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House Bill 0905

Florida House of Representatives - 1997 HB 905 By Representatives Crady and Fasano 1 A bill to be entitled 2 An act relating to retirement; amending s. 3 121.011, F.S.; providing for purchase of 4 retirement credit under the Florida Retirement 5 System following reinstatement after suspension 6 or dismissal under certain circumstances; 7 amending s. 121.021, F.S.; defining the term 8 "phased retirement program"; amending s. 9 121.052, F.S.; authorizing certain elected 10 officers to opt for membership in the Senior 11 Management Class under certain circumstances; 12 clarifying provisions relating to the purchase 13 of retirement credit for upgraded service by 14 certain elected officers and former elected 15 officers; amending s. 121.053, F.S.; allowing 16 Senior Management Service Class renewed 17 membership service to be used by members with 18 renewed membership in the Elected State and 19 County Officers' Class; amending s. 121.055, 20 F.S.; allowing certain elected officers to 21 participate in the Senior Management Service 22 Optional Annuity Program under certain 23 conditions; providing for payment only as a 24 lifetime annuity; providing exceptions; 25 providing for State Board of Administration 26 review of investment products; providing for 27 payment of certain creditable service; 28 providing for future repeal; amending s. 29 121.091, F.S.; providing for forfeiture of 30 benefits for a beneficiary who intentionally 31 killed or procured the death of the member; 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 clarifying the effective date of a joint 2 annuitant change; amending s. 121.1115, F.S.; 3 authorizing the purchase of retirement credit 4 for certain out-of-state service; creating s. 5 121.1120, F.S.; providing for the purchase of 6 retirement credit for certain in-state service; 7 amending s. 121.122, F.S.; providing for the 8 enrollment of certain members in the Senior 9 Management Service Class; amending s. 121.123, 10 F.S.; providing for reasonable attorney's fees 11 for disability retirement orders issued by the 12 State Retirement Commission under certain 13 circumstances; amending s. 121.35, F.S.; 14 providing that certain employees who are 15 eligible to participate in the Optional 16 Retirement Program shall become members of the 17 Regular Class of the Florida Retirement System 18 under certain circumstances; providing that 19 contributions accumulated in the Florida 20 Retirement Trust Fund for certain members be 21 applied towards retroactive membership in the 22 Regular Class; limiting employee contributions 23 in the Optional Retirement Program; providing 24 that benefits in the Optional Retirement 25 Program shall be paid only as a lifetime 26 annuity; providing exceptions; providing for 27 State Board of Administration review of 28 investment products; repealing chapter 123, 29 F.S., relating to the retirement system for 30 Supreme Court justices, District Courts of 31 Appeals judges, and Circuit judges; providing 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 for rules; providing an appropriation; 2 providing a legislative finding of important 3 state interest; providing effective dates. 4 5 Be It Enacted by the Legislature of the State of Florida: 6 7 Section 1. Paragraph (e) of subsection (3) of section 8 121.011, Florida Statutes, is amended, and paragraph (g) is 9 added to said subsection, to read: 10 121.011 Florida Retirement System.-- 11 (3) PRESERVATION OF RIGHTS.-- 12 (e) Any member of the Florida Retirement System or any 13 member of an existing system under this chapter on July 1, 14 1975, who is not retired and who is, has been, or shall be, 15 suspended and reinstated without compensation shall receive 16 retirement service credit for the period of time from the date 17 of suspension to the date of reinstatement, provided: 18 1. The creditable service claimed for the period of 19 suspension does not exceed 24 months. 20 2. The member returns to active employment and remains 21 on the employer's payroll for at least 30 calendar days. 22 3. upon The member pays paying into the Retirement 23 System Trust Fund the total required cost of providing said 24 retirement credit. The cost to the member shall be the total 25 employer contributions plus the total employee contributions, 26 if applicable, paid to the Retirement Trust Fund for the pay 27 period immediately preceding the period of suspension, 28 prorated for the said period of suspension, plus interest 29 thereon at a rate of 4 percent per annum compounded annually 30 until July 1, 1975, and 6.5 percent interest thereafter until 31 paid. 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 2 If permitted by federal law, the member may pay into the 3 Social Security Trust Fund the total cost, if any, of 4 providing social security coverage for the period of 5 suspension if any social security payments have been made by 6 the employer for the benefit of the member during such period. 7 Should there be any conflict as to payment for social security 8 coverage, the payment for retirement service credit shall be 9 made and retirement service credit granted regardless of such 10 conflict. 11 (g) Any member of the Florida Retirement System or any 12 member of an existing system under this chapter who is not 13 retired and who is, has been, or shall be, dismissed from 14 employment shall be considered terminated from active 15 membership in such system. 16 1. In the event such dismissal is rescinded by proper 17 authority or through legal proceedings, the member shall be 18 eligible to receive retirement service credit for such period 19 of dismissal provided: 20 a. The dismissal action taken against the member is 21 determined to be incorrect and is negated, the employee is 22 made whole for the period of the dismissal or any portion 23 thereof, employment is reinstated. 24 b. The employer pays into the Retirement System Trust 25 Fund the total required employer contributions for the period 26 for which the employee is made whole, plus interest at 6.5 27 percent compounded annually until full payment is made. The 28 employee shall pay the total employee contributions, plus 29 interest, if applicable. 30 2. In the event the dismissal action is subsequently 31 changed to a suspension by proper authority or through legal 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 proceedings, the member shall be eligible to receive 2 retirement service credit provided the member's employment is 3 reinstated, restoring the employee-employer relationship, and 4 the employee pays the total required employer and employee 5 contributions and complies with all requirements in paragraph 6 (e). 7 Section 2. Subsection (43) is added to section 8 121.021, Florida Statutes, 1996 Supplement, to read: 9 121.021 Definitions.--The following words and phrases 10 as used in this chapter have the respective meanings set forth 11 unless a different meaning is plainly required by the context: 12 (43) "Phased retirement program" means a program 13 contracted by the governing board of a university or community 14 college participating under this chapter in which retirees may 15 be reemployed in faculty positions provided: 16 (a) The member retired and met the definition of 17 termination under this section. 18 (b) The retired member is reemployed for not more than 19 780 hours during the first 12 months of his retirement. 20 (c) The retired member is reemployed with the 21 university or community college from which he or she retired. 22 23 Renewed membership for a retiree participating in a phased 24 retirement program shall be determined in accordance with s. 25 121.122 or 121.053, F.S. 26 Section 3. Subsections (3) and (5) of section 121.052, 27 Florida Statutes, 1996 Supplement, are amended to read: 28 121.052 Membership class of elected state and county 29 officers.-- 30 (3) PARTICIPATION AND WITHDRAWAL, 31 GENERALLY.--Effective July 1, 1990, participation in the 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 Elected State and County Officers' Class shall be compulsory 2 for elected officers listed in paragraphs (2)(a)-(d) assuming 3 office on or after said date, unless the elected officer 4 elects membership in another class or withdraws from the 5 Florida Retirement System as follows: 6 (a) Any elected officer who is or becomes dually 7 employed and a member of the Florida Retirement System or one 8 of the existing systems may elect membership in any system or 9 class for which he or she is eligible. Upon becoming dually 10 employed, the elected officer shall have a period of 6 months 11 to notify the administrator of his or her decision, as 12 provided in subsection (6). 13 (b) Upon assuming office, any sheriff shall have a 14 period of 6 months to notify the administrator of his or her 15 decision to remain or elect membership in the Special Risk 16 Class in lieu of membership in the Elected State and County 17 Officers' Class. 18 (c) Any elected officer may, within 6 months of 19 assuming office, or within 6 months of this act becoming law 20 for serving elected officers, elect membership in the Senior 21 Management Service Class as provided in s. 121.055 in lieu of 22 membership in the Elected State and County Officers' Class. 23 Any such election made by a county elected officer shall have 24 no effect upon the statutory limit on the number of 25 nonelective full-time positions which may be designated by a 26 local agency employer for inclusion in the Senior Management 27 Service Class under s. 121.055(1)(b)1. 28 (d)(c)1. Any elected officer may elect to withdraw 29 from participating in the Florida Retirement System in any 30 manner whatsoever. Upon assuming office, the member shall have 31 a period of 6 months to notify the administrator of his or her 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 decision to withdraw from the Florida Retirement System 2 altogether. Such election shall be made in writing and a copy 3 shall be filed with the employer. 4 2. Upon receipt of a request from an elected officer 5 to withdraw from the Florida Retirement System pursuant to 6 subparagraph 1., the administrator shall refund all moneys 7 contributed by the elected officer to the system during the 8 period of participation in the system, unless the elected 9 officer has a vested right under the Florida Retirement 10 System, in which case he or she shall not receive a refund of 11 contributions. 12 3. Any elected officer who has withdrawn from the 13 Florida Retirement System pursuant to this paragraph shall be 14 permitted to rejoin the Elected State and County Officers' 15 Class upon written request to the administrator. 16 a. Credit for prior service based on the period for 17 which refunds were received pursuant to subparagraph 2. shall 18 be received by an elected officer who rejoins the system upon 19 payment to the System Trust Fund of an amount equal to the 20 contributions refunded to the elected officer pursuant to 21 subparagraph 2., plus 4 percent interest compounded annually 22 from the date of refund until July 1, 1975, and 6.5 percent 23 interest, compounded annually thereafter until the date of 24 payment. 25 b. Credit for prior service based on the period during 26 which the elected officer had withdrawn from the system, and 27 for which no contributions were made, shall be received by the 28 elected officer upon payment to the System Trust Fund of an 29 amount equal to the contributions required, under the 30 contribution rate in effect during the period of withdrawal 31 for which credit is being purchased, plus 6.5 percent 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 interest, compounded annually until the date of payment. The 2 payment of the total of such amount shall be made by the 3 employer and the elected officer in the relative proportions 4 provided by law for contributions during the period of 5 withdrawal. 6 7 Failure to timely withdraw from the Elected State and County 8 Officers' Class shall constitute an election to maintain 9 membership in the Elected State and County Officers' Class. 10 (5) UPGRADED SERVICE; PURCHASE OF ADDITIONAL CREDIT.-- 11 (a) As provided in paragraph (b), and subject to the 12 provisions of subsection (6), if applicable, a current or 13 former member of the Elected State and County Officers' Class 14 an elected officer, or former elected officer who held office 15 after his subclass of the Elected State and County Officers' 16 Class was established, and who opted for membership in a 17 membership class of the Florida Retirement System other than 18 the Elected State and County Officers' Class as described in 19 subparagraph (b)2., may purchase at his or her own expense 20 additional retirement credit in the Elected State and County 21 Officers' Class for all creditable service as an officer 22 within the purview of this class, and such other creditable 23 service as authorized hereunder for which he or she has 24 accumulated credit in the retirement system or class within 25 the Florida Retirement System from which he or she transfers. 26 Any member of the Elected State and County Officers' Class may 27 purchase additional retirement credit for service prior to 28 January 1, 1973, as a county solicitor, elected county 29 prosecuting attorney, county judge, judge of a court of 30 record, judge of a criminal or civil court of record, judge of 31 any metropolitan court established pursuant to s. 6, Art. VIII 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 of the State Constitution, judge of a small claims court, or 2 justice of the peace, or for service as a county court judge 3 from January 1, 1973, to October 1, 1974. 4 (b) To receive additional retirement credit for 5 service within the purview of the Elected State and County 6 Officers' Class as provided authorized in paragraph (a), such 7 member: 8 1. A serving elected officer shall pay a sum equal to 9 the difference between the amounts derived under subparagraphs 10 1. and 2. sub-subparagraphs a. and b.: 11 1.a. The total employee and employer contributions 12 actually paid, based on the actual gross salary received and 13 the contribution rates in effect for the period of his or her 14 tenure in office; and 15 2.b. The total contributions which would have been 16 required at the time the service was rendered for the subclass 17 of elected state officers' service being purchased, based on 18 the actual gross salary received or on a gross salary of 19 $1,000 per month, whichever is greater, multiplied by the 20 contribution rates required, as follows: 21 a.(I) The contribution rates in effect at the time the 22 service was rendered for the subclass of elected state 23 officers' service being purchased; or 24 b.(II) The contribution rates in effect on July 1, 25 1972, for such service rendered before July 1, 1972, by an 26 elected officer who held an elective office included within 27 the Elected State Officers' Class upon its creation; or 28 c.(III) The contribution rates in effect for the 29 appropriate subclass on the date of inclusion of the elective 30 office within the Elected State and County Officers' Class, as 31 set forth in subsection (2); or 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 d.(IV) For service as an elected county officer before 2 July 1, 1981, the contribution rate applicable for the 3 legislative subclass of the Elected State Officers' Class, 4 5 plus interest thereon at the rate of 4 percent per year 6 compounded annually each June 30 from the date of such service 7 until July 1, 1975, and at the rate of 6.5 percent per year 8 thereafter until the date of payment. 9 2. A former elected officer who held office after his 10 or her subclass of the Elected State and County Officers' 11 Class was established, and who opted for membership in another 12 membership class of the Florida Retirement System rather than 13 the Elected State and County Officers' Class, shall pay a sum 14 equal to the difference between the amounts derived under 15 sub-subparagraphs a. and b.: 16 a. The total employee and employer contributions 17 actually paid, based on the actual gross salary received and 18 the contribution rates in effect for the period of his or her 19 tenure in office within the purview of the class; and 20 b. The total contributions which would have been 21 required at the time the service was rendered for the subclass 22 of elected state officers' service being purchased, based on 23 the actual gross salary received or on a gross salary of 24 $1,000 per month, whichever is greater, multiplied by the 25 contribution rates required, as follows: 26 (I) The contribution rates in effect at the time the 27 service was rendered for the subclass of elected state or 28 county officers' service being purchased; or 29 (II) The contribution rates in effect on July 1, 1972, 30 for such service rendered before July 1, 1972, by an elected 31 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 officer who held an elective office included within the 2 Elected State Officers' Class upon its creation; or 3 (III) The contribution rates in effect for the 4 appropriate subclass on the date of inclusion of the elective 5 office within the Elected State and County Officers' Class, as 6 set forth in subsection (2); or 7 (IV) For service as an elected county officer before 8 July 1, 1981, the contribution rate applicable for the 9 legislative subclass of the Elected State Officers' Class, 10 11 plus interest thereon at the rate of 4 percent per year 12 compounded annually each June 30 from the date of such service 13 until July 1, 1975, and at the rate of 6.5 percent per year 14 thereafter until the date of payment. 15 (c) Notwithstanding any provision of this subsection 16 to the contrary, a current or former member of the Elected 17 State and County Officers' Class, or a former an elected state 18 officer as described in paragraph (a), may elect to claim who 19 purchases additional retirement credit in the Elected State 20 and County Officers' Class pursuant to paragraph (a) upon 21 payment of the required during the period from January 1, 22 1991, to June 30, 1991, shall be required to pay one-half the 23 contributions and interest due the Florida Retirement System 24 Trust Fund, and an equal amount shall be paid by the employer. 25 The current or former employer of such officer may elect to 26 pay any portion of the total required employee and employer 27 contributions and interest due on behalf of such member, 28 provided such payment is made prior to January 1, 1998. No 29 contributions shall be paid by the employer on behalf of any 30 elected state officer who purchases such retirement credit 31 after June 30, 1991. 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 Section 4. Paragraph (b) of subsection (1) of section 2 121.053, Florida Statutes, is amended to read: 3 121.053 Participation in the Elected State and County 4 Officers' Class for retired members.-- 5 (1) 6 (b) Any retired member of the Florida Retirement 7 System, or any existing system as defined in s. 121.021(2), 8 who, on or after July 1, 1990, is serving in, or is elected or 9 appointed to, an elective office covered by the Elected State 10 and County Officers' Class shall be enrolled in the 11 appropriate subclass of the Elected State and County Officers' 12 Class of the Florida Retirement System, and applicable 13 contributions shall be paid into the Florida Retirement System 14 Trust Fund as provided in s. 121.052(7). Pursuant thereto: 15 1. Any such retired member shall be eligible to 16 continue to receive retirement benefits as well as 17 compensation for the elected officer service for as long as he 18 or she remains in an elective office covered by the Elected 19 State and County Officers' Class. 20 2. If any such member serves in an elective office 21 covered by the Elected State and County Officers' Class for a 22 period of at least 8 years, he or she shall be entitled to 23 receive an additional retirement benefit for such elected 24 officer service. 25 3. Such member shall be entitled to purchase 26 additional retirement credit in the Elected State and County 27 Officers' Class for any postretirement service performed in an 28 elected position eligible for the Elected State and County 29 Officers' Class prior to July 1, 1990, or in the Regular Class 30 for any postretirement service performed in any other 31 regularly established position prior to July 1, 1991, by 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 paying the applicable Elected State and County Officers' Class 2 or Regular Class employee and employer contributions for the 3 period being claimed, plus 4 percent interest compounded 4 annually from the first year of service claimed until July 1, 5 1975, and 6.5 percent interest compounded thereafter, until 6 full payment is made to the Florida Retirement System Trust 7 Fund. The contribution for postretirement Regular Class 8 service between July 1, 1985, and July 1, 1991, for which the 9 reemployed retiree contribution was paid, shall be the 10 difference between such contribution and the total applicable 11 contribution for the period being claimed, plus interest. The 12 employer of such member may pay the applicable employer 13 contribution in lieu of the member. 14 4. No creditable service for which credit was 15 received, or which remained unclaimed, at retirement may be 16 claimed or applied toward service credit earned following 17 renewed membership. However, service earned in accordance with 18 the renewed membership provisions for the Regular Class in s. 19 121.122 may be used in conjunction with creditable service 20 earned under this paragraph, provided applicable vesting 21 requirements and other existing statutory conditions required 22 by this chapter are met. 23 Section 5. Paragraphs (f), (g), and (h) of subsection 24 (1) of section 121.055, Florida Statutes, 1996 Supplement, are 25 redesignated as paragraphs (g), (h), and (i), respectively, 26 and a new paragraph (f) is added to said subsection, and 27 paragraphs (e) and (f) of subsection (6), are amended to read: 28 121.055 Senior Management Service Class.--There is 29 hereby established a separate class of membership within the 30 Florida Retirement System to be known as the "Senior 31 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 Management Service Class," which shall become effective 2 February 1, 1987. 3 (1) 4 (f) Effective July 1, 1997: 5 1. Any elected state officer eligible for membership 6 in the Elected State and County Officers' Class under s. 7 121.052(2)(a), (b), or (c) who elects membership in the Senior 8 Management Service Class under s. 121.052(3)(c) may, within 6 9 months of assuming office or within 6 months of this act 10 becoming law for serving elected state officers, elect to 11 participate in the Senior Management Service Optional Annuity 12 Program, as provided in subsection (6), in lieu of membership 13 in the Senior Management Service Class. 14 2. Any elected county officer eligible for membership 15 in the Elected State and County Officers' Class under s. 16 121.052(2)(d) who elects membership in the Senior Management 17 Service Class under s. 121.052(3)(c) may, within 6 months of 18 assuming office, or within 6 months of this act becoming law 19 for serving elected county officers, elect to participate in a 20 lifetime monthly annuity program, as provided in subparagraph 21 (1)(b)2., in lieu of membership in the Senior Management 22 Service Class. 23 (6) 24 (e)1. Benefits shall be payable under the Senior 25 Management Service Optional Annuity Program only to 26 participants in the program or their beneficiaries, and such 27 benefits shall be paid by the designated company in accordance 28 with the terms of the annuity contract or contracts applicable 29 to the participant. Benefits funded by employer contributions 30 shall be payable only as a lifetime annuity to the 31 participant, his beneficiary, or estate, except for: 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 a. A lump sum payment to the beneficiary upon the 2 death of the participant; or 3 b. A cash-out of a de minimis account upon the request 4 of a former participant who has been terminated for a minimum 5 of 6 months from the employment that entitled him to Optional 6 Retirement Program participation. A de minimis account is an 7 account with a provider company containing employer 8 contributions and accumulated earnings of not more than $3,500 9 made under the provisions of this chapter. Such cash-out must 10 be a complete liquidation of the account balance with that 11 company and shall be subject to the provisions of the Internal 12 Revenue Code. 13 2. The benefits payable to any person under the Senior 14 Management Service Optional Annuity Program, and any 15 contribution accumulated under such program, shall not be 16 subject to assignment, execution, or attachment or to any 17 legal process whatsoever. 18 (f)1. The Senior Management Service Optional Annuity 19 Program authorized by this section shall be administered by 20 the Division of Retirement. The division shall designate one 21 or more provider companies from which annuity contracts may be 22 purchased under the program and shall approve the form and 23 content of the contracts. 24 2. Effective July 1, 1997, the State Board of 25 Administration shall review and make recommendations to the 26 division on the acceptability of all investment products 27 proposed by provider companies of the optional annuity program 28 before such products are offered through annuity contracts to 29 the participants, and may advise the division of any changes 30 deemed necessary to ensure that the optional annuity program 31 offers an acceptable mix of investment products. The division 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 shall make the final determination as to whether an investment 2 product will be approved for the program. 3 3.2. The provisions of each contract applicable to a 4 participant in the Senior Management Service Optional Annuity 5 Program shall be contained in a written program description 6 which shall include a report of pertinent financial and 7 actuarial information on the solvency and actuarial soundness 8 of the program and the benefits applicable to the participant. 9 Such description shall be furnished by the company or 10 companies to each participant in the program and to the 11 division upon commencement of participation in the program and 12 annually thereafter. 13 4.3. The division shall ensure that each participant 14 in the Senior Management Service Optional Annuity Program is 15 provided an accounting of the total contribution and the 16 annual contribution made by and on behalf of such 17 participants. 18 Section 6. The current or former employer of the 19 member claiming service credit as provided in s. 20 121.052(5)(c), may elect to pay any portion of the required 21 contributions provided such payment is made prior to January 22 1, 1998. This section is repealed effective January 1, 1998. 23 Section 7. Paragraph (i) is added to subsection (5) of 24 section 121.091, Florida Statutes, 1996 Supplement, and 25 paragraph (d) of subsection (6) is amended, to read: 26 121.091 Benefits payable under the system.--No 27 benefits shall be paid under this section unless the member 28 has terminated employment as provided in s. 121.021(39) and a 29 proper application has been filed in the manner prescribed by 30 the division. 31 (5) TERMINATION BENEFITS.-- 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 (i) Any beneficiary who is found guilty by a verdict 2 of a jury, or by the court trying the case without a jury, or 3 who has entered a plea of guilty or of nolo contendere, of 4 unlawfully and intentionally killing or procuring the death of 5 the member, shall forfeit all rights to the deceased member's 6 benefits under this chapter and the benefits will be paid as 7 if such beneficiary had predeceased the decedent. No benefits 8 shall be paid by the division pending final resolution of such 9 charges against the beneficiary. 10 (6) OPTIONAL FORMS OF RETIREMENT BENEFITS AND 11 DISABILITY RETIREMENT BENEFITS.-- 12 (d) A member who elects the option in subparagraph 13 (a)3. or subparagraph (a)4. shall, on a form provided for that 14 purpose, designate a joint annuitant to receive the benefits 15 which continue to be payable upon the death of the member. 16 After benefits have commenced under the option in subparagraph 17 (a)3. or subparagraph (a)4., a retired member may change his 18 or her designation of a joint annuitant only twice. If such a 19 retired member desires to change his or her designation of a 20 joint annuitant, he or she shall file with the division a 21 notarized "change of joint annuitant" form and shall notify 22 the former joint annuitant in writing of such change. 23 Effective the first day of the next month following Upon 24 receipt by the division of a completed change of joint 25 annuitant form, the division shall adjust the member's monthly 26 benefit by the application of actuarial tables and 27 calculations developed to ensure that the benefit paid is the 28 actuarial equivalent of the present value of the member's 29 current benefit. The consent of a retired member's first 30 designated joint annuitant to any such change shall not be 31 required. However, if the member dies prior to the effective 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 date of the request for change of joint annuitant, the 2 requested change shall be void and survivor benefits, if any, 3 shall be paid as if no request had been made. 4 Section 8. Section 121.1115, Florida Statutes, 1996 5 Supplement, is amended to read: 6 121.1115 Purchase of retirement credit for 7 out-of-state and federal service.--Effective January 1, 1995, 8 a member of the Florida Retirement System may purchase 9 creditable service for periods of public employment in another 10 state and receive creditable service for such periods of 11 employment. Service with the Federal Government, including 12 any military service, may be claimed. Upon completion of each 13 year of service earned under the Florida Retirement System, a 14 member may purchase up to 1 year of retirement credit for his 15 or her out-of-state service, subject to the following 16 provisions: 17 (1) LIMITATIONS AND CONDITIONS.--To receive credit for 18 the out-of-state service: 19 (a) The out-of-state service being claimed must have 20 been: 21 1. Performed in a position of employment with the 22 state or a political subdivision thereof, or with the Federal 23 Government; 24 2. Covered by a retirement or pension plan provided by 25 the state or political subdivision or by the Federal 26 Government, as appropriate; and 27 3. Performed prior to a period of membership in the 28 Florida Retirement System. 29 (b) The member must have completed a minimum of 10 30 years of creditable service under the Florida Retirement 31 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 System, excluding out-of-state service and in-state service 2 claimed and purchased under s. 121.1120. 3 (c) Not more than 5 years of creditable service may be 4 claimed for creditable service aggregated under the provisions 5 of this section. 6 (d) The out-of-state service credit claimed under this 7 section shall be credited only as service in the Regular Class 8 of membership, and any benefit or pension based thereon shall 9 be subject to the limitations and restrictions of s. 112.65. 10 (e) A member shall be eligible to receive service 11 credit for out-of-state service performed after leaving the 12 Florida Retirement System only upon return to membership and 13 completion of at least 1 year of creditable service in the 14 Florida Retirement System following the out-of-state service. 15 Military service may not be claimed under this section as 16 out-of-state service. 17 (2) COST.--For each year claimed, the member must pay 18 into the System Trust Fund an amount equal to 20 percent of 19 the member's annual compensation for the first full work year 20 of creditable service earned under the Florida Retirement 21 System, but not less than $12,000, plus interest at 6.5 22 percent compounded annually from the date of first annual 23 salary earned until full payment is made. The employer may pay 24 all or a portion of the cost of this service credit. 25 Section 9. Section 121.1120, Florida Statutes, is 26 created to read: 27 121.1120 Purchase of retirement credit for in-state 28 public service and in-state service in accredited nonpublic 29 schools and colleges, including charter schools.--Effective 30 January 1, 1998, a member of the Florida Retirement System may 31 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 purchase creditable service for periods of certain public or 2 nonpublic employment performed in Florida, as provided herein. 3 (1) PURCHASE OF RETIREMENT CREDIT AUTHORIZED.--Subject 4 to the provisions of subsections (2) and (3), a member of the 5 Florida Retirement System may purchase up to 5 years of 6 retirement credit for: 7 (a) Periods of public employment in Florida; or 8 (b) Periods of employment in charter schools or in any 9 nonpublic school or college in Florida that is accredited by 10 the Southern Association of Colleges and Schools. 11 12 Credit for 1 year of such service may be purchased for each 13 year of creditable service a member completes under the 14 Florida Retirement System. 15 (2) LIMITATIONS AND CONDITIONS.-- 16 (a) No member shall be eligible to receive credit for 17 in-state service under this section until he or she has 18 completed 10 years of creditable service under the Florida 19 Retirement System, excluding service purchased under this 20 section and out-of-state service claimed and purchased under 21 s. 121.1115. 22 (b) No member shall be permitted to purchase and 23 receive credit for more than 5 years of creditable service 24 aggregated under the provisions of this section and s. 25 121.1115. 26 (c) Service credit claimed under this section shall be 27 credited only as service in the Regular Class of membership 28 and shall be subject to the provisions of s. 112.65. 29 (d) A member shall be eligible to receive service 30 credit for in-state service performed after leaving the 31 Florida Retirement System only upon returning to membership 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 and completing at least 1 year of creditable service in the 2 Florida Retirement System following the in-state service. 3 (3) COST.--The cost to purchase retirement credit 4 under this section shall be calculated in the same manner as 5 set forth in s. 121.1115(2), for purchase of credit for 6 out-of-state service. 7 Section 10. Section 121.122, Florida Statutes, is 8 amended to read: 9 121.122 Renewed membership in system.--Except as 10 provided in s. 121.053, effective July 1, 1991, any retiree of 11 a state-administered retirement system who is employed in a 12 regularly established position with a covered employer shall 13 be enrolled as a compulsory member of the Regular Class of the 14 Florida Retirement System, or, effective July 1, 1997, any 15 retiree of a state-administered retirement system who is 16 employed in a position included in the Senior Management 17 Service Class shall be enrolled as a compulsory member of the 18 Senior Management Service Class of the Florida Retirement 19 System as provided in s. 121.055, and shall be entitled to 20 receive an additional retirement benefit, subject to the 21 following conditions: 22 (1)(a) Such member shall resatisfy the age and service 23 requirements as provided in this chapter for initial 24 membership under the system, unless such member elects to 25 participate in the Senior Management Service Optional Annuity 26 Program in lieu of the Senior Management Service Class as 27 provided in s. 121.055(6). 28 (b) Such member shall not be entitled to disability 29 benefits as provided in s. 121.091(4). 30 31 21 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 (c) Such member must meet the reemployment after 2 retirement limitations as provided in s. 121.091(9), as 3 applicable. 4 (2) Upon renewed membership, the employer of such 5 member shall pay the applicable employer contributions as 6 required by s. 121.055(3) and s. 121.071(1)(a) and (4). 7 (3) Such member shall be entitled to purchase 8 additional retirement credit in the Regular Class for any 9 postretirement service performed in a regularly established 10 position prior to July 1, 1991, by paying the Regular Class 11 applicable employee and employer contributions for the period 12 being claimed, plus 4 percent interest compounded annually 13 from first year of service claimed until July 1, 1975, and 6.5 14 percent interest compounded thereafter, until full payment is 15 made to the Florida Retirement System Trust Fund. The 16 contribution for postretirement service between July 1, 1985, 17 and July 1, 1991, for which the reemployed retiree 18 contribution was paid, shall be the difference between such 19 contribution and the total applicable contribution for the 20 period being claimed, plus interest. The employer of such 21 member may pay the applicable employer contribution in lieu of 22 the member. 23 (4) No creditable service for which credit was 24 received, or which remained unclaimed, at retirement may be 25 claimed or applied toward service credit earned following 26 renewed membership. However, service earned as an elected 27 officer with renewed membership in the Elected State and 28 County Officers' Class may be used in conjunction with 29 creditable service earned under this section, provided the 30 applicable vesting requirements and other existing statutory 31 conditions required by this chapter are met. 22 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 (5) Notwithstanding any other limitations provided in 2 this section, a participant of the State University System 3 Optional Retirement Program or the Senior Management Service 4 Optional Annuity Program who terminated employment and 5 commenced receiving an annuity under the provisions of the 6 optional program, who renews membership in the Regular Class 7 as required by this section upon reemployment after 8 retirement, and who had previously earned creditable Florida 9 Retirement System service that was not included in any 10 retirement benefit may include such previous service toward 11 vesting and service credit in the second career benefit 12 provided under renewed membership. 13 (6) Any renewed member who is not receiving the 14 maximum health insurance subsidy provided in s. 112.363 shall 15 be entitled to earn additional credit toward the maximum 16 health insurance subsidy. Any additional subsidy due because 17 of such additional credit shall be received only at the time 18 of payment of the second career retirement benefit. In no 19 case shall the total health insurance subsidy received by a 20 retiree receiving benefits from initial and renewed membership 21 exceed the maximum allowed in s. 112.363. 22 Section 11. Paragraph (a) of subsection (2) of section 23 121.23, Florida Statutes, 1996 Supplement, is amended to read: 24 121.23 Disability retirement and special risk 25 membership applications; Retirement Commission; powers and 26 duties; judicial review.--The provisions of this section apply 27 to all proceedings in which the administrator has made a 28 written final decision on the merits respecting applications 29 for disability retirement, reexamination of retired members 30 receiving disability benefits, applications for special risk 31 membership, and reexamination of special risk members in the 23 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 Florida Retirement System. The jurisdiction of the State 2 Retirement Commission under this section shall be limited to 3 written final decisions of the administrator on the merits. 4 (2) A member shall be entitled to a hearing before the 5 State Retirement Commission pursuant to ss. 120.569 and 6 120.57(1) on the merits of any written adverse decision of the 7 administrator, if he or she files with the commission a 8 written request for such hearing within 21 days after receipt 9 of such written decision from the administrator. For the 10 purpose of such hearings, the commission shall be an "agency 11 head" as defined by s. 120.52. 12 (a) The commission shall have the authority to issue 13 orders as a result of a hearing that shall be binding on all 14 parties to the dispute. The commission may order any action 15 that it deems appropriate. Any disability retirement order of 16 the commission issued pursuant to this subsection which 17 sustains the application of the member may include an amount, 18 to be determined by the commission, for reasonable attorney's 19 fees and taxable cost which shall be calculated in accordance 20 with the statewide uniform guidelines for taxation of cost in 21 civil actions. The amount of the attorney's fee shall not 22 exceed 50 percent of the initial yearly benefit awarded under 23 s. 121.091(4). In cases involving disability retirement, the 24 State Retirement Commission shall require the member to 25 present competent medical evidence and may require vocational 26 evidence before awarding disability retirement benefits. 27 Section 12. Paragraph (b) of subsection (3), 28 paragraphs (a) and (d) of subsection (4), and paragraph (a) of 29 subsection (5) of section 121.35, Florida Statutes, are 30 amended, and paragraphs (c) and (d) of subsection (6) are 31 24 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 redesignated as paragraphs (d) and (e), respectively, and a 2 new paragraph (c) is added to said subsection, to read: 3 121.35 Optional retirement program for the State 4 University System.-- 5 (3) ELECTION OF OPTIONAL PROGRAM.-- 6 (a) Any eligible employee who is employed on or before 7 March 1, 1984, may elect to participate in the optional 8 retirement program in lieu of participation in the Florida 9 Retirement System. Such election shall be made in writing and 10 filed with the division and the personnel officer of the 11 employer on or before June 1, 1984. Upon such election, 12 participation in the optional program will take effect July 1, 13 1984, and election to so participate will terminate the 14 membership of the employee in the Florida Retirement System. 15 Any eligible employee who is employed on or before March 1, 16 1984, and who fails to make an election to participate in the 17 optional program by June 1, 1984, shall be deemed to have 18 elected to retain membership in the Florida Retirement System. 19 (b)1. Any employee who becomes eligible to participate 20 in the optional retirement program by reason of initial 21 employment commencing after March 1, 1984, but before January 22 1, 1993, may, within 90 days after the date of commencement of 23 employment, elect to participate in the optional program. Such 24 election shall be made in writing and filed with the personnel 25 officer of the employer. The eligible employees described in 26 this subparagraph shall be enrolled in the Florida Retirement 27 System at the commencement of employment, with the exception 28 of those employees who file an election with the personnel 29 officer of the employer prior to the submission of the initial 30 payroll for the employee. For such employees, participation 31 will be effective on the first day of employment or on July 1, 25 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 1984, whichever is later. If an eligible employee, as 2 described in this subparagraph, files an election to 3 participate in the optional program within 90 days after the 4 commencement of employment, but after the submission by the 5 employer of the initial payroll for the employee, the 6 employee's participation in the optional program will not be 7 effective until the first day of the month for which a full 8 month's employer contribution may be made, or until July 1, 9 1984, whichever is later. Any eligible employee who does not 10 within 90 days after commencement of such employment elect to 11 participate in the optional program shall be deemed to have 12 elected to retain membership in the Florida Retirement System. 13 2. Any employee who after March 1, 1984, but before 14 January 1, 1993, becomes eligible to participate in the 15 optional program by reason of a change in status due to the 16 subsequent designation of the employee's position as one of 17 those specified in paragraph (2)(a) or due to the employee's 18 appointment, promotion, transfer, or reclassification to a 19 position specified in paragraph (2)(a) may elect to 20 participate in the optional program. Such employee shall be 21 notified by the employer of the change in his or her 22 eligibility status. Such employee may, within 90 days after 23 the date of such notification, file with the personnel officer 24 of the employer an election in writing to participate in the 25 optional program in lieu of participation in the Florida 26 Retirement System. Upon such election, participation in the 27 optional program will be effective on the first day of the 28 month for which a full month's employer contribution may be 29 made or on July 1, 1984, whichever is later. Election to so 30 participate shall terminate the membership of the employee in 31 the Florida Retirement System. Any eligible employee who does 26 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 not within 90 days after notification of his or her 2 eligibility to participate in the optional program elect to 3 participate in the program shall be deemed to have elected to 4 retain membership in the Florida Retirement System. 5 3. Notwithstanding the provisions of paragraph (c), 6 effective July 1, 1997, any employee who is eligible to 7 participate in the Optional Retirement Program and who fails 8 to execute an annuity contract with one of the approved 9 companies and to notify the division in writing as provided in 10 subsection (4) within 90 days of the date of eligibility shall 11 be deemed to have elected membership in the Florida Retirement 12 System, except as provided in s. 121.051(1)(a). This 13 provision shall also apply to any employee who terminates 14 employment in an eligible position prior to executing the 15 required annuity contract and notifying the division. Such 16 membership shall be retroactive to the date of eligibility and 17 all appropriate contributions shall be transferred to the 18 Florida Retirement System Trust Fund. 19 (4) CONTRIBUTIONS.-- 20 (a) Each employer shall contribute on behalf of each 21 participant in the optional retirement program an amount equal 22 to the normal cost portion of the employer retirement 23 contribution which would be required if the participant were a 24 regular member of the Florida Retirement System, plus the 25 portion of the contribution rate required in s. 112.363(8) 26 that would otherwise be assigned to the Retiree Health 27 Insurance Subsidy Trust Fund, less an amount approved by the 28 Legislature which shall be deducted by the division to provide 29 for the administration of this program. The payment of the 30 contributions to the optional program which is required by 31 this paragraph for each participant shall be made by the 27 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 employer to the division, which shall forward the 2 contributions to the designated company or companies 3 contracting for payment of benefits for the participant under 4 the program. However, such contributions paid on behalf of an 5 employee described in paragraph (3)(c) shall not be forwarded 6 to a company and shall not begin to accrue interest until the 7 employee has executed an annuity contract and notified the 8 division. The contributions required by this paragraph and 9 paid on behalf of an employee described in paragraph (3)(c) 10 who fails to execute an annuity contract prior to termination 11 of employment shall be retained by the division for the 12 administration of this program. 13 (d) Each participant in the optional retirement 14 program who has executed an annuity contract may contribute by 15 way of salary reduction or deduction a percentage amount of 16 the participant's gross compensation not to exceed the 17 percentage amount contributed by the employer to the optional 18 program, but in no case shall such contributions exceed 19 federal limitations. Payment of the participant's 20 contributions shall be made by the financial officer of the 21 employer to the division which shall forward the contributions 22 to the designated company or companies contracting for payment 23 of benefits for the participant under the program. 24 (5) BENEFITS.-- 25 (a) Benefits shall be payable under the optional 26 retirement program only to vested participants in the program 27 or their beneficiaries, and such benefits shall be paid only 28 by the designated company in accordance with the terms of the 29 annuity contract or contracts applicable to the participant. 30 Benefits funded by employer contributions shall be payable 31 28 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 only as a lifetime annuity to the participant, his 2 beneficiary, or estate, except for: 3 1. A lump sum payment to the beneficiary upon the 4 death of the participant; or 5 2. A cash-out of a de minimis account upon the request 6 of a former participant who has been terminated for a minimum 7 of 6 months from the employment that entitled him to Optional 8 Retirement Program participation. A de minimis account is an 9 account with a provider company containing employer 10 contributions and accumulated earnings of not more than $3,500 11 made under the provisions of this chapter. Such cash-out must 12 be a complete liquidation of the account balance with that 13 company and shall be subject to the provisions of the Internal 14 Revenue Code. 15 (6) ADMINISTRATION OF PROGRAM.-- 16 (c) Effective July 1, 1997, the State Board of 17 Administration shall review and make recommendations to the 18 division on the acceptability of all investment products 19 proposed by provider companies of the Optional Retirement 20 Program before they are offered through annuity contracts to 21 the participants, and may advise the division of any changes 22 deemed necessary to ensure that the Optional Retirement 23 Program offers an acceptable mix of investment products. The 24 division shall make the final determination as to whether an 25 investment product will be approved for the program. 26 Section 13. Sections 123.10, 123.12, 123.16, 123.18, 27 123.21, 123.22, 123.23, 123.27, 123.28, 123.30, 123.31, 28 123.32, 123.33, 123.34, 123.35, 123.37, 123.38, 123.39, 29 123.41, 123.42, 123.43, 123.44, and 123.45, all Florida 30 Statutes; sections 123.02, 123.03, 123.04, 123.05, 123.051, 31 123.06, 123.08, 123.13, 123.14, 123.15, 123.17, 123.19, 29 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 123.26, 123.29, and 123.40, Florida Statutes, as amended by 2 chapter 95-147; sections 123.11, 123.24, 123.25, and 123.36, 3 Florida Statutes, as amended by chapter 95-154, Laws of 4 Florida; section 123.01, Florida Statutes, as amended by 5 chapter 94-249, Laws of Florida; and section 123.07, Florida 6 Statutes, as amended by chapters 95-147 and 95-154, Laws of 7 Florida, are hereby repealed. 8 Section 14. The Division of Retirement shall have 9 rulemaking authority for implementing all the provisions of 10 this act. 11 Section 15. There is hereby appropriated from the 12 Florida Retirement System Trust Fund sufficient funds, not to 13 exceed $300,000 annually, to pay attorney's fees and taxable 14 costs as directed by the State Retirement Commission in 15 accordance with s. 121.123(2)(a). 16 Section 16. The Legislature finds that a proper and 17 legitimate state purpose is served when employees and retirees 18 of the state and of its political subdivisions, and the 19 dependents, survivors, and beneficiaries of such employees and 20 retirees, are extended the basic protections afforded by 21 governmental retirement systems that provide fair and adequate 22 benefits and that are managed, administered, and funded in an 23 actuarially sound manner, as required by section 14, Article X 24 of the State Constitution and part VII of chapter 112 of the 25 Florida Statutes. Therefore, the Legislature hereby 26 determines and declares that the provisions of this act 27 fulfill an important state interest. 28 Section 17. Except as otherwise provided herein, this 29 act shall take effect upon becoming a law. 30 31 30 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 905 209-206-97 1 ***************************************** 2 HOUSE SUMMARY 3 Revises the provisions of the Florida Retirement System 4 to: 1. Provide for the purchase of retirement credit 5 under the system following reinstatement after suspension or dismissal under described circumstances. 6 2. Define the term "phased retirement program" to mean a program contracted by the governing board of a 7 university or community college in which retirees may be reemployed in faculty positions under described 8 circumstances. 3. Provide that described elected officers may opt 9 for membership in the Senior Management Class and to clarify provisions with respect to the purchase of 10 retirement credit for upgraded service by described elected officers and former elected officers. 11 4. Permit described elected officers to participate in the Senior Management Service Optional Annuity Program 12 which will allow for payment only as a lifetime annuity with described exceptions. 13 5. Provide for State Board of Administration review of investment products. 14 6. Provide for the forfeiture of benefits for a beneficiary who intentionally killed or procured the 15 death of the member. 7. Authorize the purchase of described out-of-state 16 and in-state service. 8. Provide for reasonable attorney's fees for 17 disability retirement orders of the State Retirement Commission under described circumstances. 18 9. Provide that described employees who are eligible to participate in the Optional Retirement Program, but 19 who fail to execute an annuity contract and to notify the Division of Retirement shall be deemed to have elected 20 membership in the Florida Retirement System. 10. Repeal chapter 123, F.S., relating to the 21 retirement system for Supreme Court justices, District Courts of Appeal judges, and Circuit judges. 22 23 See bill for details. 24 25 26 27 28 29 30 31 31