Bill Text: FL S1540 | 2011 | Regular Session | Introduced
Bill Title: Florida Retirement System
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1540 Detail]
Download: Florida-2011-S1540-Introduced.html
Florida Senate - 2011 SB 1540 By Senator Smith 29-01638A-11 20111540__ 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 court deputies; providing legislative 7 findings that the act fulfills an important state 8 interest; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Subsection (15) of section 121.021, Florida 13 Statutes, is amended to read: 14 121.021 Definitions.—The following words and phrases as 15 used in this chapter have the respective meanings set forth 16 unless a different meaning is plainly required by the context: 17 (15) “Special risk member” means a member who meets the 18 criteria specified in s. 121.0515. 19(a)Until October 1, 1978, “special risk member” means any20officer or employee whose application is approved by the21administrator and who receives salary payments for work22performed as a peace officer; law enforcement officer; police23officer; highway patrol officer; custodial employee at a24correctional or detention facility; correctional agency employee25whose duties and responsibilities involve direct contact with26inmates, but excluding secretarial and clerical employees;27firefighter; or an employee in any other job in the field of law28enforcement or fire protection if the duties of such person are29certified as hazardous by his or her employer.30(b)Effective October 1, 1978, “special risk member” means31a member of the Florida Retirement System who is designated as a32special risk member by the division in accordance with s.33121.0515. Such member must be employed as a law enforcement34officer, a firefighter, or a correctional officer and must meet35certain other special criteria as set forth in s.121.0515.36(c)Effective October 1, 1999, “special risk member” means37a member of the Florida Retirement System who is designated as a38special risk member by the division in accordance with s.39121.0515. Such member must be employed as a law enforcement40officer, a firefighter, a correctional officer, an emergency41medical technician, or a paramedic and must meet certain other42special criteria as set forth in s.121.0515.43(d)1.Effective January 1, 2001, “special risk member”44includes any member who is employed as a community-based45correctional probation officer and meets the special criteria46set forth in s.121.0515(2)(e).472.Effective January 1, 2001, “special risk member”48includes any professional health care bargaining unit or non49unit member who is employed by the Department of Corrections or50the Department of Children and Family Services and meets the51special criteria set forth in s.121.0515(2)(f).52(e)Effective July 1, 2001, the term “special risk member”53includes any member who is employed as a youth custody officer54by the Department of Juvenile Justice and meets the special55criteria set forth in s.121.0515(2)(g).56(f)Effective August 1, 2008, “special risk member”57includes any member who meets the special criteria for continued58membership set forth in s.121.0515(2)(k).59 Section 2. Subsection (2), paragraph (b) of subsection (4), 60 paragraph (d) of subsection (7), and paragraph (c) of subsection 61 (9) of section 121.0515, Florida Statutes, are amended to read: 62 121.0515 Special risk membership.— 63 (2) CRITERIA.—Before October 1, 1978A member, to be 64 designated as a special risk member, the member’s application 65 must be approved by the administrator and the member must 66 receive salary payments for work performed as a peace officer; 67 law enforcement officer; police officer; highway patrol officer; 68 custodial employee at a correctional or detention facility; 69 correctional agency employee whose duties and responsibilities 70 involve direct contact with inmates, but excluding secretarial 71 and clerical employees; firefighter; or an employee in any other 72 job in the field of law enforcement or fire protection if the 73 member’s duties are certified as hazardous by his or her 74 employer. Effective October 1, 1978, a member must be designated 75 as a special risk member by the department andmustmeet the 76 following criteria: 77 (a) Effective October 1, 1978, the member must be employed 78 as a law enforcement officer, a firefighter, or a correctional 79 officer and: 80 1.(a)If employedThe member must be employedas a law 81 enforcement officer, the member mustandbe certified, or 82 required to be certified, in compliance with s. 943.1395; 83 however, sheriffs and elected police chiefs areshall be84 excluded from meeting the certification requirementsof this85paragraph. In addition, the member’s duties and responsibilities 86 must include the pursuit, apprehension, and arrest of law 87 violators or suspected law violators;orthe member must be an 88 active member of a bomb disposal unit whose primary 89 responsibility is the location, handling, and disposal of 90 explosive devices; or the member must be the supervisor or 91 command officer of a member or members who have such 92 responsibilities.; provided, however,Administrative support 93 personnel, including, but not limited to, those whose primary 94 duties and responsibilities are in accounting, purchasing, 95 legal, and personnel, areshallnotbeincluded; 96 2.(b)If employedThe member must be employedas a 97 firefighter, the member mustandbe certified, or required to be 98 certified, in compliance with s. 633.35 and be employed solely 99 within the fire department of a local government employer or an 100 agency of state government with firefighting responsibilities. 101 In addition, the member’s duties and responsibilities must 102 include on-the-scene fighting of fires, fire prevention, or 103 firefighter training; direct supervision of firefighting units, 104 fire prevention, or firefighter training; or aerial firefighting 105 surveillance performed by fixed-wing aircraft pilots employed by 106 the Division of Forestry of the Department of Agriculture and 107 Consumer Services; or the member must be the supervisor or 108 command officer of a member or members who have such 109 responsibilities.; provided, however,Administrative support 110 personnel, including, but not limited to, those whose primary 111 duties and responsibilities are in accounting, purchasing, 112 legal, and personnel, areshallnotbeincluded; however,and113further provided thatall periods of creditable service in fire 114 prevention or firefighter training, or as the supervisor or 115 command officer of a member or members who have such 116 responsibilities, and for which the employer paid the special 117 risk contribution rate, areshall beincluded; or 118 3.(c)If employedThe member must be employedas a 119 correctional officer, the member mustandbe certified, or 120 required to be certified, in compliance with s. 943.1395. In 121 addition, the member’s primary duties and responsibilities must 122 be the custody, and physical restraint when necessary, of 123 prisoners or inmates within a prison, jail, or other criminal 124 detention facility, or while on work detail outside the 125 facility, or while being transported; or the member must be the 126 supervisor or command officer of a member or members who have 127 such responsibilities.; provided, however,Administrative 128 support personnel, including, but not limited to, those whose 129 primary duties and responsibilities are in accounting, 130 purchasing, legal, and personnel, areshallnotbeincluded; 131 however, wardens and assistant wardens, as defined by rule, 132 shall participate in the Special Risk Class.;133 (b) Effective October 1, 1999, special risk membership also 134 includes an emergency medical technician or paramedic who is 135(d)The member must beemployed by a licensed Advance Life 136 Support (ALS) or Basic Life Support (BLS) employeras an137emergency medical technician or a paramedicand isbecertified 138 in compliance with s. 401.27. In addition, the member’s primary 139 duties and responsibilities must include on-the-scene emergency 140 medical care or direct supervision of emergency medical 141 technicians or paramedics, or the member must be the supervisor 142 or command officer of one or more members who have such 143 responsibility.However,Administrative support personnel, 144 including, but not limited to, those whose primary 145 responsibilities are in accounting, purchasing, legal, and 146 personnel, areshallnotbeincluded.;147 (c) Effective January 1, 2001, special risk membership also 148 includes a community-based correctional probation officer who is 149(e)The member must beemployed as a community-based 150 correctional probation officer and isbecertified, or required 151 to be certified, in compliance with s. 943.1395. In addition, 152 the member’s primary duties and responsibilities must be the 153 supervised custody, surveillance, control, investigation, and 154 counseling of assigned inmates, probationers, parolees, or 155 community controllees within the community; or the member must 156 be the supervisor of a member or members who have such 157 responsibilities. Administrative support personnel, including, 158 but not limited to, those whose primary duties and 159 responsibilities are in accounting, purchasing, legal services, 160 and personnel management, areshallnotbeincluded; however, 161 probation and parole circuit and deputy circuit administrators 162 shall participate in the Special Risk Class.;163 (d) Effective January 1, 2001, special risk membership also 164 includes a professional health care bargaining unit or non-unit 165 member who is employed by the Department of Corrections or the 166 Department of Children and Family Services 167(f)The member must beemployedin one of the following 168 classes and who spendsmustspendat least 75 percent of his or 169 her time performing duties thatwhichinvolve contact with 170 patients or inmates in a correctional or forensic facility or 171 institution: 172 1. Dietitian (class codes 5203 and 5204); 173 2. Public health nutrition consultant (class code 5224); 174 3. Psychological specialist (class codes 5230 and 5231); 175 4. Psychologist (class code 5234); 176 5. Senior psychologist (class codes 5237 and 5238); 177 6. Regional mental health consultant (class code 5240); 178 7. Psychological Services Director—DCF (class code 5242); 179 8. Pharmacist (class codes 5245 and 5246); 180 9. Senior pharmacist (class codes 5248 and 5249); 181 10. Dentist (class code 5266); 182 11. Senior dentist (class code 5269); 183 12. Registered nurse (class codes 5290 and 5291); 184 13. Senior registered nurse (class codes 5292 and 5293); 185 14. Registered nurse specialist (class codes 5294 and 186 5295); 187 15. Clinical associate (class codes 5298 and 5299); 188 16. Advanced registered nurse practitioner (class codes 189 5297 and 5300); 190 17. Advanced registered nurse practitioner specialist 191 (class codes 5304 and 5305); 192 18. Registered nurse supervisor (class codes 5306 and 193 5307); 194 19. Senior registered nurse supervisor (class codes 5308 195 and 5309); 196 20. Registered nursing consultant (class codes 5312 and 197 5313); 198 21. Quality management program supervisor (class code 199 5314); 200 22. Executive nursing director (class codes 5320 and 5321); 201 23. Speech and hearing therapist (class code 5406); or 202 24. Pharmacy manager (class code 5251).;203 (e) Effective July 1, 2001, special risk membership also 204 includes a youth custody officer who is employed by the 205 Department of Juvenile Justice and is 206(g)The member must be employed as a youth custody officer207and becertified, or required to be certified, in compliance 208 with s. 943.1395. In addition, the member’s primary duties and 209 responsibilities must be the supervised custody, surveillance, 210 control, investigation, apprehension, arrest, and counseling of 211 assigned juveniles within the community.;212 (f)(h)Effective October 1, 2005, through June 30, 2008, 213 the member must be employed by a law enforcement agency or 214 medical examiner’s office in a forensic discipline recognized by 215 the International Association for Identification and must 216 qualify for active membership in the International Association 217 for Identification. The member’s primary duties and 218 responsibilities must include the collection, examination, 219 preservation, documentation, preparation, or analysis of 220 physical evidence or testimony, or both, or the member must be 221 the direct supervisor, quality management supervisor, or command 222 officer of one or more individuals with such responsibility. 223 Administrative support personnel, including, but not limited to, 224 those whose primary responsibilities are clerical or in 225 accounting, purchasing, legal, and personnel, areshallnotbe226 included.;227 (g)(i)Effective July 1, 2008, the member must be employed 228 by the Department of Law Enforcement in the crime laboratory or 229 by the Division of State Fire Marshal in the forensic laboratory 230 in one of the following classes: 231 1. Forensic technologist (class code 8459); 232 2. Crime laboratory technician (class code 8461); 233 3. Crime laboratory analyst (class code 8463); 234 4. Senior crime laboratory analyst (class code 8464); 235 5. Crime laboratory analyst supervisor (class code 8466); 236 6. Forensic chief (class code 9602); or 237 7. Forensic services quality manager (class code 9603).;238 (h)(j)Effective July 1, 2008, the member must be employed 239 by a local government law enforcement agency or medical 240 examiner’s office and must spend at least 65 percent of his or 241 her time performing duties that involve the collection, 242 examination, preservation, documentation, preparation, or 243 analysis of human tissues or fluids or physical evidence having 244 potential biological, chemical, or radiological hazard or 245 contamination, or use chemicals, processes, or materials that 246 may have carcinogenic or health-damaging properties in the 247 analysis of such evidence, or the member must be the direct 248 supervisor of one or more individuals having such 249 responsibility. If a special risk member changes to another 250 position within the same agency, he or she must submit a 251 complete application as provided in paragraph (3)(a).;or252 (i)(k)Effective August 1, 2009, the member must have 253 already qualified for and be actively participating in special 254 risk membership under paragraph (a),paragraph (b), or paragraph255(c),must have suffered a qualifying injuryas defined in this256paragraph, must not be receiving disability retirement benefits 257 underas provided ins. 121.091(4), and must satisfy the 258 requirements of this paragraph. 259 1.The ability to qualify for the class of membership260defined in s.121.021(15)(f) shall occur whenTwo licensed 261 medical physicians, one of whom is the member’saprimary 262 treating physicianof the member, must certify the existence of 263the physical injury and medical condition that constitutea 264 qualifying injuryas defined in this paragraphandthatthe 265 member must havehasreached maximum medical improvement after 266 August 1, 2008. The certificationsfrom the licensed medical267physiciansmust include, at a minimum, that the injuryto the268special risk member hasresulted in a physical loss, or loss of 269 use, of at least two of the following: left arm, right arm, left 270 leg, or right leg; and that: 271 a. TheThat thisphysical loss or loss of use is total and 272 permanent, unlessexcept in the event thatthe loss of use is 273 due to a physical injury to the member’s brain, in which event 274 the loss of use is permanent with at least 75-percent loss of 275 motor function with respect to each arm or leg affected. 276 b. TheThat thisphysical loss or loss of use renders the 277 member physically unable to perform the essential job functions 278 of his or her special risk position. 279 c.That,Notwithstanding thethisphysical loss or loss of 280 use, the individual is able to perform the essential job 281 functions required by the member’s new position, as provided in 282 subparagraph 3. 283 d. TheThatuse of artificial limbs iseithernot possible 284 or does not alter the member’s ability to perform the essential 285 job functions of the member’s position. 286 e.ThatThe physical loss or loss of use is a direct result 287 of a physical injury and not a result of any mental, 288 psychological, or emotional injury. 289 2. For the purposes of this paragraph, “qualifying injury” 290 means a physicalaninjury and medical condition sustained in 291 the line of duty, as certified by the member’s employing agency, 292 whichby aspecial risk member thatdoes not result in total and 293 permanent disability as defined in s. 121.091(4)(b). An injury 294 is a qualifying injury ifwhenthe injury is a physical injury 295 to the member’s physical body resulting in a physical loss, or 296 loss of use, of at least two of the following: left arm, right 297 arm, left leg, or right leg. Notwithstanding anything in this 298 sectionto the contrary, an injury that would otherwise qualify 299 as a qualifying injury isshallnotbe considereda qualifying 300 injury if and when the member ceases employment with the 301 employer for whom he or she was providing special risk services 302 on the date the injury occurred. 303 3. The new position, as described in sub-subparagraph 1.c., 304that is required for qualification as a special risk member305under this paragraphis not required to be a position that has 306withessential job functions that entitle an individual to 307 special risk membership. Whether theanew positionas described308in sub-subparagraph 1.c.exists and is available to the special 309 risk member is a decision to be made solely by the employer in 310 accordance with its hiring practices and applicable law. 311 4. This paragraph does not grant or create additional 312 rights for ananyindividual to continued employment or to be 313 hired or rehired by his or her employer whichthatare not 314 already provided under state lawwithin the Florida Statutes,315the State Constitution, the Americans with Disabilities Act, if 316 applicable, or any other applicable state or federal law. 317 (j) Effective July 1, 2011, special risk membership also 318 includes a member who is a court deputy in the state court 319 system and whose primary duties include transporting, 320 controlling, and fingerprinting prisoners within the courthouse; 321 maintaining care and control of juries; notifying court 322 administration when larger courtrooms are needed, bringing 323 judge’s supplies to the courtroom, announcing the judge and 324 calling the court to order; and maintaining a safe and secure 325 environment for the public in a courtroom setting. 326 Administrative support personnel, including, but not limited to, 327 those whose primary responsibilities are clerical or in 328 accounting, purchasing, legal, and personnel, are not included. 329 (4) REMOVAL OF SPECIAL RISK MEMBERSHIP.— 330 (b) Any member who is a special risk member on July 1, 331 2008, and who became eligible to participate under paragraph 332 (2)(f)(2)(h)but fails to meet the criteria for special risk 333 membership underestablished byparagraph (2)(g)(2)(i)or 334 paragraph (2)(h)(2)(j)shall have his or her special risk 335 designation removed and thereafter shall be a Regular Class 336 member and earn only Regular Class membership credit. The 337 department may review the special risk designation of members to 338 determine whetheror notthose members continue to meet the 339 criteria for special risk membership. 340 (7) RETENTION OF SPECIAL RISK NORMAL RETIREMENT DATE.— 341 (d)Notwithstanding any provision of this subsection to the342contrary,This subsection does not apply to aanyspecial risk 343 member who qualifies for continued membership underpursuant to344the provisions ofparagraph (2)(i)(2)(k). 345 (9) CREDIT FOR UPGRADED SERVICE.— 346 (c) Any member of the Special Risk Class who has earned 347 creditable service in another membership class of the Florida 348 Retirement System in a position with the Department of Law 349 Enforcement or the Division of State Fire Marshal and became 350 covered by the Special Risk Class as described in paragraph 351 (2)(g)(2)(i), or with a local government law enforcement agency 352 or medical examiner’s office and became covered by the Special 353 Risk Classasdescribed in paragraph (2)(h)(2)(j), which 354 service is within the purview of the Special Risk Class, and is 355 employed in such position on or after July 1, 2008, may purchase 356 additional retirement credit to upgrade such service to Special 357 Risk Class service,to the extent of the percentages of the 358 member’s average final compensation provided in s. 359 121.091(1)(a)2. The cost for such credit mustshallbe an amount 360 representing the actuarial accrued liability for the difference 361 in accrual value during the affected period of service. The cost 362 shall be calculated using the discount rate and other relevant 363 actuarial assumptions that were used to value the Florida 364 Retirement System defined benefit plan liabilities in the most 365 recent actuarial valuation. The Division of Retirement shall 366 ensure that the transfer sum is prepared using a formula and 367 methodology certified by an enrolled actuary. The cost must be 368 paid immediately upon notification by the division. The local 369 government employer may purchase the upgraded service credit on 370 behalf of the member if the member has been employed by that 371 employer for at least 3 years. 372 Section 3. The Legislature finds that a proper and 373 legitimate state interest is served when state court employees 374 who are responsible for maintaining a safe and secure 375 environment for staff and the public in a courtroom setting are 376 classified as members of the special risk class of the Florida 377 Retirement System. These persons must be provided benefits that 378 are fair and adequate and that are managed, administered, and 379 funded in an actuarially sound manner as required by s. 14, 380 Article X of the State Constitution, and part VII of chapter 381 112, Florida Statutes. Therefore, the Legislature determines and 382 declares that the amendment of s. 121.0515, Florida Statutes, 383 made by this act fulfills an important state interest. 384 Section 4. This act shall take effect July 1, 2011.