1.
FLORIDA PREMIUM TAX DISTRIBUTION AMOUNTS RELEASED:
The Florida Division of Retirement, Municipal Police
Officers’ & Firefighters’ Retirement Trust Funds office,
has released the 2002 premium tax distribution figures under Chapter 175,
Florida Statutes (Firefighters), and Chapter 185, Florida Statutes (Police
Officers). Premium tax distributions for firefighters total just over $40
Million and for police officers, almost $54.5 Million. Again, the City
of Miami leads in both categories: Fire - $3,763,000.00 and Police - $5,678,000.00.
Both lists can be viewed in their entirety at http://www.frs.state.fl.us/frs/mpf/2002_Fire.htm
and http://www.frs.state.fl.us/frs/mpf/2002_Police.htm.
2. FLORIDA
WILL HOLD 35TH ANNUAL P&F CONFERENCE:
On September 24-26, 2003, the Florida Division of Retirement, Municipal
Police Officers’ & Firefighters’ Retirement Trust Funds
office, will hold its 35th Annual Police Officers’ and Firefighters’ Pension
Trustees Conference at the Tampa Westshore Marriott, Tampa, Florida.
The first day is designed for new trustees. The second and third days
will be the regular conference program for all trustees, service providers,
participants and all other interested parties, dealing with: legislation,
legal issues, actuarial issues, investments and other retirement related
issues. As always, this conference is a do-not-miss.
3. COST
OF FIDUCIARY LIABILITY POLICIES SOARS:
The cost of fiduciary liability insurance, including coverage for trustees
of pension funds, continues to skyrocket by as much as 150% over last
year, according to a plansponsor.com summary of a RIMS Benchmark Survey.
Insurers fear a mass of litigation because of substantial underfunding,
questionable loans to sponsor organizations, corporate scandals and
bankruptcy -- all of which highlight the problem faced by public fund
trustees: they are in the same pool with directors and officers of
corporations. However, one bright spot may be that the number of policies
increased only slightly, suggesting that supply may be catching up
to demand, creating more stability in the market.
4. FEDERAL
APPEALS COURT HOLDS THAT GEORGIA COUNTY SHERIFFS ARE STATE ACTORS
IMMUNE FROM CIVIL RIGHTS SUITS:
In an 89-page, 6-5 decision, the Eleventh U. S. Circuit Court of Appeals
has concluded that the Sheriff of Clinch County, Georgia, in establishing
use-of-force policy at the jail and in training and disciplining his
deputies in that regard, is entitled to Eleventh Amendment immunity
from excessive force cases under §1983. In reversing the lower
court’s denial of the Sheriff’s motion for summary judgment,
the appellate court found that Sheriffs’ duties and functions
are derived directly from the state, performed for the state and controlled
by the state. The opinion does not address individual liability of
the Sheriff or his deputies for using excessive force. The five dissenters,
whose views make up almost half the opinion, felt the majority’s
argument implies that Eleventh Amendment immunity extends beyond Sheriffs
to city police officers, county police officers and even private security
guards. Manders v. Lee, Case No. 01-13606 (U.S. 11th Cir., July 28,
2003) (en banc).
5. WRONG
AGAIN, BURRITO BREATH:
We have another funny from the Associated Press, which seems to have
a knack for this sort of thing. An inmate accused of violating his
work release program by having alcohol on his breath says it was all
in the burritos. An attorney says his client, William Dolge, 45, had
a burrito soaked in beer, which resulted in his testing positive for
a low amount of alcohol about two weeks ago when he returned to jail
from his job. The County Attorney says he suspected Dolge washed the
burritos down with something more than water. The judge has instructed
Dolge’s attorney to bring the recipe -- and a sample if he can
-- to the next hearing. Dolge had been granted work release while serving
time for driving with a suspended license. Burp.
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