Judges: Robert A. Butterworth Attorney General
Filed Date: 11/15/1993
Status: Precedential
Modified Date: 7/5/2016
Mr. Robert D. Klausner General Counsel for the Key West Police Officers' and Firefighters' Retirement Plan 6565 Taft Street, Suite 200 Hollywood, Florida 33024
Dear Mr. Klausner:
On behalf of the Key West Police Officers' and Firefighters' Retirement Plan, you ask substantially the following question:
May the trustees of a municipal firefighters' and police officers' retirement fund established pursuant to Chs. 175 and 185, F.S., establish their own system for reimbursement of expenses incurred by trustees in the performance of their duties?
In sum:
The trustees of a firefighters' and police officers' retirement fund established under Chs. 175 and 185, F.S., must follow the reimbursement system established by the Legislature in s.
You state that the Key West Police Officers' and Firefighters' Retirement Plan was created pursuant to the Charter and Code of the City of Key West and Chs. 175 and 185, F.S. For purposes of this opinion, it is assumed that the retirement fund is a "chapter plan" and, therefore, subject to the provisions of Chs. 175 and 185, F.S.1
Chapters
The term "by law" has been construed to mean a statute adopted by both houses of the Legislature.3 Thus, the trustees of trust funds governed by the provisions in Chs. 175 and 185, F.S., must follow the provisions of state law relating to expenses and per diem.4 The statutory provisions relating to travel expenses and per diem for public officers, employees and authorized persons are contained in s.
Accordingly, it is my opinion that the Board of Trustees of the Key West Police Officers' and Firefighters' Retirement Plan, has no authority to establish its own system for reimbursement of expenses and per diem for trustees in the performance of their duties, but are bound by the provisions of s.
Sincerely,
Robert A. Butterworth Attorney General
RAB/tls