SB 1570                                          First Engrossed
       
       
       
       
       
       
       
       
       20121570e1
       
    1                        A bill to be entitled                      
    2         An act relating to justices and judges; amending s.
    3         25.073, F.S.; providing that, for a retired justice or
    4         retired judge who has consented to temporary duty in
    5         any court, the definition of the term “termination” in
    6         ch. 121, F.S., does not apply, and termination occurs
    7         when the retired justice or judge ceases all
    8         nontemporary, active duty as a judge and retires from
    9         the Florida Retirement System; amending s. 43.291,
   10         F.S.; revising requirements for the appointment of
   11         members of judicial nominating commissions; providing
   12         that, with the exception of members selected from a
   13         list of nominees provided by the Board of Governors of
   14         The Florida Bar, a current member of a judicial
   15         nominating commission appointed by the Governor serves
   16         at the pleasure of the Governor; providing staggered
   17         terms for members of a judicial nominating commission;
   18         deleting obsolete provisions; deleting a requirement
   19         that the Executive Office of the Governor establish
   20         uniform rules of procedure consistent with the State
   21         Constitution when suspending for cause a member of a
   22         judicial nominating commission; amending s. 121.021,
   23         F.S.; revising the definition of the term
   24         “termination,” to conform to changes made by the act;
   25         amending s. 121.091, F.S.; providing that a retired
   26         justice or retired judge who has reached his or her
   27         normal retirement age or date and consents to
   28         temporary employment as a senior judge in any court,
   29         as assigned by the Chief Justice of the Supreme Court,
   30         is not subject to certain specified limitations on
   31         employment after retirement; amending s. 121.591,
   32         F.S.; providing that a retired justice or retired
   33         judge who has consented to temporary employment as a
   34         senior judge in any court may receive a regular
   35         distribution of his or her retirement benefits account
   36         after providing proof of termination from his or her
   37         regularly established position; providing that, in
   38         order to fund the benefit changes set forth in the
   39         act, the required employer contribution rates of the
   40         Florida Retirement System, and the required employer
   41         contribution rates for the unfunded actuarial
   42         liability of the Florida Retirement System, are
   43         increased by specified amounts; providing a statement
   44         of important state interest; providing that specified
   45         provisions of the act relating to retired justices and
   46         judges take effect only if the Legislature
   47         appropriates sufficient funds and the State Courts
   48         Administrator certifies that the appropriation was
   49         made and that the appropriation was not vetoed by the
   50         Governor; providing effective dates.
   51  
   52  Be It Enacted by the Legislature of the State of Florida:
   53  
   54         Section 1. Subsection (4) is added to section 25.073,
   55  Florida Statutes, to read:
   56         25.073 Retired justices or judges assigned to temporary
   57  duty; additional compensation; appropriation.—
   58         (4) For a retired justice or retired judge who has reached
   59  his or her normal retirement age or date under chapter 121 and
   60  who has consented to temporary duty in any court, as assigned by
   61  the Chief Justice of the Supreme Court in accordance with s. 2,
   62  Art. V of the State Constitution:
   63         (a) The definition of the term “termination” in s. 121.021
   64  does not apply, and termination occurs when the justice or judge
   65  ceases all nontemporary, active duty as a judge and retires from
   66  the Florida Retirement System.
   67         (b) Section 121.091(9)(c) does not apply, and such
   68  temporary duty is not considered reemployment or employment
   69  after retirement for purposes of chapter 121 and renewed
   70  membership in the Florida Retirement System is not permitted.
   71         Section 2. Effective upon this act becoming a law,
   72  subsections (1), (3), and (5) of section 43.291, Florida
   73  Statutes, are amended to read:
   74         43.291 Judicial nominating commissions.—
   75         (1)(a) Each judicial nominating commission shall be
   76  composed of the following members:
   77         1.(a) Four members of The Florida Bar, appointed by the
   78  Governor, who are engaged in the practice of law, each of whom
   79  is a resident of the territorial jurisdiction served by the
   80  commission to which the member is appointed. The Board of
   81  Governors of The Florida Bar shall submit to the Governor three
   82  recommended nominees for each position. The Governor shall
   83  select the appointee from the list of nominees recommended for
   84  that position, but the Governor may reject all of the nominees
   85  recommended for a position and request that the Board of
   86  Governors submit a new list of three different recommended
   87  nominees for that position who have not been previously
   88  recommended by the Board of Governors.
   89         2.(b) Five members appointed by the Governor, each of whom
   90  is a resident of the territorial jurisdiction served by the
   91  commission to which the member is appointed, of which at least
   92  two are members of The Florida Bar engaged in the practice of
   93  law. Notwithstanding any other law, each member of a judicial
   94  nominating commission appointed by the Governor after January 4,
   95  2011, other than those selected from a list of nominees provided
   96  by the Board of Governors of The Florida Bar, shall serve at the
   97  pleasure of the Governor.
   98         (b) Each expired term or vacancy shall be filled by
   99  appointment in the same manner as the member whose position is
  100  being filled.
  101         (3) Members of a judicial nominating commission shall be
  102  appointed to serve staggered terms as follows:
  103         (a) Two appointments directly by the Governor and one
  104  appointment from the list of nominees provided by the Board of
  105  Governors of The Florida Bar for terms ending on July 1, 2012.
  106         (b) One appointment directly by the Governor and two
  107  appointments from the list of nominees provided by the Board of
  108  Governors of The Florida Bar for terms ending on July 1, 2014.
  109         (c) Two appointments directly by the Governor and one
  110  appointment from the list of nominees provided by the Board of
  111  Governors of The Florida Bar for terms ending on July 1, 2015.
  112  Notwithstanding any other provision of this section, each
  113  current member of a judicial nominating commission appointed
  114  directly by the Board of Governors of The Florida Bar shall
  115  serve the remainder of his or her term, unless removed for
  116  cause. The terms of all other members of a judicial nominating
  117  commission are hereby terminated, and the Governor shall appoint
  118  new members to each judicial nominating commission in the
  119  following manner:
  120         (a) Two appointments for terms ending July 1, 2002, one of
  121  which shall be an appointment selected from nominations
  122  submitted by the Board of Governors of The Florida Bar pursuant
  123  to paragraph (1)(a);
  124         (b) Two appointments for terms ending July 1, 2003; and
  125         (c) Two appointments for terms ending July 1, 2004.
  126  
  127  Every subsequent appointment, except an appointment to fill a
  128  vacant, unexpired term, shall be for 4 years. Each expired term
  129  or vacancy shall be filled by appointment in the same manner as
  130  the member whose position is being filled.
  131         (5) A member of a judicial nominating commission may be
  132  suspended for cause by the Governor pursuant to uniform rules of
  133  procedure established by the Executive Office of the Governor
  134  consistent with s. 7, of Art. IV of the State Constitution.
  135         Section 3. Subsection (39) of section 121.021, Florida
  136  Statutes, is amended to read:
  137         121.021 Definitions.—The following words and phrases as
  138  used in this chapter have the respective meanings set forth
  139  unless a different meaning is plainly required by the context:
  140         (39)(a) “Termination” occurs, except as provided in
  141  paragraph (b) or paragraph (d), when a member ceases all
  142  employment relationships with participating employers, however:
  143         1. For retirements effective before July 1, 2010, if a
  144  member is employed by any such employer within the next calendar
  145  month, termination shall be deemed not to have occurred. A leave
  146  of absence constitutes a continuation of the employment
  147  relationship, except that a leave of absence without pay due to
  148  disability may constitute termination if such member makes
  149  application for and is approved for disability retirement in
  150  accordance with s. 121.091(4). The department or state board may
  151  require other evidence of termination as it deems necessary.
  152         2. For retirements effective on or after July 1, 2010, if a
  153  member is employed by any such employer within the next 6
  154  calendar months, termination shall be deemed not to have
  155  occurred. A leave of absence constitutes a continuation of the
  156  employment relationship, except that a leave of absence without
  157  pay due to disability may constitute termination if such member
  158  makes application for and is approved for disability retirement
  159  in accordance with s. 121.091(4). The department or state board
  160  may require other evidence of termination as it deems necessary.
  161         (b) “Termination” for a member electing to participate in
  162  the Deferred Retirement Option Program occurs when the program
  163  participant ceases all employment relationships with
  164  participating employers in accordance with s. 121.091(13),
  165  however:
  166         1. For termination dates occurring before July 1, 2010, if
  167  the member is employed by any such employer within the next
  168  calendar month, termination will be deemed not to have occurred,
  169  except as provided in s. 121.091(13)(b)4.c. A leave of absence
  170  shall constitute a continuation of the employment relationship.
  171         2. For termination dates occurring on or after July 1,
  172  2010, if the member becomes employed by any such employer within
  173  the next 6 calendar months, termination will be deemed not to
  174  have occurred, except as provided in s. 121.091(13)(b)4.c. A
  175  leave of absence constitutes a continuation of the employment
  176  relationship.
  177         (c) Effective July 1, 2011, “termination” for a member
  178  receiving a refund of employee contributions occurs when a
  179  member ceases all employment relationships with participating
  180  employers for 3 calendar months. A leave of absence constitutes
  181  a continuation of the employment relationship.
  182         (d) Effective July 1, 2012, a retired justice or retired
  183  judge who has reached his or her normal retirement age or date
  184  and who consents to temporary employment as a senior judge in
  185  any court, as assigned by the Chief Justice of the Supreme Court
  186  in accordance with s. 2, Art. V of the State Constitution, meets
  187  the definition of “termination” when all nontemporary employment
  188  as a judge ceases and the justice or judge retires under this
  189  chapter.
  190         Section 4. Subsection (9) of section 121.091, Florida
  191  Statutes, is amended to read:
  192         121.091 Benefits payable under the system.—Benefits may not
  193  be paid under this section unless the member has terminated
  194  employment as provided in s. 121.021(39)(a) or begun
  195  participation in the Deferred Retirement Option Program as
  196  provided in subsection (13), and a proper application has been
  197  filed in the manner prescribed by the department. The department
  198  may cancel an application for retirement benefits when the
  199  member or beneficiary fails to timely provide the information
  200  and documents required by this chapter and the department’s
  201  rules. The department shall adopt rules establishing procedures
  202  for application for retirement benefits and for the cancellation
  203  of such application when the required information or documents
  204  are not received.
  205         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
  206         (a) Any person who is retired under this chapter, except
  207  under the disability retirement provisions of subsection (4),
  208  may be employed by an employer that does not participate in a
  209  state-administered retirement system and receive compensation
  210  from that employment without limiting or restricting in any way
  211  the retirement benefits payable to that person.
  212         (b) Any person whose retirement is effective before July 1,
  213  2010, or whose participation in the Deferred Retirement Option
  214  Program terminates before July 1, 2010, except under the
  215  disability retirement provisions of subsection (4) or as
  216  provided in s. 121.053, may be reemployed by an employer that
  217  participates in a state-administered retirement system and
  218  receive retirement benefits and compensation from that employer,
  219  except that the person may not be reemployed by an employer
  220  participating in the Florida Retirement System before meeting
  221  the definition of termination in s. 121.021 and may not receive
  222  both a salary from the employer and retirement benefits for 12
  223  calendar months immediately subsequent to the date of
  224  retirement. However, a DROP participant shall continue
  225  employment and receive a salary during the period of
  226  participation in the Deferred Retirement Option Program, as
  227  provided in subsection (13).
  228         1. A retiree who violates such reemployment limitation
  229  before completion of the 12-month limitation period must give
  230  timely notice of this fact in writing to the employer and to the
  231  Division of Retirement or the state board and shall have his or
  232  her retirement benefits suspended for the months employed or the
  233  balance of the 12-month limitation period as required in sub
  234  subparagraphs b. and c. A retiree employed in violation of this
  235  paragraph and an employer who employs or appoints such person
  236  are jointly and severally liable for reimbursement to the
  237  retirement trust fund, including the Florida Retirement System
  238  Trust Fund and the Public Employee Optional Retirement Program
  239  Trust Fund, from which the benefits were paid. The employer must
  240  have a written statement from the retiree that he or she is not
  241  retired from a state-administered retirement system. Retirement
  242  benefits shall remain suspended until repayment has been made.
  243  Benefits suspended beyond the reemployment limitation shall
  244  apply toward repayment of benefits received in violation of the
  245  reemployment limitation.
  246         a. A district school board may reemploy a retiree as a
  247  substitute or hourly teacher, education paraprofessional,
  248  transportation assistant, bus driver, or food service worker on
  249  a noncontractual basis after he or she has been retired for 1
  250  calendar month. A district school board may reemploy a retiree
  251  as instructional personnel, as defined in s. 1012.01(2)(a), on
  252  an annual contractual basis after he or she has been retired for
  253  1 calendar month. Any member who is reemployed within 1 calendar
  254  month after retirement shall void his or her application for
  255  retirement benefits. District school boards reemploying such
  256  teachers, education paraprofessionals, transportation
  257  assistants, bus drivers, or food service workers are subject to
  258  the retirement contribution required by subparagraph 2.
  259         b. A community college board of trustees may reemploy a
  260  retiree as an adjunct instructor or as a participant in a phased
  261  retirement program within the Florida Community College System,
  262  after he or she has been retired for 1 calendar month. A member
  263  who is reemployed within 1 calendar month after retirement shall
  264  void his or her application for retirement benefits. Boards of
  265  trustees reemploying such instructors are subject to the
  266  retirement contribution required in subparagraph 2. A retiree
  267  may be reemployed as an adjunct instructor for no more than 780
  268  hours during the first 12 months of retirement. A retiree
  269  reemployed for more than 780 hours during the first 12 months of
  270  retirement must give timely notice in writing to the employer
  271  and to the Division of Retirement or the state board of the date
  272  he or she will exceed the limitation. The division shall suspend
  273  his or her retirement benefits for the remainder of the 12
  274  months of retirement. Any retiree employed in violation of this
  275  sub-subparagraph and any employer who employs or appoints such
  276  person without notifying the division to suspend retirement
  277  benefits are jointly and severally liable for any benefits paid
  278  during the reemployment limitation period. The employer must
  279  have a written statement from the retiree that he or she is not
  280  retired from a state-administered retirement system. Any
  281  retirement benefits received by the retiree while reemployed in
  282  excess of 780 hours during the first 12 months of retirement
  283  must be repaid to the Florida Retirement System Trust Fund, and
  284  retirement benefits shall remain suspended until repayment is
  285  made. Benefits suspended beyond the end of the retiree’s first
  286  12 months of retirement shall apply toward repayment of benefits
  287  received in violation of the 780-hour reemployment limitation.
  288         c. The State University System may reemploy a retiree as an
  289  adjunct faculty member or as a participant in a phased
  290  retirement program within the State University System after the
  291  retiree has been retired for 1 calendar month. A member who is
  292  reemployed within 1 calendar month after retirement shall void
  293  his or her application for retirement benefits. The State
  294  University System is subject to the retired contribution
  295  required in subparagraph 2., as appropriate. A retiree may be
  296  reemployed as an adjunct faculty member or a participant in a
  297  phased retirement program for no more than 780 hours during the
  298  first 12 months of his or her retirement. A retiree reemployed
  299  for more than 780 hours during the first 12 months of retirement
  300  must give timely notice in writing to the employer and to the
  301  Division of Retirement or the state board of the date he or she
  302  will exceed the limitation. The division shall suspend his or
  303  her retirement benefits for the remainder of the 12 months. Any
  304  retiree employed in violation of this sub-subparagraph and any
  305  employer who employs or appoints such person without notifying
  306  the division to suspend retirement benefits are jointly and
  307  severally liable for any benefits paid during the reemployment
  308  limitation period. The employer must have a written statement
  309  from the retiree that he or she is not retired from a state
  310  administered retirement system. Any retirement benefits received
  311  by the retiree while reemployed in excess of 780 hours during
  312  the first 12 months of retirement must be repaid to the Florida
  313  Retirement System Trust Fund, and retirement benefits shall
  314  remain suspended until repayment is made. Benefits suspended
  315  beyond the end of the retiree’s first 12 months of retirement
  316  shall apply toward repayment of benefits received in violation
  317  of the 780-hour reemployment limitation.
  318         d. The Board of Trustees of the Florida School for the Deaf
  319  and the Blind may reemploy a retiree as a substitute teacher,
  320  substitute residential instructor, or substitute nurse on a
  321  noncontractual basis after he or she has been retired for 1
  322  calendar month. Any member who is reemployed within 1 calendar
  323  month after retirement shall void his or her application for
  324  retirement benefits. The Board of Trustees of the Florida School
  325  for the Deaf and the Blind reemploying such teachers,
  326  residential instructors, or nurses is subject to the retirement
  327  contribution required by subparagraph 2.
  328         e. A developmental research school may reemploy a retiree
  329  as a substitute or hourly teacher or an education
  330  paraprofessional as defined in s. 1012.01(2) on a noncontractual
  331  basis after he or she has been retired for 1 calendar month. A
  332  developmental research school may reemploy a retiree as
  333  instructional personnel, as defined in s. 1012.01(2)(a), on an
  334  annual contractual basis after he or she has been retired for 1
  335  calendar month after retirement. Any member who is reemployed
  336  within 1 calendar month voids his or her application for
  337  retirement benefits. A developmental research school that
  338  reemploys retired teachers and education paraprofessionals is
  339  subject to the retirement contribution required by subparagraph
  340  2.
  341         f. A charter school may reemploy a retiree as a substitute
  342  or hourly teacher on a noncontractual basis after he or she has
  343  been retired for 1 calendar month. A charter school may reemploy
  344  a retired member as instructional personnel, as defined in s.
  345  1012.01(2)(a), on an annual contractual basis after he or she
  346  has been retired for 1 calendar month after retirement. Any
  347  member who is reemployed within 1 calendar month voids his or
  348  her application for retirement benefits. A charter school that
  349  reemploys such teachers is subject to the retirement
  350  contribution required by subparagraph 2.
  351         2. The employment of a retiree or DROP participant of a
  352  state-administered retirement system does not affect the average
  353  final compensation or years of creditable service of the retiree
  354  or DROP participant. Before July 1, 1991, upon employment of any
  355  person, other than an elected officer as provided in s. 121.053,
  356  who is retired under a state-administered retirement program,
  357  the employer shall pay retirement contributions in an amount
  358  equal to the unfunded actuarial liability portion of the
  359  employer contribution which would be required for regular
  360  members of the Florida Retirement System. Effective July 1,
  361  1991, contributions shall be made as provided in s. 121.122 for
  362  retirees who have renewed membership or, as provided in
  363  subsection (13), for DROP participants.
  364         3. Any person who is holding an elective public office
  365  which is covered by the Florida Retirement System and who is
  366  concurrently employed in nonelected covered employment may elect
  367  to retire while continuing employment in the elective public
  368  office if he or she terminates his or her nonelected covered
  369  employment. Such person shall receive his or her retirement
  370  benefits in addition to the compensation of the elective office
  371  without regard to the time limitations otherwise provided in
  372  this subsection. A person who seeks to exercise the provisions
  373  of this subparagraph as they existed before May 3, 1984, may not
  374  be deemed to be retired under those provisions, unless such
  375  person is eligible to retire under this subparagraph, as amended
  376  by chapter 84-11, Laws of Florida.
  377         (c) Any person whose retirement is effective on or after
  378  July 1, 2010, or whose participation in the Deferred Retirement
  379  Option Program terminates on or after July 1, 2010, who is
  380  retired under this chapter, except under the disability
  381  retirement provisions of subsection (4) or as provided in s.
  382  121.053, may be reemployed by an employer that participates in a
  383  state-administered retirement system and receive retirement
  384  benefits and compensation from that employer. However, a person
  385  may not be reemployed by an employer participating in the
  386  Florida Retirement System before meeting the definition of
  387  termination in s. 121.021 and may not receive both a salary from
  388  the employer and retirement benefits for 6 calendar months after
  389  meeting the definition of termination, except as provided in
  390  paragraph (f). However, a DROP participant shall continue
  391  employment and receive a salary during the period of
  392  participation in the Deferred Retirement Option Program, as
  393  provided in subsection (13).
  394         1. The reemployed retiree may not renew membership in the
  395  Florida Retirement System.
  396         2. The employer shall pay retirement contributions in an
  397  amount equal to the unfunded actuarial liability portion of the
  398  employer contribution that would be required for active members
  399  of the Florida Retirement System in addition to the
  400  contributions required by s. 121.76.
  401         3. A retiree initially reemployed in violation of this
  402  paragraph and an employer that employs or appoints such person
  403  are jointly and severally liable for reimbursement of any
  404  retirement benefits paid to the retirement trust fund from which
  405  the benefits were paid, including the Florida Retirement System
  406  Trust Fund and the Public Employee Optional Retirement Program
  407  Trust Fund, as appropriate. The employer must have a written
  408  statement from the employee that he or she is not retired from a
  409  state-administered retirement system. Retirement benefits shall
  410  remain suspended until repayment is made. Benefits suspended
  411  beyond the end of the retiree’s 6-month reemployment limitation
  412  period shall apply toward the repayment of benefits received in
  413  violation of this paragraph.
  414         (d) This subsection applies to retirees, as defined in s.
  415  121.4501(2) and except as provided in paragraph (f), of the
  416  Florida Retirement System Investment Plan, subject to the
  417  following conditions:
  418         1. A retiree may not be reemployed with an employer
  419  participating in the Florida Retirement System until such person
  420  has been retired for 6 calendar months.
  421         2. A retiree employed in violation of this subsection and
  422  an employer that employs or appoints such person are jointly and
  423  severally liable for reimbursement of any benefits paid to the
  424  retirement trust fund from which the benefits were paid. The
  425  employer must have a written statement from the retiree that he
  426  or she is not retired from a state-administered retirement
  427  system.
  428         (e) The limitations of this subsection apply to
  429  reemployment in any capacity irrespective of the category of
  430  funds from which the person is compensated, except as provided
  431  in paragraph (f).
  432         (f) Effective July 1, 2012, a retired justice or retired
  433  judge who has reached his or her normal retirement age or date
  434  and consents to temporary employment as a senior judge in any
  435  court, as assigned by the Chief Justice of the Supreme Court in
  436  accordance with s. 2, Art. V of the State Constitution, is not
  437  subject to paragraph (c), paragraph (d), or paragraph (e).
  438         Section 5. Paragraph (a) of subsection (1) of section
  439  121.591, Florida Statutes, is amended to read:
  440         121.591 Payment of benefits.—Benefits may not be paid under
  441  the Florida Retirement System Investment Plan unless the member
  442  has terminated employment as provided in s. 121.021(39)(a) or is
  443  deceased and a proper application has been filed as prescribed
  444  by the state board or the department. Before termination of
  445  employment, benefits, including employee contributions, are not
  446  payable under the investment plan for employee hardships,
  447  unforeseeable emergencies, loans, medical expenses, educational
  448  expenses, purchase of a principal residence, payments necessary
  449  to prevent eviction or foreclosure on an employee’s principal
  450  residence, or any other reason prior to termination from all
  451  employment relationships with participating employers. The state
  452  board or department, as appropriate, may cancel an application
  453  for retirement benefits if the member or beneficiary fails to
  454  timely provide the information and documents required by this
  455  chapter and the rules of the state board and department. In
  456  accordance with their respective responsibilities, the state
  457  board and the department shall adopt rules establishing
  458  procedures for application for retirement benefits and for the
  459  cancellation of such application if the required information or
  460  documents are not received. The state board and the department,
  461  as appropriate, are authorized to cash out a de minimis account
  462  of a member who has been terminated from Florida Retirement
  463  System covered employment for a minimum of 6 calendar months. A
  464  de minimis account is an account containing employer and
  465  employee contributions and accumulated earnings of not more than
  466  $5,000 made under the provisions of this chapter. Such cash-out
  467  must be a complete lump-sum liquidation of the account balance,
  468  subject to the provisions of the Internal Revenue Code, or a
  469  lump-sum direct rollover distribution paid directly to the
  470  custodian of an eligible retirement plan, as defined by the
  471  Internal Revenue Code, on behalf of the member. Any nonvested
  472  accumulations and associated service credit, including amounts
  473  transferred to the suspense account of the Florida Retirement
  474  System Investment Plan Trust Fund authorized under s.
  475  121.4501(6), shall be forfeited upon payment of any vested
  476  benefit to a member or beneficiary, except for de minimis
  477  distributions or minimum required distributions as provided
  478  under this section. If any financial instrument issued for the
  479  payment of retirement benefits under this section is not
  480  presented for payment within 180 days after the last day of the
  481  month in which it was originally issued, the third-party
  482  administrator or other duly authorized agent of the state board
  483  shall cancel the instrument and credit the amount of the
  484  instrument to the suspense account of the Florida Retirement
  485  System Investment Plan Trust Fund authorized under s.
  486  121.4501(6). Any amounts transferred to the suspense account are
  487  payable upon a proper application, not to include earnings
  488  thereon, as provided in this section, within 10 years after the
  489  last day of the month in which the instrument was originally
  490  issued, after which time such amounts and any earnings
  491  attributable to employer contributions shall be forfeited. Any
  492  forfeited amounts are assets of the trust fund and are not
  493  subject to chapter 717.
  494         (1) NORMAL BENEFITS.—Under the investment plan:
  495         (a) Benefits in the form of vested accumulations as
  496  described in s. 121.4501(6) are payable under this subsection in
  497  accordance with the following terms and conditions:
  498         1.  Benefits are payable only to a member, an alternate
  499  payee of a qualified domestic relations order, or a beneficiary.
  500         2. Benefits shall be paid by the third-party administrator
  501  or designated approved providers in accordance with the law, the
  502  contracts, and any applicable board rule or policy.
  503         3.  The member must be terminated from all employment with
  504  all Florida Retirement System employers, as provided in s.
  505  121.021(39).
  506         4. Benefit payments may not be made until the member has
  507  been terminated for 3 calendar months, except that the state
  508  board may authorize by rule for the distribution of up to 10
  509  percent of the member’s account after being terminated for 1
  510  calendar month if the member has reached the normal retirement
  511  date as defined in s. 121.021. Effective July 1, 2012, a retired
  512  justice or retired judge who has consented to temporary
  513  employment as a senior judge in any court pursuant to s. 25.073
  514  may receive a regular distribution of his or her account as
  515  provided in this paragraph after providing proof of termination
  516  from his or her regularly established position.
  517         5. If a member or former member of the Florida Retirement
  518  System receives an invalid distribution, such person must either
  519  repay the full amount within 90 days after receipt of final
  520  notification by the state board or the third-party administrator
  521  that the distribution was invalid, or, in lieu of repayment, the
  522  member must terminate employment from all participating
  523  employers. If such person fails to repay the full invalid
  524  distribution within 90 days after receipt of final notification,
  525  the person may be deemed retired from the investment plan by the
  526  state board and is subject to s. 121.122. If such person is
  527  deemed retired, any joint and several liability set out in s.
  528  121.091(9)(d)2. is void, and the state board, the department, or
  529  the employing agency is not liable for gains on payroll
  530  contributions that have not been deposited to the person’s
  531  account in the investment plan, pending resolution of the
  532  invalid distribution. The member or former member who has been
  533  deemed retired or who has been determined by the state board to
  534  have taken an invalid distribution may appeal the agency
  535  decision through the complaint process as provided under s.
  536  121.4501(9)(g)3. As used in this subparagraph, the term “invalid
  537  distribution” means any distribution from an account in the
  538  investment plan which is taken in violation of this section, s.
  539  121.091(9), or s. 121.4501.
  540         Section 6. (1) Effective July 1, 2012, in order to fund the
  541  benefit changes provided in this act, the required employer
  542  contribution rates of the Florida Retirement System established
  543  in s. 121.71(4), Florida Statutes, shall be adjusted as follows:
  544         (a) Elected Officers’ Class for Justices and Judges shall
  545  be increased by 0.45 percentage points; and
  546         (b) Deferred Retirement Option Program shall be increased
  547  by 0.01 percentage points.
  548         (2) Effective July 1, 2012, in order to fund the benefit
  549  changes provided in this act, the required employer contribution
  550  rates for the unfunded actuarial liability of the Florida
  551  Retirement System established in s. 121.71(5), Florida Statutes,
  552  for the Elected Officers’ Class for Justices and Judges shall be
  553  increased by 0.91 percentage points.
  554         (3) The adjustments provided in subsections (1) and (2)
  555  shall be in addition to all other changes to such contribution
  556  rates which may be enacted into law to take effect on July 1,
  557  2012, and July 1, 2013. The Division of Statutory Revision is
  558  requested to adjust accordingly the contribution rates provided
  559  in s. 121.71, Florida Statutes.
  560         Section 7. The Legislature finds that a proper and
  561  legitimate state purpose is served when employees and retirees
  562  of the state and its political subdivisions, and the dependents,
  563  survivors, and beneficiaries of such employees and retirees, are
  564  extended the basic protections afforded by governmental
  565  retirement systems that provide fair and adequate benefits and
  566  that are managed, administered, and funded in an actuarially
  567  sound manner as required by s. 14, Article X of the State
  568  Constitution and part VII of chapter 112, Florida Statutes.
  569  Therefore, the Legislature determines and declares that this act
  570  fulfills an important state interest.
  571         Section 8. Section 1 and sections 3 through 7 of this act
  572  shall take effect only if:
  573         (1) The Legislature appropriates during the 2012
  574  Legislative Session the sum of at least $1.6 million from the
  575  General Revenue Fund on a recurring basis to the judicial branch
  576  in order to fund the increased employer contributions associated
  577  with the costs of the retirement benefits granted in this act;
  578  and
  579         (2) The State Courts Administrator certifies to the
  580  President of the Senate and the Speaker of the House of
  581  Representatives that the appropriation was made and that the
  582  appropriation was not vetoed by the Governor.
  583         Section 9. Except as otherwise expressly provided in this
  584  act and except for this section, which shall take effect upon
  585  this act becoming a law, this act shall take effect July 1,
  586  2012.