Can a Florida fire district raise the firefighter pension contribution rate for employees who have already entered the DROP program?

Plain-English summary

The St. Lucie County Fire District asked whether its amendment to the Firefighters' Pension Trust, increasing employee contributions from 3% to 4%, could apply to firefighters already in the Deferred Retirement Option Plan (DROP). The district had adopted Resolution 622-16 after negotiating a collective bargaining agreement with IAFF Local 1377. The quoted resolution applied the 4% contribution to "Members in the DROP."

The AG's office declined to answer the application question. It said retirement plans are a proper subject of collective bargaining, the affected members had agreed to the increase, and the district had adopted the negotiated change by resolution. The letter then stated: "This office may not comment on the terms of a collective bargaining agreement, and it must presume the validity of duly adopted local legislation." It added that an opinion would not be issued after a public entity had already acted. The letter does not decide whether the increase was valid for DROP members.

Currency note

This letter was issued in 2016. Later law or decisions may have changed the context. Verify current law before relying on it.

Common questions

Did the AG approve the increased contribution for DROP members?

No. The office expressly declined to comment on the collective bargaining agreement or the district's adopted resolution.

Did the letter say the AG would have answered before adoption?

No. The office gave two reasons it would not comment: it may not address terms of a collective bargaining agreement, and it will not issue an opinion after a public entity has acted. It did not address a hypothetical request before adoption.

What contribution change did the district report?

The district reported that Resolution 622-16 raised employee contributions from 3% to 4% of pensionable wages, including members in DROP, under its agreement with IAFF Local 1377.

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/firefighter-pension-fund
• Official print view: https://www.myfloridalegal.com/print/pdf/node/8046

Original opinion text

November 30, 2016

Mr. Kenneth C. Crooks
Fire District Attorney
St. Lucie County Fire District
5160 Northwest Miller Drive
Port St. Lucie, Florida 34983-3392

Dear Mr. Crooks:

This office has received your inquiry on behalf of the St. Lucie County Fire District, asking whether an amendment by the Fire District to its Firefighters' Pension Trust, requiring an increase in the employee contribution of wages to be paid by all firefighters, may be applied to individuals who have already entered the Deferred Retirement Option Plan (DROP). Attorney General Pam Bondi has asked that I respond to your question.

You represent that the St. Lucie County Fire District, an independent taxing district, has its own local plan, the St. Lucie County Fire District Firefighters' Pension Trust. On September 21, 2016, the St. Lucie County Fire Board of Commissioners adopted Resolution 622-16, incorporating an increase in the employee contribution from three percent to four percent, pursuant to the collective bargaining agreement previously negotiated with IAFF Local 1377. The portion of the resolution that concerns you provides:

"Per the provisions of the Collective Bargaining Agreement between the Fire District and IAFF Local 1377, effective the first full payroll period after October 1, 2016, the Members shall contribute 4% of Pensionable Wages towards the Plan including Members in the DROP."[1]

Retirement plans are a proper subject for collective bargaining by public employees.[2] The members affected by the contribution increase have agreed to the increase, and the Fire District has adopted the negotiated change by resolution. This office may not comment on the terms of a collective bargaining agreement, and it must presume the validity of duly adopted local legislation.[3] An opinion will not be issued when a public entity has already acted.[4]

I regret that this office cannot be of more direct assistance to you in this matter, but trust you will understand that our inability to comment is the result of statutory limitations rather than a lack of concern.

Sincerely,

Ellen B. Gwynn