Bill Text: FL S1204 | 2010 | Regular Session | Introduced

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Bill Title: Florida Retirement System [WPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Community Affairs [S1204 Detail]

Download: Florida-2010-S1204-Introduced.html

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Florida Senate - 2010                                    SB 1204 
 
By Senator Hill 
1-00676-10                                            20101204__ 
1                        A bill to be entitled 
2         An act relating to the Florida Retirement System; 
3         amending s. 121.021, F.S.; redefining the term 
4         “special risk member”; amending s. 121.0515, F.S.; 
5         revising criteria for membership in the special risk 
6         class to include members employed by public acute care 
7         hospitals serving certain patients; providing 
8         legislative findings that the act fulfills an 
9         important state interest; providing an effective date. 
10 
11  Be It Enacted by the Legislature of the State of Florida: 
12 
13         Section 1. Subsection (15) of section 121.021, Florida 
14  Statutes, is amended to read: 
15         121.021 Definitions.—The following words and phrases as 
16  used in this chapter have the respective meanings set forth 
17  unless a different meaning is plainly required by the context: 
18         (15) “Special risk member” means a member who meets the 
19  criteria specified in s. 121.0515. 
20         (a) Until October 1, 1978, “special risk member” means any 
21  officer or employee whose application is approved by the 
22  administrator and who receives salary payments for work 
23  performed as a peace officer; law enforcement officer; police 
24  officer; highway patrol officer; custodial employee at a 
25  correctional or detention facility; correctional agency employee 
26  whose duties and responsibilities involve direct contact with 
27  inmates, but excluding secretarial and clerical employees; 
28  firefighter; or an employee in any other job in the field of law 
29  enforcement or fire protection if the duties of such person are 
30  certified as hazardous by his or her employer. 
31         (b) Effective October 1, 1978, “special risk member” means 
32  a member of the Florida Retirement System who is designated as a 
33  special risk member by the division in accordance with s. 
34  121.0515. Such member must be employed as a law enforcement 
35  officer, a firefighter, or a correctional officer and must meet 
36  certain other special criteria as set forth in s. 121.0515. 
37         (c) Effective October 1, 1999, “special risk member” means 
38  a member of the Florida Retirement System who is designated as a 
39  special risk member by the division in accordance with s. 
40  121.0515. Such member must be employed as a law enforcement 
41  officer, a firefighter, a correctional officer, an emergency 
42  medical technician, or a paramedic and must meet certain other 
43  special criteria as set forth in s. 121.0515. 
44         (d)1. Effective January 1, 2001, “special risk member” 
45  includes any member who is employed as a community-based 
46  correctional probation officer and meets the special criteria 
47  set forth in s. 121.0515(2)(e). 
48         2. Effective January 1, 2001, “special risk member” 
49  includes any professional health care bargaining unit or non 
50  unit member who is employed by the Department of Corrections or 
51  the Department of Children and Family Services and meets the 
52  special criteria set forth in s. 121.0515(2)(f). 
53         (e) Effective July 1, 2001, the term “special risk member” 
54  includes any member who is employed as a youth custody officer 
55  by the Department of Juvenile Justice and meets the special 
56  criteria set forth in s. 121.0515(2)(g). 
57         Section 2. Subsection (2), paragraph (b) of subsection (4), 
58  and paragraph (c) of subsection (9) of section 121.0515, Florida 
59  Statutes, are amended to read: 
60         121.0515 Special risk membership.— 
61         (2) CRITERIA.—Prior to October 1, 1978, A member, to be 
62  designated as a special risk member, the member’s application 
63  must be approved by the administrator and the member must 
64  receive salary payments for work performed as a peace officer; 
65  law enforcement officer; police officer; highway patrol officer; 
66  custodial employee at a correctional or detention facility; 
67  correctional agency employee whose duties and responsibilities 
68  involve direct contact with inmates, but excluding secretarial 
69  and clerical employees; firefighter; or an employee in any other 
70  job in the field of law enforcement or fire protection if the 
71  member’s duties are certified as hazardous by his or her 
72  employer. Effective October 1, 1978, a member must be designated 
73  as a special risk member by the department and must meet the 
74  following criteria: 
75         (a) Effective October 1, 1978, the member must be employed 
76  as a law enforcement officer, a firefighter, or a correctional 
77  officer and: 
78         1.(a) If employed The member must be employed as a law 
79  enforcement officer, the member must and be certified, or 
80  required to be certified, in compliance with s. 943.1395; 
81  however, sheriffs and elected police chiefs are shall be 
82  excluded from meeting the certification requirements of this 
83  paragraph. In addition, the member’s duties and responsibilities 
84  must include the pursuit, apprehension, and arrest of law 
85  violators or suspected law violators; or the member must be an 
86  active member of a bomb disposal unit whose primary 
87  responsibility is the location, handling, and disposal of 
88  explosive devices; or the member must be the supervisor or 
89  command officer of a member or members who have such 
90  responsibilities.; provided, however, Administrative support 
91  personnel, including, but not limited to, those whose primary 
92  duties and responsibilities are in accounting, purchasing, 
93  legal, and personnel, are shall not be included; 
94         2.(b) If employed The member must be employed as a 
95  firefighter, the member must and be certified, or required to be 
96  certified, in compliance with s. 633.35 and be employed solely 
97  within the fire department of a local government employer or an 
98  agency of state government with firefighting responsibilities. 
99  In addition, the member’s duties and responsibilities must 
100  include on-the-scene fighting of fires, fire prevention, or 
101  firefighter training; direct supervision of firefighting units, 
102  fire prevention, or firefighter training; or aerial firefighting 
103  surveillance performed by fixed-wing aircraft pilots employed by 
104  the Division of Forestry of the Department of Agriculture and 
105  Consumer Services; or the member must be the supervisor or 
106  command officer of a member or members who have such 
107  responsibilities.; provided, however, Administrative support 
108  personnel, including, but not limited to, those whose primary 
109  duties and responsibilities are in accounting, purchasing, 
110  legal, and personnel, are shall not be included; however, and 
111  further provided that all periods of creditable service in fire 
112  prevention or firefighter training, or as the supervisor or 
113  command officer of a member or members who have such 
114  responsibilities, and for which the employer paid the special 
115  risk contribution rate, are shall be included; or 
116         3.(c) If employed The member must be employed as a 
117  correctional officer, the member must and be certified, or 
118  required to be certified, in compliance with s. 943.1395. In 
119  addition, the member’s primary duties and responsibilities must 
120  be the custody, and physical restraint when necessary, of 
121  prisoners or inmates within a prison, jail, or other criminal 
122  detention facility, or while on work detail outside the 
123  facility, or while being transported; or the member must be the 
124  supervisor or command officer of a member or members who have 
125  such responsibilities.; provided, however, Administrative 
126  support personnel, including, but not limited to, those whose 
127  primary duties and responsibilities are in accounting, 
128  purchasing, legal, and personnel, are shall not be included; 
129  however, wardens and assistant wardens, as defined by rule, 
130  shall participate in the Special Risk Class.; 
131         (b) Effective October 1, 1999, special risk membership also 
132  includes an emergency medical technician or paramedic who is 
133         (d) The member must be employed by a licensed Advance Life 
134  Support (ALS) or Basic Life Support (BLS) employer as an 
135  emergency medical technician or a paramedic and be certified in 
136  compliance with s. 401.27. In addition, the member’s primary 
137  duties and responsibilities must include on-the-scene emergency 
138  medical care or direct supervision of emergency medical 
139  technicians or paramedics, or the member must be the supervisor 
140  or command officer of one or more members who have such 
141  responsibility. However, Administrative support personnel, 
142  including, but not limited to, those whose primary 
143  responsibilities are in accounting, purchasing, legal, and 
144  personnel, are shall not be included.; 
145         (c) Effective January 1, 2001, special risk membership also 
146  includes a community-based correctional probation officer who is 
147         (e) The member must be employed as a community-based 
148  correctional probation officer and is be certified, or required 
149  to be certified, in compliance with s. 943.1395. In addition, 
150  the member’s primary duties and responsibilities must be the 
151  supervised custody, surveillance, control, investigation, and 
152  counseling of assigned inmates, probationers, parolees, or 
153  community controllees within the community; or the member must 
154  be the supervisor of a member or members who have such 
155  responsibilities. Administrative support personnel, including, 
156  but not limited to, those whose primary duties and 
157  responsibilities are in accounting, purchasing, legal services, 
158  and personnel management, are shall not be included; however, 
159  probation and parole circuit and deputy circuit administrators 
160  shall participate in the Special Risk Class.; 
161         (d) Effective January 1, 2001, special risk membership also 
162  includes a professional health care bargaining unit or non-unit 
163  member who is employed by the Department of Corrections or the 
164  Department of Children and Family Services 
165         (f) The member must be employed in one of the following 
166  classes and who spends must spend at least 75 percent of his or 
167  her time performing duties that which involve contact with 
168  patients or inmates in a correctional or forensic facility or 
169  institution: 
170         1. Dietitian (class codes 5203 and 5204); 
171         2. Public health nutrition consultant (class code 5224); 
172         3. Psychological specialist (class codes 5230 and 5231); 
173         4. Psychologist (class code 5234); 
174         5. Senior psychologist (class codes 5237 and 5238); 
175         6. Regional mental health consultant (class code 5240); 
176         7. Psychological Services Director—DCF (class code 5242); 
177         8. Pharmacist (class codes 5245 and 5246); 
178         9. Senior pharmacist (class codes 5248 and 5249); 
179         10. Dentist (class code 5266); 
180         11. Senior dentist (class code 5269); 
181         12. Registered nurse (class codes 5290 and 5291); 
182         13. Senior registered nurse (class codes 5292 and 5293); 
183         14. Registered nurse specialist (class codes 5294 and 
184  5295); 
185         15. Clinical associate (class codes 5298 and 5299); 
186         16. Advanced registered nurse practitioner (class codes 
187  5297 and 5300); 
188         17. Advanced registered nurse practitioner specialist 
189  (class codes 5304 and 5305); 
190         18. Registered nurse supervisor (class codes 5306 and 
191  5307); 
192         19. Senior registered nurse supervisor (class codes 5308 
193  and 5309); 
194         20. Registered nursing consultant (class codes 5312 and 
195  5313); 
196         21. Quality management program supervisor (class code 
197  5314); 
198         22. Executive nursing director (class codes 5320 and 5321); 
199         23. Speech and hearing therapist (class code 5406); or 
200         24. Pharmacy manager (class code 5251).; 
201         (e) Effective July 1, 2001, special risk membership also 
202  includes a youth custody officer who is employed by the 
203  Department of Juvenile Justice and 
204         (g) The member must be employed as a youth custody officer 
205  and be certified, or required to be certified, in compliance 
206  with s. 943.1395. In addition, the member’s primary duties and 
207  responsibilities must be the supervised custody, surveillance, 
208  control, investigation, apprehension, arrest, and counseling of 
209  assigned juveniles within the community.; or 
210         (f)(h) Effective October 1, 2005, through June 30, 2008, 
211  the member must be employed by a law enforcement agency or 
212  medical examiner’s office in a forensic discipline recognized by 
213  the International Association for Identification and must 
214  qualify for active membership in the International Association 
215  for Identification. The member’s primary duties and 
216  responsibilities must include the collection, examination, 
217  preservation, documentation, preparation, or analysis of 
218  physical evidence or testimony, or both, or the member must be 
219  the direct supervisor, quality management supervisor, or command 
220  officer of one or more individuals with such responsibility. 
221  Administrative support personnel, including, but not limited to, 
222  those whose primary responsibilities are clerical or in 
223  accounting, purchasing, legal, and personnel, are shall not be 
224  included. 
225         (g)(i) Effective July 1, 2008, the member must be employed 
226  by the Department of Law Enforcement in the crime laboratory or 
227  by the Division of State Fire Marshal in the forensic laboratory 
228  in one of the following classes: 
229         1. Forensic technologist (class code 8459); 
230         2. Crime laboratory technician (class code 8461); 
231         3. Crime laboratory analyst (class code 8463); 
232         4. Senior crime laboratory analyst (class code 8464); 
233         5. Crime laboratory analyst supervisor (class code 8466); 
234         6. Forensic chief (class code 9602); or 
235         7. Forensic services quality manager (class code 9603). 
236         (h)(j) Effective July 1, 2008, the member must be employed 
237  by a local government law enforcement agency or medical 
238  examiner’s office and must spend at least 65 percent of his or 
239  her time performing duties that involve the collection, 
240  examination, preservation, documentation, preparation, or 
241  analysis of human tissues or fluids or physical evidence having 
242  potential biological, chemical, or radiological hazard or 
243  contamination, or use chemicals, processes, or materials that 
244  may have carcinogenic or health-damaging properties in the 
245  analysis of such evidence, or the member must be the direct 
246  supervisor of one or more individuals having such 
247  responsibility. If a special risk member changes to another 
248  position within the same agency, he or she must submit a 
249  complete application as provided in paragraph (3)(a). 
250         (i) Effective July 1, 2010, special risk membership also 
251  includes a member who is employed by a public acute care 
252  hospital that serves members of the public and serves as a 
253  trauma center, and that provides treatment to members of the 
254  public who have deadly or crippling infectious diseases, who are 
255  accused of or convicted of serious violent crimes, who have been 
256  subjected to hazardous materials or biological or chemical 
257  agents as a result of terrorism or industrial accidents, or who 
258  have diseases that require treatment interventions using 
259  extremely toxic substances. 
260         (4) REMOVAL OF SPECIAL RISK MEMBERSHIP.— 
261         (b) Any member who is a special risk member on July 1, 
262  2008, and who became eligible to participate under paragraph 
263  (2)(f) (2)(h) but fails to meet the criteria for special risk 
264  membership under established by paragraph (2)(g) (2)(i) or 
265  paragraph (2)(h) (2)(j) shall have his or her special risk 
266  designation removed and thereafter shall be a Regular Class 
267  member and earn only Regular Class membership credit. The 
268  department may review the special risk designation of members to 
269  determine whether or not those members continue to meet the 
270  criteria for special risk membership. 
271         (9) CREDIT FOR UPGRADED SERVICE.— 
272         (c) Any member of the Special Risk Class who has earned 
273  creditable service in another membership class of the Florida 
274  Retirement System in a position with the Department of Law 
275  Enforcement or the Division of State Fire Marshal and became 
276  covered by the Special Risk Class as described in paragraph 
277  (2)(g) (2)(i), or with a local government law enforcement agency 
278  or medical examiner’s office and became covered by the Special 
279  Risk Class as described in paragraph (2)(h) (2)(j), which 
280  service is within the purview of the Special Risk Class, and is 
281  employed in such position on or after July 1, 2008, may purchase 
282  additional retirement credit to upgrade such service to Special 
283  Risk Class service, to the extent of the percentages of the 
284  member’s average final compensation provided in s. 
285  121.091(1)(a)2. The cost for such credit must shall be an amount 
286  representing the actuarial accrued liability for the difference 
287  in accrual value during the affected period of service. The cost 
288  shall be calculated using the discount rate and other relevant 
289  actuarial assumptions that were used to value the Florida 
290  Retirement System defined benefit plan liabilities in the most 
291  recent actuarial valuation. The Division of Retirement shall 
292  ensure that the transfer sum is prepared using a formula and 
293  methodology certified by an enrolled actuary. The cost must be 
294  paid immediately upon notification by the division. The local 
295  government employer may purchase the upgraded service credit on 
296  behalf of the member if the member has been employed by that 
297  employer for at least 3 years. 
298         Section 3. The Legislature finds that a proper and 
299  legitimate state interest is served when employees of public 
300  acute care hospitals that serve members of the public who have 
301  deadly or crippling infectious diseases, who are accused of or 
302  convicted of serious violent crimes, who have been subjected to 
303  hazardous materials or biological or chemical agents as a result 
304  of terrorism or industrial accidents, or who have diseases that 
305  require treatment interventions using extremely toxic substances 
306  are classified as members of the special risk class of the 
307  Florida Retirement System. These persons must be provided 
308  benefits that are fair and adequate and that are managed, 
309  administered, and funded in an actuarially sound manner as 
310  required by s. 14, Article X of the State Constitution, and part 
311  VII of chapter 112, Florida Statutes. Therefore, the Legislature 
312  determines and declares that the amendment of s. 121.091, 
313  Florida Statutes, made by this act fulfills an important state 
314  interest. 
315         Section 4. This act shall take effect July 1, 2010.