Fort Walton Beach Resolution — 2011-41--support police and fire pension reforms — reading text

Dl3PUS1TION RESOLUTION 2011 -41 s0U Ca r A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA 0 SUPPORTING POLICE OFFICER AND FIREFIGHTER PENSION PLAN AND DISABILITY PRESUMPTION REFORMS TO MAKE THE PLANS SUSTAINABLE, SOUND AND SECURE FOR CURRENT AND FUTURE POLICE OFFICERS AND FIREFIGHTERS; AND PROVIDING AN EFFECTIVE DATE. Whereas, to honor their service now and in years to come, current and future police officers and firefighters in the City of Fort Walton Beach deserve pension plans that are sound, secure and sustainable; and Whereas, the City of Fort Walton Beach opposes unfunded mandates from the Florida Legislature that have created a pension plan system for local police officers and firefighters that is unstable, unsustainable and unreliable for current and future police officers and firefighters; and Whereas, since 1999 the mandate to provide new, extra pension benefits to police and firefighters with increases in insurance premium tax revenues has required cities across the state to provide collectively more than $ 460 million in new, extra pension benefits to police and firefighters and state pension mandates continue to force the City of Fort Walton Beach to provide extra pension benefits to police and firefighters even though the City of Fort Walton Beach struggles with funding the current level of pension benefits provided to police and firefighters; and Whereas, the Florida Legislature has provided that health conditions related to heart disease, hypertension or tuberculosis suffered by a police officer or firefighter are presumed to be job related, and these " disability presumptions" are applicable to both workers' compensation and disability pension claims; and Whereas, the Florida Legislature has written and the courts have interpreted the disability presumption laws so favorably toward these employees that cities and other government employers basically cannot overcome the presumption and show the health condition was not work related; and Whereas, " disability presumptions" and other loopholes in the police officer and firefighter pension laws threaten the City of Fort Walton Beach taxpayer- funded police and firefighter pension plan by increasing the potential for abuse in the police and firefighter pension system; and Whereas, the Florida Legislature transferred all operational and administrative control of police and firefighter pension plans from the City of Fort Walton Beach to a legislatively created board of trustees, a separate legal entity apart from the City of Fort Walton Beach that exercises broad powers outside the City of Fort Walton Beach' s control, and is not required to provide fiscal transparency or accountability for substantial amounts of public funds; and Whereas, the City of Fort Walton Beach supports flexibility in state law that would allow cities to deal with their local problems locally, and needs for the Florida Legislature to remove barriers in state law that prohibit this flexibility; and Whereas, the City of Fort Walton Beach is seeking immediate mandate relief from the Florida Legislature and requests the Legislature to untie its hands so that it can responsibly address its pension and other personnel issues locally and in a manner that best serves its taxpayers, stops potential pension abuse and protects pensions for current and future generations of police and firefighters. NOW, THEREFORE, BE RESOLVED BY THE CITY COUi, —IL OF THE CITY OF FORT WALTON BEACH, FLORIDA THAT: Section 1. The City Council hereby supports responsible police and firefighter defined benefit pension and disability presumption reforms to ensure sound, secure and stable pensions will be there for current and future police and firefighters. Section 2. The City Council hereby requests the Florida Legislature to remove mandates establishing minimum pension benefit standards for police and firefighter pensions, remove the requirement to provide new, extra pension benefits to police and firefighters, and allow the City to use insurance premium tax revenues to pay for the level of pension benefits for police and firefighters that meets the needs and priorities of the City. Section 3. The City Council hereby requests the Florida Legislature to prohibit the state Division of Retirement from imposing administrative policies that result in increased costs to the taxpayers of the City in providing the police and firefighter pension plans and to impose reasonable fiscal transparency and accountability standards on legislatively created police and firefighter pension boards of trustees. Section 4. The City Council hereby requests the Florida Legislature to enact responsible police officer and firefighter pension reforms to bring a fairer balance to the application of disability presumption laws relating to certain health conditions suffered by firefighters and police officers by requiring a police officer or firefighter to meet age and employment requirements, allowing a disability presumption to be overcome by a preponderance of the evidence, and allowing certain individual risk factors to be considered when applying a disability presumption, such as tobacco use, weight and diet, genetics and lifestyle choices. Section 5. The City Council urges the Florida Legislature to pass and the Governor to approve the above responsible pension reform recommendations relating to police and firefighter pension plans and disability presumptions in the 2012 legislative session. Section 6. The City Clerk is directed to transmit a copy of this resolution to Governor Rick Scott, the Florida Legislature, and the Florida League of Cities, Inc. Section 7. This Resolution shall take effect immediately upon approval by the City Council and signature of the Mayor. Adopted by the City Council on this 13th day of December 2011. A114— Mike Anderson, Mayor Approved for form and 1 a t' ency ayw ykes Jr., C ttom  Uty of Fort Walton Beach = . America' s Most Beautiful Beaches 2" ' 107 Miracle Strip Parkway, SW - Fort Walton Beach, F132548 850) 833 -9500 • Fax ( 850) 833 -9640 ni— N -o ' I, oM TDD ( 850) 833 -9925 Mike Anderson Mayor 850 -833 -9510 mandersonaAvh. ore Al So sEr TD q o?-ibA - . eASUe December 19, 2011 i\ ICK Ste" 100c, 3}Z, ox.5o1J Florida League of Cities 1 PO Box 1757 - 3), 6 A, 2-TZ' 1 Tallahassee, FL 32302 -1757 MAL (pl¢U RAtt—bzti:ke To Whom It May Concern: ' GRt(, (=ve.es 4 MA 61acA-z At its regularly scheduled Council meeting of December 13, 2011, the Fort Walton Beach City Council adopted the attached Res. 2011 -41 supporting Police Officer and Firefighter Pension Plans and Disability Presumption Reforms to make the plans sustainable, sound and secure for current and future Police Officers and firefighters. Regards, vim Mike Anderson Mayor Mp CERTIFIED A TRUE AND CORRECT COPY CITY OF FORT WALTON BEACH HE 01 ENC' R, CITY CL BY: SATE; - i "! I