Miami-Dade Legislative Item
File Number: 041756
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File Number: 041756 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1297-04 Control: County Commission
File Name: RECLASSIFY PERSONS EMPLOYED BY MDPD & CORRECTIONS Introduced: 6/9/2004
Requester: NONE Cost: Final Action: 10/19/2004
Agenda Date: 10/19/2004 Agenda Item Number: 10A6
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO AMEND FLA. STAT. CH. 121, PERTAINING TO THE FLORIDA RETIREMENT SYSTEM, TO PROVIDE SPECIAL RISK RETIREMENT CREDIT FOR PERSONS ATTENDING POLICE OFFICER OR CORRECTIONAL OFFICER ACADEMY CLASSES BETWEEN OCTOBER 1, 1978 AND JULY 1, 1984, AND AUTHORIZING THE EXPENDITURE OF UP TO $1,000,000 TO PURCHASE RETIREMENT CREDIT ON BEHALF OF ANY SUCH OFFICERS EMPLOYED BY THE COUNTY [SEE AGENDA ITEM NO. 11B5]
Indexes: CORRECTIONS & REHABILITATION
  MDPD
Sponsors: Sally A. Heyman, Prime Sponsor
  Dorrin D. Rolle, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 10/19/2004 10A6 Adopted P
REPORT: Commissioner Martinez recused himself during consideration of the foregoing proposed resolution due to conflict of interest issues. There being no questions or comments, the Board proceeded to vote.

Public Safety Committee 9/14/2004 3A ALT. Forwarded to BCC with a favorable recommendation P
REPORT: There being no objections, the Committee considered agenda items 3A, 3A Alternate and 8A simultaneously. Chairperson Martinez relinquished the Chair to Vice Chairperson Ferguson and left the Chambers. In response to Vice Chairperson Ferguson’s request question regarding the difference between the two proposed resolutions, Commissioner Seijas noted that the Committee should put forth a resolution to establish a special risk retirement credit for persons attending police officer or correctional officer academy classes between October 1, 1978 and July 1, 1984. She pointed out that she would withdraw her proposed resolution agenda item 3A. Commissioner Heyman noted that the difference between the two proposed resolutions was that the County Manager did not have the authority to propose any recommendations to change the Florida Retirement System nor amend Florida Statutes. She recommended that the County Commission forward an appropriate resolution asking the Florida Legislature to amend Florida Statute Chapter 121 to authorize persons enrolled in a police officer or correctional officer academy between October 1, 1978 and July 1, 1984, who did not receive special risk retirement credit, to receive such credit for the time spent in the academy. Commissioner Heyman asked that Agenda Item 3A Alternate be forwarded to the Board with a favorable recommendation, and that all members of the Board be listed as cosponsors with the exception of Chairperson Martinez. Residing as the Committee Chair, in the absence of Chairperson Martinez, Vice Chairperson Ferguson pointed out that other commissioners could not be added as cosponsors without their approval. She asked that this resolution be forwarded under Commissioners Heyman and Rolle’s sponsorship, as presented. Commissioner Seijas requested that she not be listed as a cosponsor on agenda item 3A Alternate. Hearing no further discussion, the Committee by motion duly made, seconded and carried, forwarded agenda item 3A Alternate as presented. Commissioner Seijas requested that agenda item 3A be withdrawn. There being no objections, Agenda Item 3A was withdrawn. Following a brief discussion of the appropriate action to take on agenda item 3A, Vice Chairperson Ferguson noted this item had been withdrawn, as requested by Commissioner Seijas. Commissioner Heyman stated that the County Manager’s memorandum entitled, “Report on Special Risk Retirement Credits” should accompany the resolution that goes to the Florida Legislature, which substantiates the information outlined in the resolution. The Committee by motion duly made, seconded and carried, accepted the County Manager’s report agenda item 8A as presented.

County Attorney 6/17/2004 Assigned Public Safety Committee 9/14/2004

Public Safety Committee 6/15/2004 3C ALT. Deferred to next committee meeting P
REPORT: Commissioner Heyman asked that the Florida Legislature be urged to include in the special risk employment classification all law enforcement officers, correctional officers, and probation officers who were enrolled in academy classes for the Miami-Dade Police Department and the Corrections and Rehabilitation Department between October 1, 1978 and July 1, 1984. She also asked the County Manager to reassess the number of persons included in this proposed resolution timely enough to include funding in this year’s budget, and that a follow-up report be presented at the July 20th PSC meeting. (See Legislative File # 041075) The Committee deferred this proposed resolution for consideration at its next meeting scheduled for July 20, 2004 at 2:00 p.m.

County Attorney 6/9/2004 Assigned Public Safety Committee 6/15/2004

County Attorney 6/9/2004 Assigned Lee Kraftchick

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO AMEND FLA. STAT. CH. 121, PERTAINING TO THE FLORIDA RETIREMENT SYSTEM, TO PROVIDE SPECIAL RISK RETIREMENT CREDIT FOR PERSONS ATTENDING POLICE OFFICER OR CORRECTIONAL OFFICER ACADEMY CLASSES BETWEEN OCTOBER 1, 1978 AND JULY 1, 1984, AND AUTHORIZING THE EXPENDITURE OF UP TO $1,000,000 TO PURCHASE RETIREMENT CREDIT ON BEHALF OF ANY SUCH OFFICERS EMPLOYED BY THE COUNTY

BODY
WHEREAS, law enforcement officers and correctional officers are employed in inherently dangerous professions and are called upon daily to perform tasks that are high risk in nature; and
WHEREAS, the Florida legislature has recognized the high risks involved in such employment and has reacted accordingly by classifying both law enforcement officers and correctional officers as special risk for purposes of the Florida Retirement System, thus, enhancing the retirement multiplier for such officers; and
WHEREAS, some persons enrolled in academy classes for the Miami-Dade Police Department and Corrections and Rehabilitation Department between October 1, 1978 and July 1, 1984; did not receive credit for special risk employment for purposes of retirement while attending the academy; and
WHEREAS, the special risk designation for the retirement enhancement was in place for persons in law enforcement and correctional officer academy classes prior to October 1, 1978 and subsequent to July 1, 1984; and

WHEREAS, the loss of special risk retirement credit for the period from October 1, 1978 through July 1, 1984; may have negatively impacted law enforcement and correctional officers who were in academy classes but not classified as special risk for purposes of the Florida Retirement System at that time,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature at its earliest opportunity to amend Fla. Stat. Ch. 121, pertaining to the Florida Retirement System, to authorize persons enrolled in a police officer or correctional officer academy between October 1, 1978 and July 1, 1984, and who did not receive special risk retirement credit, to receive such credit for the time they spent in the academy, on the condition that the persons’ employer make the necessary contributions to the Florida Retirement System to pay for such credit.
Section 2. Authorizes the County Manager to spend up to $1,000,000 for the purpose of purchasing Florida Retirement System special risk credit on behalf of County police officers and correctional officers who attended the police or correctional training academy between October 1, 1978 and July 1, 1984 and did not receive credit for special risk retirement.
Section 3. The Clerk of the Board is directed to transmit a certified copy of this resolution to the Governor, the President of the Senate, the Speaker of the House, and the Chair and members of the Miami- Dade County State Legislative Delegation.



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