VII of chapter 112, Florida
  400  Statutes. Therefore, the Legislature determines and declares
  401  that this act fulfills an important state interest.
  402         Section 5. This act shall take effect July 1, 2018.

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