HomeMy WebLinkAbout2012 01 09 Consent 201 Resolution 2012-03 Pension ReformsCOMMISSION AGENDA
ITEM 201
January 09, 2012
Regular Meeting
Informational
Consent X
Public Hearings
Regular
KS
City Manager
BE
Department
REQUEST:
The City Manager and Finance and Administrative Services Department are requesting that
the Commission consider adoption of Resolution 2012 -03 supporting The Florida League of
Cities' initiative regarding Police Officers' and Firefighters' disability presumption
reforms.
SYNOPSIS:
Resolution 2012 -03 supports The Florida League of Cities' initiative regarding Police
Officers' and Firefighters' disability presumption reforms to make pension plan and
worker's compensation benefits sustainable for current and future police officers and
firefighters.
CONSIDERATIONS:
As directed by a consensus of the City of Winter Springs Commission on December 12,
2011, Resolution 2012 -03 is hereby presented. This resolution supports the initiative of the
Florida League of Cities to secure sustainable pension plans and worker's compensation
benefits for current and future police officers and firefighters. This resolution also
encourages Florida legislators to add clarifying language to SB 1128.
FISCAL IMPACT:
The fiscal impact of the resolution is not measurable in aggregate dollar savings at this time.
The intent is to address escalating pension costs and endeavor to make these pension plans
more sustainable.
Consent 201 PAGE 1 OF 2 - January 09, 2012
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press
Representatives who have requested Agendas /Agenda Item information, Homeowner's
Associations/Representatives on file with the City, and all individuals who have requested
such information. This information has also been posted outside City Hall, posted inside
City Hall with additional copies available for the General Public, and posted at five (5)
different locations around the City. Furthermore, this information is also available to any
individual requestors. City Staff is always willing to discuss this Agenda Item or any
Agenda Item with any interested individuals.
Upon adoption by the Commission, a copy of Resolution 2012 -03 will be forwarded to the
related Bill Sponsors in the Florida House and Senate and to Allison Payne with the Florida
League of Cities.
RECOMMENDATION:
City Manager and Director of Finance and Administrative Services recommend that the
Commission adopt Resolution 2012 -03 in support of the League of Cities' initiative.
ATTACHMENTS:
Resolution 2012 -03
Consent 201 PAGE 2 OF 2 - January 09, 2012
RESOLUTION NO. 2012 -03
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; STATING THE CITY COMMISSION'S
SUPPORT OF POLICE OFFICER AND FIREFIGHTER
DISABILITY PRESUMPTION REFORMS TO MAKE
PENSION PLAN AND WORKERS' COMPENSATION
BENEFITS SUSTAINABLE FOR CURRENT AND FUTURE
POLICE OFFICERS AND FIREFIGHTERS; PROVIDING
FOR REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the City of Winter Springs deeply honors and respects the services
provided and sacrifices made by police officers and firefighters, and desires to provide current
and future police officers and firefighters with a pension and workers' compensation system that
is sustainable; and
WHEREAS, the City also desires to protect local taxpayers from unsustainable and
unsound pension and workers' compensation expenses; and
WHEREAS, the City supports responsible reforms that protect pensions and workers'
compensation benefits so they will be available for future generations of police officers and
firefighters and safeguard taxpayer dollars; and
WHEREAS, the Florida Legislature has provided that health conditions relating to heart
disease, hypertension or tuberculosis suffered by a firefighter, law enforcement officer or
correctional officer are presumed to be job related; and
WHEREAS, these "disability presumptions" are applicable to both workers'
compensation and disability pension claims and have introduced significant opportunities for
abuse in the workers' compensation and police and firefighter pension systems; and
WHEREAS, courts have interpreted the presumption laws so favorably toward these
employees that cities and other government employers essentially cannot overcome the
presumption and show the health condition was not work related; and
WHEREAS, a Task Force on Public Employee Disability Presumptions is currently
meeting to make findings and recommendations to the Legislature; and
WHEREAS, changes to disability presumption laws being considered by the Task Force
include requiring an employee to meet age and employment requirements, allowing a
presumption to be overcome by a preponderance of evidence, and allowing certain individual
risk factors to be considered when applying the presumption, such as tobacco use, weight /diet,
genetics and lifestyle choices; and
City of Winter Springs
Resolution 2012 -03
Page 1 of 4
WHEREAS, said changes are designed to bring a fairer balance to the application of
presumption laws; and
WHEREAS, it is important to remember that just because an individual does not have a
disability presumption does NOT mean they cannot make a workers' compensation or disability
pension claim; rather, it just means that the individual must show the health condition is work
related, just like every other employee who makes a workers' compensation or pension claim;
and
WHEREAS, HB 365 by Representative Fred Costello and SB 910 by Senator Alan Hays
have been filed for consideration during the 2012 legislative session and both responsibly
promote increased police and firefighter pension and workers' compensation stability, security
and sustainability by making the following changes to current state law:
1. Collective Bargaining Over Retirement Benefits and Revenues: Allow cities
and police and firefighter unions to collectively bargain the retirement benefits
provided pursuant to, and the use of insurance premium tax revenues provided
under, Chapters 175 or 185, Florida Statutes.
2. Alternative Retirement Plans: Allow cities to unilaterally transition to a
defined contribution plan, the Florida Retirement System, or another retirement
program for police and firefighters and continue to receive insurance premium
tax revenues to pay for the retirement expenses.
3. Boards of Trustees Fiscal Transparency and Accountability: Require
statutorily created police and firefighter pension boards of trustees to adopt and
operate under an administrative expense budget, and require a detailed
accounting of pension boards of trustees' expenses.
4. Fiscally Responsible Retirement Plan Termination: Require police and
firefighter pension boards of trustees and cities to work together for a fiscally
responsible distribution of plan assets if a city must terminate its police or
firefighter retirement plan.
5. Clarify Police Overtime Used for Retirement Purposes: Clarify (due to an
incorrect interpretation by the Division of Retirement of a law passed in 2011)
that police officers may use up to 300 hours per year in overtime compensation
when calculating retirement benefits as provided in the plan or collective
bargaining agreement, and that police officers are not entitled to the use of a
minimum of 300 hours per year in overtime compensation for retirement
purposes.
6. Disability Presumptions: Reform current statutory disability presumptions for
firefighters, law enforcement officers and correctional officers relating to health
City of Winter Springs
Resolution 2012 -03
Page 2 of 4
conditions caused by tuberculosis, heart disease or hypertension to require the
employee to meet age and employment requirements, allow the presumption to
be overcome by a preponderance of evidence, and allow certain individual risk
factors to be considered when applying the presumption.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1 . Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference and are deemed a material part of this Resolution.
Section 2. Support for Disability Presumption Reforms. The City Commission of the
City of Winter Springs hereby states its support for police and firefighter pension and disability
presumption reforms in general, and as more specifically provided in HB 365 and SB 910 for the
2012 Florida legislative session.
The City Commission hereby requests the Florida Legislature amend current statutory
disability presumptions for firefighters, law enforcement officers and correctional officers
relating to health conditions caused by tuberculosis, heart disease or hypertension to require the
employee to meet age and employment requirements, allow the presumption to be overcome by a
preponderance of evidence, and allow certain individual risk factors to be considered when
applying the presumption.
The City Commission hereby urges the Florida Legislature to pass and the Governor to
approve the above responsible reform recommendations relating to police and firefighter pension
plans and disability presumptions in the 2012 Legislative Session.
Section 3. City Clerk to Transmit Resolution to Governor. Upon adoption, the City
Commission hereby directs that the City Clerk transmit a copy of this Resolution to Governor
Rick Scott, the Florida Legislature, and the Florida League of Cities, Inc.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
Section 6. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
DONE AND ADOPTED in regular session of the City Commission of the City of
Winter Springs, Florida, this 9th day of January, 2012.
CHARLES LACEY, Mayor
City of Winter Springs
Resolution 2012 -03
Page 3 of 4
ATTEST:
ANDREA LORENZO- LUACES, City Clerk
APPROVED AS TO FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution 2012 -03
Page 4 of 4
RESOLUTION NO. 2012-03
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; STATING THE CITY COMMISSION'S
SUPPORT OF POLICE OFFICER AND FIREFIGHTER
DISABILITY PRESUMPTION REFORMS TO MAKE
PENSION PLAN AND WORKERS' COMPENSATION
BENEFITS SUSTAINABLE FOR CURRENT AND FUTURE
POLICE OFFICERS AND FIREFIGHTERS; PROVIDING
FOR REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the City of Winter Springs deeply honors and respects the services
provided and sacrifices made by police officers and firefighters, and desires to provide current
and future police officers and firefighters with a pension and workers' compensation system that
is sustainable; and
WHEREAS, the City also desires to protect local taxpayers from unsustainable and
unsound pension and workers' compensation expenses; and
WHEREAS, the City supports responsible reforms that protect pensions and workers'
compensation benefits so they will be available for future generations of police officers and
firefighters and safeguard taxpayer dollars; and
WHEREAS, the Florida Legislature has provided that health conditions relating to heart
disease, hypertension or tuberculosis suffered by a firefighter, law enforcement officer or
correctional officer are presumed to be job related; and
WHEREAS, these "disability presumptions" are applicable to both workers'
compensation and disability pension claims and have introduced significant opportunities for
abuse in the workers' compensation and police and firefighter pension systems; and
WHEREAS, courts have interpreted the presumption laws so favorably toward these
employees that cities and other government employers essentially cannot overcome the
presumption and show the health condition was not work related; and
WHEREAS, a Task Force on Public Employee Disability Presumptions is currently
meeting to make findings and recommendations to the Legislature; and
WHEREAS, changes to disability presumption laws being considered by the Task Force
include requiring an employee to meet age and employment requirements, allowing a
presumption to be overcome by a preponderance of evidence, and allowing certain individual
risk factors to be considered when applying the presumption, such as tobacco use, weight /diet,
genetics and lifestyle choices; and
City of Winter Springs
Resolution 2012 -03
Page 1 of 4
WHEREAS, said changes are designed to bring a fairer balance to the application of
presumption laws; and
WHEREAS, it is important to remember that just because an individual does not have a
disability presumption does NOT mean they cannot make a workers' compensation or disability
pension claim; rather, it just means that the individual must show the health condition is work
related, just like every other employee who makes a workers' compensation or pension claim;
and
WHEREAS, HB 365 by Representative Fred Costello and SB 910 by Senator Alan Hays
have been filed for consideration during the 2012 legislative session and both responsibly
promote increased police and firefighter pension and workers' compensation stability, security
and sustainability by making the following changes to current state law:
1. Collective Bargaining Over Retirement Benefits and Revenues: Allow cities
and police and firefighter unions to collectively bargain the retirement benefits
provided pursuant to, and the use of insurance premium tax revenues provided
under, Chapters 175 or 185, Florida Statutes.
2. Alternative Retirement Plans: Allow cities to unilaterally transition to a
defined contribution plan, the Florida Retirement System, or another retirement
program for police and firefighters and continue to receive insurance premium
tax revenues to pay for the retirement expenses.
3. Boards of Trustees Fiscal Transparency and Accountability: Require
statutorily created police and firefighter pension boards of trustees to adopt and
operate under an administrative expense budget, and require a detailed
accounting of pension boards of trustees' expenses.
4. Fiscally Responsible Retirement Plan Termination: Require police and
firefighter pension boards of trustees and cities to work together for a fiscally
responsible distribution of plan assets if a city must terminate its police or
firefighter retirement plan.
5. Clarify Police Overtime Used for Retirement Purposes: Clarify (due to an
incorrect interpretation by the Division of Retirement of a law passed in 2011)
that police officers may use up to 300 hours per year in overtime compensation
when calculating retirement benefits as provided in the plan or collective
bargaining agreement, and that police officers are not entitled to the use of a
minimum of 300 hours per year in overtime compensation for retirement
purposes.
6. Disability Presumptions: Reform current statutory disability presumptions for
firefighters, law enforcement officers and correctional officers relating to health
City of Winter Springs
Resolution 20U -03
Page 2 of 4
conditions caused by tuberculosis, heart disease or hypertension to require the
employee to meet age and employment requirements, allow the presumption to
be overcome by a preponderance of evidence, and allow certain individual risk
factors to be considered when applying the presumption.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference and are deemed a material part of this Resolution.
Section 2. Support for Disability Presumption Reforms. The City Commission of the
City of Winter Springs hereby states its support for police and firefighter pension and disability
presumption reforms in general, and as more specifically provided in HB 365 and SB 910 for the
2012 Florida legislative session.
The City Commission hereby requests the Florida Legislature amend current statutory
disability presumptions for firefighters, law enforcement officers and correctional officers
relating to health conditions caused by tuberculosis, heart disease or hypertension to require the
employee to meet age and employment requirements, allow the presumption to be overcome by a
preponderance of evidence, and allow certain individual risk factors to be considered when
applying the presumption.
The City Commission hereby urges the Florida Legislature to pass and the Governor to
approve the above responsible reform recommendations relating to police and firefighter pension
plans and disability presumptions in the 2012 Legislative Session.
Section 3. City Clerk to Transmit Resolution to Governor. Upon adoption, the City
Commission hereby directs that the City Clerk transmit a copy of this Resolution to Governor
Rick Scott, the Florida Legislature, and the Florida League of Cities, Inc.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
Section 6. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
DONE AND ADOPTED in regular session of the City Commission of the City of
Winter Springs, Florida, this 9th day of January, 2012.
ESL • v •. yor
City of Winter Springs
Resolution 2012 -03
Page 3 of 4
ATT S r :'
AN 1'+J. LORENZO- LUACES, City Clerk
APPROVED AS TO FORM AND SUFFICIENCY
FOR TH CITY OF WINTER SPRINGS ONLY:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution 2012 -03
Page 4 of 4