Florida Senate - 2009                                     SB 600
       
       
       
       By Senator Fasano
       
       
       
       
       11-00524-09                                            2009600__
    1                        A bill to be entitled                      
    2         An act relating to the optional retirement program in
    3         the State University System; amending s. 121.35, F.S.;
    4         revising provisions relating to provider contracts
    5         that provide benefits to program participants;
    6         increasing the number of companies that may provide
    7         contracts from five to seven; providing an effective
    8         date.
    9         
   10  Be It Enacted by the Legislature of the State of Florida:
   11         
   12         Section 1. Subsection (1), paragraph (a) of subsection (4),
   13  paragraph (a) of subsection (5), and paragraphs (a), (b), and
   14  (c) of subsection (6) of section 121.35, Florida Statutes, are
   15  amended to read:
   16         121.35 Optional retirement program for the State University
   17  System.—
   18         (1) OPTIONAL RETIREMENT PROGRAM ESTABLISHED.—The department
   19  of Management Services shall establish an optional retirement
   20  program under which contracts providing retirement and death
   21  benefits may be purchased for eligible members of the State
   22  University System who elect to participate in the program. The
   23  benefits to be provided for or on behalf of participants in such
   24  optional retirement program shall be provided through individual
   25  contracts or individual certificates issued for group annuity
   26  contracts or other contracts, which may be fixed, variable, or a
   27  combination thereof; or for other contracts, in accordance with
   28  s. 403(b) of the Internal Revenue Code. Any individual contract
   29  or certificate must shall state the annuity plan on its face
   30  page, and shall include, but not be limited to, a statement of
   31  ownership, the contract benefits, annuity income options,
   32  limitations, expense charges, and surrender charges, if any. The
   33  state shall contribute, as provided in this section, toward the
   34  purchase of such optional benefits.
   35         (4) CONTRIBUTIONS.—
   36         (a) Through June 30, 2001, each employer shall contribute
   37  on behalf of each participant in the optional retirement program
   38  an amount equal to the normal cost portion of the employer
   39  retirement contribution which would be required if the
   40  participant were a regular member of the Florida Retirement
   41  System defined benefit program, plus the portion of the
   42  contribution rate required in s. 112.363(8) that would otherwise
   43  be assigned to the Retiree Health Insurance Subsidy Trust Fund.
   44  Effective July 1, 2001, each employer shall contribute on behalf
   45  of each participant in the optional program an amount equal to
   46  10.43 percent of the participant's gross monthly compensation.
   47  The department shall deduct an amount approved by the
   48  Legislature to provide for the administration of the this
   49  program. Contributions shall be paid The payment of the
   50  contributions to the optional program which is required by this
   51  paragraph for each participant shall be made by the employer to
   52  the department, which shall forward the contributions to the
   53  designated company or companies contracting for payment of
   54  benefits for the participant under the program. However, such
   55  contributions paid on behalf of an employee described in
   56  paragraph (3)(c) may shall not be forwarded to a company and do
   57  shall not begin to accrue interest until the employee has
   58  executed a contract with one of the designated companies and
   59  notified the department.
   60         (5) BENEFITS.—
   61         (a) Benefits are shall be payable under the optional
   62  retirement program only to vested participants in the program,
   63  or their beneficiaries, as designated by the participant in the
   64  contract with a provider company, and such benefits shall be
   65  paid only by the designated company in accordance with s. 403(b)
   66  of the Internal Revenue Code and in accordance with the terms of
   67  the annuity contract or other contracts applicable to the
   68  participant. Benefits shall accrue in individual accounts that
   69  are participant-directed, portable, and funded by employer
   70  contributions and the earnings thereon. The participant must be
   71  terminated from all employment with all Florida Retirement
   72  System employers, as provided in s. 121.021(39), to begin
   73  receiving the employer-funded benefit. Benefits funded by
   74  employer contributions are shall be payable in accordance with
   75  the following terms and conditions:
   76         1. Benefits are shall be payable only to a participant, to
   77  his or her beneficiaries, or to his or her estate, as designated
   78  by the participant.
   79         2. Benefits must shall be paid by the provider company or
   80  companies in accordance with the law, the provisions of the
   81  contract, and any applicable board rule or policy.
   82         3. In the event of a participant's death, moneys
   83  accumulated by, or on behalf of, the participant, less
   84  withholding taxes remitted to the Internal Revenue Service, if
   85  any, must shall be distributed to the participant's designated
   86  beneficiary or beneficiaries, or to the participant's estate, as
   87  if the participant retired on the date of death and, as provided
   88  in paragraph (c). No other death benefits are shall be available
   89  for survivors of participants under the optional retirement
   90  program except for such benefits, or coverage for such benefits
   91  which, as are separately provided afforded by the employer, at
   92  the employer's discretion.
   93         (6) ADMINISTRATION OF PROGRAM.—
   94         (a) The optional retirement program authorized by this
   95  section shall be administered by the department. The department
   96  shall adopt rules establishing the responsibilities of the
   97  institutions in the State University System in administering the
   98  optional retirement program. The Board of Regents shall, no more
   99  than 90 days after July 1, 1983, submit to the department its
  100  recommendations for the contracts to be offered by the companies
  101  chosen by the department. Effective July 1, 2001, the State
  102  Board of Education shall submit to the department its
  103  recommendations for the contracts to be offered by the companies
  104  chosen by the department. Effective July 1, 2007, the Board of
  105  Governors of the State University System shall submit
  106  recommendations on contracts to be offered by the department
  107  within 90 days after request by the department. The
  108  recommendations of the board shall include the following:
  109         1. The nature and extent of the rights and benefits in
  110  relation to the required contributions; and
  111         2. The suitability of the rights and benefits to the needs
  112  of the participants and the interests of the institutions in the
  113  recruitment and retention of eligible employees.
  114         (b) After receiving and considering the recommendations of
  115  the Board of Governors of the State University System, the
  116  department shall designate up to seven no more than five
  117  companies from which contracts may be purchased under the
  118  program and shall approve the form and content of the optional
  119  retirement program contracts. Any domestic company that was has
  120  been designated as of July 1, 2005, shall be included in the
  121  seven five companies until expiration of its existing contract
  122  with the department. The domestic company may assign its
  123  contract with the department to an affiliated qualified company
  124  that is wholly owned by the domestic company's parent company
  125  and has assumed 100 percent of the responsibility for the
  126  contracts purchased from the domestic company.
  127         (c) Effective July 1, 1997, The State Board of
  128  Administration shall review and make recommendations to the
  129  department on the acceptability of all investment products
  130  proposed by provider companies of the optional retirement
  131  program before they are offered through annuity contracts or
  132  other contracts to the participants and may advise the
  133  department of any changes necessary to ensure that the optional
  134  retirement program offers an acceptable mix of investment
  135  products. The department shall make the final determination as
  136  to whether an investment product will be approved for the
  137  program.
  138         Section 2. This act shall take effect July 1, 2009.