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 amended its Firefighters' Pension Trust on September 21, 2016, by Resolution 622-16, raising the firefighter contribution from 3% to 4% of pensionable wages, including for members already in the Deferred Retirement Option Plan (DROP). The increase came out of the collective bargaining agreement between the Fire District and IAFF Local 1377.

The Fire District's attorney asked the AG to weigh in on whether the increase could properly apply to firefighters already in DROP. The AG declined to opine, on three settled grounds:

1. Collective bargaining is the proper forum. Retirement benefits are a mandatory subject of bargaining for public employees in Florida.
2. The members consented. Through their union, the affected firefighters agreed to the increase. The Fire District then memorialized that agreement by resolution.
3. The action is already taken. Florida AG opinions are advisory and prospective. The AG does not issue opinions on actions that have already been taken; doing so would substitute AG judgment for the validity afforded duly adopted local legislation.

The opinion expresses regret at the inability to give more direct guidance, but explains that the limitation is statutory rather than discretionary. The Fire District's options were judicial (declaratory action) or administrative (returning to the bargaining table) rather than an AG opinion.

Currency note

This opinion was issued in 2016. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Why did the AG decline to answer?
A: Three reasons combined: retirement plans are bargained, the union had agreed, and the Fire District had already enacted the resolution. The AG declines to opine on actions already taken because doing so would amount to second-guessing local legislative judgment.

Q: Could the firefighters individually challenge the contribution increase?
A: That was a judicial question outside the opinion's scope. A challenger would need to identify a vested-rights theory or a procedural defect in the bargaining process. The AG opinion does not address that path.

Q: Are pension benefits a mandatory subject of bargaining in Florida?
A: Yes. Retirement benefits for public employees are a proper subject of collective bargaining under Florida public-employee labor law, with statutory and case-law support that the AG cited generally.

Q: What is DROP?
A: Deferred Retirement Option Plan. A firefighter who has reached normal retirement eligibility can "retire" for plan purposes while continuing to work. Pension benefits accrue in a side account until the firefighter actually leaves employment, at which point the side-account balance is paid out.

Q: Could the AG advise pre-adoption?
A: Yes. The AG can answer questions about a public officer's prospective decision-making. The bar is on opining about a measure that has already been adopted, particularly one that came out of collective bargaining.

Background and statutory framework

Florida special districts (including independent fire control districts like St. Lucie County Fire District) often maintain their own local pension plans for firefighters under Chapter 175. Plan amendments must comply with the chapter's actuarial and structural requirements, the district's own enabling act, and the bargaining agreement governing the affected employees.

The AG opinion process is governed by § 16.01(3), Florida Statutes, which directs the AG to give legal opinions to public officers on questions about their official duties. The AG declines requests that involve already-acted-upon matters, contracts already signed, or settled judicial questions. The "already acted" rule is a long-standing self-limitation that protects the deliberative space of local governing bodies and avoids advisory rulings on enacted law.

The St. Lucie County Fire District's position was that the resolution and the underlying CBA together resolved the contribution-rate change for all members, including those in DROP. The opinion does not endorse or reject that position; it stays out.

Citations and references

Statutes:
- Florida public-employee collective bargaining law (Ch. 447)
- Chapter 175, Fla. Stat. (Firefighters' Pensions)
- § 16.01, Fla. Stat. (Attorney General; duties)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/firefighter-pension-fund
• Original PDF: 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