Florida Senate - 2009             CONFERENCE COMMITTEE AMENDMENT
       Bill No. CS for SB 1802
       
       
       
       
       
       
                                Barcode 207418                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .                                
             05/08/2009 12:49 PM       .                                
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       The Conference Committee on CS for SB 1802 recommended the
       following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 121.71, Florida Statutes, is amended to
    7  read:
    8         121.71 Uniform rates; process; calculations; levy.—
    9         (1) In conducting the system actuarial study required under
   10  s. 121.031, the actuary shall follow all requirements specified
   11  thereunder to determine, by Florida Retirement System employee
   12  membership class, the dollar contribution amounts necessary for
   13  the forthcoming fiscal year for the defined benefit program. In
   14  addition, the actuary shall determine, by Florida Retirement
   15  System membership class, based on an estimate for the
   16  forthcoming fiscal year of the gross compensation of employees
   17  participating in the optional retirement program, the dollar
   18  contribution amounts necessary to make the allocations required
   19  under ss. 121.72 and 121.73. For each employee membership class
   20  and subclass, the actuarial study shall establish a uniform rate
   21  necessary to fund the benefit obligations under both Florida
   22  Retirement System retirement plans, by dividing the sum of total
   23  dollars required by the estimated gross compensation of members
   24  in both plans.
   25         (2) Based on the uniform rates set forth in subsection (3),
   26  employers shall make monthly contributions to the Division of
   27  Retirement, which shall initially deposit the funds into the
   28  Florida Retirement System Contributions Clearing Trust Fund. A
   29  change in a contribution rate is effective the first day of the
   30  month for which a full month’s employer contribution may be made
   31  on or after the beginning date of the change.
   32         (3) Required employer retirement contribution rates for
   33  each membership class and subclass of the Florida Retirement
   34  System for both retirement plans are as follows:
   35  Membership Class           Percentage of Gross Compensation,Effective July 1, 2009 2008Percentage of Gross Compensation,Effective July 1, 2010 2009
   36  Regular Class                      8.69%             9.63% 9.60%     
   37  Special Risk Class                19.76%            22.11% 22.03%    
   38  Special Risk Administrative  Support Class       11.39%            12.10% 11.98%    
   39  Elected Officers’ Class -  Legislators, Governor,  Lt. Governor,  Cabinet Officers,  State Attorneys,  Public Defenders       13.32%            15.20% 14.56%    
   40  Elected Officers’ Class -  Justices, Judges       18.40%            20.65% 20.37%    
   41  Elected Officers’ Class -  County Elected Officers       15.37%            17.50% 17.06%    
   42  Senior Management Class           11.96%            13.43% 13.36%    
   43  DROP                               9.80%            11.14% 10.96%    
   44         (4) The state actuary shall recognize and use an
   45  appropriate level of available excess assets of the Florida
   46  Retirement System Trust Fund to offset the difference between
   47  the normal costs of the Florida Retirement System and the
   48  statutorily prescribed contribution rates.
   49         Section 2. As part of the actuarial study required by s.
   50  121.031(3), Florida Statutes, based on the results of June 30,
   51  2009, the administrator of the Florida Retirement System shall
   52  contract with the state actuary to conduct an actuarial study of
   53  the Florida Retirement System which considers the following
   54  methods of funding the Deferred Retirement Option Program:
   55         (1)Through a separate contribution rate regardless of the
   56  participant’s membership class, which has been the method
   57  through the 2008 valuation;
   58         (2)Treat participants as retirees such that the payroll
   59  associated with the participants is not used to develop the
   60  contribution rates for the respective membership class, and the
   61  employer is not required to make contributions on such payroll
   62  except for unfunded actuarial liability contributions; and
   63         (3)Treat participants as active members such that the
   64  payroll associated with the participants is used to develop the
   65  contribution rates for the respective membership class, and the
   66  employer is required to make contributions on the payroll at the
   67  same contribution rate as the employer pays for an active member
   68  of the applicable class.
   69         Section 3. The Legislature finds that a proper and
   70  legitimate state purpose is served when employees and retirees
   71  of the state and its political subdivisions, and the dependents,
   72  survivors, and beneficiaries of such employees and retirees, are
   73  extended the basic protections afforded by governmental
   74  retirement systems. These persons must be provided benefits that
   75  are fair and adequate and that are managed, administered, and
   76  funded in an actuarially sound manner, as required by s. 14,
   77  Article X of the State Constitution and part VII of chapter 112,
   78  Florida Statutes. Therefore, the Legislature determines and
   79  declares that this act fulfills an important state interest.
   80         Section 4. This act shall take effect July 1, 2009.
   81  
   82  ================= T I T L E  A M E N D M E N T ================
   83         And the title is amended as follows:
   84         Delete everything before the enacting clause
   85  and insert:
   86                        A bill to be entitled                      
   87         An act relating to retirement; amending s. 121.71,
   88         F.S.; revising the payroll contribution rates for the
   89         membership classes of the Florida Retirement System
   90         for the state fiscal years effective July 1, 2009, and
   91         July 1, 2010; requiring the state actuary to consider
   92         additional factors when conducting the annual
   93         actuarial study of the State Retirement System;
   94         specifying the factors to be considered; providing a
   95         declaration of important state interest; providing an
   96         effective date.