To date, there have been 8 bills filed relating to “public sector retirement plans“. Of these, House Bill 365 by Representatives Costello and Julien and Senate Bill 910 by Senator Hays specifically relate to local pension plans.
 

Specifically, House Bill 365/Senate Bill 910 contains the following:
 

amends s.112.18, F.S. relating to disability presumptions to revise the conditions and level of proof (preponderance of evidence rather than competent evidence) that is necessary to prove that a presumption is occupationally related (inclusive of pension disability and death benefits and those benefits provided pursuant to workers compensation claims),

also sets forth that the employee seeking the disability presumption must have been employed for at least 5 years and be less than 37 years of age,
 

amends s. 175.061, F.S., requiring that a board of trustees provide a detailed accounting report of its expenses to the plan sponsor, the Department of Management Services, and the members of the plan each fiscal year,
 

requiring, but not limiting the report, to expenses relating to legal counsel, actuarial services, a plan administrator, and all other consultants, and include all travel and other expenses of the board members or anyone else on behalf of the plan,
 

operate under an administrative expense budget and provide a copy of the budget to the plan sponsor and make available to the plan members a copy of the budget prior to the beginning of the fiscal year,
 

requires that an amendment to the expense budget by the board must be provided to the plan sponsor and an available copy to the plan members prior to the amendment taking effect,
 

amends s. 175.101(4), F.S, and provides that when a plan sponsor elects to discontinue participation in the local pension plan program (as authorized by Chapter 175, F.S.) the imposed excise premium tax shall not be imposed on the property within the geographic boundaries of that plan sponsor,
 

amends s. 175.231, F.S., sand provides medical conditions or behaviors that are appropriate for consideration in denying or overcoming the presumption of accidental disabilities or death suffered in the line of duty for firefighters,
 

additionally and consistent with the proposed changes to s. 112.18, F.S., changes the evidentiary standard from competent evidence to the preponderance of evidence,
 

amends s. 175.351, F.S., and provides that the use of the income from the premium tax must be implemented in accordance with the collective bargaining process or the provisions of the pension plan where applicable,
 

provides that when a collective bargaining agreement ends and absent a new collective bargaining agreement having been agreed to, that the pension benefits shall revert to the minimum benefits as provided in 175.162(2)(a) and that the income from the premium tax may be used as unilaterally determined by the municipality or special fire control district,
 

eliminates all statutory references to “extra benefits”
 

provides that premium tax revenues allocated to the supplemental plan shall be determined by collective bargaining or the provisions of the pension plan where applicable,
 

when and if a new collective bargaining is not reached, the amount of the premium tax revenues allocated to the supplemental plan shall be determined unilaterally by the municipality or special fire control district until a new agreement is reached,
 

authorizes a municipality or special fire control district to unilaterally establish one or more new plans, or benefits levels based on a date of hire, if the new plan meets or exceeds the minimum benefits as prescribed by the chapter,
 

authorizes a municipality or special fire control district to unilaterally elect to maintain an existing plan and join the FRS or establish a defined contribution plan for employees hired after a specified date; for those municipalities and special fire control districts using this election they are mandated to use the premium tax revenue for the current plan or benefit level, for any additional plan or benefit level, for contributions to the FRS, or for contributions to a defined contribution plan,
 

amends s. 175.361, F.S. relating to plan termination and fund distribution, requires that the board of trustees in carrying out its responsibilities are subject to prior written approval of the municipality or special fire control district,
 

additionally directs the Department of Management Services when effectuating a fund termination that it be in a manner having the least fiscal impact on the municipality or special fire control district,
 

amends s. 185.02, F.S., and removes the statutory language which provides that overtime payments shall not be less than 300 hours
 

amends the remaining Chapter 185 provisions to be consistent with the changes to the Chapter 175 provisions within the proposed bills,
 

provides that the Legislature determines and declares that this act fulfils an important state interest.
 

provides an effective date of July 1, 2012.
 

Florida Retirement System Bills
 

Senate Bill 198 by Senator Thrasher and House Bill 495 by Representative Jones amends s.121.35, F.S. relating to the State University Optional Retirement Program and increases the current number of companies, from 5 to 6, which investment products/contracts can be purchased.
 

Senate Bill 424 by Senator Smith revises current special risk membership criteria to include “court deputies”.
 

House Bill 525 by Representative Workman revises definitions of the terms “normal retirement date”, “vested”, or “vesting” for special risk members employed prior to July 1, 2012. Requires new employees, after July 1, 2012 to, by default, be enrolled in the investment plan.
 

Senate Bill 542 by Senator Smith provides that a designated beneficiary of a member of FRS is eligible to receive the same death benefits as provided to a joint annuitant of a member.
 

Senate Bill 660 by Senator Dean allows a judge who has at least 12 years of service, and under meeting certain criteria, to serve as a retired judge. Exempts a retired judge from the termination and reemployment limitations as provided pursuant to s. 121.053, F.S.
 

The Legislature is back in Tallahassee for committee meetings this week, however, none of the above bills have been scheduled for consideration. We are now approximately 2 months from the convening of the 2012 Regular Legislative Session.
 

On another note, the Leroy Collins Institute has just completed another report in its’ series relating to local pension plans. This particular report is entitled “Tough Choices Report Card: Florida Municipal Pension Plans November 2011 and can be accessed from their website. The report provides a grading system which bases the grade (A through F) on the percentage of unfunded liability of each of the plans. The report covers police and fire (separate and combined) and general employee plans statewide. The report can be accessed through their website.