CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 2074
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Burt moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 15, line 4, through
15 page 18, line 3, delete those lines
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17 and insert:
18 Section 2. Subsections (10) and (34) of section
19 121.021, Florida Statutes, are amended to read:
20 121.021 Definitions.--The following words and phrases
21 as used in this chapter have the respective meanings set forth
22 unless a different meaning is plainly required by the context:
23 (10) "Employer" means any agency, branch, department,
24 institution, university, institution of higher education, or
25 board of the state, or any county agency, branch, department
26 board, district school board, or special district of the
27 state, or any city of the state which participates in the
28 system for the benefit of certain of its employees, or a
29 charter school or charter technical career center that
30 participates as provided in s. 121.051(2)(d).
31 (34) "Covered group" means the officers and employees
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Amendment No.
1 of an employer who become members under this chapter. "Covered
2 group" applies also when the employer is a charter technical
3 career center, charter school, special district, or city for
4 which coverage under this chapter is applied for by the
5 employer and approved for social security coverage by the
6 United States Secretary of Health and Human Services and
7 approved by the administrator for membership under this
8 chapter. Members of a firefighters' pension trust fund or a
9 municipal police officers' retirement trust fund, established
10 in accordance with chapter 175 or chapter 185, respectively,
11 shall be considered eligible for membership under this chapter
12 only after holding a referendum and by affirmative majority
13 vote electing coverage under this chapter.
14 Section 3. Paragraphs (c) and (d) of subsection (2) of
15 section 121.051, Florida Statutes, are amended to read:
16 121.051 Participation in the system.--
17 (2) OPTIONAL PARTICIPATION.--
18 (c) Employees of members of the State Community
19 College System or charter technical career centers sponsored
20 by members of the State Community College System, as
21 designated in s. 240.3031, who are members of the Regular
22 Class of the Florida Retirement System and who comply with the
23 criteria set forth in this paragraph and in s. 240.3195 may
24 elect, in lieu of participating in the Florida Retirement
25 System, to withdraw from the Florida Retirement System
26 altogether and participate in a lifetime monthly annuity
27 program, to be known as the State Community College System
28 Optional Retirement Program, which may be provided by the
29 employing agency under s. 240.3195. Pursuant thereto:
30 1. The cost to the employer for such annuity shall
31 equal the normal cost portion of the employer retirement
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Amendment No.
1 contribution which would be required if the employee were a
2 member of the Regular Class, plus the portion of the
3 contribution rate required by s. 112.363(8) that would
4 otherwise be assigned to the Retiree Health Insurance Subsidy
5 Trust Fund, and less an amount approved by the employer to
6 provide for the administration of the optional retirement
7 program. The employer providing such annuity shall contribute
8 an additional amount to the Florida Retirement System Trust
9 Fund equal to the unfunded actuarial accrued liability portion
10 of the Regular Class contribution rate.
11 2. The decision to participate in such an optional
12 retirement program shall be irrevocable for as long as the
13 employee holds a position eligible for participation. Any
14 service creditable under the Florida Retirement System shall
15 be retained after the member withdraws from the Florida
16 Retirement System; however, additional service credit in the
17 Florida Retirement System shall not be earned while a member
18 of the optional retirement program.
19 3. Participation in an optional annuity program shall
20 be limited to those employees who satisfy the following
21 eligibility criteria:
22 a. The employee must be otherwise eligible for
23 membership in the Regular Class of the Florida Retirement
24 System, as provided in s. 121.021(11) and (12).
25 b. The employee must be employed in a full-time
26 position classified in the Accounting Manual for Florida's
27 Public Community Colleges as:
28 (I) Instructional; or
29 (II) Executive Management, Instructional Management,
30 or Institutional Management, if a community college determines
31 that recruiting to fill a vacancy in the position is to be
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1 conducted in the national or regional market, and:
2 (A) The duties and responsibilities of the position
3 include either the formulation, interpretation, or
4 implementation of policies; or
5 (B) The duties and responsibilities of the position
6 include the performance of functions that are unique or
7 specialized within higher education and that frequently
8 involve the support of the mission of the community college.
9 c. The employee must be employed in a position not
10 included in the Senior Management Service Class of the Florida
11 Retirement System, as described in s. 121.055.
12 4. Participants in the program are subject to the same
13 reemployment limitations, renewed membership provisions, and
14 forfeiture provisions as are applicable to regular members of
15 the Florida Retirement System under ss. 121.091(9), 121.122,
16 and 121.091(5), respectively.
17 5. Eligible community college employees shall be
18 compulsory members of the Florida Retirement System until,
19 pursuant to the procedures set forth in s. 240.3195, the first
20 day of the next full calendar month following the filing of
21 both a written election to withdraw and a completed
22 application for an individual contract or certificate with the
23 program administrator and receipt of such election by the
24 division.
25 (d) The governing body of a charter school or a
26 charter technical career center may elect to participate in
27 the system upon proper application to the administrator and
28 shall cover its units as approved by the Secretary of Health
29 and Human Services and the administrator. Once this election
30 is made and approved, it may not be revoked, and all present
31 officers and employees selecting coverage under this chapter
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1 and all future officers and employees shall be compulsory
2 members of the Florida Retirement System.
3 Section 4. Section 121.1122, Florida Statutes, is
4 amended to read:
5 121.1122 Purchase of retirement credit for in-state
6 public service and in-state service in accredited nonpublic,
7 nonsectarian schools and colleges, including charter schools
8 and charter technical career centers.--Effective January 1,
9 1998, a member of the Florida Retirement System may purchase
10 creditable service for periods of certain public or nonpublic,
11 nonsectarian employment performed in this state, as provided
12 in this section.
13 (1) PURCHASE OF RETIREMENT CREDIT AUTHORIZED.--Subject
14 to the provisions of subsections (2) and (3), a member of the
15 Florida Retirement System may purchase up to 5 years of
16 retirement credit for:
17 (a) Periods of public employment in this state; or
18 (b) Periods of employment in charter schools or
19 charter technical career centers or in any nonpublic,
20 nonsectarian school or college in this state that is
21 accredited by the Southern Association of Colleges and
22 Schools.
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24 Credit for 1 year of such service may be purchased for each
25 year of creditable service a member completes under the
26 Florida Retirement System.
27 (2) LIMITATIONS AND CONDITIONS.--
28 (a) A member is not eligible to receive credit for
29 in-state service under this section until he or she has
30 completed 10 years of creditable service under the Florida
31 Retirement System, excluding service purchased under this
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1 section and out-of-state service claimed and purchased under
2 s. 121.1115.
3 (b) A member may not purchase and receive credit for
4 more than 5 years of creditable service aggregated under the
5 provisions of this section and s. 121.1115.
6 (c) Service credit claimed under this section shall be
7 credited only as service in the Regular Class of membership
8 and shall be subject to the provisions of s. 112.65.
9 (d) A member shall be eligible to receive service
10 credit for in-state service performed after leaving the
11 Florida Retirement System only upon returning to membership
12 and completing at least 1 year of creditable service in the
13 Florida Retirement System following the in-state service.
14 (e) The service claimed must have been service covered
15 by a retirement or pension plan provided by the employer.
16 (3) COST.--The cost to purchase retirement credit
17 under this section shall be calculated in the same manner as
18 set forth in s. 121.1115(2) for purchase of credit for
19 out-of-state service.
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23 And the title is amended as follows:
24 On page 1, lines 18 through 24, delete those lines
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26 and insert:
27 amending s. 121.021, F.S.; redefining the terms
28 "covered group" and "employer" with respect to
29 the Florida Retirement System to include
30 charter technical career centers; amending s.
31 121.051, F.S.; providing for optional
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Amendment No.
1 participation in the Florida Retirement System
2 by employees of charter technical career
3 centers; amending s. 121.1122, F.S.; including
4 charter technical career centers with a group
5 for the purchase of certain retirement credit;
6 amending s.
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