Juan Carlos Bermudez Mayor City of Doral

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2 Barbara Herrera From: Sent: To: Cc: Subject: Attachments: Importance: Mayor Bermudez Monday, December 19, :58 AM Barbara Herrera Jimmy Morales External; Susie Vicaria Castillo FW: FLORIDA LEAGUE OF CITIES: ACTION ALERT Draft Resolution Disability Presumption Reform.doc High Barbara, Please add as an item for the January 2012 agenda. Thanks Juan Carlos Bermudez Mayor City of Doral The City of Doral is on Twitter and Facebook! ***Please note that the State of Florida's Public Records Laws provide that most written communications to or from the City of Doral regarding government business are public records available to the public upon request. This communication may therefore be subject to public disclosure.*** From: Linda Bridges Sent: Friday, December 16, :25 PM Subject: FLORIDA LEAGUE OF CITIES: ACTION ALERT Importance: High FLC BOARD OF DIRECTORS AND LOCAL/REGIONAL LEAGUE EXECUTIVE DIRECTORS: Subject: Draft Resolution Supporting Disability Presumption Reforms (For Cities Not Participating in Chapters 175(Fire) or 185(Police) Pensions) The Florida League of Cities has requested all cities adopt a resolution for the 2012 Legislative Session supporting police/fire pension and disability presumption reforms. However, many cities do not currently participate in the Chapters 175 (fire) or 185 (police) pension programs. 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. If your city is not in the Chapters 175 or 185 programs, please consider adopting the attached resolution supporting disability presumption reforms. If your city is in the Chapters 175 or 185 programs and the city has not yet adopted a resolution supporting reforms, please 1

3 consider adopting one as soon as possible. All draft resolutions are available on the League s website at Legislative Session begins on January 10 and the League is counting on every city to adopt a resolution in support of legislative reform efforts. Please have your city adopt a resolution on these issues as soon as possible so that legislators know how important these issues are to municipalities. Should you have any questions or require additional information, please let us know. ***Please note that the State of Florida's Public Records Laws provide that most written communications to or from the City of Doral regarding government business are public records available to the public upon request. This communication may therefore be subject to public disclosure.*** 2

4 Pension Reform Advocacy Kit Adopt a Resolution ASAP Supporting Police/Fire Pension Reform!

5 Pension Reform Advocacy Kit Adopt a Resolution ASAP 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. Florida cities need to let their legislators know that their city supports HB 365 and SB 910. Attached are sample resolutions (a long and short version) that your city can adopt and a talk sheet with key message points on the issue. This information can also be found in electronic form at Because the legislative session begins early next year (January 10), we need cities to adopt resolutions immediately. Legislators must hear directly from their cities on the importance of adopting this legislation. Thank you for being a part of the League s advocacy team!

6 Please provide a copy of your city s adopted resolution to: Speaker of the House The Honorable Dean Cannon Florida House of Representatives 420 Capitol 402 S. Monroe Street Tallahassee, FL The Honorable Fred Costello (Bill sponsor) Florida House of Representatives 1101 Capitol 402 S. Monroe Street Tallahassee, FL The Honorable Seth McKeel Florida House of Representatives 422 Capitol 402 S. Monroe Street Tallahassee, FL Senate President The Honorable Mike Haridopolos Florida Senate 409 Capitol 404 S. Monroe Street Tallahassee, FL The Honorable Alan Hays (Bill Sponsor) Florida Senate 324 Senate Office Building 404 S. Monroe Street Tallahassee, FL The Honorable Jeremy Ring Florida Senate 210 Senate Office Building 404 S. Monroe Street Tallahassee, FL The Honorable Jimmy Patronis Florida House of Representatives 317 House Office Building 402 S. Monroe Street Tallahassee, FL Please also provide a copy of your city s adopted resolution to your House and Senate delegations. You can find contact information for your House/Senate members at the links below: House of Representatives - Senate - Please also provide a copy to: Allison Payne Florida League of Cities Fax (850) or apayne@flcities.com

7 Key Messages to Communicate to Public Safeguarding municipal pensions is a critical issue for Florida s 410 cities, towns and villages. Politically driven police and fire fighter pension mandates imposed on municipalities by lawmakers in Tallahassee are driving costs up and increase the potential for misuse of the system. The current taxpayer-funded pension structure is broken. It is unstable, unsustainable and unreliable for future police officers and firefighters. The time has come to fix the system by implementing responsible reform that protects pensions for the future. The pension issue is incredibly complicated. It is important to communicate the concerns of Florida s municipalities in a way that is easy for people to understand and framed appropriately to win the public policy debate. Under the umbrella pension reform now message, key supporting message elements include: 1. Respect work of police officers and firefighters -- and protect taxpayers. 2. Identify how the current pension system is unsustainable, unsound and unsustainable. 3. Support responsible reforms to protect pensions so they will be there for future generations of police officers and firefighters and safeguard taxpayer dollars. This messaging approach is supported by scientific research that shows when it comes to police and firefighter pensions, Floridians are most concerned by issues related to disability determination and those who retire and make a large sum of money at an early age. Research shows our most effective messages must communicate support for these key elements: Enacting responsible reforms to protect pensions for future generations. Closing loopholes that increase potential for misuse of the system. These are the strongest points to make to win the debate and bring people to our side of the issue. In this messaging, we are positioned to be advocates for responsible pension reform that puts the system on a more stable footing for the future. The bottom line is, we support well-deserved pensions for police and firefighters that are sound, secure and sustainable not only for current officers and firefighters, but for those who choose to protect and serve in the future. 4

8 Pension Reform Now: Key Message Points Umbrella Message We need pension reform now and support making responsible changes so good sound, secure and stable pensions will be there for current and future police and firefighters who step up and answer the call to protect and serve our communities now and in years to come. Supporting Message Statements Responsible Pension Reform Honors Police and Firefighters Service We all deeply honor and respect the service provided by police officers and firefighters. That s why current and future officers and firefighters deserve a pension system that is sound, sustainable and reliable. We appreciate the work police and firefighters do but when it comes to their pensions, here are the facts: o The current police and firefighter pension system is full of Tallahassee mandates that have helped make it unsustainable, unstable and unreliable. o Police and firefighter pensions are breaking the bank in many communities and hurting service delivery. o Taxpayers deserve to know that their hard-earned tax dollars are not creating inflated windfall lifetime annuities. I Support Responsible Pension Reform to Protect Pensions for Current and Future Generations. I support responsible pension reform that protects local taxpayers and ensures good pensions will be available for current and future generations of police officers and firefighters. Police and firefighter families are taxpayers, too. They also deserve to have a pension plan that is sound, stable and sustainable, and benefits should be available to those who truly suffer in the line of duty illnesses. 5

9 Pension Reform Protects Local Taxpayers We ve all worked hard to tighten our belts and ensure every taxpayer dollar local government receives is wisely spent. Responsible reform is so critical to protecting your hard-earned tax dollars. The current pension system is broken and must be fixed. o It allows some police officers or firefighters to retire early and make more than $80,000 a year before they turn 50. o It allows officers and firefighters with active lifestyles to claim disability and retire early while collecting full benefits some even draw disability and leave service to take other physically demanding jobs. o It automatically assumes a police officer with high blood pressure or a breathing condition contracted that illness on the job and allows them to retire early on disability even if the cause of the illness is due to family history or their lifestyle and not their job. To protect local taxpayers, responsible pension reform is needed now to reign in unchecked benefit growth, and put police and firefighter pensions on a strong, secure and sustainable footing for the future. Local government is the government closest to the people and the one taxpayers trust the most. We need pension reform that allows local government not Tallahassee to determine salaries and benefits for police and firefighters. Let s respect home rule and allow cities to deal with local problems locally. 6

10 Long Version Specific to HB 365 and SB 910: Draft Resolution on Police and Firefighter Pension and Disability Presumption Reforms 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) the [City/Town/Village] 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 system that is sound, sustainable and reliable. The [City/Town/Village] also desires to protect local taxpayers from unsustainable and unsound pension levels. The [City/Town/Village] supports responsible reforms that protect pensions so they will be there for future generations of police officers and firefighters and safeguard taxpayer dollars; and a priority of the [City/Town/Village] is for the Florida Legislature to address numerous legislative actions it has taken throughout the past 40 years relating to the [City s/town s/village s] police and firefighter defined benefit pension plans. These actions have had significant negative fiscal impacts on the [City/Town/Village] and its taxpayers. The legislative reforms the [City/Town/Village] is seeking do not provide cities with a hand-out from or a bail-out by the Legislature relative to police and firefighter pensions. Rather, the [City/Town/Village] seeks reasonable and responsible changes to state law to level the playing field and allow cities to determine and implement police and firefighter pension reform at the local level; and in 2011, the Florida Legislature passed SB 1128, which took important initial steps in reforming city police and firefighter defined benefit pension plans. The legislation addressed several issues, including prohibiting spiking of pension benefits by restricting the use of overtime and unused sick or annual leave payments for pension purposes; eliminating the requirement that increases in police and firefighter member contributions to the pension plan must also include increases in pension benefits; and creating a task force to study issues with various disability presumptions for firefighters and police and corrections officers. Importantly, the 2011 bill did not address the 1999 legislative mandate to perpetually provide extra pension benefits to police and firefighters with insurance premium tax revenues; and 7

11 prior to 1999, cities were largely free to bargain with local police and firefighter unions, or provide for the non-unionized police and firefighters, the pension benefits that best fit the priorities and needs of the city and its police and firefighters. In 1999, the Florida Legislature amended Chapters 175 and 185, Florida Statutes, relating to city police and firefighter defined benefit pensions to require that additional city insurance premium tax revenues (taxes on property and casualty insurance premiums) over a base amount be used to provide only extra pension benefits to police officers and firefighters. An extra pension benefit is a pension benefit that must have been given to police and firefighters after 1999 and the benefit must be greater than a pension benefit provided to general city employees. In aggregate numbers, this mandate has required cities and city taxpayers to provide more than $460 million in new extra pension benefits to police officers and firefighters since This mandate to keep providing extra pension benefits is not sustainable, rather the [City/Town/Village] needs the flexibility to use insurance premium tax revenues for the current or a decreased level of police and firefighter pension benefits to meet the [City s/town s/village s] budget constraints; and due to severe budget constraints and rapidly increasing personnel costs, the [City/Town/Village] has attempted to reduce pension costs for general employees, police and firefighters. Numerous other cities have also either attempted or considered reducing pension benefit levels for police and firefighters to levels below those in effect before the 1999 legislative pension mandates. The state Division of Retirement interprets current law to say that if a police or firefighter pension benefit is reduced to a level below the 1999 level, the pension plan will violate state law and the city would forfeit all insurance premium tax revenues. Thus, when cities attempt to bring police and firefighter pension costs under control, the cities actions are frequently blocked by the Division of Retirement; and 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. These disability presumptions are applicable to both workers compensation and disability pension claims and have introduced significant opportunities for abuse in the police and firefighter pension system. Courts have interpreted the 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. A Task Force on Public Employee Disability Presumptions is currently meeting to make findings and recommendations to the Legislature. Changes to 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. All of these proposals are designed to bring a fairer balance to the application of 8

12 presumption laws. 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 beginning in 1986, the Florida Legislature transferred all operational and administrative control of city police and firefighter defined benefit pensions to legislatively created boards of trustees. These boards of trustees run afoul of local control and are separate legal entities apart from a city that exercise broad powers outside a city s control, such as directing all investments of the pension fund; hiring plan attorneys, actuaries and other professionals; and making regular and disability pension determinations. In spite of being legislatively created entities and not locally controlled, all costs and expenses, including investment losses, incurred by the boards of trustees of pension plans ultimately become a cost to the city because the city is responsible for paying for all pension benefits. Additionally, boards of trustees are not required to provide fiscal transparency or accountability for substantial amounts of public funds; and HB 365 by Representative Fred Costello and SB 910 by Senator Alan Hays have been filed for consideration during the 2012 legislative session. HB 365 and SB 910 would responsibly promote increased police and firefighter pension 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 (Again) Police Overtime Used for Retirement Purposes: Clarify (due to an incorrect interpretation by the Division of Retirement of the 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 9

13 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 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 [COUNCIL/COMMISSION] OF THE [CITY/TOWN/VILLAGE OF ], FLORIDA: Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. That the [City/Town/Village] hereby supports 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. That the [City/Town/Village] hereby requests the Florida Legislature to 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. That the [City/Town/Village] hereby requests the Florida Legislature to 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. That the [City/Town/Village] hereby requests the Florida Legislature to 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. That the [City/Town/Village] hereby requests the Florida Legislature to 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. That the [City/Town/Village] hereby requests the Florida Legislature to clarify that, due to an incorrect interpretation by the Division of Retirement of the law passed in 2011, 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 10

14 use of a minimum of 300 hours per year in overtime compensation for retirement purposes. Section 7. Section 8. Section 9. Section 10. That the [City/Town/Village] hereby requests the Florida Legislature to close loopholes that promote abuse in the police and firefighter system and 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. That the [City/Town/Village] 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. 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. 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, Version: 11/28/

15 Short Version: Draft Resolution on Police and Firefighter Pension and Disability Presumption Reforms 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) 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 [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 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 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 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 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 12

16 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. Section 2. Section 3. Section 4. Section 5. Section 6. 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. 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. 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]. 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. 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. 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. 13

17 Section 7. Section 8. 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. 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, Version: 11/28/

18 Res. No Page 1 of 4 RESOLUTION NO. 12 A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF DORAL, FLORIDA SUPPORTING POLICE OFFICER AND FIREFIGHTER DISABILITY PRESUMPTION REFORMS TO MAKE PENSION PLAN AND WORKERS COMPENATION BENEFITS SUSTAINABLE FOR CURRET AND FUTURE POLICE OFFICERS AND FIREFIGHTERS; AND PROVIDING FOR AN EFFECTIVE DATE the City of Doral 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. The City of Doral also desires to protect local taxpayers from unsustainable and unsound pension and workers compensation expenses. The City of Doral supports responsible reforms that protect pensions and workers compensation benefits so they will be there for future generations of police officers and firefighters and safeguard taxpayer dollars; and 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. 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. Courts have interpreted the 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 a Task Force on Public Employee Disability Presumptions is currently meeting to make findings and recommendations to the Legislature. 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. All of these proposals are designed to bring a fairer balance to the application of presumption laws; and 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

19 Res. No Page 2 of 4 HB 365 by Representative Fred Costello and SB 910 by Senator Alan Hays have been filed for consideration during the 2012 legislative session. HB 365 and SB 910 would 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 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 MAYOR AND CITY COUNCIL OF THE CITY OF DORAL AS FOLLOWS:

20 Res. No Page 3 of 4 Section 1. That the City of Doral hereby supports 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. Section 2. That the City of Doral hereby requests the Florida Legislature to 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. Section 3. That the City of Doral 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 4. That the City of Doral 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 5. This Resolution shall be effective upon adoption. [Section left blank intentionally]

21 Res. No Page 4 of 4 The foregoing Resolution was offered by who moved its adoption. The motion was seconded by and upon being put to a vote, the vote was as follows: Mayor Juan Carlos Bermudez Vice Mayor Michael DiPietro Councilman Luigi Boria Councilman Pete Cabrera Councilwoman Ana Maria Rodriguez PASSED and ADOPTED this 6 th day of January, ATTEST: JUAN CARLOS BERMUDEZ, MAYOR BARBARA HERRERA, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE SOLE USE OF THE CITY OF DORAL: JIMMY MORALES, CITY ATTORNEY