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Fort Walton Beach Council agenda — 11-14-06 (regular) — reading text
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I'~,'"
f~ nds; creati.on; applicab.ility of provisions;
va ' ance shall provide a greater benefit for police offi- participa_ a
tion by public safety offlcers.- For any
cer . Actuarial valuations of local law plans shall be municipality
cted by an enrolled actuary as provided in s. chapter plan, local law municipality, or local law plCU;
con
185. 1 ( 2)(
b).
under this chapter: ~ I
11 " Police officer" means any person who is
1) There shall be established a sp cial fund exclU- i bis~
electe appointed, or employed full time by any munic- sively for the purpose of this chapter, hich in the case
of chapter plans shall be known s the " C!
ho is certified or required to be certified as a
ipality, sl
Municipal
law en rcement officer in compliance with s. Police Officers' Retirement Trust F nd," in each munic-
S(
943. 139 who is vested with authority to bear arms ipality of this state, heretofore r hereafter created
which now has or which may her. after have a UI
and mak arrests, and whose primary responsibility is
oi
regular1y
the preve tion and detection of crime or the enforce- organized police department, d which now owns and
uses or which may hereafter. own and use equipment S(
ment of th penal, criminal, traffic, or highway laws of
the state. his definition includes all certified supervi- and apparatus of a value ceeding $ 500 in service- ~
able condition for the pre ention of crime and for the a
sory and co mand personnel whose duties include, in
whole or in art, the supervision, training, guidance, preservation of life and operty. ~
2) The provisions this chapter shall apply only to IT
and manag ment responsibilities of full- time law
f' IT
enforcement fficers, part- time law enforcement offi- municipalities organi d and established pursuant to
cers, or auxili ry law enforcement officers, but does not the laws ~f the state, nd said provisions shall not apply
include part- ti e law enforcement officers or auxiliary to the unrncorpora d areas of any county or counties
law enforceme t officers as the same are defined in s. nor shall the provi ons hereof apply to any governmen-
943. 10( 6) and ( ), respectively. For the purposes of this tal entity whose lice officers are eligible to participate
in the Florida tirement System.
chapter only," p lice officer"also shall include a public
safety officer w 0 is responsible for pertorming both 3) No m icipality shall establish more than one
ices. Any plan may provide that the retirement an for public safety officers which is sup-
police and fire s
ported in ole or in part by the distribution of premium
police chief shall ave an option to participate, or not,
in that plan. tax fund as provided by this chapter or chapter 175,
12) " Police Offi ers' Retirement Trust Fund" means nor shall ny municipality establish a retirement plan for
a trust fund, by atever name known, as provided public safety officers which receives premium tax funds
under s. 185. 03 for he purpose of assisting municipali- from both this chapter and chapter 175.
History.- s. 1, ch, 28230, 1953; s, 2, ch, 29825, 1955; s, 2, ch, 61- 119; s, 1, ch,
ties in establishing and maintaining a retirement plan 65, 152; s, 7, ch, 79, 380; s, 2, ch, 79- 388; s, 3, ch, 86- 42; s, 43. ch, 99. 1,
for police officers.
13) " Retiree" or " retired police officer" means a 185. 04 Actuarial deficits not state obligations.-
police officer who h s entered retirement status. For For any icipality, chapter plan, local law municipal-
the purposes of a pi that includes a Deferred Retire- under this chapter, actuarial defi-
ity, or localla
ment Option Plan ( D OP), a police officer who enters cits, if any, arising under' pter are not the obliga-
the DROP shall be co side red a retiree for all purposes tion of the state.
of the plan. However a police officer who enters the History,- s, 1b, ch, 28230, 1953: s, 44, ch, 99-1,
I
DROP and who is oth rwise eligible to participate shall I
not thereby be preclud d from participating, or continu- Board of trustees; members; terms of
85. 05
ing to participate, in a upplemental plan in existence
bff'
ice; meetings; legal entity; costs; attorney' s fees.-
on, or created after, th effective date of this act. For any municipality, chapter plan, local law municipal-
14) " Retirement" me ns a police officer' s separa- ity, or local law plan under this chapter:
tion from city employmen as a police officer with imme- 1) In each municipality described in s. 185. 03
diate eligibility for receipt f benefits under the plan. For there is hereby created a board of trustees of the
purposes of a plan that in udes a Deferred Retirement municipal police officers' retirement trust fund, which
shall be solely responsible for administering the trust
Option Plan ( DROP), ore rement" means the date a
fund. Effective October 1, 1986, and thereafter:
police officer enters the D OP. for
15) " Supplemental pia" means a plan to which a) The membership of the board of trustees
of
deposits of the premium ta moneys as provided in s. c'hapter plans shall consist of five members, two
185. 08 are made to provide ra benefits to police offi- whom, unless otherwise prohibited by law, shall be
be
cers, or police officers and fi fighters where included, legal residents of the municipality, who shall .
under this chapter. Such a pia' s an element of a local appointed by the legislative body of the municipality,
and two of whom shall be police officers as defined
In
law plan and exists in conjunction with a defined benefit
s. 185. 02 who shall be elected by a majority
of1be
plan that meets the minimum benefits and minimum
standards of this chapter. active police officers who are members of such plan.
1586
fhrespect to any chapter plan or local law plan that, ( c) Whenever the active police officer membership
g,.
oifiJanuary 1, 19.97, allo~ ed retired pol.ice officers to of a closed chapter plan or closed local law plan as pro-
e~ri such elections, retirees may continue to vote In vided in s. 185. 38 falls below 10, an active police officer
I,-,..~
40" ' !-
dUGl?~
election~
of the
The fifth member shall be chosen by a member seat may be held by either a retired police offi-
ctl. l!
1Bjority previous four members, and such per- cer or an active police officer member of the plan who
I son' sh~ 1I be submitted.to the legisl.ative body ~f
sna'1: ~ is elected by the active and retired members of the
I j!Jtmunlc1pahty. Upon receipt of the fifth person s plan. If there are no active or retired police officers
name; the. legislative b~ dy of the municipality shall, as
remaining in the plan or capable of serving, the remain-
i arninistenal .dutX, appoint such pers.on to the board of ing board members may elect an individual to serve in
Y, '! iustees as Its fifth member. The fifth member shall the active police officer member seat. Upon receipt of
n
I have the same
