House Bill 1489

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    Florida House of Representatives - 1999                HB 1489

        By Representative Bloom






  1                      A bill to be entitled

  2         An act relating to trust funds; amending s.

  3         121.091, F.S.; creating the Florida Retirement

  4         System Preservation of Benefit Plan Trust Fund;

  5         providing for administration by the Division of

  6         Retirement; providing an exemption from

  7         termination; providing an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Subsection (15) is added to section

12  121.091, Florida Statutes, 1998 Supplement, to read:

13         121.091  Benefits payable under the system.--Benefits

14  may not be paid under this section unless the member has

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

16  begun participation in the Deferred Retirement Option Program

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

18  been filed in the manner prescribed by the division. The

19  division may cancel an application for retirement benefits

20  when the member or beneficiary fails to timely provide the

21  information and documents required by this chapter and the

22  division's rules. The division shall adopt rules establishing

23  procedures for application for retirement benefits and for the

24  cancellation of such application when the required information

25  or documents are not received.

26         (15)  The Florida Retirement System Preservation of

27  Benefit Plan Trust Fund is hereby created.

28         (a)  Contributions to the preservation plan shall be

29  deposited in this trust fund which shall be established and

30  administered by the Division of Retirement.  The trust fund

31  shall be maintained and utilized solely for the purpose of

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    Florida House of Representatives - 1999                HB 1489

    252-375-99






  1  providing benefits under the preservation plan.  Income

  2  accruing to the trust fund shall constitute income derived

  3  from the exercise of an essential governmental function upon

  4  which such trust fund shall be exempt from tax under s. 115 of

  5  the Internal Revenue Code.  The trust fund moneys and assets

  6  used to provide benefits under the preservation plan shall not

  7  be commingled with the moneys and assets of the remainder of

  8  the Florida Retirement System or of any other qualified plan.

  9  The preservation plan and the trust fund created hereunder

10  shall never receive any transfer of moneys or assets from the

11  remainder of the Florida Retirement System or any other

12  qualified plan.

13         (b)  Title to the beneficial ownership of any assets,

14  whether cash or other investments which the employers may

15  earmark to pay any amount under the preservation plan, shall

16  at all times remain in the employer until used to pay benefits

17  under the preservation plan, administrative expenses, or

18  employer taxes, if any.  Participants and other persons

19  receiving benefits under the preservation plan shall not have

20  any property or ownership interest whatsoever in any specific

21  assets of the employer.

22         (c)  The obligation of the employer to make payments

23  pursuant to the preservation plan shall be according to law.

24  No participant or other person receiving benefits hereunder

25  shall have a preferred claim or lien on any assets of the

26  employer.

27         (d)  The benefit liabilities of the preservation plan

28  shall be funded on a plan year to plan year basis.  The trust

29  fund assets required hereunder shall not be accumulated to pay

30  benefits payable in future years.  Any assets of the trust

31  fund not used for paying benefits for a current plan year

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    Florida House of Representatives - 1999                HB 1489

    252-375-99






  1  shall be used, as determined by the Division of Retirement,

  2  for the payment of administrative expenses of the preservation

  3  plan for the current year or for future plan years.

  4         (e)  The Florida Retirement System Preservation of

  5  Benefit Plan Trust Fund is a trust fund described in s.

  6  19(f)(3), Art. III of the State Constitution, and therefore is

  7  not subject to termination pursuant to s. 19(f)(2), Art. III

  8  of the State Constitution.

  9         Section 2.  This act shall take effect July 1, 1999, if

10  HB   or similar legislation is adopted in the same legislative

11  session or an extension thereof.

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15                          HOUSE SUMMARY

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      Creates the Florida Retirement System Preservation of
17    Benefit Plan Trust Fund to be administered by the
      Division of Retirement.  Provides an exemption from
18    termination.  See bill for details.

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