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



                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                 .
                                   .
  2                                 .
                                   .
  3                                 .
                                   .
  4                                                                

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10                                                                

11  Representative(s) Crady offered the following:

12

13         Amendment (with title amendment) 

14         On page ....33...., between line(s) ...21 and

15  22......., of the bill

16

17  insert:

18         Section 18.  Effective July 1, 1998, subsection (39) of

19  section 121.021, Florida Statutes, 1996 Supplement, is

20  amended, and subsection (43) is added to said section, to

21  read:

22         121.021  Definitions.--The following words and phrases

23  as used in this chapter have the respective meanings set forth

24  unless a different meaning is plainly required by the context:

25         (39)(a)  "Termination" occurs, except as provided in

26  paragraph (b), when a member ceases all employment

27  relationships with employers under this system, as defined in

28  subsection (10), but in the event a member should be employed

29  by any such employer within the next calendar month,

30  termination shall be deemed not to have occurred. A leave of

31  absence shall constitute a continuation of the employment

                                  1

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  relationship, except that a leave of absence without pay due

  2  to disability may constitute termination for a member, if such

  3  member makes application for and is approved for disability

  4  retirement in accordance with s. 121.091(4).  The division may

  5  require other evidence of termination as it deems necessary.

  6         (b)  "Termination" for a member electing to participate

  7  under the Deferred Retirement Option Program occurs when the

  8  Deferred Retirement Option Program participant ceases all

  9  employment relationships with employers under this system in

10  accordance with s. 121.091(13), but in the event the Deferred

11  Retirement Option Program participant should be employed by

12  any such employer within the next calendar month, termination

13  will be deemed not to have occurred, except as provided in s.

14  121.091(13)(b)5.b. A leave of absence shall constitute a

15  continuation of the employment relationship.

16         (43)  "DROP participant" means any member who elects to

17  retire and participate in the Deferred Retirement Option

18  Program as provided in s. 121.091(13).

19         Section 19.  Effective July 1, 1998, section 121.091,

20  Florida Statutes, 1996 Supplement, is amended to read:

21         121.091  Benefits payable under the system.--No

22  benefits shall be paid under this section unless the member

23  has terminated employment as provided in s. 121.021(39)(a) or

24  begun participation in the Deferred Retirement Option Program

25  as provided in subsection (13), and a proper application has

26  been filed in the manner prescribed by the division.

27         (1)  NORMAL RETIREMENT BENEFIT.--Upon attaining his or

28  her normal retirement date, the member, upon application to

29  the administrator, shall receive a monthly benefit which shall

30  begin to accrue on the first day of the month of retirement

31  and be payable on the last day of that month and each month

                                  2

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  thereafter during his or her lifetime.  The amount of monthly

  2  benefit shall be determined as the product of A and B, subject

  3  to the adjustment of C, if applicable, when:

  4         (a)  A is 1.60 percent of the member's average monthly

  5  compensation, up to normal retirement age. The first year

  6  after normal retirement age, A is 1.63 percent of the member's

  7  average monthly compensation.  The second year after normal

  8  retirement age, A is 1.65 percent of the member's average

  9  monthly compensation.  The third year after normal retirement

10  age, A is 1.68 percent of the member's average monthly

11  compensation.  A shall not exceed 1.68 percent of the member's

12  average monthly compensation, except that, for all creditable

13  years of special risk service, A is:

14         1.  Two percent of the member's average monthly

15  compensation for all creditable years prior to October 1,

16  1974;

17         2.  Three percent of the member's average monthly

18  compensation for all creditable years after September 30,

19  1974, and before October 1, 1978;

20         3.  Two percent of the member's average monthly

21  compensation for all creditable years after September 30,

22  1978, and before January 1, 1989;

23         4.  Two and two-tenths percent of the member's average

24  monthly compensation for all creditable years after December

25  31, 1988, and before January 1, 1990;

26         5.  Two and four-tenths percent of the member's average

27  monthly compensation for all creditable years after December

28  31, 1989, and before January 1, 1991;

29         6.  Two and six-tenths percent of the member's average

30  monthly compensation for all creditable years after December

31  31, 1990, and before January 1, 1992;

                                  3

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1         7.  Two and eight-tenths percent of the member's

  2  average monthly compensation for all creditable years after

  3  December 31, 1991, and before January 1, 1993; and

  4         8.  Three percent of the member's average monthly

  5  compensation for all creditable years after December 31, 1992;

  6

  7  however, the normal retirement benefit, including any past or

  8  additional retirement credit, may not exceed 100 percent of

  9  the average final compensation;

10         (b)  B is the number of the member's years and any

11  fractional part of a year of creditable service earned

12  subsequent to November 30, 1970; and

13         (c)  C is the normal retirement benefit credit brought

14  forward as of November 30, 1970, by a former member of an

15  existing system.  Such normal retirement benefit credit shall

16  be determined as the product of A and B when A is the

17  percentage of average final compensation which the member

18  would have been eligible to receive if the member had attained

19  his or her normal retirement date as of November 30, 1970, all

20  in accordance with the existing system under which the member

21  is covered on November 30, 1970, and B is average monthly

22  compensation as defined in s. 121.021(25).  However, any

23  member of an existing retirement system who is eligible to

24  retire and who does retire, become disabled, or die prior to

25  April 15, 1971, may have his or her retirement benefits

26  calculated on the basis of the best 5 of the last 10 years of

27  service.

28         (2)  BENEFITS PAYABLE FOR DUAL NORMAL RETIREMENT

29  AGES.--In the event a member accumulates retirement benefits

30  to commence at different normal retirement ages by virtue of

31  having performed duties for an employer which would entitle

                                  4

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  him or her to benefits as both a regular member and special

  2  risk member, the amount of benefits payable shall be computed

  3  separately with respect to each such age and the sum of such

  4  computed amounts shall be paid as provided in this section.

  5         (3)  EARLY RETIREMENT BENEFIT.--Upon retirement on his

  6  or her early retirement date, the member shall receive an

  7  immediate monthly benefit which shall begin to accrue on the

  8  first day of the month of the retirement date and be payable

  9  on the last day of that month and each month thereafter during

10  his or her lifetime.  The amount of each monthly payment shall

11  be computed in the same manner as for a normal retirement

12  benefit, in accordance with subsection (1), but based on

13  average monthly compensation and creditable service as of the

14  member's early retirement date.  The benefit so computed shall

15  be reduced by five-twelfths of 1 percent for each complete

16  month by which the early retirement precedes the normal

17  retirement date of age 62 for a regular member or a member of

18  the Elected State and County Officers' Class, and age 55 for a

19  special risk member or age 52 if a special risk member has

20  completed 25 years of creditable service in accordance with s.

21  121.021(29)(c)3. However, if the employment of a member is

22  terminated by reason of death subsequent to the completion of

23  20 years of creditable service, the monthly benefit payable to

24  the member's beneficiary shall be calculated in accordance

25  with subsection (1), but based on average monthly compensation

26  and creditable service as of the date of death.  The benefit

27  so computed shall be reduced by five-twelfths of 1 percent for

28  each complete month by which death precedes the normal

29  retirement date specified above or the date on which the

30  member would have attained 30 years of creditable service had

31  he or she survived and continued his or her employment,

                                  5

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  whichever provides a higher benefit.

  2         (4)  DISABILITY RETIREMENT BENEFIT.--

  3         (a)  Disability retirement date.--A member who becomes

  4  totally and permanently disabled, as defined in paragraph (b),

  5  after completing 5 years of creditable service, or a member

  6  who becomes totally and permanently disabled in the line of

  7  duty regardless of service, shall be entitled to a monthly

  8  disability benefit; except that any member with less than 5

  9  years of creditable service on July 1, 1980, or any person who

10  becomes a member of the Florida Retirement System on or after

11  such date must have completed 10 years of creditable service

12  prior to becoming totally and permanently disabled in order to

13  receive disability retirement benefits for any disability

14  which occurs other than in the line of duty.  But in the event

15  that any member employed on July 1, 1980, with less than 5

16  years of creditable service as of that date, becomes totally

17  and permanently disabled after completing 5 years of

18  creditable service and is found not to have attained fully

19  insured status for benefits under the federal Social Security

20  Act, such member shall be entitled to a monthly disability

21  benefit.  The disability retirement date shall be the first

22  day of the month which coincides with or next follows the date

23  the administrator approves payment of disability retirement

24  benefits to the member.

25         (b)  Total and permanent disability.--A member shall be

26  considered totally and permanently disabled if, in the opinion

27  of the administrator, he or she is prevented, by reason of a

28  medically determinable physical or mental impairment, from

29  rendering useful and efficient service as an officer or

30  employee.

31         (c)  Proof of disability.--The administrator, before

                                  6

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  approving payment of any disability retirement benefit, shall

  2  require proof that the member is totally and permanently

  3  disabled as provided herein, which proof shall include the

  4  certification of the member's total and permanent disability

  5  by two licensed physicians of the state and such other

  6  evidence of disability as the administrator may require,

  7  including reports from vocational rehabilitation, evaluation,

  8  or testing specialists who have evaluated the applicant for

  9  employment.

10         (d)  Disability retirement benefit.--Upon the

11  retirement of a member on his or her disability retirement

12  date, the member shall receive a monthly benefit which shall

13  begin to accrue on the first day of the month of disability

14  retirement and shall be payable on the last day of that month

15  and each month thereafter during his or her lifetime and

16  continued disability. The amount of each monthly payment shall

17  be computed in the same manner as for a normal retirement

18  benefit, in accordance with subsection (1), but based on

19  disability option actuarial equivalency tables and the average

20  monthly compensation and creditable service of the member as

21  of the disability retirement date, subject to the following

22  conditions:

23         1.  If the member's disability occurred in the line of

24  duty, the monthly Option 1 benefit shall not be less than 42

25  percent of average monthly compensation as of the disability

26  retirement date; or

27         2.  If the member's disability occurred other than in

28  the line of duty, the monthly Option 1 benefit shall not be

29  less than 25 percent of average monthly compensation as of the

30  disability retirement date.

31         (e)  Recovery from disability.--The administrator may

                                  7

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  require periodic reexaminations at the expense of the

  2  retirement fund, and:

  3         1.  If the administrator finds that a member who is

  4  receiving disability benefits is, at any time prior to his or

  5  her normal retirement date, no longer disabled, the

  6  administrator shall direct that the benefits be discontinued.

  7  The decision of the administrator on this question shall be

  8  final and binding.

  9         2.  If the member, described in subparagraph 1., who

10  recovers from such disability prior to the normal retirement

11  date does not reenter the employ of an employer and had not

12  completed 10 years of creditable service as of the disability

13  retirement date, he or she shall be entitled to the excess, if

14  any, of his or her accumulated contributions over the total

15  disability benefits received up to the date of recovery.

16         3.  If the member, described in subparagraph 1., who

17  recovers from such disability prior to the normal retirement

18  date does not reenter the employ of an employer but had

19  completed 10 or more years of creditable service as of the

20  disability retirement date, he or she may elect to receive:

21         a.  The excess, if any, of his or her accumulated

22  contributions over the total disability benefits received up

23  to the date of recovery, or

24         b.  A deferred benefit commencing on the last day of

25  the month of the normal retirement date which shall be payable

26  on the last day of the month thereafter during his or her

27  lifetime.  The amount of such monthly benefit shall be

28  computed in the same manner as for a normal retirement

29  benefit, in accordance with subsection (1), but based on

30  average monthly compensation and creditable service as of the

31  member's disability retirement date.

                                  8

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1         4.  If the member recovers from disability and reenters

  2  employment of an employer within 6 months after recovery, the

  3  member's service will be deemed to have been continuous, but

  4  the period beginning with the first month for which he or she

  5  received a disability benefit payment and ending with the date

  6  he or she reentered employment will not be considered as

  7  creditable service for the purpose of computing benefits

  8  except as provided in subparagraph 5.  The term "accumulated

  9  contributions" for such member wherever used in this section

10  after such recovery means the excess of a member's accumulated

11  contributions as of the disability retirement date over total

12  disability benefits received under paragraph (d).

13         5.  If the member recovers from disability, has his or

14  her disability benefit terminated, reenters covered

15  employment, and is continuously employed for a minimum of 1

16  year of creditable service, he or she may claim as creditable

17  service the months during which he or she was receiving a

18  disability benefit, upon payment of the required

19  contributions.  Contributions shall equal the total required

20  employee and employer contribution rate during the period the

21  retiree received retirement benefits, multiplied times his or

22  her rate of monthly compensation prior to the commencement of

23  disability retirement for each month of the period claimed,

24  plus 4 percent interest until July 1, 1975, and 6.5 percent

25  interest thereafter on such contributions, compounded annually

26  each June 30 to the date of payment.  If the member does not

27  claim credit for all of the months he or she received

28  disability benefits, the months claimed must be the most

29  recent months of retirement.

30         6.  If after recovery of disability and reentry into

31  covered employment, the member again becomes disabled and is

                                  9

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  again approved for disability retirement, the Option 1 monthly

  2  retirement benefit shall not be less than the Option 1 monthly

  3  benefit calculated at the time of the previous disability,

  4  plus any cost of living increases up to the time the

  5  disability benefit was terminated upon his or her reentry into

  6  covered employment.

  7         (f)  Nonadmissible causes of disability.--A member

  8  shall not be entitled to receive any disability retirement

  9  benefit if the disability is a result of any of the following:

10         1.  Injury or disease sustained by the member while

11  willfully participating in a riot, civil insurrection, or

12  other act of violence or while committing a felony;

13         2.  Injury or disease sustained by the member after his

14  or her employment has terminated; or

15         3.  Intentional, self-inflicted injury.

16         (g)  Disability retirement of justice or judge by order

17  of Supreme Court.--

18         1.  If a member is a justice of the Supreme Court,

19  judge of a district court of appeal, circuit judge, or judge

20  of a county court who has served for 10 years or more as an

21  elected constitutional judicial officer, including service as

22  a judicial officer in any court abolished pursuant to Art. V

23  of the State Constitution, and who is retired for disability

24  by order of the Supreme Court upon recommendation of the

25  Judicial Qualifications Commission pursuant to the provisions

26  of Art. V of the State Constitution, the member's Option 1

27  monthly benefit as provided in subparagraph (6)(a)1. shall not

28  be less than two-thirds of his or her monthly compensation as

29  of the member's disability retirement date.  Such a member may

30  alternatively elect to receive a disability retirement benefit

31  under any other option as provided in paragraph (6)(a).

                                  10

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1         2.  Should any justice or judge who is a member of the

  2  Florida Retirement System be retired for disability by order

  3  of the Supreme Court upon recommendation of the Judicial

  4  Qualifications Commission pursuant to the provisions of Art. V

  5  of the State Constitution, then all contributions to his or

  6  her account and all contributions made on his or her behalf by

  7  the employer shall be transferred to and deposited in the

  8  General Revenue Fund of the state, and there is hereby

  9  appropriated annually out of the General Revenue Fund, to be

10  paid into the Florida Retirement System Fund, an amount

11  necessary to pay the benefits of all justices and judges

12  retired from the Florida Retirement System pursuant to Art. V

13  of the State Constitution.

14         (5)  TERMINATION BENEFITS.--

15         (a)  A member whose employment is terminated for any

16  reason other than death or retirement prior to the completion

17  of 10 years of creditable service shall be entitled to the

18  return of his or her accumulated contributions as of the date

19  of termination.

20         (b)  A member whose employment is terminated for any

21  reason other than death or retirement after the completion of

22  10 years of creditable service may elect to receive a deferred

23  monthly benefit which shall begin to accrue on the first day

24  of the month of normal or early retirement and shall be

25  payable on the last day of that month and each month

26  thereafter during his or her lifetime.  The amount of monthly

27  benefit shall be computed in the same manner as for a normal

28  retirement benefit in accordance with subsection (1) or early

29  retirement benefit in accordance with s. 121.021(30), but

30  based on average monthly compensation and creditable service

31  as of the date of termination.

                                  11

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1         (c)  In lieu of the deferred monthly benefit provided

  2  in paragraph (b), the terminated member may elect to receive a

  3  lump-sum amount equal to his or her accumulated contributions

  4  as of the date of termination.

  5         (d)  If any retired member dies without having received

  6  in benefit payments an amount equal to his or her accumulated

  7  contributions, there shall be payable to his or her designated

  8  beneficiary an amount equal to the excess, if any, of the

  9  member's accumulated contributions over the total monthly

10  payments made to the member prior to the date of death.

11         (e)  A member shall be deemed a terminated member when

12  termination of employment has occurred as provided in s.

13  121.021(39).

14         (f)  Any member who has been found guilty by a verdict

15  of a jury, or by the court trying the case without a jury, of

16  committing, aiding, or abetting any embezzlement or theft from

17  his or her employer, bribery in connection with the

18  employment, or other felony specified in chapter 838, except

19  ss. 838.15 and 838.16, committed prior to retirement, or who

20  has entered a plea of guilty or of nolo contendere to such

21  crime, or any member whose employment is terminated by reason

22  of the member's admitted commitment, aiding, or abetting of an

23  embezzlement or theft from his or her employer, bribery, or

24  other felony specified in chapter 838, except ss. 838.15 and

25  838.16, shall forfeit all rights and benefits under this

26  chapter, except the return of his or her accumulated

27  contributions as of the date of termination.

28         (g)  Any elected official who is convicted by the

29  Senate of an impeachable offense shall forfeit all rights and

30  benefits under this chapter, except the return of his or her

31  accumulated contributions as of the date of the conviction.

                                  12

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1         (h)  Any member who, prior to retirement, is adjudged

  2  by a court of competent jurisdiction to have violated any

  3  state law against strikes by public employees, or who has been

  4  found guilty by such court of violating any state law

  5  prohibiting strikes by public employees, shall forfeit all

  6  rights and benefits under this chapter, except the return of

  7  his or her accumulated contributions as of the date of the

  8  conviction.

  9         (6)  OPTIONAL FORMS OF RETIREMENT BENEFITS AND

10  DISABILITY RETIREMENT BENEFITS.--

11         (a)  Prior to the receipt of the first monthly

12  retirement payment, a member shall elect to receive the

13  retirement benefits to which he or she is entitled under

14  subsection (1), subsection (2), subsection (3), or subsection

15  (4) in accordance with one of the following options:

16         1.  The maximum retirement benefit payable to the

17  member during his or her lifetime.

18         2.  A decreased retirement benefit payable to the

19  member during his or her lifetime and, in the event of his or

20  her death within a period of 10 years after retirement, the

21  same monthly amount payable for the balance of such 10-year

22  period to his or her beneficiary or, in case the beneficiary

23  is deceased, in accordance with subsection (8) as though no

24  beneficiary had been named.

25         3.  A decreased retirement benefit payable during the

26  joint lifetime of both the member and his or her joint

27  annuitant and which, after the death of either, shall continue

28  during the lifetime of the survivor in the same amount,

29  subject to the provisions of subsection (12).

30         4.  A decreased retirement benefit payable during the

31  joint lifetime of the member and his or her joint annuitant

                                  13

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  and which, after the death of either, shall continue during

  2  the lifetime of the survivor in an amount equal to 66 2/3

  3  percent of the amount that was payable during the joint

  4  lifetime of the member and his or her joint annuitant, subject

  5  to the provisions of subsection (12).

  6

  7  The spouse of any member who elects to receive the benefit

  8  provided under subparagraph 1. or subparagraph 2. shall be

  9  notified of and shall acknowledge any such election.

10         (b)  The benefit payable under any option stated above

11  shall be the actuarial equivalent, based on tables adopted by

12  the administrator for this purpose, of the amount to which the

13  member was otherwise entitled.

14         (c)  A member who elects the option in subparagraph

15  (a)2. shall, in accordance with subsection (8), designate one

16  or more persons to receive the benefits payable in the event

17  of his or her death. Such persons shall be the beneficiaries

18  of the member.  The member may also designate one or more

19  contingent beneficiaries to receive any benefits remaining

20  upon the death of the primary beneficiary.

21         (d)  A member who elects the option in subparagraph

22  (a)3. or subparagraph (a)4. shall, on a form provided for that

23  purpose, designate a joint annuitant to receive the benefits

24  which continue to be payable upon the death of the member.

25  After benefits have commenced under the option in subparagraph

26  (a)3. or subparagraph (a)4., a retired member may change his

27  or her designation of a joint annuitant only twice.  If such a

28  retired member desires to change his or her designation of a

29  joint annuitant, he or she shall file with the division a

30  notarized "change of joint annuitant" form and shall notify

31  the former joint annuitant in writing of such change.  Upon

                                  14

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  receipt of a completed change of joint annuitant form, the

  2  division shall adjust the member's monthly benefit by the

  3  application of actuarial tables and calculations developed to

  4  ensure that the benefit paid is the actuarial equivalent of

  5  the present value of the member's current benefit.  The

  6  consent of a retired member's first designated joint annuitant

  7  to any such change shall not be required.

  8         (e)  The election of an option shall be null and void

  9  if the member dies before the effective date of retirement.

10         (f)  A member who elects to receive benefits under the

11  option in subparagraph (a)3. may designate one or more

12  qualified persons, either a spouse or other dependent, as his

13  or her joint annuitant to receive the benefits after the

14  member's death in whatever proportion he or she so assigns to

15  each person named as joint annuitant. The division shall adopt

16  appropriate actuarial tables and calculations necessary to

17  ensure that the benefit paid is the actuarial equivalent of

18  the benefit to which the member is otherwise entitled under

19  the option in subparagraph (a)1.

20         (g)  Upon the death of a retired member or beneficiary

21  receiving monthly benefits under this chapter, the monthly

22  benefits shall be paid through the last day of the month of

23  death and shall terminate, or be adjusted, if applicable, as

24  of that date in accordance with the optional form of benefit

25  selected at the time of retirement.

26         (h)  The option selected or determined for payment of

27  benefits as provided in this section shall be final and

28  irrevocable at the time a benefit payment is cashed or

29  deposited or credited to the Deferred Retirement Option

30  Program as provided in subsection (13).

31         (7)  DEATH BENEFITS.--

                                  15

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1         (a)  If the employment of a member is terminated by

  2  reason of his or her death prior to the completion of 10 years

  3  of creditable service, there shall be payable to his or her

  4  designated beneficiary the member's accumulated contributions.

  5         (b)  If the employment of an active member who may or

  6  may not have applied for retirement is terminated by reason of

  7  his or her death subsequent to the completion of 10 years of

  8  creditable service and prior to his or her effective date of

  9  retirement, if established, it shall be assumed that the

10  member retired as of the date of death in accordance with

11  subsection (1) if eligible for normal retirement benefits,

12  subsection (2) if eligible for benefits payable for dual

13  normal retirement, or subsection (3) if eligible for early

14  retirement benefits.  Benefits payable to the designated

15  beneficiary shall be as follows:

16         1.  For a beneficiary who qualifies as a joint

17  annuitant, the optional form of payment provided in accordance

18  with subparagraph (6)(a)3. shall be paid for the joint

19  annuitant's lifetime.

20         2.  For a beneficiary who does not qualify as a joint

21  annuitant, no continuing monthly benefit shall be paid and the

22  beneficiary shall be entitled only to the return of the

23  member's personal contributions.

24         (c)  If a retiring member dies on or after the

25  effective date of retirement, but prior to a benefit payment

26  being cashed or deposited or credited to the Deferred

27  Retirement Option Program, benefits shall be paid as follows:

28         1.  For a designated beneficiary who qualifies as a

29  joint annuitant, benefits shall be paid in the optional form

30  of payment provided in subparagraph (6)(a)3. for the joint

31  annuitant's lifetime or, if the member chose the optional form

                                  16

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  of payment provided in subparagraph (6)(a)2., the joint

  2  annuitant may select the form provided in either subparagraph

  3  (6)(a)2. or subparagraph (6)(a)3.

  4         2.  For a designated beneficiary who does not qualify

  5  as a joint annuitant, any benefits payable shall be paid as

  6  provided in the option selected by the member; or if the

  7  member has not selected an option, benefits shall be paid in

  8  the optional form of payment provided in subparagraph (6)(a)1.

  9         (d)1.  Notwithstanding any other provision in this

10  chapter to the contrary, with the exception of the Deferred

11  Retirement Option Program as provided in subsection (13):

12         1.  The surviving spouse of any member killed in the

13  line of duty may receive a monthly pension equal to one-half

14  of the monthly salary being received by the member at the time

15  of death for the rest of the surviving spouse's lifetime.

16  Benefits provided by this paragraph shall supersede any other

17  distribution that may have been provided by the member's

18  designation of beneficiary.

19         2.  If the surviving spouse of a member killed in the

20  line of duty dies, the monthly payments which would have been

21  payable to such surviving spouse had such surviving spouse

22  lived shall be paid for the use and benefit of such member's

23  child or children under 18 years of age and unmarried until

24  the 18th birthday of the member's youngest child.

25         3.  If a member killed in the line of duty leaves no

26  surviving spouse but is survived by a child or children under

27  18 years of age, the benefits provided by subparagraph 1.,

28  normally payable to a surviving spouse, shall be paid for the

29  use and benefit of such member's child or children under 18

30  years of age and unmarried until the 18th birthday of the

31  member's youngest child.

                                  17

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1         4.  The surviving spouse of a member whose benefit

  2  terminated because of remarriage shall have the benefit

  3  reinstated beginning July 1, 1993, at an amount that would

  4  have been payable had the benefit not been terminated.

  5         (e)  The surviving spouse or other dependent of any

  6  member, except a member who participated in the Deferred

  7  Retirement Option Program, whose employment is terminated by

  8  death shall, upon application to the administrator, be

  9  permitted to pay the required contributions for any service

10  performed by the member which could have been claimed by the

11  member at the time of his or her death.  Such service shall be

12  added to the creditable service of the member and shall be

13  used in the calculation of any benefits which may be payable

14  to the surviving spouse or other surviving dependent.

15         (f)  Notwithstanding any other provisions in this

16  chapter to the contrary, if any member who has accumulated at

17  least 10 years of creditable service dies and the surviving

18  spouse receives a refund of the accumulated contributions made

19  to the retirement trust fund, such spouse may pay to the

20  Division of Retirement an amount equal to the sum of the

21  amount of the deceased member's accumulated contributions

22  previously refunded plus interest at 4 percent compounded

23  annually each June 30 from the date of refund until July 1,

24  1975, and 6.5 percent interest compounded annually thereafter,

25  until full payment is made, and receive the monthly retirement

26  benefit as provided in paragraph (b).

27         (g)  The designated beneficiary who is the surviving

28  spouse or other dependent of a member whose employment is

29  terminated by death subsequent to the completion of 10 years

30  of creditable service but prior to actual retirement may elect

31  to receive a deferred monthly benefit as if the member had

                                  18

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  lived and had elected a deferred monthly benefit, as provided

  2  in paragraph (5)(b), calculated on the basis of the average

  3  final compensation and creditable service of the member at his

  4  or her death and the age the member would have attained on the

  5  commencement date of the deferred benefit elected by the

  6  beneficiary, paid in accordance with option 3 of paragraph

  7  (6)(a).

  8         (8)  DESIGNATION OF BENEFICIARIES.--Each member may, on

  9  a form provided for that purpose, signed and filed with the

10  division, designate a choice of one or more persons, named

11  sequentially or jointly, as his or her beneficiary who shall

12  receive the benefits, if any, which may be payable in the

13  event of the member's death pursuant to the provisions of this

14  chapter. If no beneficiary is named in the manner provided

15  above, or if no beneficiary designated by the member survives

16  the member, the beneficiary shall be the spouse of the

17  deceased, if living. If the member's spouse is not alive at

18  his or her death, the beneficiary shall be the living children

19  of the member.  If no children survive, the beneficiary shall

20  be the member's father or mother, if living; otherwise, the

21  beneficiary shall be the member's estate.  The beneficiary

22  most recently designated by a member on a form or letter filed

23  with the division shall be the beneficiary entitled to any

24  benefits payable at the time of the member's death, except

25  benefits shall be paid as provided in paragraph (7)(d) when

26  death occurs in the line of duty.

27         (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--

28         (a)  Any person who is retired under this chapter,

29  except under the disability retirement provisions of

30  subsection (4), may be employed by an employer that does not

31  participate in a state-administered retirement system and may

                                  19

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  receive compensation from that employment without limiting or

  2  restricting in any way the retirement benefits payable to that

  3  person.

  4         (b)1.  Any person who is retired under this chapter,

  5  except under the disability retirement provisions of

  6  subsection (4), may be reemployed by any private or public

  7  employer after retirement and receive retirement benefits and

  8  compensation from his or her employer without any limitations,

  9  except that a person may not receive both a salary from

10  reemployment with any agency participating in the Florida

11  Retirement System and retirement benefits under this chapter

12  for a period of 12 months immediately subsequent to the date

13  of retirement. However, a DROP participant shall continue

14  employment and receive a salary during the period of

15  participation in the Deferred Retirement Option Program, as

16  provided in subsection (13).

17         2.  Any person to whom the limitation in subparagraph

18  1. applies who violates such reemployment limitation and who

19  is reemployed with any agency participating in the Florida

20  Retirement System before completion of the 12-month limitation

21  period shall give timely notice of this fact in writing to the

22  employer and to the division and shall have his or her

23  retirement benefits suspended for the balance of the 12-month

24  limitation period.  Any person employed in violation of this

25  paragraph and any employing agency which knowingly employs or

26  appoints such person without notifying the Division of

27  Retirement to suspend retirement benefits shall be jointly and

28  severally liable for reimbursement to the retirement trust

29  fund of any benefits paid during the reemployment limitation

30  period.  To avoid liability, such employing agency shall have

31  a written statement from the retiree that he or she is not

                                  20

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  retired from a state-administered retirement system.  Any

  2  retirement benefits received while reemployed during this

  3  reemployment limitation period shall be repaid to the

  4  retirement trust fund, and retirement benefits shall remain

  5  suspended until such repayment has been made.  Benefits

  6  suspended beyond the reemployment limitation shall apply

  7  toward repayment of benefits received in violation of the

  8  reemployment limitation.

  9         3.  A district school board may reemploy a retired

10  member as a substitute or hourly teacher, teacher aide,

11  transportation assistant, bus driver, or food service worker

12  on a noncontractual basis after he or she has been retired for

13  1 calendar month, in accordance with s. 121.021(39).  Any

14  retired member who is reemployed within 1 calendar month after

15  retirement shall void his or her application for retirement

16  benefits.  District school boards reemploying such teachers,

17  teacher aides, transportation assistants, bus drivers, or food

18  service workers are subject to the retirement contribution

19  required by subparagraph 7.  Reemployment of a retired member

20  as a substitute or hourly teacher, teacher aide,

21  transportation assistant, bus driver, or food service worker

22  is limited to 780 hours during the first 12 months of his or

23  her retirement.  Any retired member reemployed for more than

24  780 hours during his or her first 12 months of retirement

25  shall give timely notice in writing to the employer and to the

26  division of the date he or she will exceed the limitation.

27  The division shall suspend his or her retirement benefits for

28  the remainder of the first 12 months of retirement.  Any

29  person employed in violation of this subparagraph and any

30  employing agency which knowingly employs or appoints such

31  person without notifying the Division of Retirement to suspend

                                  21

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  retirement benefits shall be jointly and severally liable for

  2  reimbursement to the retirement trust fund of any benefits

  3  paid during the reemployment limitation period.  To avoid

  4  liability, such employing agency shall have a written

  5  statement from the retiree that he or she is not retired from

  6  a state-administered retirement system.  Any retirement

  7  benefits received by a retired member while reemployed in

  8  excess of 780 hours during the first 12 months of retirement

  9  shall be repaid to the Retirement System Trust Fund, and his

10  or her retirement benefits shall remain suspended until

11  repayment is made.  Benefits suspended beyond the end of the

12  retired member's first 12 months of retirement shall apply

13  toward repayment of benefits received in violation of the

14  780-hour reemployment limitation.

15         4.  A community college board of trustees may reemploy

16  a retired member as an adjunct instructor, that is, an

17  instructor who is noncontractual and part-time, or as a

18  participant in a phased retirement program within the State

19  Community College System, after he or she has been retired for

20  1 calendar month, in accordance with s. 121.021(39).  Any

21  retired member who is reemployed within 1 calendar month after

22  retirement shall void his or her application for retirement

23  benefits.  Boards of trustees reemploying such instructors are

24  subject to the retirement contribution required in

25  subparagraph 7.  A retired member may be reemployed as an

26  adjunct instructor for no more than 780 hours during the first

27  12 months of retirement.  Any retired member reemployed for

28  more than 780 hours during the first 12 months of retirement

29  shall give timely notice in writing to the employer and to the

30  division of the date he or she will exceed the limitation.

31  The division shall suspend his or her retirement benefits for

                                  22

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  the remainder of the first 12 months of retirement.  Any

  2  person employed in violation of this subparagraph and any

  3  employing agency which knowingly employs or appoints such

  4  person without notifying the Division of Retirement to suspend

  5  retirement benefits shall be jointly and severally liable for

  6  reimbursement to the retirement trust fund of any benefits

  7  paid during the reemployment limitation period.  To avoid

  8  liability, such employing agency shall have a written

  9  statement from the retiree that he or she is not retired from

10  a state-administered retirement system.  Any retirement

11  benefits received by a retired member while reemployed in

12  excess of 780 hours during the first 12 months of retirement

13  shall be repaid to the Retirement System Trust Fund, and

14  retirement benefits shall remain suspended until repayment is

15  made.  Benefits suspended beyond the end of the retired

16  member's first 12 months of retirement shall apply toward

17  repayment of benefits received in violation of the 780-hour

18  reemployment limitation.

19         5.  The State University System may reemploy a retired

20  member as an adjunct faculty member or as a participant in a

21  phased retirement program within the State University System

22  after the retired member has been retired for 1 calendar

23  month, in accordance with s. 121.021(39).  Any retired member

24  who is reemployed within 1 calendar month after retirement

25  shall void his or her application for retirement benefits.

26  The State University System is subject to the retired

27  contribution required in subparagraph 7., as appropriate. A

28  retired member may be reemployed as an adjunct faculty member

29  or a participant in a phased retirement program for no more

30  than 780 hours during the first 12 months of his or her

31  retirement.  Any retired member reemployed for more than 780

                                  23

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  hours during the first 12 months of retirement shall give

  2  timely notice in writing to the employer and to the division

  3  of the date he or she will exceed the limitation.  The

  4  division shall suspend his or her retirement benefits for the

  5  remainder of the first 12 months of retirement.  Any person

  6  employed in violation of this subparagraph and any employing

  7  agency which knowingly employs or appoints such person without

  8  notifying the Division of Retirement to suspend retirement

  9  benefits shall be jointly and severally liable for

10  reimbursement to the retirement trust fund of any benefits

11  paid during the reemployment limitation period.  To avoid

12  liability, such employing agency shall have a written

13  statement from the retiree that he or she is not retired from

14  a state-administered retirement system.  Any retirement

15  benefits received by a retired member while reemployed in

16  excess of 780 hours during the first 12 months of retirement

17  shall be repaid to the Retirement System Trust Fund, and

18  retirement benefits shall remain suspended until repayment is

19  made.  Benefits suspended beyond the end of the retired

20  member's first 12 months of retirement shall apply toward

21  repayment of benefits received in violation of the 780-hour

22  reemployment limitation.

23         6.  The Board of Trustees of the Florida School for the

24  Deaf and the Blind may reemploy a retired member as a

25  substitute teacher, substitute residential instructor, or

26  substitute nurse on a noncontractual basis after he or she has

27  been retired for 1 calendar month, in accordance with s.

28  121.021(39).  Any retired member who is reemployed within 1

29  calendar month after retirement shall void his or her

30  application for retirement benefits. The Board of Trustees of

31  the Florida School for the Deaf and the Blind reemploying such

                                  24

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  teachers, residential instructors, or nurses is subject to the

  2  retirement contribution required by subparagraph 7.

  3  Reemployment of a retired member as a substitute teacher,

  4  substitute residential instructor, or substitute nurse is

  5  limited to 780 hours during the first 12 months of his or her

  6  retirement.  Any retired member reemployed for more than 780

  7  hours during the first 12 months of retirement shall give

  8  timely notice in writing to the employer and to the division

  9  of the date he or she will exceed the limitation. The division

10  shall suspend his or her retirement benefits for the remainder

11  of the first 12 months of retirement.  Any person employed in

12  violation of this subparagraph and any employing agency which

13  knowingly employs or appoints such person without notifying

14  the Division of Retirement to suspend retirement benefits

15  shall be jointly and severally liable for reimbursement to the

16  retirement trust fund of any benefits paid during the

17  reemployment limitation period.  To avoid liability, such

18  employing agency shall have a written statement from the

19  retiree that he or she is not retired from a

20  state-administered retirement system.  Any retirement benefits

21  received by a retired member while reemployed in excess of 780

22  hours during the first 12 months of retirement shall be repaid

23  to the Retirement System Trust Fund, and his or her retirement

24  benefits shall remain suspended until payment is made.

25  Benefits suspended beyond the end of the retired member's

26  first 12 months of retirement shall apply toward repayment of

27  benefits received in violation of the 780-hour reemployment

28  limitation.

29         7.  The employment by an employer of any retiree or

30  DROP participant of any state-administered retirement system

31  shall have no effect on the average final compensation or

                                  25

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  years of creditable service of the retiree or DROP

  2  participant.  Prior to July 1, 1991, upon employment of any

  3  person, other than an elected officer as provided in s.

  4  121.053, who has been retired under any state-administered

  5  retirement program, the employer shall pay retirement

  6  contributions in an amount equal to the unfunded actuarial

  7  accrued liability portion of the employer contribution which

  8  would be required for regular members of the Florida

  9  Retirement System. Effective July 1, 1991, contributions shall

10  be made as provided in s. 121.122 for retirees with renewed

11  membership or subsection (13) for DROP participants.

12         8.  Any person who has previously retired and who is

13  holding an elective public office or an appointment to an

14  elective public office eligible for the Elected State and

15  County Officers' Class on or after July 1, 1990, shall be

16  enrolled in the Florida Retirement System as provided in s.

17  121.053(1)(b) or, if holding an elective public office that

18  does not qualify for the Elected State and County Officers'

19  Class on or after July 1, 1991, shall be enrolled in the

20  Florida Retirement System as provided in s. 121.122, and shall

21  continue to receive retirement benefits as well as

22  compensation for the elected officer's service for as long as

23  he or she remains in elective office.  However, any retired

24  member who served in an elective office prior to July 1, 1990,

25  suspended his or her retirement benefit, and had his or her

26  Florida Retirement System membership reinstated shall, upon

27  retirement from such office, have his or her retirement

28  benefit recalculated to include the additional service and

29  compensation earned.

30         9.  Any person who is holding an elective public office

31  which is covered by the Florida Retirement System and who is

                                  26

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  concurrently employed in nonelected covered employment may

  2  elect to retire while continuing employment in the elective

  3  public office, provided that he or she shall be required to

  4  terminate his or her nonelected covered employment.  Any

  5  person who exercises this election shall receive his or her

  6  retirement benefits in addition to the compensation of the

  7  elective office without regard to the time limitations

  8  otherwise provided in this subsection.  No person who seeks to

  9  exercise the provisions of this subparagraph, as the same

10  existed prior to May 3, 1984, shall be deemed to be retired

11  under those provisions, unless such person is eligible to

12  retire under the provisions of this subparagraph, as amended

13  by chapter 84-11, Laws of Florida.

14         10.  The limitations of this paragraph apply to

15  reemployment in any capacity with an "employer" as defined in

16  s. 121.021(10), irrespective of the category of funds from

17  which the person is compensated.

18         (10)  FUTURE BENEFITS BASED ON ACTUARIAL DATA.--It is

19  the intent of the Legislature that future benefit increases

20  enacted into law in this chapter shall be financed

21  concurrently by increased contributions or other adequate

22  funding, and such funding shall be based on sound actuarial

23  data as developed by the actuary or state retirement actuary,

24  as provided in ss. 121.021(6) and 121.192.

25         (11)  A member who becomes eligible to retire and has

26  accumulated the maximum benefit of 100 percent of average

27  final compensation may continue in active service, and, if

28  upon the member's retirement the member elects to receive a

29  retirement compensation pursuant to subsection (2), subsection

30  (6), or subsection (7), the actuarial equivalent percentage

31  factor applicable to the age of such member at the time the

                                  27

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  member reached the maximum benefit and to the age, at that

  2  time, of the member's spouse shall determine the amount of

  3  benefits to be paid.

  4         (12)  SPECIAL PROVISIONS FOR PAYMENT OF CERTAIN

  5  SURVIVOR BENEFITS.--Notwithstanding any provision of this

  6  chapter to the contrary, for members with an effective date of

  7  retirement, or date of death if prior to retirement, on or

  8  after January 1, 1996, the named joint annuitant, as defined

  9  in s. 121.021(28)(b), who is eligible to receive benefits

10  under subparagraph (6)(a)3. or subparagraph (6)(a)4., shall

11  receive the maximum monthly retirement benefit that would have

12  been payable to the member under subparagraph (6)(a)1.;

13  however, payment of such benefit shall cease the month the

14  joint annuitant attains age 25 unless such joint annuitant is

15  disabled and incapable of self-support, in which case,

16  benefits shall cease when the joint annuitant is no longer

17  disabled.  The administrator may require proof of disability

18  or continued disability in the same manner as is provided for

19  a member seeking or receiving a disability retirement benefit

20  under subsection (4).

21         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,

22  and subject to the provisions of this section, the Deferred

23  Retirement Option Program, hereinafter referred to as the

24  DROP, is a program under which an eligible member of the

25  Florida  Retirement System may elect to participate, deferring

26  receipt of retirement benefits while continuing employment

27  with his or her Florida Retirement System employer.  The

28  deferred monthly benefits shall accrue in the System Trust

29  Fund on behalf of the participant, plus interest compounded

30  monthly, for the specified period of the DROP participation,

31  as provided in paragraph (c).  Upon termination of employment,

                                  28

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  the participant shall receive the total DROP benefits and

  2  begin to receive the previously determined normal retirement

  3  benefits. Employment in the DROP does not guarantee employment

  4  for the specified period of DROP.

  5         (a)  Eligibility of member to participate in the

  6  DROP.--All Florida Retirement System members are eligible to

  7  elect participation in the DROP provided that:

  8         1.  Election to participate is made within 12 months

  9  following the date on which the member first reaches normal

10  retirement date or age, or for a member who first reached

11  normal retirement date or age prior to the effective date of

12  this section, election to participate is made within 12 months

13  of the effective date of this section.  A member who fails to

14  make an election within such 12-month limitation period shall

15  forfeit all rights to participate in the DROP. The member

16  shall advise his employer and the division in writing of the

17  date on which the DROP shall begin. Such beginning date may be

18  subsequent to the 12-month election period but must be within

19  the 60-month limitation period as provided in subparagraph

20  (b)1.

21         2.  The retiring member's employer, or employers if

22  dually employed, shall acknowledge in writing to the division

23  the date the member's participation in the DROP begins and the

24  date the member's employment and DROP participation will

25  terminate.

26         3.  Employment of a participant by additional Florida

27  Retirement System employers subsequent to the commencement of

28  participation in the DROP shall be permissible provided such

29  employers acknowledge in writing a DROP termination date no

30  later than the participant's existing termination date or the

31  60-month limitation period as provided in subparagraph (b)1.

                                  29

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1         (b)  Participation in the DROP.--

  2         1.  An eligible member may elect to participate in the

  3  DROP for a period not to exceed a maximum of 60 months

  4  following the date on which the member first reaches normal

  5  retirement age or date, including a member who first reaches

  6  normal retirement age or date prior to the effective date of

  7  this section.  Any member who has exceeded the 60-month

  8  limitation shall not be eligible to participate in the DROP.

  9         2.  Upon deciding to participate in the DROP, the

10  member shall submit, on forms required by the division:

11         a.  A written election to participate in the DROP;

12         b.  Selection of the DROP participation and termination

13  dates, which satisfy the limitations stated in paragraph (a)

14  and subparagraph 1. Such termination date shall be in a

15  binding letter of resignation with the employer, establishing

16  a deferred termination date. The member may change the

17  termination date within the limitations of subparagraph 1.,

18  but only with the written approval of his employer;

19         c.  A properly completed DROP application for service

20  retirement as provided in this section; and

21         d.  Any other information required by the division.

22         3.  The DROP participant shall be a retiree under the

23  Florida Retirement System for all purposes, except for

24  paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363,

25  121.053, and 121.122.

26         4.  A reemployed retiree with renewed membership is not

27  eligible for DROP participation.

28         5.  Elected officers shall be eligible to participate

29  in the DROP subject to the following:

30         a.  An elected or a nonelected participant may run for

31  a term of office while participating in DROP and, if elected,

                                  30

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  extend the DROP termination date accordingly, except, however,

  2  if such additional term of office exceeds the 60-month

  3  limitation established in subparagraph 1., and the officer

  4  does not resign from office within such 60-month limitation,

  5  the retirement and the participant's DROP shall be null and

  6  void as provided in subparagraph (c)4.d.

  7         b.  An elected officer who is dually employed and

  8  elects to participate in DROP shall be required to satisfy the

  9  definition of termination within the 60-month limitation

10  period as provided in subparagraph 1. for the nonelected

11  position and may continue employment as an elected officer as

12  provided in s. 121.053. The elected officer will be enrolled

13  as a renewed member in the Elected State and County Officers'

14  Class or the Regular Class, as provided in ss. 121.053 and

15  121.22, on the frist day of the month after termination of

16  employment in the nonelected position and termination of DROP.

17  Distribution of the DROP benefits shall be made as provided in

18  paragraph (c).

19         (c)  Benefits payable under the DROP.--

20         1.  Effective with the date of DROP participation, the

21  member's initial normal monthly benefit, including creditable

22  service and average final compensation, and the effective date

23  of retirement shall be fixed. Such retirement benefit, the

24  annual cost of living adjustments provided in s. 121.101, and

25  interest shall accrue monthly in the System Trust Fund.  Such

26  interest shall accrue at an effective annual rate of 6.5

27  percent compounded monthly, on the prior month's accumulated

28  ending balance, up to the month of termination or death.

29         2.  The effective date of retirement of a DROP

30  participant shall be the first day of the month selected by

31  the member to begin participation in the DROP.

                                  31

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1         3.  Normal retirement benefits and interest thereon

  2  shall continue to accrue in the DROP until the established

  3  termination date of the DROP, or until the participant

  4  terminates employment or dies prior to such date. Although

  5  individual DROP accounts shall not be established, a separate

  6  accounting of each participant's accrued benefits under the

  7  DROP shall be calculated and provided to participants

  8  annually.

  9         4.  At the conclusion of the participant's DROP, the

10  division shall distribute the participant's total accumulated

11  DROP benefits, subject to the following provisions:

12         a.  The division shall receive verification by the

13  participant's employer or employers that such participant has

14  terminated employment as provided in s. 121.021(39)(b).

15         b.  The terminated DROP participant or if deceased,

16  such participant's named beneficiary, shall elect on forms

17  provided by the division to receive payment of the DROP

18  benefits in accordance with one of the options listed below.

19  For a participant or beneficiary who fails to elect a method

20  of payment within 60 days of termination of the DROP, the

21  division will pay a lump sum as provided in (I).

22         (I)  Lump sum.--All accrued DROP benefits, plus

23  interest, less withholding taxes remitted to the Internal

24  Revenue Service, shall be paid to the DROP participant or

25  surviving beneficiary.

26         (II)  Direct rollover.--All accrued DROP benefits, plus

27  interest, shall be paid from the DROP directly to the

28  custodian of an eligible retirement plan as defined in s.

29  402(c)(8)(B) of the Internal Revenue Code.  However, in the

30  case of an eligible rollover distribution to the surviving

31  spouse of a deceased participant, an eligible retirement plan

                                  32

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  is an individual retirement account or an individual

  2  retirement annuity as described in s. 402(c)(9) of the

  3  Internal Revenue Code.

  4         (III)  Partial lump sum.--A portion of the accrued DROP

  5  benefits shall be paid to the DROP participant or surviving

  6  spouse, less withholding taxes remitted to the Internal

  7  Revenue Service, and the remaining DROP benefits shall be

  8  transferred directly to the custodian of an eligible

  9  retirement plan as defined in s. 402(c)(8)(B) of the Internal

10  Revenue Code. However, in the case of an eligible rollover

11  distribution to the surviving spouse of a deceased

12  participant, an eligible retirement plan is an individual

13  retirement account or an individual retirement annuity as

14  described in s. 402(c)(9) of the Internal Revenue Code. The

15  proportions shall be specified by the DROP participant or

16  surviving beneficiary.

17         c.  The form of payment selected by the DROP

18  participant or surviving beneficiary complies with the minimum

19  distribution requirements of the Internal Revenue Code and

20  payments begin no later than the date on which the participant

21  reaches age 70 years and 6 months.

22         d.  For a DROP participant who fails to terminate

23  employment as defined in s. 121.021(39)(b), the member shall

24  be deemed not to be retired and the DROP election shall be

25  null and void.  Florida Retirement System membership shall be

26  reestablished retroactively to the date of the commencement of

27  the DROP, and the employer shall be required to pay to the

28  System Trust Fund the difference between the DROP

29  contributions paid in paragraph (i) and the contributions

30  required for the applicable Florida Retirement System class of

31  membership during the period the member participated in the

                                  33

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  DROP, plus 6.5 percent interest compounded annually.

  2         5.  The accrued benefits of any DROP participant, and

  3  any contributions accumulated under such program, shall not be

  4  subject to assignment, execution, attachment, or to any legal

  5  process whatsoever, except for qualified domestic relations

  6  orders by a court of competent jurisdiction, income deduction

  7  orders as provided in s. 61.1301, and federal income tax

  8  levies.

  9         6.  DROP participants shall not be eligible for

10  disability retirement benefits as provided in subsection (4).

11         (d)  Death benefits under the DROP.--

12         1.  Upon the death of a DROP participant, the named

13  beneficiary shall be entitled to apply for and receive the

14  accrued benefits in the DROP as provided in sub-subparagraph

15  (c)4.b.

16         2.  The normal retirement benefit accrued to the DROP

17  during the month of a participant's death shall be the final

18  monthly benefit credited for such DROP participant.

19         3.  Eligibility to participate in the DROP terminates

20  upon death of the participant.  If the participant dies on or

21  after the effective date of enrollment in the DROP, but prior

22  to the first monthly benefit being credited to the DROP,

23  Florida Retirement System benefits shall be paid in accordance

24  with subparagraph (7)(c)1. or subparagraph 2.

25         4.  A DROP participants' survivors shall not be

26  eligible to receive Florida Retirement System death benefits

27  as provided in paragraph (7)(d).

28         (e)  Cost-of-living adjustment.--On each July 1, the

29  participants' normal retirement benefit shall be increased as

30  provided in s. 121.101.

31         (f)  Retiree health insurance subsidy.--DROP

                                  34

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  participants are not eligible to apply for the retiree health

  2  insurance subsidy payments as provided in s. 112.363 until

  3  such participants have terminated employment and participation

  4  in the DROP.

  5         (g)  Renewed membership.--DROP participants shall not

  6  be eligible for renewed membership in the Florida Retirement

  7  System under ss. 121.053 and 121.122 until termination of

  8  employment is effectuated as provided in s. 121.021(39)(b).

  9         (h)  Employment limitation after DROP

10  participation.--Upon satisfying the definition of termination

11  of employment as provided in s. 121.021(39)(b) DROP

12  participants shall be subject to such reemployment limitations

13  as other retirees. Reemployment restrictions applicable to

14  retirees as provided in subsection (9) shall not apply to DROP

15  participants until their employment and participation in the

16  DROP are terminated.

17         (i)  Contributions.--

18         1.  All employers paying the salary of a DROP

19  participant filling a regularly established position shall

20  contribute 11.56 percent of such participant's gross

21  compensation, which shall constitute the entire employer DROP

22  contribution with respect to such participant.  Such

23  contributions, payable to the System Trust Fund in the same

24  manner as required in s. 121.071, shall be made as appropriate

25  for each pay period and are in addition to contributions

26  required for Social Security and the Retiree Health Insurance

27  Subsidy Trust Fund.  Such employer, Social Security, and

28  health insurance subsidy contributions are not included in the

29  DROP.

30         2.  The employer shall, in addition to subparagraph 1.,

31  also withhold one-half of the entire Social Security

                                  35

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  contribution required for the participant.  Contributions for

  2  Social Security by each participant and each employer, in the

  3  amount required for Social Security coverage as now or

  4  hereafter provided by the federal Social Security Act, shall

  5  be in addition to contributions specified in subparagraph 1.

  6         3.  All employers paying the salary of a DROP

  7  participant filling a regularly established position shall

  8  contribute 0.66 percent of such participant's gross

  9  compensation, which shall constitute the employer's health

10  insurance subsidy contribution with respect to such

11  participant. Such contributions shall be deposited by the

12  administrator in the Retiree Health Insurance Subsidy Trust

13  Fund.

14         (j)  Forfeiture of Retirement Benefits.--Nothing in

15  this section shall be construed to remove DROP participants

16  from the scope of Article II, s. 8(d), State Constitution, s.

17  112.3173, and paragraph (5)(f) of this section. DROP

18  participants who commit a specified felony offense while

19  employed will be subject to forfeiture of all retirement

20  benefits, including DROP benefits, pursuant to those

21  provisions of law.

22         (k)  Administration of Program.--The division shall

23  make such rules as are necessary for the effective and

24  efficient administration of this subsection. The division

25  shall not be required to advise members of the federal tax

26  consequences of an election related to the DROP but may advise

27  members to seek independent advice.

28         Section 20.  Effective July 1, 1998, and contingent

29  upon the Division of Retirement receiving a favorable

30  determination letter and a favorable private letter ruling,

31  hereinafter referred to as favorable letters, from the

                                  36

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  Internal Revenue Service, as provided below prior to the end

  2  of the 1998 legislative session.  The division shall request

  3  from the Internal Revenue Service, within 90 days of the

  4  passage of this act:

  5         (1)  A written determination letter stating that the

  6  Florida Retirement System, as amended to include the DROP,

  7  continues to be a facially qualified plan; and

  8         (2)  A private letter ruling stating:

  9         (a)  That the Florida Retirement System, as amended to

10  include the DROP, is not a "defined contribution plan" as

11  defined in ss. 414(i) and 415(k)(1) of the Internal Revenue

12  Code, is not subject to the separate limitations contained

13  within s. 415(c) and (e) of the Internal Revenue Code, and is

14  not a "hybrid plan" as defined in s. 414(k) of the Internal

15  Revenue Code;

16         (b)  That the Florida Retirement System, as amended to

17  include the DROP, is not a "cash or deferred arrangement"

18  within the meaning of s. 401(k) of the Internal Revenue Code;

19  and

20         (c)  That the monthly retirement benefits paid into the

21  DROP are not deemed to be constructive receipt of income under

22  s. 402(a) of the Internal Revenue Code and shall not be

23  taxable until actual distribution to the retiree.

24

25  The division shall notify the Speaker of the House of

26  Representatives and the President of the Senate within 30 days

27  of receipt of the favorable or unfavorable letters. If no

28  favorable letters are received by July 1, 1998, sections 18,

29  19, and this section shall take effect January 1, 1999,

30  provided the division receives the favorable letters prior to

31  such date. In the event favorable letters are not received,

                                  37

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1  sections 18, 19, and this section shall not take effect.

  2

  3

  4  ================ T I T L E   A M E N D M E N T ===============

  5  And the title is amended as follows:

  6         On page ....3....., line(s) ....10....,

  7  after the second semicolon:

  8

  9  and insert in lieu thereof:

10         amending s. 121.021, F.S.; redefining the term

11         "termination" for Deferred Retirement Option

12         Program participants; defining the term "DROP

13         participants"; amending s. 121.091, F.S.;

14         specifying that benefits may be payable to a

15         participant's Deferred Retirement Option

16         Program; specifying that the option selection

17         for payment of benefits shall be final at the

18         time a benefit payment is assigned to the

19         Deferred Retirement Option Program; specifying

20         death benefits applicable to Deferred

21         Retirement Option Program participants;

22         specifying employment after retirement

23         limitations applicable to Deferred Retirement

24         Option Program participants; providing overview

25         of the Deferred Retirement Option Program;

26         providing eligibility criteria; providing for

27         procedures for election of participation;

28         providing for benefits payable; providing for

29         death benefits; providing for a cost-of-living

30         adjustment; specifying that health insurance

31         subsidy payments are not payable; specifying

                                  38

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565




                                                   HOUSE AMENDMENT

    hbd-00                                      Bill No. CS/HB 905

    Amendment No.     (for drafter's use only)





  1         that Deferred Retirement Option Program

  2         participation does not qualify as renewed

  3         membership; providing limitations on employment

  4         after participation; specifying contribution

  5         rates; specifying that Deferred Retirement

  6         Option Program participation does not exempt

  7         such participants from the forfeiture of

  8         benefits under the provisions of ss. 112.3173

  9         and 121.091(5), F.S; providing for

10         administration of the program; providing an

11         effective date dependent upon the Division of

12         Retirement's receipt of a favorable written

13         determination letter and a favorable private

14         letter ruling from the Internal Revenue

15         Service;

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  39

    File original & 9 copies    04/14/97
    hbd0002                     03:20 pm         00905-0012-502565