Item #07 Police & Fire Pension & Disabilty Presumption Reform the meter of YGood Lip
AGENDA ITEM COVER SHEET
Meeting Date: January 3, 2012
Item # 7
Reviewed By:
Contact Name: Craig Shadrix Department Director:
Contact Number: 1081 City Manager:
Subject:
Background Summary:
The Florida League of Cities has requested all cities to adopt a resolution for the 2012 Legislative Session
supporting police /fire pension and disability presumption reforms. The attached draft resolution supports
reforms to police /fire "heart /hypertension" disability presumptions, which impacts all cities receiving police or
fire service in workers' compensation and other costs.
Issue:
If the City of Ocoee is in the Chapters 175 or 185 programs and the city has not yet adopted a resolution
supporting reforms, it should consider adopting one as soon as possible.
Recommendations
Adopt a Resolution now supporting police /fire pension reform. One of the top legislative priorities for the
Florida League of Cities is reform of city police officer and firefighter pension plans and disability presumptions
to make the pensions sustainable, sound and secure. Because the legislative session begins on January 10,
2012, cities should adopt resolutions immediately. Legislators must hear directly from their cities on the
importance of adopting this legislation.
Florida cities need to let their legislators know that their city supports HB 365 and SB 910.
Attachments:
Resolution is attached.
Financial Impact:
Not known.
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dent Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
X Resolution Regular Agenda
Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
2
Short Version:
Draft Resolution on Police and Firefighter Pension and Disability Presumption Reforms
2011 -
A RESOLUTION OF THE [CITY/TOWN/VILLAGE OF ] 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.
(Please add any additional information specific to the City/Town/Village)
WHEREAS, to honor their service now and in years to come, current and future police
officers and firefighters in the [City, Town, Village of ] deserve
pension plans that are sound, secure and sustainable; and
WHEREAS, [City, Town, Village of ] 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, the Florida Legislature has imposed significant unfunded mandates onto the
[City, Town, Village] relative to the operation of the [City's, Town's, Village's]
police officer and firefighter defined benefit pension plans by mandating
minimum pension benefit levels and mandating the use of revenues to fund
pension plan costs; 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, the Florida Legislature transferred all operational and administrative control of
police and firefighter pension plans from the [City /Town/Village] to a
legislatively created board of trustees, a separate legal entity apart from the
[City, Town, Village] that exercises broad powers outside the
[City's /Town's/Village's] control, and is not required to provide fiscal
transparency or accountability for substantial amounts of public funds; and
WHEREAS, the [City, Town, Village] 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 IT RESOLVED BY THE [COUNCIL /COMMISSION] OF THE
[CITY/TOWN/VILLAGE OF ], FLORIDA:
Section 1. That the [City / Town/Village] 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. That the [City /Town/Village] believes local issues should be addressed locally
and hereby requests the Florida Legislature to remove itself from the local
collective bargaining process between the [City /Town/Village] and its police
and firefighters.
Section 3. That the [City /Town/Village] 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 /Town/Village] 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/Town/Village].
Section 4. That the [City /Town/Village] hereby requests the Florida Legislature to enact
responsible 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 standards, 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. That the [City /Town/Village] hereby requests the Florida Legislature to impose
reasonable fiscal transparency and accountability standards on legislatively
created police and firefighter pension boards of trustees.
Section 6. That the [City /Town/Village] 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 7. That the [City /Town/Village] 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 8. That this resolution shall be effective upon adoption.
PASSED IN OPEN AND REGULAR SESSION OF THE [CITY COUNCIL/
COMMISSION OF THE CITY/TOWN/VILLAGE OF ], FLORIDA, THIS
DAY OF , 2011.
Version: 11/28/2011