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Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1540 Detail]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 any
   20  officer or employee whose application is approved by the
   21  administrator and who receives salary payments for work
   22  performed as a peace officer; law enforcement officer; police
   23  officer; highway patrol officer; custodial employee at a
   24  correctional or detention facility; correctional agency employee
   25  whose duties and responsibilities involve direct contact with
   26  inmates, but excluding secretarial and clerical employees;
   27  firefighter; or an employee in any other job in the field of law
   28  enforcement or fire protection if the duties of such person are
   29  certified as hazardous by his or her employer.
   30         (b)Effective October 1, 1978, “special risk member” means
   31  a member of the Florida Retirement System who is designated as a
   32  special risk member by the division in accordance with s.
   33  121.0515. Such member must be employed as a law enforcement
   34  officer, a firefighter, or a correctional officer and must meet
   35  certain other special criteria as set forth in s. 121.0515.
   36         (c)Effective October 1, 1999, “special risk member” means
   37  a member of the Florida Retirement System who is designated as a
   38  special risk member by the division in accordance with s.
   39  121.0515. Such member must be employed as a law enforcement
   40  officer, a firefighter, a correctional officer, an emergency
   41  medical technician, or a paramedic and must meet certain other
   42  special criteria as set forth in s. 121.0515.
   43         (d)1.Effective January 1, 2001, “special risk member”
   44  includes any member who is employed as a community-based
   45  correctional probation officer and meets the special criteria
   46  set forth in s. 121.0515(2)(e).
   47         2.Effective January 1, 2001, “special risk member”
   48  includes any professional health care bargaining unit or non
   49  unit member who is employed by the Department of Corrections or
   50  the Department of Children and Family Services and meets the
   51  special criteria set forth in s. 121.0515(2)(f).
   52         (e)Effective July 1, 2001, the term “special risk member”
   53  includes any member who is employed as a youth custody officer
   54  by the Department of Juvenile Justice and meets the special
   55  criteria set forth in s. 121.0515(2)(g).
   56         (f)Effective August 1, 2008, “special risk member”
   57  includes any member who meets the special criteria for continued
   58  membership 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, 1978 A 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 and must meet 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 employed The member must be employed as a law
   81  enforcement officer, the member must and be certified, or
   82  required to be certified, in compliance with s. 943.1395;
   83  however, sheriffs and elected police chiefs are shall be
   84  excluded from meeting the certification requirements of this
   85  paragraph. In addition, the member’s duties and responsibilities
   86  must include the pursuit, apprehension, and arrest of law
   87  violators or suspected law violators; or the 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, are shall not be included;
   96         2.(b)If employed The member must be employed as a
   97  firefighter, the member must and be 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, are shall not be included; however, and
  113  further provided that all 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, are shall be included; or
  118         3.(c)If employed The member must be employed as a
  119  correctional officer, the member must and be 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, are shall not be included;
  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 be employed by a licensed Advance Life
  136  Support (ALS) or Basic Life Support (BLS) employer as an
  137  emergency medical technician or a paramedic and is be certified
  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, are shall not be included.;
  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 be employed as a community-based
  150  correctional probation officer and is be certified, 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, are shall not be included; 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 be employed in one of the following
  168  classes and who spends must spend at least 75 percent of his or
  169  her time performing duties that which involve 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 officer
  207  and be certified, 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, are shall not be
  226  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).;or
  252         (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 paragraph
  255  (c), must have suffered a qualifying injury as defined in this
  256  paragraph, must not be receiving disability retirement benefits
  257  under as provided in s. 121.091(4), and must satisfy the
  258  requirements of this paragraph.
  259         1. The ability to qualify for the class of membership
  260  defined in s. 121.021(15)(f) shall occur when Two licensed
  261  medical physicians, one of whom is the member’s a primary
  262  treating physician of the member, must certify the existence of
  263  the physical injury and medical condition that constitute a
  264  qualifying injury as defined in this paragraph and that the
  265  member must have has reached maximum medical improvement after
  266  August 1, 2008. The certifications from the licensed medical
  267  physicians must include, at a minimum, that the injury to the
  268  special risk member has resulted 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. The That this physical loss or loss of use is total and
  272  permanent, unless except in the event that the 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. The That this physical 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 the this physical 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. The That use of artificial limbs is either not possible
  284  or does not alter the member’s ability to perform the essential
  285  job functions of the member’s position.
  286         e. That The 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 physical an injury and medical condition sustained in
  291  the line of duty, as certified by the member’s employing agency,
  292  which by a special risk member that does not result in total and
  293  permanent disability as defined in s. 121.091(4)(b). An injury
  294  is a qualifying injury if when the 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  section to the contrary, an injury that would otherwise qualify
  299  as a qualifying injury is shall not be considered a 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.,
  304  that is required for qualification as a special risk member
  305  under this paragraph is not required to be a position that has
  306  with essential job functions that entitle an individual to
  307  special risk membership. Whether the a new position as described
  308  in 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 an any individual to continued employment or to be
  313  hired or rehired by his or her employer which that are not
  314  already provided under state law within the Florida Statutes,
  315  the 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 under established by paragraph (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 whether or not those 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 the
  342  contrary, This subsection does not apply to a any special risk
  343  member who qualifies for continued membership under pursuant to
  344  the provisions of paragraph (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 Class as described 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 must shall be 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.

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