Florida/Georgia Personal Injury & Workers Compensation

...It was the Board's position that the Town was obligated to pay the difference between the asset value of the Plan and the accrued benefits as of the date of termination. The Town disagreed and proceeded to file a complaint for declaratory relief. The Board filed a counterclaim, alleging the Town violated sections 175.361, 112.0515 and 175.091(d), Florida Statutes....

...r plan which existed at the date of such consolidation or merger and in which the employee was participating, nor shall such consolidation or merger result in any impairment or reduction in benefits or other pension rights accruing to such employee. § 112.0515, Fla....

...rfeitable." Additionally, inasmuch as the Town's decision to enter into the Agreement resulted in the termination of the Plan, there could be no impairment or reduction in benefits or other pension rights accruing to any firefighter Plan member. See § 112.0515, Fla....

...You state that all of the authority's employees, in addition to being members of the Florida Retirement System, are provided a tax-sheltered deferred compensation plan with contributions paid by the authority. 1 As a result of the impending merger and the protection of pension or retirement rights provided in section 112.0515 , Florida Statutes, the county is uncertain whether it must continue to make contributions to the tax-sheltered deferred compensation plans on behalf of authority employees who will become county employees after the merger occurs. Section 112.0515 , Florida Statutes, states: It is hereby declared to be the policy of this state that in any consolidation or merger of governments or the transfer of functions between units of governments either at the state or local level or betwe...

...ed at the date of such consolidation or merger and in which the employee was participating, nor shall such consolidation or merger result in any impairment or reduction in benefits or other pension rights accruing to such employee. Thus, pursuant to section 112.0515 , Florida Statutes, the rights of the Port Everglades Authority employees in their retirement or pension fund are protected and may not be diminished or impaired due to the authority's merger into Broward County....

...ensation of employees affected by a consolidation or merger and applies only to rights and benefits of a retirement plan of which the employee is a member. 2 For instance, in Attorney General Opinion 73-383, this office was asked whether pursuant to section 112.0515 , Florida Statutes, a county was required to continue to pay an employee who was employed by a municipal court prior to its merger with the county court a salary equal to the full compensation, including longevity bonuses, formerly paid to him. Finding that the provisions in section 112.0515 , Florida Statutes, relate only to retirement benefits and pension rights, this office concluded that the statute was not applicable to salary or compensation of employees affected by a merger. Specifically, it was determined that the longevity bonus was part of the annual compensation or salary of the affected employee and, therefore, was not protected by section 112.0515 , Florida Statutes....

...loyees participating in that system an additional retirement plan such that the employees are participating in both plans at the same time. 4 Accordingly, since such payments are in the manner of salary or compensation, the county is not required by section 112.0515 , Florida Statutes, to continue such payments to the deferred compensation plans on behalf of the authority employees....

...New, however, argues that because her job functions and duties remained the same, the transfer of the funding for her position from Pinellas County to the State in 2004 did not operate as a termination of her employment and that the Department was prohibited by Florida law from reducing her retirement benefits. 1 We agree. Section 112.0515, Florida Statutes (2004), provides that it is the policy of this state that in any consolidation or merger of governments or the transfer of functions between units of governments either at the state or local level or between state a...

...And once Ms. New was designated into SMSC, her eligibility could not be impaired or reduced until she retired. See § 121.055(2)(a). Her designation into SMSC rendered section 121.055(1)(h)(1) inapplicable and triggered the protections of sections 112.0515 and 121.055(2)(a) because her duties and responsibilities did not change. Her employment position underwent a seamless transition, and her "termination" from Pinellas County appeared to be pro forma for administrative bookkeeping and did not act to terminate her eligibility. Section 112.0515 was enacted to protect the rights of those public employees who are deemed eligible for FRS retirement benefits....

...Hubbard: You have asked for my opinion on substantially the following questions: 1. Does a municipality's contract for law enforcement services with the sheriff constitute a "consolidation or merger of governments or the transfer of functions between units of governments" within the scope of section 112.0515 , Florida Statutes? 2. Does the reference in section 112.0515 , Florida Statutes, to pension rights and benefits relate to rights and benefits accrued prior to any consolidation or merger of governments? In sum: 1....

...The contractual arrangement between a municipality and a sheriff for the performance of law enforcement services to be provided by the sheriff does not constitute a consolidation or merger of governments or a transfer of functions between units of government for purposes of section 112.0515 , Florida Statutes. 2. Based on my answer to your first question, your second question is moot, i.e., section 112.0515 , Florida Statutes, does not apply to the contractual arrangement being proposed....

...1 According to your letter, the City of Dunedin is contracting with the Pinellas County Sheriff for law enforcement services effective October 1, 1995. As a result of the pending contract, several issues have arisen regarding the City of Dunedin Police Officers' Pension Plan. Pursuant to section 112.0515 , Florida Statutes: It is hereby declared to be the policy of this state that in any consolidation or merger of governments or the transfer of functions between units of governments either at the state or local level or between state...

...upervisory or other control of the police power function would not constitute "consolidation or merger of governments or the transfer of functions between units of government" within the scope of sections 3 or 4, Article VIII, State Constitution, or section 112.0515 , Florida Statutes. Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 Cf., Op. Att'y Gen. Fla. 73-383 (1973), concluding that, neither s. 112.0515 , nor any other provision of general law would require the county to pay municipal court employees who, upon abolishment of a municipal court, become county employees, a longevity bonus as part of the annual compensation or salary of such...