CODING: Words stricken are deletions; words underlined are additions.

House Bill 1045

Florida House of Representatives - 1997 HB 1045 By Representatives Ziebarth and Casey 1 A bill to be entitled 2 An act relating to the Florida Retirement 3 System; amending s. 121.052, F.S.; clarifying 4 the benefit payment and calculation procedure 5 under the system; providing for dual 6 calculation of benefits with respect to members 7 of the Elected State and County Officers' Class 8 who initially become members of that class on 9 or after a specific date; providing for matters 10 relative thereto; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraph (a) of subsection (12) of section 15 121.052, Florida Statutes, 1996 Supplement, is amended to 16 read: 17 121.052 Membership class of elected state and county 18 officers.-- 19 (12) BENEFITS.-- 20 (a) Upon attaining his or her normal retirement date, 21 a member of the Elected State and County Officers' Class 22 shall, upon application to the administrator, receive a 23 monthly benefit that which shall begin to accrue commence on 24 the first last day of the month of retirement and be payable 25 on the last day of that month and each month thereafter during 26 his or her lifetime. The amount of such monthly benefit shall 27 be calculated by multiplying years of creditable service by 28 the applicable accrual rate to determine the total percentage 29 of accrued service value which shall then be received by the 30 member multiplied by the his or her average monthly 31 compensation. Creditable service under this subsection 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1045 559-138-97 1 includes The total percentage of accrued value received by a 2 member shall be the sum of the retirement credit earned or 3 purchased as a member of the Elected State and County 4 Officers' Class, and any other retirement credit earned or 5 purchased as a member of an existing system or another class 6 of the Florida Retirement System, together with any additional 7 retirement credit the member he or she has acquired for 8 upgraded service within the purview of the class, wartime 9 military service, or past or prior service. However, in no 10 event shall the member's annual benefit may not exceed the 11 member's average final compensation. 12 1. Except as provided in subparagraph 2., such 13 member's benefit shall be based on all creditable service and 14 the average final compensation attributable to that service. 15 2. The retirement benefit of a member of the Elected 16 State and County Officers' Class whose initial date of 17 membership in such class is on or after January 1, 1998, and 18 who subsequently earns creditable service in any other class 19 in the Florida Retirement System must be calculated as 20 follows: 21 a. That portion of the member's benefit derived from 22 service in elective office must be calculated separately, 23 based only on the service and average final compensation 24 attributable to that service in elective office; and 25 b. That portion of the member's benefit derived from 26 all other creditable service in the Florida Retirement System 27 or an existing system, regardless of when the service 28 occurred, must be calculated separately, based on the service 29 and average final compensation attributable to that service. 30 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1045 559-138-97 1 Benefit amounts calculated under sub-subparagraphs a. and b. 2 must be combined and paid as one benefit. Such member must 3 satisfy the requirements for vesting and normal retirement age 4 based on the member's total creditable service as provided in 5 subsection (8) and s. 121.021(29). If less than 5 years of 6 creditable service has been completed for either portion of 7 the benefit, the average final compensation for that portion 8 of the benefit must be the average of the total years of 9 compensation for that service. 10 Section 2. This act shall take effect July 1, 1997. 11 12 ***************************************** 13 SENATE SUMMARY 14 Clarifies the benefit payment and calculation procedure under the Florida Retirement System. 15 16 Provides for the retirement benefit of a member of the Elected State and County Officers' Class of the Florida 17 Retirement System who becomes a member of that class after January 1, 1998, for service earned in that class, 18 to be calculated separately from the benefit attributable to subsequent service earned under the Florida Retirement 19 System in another class. The separate amounts, however, will be combined and paid as a single benefit. 20 21 22 23 24 25 26 27 28 29 30 31 3