HomeMy WebLinkAboutResolution 2012-03 Police Officer and Firefighter - Pension and Worker's Compensation System 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
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Resolution 2012 -03
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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
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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.
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City of Winter Springs
Resolution 2012 -03
Page
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AN • . 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
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