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





                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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 1                                 .
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 2                                 .
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 3                                 .
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 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Webster moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Subsections (4) and (5) of section 112.63,

18  Florida Statutes, are amended to read:

19         112.63  Actuarial reports and statements of actuarial

20  impact; review.--

21         (4)  Upon receipt, pursuant to subsection (2), of an

22  actuarial report, or upon receipt, pursuant to subsection (3),

23  of a statement of actuarial impact, the division shall

24  acknowledge such receipt, but shall only review and comment on

25  each retirement system's or plan's the actuarial valuations at

26  least on a triennial basis and statements.  If the division

27  finds that the actuarial valuation is not complete, accurate,

28  or based on reasonable assumptions, or if the division does

29  not receive the actuarial report or statement of actuarial

30  impact, the division shall notify the local government and

31  request appropriate adjustment. If, after a reasonable period

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  of time, a satisfactory adjustment is not made, the affected

 2  local government or the division may petition for a hearing

 3  under the provisions of ss. 120.569 and 120.57. If the

 4  administrative law judge recommends in favor of the division,

 5  the division shall perform an actuarial review or prepare the

 6  statement of actuarial impact. The cost to the division of

 7  performing such actuarial review or preparing such statement

 8  shall be charged to the governmental entity of which the

 9  employees are covered by the retirement system or plan.  If

10  payment of such costs is not received by the division within

11  60 days after receipt by the governmental entity of the

12  request for payment, the division shall certify to the

13  Comptroller the amount due, and the Comptroller shall pay such

14  amount to the division from any funds payable to the

15  governmental entity of which the employees are covered by the

16  retirement system or plan.  If the administrative law judge

17  recommends in favor of the local retirement system and the

18  division performs an actuarial review, the cost to the

19  division of performing the actuarial review shall be paid by

20  the division.

21         (5)  Payments made to the fund as required by this

22  chapter shall be based on the normal and past service costs

23  contained in the state-accepted version of the most recent

24  actuarial valuation, subject to being state-accepted.

25         Section 2.  Subsection (2) of section 112.65, Florida

26  Statutes, is amended to read:

27         112.65  Limitation of benefits.--

28         (2)  No member of a retirement system or plan covered

29  by this part who is not now a member of such plan shall be

30  allowed to receive a retirement benefit or pension which is in

31  part or in whole based upon any service with respect to which

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  the member is already receiving, or will receive in the

 2  future, a retirement benefit or pension from a different

 3  employer's another retirement system or plan.  This

 4  restriction does not apply to social security benefits or

 5  federal benefits under chapter 67, Title 10, U.S. Code.

 6         Section 3.  Paragraph (b) of subsection (2) of section

 7  and paragraph (e) of subsection (3) of section 121.011,

 8  Florida Statutes, 1998 Supplement, are amended to read:

 9         121.011  Florida Retirement System.--

10         (2)  CONSOLIDATION OF EXISTING SYSTEMS AND LAWS.--

11         (b)  The chapters or retirement system laws named in

12  paragraph (a) are hereby consolidated as separate instruments

13  appended to the "Florida Retirement System Act" established by

14  this chapter, and the administration of said chapters or

15  retirement systems shall be consolidated with the

16  administration of the Florida Retirement System established by

17  this chapter, and the Florida Retirement System shall assume

18  all liabilities related to the payment of benefits to members

19  and their beneficiaries under the respective retirement

20  systems of the members and their beneficiaries.

21         (3)  PRESERVATION OF RIGHTS.--

22         (e)  Any member of the Florida Retirement System or any

23  member of an existing system under this chapter on July 1,

24  1975, who is not retired and who is, has been, or shall be,

25  suspended and reinstated without compensation shall receive

26  retirement service credit for the period of time from the date

27  of suspension to the date of reinstatement, provided:

28         1.  The creditable service claimed for the period of

29  suspension does not exceed 24 months;

30         2.  The member returns to active employment and remains

31  on the employer's payroll for at least 1 calendar month 30

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  calendar days; and

 2         3.  The member pays into the Retirement System Trust

 3  Fund the total required employer contributions plus the total

 4  employee contributions, if applicable, based on the member's

 5  monthly compensation in effect for the pay period immediately

 6  preceding the period of suspension, prorated for the said

 7  period of suspension, plus interest thereon at a rate of 4

 8  percent per annum compounded annually until July 1, 1975, and

 9  6.5 percent interest thereafter until paid.  If permitted by

10  federal law, the member may pay into the Social Security Trust

11  Fund the total cost, if any, of providing social security

12  coverage for the period of suspension if any social security

13  payments have been made by the employer for the benefit of the

14  member during such period. Should there be any conflict as to

15  payment for social security coverage, the payment for

16  retirement service credit shall be made and retirement service

17  credit granted regardless of such conflict.

18         Section 4.  Paragraph (a) of subsection (17) of section

19  121.021, Florida Statutes, 1998 Supplement, is amended to

20  read:

21         121.021  Definitions.--The following words and phrases

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

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

24         (17)(a)  "Creditable service" of any member means the

25  sum of his or her past service, prior service, military

26  service, out-of-state or non-FRS in-state service, workers'

27  compensation credit, leave-of-absence credit and future

28  service allowed within the provisions of this chapter if all

29  required contributions have been paid and all other

30  requirements of this chapter have been met. However, in no

31  case shall a member receive credit for more than a year's

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  service during any 12-month period. Service by as applied to a

 2  teacher, or a nonacademic employee of a school board, or an

 3  employee of a participating employer other than a school board

 4  whose total employment is to provide services to a school

 5  board for the school year only shall be based on contract

 6  years of employment or school term years of employment, as

 7  provided in chapters 122 and 238, rather than 12-month periods

 8  of employment.

 9         Section 5.  Subsections (1) and (3) of section 121.031,

10  Florida Statutes, are amended  to read:

11         121.031  Administration of system; appropriation;

12  oaths; actuarial studies; public records.--

13         (1)  The Division of Retirement has the authority to

14  adopt shall make such rules pursuant to ss. 120.54 and

15  120.536(1) to implement the provisions of law conferring

16  duties upon the division and to adopt rules as are necessary

17  for the effective and efficient administration of this system.

18  The funds to pay the expenses for such administration of the

19  system are hereby appropriated from the interest earned on

20  investments made for the retirement and social security trust

21  funds and the assessments allowed under chapter 650.

22         (3)  The administrator shall cause an actuarial study

23  of the system to be made at least once every 2 years and shall

24  report the results of such study to the Legislature by

25  February 1 prior to the next legislative session.  Such study

26  shall, at a minimum, conform to the requirements of s. 112.63,

27  with the following exceptions and additions:

28         (a)  The study shall, at a minimum, conform to the

29  requirements of s. 112.63, with the following exceptions and

30  additions:

31         1.(a)  The valuation of plan assets shall be based on a

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  5-year averaging methodology such as that specified in the

 2  United States Department of Treasury Regulations, 26 C.F.R. s.

 3  1.412(c)(2)-1, or a similar accepted approach designed to

 4  attenuate fluctuations in asset values.

 5         2.(b)  The study shall include a narrative explaining

 6  the changes in the covered group over the period between

 7  actuarial valuations and the impact of those changes on

 8  actuarial results.

 9         3.(c)  When substantial changes in actuarial

10  assumptions have been made, the study shall reflect the

11  results of an actuarial assumption as of the current date

12  based on the assumptions utilized in the prior actuarial

13  report.

14         4.(d)  The study shall include an analysis of the

15  changes in actuarial valuation results by the factors

16  generating those changes.  Such analysis shall reconcile the

17  current actuarial valuation results with those results from

18  the prior valuation.

19         5.(e)  The study shall include measures of funding

20  status and funding progress designed to facilitate the

21  assessment of trends over several actuarial valuations with

22  respect to the overall solvency of the system. Such measures

23  shall be adopted by the division and shall be used

24  consistently in all actuarial valuations performed on the

25  system.

26         (b)  The Florida Retirement System Actuarial Assumption

27  Conference which is hereby created shall by consensus develop

28  official information with respect to the economic and

29  noneconomic assumptions and funding methods of the Florida

30  Retirement System necessary to perform the study. Such

31  information shall include: an analysis of the actuarial

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  assumptions and actuarial methods and a determination of

 2  whether changes to the assumptions or methods need to be made

 3  due to experience changes or revised future forecasts. The

 4  members of the conference shall include the Executive Office

 5  of the Governor, the coordinator of the Office of Economic and

 6  Demographic Research, and professional staff of the Senate and

 7  House of Representatives who have forecasting expertise, or

 8  their designees.  The Executive Office of the Governor shall

 9  have the responsibility of presiding over the sessions of the

10  conference.  The State Board of Administration and the

11  Division of Retirement shall be participants, as defined in s.

12  216.134, in the conference.

13         Section 6.  Subsection (6) of section 121.051, Florida

14  Statutes, 1998 Supplement, as amended by chapter 96-423, Laws

15  of Florida, is reenacted to read:

16         121.051  Participation in the system.--

17         (6)  SEASONAL STATE EMPLOYMENT; BLIND VENDING FACILITY

18  OPERATORS.--

19         (a)  Seasonal state employment shall be included under

20  this chapter, and the time limit and procedure for claiming

21  same as set forth in s. 122.07 shall continue under this

22  chapter for those members transferring to this system and for

23  all new members.

24         (b)1.  All blind or partially sighted persons employed

25  or licensed by the Division of Blind Services as vending

26  facility operators on or after December 1, 1970, and prior to

27  July 1, 1996, are hereby declared to be state employees within

28  the meaning of this chapter, and all vending facility

29  operators licensed and employed during that period shall be

30  compulsory members of the Florida Retirement System in

31  compliance with this chapter for as long as the member is a

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  vending facility operator, except as provided in subparagraph

 2  3.

 3         2.  Blindness shall not be deemed a retirement

 4  disability within the provisions of this chapter for such

 5  members as are contemplated by this paragraph.

 6         3.  Any vending facility operator as described in

 7  subparagraph 1. may elect, on or before July 31, 1996, to

 8  withdraw from the Florida Retirement System as provided in s.

 9  413.051(11).  The election to withdraw shall take effect as of

10  July 1, 1996, and the decision to withdraw is irrevocable.  A

11  vending facility operator who withdraws from the Florida

12  Retirement System as provided in this subparagraph shall

13  retain all creditable service earned in the Florida Retirement

14  System through the month that retirement contributions ceased

15  to be reported, and no creditable service shall be earned as a

16  vending facility operator after such month.  However, any such

17  person may participate in the Florida Retirement System in the

18  future if employed by a participating employer in a covered

19  position.

20         4.  All blind or partially sighted persons employed or

21  licensed by the Division of Blind Services as vending facility

22  operators on or after July 1, 1996, shall be independent

23  contractors within the meaning of this chapter and shall not

24  be eligible for membership in the Florida Retirement System.

25         Section 7.  Paragraph (a) of subsection (7) of section

26  121.052, Florida Statutes, 1998 Supplement, as amended by

27  chapters 96-423 and 98-413, Laws of Florida, is reenacted and

28  amended to read:

29         121.052  Membership class of elected officers.--

30         (7)  CONTRIBUTIONS.--

31         (a)  The following table states the required retirement

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  contribution rates for members of the Elected Officers' Class

 2  and their employers in terms of a percentage of the member's

 3  gross compensation. A change in a contribution rate is

 4  effective with the first salary paid on or after the beginning

 5  date of the change. Contributions shall be made or deducted as

 6  may be appropriate for each pay period and are in addition to

 7  the contributions required for social security and the Retiree

 8  Health Insurance Subsidy Trust Fund.

 9

10  Dates of Contribution

11    Rate Changes                             Members   Employers

12

13  July 1, 1972, through September 30, 1977

14    Legislators                                 8%           8%

15    All Other Members                           8%           8%

16

17  October 1, 1977, through September 30, 1978

18    Legislators                                 8%           8%

19    All Other Members                           4%          12%

20

21  October 1, 1978, through September 30, 1979

22    Legislators                                 8%       10.57%

23    All Other Members                           4%       16.78%

24

25  October 1, 1979, through September 30, 1981

26    Legislators                                 8%       10.57%

27    Governor, Lt. Governor, Cabinet

28      Officers                                  4%       16.78%

29    All Other Members                           0%       20.78%

30

31  July 1, 1981, through June 30, 1984

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1    County Elected Officers                     0%       19.30%

 2

 3  July 1, 1984, through September 30, 1984

 4    County Elected Officers                     0%       20.25%

 5

 6  October 1, 1981, through September 30, 1984

 7    Legislators                                 0%       19.30%

 8    Governor, Lt. Governor, Cabinet

 9      Officers                                  0%       21.03%

10    State Attorneys, Public Defenders           0%       20.95%

11    Justices, Judges                            0%       22.55%

12

13  October 1, 1984, through September 30, 1986

14    Legislators                                 0%       10.98%

15    Governor, Lt. Governor, Cabinet

16      Officers                                  0%       10.98%

17    State Attorneys, Public Defenders           0%       10.98%

18    Justices, Judges                            0%       21.79%

19    County Elected Officers                     0%       16.97%

20

21  October 1, 1986, through December 31, 1988

22    Legislators                                 0%       11.50%

23    Governor, Lt. Governor, Cabinet

24      Officers                                  0%       11.50%

25    State Attorneys, Public Defenders           0%       11.50%

26    Justices, Judges                            0%       20.94%

27    County Elected Officers                     0%       17.19%

28

29  January 1, 1989, through December 31, 1989

30    Legislators                                 0%       13.70%

31    Governor, Lt. Governor, Cabinet

                                  10
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1      Officers                                  0%       13.70%

 2    State Attorneys, Public Defenders           0%       13.70%

 3    Justices, Judges                            0%       22.58%

 4    County Elected Officers                     0%       18.44%

 5

 6  January 1, 1990, through December 31, 1990

 7    Legislators                                 0%       15.91%

 8    Governor, Lt. Governor, Cabinet

 9      Officers                                  0%       15.91%

10    State Attorneys, Public Defenders           0%       15.91%

11    Justices, Judges                            0%       24.22%

12    County Elected Officers                     0%       19.71%

13

14  January 1, 1991, through December 31, 1991

15    Legislators                                 0%       17.73%

16    Governor, Lt. Governor, Cabinet

17      Officers                                  0%       17.73%

18    State Attorneys, Public Defenders           0%       17.73%

19    Justices, Judges                            0%       26.63%

20    County Elected Officers                     0%       23.32%

21

22  January 1, 1992, through December 31, 1992

23    Legislators                                 0%       19.94%

24    Governor, Lt. Governor, Cabinet

25      Officers                                  0%       19.94%

26    State Attorneys, Public Defenders           0%       19.94%

27    Justices, Judges                            0%       28.27%

28    County Elected Officers                     0%       24.59%

29

30  January 1, 1993, through December 31, 1993

31    Legislators                                 0%       22.14%

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1    Governor, Lt. Governor, Cabinet

 2      Officers                                  0%       22.14%

 3    State Attorneys, Public Defenders           0%       22.14%

 4    Justices, Judges                            0%       29.91%

 5    County Elected Officers                     0%       25.84%

 6

 7  January 1, 1994, through December 31, 1994

 8    Legislators                                 0%       22.65%

 9    Governor, Lt. Governor, Cabinet

10      Officers                                  0%       22.65%

11    State Attorneys, Public Defenders           0%       22.65%

12    Justices, Judges                            0%       30.52%

13    County Elected Officers                     0%       26.07%

14

15  January 1, 1995, through December 31, 1995

16    Legislators                                 0%       22.80%

17    Governor, Lt. Governor, Cabinet

18      Officers                                  0%       22.80%

19    State Attorneys, Public Defenders           0%       22.80%

20    Justices, Judges                            0%       30.21%

21    County Elected Officers                     0%       27.48%

22

23  January 1, 1996, through June 30, 1996

24    Legislators                                 0%       22.90%

25    Governor, Lt. Governor, Cabinet

26      Officers                                  0%       22.90%

27    State Attorneys, Public Defenders           0%       22.90%

28    Justices, Judges                            0%       30.15%

29    County Elected Officers                     0%       27.54%

30

31  July 1, 1996, through June 30, 1998

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1    Legislators                                 0%       23.07%

 2    Governor, Lt. Governor, Cabinet

 3      Officers                                  0%       23.07%

 4    State Attorneys, Public Defenders           0%       23.07%

 5    Justices, Judges                            0%       29.55%

 6    County Elected Officers                     0%       27.33%

 7

 8  Effective July 1, 1998, through

 9    June 30, 1999

10    Legislators                                 0%       22.33%

11    Governor, Lt. Governor, Cabinet

12      Officers                                  0%       22.33%

13    State Attorneys, Public Defenders           0%       22.33%

14    Justices, Judges                            0%       27.21%

15    County Elected Officers                     0%       26.99%

16

17  Effective July 1, 1999

18    Legislators                                 0%       14.31%

19    Governor, Lt. Governor, Cabinet

20    Officers                                    0%       14.31%

21    State Attorneys, Public

22      Defenders                                 0%       14.31%

23    Justices, Judges                            0%       20.48%

24    County Elected

25      Officers                                  0%       17.05%

26

27         Section 8.  Paragraph (a) of subsection (3) of section

28  121.055, Florida Statutes, 1998 Supplement, as amended by

29  chapters 96-423 and 98-413, Laws of Florida, is reenacted and

30  amended, and paragraph (e) of subsection (6) of said section

31  is amended, to read:

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1         121.055  Senior Management Service Class.--There is

 2  hereby established a separate class of membership within the

 3  Florida Retirement System to be known as the "Senior

 4  Management Service Class," which shall become effective

 5  February 1, 1987.

 6         (3)(a)  The following table states the required

 7  retirement contribution rates for members of the Senior

 8  Management Service Class and their employers in terms of a

 9  percentage of the member's gross compensation.  A change in

10  the contribution rate is effective with the first salary paid

11  on or after the beginning date of the change.  Contributions

12  shall be made for each pay period and are in addition to the

13  contributions required for social security and the Retiree

14  Health Insurance Subsidy Trust Fund.

15

16  Dates of Contribution

17    Rate Changes                          Members   Employers

18

19  February 1, 1987, through

20    December 31, 1988                       0%       13.88%

21  January 1, 1989, through

22    December 31, 1989                       0%       14.95%

23  January 1, 1990, through

24    December 31, 1990                       0%       16.04%

25  January 1, 1991, through

26    December 31, 1991                       0%       18.39%

27  January 1, 1992, through

28    December 31, 1992                       0%       19.48%

29  January 1, 1993, through

30    December 31, 1993                       0%       20.55%

31  January 1, 1994, through

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1    December 31, 1994                       0%       23.07%

 2  January 1, 1995, through

 3    December 31, 1995                       0%       23.88%

 4  January 1, 1996, through

 5    June 30, 1996                           0%       24.14%

 6  July 1, 1996, through

 7    June 30, 1998                           0%       21.58%

 8  Effective July 1, 1998, through

 9    June 30, 1999                           0%       23.10%

10  Effective July 1, 1999                    0%       11.19%

11

12         (6)

13         (e)  Benefits.--

14         1.  Benefits shall be payable under the Senior

15  Management Service Optional Annuity Program only to

16  participants in the program, or their beneficiaries as

17  designated by the participant in the contract with a provider

18  company, and such benefits shall be paid by the designated

19  company in accordance with the terms of the annuity contract

20  or contracts applicable to the participant. A participant must

21  be terminated from all employment with all Florida Retirement

22  System employers as provided in s. 121.021(39) to begin

23  receiving the employer-funded benefit. Benefits funded by

24  employer contributions shall be payable only as a lifetime

25  annuity to the participant, his beneficiary, or his estate,

26  except for:

27         a.  A lump-sum payment to the beneficiary upon the

28  death of the participant; or

29         b.  A cash-out of a de minimis account upon the request

30  of a former participant who has been terminated for a minimum

31  of 6 months from the employment that entitled him to optional

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  annuity retirement program participation. A de minimis account

 2  is an account with a provider company containing employer

 3  contributions and accumulated earnings of not more than $5,000

 4  $3,500 made under the provisions of this chapter. Such

 5  cash-out must be a complete liquidation of the account balance

 6  with that company and is subject to the provisions of the

 7  Internal Revenue Code.

 8         2.  The benefits payable to any person under the Senior

 9  Management Service Optional Annuity Program, and any

10  contribution accumulated under such program, shall not be

11  subject to assignment, execution, or attachment or to any

12  legal process whatsoever.

13         3.  A participant who receives optional annuity program

14  benefits funded by employer contributions shall be deemed to

15  be retired from a state-administered retirement system in the

16  event of subsequent employment with any employer that

17  participates in the Florida Retirement System.

18         Section 9.  Subsection (1) of section 121.071, Florida

19  Statutes, 1998 Supplement, as amended by chapters 96-423 and

20  98-413, Laws of Florida, is reenacted and amended to read:

21         121.071  Contributions.--Contributions to the system

22  shall be made as follows:

23         (1)  The following tables state the required retirement

24  contribution rates for members of the Regular Class, Special

25  Risk Class, or Special Risk Administrative Support Class and

26  their employers in terms of a percentage of the member's gross

27  compensation.  A change in a contribution rate is effective

28  with the first salary paid on or after the beginning date of

29  the change. Contributions shall be made or deducted as may be

30  appropriate for each pay period and are in addition to the

31  contributions required for social security and the Retiree

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  Health Insurance Subsidy Trust Fund.

 2         (a)  Retirement contributions for regular members are

 3  as follows:

 4

 5  Dates of Contribution

 6    Rate Changes                             Members   Employers

 7

 8  December 1, 1970, through December

 9    31, 1974, for state agencies, state

10    universities, community colleges,

11    and district school boards                  4%           4%

12

13  December 1, 1970, through September

14    30, 1975, for all other local

15    government agencies                         4%           4%

16

17  January 1, 1975, through September

18    30, 1978, for state agencies and

19    state universities                          0%           9%

20

21  January 1, 1975, through July 31,

22    1978, for community colleges and

23    district school boards                      0%           9%

24

25  October 1, 1975, through September

26    30, 1978, for all other local

27    government agencies                         0%           9%

28

29  August 1, 1978, through September 30,

30    1981, for community colleges and

31    district school boards                      0%         9.1%

                                  17
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1

 2  October 1, 1978, through September

 3    30, 1981, for all other agencies            0%         9.1%

 4

 5  October 1, 1981, through

 6    September 30, 1984                          0%       10.93%

 7  October 1, 1984, through

 8    September 30, 1986                          0%       12.24%

 9  October 1, 1986, through

10    December 31, 1988                           0%       13.14%

11  January 1, 1989, through

12    December 31, 1989                           0%       13.90%

13  January 1, 1990, through

14    December 31, 1990                           0%       14.66%

15  January 1, 1991, through

16    December 31, 1991                           0%       15.72%

17  January 1, 1992, through

18    December 31, 1992                           0%       16.51%

19  January 1, 1993, through

20    December 31, 1993                           0%       17.27%

21  January 1, 1994, through

22    December 31, 1994                           0%       17.10%

23  January 1, 1995, through

24    December 31, 1995                           0%       16.91%

25  January 1, 1996, through

26    June 30, 1996                               0%       17.00%

27  July 1, 1996, through

28    June 30, 1998                               0%       16.77%

29  Effective July 1, 1998, through

30    June 30, 1999                               0%       15.51%

31  Effective July 1, 1999                        0%        9.21%

                                  18
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1

 2         (b)  Retirement contributions for special risk members

 3  are as follows:

 4

 5  Dates of Contribution

 6    Rate Changes                             Members   Employers

 7

 8  December 1, 1970, through

 9    September 30, 1974                          6%           6%

10

11  October 1, 1974, through December 31,

12    1974, for state agencies, state

13    universities, community colleges,

14    and district school boards                  8%           8%

15

16  October 1, 1974, through September

17    30, 1975, for all other local

18    government agencies                         8%           8%

19

20  January 1, 1975, through September

21    30, 1978, for state agencies, state

22    universities, community colleges,

23    and district school boards                  0%          13%

24

25  October 1, 1975, through September

26    30, 1978, for other local

27    government agencies                         0%          13%

28

29  October 1, 1978, through

30    September 30, 1981                          0%       13.95%

31  October 1, 1981, through

                                  19
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1    September 30, 1984                          0%       13.91%

 2  October 1, 1984, through

 3    September 30, 1986                          0%       14.67%

 4  October 1, 1986, through

 5    December 31, 1988                           0%       15.11%

 6  January 1, 1989, through

 7    December 31, 1989                           0%       17.50%

 8  January 1, 1990, through

 9    December 31, 1990                           0%       19.90%

10  January 1, 1991, through

11    December 31, 1991                           0%       25.52%

12  January 1, 1992, through

13    December 31, 1992                           0%       26.35%

14  January 1, 1993, through

15    December 31, 1993                           0%       27.14%

16  January 1, 1994, through

17    December 31, 1994                           0%       27.03%

18  January 1, 1995, through

19    December 31, 1995                           0%       26.83%

20  January 1, 1996, through

21    June 30, 1996                               0%       26.84%

22  July 1, 1996, through

23    June 30, 1998                               0%       26.44%

24  Effective July 1, 1998, through

25    June 30, 1999                               0%       24.38%

26  Effective July 1, 1999                        0%       20.22%

27

28         (c)  Retirement contributions for special risk

29  administrative support members are as follows:

30

31

                                  20
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  Dates of Contribution

 2    Rate Changes                             Members   Employers

 3

 4  July 1, 1982, through

 5    September 30, 1984                          0%       11.14%

 6  October 1, 1984, through

 7    September 30, 1986                          0%       13.09%

 8  October 1, 1986, through

 9    December 31, 1988                           0%       15.44%

10  January 1, 1989, through

11    December 31, 1989                           0%       14.76%

12  January 1, 1990, through

13    December 31, 1990                           0%       14.09%

14  January 1, 1991, through

15    December 31, 1991                           0%       20.16%

16  January 1, 1992, through

17    December 31, 1992                           0%       19.51%

18  January 1, 1993, through

19    December 31, 1993                           0%       18.83%

20  January 1, 1994, through

21    December 31, 1994                           0%       18.59%

22  January 1, 1995, through

23    December 31, 1995                           0%       17.81%

24  January 1, 1996, through

25    June 30, 1996                               0%       17.80%

26  July 1, 1996, through

27    June 30, 1998                               0%       17.20%

28    Effective July 1, 1998, through

29    June 30, 1999                               0%       14.64%

30  Effective July 1, 1999                        0%        11.53

31

                                  21
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1         Section 10.  Paragraph (i) of subsection (1) and

 2  subsection (2) of section 121.081, Florida Statutes, 1998

 3  Supplement, are amended to read:

 4         121.081  Past service; prior service;

 5  contributions.--Conditions under which past service or prior

 6  service may be claimed and credited are:

 7         (1)

 8         (i)  An employee of a state agency who was a member of

 9  a state-administered retirement system and who was granted

10  educational leave with pay pursuant to a written educational

11  leave-with-pay policy may claim such period of educational

12  leave as past service subject to the following conditions:

13         1.  The educational leave must have occurred prior to

14  December 31, 1971;

15         2.  The member must have completed at least 10 years of

16  creditable service excluding the period of the educational

17  leave;

18         3.  The employee must have returned to employment with

19  a state agency employer who participated in the retirement

20  system, which return was immediately upon termination of the

21  educational leave, and must have remained on the employer's

22  payroll for at least 1 calendar month 30 calendar days

23  following the return to employment;

24         4.  The employee must be a member of the Florida

25  Retirement System at the time he or she claims such service;

26         5.  Not more than 24 months of creditable service may

27  be claimed for such period of educational leave with pay;

28         6.  The service must not be claimed under any other

29  state or federal retirement system; and

30         7.  The member must pay to the retirement trust fund

31  for claiming such past-service credit an amount equal to 8

                                  22
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  percent of his or her gross annual salary immediately prior to

 2  the educational leave with pay for each year of past service

 3  claimed, plus 4 percent interest thereon compounded annually

 4  each June 30 from the first year of service claimed until July

 5  1, 1975, and 6.5 percent interest thereafter on the unpaid

 6  balance compounded annually each June 30 until paid.

 7         (2)  Prior service, as defined in s. 121.021(19), may

 8  be claimed as creditable service under the Florida Retirement

 9  System after a member has been reemployed for 1 complete year

10  of creditable service within a period of 12 consecutive

11  continuous months, except as provided in paragraph (c).

12  Service performed as a participant of the optional retirement

13  program for the State University System under s. 121.35 or the

14  Senior Management Service Optional Annuity Program under s.

15  121.055 may be used to satisfy the reemployment requirement of

16  1 complete year of creditable service 12-continuous-month

17  requirement.  The member shall not be permitted to make any

18  contributions for prior service until after completion of the

19  1 year of creditable service 12-month period. The required

20  contributions for claiming the various types of prior service

21  are:

22         (a)  For prior service performed prior to the date the

23  system becomes noncontributory for the member and for which

24  the member had credit under one of the existing retirement

25  systems and received a refund of contributions upon

26  termination of employment, the member shall contribute 4

27  percent of all salary received during the period being

28  claimed, plus 4 percent interest compounded annually from date

29  of refund until July 1, 1975, and 6.5 percent interest

30  compounded annually thereafter, until full payment is made to

31  the Retirement Trust Fund. A member who elected to transfer to

                                  23
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  the Florida Retirement System from an existing system may

 2  receive credit for prior service under the existing system if

 3  he or she was eligible under the existing system to claim the

 4  prior service at the time of the transfer. Contributions for

 5  such prior service shall be determined by the applicable

 6  provisions of the system under which the prior service is

 7  claimed and shall be paid by the member, with matching

 8  contributions paid by the employer at the time the service was

 9  performed. Effective July 1, 1978, the account of a person who

10  terminated under s. 238.05(3) may not be charged interest for

11  contributions that remained on deposit in the Annuity Savings

12  Trust Fund established under chapter 238, upon retirement

13  under this chapter or chapter 238.

14         (b)  For prior service performed prior to the date the

15  system becomes noncontributory for the member and for which

16  the member had credit under the Florida Retirement System and

17  received a refund of contributions upon termination of

18  employment, the member shall contribute at the rate that was

19  required of him or her during the period of service being

20  claimed, on all salary received during such period, plus 4

21  percent interest compounded annually from date of refund until

22  July 1, 1975, and 6.5 percent interest compounded annually

23  thereafter, until the full payment is made to the Retirement

24  Trust Fund.

25         (c)  For prior service as defined in s. 121.021(19)(b)

26  and (c) during which no contributions were made because the

27  member did not participate in a retirement system, the member

28  shall contribute 14.38 percent of all salary received during

29  such period or 14.38 percent of $100 per month during such

30  period, whichever is greater, plus 4 percent interest

31  compounded annually from the first year of service claimed

                                  24
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  until July 1, 1975, and 6.5 percent interest compounded

 2  annually thereafter, until full payment is made to the

 3  Retirement Trust Fund.

 4         (d)  In order to claim credit for prior service as

 5  defined in s. 121.021(19)(d) for which no retirement

 6  contributions were paid during the period of such service, the

 7  member shall contribute the total employee and employer

 8  contributions which were required to be made to the Highway

 9  Patrol Pension Trust Fund, as provided in chapter 321, during

10  the period claimed, plus 4 percent interest compounded

11  annually from the first year of service until July 1, 1975,

12  and 6.5 percent interest compounded annually thereafter, until

13  full payment is made to the Retirement Trust Fund.  However,

14  any governmental entity which employed such member may elect

15  to pay up to 50 percent of the contributions and interest

16  required to purchase this prior service credit.

17         (e)  For service performed under the Florida Retirement

18  System after December 1, 1970, that was never reported to the

19  division due to error, retirement credit may be claimed by a

20  member of the Florida Retirement System. The division shall

21  adopt rules establishing criteria for claiming such credit and

22  detailing the documentation required to substantiate the

23  error.

24         (f)  The employer may not be required to make

25  contributions for prior service credit for any member, except

26  that the employer shall pay the employer portion of

27  contributions for any legislator who elects to withdraw from

28  the Florida Retirement System and later rejoins the system and

29  pays any employee contributions required in accordance with s.

30  121.052(3)(d).

31         Section 11.  Paragraph (c) of subsection (4), paragraph

                                  25
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  (f) of subsection (7), and paragraphs (a) and (i) of

 2  subsection (13) of section 121.091, Florida Statutes, 1998

 3  Supplement, are amended to read:

 4         121.091  Benefits payable under the system.--Benefits

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

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

 7  begun participation in the Deferred Retirement Option Program

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

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

10  division may cancel an application for retirement benefits

11  when the member or beneficiary fails to timely provide the

12  information and documents required by this chapter and the

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

14  procedures for application for retirement benefits and for the

15  cancellation of such application when the required information

16  or documents are not received.

17         (4)  DISABILITY RETIREMENT BENEFIT.--

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

19  considered totally and permanently disabled if, in the opinion

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

21  medically determinable physical or mental impairment, from

22  rendering useful and efficient service as an officer or

23  employee.

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

25  approving payment of any disability retirement benefit, shall

26  require proof that the member is totally and permanently

27  disabled as provided herein:

28         1.  Such, which proof shall include the certification

29  of the member's total and permanent disability by two licensed

30  physicians of the state and such other evidence of disability

31  as the administrator may require, including reports from

                                  26
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  vocational rehabilitation, evaluation, or testing specialists

 2  who have evaluated the applicant for employment.

 3         2.  It must be documented that:

 4         a.  The member's medical condition occurred or became

 5  symptomatic during the time the member was employed in an

 6  employee/employer relationship with his or her employer;

 7         b.  The member was totally and permanently disabled at

 8  the time he or she terminated covered employment; and

 9         c.  The member has not been employed with any other

10  employer after such termination.

11         3.  If the application is for in-line-of-duty

12  disability, in addition to the requirements of subparagraph

13  2., it must be documented by competent medical evidence that

14  the disability was caused by a job-related illness or accident

15  which occurred while the member was in an employee/employer

16  relationship with his or her employer.

17         4.  The unavailability of an employment position that

18  the member is physically and mentally capable of performing

19  will not be considered as proof of total and permanent

20  disability.

21         (7)  DEATH BENEFITS.--

22         (f)  Notwithstanding any other provisions in this

23  chapter to the contrary and upon application to the

24  administrator, an eligible joint annuitant, of a member whose

25  employment is terminated by death within 1 year of such member

26  satisfying the service requirements for vesting and retirement

27  eligibility, shall be permitted to purchase only the

28  additional service credit necessary to vest and qualify for

29  retirement benefits, not to exceed a total of 1 year of

30  credit, by one or a combination of the following methods:

31         1.  Such eligible joint annuitant may use the deceased

                                  27
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  member's accumulated hours of annual, sick, and compensatory

 2  leave to purchase additional creditable service, on an hour by

 3  hour basis, provided that such deceased member's accumulated

 4  leave is sufficient to cover the additional months required.

 5  For each month of service credit needed prior to the final

 6  month, credit for the total number of work hours in that month

 7  must be purchased, using an equal number of the deceased

 8  member's accumulated leave hours.  Service credit required for

 9  the final month in which the deceased member would have become

10  vested shall be awarded upon the purchase of 1 hour of credit.

11  Such eligible joint annuitant shall pay the contribution rate

12  in effect for the period of time being claimed for at the time

13  of purchase of the deceased member's class of membership,

14  multiplied by such member's monthly salary at the time of

15  death, plus 6.5 percent interest compounded annually.  The

16  accumulated leave payment used in the average final

17  compensation shall not include that portion of the payment

18  that represents any leave hours used in the purchase of such

19  creditable service.

20         2.  Such eligible joint annuitant may purchase

21  additional months of creditable service, up to a maximum of 1

22  year, for any periods of out-of-state service as provided in

23  s. 121.1115, and or in-state service as provided in s.

24  121.1122, that the deceased member would have been eligible to

25  purchase prior to his or her death.

26

27  Service purchased under this paragraph shall be added to the

28  creditable service of the member and used to vest for

29  retirement eligibility, and shall be used in the calculation

30  of any benefits which may be payable to the eligible joint

31  annuitant.  Any benefits paid in accordance with this

                                  28
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  paragraph shall only be made prospectively.

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

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

 4  Retirement Option Program, hereinafter referred to as the

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

 6  Florida  Retirement System may elect to participate, deferring

 7  receipt of retirement benefits while continuing employment

 8  with his or her Florida Retirement System employer.  The

 9  deferred monthly benefits shall accrue in the System Trust

10  Fund on behalf of the participant, plus interest compounded

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

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

13  the participant shall receive the total DROP benefits and

14  begin to receive the previously determined normal retirement

15  benefits. Participation in the DROP does not guarantee

16  employment for the specified period of DROP.

17         (a)  Eligibility of member to participate in the

18  DROP.--All active Florida Retirement System members in a

19  regularly established position, and all active members of

20  either the Teachers' Retirement System established in chapter

21  238 or the State and County Officers' and Employees'

22  Retirement System established in chapter 122 which systems are

23  consolidated within the Florida Retirement System under s.

24  121.011, are eligible to elect participation in the DROP

25  provided that:

26         1.  The member is not a renewed member of the Florida

27  Retirement System under s. 121.122, or a member of the State

28  Community College System Optional Retirement Program under s.

29  121.051, the Senior Management Service Optional Annuity

30  Program under s. 121.055, or the optional retirement program

31  for the State University System under s. 121.35.

                                  29
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1         2.  Election to participate is made within 12 months

 2  immediately following the date on which the member first

 3  reaches normal retirement date, or, for a member who reaches

 4  normal retirement date based on service before he or she

 5  reaches age 62, or age 55 for Special Risk Class members,

 6  election to participate may be deferred to the 12 months

 7  immediately following the date the member attains 57, or age

 8  52 50 for Special Risk Class members. For a member who first

 9  reached normal retirement date or the deferred eligibility

10  date described above prior to the effective date of this

11  section, election to participate shall be made within 12

12  months after the effective date of this section.  A member who

13  fails to make an election within such 12-month limitation

14  period shall forfeit all rights to participate in the DROP.

15  The member shall advise his or her employer and the division

16  in writing of the date on which the DROP shall begin. Such

17  beginning date may be subsequent to the 12-month election

18  period, but must be within the 60-month limitation period as

19  provided in subparagraph (b)1. When establishing eligibility

20  of the member to participate in the DROP or the 60-month

21  maximum participation period, the member may elect to include

22  or exclude any optional service credit purchased by the member

23  from the total service used to establish the normal retirement

24  date. A member with dual normal retirement dates shall be

25  eligible to elect to participate in DROP within 12 months

26  after attaining normal retirement date in either class.

27         3.  The employer of a member electing to participate in

28  the DROP, or employers if dually employed, shall acknowledge

29  in writing to the division the date the member's participation

30  in the DROP begins and the date the member's employment and

31  DROP participation will terminate.

                                  30
    6:22 PM   04/26/99                           h1883c-12c8h.seg1




                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1         4.  Simultaneous employment of a participant by

 2  additional Florida Retirement System employers subsequent to

 3  the commencement of participation in the DROP shall be

 4  permissible provided such employers acknowledge in writing a

 5  DROP termination date no later than the participant's existing

 6  termination date or the 60-month limitation period as provided

 7  in subparagraph (b)1.

 8         5.  A DROP participant may change employers while

 9  participating in the DROP, subject to the following:

10         a.  A change of employment must take place without a

11  break in service so that the member receives salary for each

12  month of continuous DROP participation.  If a member receives

13  no salary during a month, DROP participation shall cease

14  unless the employer verifies a continuation of the employment

15  relationship for such participant pursuant to s.

16  121.021(39)(b).

17         b.  Such participant and new employer shall notify the

18  division on forms required by the division as to the identity

19  of the new employer.

20         c.  The new employer shall acknowledge, in writing, the

21  participant's DROP termination date, which may be extended but

22  not beyond the original 60-month period provided in

23  subparagraph (b)1., shall acknowledge liability for any

24  additional retirement contributions and interest required if

25  the participant fails to timely terminate employment, and

26  shall be subject to the adjustment required in

27  sub-subparagraph (c)5.d. (c)4.d.

28         (i)  Contributions.--

29         1.  All employers paying the salary of a DROP

30  participant filling a regularly established position shall

31  contribute 11.56 percent of such participant's gross

                                  31
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  compensation, which shall constitute the entire employer DROP

 2  contribution with respect to such participant.  Such

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

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

 5  for each pay period and are in addition to contributions

 6  required for social security and the Retiree Health Insurance

 7  Subsidy Trust Fund.  Such employer, social security, and

 8  health insurance subsidy contributions are not included in the

 9  DROP.

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

11  also withhold one-half of the entire social security

12  contribution required for the participant.  Contributions for

13  social security by each participant and each employer, in the

14  amount required for social security coverage as now or

15  hereafter provided by the federal Social Security Act, shall

16  be in addition to contributions specified in subparagraph 1.

17         3.  All employers paying the salary of a DROP

18  participant filling a regularly established position shall

19  contribute the 0.66 percent of such participant's gross

20  compensation required in s. 121.071(4), which shall constitute

21  the employer's health insurance subsidy contribution with

22  respect to such participant. Such contributions shall be

23  deposited by the administrator in the Retiree Health Insurance

24  Subsidy Trust Fund.

25         Section 12.  Subsection (3) of section 121.122, Florida

26  Statutes, 1998 Supplement, is amended to read:

27         121.122  Renewed membership in system.--Except as

28  provided in s. 121.053, effective July 1, 1991, any retiree of

29  a state-administered retirement system who is employed in a

30  regularly established position with a covered employer shall

31  be enrolled as a compulsory member of the Regular Class of the

                                  32
    6:22 PM   04/26/99                           h1883c-12c8h.seg1




                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  Florida Retirement System or, effective July 1, 1997, any

 2  retiree of a state-administered retirement system who is

 3  employed in a position included in the Senior Management

 4  Service Class shall be enrolled as a compulsory member of the

 5  Senior Management Service Class of the Florida Retirement

 6  System as provided in s. 121.055, and shall be entitled to

 7  receive an additional retirement benefit, subject to the

 8  following conditions:

 9         (3)  Such member shall be entitled to purchase

10  additional retirement credit in the Regular Class or the

11  Senior Management Service Class, as applicable, for any

12  postretirement service performed in a regularly established

13  position as follows:

14         (a)  For regular class service prior to July 1, 1991,

15  by paying the Regular Class applicable employee and employer

16  contributions for the period being claimed, plus 4 percent

17  interest compounded annually from first year of service

18  claimed until July 1, 1975, and 6.5 percent interest

19  compounded thereafter, until full payment is made to the

20  Florida Retirement System Trust Fund; or

21         (b)  For Senior Management Service Class prior to June

22  1, 1997, as provided in s. 121.055(1)(i)(h).

23

24  The contribution for postretirement service between July 1,

25  1985, and July 1, 1991, for which the reemployed retiree

26  contribution was paid, shall be the difference between such

27  contribution and the total applicable contribution for the

28  period being claimed, plus interest.  The employer of such

29  member may pay the applicable employer contribution in lieu of

30  the member. If a member does not wish to claim credit for all

31  of the postretirement service for which he or she is eligible,

                                  33
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  the service the member claims must be the most recent service.

 2         Section 13.  Subsection (5) of section 121.24, Florida

 3  Statutes, is renumbered as subsection (6), and a new

 4  subsection (5) is added to said section, to read:

 5         121.24  Conduct of commission business; legal and other

 6  assistance; compensation.--

 7         (5)  The State Retirement Commission has the authority

 8  to adopt rules pursuant to ss. 120.54 and 120.536(1) to

 9  implement the provisions of law conferring duties upon the

10  commission.

11         Section 14.  Paragraph (a) of subsection (5) of section

12  121.35, Florida Statutes, 1998 Supplement, is amended to read:

13         121.35  Optional retirement program for the State

14  University System.--

15         (5)  BENEFITS.--

16         (a)  Benefits shall be payable under the optional

17  retirement program only to vested participants in the program,

18  or their beneficiaries as designated by the participant in the

19  contract with a provider company, and such benefits shall be

20  paid only by the designated company in accordance with the

21  terms of the annuity contract or contracts applicable to the

22  participant. The participant must be terminated from all

23  employment with all Florida Retirement System employers, as

24  provided in s. 121.021(39), to begin receiving the

25  employer-funded benefit. Benefits funded by employer

26  contributions shall be payable only as a lifetime annuity to

27  the participant, his beneficiary, or his estate, except for:

28         1.  A lump-sum payment to the beneficiary upon the

29  death of the participant; or

30         2.  A cash-out of a de minimis account upon the request

31  of a former participant who has been terminated for a minimum

                                  34
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  of 6 months from the employment that entitled him to optional

 2  retirement program participation. A de minimis account is an

 3  account with a provider company containing employer

 4  contributions and accumulated earnings of not more than $5,000

 5  $3,500 made under the provisions of this chapter. Such

 6  cash-out must be a complete liquidation of the account balance

 7  with that company and is subject to the provisions of the

 8  Internal Revenue Code.

 9         Section 15.  Subsection (11) of section 121.40, Florida

10  Statutes, 1998 Supplement, is amended, and subsection (12) of

11  said section, as amended by chapters 96-423 and 98-413, Laws

12  of Florida, is reenacted to read:

13         121.40  Cooperative extension personnel at the

14  Institute of Food and Agricultural Sciences; supplemental

15  retirement benefits.--

16         (4)  ELIGIBILITY FOR SUPPLEMENT.--To be eligible for a

17  benefit pursuant to the provisions of this section, a person

18  must meet all of the following eligibility criteria:

19         (e)  The person must not be entitled to any benefit

20  from a state-supported retirement system or from social

21  security based upon service as a cooperative extension

22  employee of the institute. Participation in the Institute of

23  Food and Agricultural Sciences Supplemental Retirement Program

24  shall not constitute membership in the Florida Retirement

25  System.

26         (11)  EMPLOYMENT AFTER RETIREMENT: LIMITATION.--

27         (a)  Any person who is receiving a supplemental

28  retirement benefit under this section may be reemployed by any

29  private or public employer after retirement and receive

30  supplemental retirement benefits pursuant to this section and

31  compensation from his or her employer, without any

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  limitations.  However, if a retired participant who is

 2  receiving a supplemental retirement benefit under this section

 3  is reemployed at the institute in a position as a cooperative

 4  extension employee of the institute, he or she shall forfeit

 5  all rights to supplemental retirement benefits in accordance

 6  with the eligibility provisions of subsection (4)(e)., except

 7  that no person may receive both a salary from reemployment

 8  with any agency participating in the Florida Retirement System

 9  and supplemental retirement benefits under this section for a

10  period of 12 months immediately subsequent to the date of

11  retirement.

12         (b)  Each person to whom the limitation in paragraph

13  (a) applies who violates such reemployment limitation and who

14  is reemployed with any agency participating in the Florida

15  Retirement System prior to completion of the 12-month

16  limitation period shall give timely notice of this fact in

17  writing to the employer and to the division and shall have his

18  or her supplemental retirement benefits suspended for the

19  balance of the 12-month limitation period.  Any person

20  employed in violation of this subsection and any employing

21  agency which knowingly employs or appoints such person without

22  notifying the Division of Retirement to suspend retirement

23  benefits shall be jointly and severally liable for

24  reimbursement to the retirement trust fund of any benefits

25  paid during the reemployment limitation period.  To avoid

26  liability, such employing agency shall have a written

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

28  a state-administered retirement system. Any supplemental

29  retirement benefits received while reemployed during this

30  reemployment limitation period shall be repaid to the trust

31  fund, and supplemental retirement benefits shall remain

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  suspended until such repayment has been made.  Supplemental

 2  benefits suspended beyond the reemployment limitation shall

 3  apply toward repayment of supplemental benefits received in

 4  violation of the reemployment limitation.

 5         (c)  The reemployment by an employer participating in

 6  the Florida Retirement System of any person receiving

 7  supplemental retirement benefits under this section shall have

 8  no effect on the amount of the supplemental benefit of that

 9  person.  Prior to July 1, 1991, upon employment of any person,

10  other than an elected officer as provided in s. 121.053, who

11  is receiving supplemental retirement benefits under this

12  section, the employer shall pay retirement contributions in an

13  amount equal to the unfunded actuarial accrued liability

14  portion of the employer contribution which would be required

15  for regular members of the Florida Retirement System.

16  Effective July 1, 1991, contributions shall be made as

17  provided in s. 121.122 for renewed membership.

18         (d)  The limitations of this subsection apply to

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

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

21  which the person is compensated.

22         (12)  CONTRIBUTIONS.--

23         (a)  For the purposes of funding the supplemental

24  benefits provided by this section, the institute is authorized

25  and required to pay, commencing July 1, 1985, the necessary

26  monthly contributions from its appropriated budget. These

27  amounts shall be paid into the Institute of Food and

28  Agricultural Sciences Supplemental Retirement Trust Fund,

29  which is hereby created.

30         (b)  The monthly contributions required to be paid

31  pursuant to paragraph (a) on the gross monthly salaries, from

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  all sources with respect to such employment, paid to those

 2  employees of the institute who hold both state and federal

 3  appointments and who participate in the federal Civil Service

 4  Retirement System shall be as follows:

 5

 6  Dates of Contribution                              Percentage

 7    Rate Changes                                        Due

 8

 9  July 1, 1985, through December 31, 1988              6.68%

10  January 1, 1989, through December 31, 1993           6.35%

11  January 1, 1994, through December 31, 1994           6.69%

12  January 1, 1995, through June 30, 1996               6.82%

13  July 1, 1996, through June 30, 1998                  5.64%

14  Effective July 1, 1998                               7.17%

15

16         Section 16.  Subsection (11) of section 413.051,

17  Florida Statutes, 1998 Supplement, as amended by chapter

18  96-423 and subsection (12) of said section, as amended by

19  chapters 96-423 and 98-149, Laws of Florida, are reenacted to

20  read:

21         413.051  Eligible blind persons; operation of vending

22  stands.--

23         (11)  Effective July 1, 1996, blind licensees who

24  remain members of the Florida Retirement System pursuant to s.

25  121.051(6)(b)1. shall pay any unappropriated retirement costs

26  from their net profits or from program income. Within 30 days

27  after the effective date of this act, each blind licensee who

28  is eligible to maintain membership in the Florida Retirement

29  System under s. 121.051(6)(b)1., but who elects to withdraw

30  from the system as provided in s. 121.051(6)(b)3., must, on or

31  before July 31, 1996, notify the Division of Blind Services

                                  38
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  and the Division of Retirement in writing of his or her

 2  election to withdraw.  Failure to timely notify the divisions

 3  shall be deemed a decision to remain a compulsory member of

 4  the Florida Retirement System. However, if, at any time after

 5  July 1, 1996, sufficient funds are not paid by a blind

 6  licensee to cover the required contribution to the Florida

 7  Retirement System, that blind licensee shall become ineligible

 8  to participate in the Florida Retirement System on the last

 9  day of the first month for which no contribution is made or

10  the amount contributed is insufficient to cover the required

11  contribution.  For any blind licensee who becomes ineligible

12  to participate in the Florida Retirement System as described

13  in this subsection, no creditable service shall be earned

14  under the Florida Retirement System for any period following

15  the month that retirement contributions ceased to be reported.

16  However, any such person may participate in the Florida

17  Retirement System in the future if employed by a participating

18  employer in a covered position.

19         (12)  The Division of Blind Services may adopt rules to

20  permit the division to establish and maintain vending

21  facilities, issue licenses, establish and maintain a vending

22  facility training program, provide vendors access to financial

23  data of the program, set aside funds from net proceeds of the

24  vending facility, provide for the transfer and promotion of

25  vendors, establish a vendors committee, provide for an

26  operation agreement, provide duties and responsibilities of

27  the division with respect to the vending facility program, and

28  provide procedures for newspaper vending sales.

29         Section 17.  Paragraph (b) of subsection (1) of section

30  175.071, Florida Statutes, 1998 Supplement, is amended to

31  read:

                                  39
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1         175.071  General powers and duties of board of

 2  trustees.--For any municipality, special fire control

 3  district, chapter plan, local law municipality, local law

 4  special fire control district, or local law plan under this

 5  chapter:

 6         (1)  The board of trustees may:

 7         (b)  Invest and reinvest the assets of the

 8  firefighters' pension trust fund in:

 9         1.  Time or savings accounts of a national bank, a

10  state bank insured by the Bank Insurance Fund, or a savings,

11  building, and loan association insured by the Savings

12  Association Insurance Fund which is administered by the

13  Federal Deposit Insurance Corporation or a state or federal

14  chartered credit union whose share accounts are insured by the

15  National Credit Union Share Insurance Fund.

16         2.  Obligations of the United States or obligations

17  guaranteed as to principal and interest by the government of

18  the United States.

19         3.  Bonds issued by the State of Israel.

20         4.  Bonds, stocks, or other evidences of indebtedness

21  issued or guaranteed by a corporation organized under the laws

22  of the United States, any state or organized territory of the

23  United States, or the District of Columbia, provided:

24         a.  The corporation is listed on any one or more of the

25  recognized national stock exchanges or on the National Market

26  System of the Nasdaq Stock Market and, in the case of bonds

27  only, holds a rating in one of the three highest

28  classifications by a major rating service; and

29         b.  The board of trustees shall not invest more than 5

30  percent of its assets in the common stock or capital stock of

31  any one issuing company, nor shall the aggregate investment in

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  any one issuing company exceed 5 percent of the outstanding

 2  capital stock of that company or the aggregate of its

 3  investments under this subparagraph at cost exceed 50 percent

 4  of the assets of the fund.

 5

 6  This paragraph shall apply to all boards of trustees and

 7  participants. However, in the event that a municipality or

 8  special fire control district has a duly enacted pension plan

 9  pursuant to, and in compliance with, s. 175.351, and the

10  trustees thereof desire to vary the investment procedures

11  herein, the trustees of such plan shall request a variance of

12  the investment procedures as outlined herein only through a

13  municipal ordinance, special act of the Legislature, or

14  resolution by the governing body of the special fire control

15  district; where a special act, or a municipality by ordinance

16  adopted prior to July 1, 1998, permits a greater than

17  50-percent equity investment, such municipality shall not be

18  required to comply with the aggregate equity investment

19  provisions of this paragraph. Notwithstanding any other

20  provision of law to the contrary, nothing in this section may

21  be construed to take away any preexisting legal authority to

22  make equity investments that exceed the requirements of this

23  paragraph. The board of trustees may invest up to 10 percent

24  of plan assets in foreign securities.

25         Section 18.  Paragraph (b) of subsection (1) of section

26  185.06, Florida Statutes, 1998 Supplement, is amended to read:

27         185.06  General powers and duties of board of

28  trustees.--For any municipality, chapter plan, local law

29  municipality, or local law plan under this chapter:

30         (1)  The board of trustees may:

31         (b)  Invest and reinvest the assets of the retirement

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  trust fund in:

 2         1.  Time or savings accounts of a national bank, a

 3  state bank insured by the Bank Insurance Fund, or a savings

 4  and loan association insured by the Savings Association

 5  Insurance Fund which is administered by the Federal Deposit

 6  Insurance Corporation or a state or federal chartered credit

 7  union whose share accounts are insured by the National Credit

 8  Union Share Insurance Fund.

 9         2.  Obligations of the United States or obligations

10  guaranteed as to principal and interest by the United States.

11         3.  Bonds issued by the State of Israel.

12         4.  Bonds, stocks, or other evidences of indebtedness

13  issued or guaranteed by a corporation organized under the laws

14  of the United States, any state or organized territory of the

15  United States, or the District of Columbia, provided:

16         a.  The corporation is listed on any one or more of the

17  recognized national stock exchanges or on the National Market

18  System of the Nasdaq Stock Market and, in the case of bonds

19  only, holds a rating in one of the three highest

20  classifications by a major rating service; and

21         b.  The board of trustees shall not invest more than 5

22  percent of its assets in the common stock or capital stock of

23  any one issuing company, nor shall the aggregate investment in

24  any one issuing company exceed 5 percent of the outstanding

25  capital stock of the company or the aggregate of its

26  investments under this subparagraph at cost exceed 50 percent

27  of the fund's assets.

28

29  This paragraph shall apply to all boards of trustees and

30  participants. However, in the event that a municipality has a

31  duly enacted pension plan pursuant to, and in compliance with,

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  s. 185.35 and the trustees thereof desire to vary the

 2  investment procedures herein, the trustees of such plan shall

 3  request a variance of the investment procedures as outlined

 4  herein only through a municipal ordinance or special act of

 5  the Legislature; where a special act, or a municipality by

 6  ordinance adopted prior to July 1, 1998, permits a greater

 7  than 50-percent equity investment, such municipality shall not

 8  be required to comply with the aggregate equity investment

 9  provisions of this paragraph. Notwithstanding any other

10  provision of law to the contrary, nothing in this section may

11  be construed to take away any preexisting legal authority to

12  make equity investments that exceed the requirements of this

13  paragraph. The board of trustees may invest up to 10 percent

14  of plan assets in foreign securities.

15         Section 19.  Section 121.027, Florida Statutes, is

16  repealed.

17         Section 20.  The Governor, Comptroller, and Treasurer,

18  sitting as the Board of Trustees of the State Board of

19  Administration, shall review the actuarial valuation report

20  prepared in accordance with the provisions of chapter 121,

21  Florida Statutes.  The Board shall review the process by which

22  Florida Retirement System contribution rates are determined

23  and recommend and submit any comments regarding the process to

24  the Legislature.

25         Section 21.  Section 112.18, Florida Statutes, is

26  amended to read:

27         112.18  Firefighters and state law enforcement

28  officers; special provisions relative to disability.--

29         (1)  Any condition or impairment of health of any

30  Florida state, municipal, county, port authority, special tax

31  district, or fire control district firefighter or state law

                                  43
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  enforcement officer caused by tuberculosis, heart disease, or

 2  hypertension resulting in total or partial disability or death

 3  shall be presumed to have been accidental and to have been

 4  suffered in the line of duty unless the contrary be shown by

 5  competent evidence. However, any such firefighter or state law

 6  enforcement officer shall have successfully passed a physical

 7  examination upon entering into any such service as a

 8  firefighter or state law enforcement officer, which

 9  examination failed to reveal any evidence of any such

10  condition.  Such presumption shall not apply to benefits

11  payable under or granted in a policy of life insurance or

12  disability insurance, unless the insurer and insured have

13  negotiated for such additional benefits to be included in the

14  policy contract.

15         (2)  This section shall be construed to authorize the

16  above governmental entities to negotiate policy contracts for

17  life and disability insurance to include accidental death

18  benefits or double indemnity coverage which shall include the

19  presumption that any condition or impairment of health of any

20  firefighter caused by tuberculosis, heart disease, or

21  hypertension resulting in total or partial disability or death

22  was accidental and suffered in the line of duty, unless the

23  contrary be shown by competent evidence.

24         Section 22.  Section 121.36, Florida Statutes, is

25  created to read:

26         121.36  Optional retirement program for members of the

27  regular class.--

28         (1)  OPTIONAL RETIREMENT PROGRAM

29  ESTABLISHED.--Effective July 1, 2001, the Division of

30  Retirement shall establish an optional retirement program for

31  members of the Regular Class of the Florida Retirement System

                                  44
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  under which contracts providing retirement benefits may be

 2  purchased for eligible employees who elect to participate in

 3  the program. The benefits to be provided for or on behalf of

 4  participants in such optional retirement program shall be

 5  provided through individual contracts, which may be fixed,

 6  variable, or a combination thereof, in accordance with s.

 7  401(a) of the Internal Revenue Code. Any individual contract

 8  must contain a statement of the plan on its face page, and

 9  must include, but need not be limited to, a statement of

10  ownership, the contract benefits, income options, limitations,

11  expense charges, and surrender charges, if any. The state

12  shall contribute, as provided in this section, toward the

13  purchase of such optional benefits.

14         (2)  DEFINITIONS.--As used in this section, the term:

15         (a)  "Approved provider" or "provider" means the State

16  Board of Administration or a private-sector company that is

17  selected and approved by the division to offer contracts to

18  participants of the Regular Class Optional Retirement Program.

19  Private-sector companies include nonprofit investment

20  management companies, insurance companies, depositories, and

21  mutual fund companies.

22         (b)  "Contract" means an individual contract or an

23  individual certificate issued for a group contract. The term

24  "execute a contract" includes execution of an individual

25  contract and execution of a group contract by the Division of

26  Retirement with issuance of an individual certificate.

27         (c)  "De minimis account" refers to total vested

28  account contributions and accumulated earnings under the

29  Regular Class Optional Retirement Program of not more than

30  $5,000.

31         (d)  "Eligible employee" means an employee, as defined

                                  45
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  in s. 121.021(11), who is a member of, or is eligible for

 2  membership in, the Regular Class of the Florida Retirement

 3  System. However, the term does not include any employee who is

 4  a participant of, or is eligible to participate in, any other

 5  optional retirement program authorized under this chapter, nor

 6  does the term include any renewed member of the Florida

 7  Retirement System under s. 121.122 or any member participating

 8  in the Deferred Retirement Option Program under s.

 9  121.091(13).

10         (e)  "Employer" means an employer, as defined in s.

11  121.021(10), of an eligible employee.

12         (f)  "Participant" means an eligible employee who

13  elects to participate in the Regular Class Optional Retirement

14  Program and enrolls in such optional program as provided in

15  subsection (4).

16         (g)  "Regular Class Optional Retirement Program" or

17  "optional program" means the alternative defined-contribution

18  retirement program established under this section.

19         (h)  "Vested" or "vesting" means the guarantee that a

20  participant is eligible to receive a full or partial

21  retirement benefit upon completion of the required years of

22  service under the Regular Class Optional Retirement Program.

23         (3)  ELIGIBILITY; RETIREMENT SERVICE CREDIT.--

24         (a)  Participation in the Regular Class Optional

25  Retirement Program is limited to eligible employees.

26         (b)  An eligible employee who is a member of the

27  Florida Retirement System at the time of his or her election

28  to participate in the Regular Class Optional Retirement

29  Program shall retain all retirement service credit earned

30  under the Florida Retirement System, at the rate earned.

31  However, election to participate in the Regular Class Optional

                                  46
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  Retirement Program terminates the active membership of the

 2  employee in the Florida Retirement System, and the service of

 3  a participant in the Regular Class Optional Retirement Program

 4  will not be creditable under the Florida Retirement System,

 5  nor will the participant be eligible for disability retirement

 6  under the Florida Retirement System.

 7         (c)  Notwithstanding paragraph (b), each existing

 8  employee who elects to participate in the Regular Class

 9  Optional Retirement Program and establishes one or more

10  individual participant accounts under the program may elect to

11  transfer to the optional program a sum representing the

12  actuarial equivalent present value of the employee's accrued

13  service benefit under the Florida Retirement System. Upon such

14  election, the actuarial present value for the participant

15  shall be determined using the discount rate and other

16  actuarial assumptions used to value the Florida Retirement

17  System Trust Fund at the time the amount to be transferred is

18  determined and disregarding any vesting requirement that would

19  otherwise apply under the Florida Retirement System. As

20  directed by the participant, the division shall transfer the

21  appropriate amounts to the designated accounts. The division

22  shall establish transfer procedures by rule. Upon such

23  transfer, all service credit previously earned under the

24  Florida Retirement System shall be nullified for purposes of

25  entitlement to a future benefit under the Florida Retirement

26  System. Transfers are noncommissionable, must be made

27  expeditiously, and may be in the form of securities or cash.

28         (4)  PARTICIPATION.--

29         (a)  With respect to eligible employees who are

30  employed in a regularly established position on July 1, 2001:

31         1.  Any such employee may elect to participate in the

                                  47
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  Regular Class Optional Retirement Program in lieu of retaining

 2  his or her membership in the Regular Class of the Florida

 3  Retirement System. The election must be made in writing and

 4  must be filed with the division and the personnel officer of

 5  the employer within 90 days after July 1, 2001, or, in the

 6  case of an active employee who is on a leave of absence on

 7  July 1, 2001, within 90 days after the conclusion of the leave

 8  of absence. Upon making such election, the employee shall

 9  become a participant of the Regular Class Optional Retirement

10  Program, and the employee's membership in the Florida

11  Retirement System will terminate. The employee's enrollment in

12  the Regular Class Optional Retirement Program will be

13  effective the first day of the month for which a full month's

14  employer contribution is made to the optional program.

15         2.  Any such employee who fails to elect to participate

16  in the Regular Class Optional Retirement Program within the

17  prescribed 90 days is deemed to have elected to retain

18  membership in the Florida Retirement System.

19         (b)  With respect to employees who become eligible to

20  participate in the Regular Class Optional Retirement Program

21  by reason of employment in a regularly established position

22  commencing after July 1, 2001:

23         1.  Any such employee shall, by default, be enrolled in

24  the Florida Retirement System at the commencement of

25  employment, and may, within 90 days after employment

26  commences, elect to participate in the Regular Class Optional

27  Retirement Program. The employee's election must be made in

28  writing and must be filed with the personnel officer of the

29  employer.

30         a.  If the employee files such election before the

31  initial payroll is submitted for the employee, enrollment in

                                  48
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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  the Regular Class Optional Retirement Program will be

 2  effective on the first day of employment.

 3         b.  If the employee files such election within 90 days

 4  after employment commences, but after the initial payroll is

 5  submitted for the employee, enrollment in the optional program

 6  will be effective on the first day of the month for which a

 7  full month's employer contribution is made to the optional

 8  program.

 9         2.  Any such employee who fails to elect to participate

10  in the Regular Class Optional Retirement Program within the

11  prescribed 90 days is deemed to have elected to retain

12  membership in the Florida Retirement System.

13         (c)  With respect to eligible employees who become

14  eligible to participate in the Regular Class Optional

15  Retirement Program by reason of a change in eligibility status

16  occurring on or after July 1, 2001:

17         1.  Upon a change in eligibility status, the employer

18  must provide written notice to the employee stating that, due

19  to the change in eligibility status, the employee has the

20  option to participate in the Regular Class Optional Retirement

21  Program in lieu of retaining membership in the Florida

22  Retirement System Regular Class, if he or she exercises the

23  option within 90 days after the notification date.

24         2.  Any such employee may, within 90 days after the

25  notification date, elect to participate in the Regular Class

26  Optional Retirement Program. The employee's election must be

27  made in writing and must be filed with the personnel officer

28  of the employer. If the employee files an election to

29  participate in the Regular Class Optional Retirement Program

30  within the prescribed 90 days, enrollment in the optional

31  program will be effective on the first day of the month for

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  which a full month's employer contribution is made to the

 2  optional program.

 3         3.  Any such employee who fails to elect to participate

 4  in the Regular Class Optional Retirement Program within the

 5  prescribed 90 days is deemed to have elected to retain

 6  membership in the Florida Retirement System.

 7         (d)  The provisions of paragraph (a), paragraph (b), or

 8  paragraph (c) to the contrary notwithstanding:

 9         1.  Any eligible employee who elects to participate in

10  the Regular Class Optional Retirement Program but fails to

11  execute a contract with one of the approved providers within

12  90 days after enrollment in the optional program, or who fails

13  to properly notify, within the prescribed 90 days, the

14  division that such contract has been executed, shall be deemed

15  to have executed an annuity contract with the State Board of

16  Administration, and all appropriate contributions shall be

17  transferred to the State Board of Administration for

18  allocation to the participant's account.

19         2.  Any participant of the Regular Class Optional

20  Retirement Program who, before executing the required contract

21  and notifying the division, terminates employment or otherwise

22  experiences a change in eligibility status such that he or she

23  is no longer eligible to participate in the optional program

24  is deemed to have elected membership in the Florida Retirement

25  System. Such membership is retroactive to the date of

26  enrollment, and all appropriate contributions will be made to

27  the Florida Retirement System Trust Fund and the Health

28  Insurance Subsidy Trust Fund.

29         (e)  The election to participate in the Regular Class

30  Optional Retirement Program is irrevocable for as long as the

31  employee holds a position eligible for participation in the

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  optional program and otherwise continues to meet the

 2  requirements of this section.

 3         (5)  CONTRIBUTIONS.--

 4         (a)1.  Each employer shall contribute on behalf of each

 5  participant in the Regular Class Optional Retirement Program

 6  an amount equal to 8.21 percent of the employee's gross

 7  salary. The employer shall forward to the division the

 8  required contributions for each participant of the optional

 9  program, and the division shall forward the contributions to

10  the designated providers contracting for payment of benefits

11  for the participant, less an amount approved by the

12  Legislature, which shall be deducted by the division to

13  provide for the administration of the program. However, such

14  contributions may not be forwarded to a provider and do not

15  begin to accrue interest until the employee has executed a

16  contract and notified the division.

17         2.  Contributions by each employer and each participant

18  which are required for social security coverage under the

19  federal Social Security Act must be maintained for each

20  participant in the Regular Class Optional Retirement Program,

21  in addition to the retirement contributions specified in this

22  subsection.

23         (b)  Each participant in the Regular Class Optional

24  Retirement Program who has executed a contract may contribute,

25  on a posttax basis, to his or her account under the Regular

26  Class Optional Retirement Program, subject to federal

27  requirements applicable to defined-contribution plans under s.

28  401(a) of the Internal Revenue Code. Interest and investment

29  earnings on such contributions will accrue on a tax-deferred

30  basis until the proceeds are distributed. Participant

31  contributions shall be made by way of salary deduction,

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  undertaken by written agreement between the participant and

 2  his or her employer, and may not exceed the amount contributed

 3  by the employer on behalf of the participant. The employer

 4  shall forward to the division the designated contributions for

 5  each participant of the optional program, and the division

 6  shall forward the contributions to the designated approved

 7  provider or providers contracting for payment of benefits for

 8  the participant under the program.

 9

10  Contributions made under the optional program shall be

11  deposited in the Regular Class Optional Retirement Program

12  Trust Fund established in the State Treasury and administered

13  by the Division of Retirement, and payments shall be made

14  therefrom to the approved providers on behalf of the Regular

15  Class Optional Retirement Program participants.

16         (c)  If a participant in the Regular Class Optional

17  Retirement Program has the opportunity, through his or her

18  employer, to participate in a tax sheltered annuity plan

19  authorized under s. 403(b) of the United States Internal

20  Revenue Code, a deferred compensation plan authorized under s.

21  457 of the United States Internal Revenue Code, or a cash or

22  deferred arrangement available pursuant to s. 401(k) of the

23  United States Internal Revenue Code, the participant may,

24  through salary reduction or deduction, contribute on a pre-tax

25  basis to such other plan, subject to federal limitations.

26         (d)  Employers are responsible for notifying

27  participants regarding maximum contribution levels permitted

28  under the Internal Revenue Code. Individual participants are

29  responsible for monitoring their own employee contributions to

30  the Regular Class Optional Retirement Program, and employer

31  contributions made on their behalf, to ensure that

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  contribution totals do not exceed federally permitted

 2  maximums. If a participant contributes to any other

 3  tax-deferred plan as provided under paragraph (c), he or she

 4  is responsible for ensuring that total contributions made to

 5  the optional program and to any other such plan do not exceed

 6  federally permitted maximums.

 7         (6)  VESTING REQUIREMENTS.--A participant will be fully

 8  or partially vested in the Regular Class Optional Retirement

 9  Program only upon execution of a contract with an approved

10  provider. Subject thereto:

11         (a)  With respect to participant contributions, plus

12  interest and earnings thereon, participants are fully and

13  immediately vested.

14         (b)  With respect to employer contributions made on

15  behalf of the participant, plus interest and earnings thereon,

16  credit toward vesting under the optional program shall be

17  gradually earned, as follows:

18         1.  A participant who completes 2 years of service

19  under the optional program shall be considered to be

20  20-percent vested and is entitled to receive an

21  employer-funded benefit based on 20 percent of the employer

22  contributions made to the participant's account, plus interest

23  and earnings thereon.

24         2.  A member who completes 3 years of service under the

25  optional program shall be considered to be 40-percent vested

26  and is entitled to receive an employer-funded benefit based on

27  40 percent of the employer contributions made to the

28  participant's account, plus interest and earnings thereon.

29         3.  A member who completes 4 years of service under the

30  optional program shall be considered to be 60-percent vested

31  and is entitled to receive an employer-funded benefit based on

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  60 percent of the employer contributions made to the

 2  participant's account, plus interest and earnings thereon.

 3         4.  A member who completes 5 years of service under the

 4  optional program shall be considered to be 80-percent vested

 5  and is entitled to receive an employer-funded benefit based on

 6  80 percent of the employer contributions made to the

 7  participant's account, plus interest and earnings thereon.

 8         5.  Any member who completes 6 years of service under

 9  the optional program shall be considered to be 100-percent

10  vested, or fully vested, and is entitled to receive an

11  employer-funded benefit based on 100 percent of the employer

12  contributions made to the participant's account, plus interest

13  and earnings thereon.

14         (7)  BENEFITS.--Under the Regular Class Optional

15  Retirement Program:

16         (a)  Benefits shall be provided through individual

17  contracts, or individual certificates issued for group

18  contracts, in accordance with s. 401(a) of the Internal

19  Revenue Code.

20         (b)  Benefits shall accrue in individual accounts that

21  are participant-directed, portable, and funded by employer and

22  employee contributions and earnings thereon.

23         (c)  Benefits shall be payable in accordance with the

24  following terms and conditions:

25         1.  Benefits shall be payable only to a fully or

26  partially vested participant as provided in subsection (6), or

27  to his or her beneficiaries as designated by the participant

28  in the contract with an approved provider.

29         2.  Benefits shall be paid only by the designated

30  approved provider in accordance with the terms of the

31  contracts applicable to the participant.

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1         3.  To begin receiving the employer-funded benefits,

 2  the participant must be terminated from all employment with

 3  all Florida Retirement System employers, as provided in s.

 4  121.021(39). If a participant elects to receive his or her

 5  employer-funded benefits upon termination of employment, in

 6  accordance with the terms and conditions of the applicable

 7  provider contract, the participant must submit a written

 8  application to the division indicating his or her preferred

 9  distribution date and selecting an authorized method of

10  distribution as provided in paragraph (d). The division shall

11  forward a copy of such application to each approved provider

12  with which the participant has a contractual relationship

13  under the optional program. The participant may defer receipt

14  of employer-funded benefits until he or she chooses to make

15  such application.

16         4.  Benefits funded by the participant's personal

17  contributions may be paid out by an approved provider, within

18  the limits provided in the contract between the participant

19  and the provider, subject to federal requirements. The

20  participant shall notify the provider regarding the preferred

21  payment date, the amount to be paid out, and the provisions

22  under which he or she wants to receive such benefits. Payment

23  of participant-funded benefits may be deferred until the

24  participant chooses to provide such notice.

25         5.  In the event of a participant's death, moneys

26  accumulated by or on behalf of the participant, less

27  withholding taxes remitted to the Internal Revenue Service,

28  will be distributed to the participant's designated

29  beneficiary or beneficiaries, or to the participant's estate,

30  as if the participant retired on the date of death, as

31  provided in paragraph (e). No other death benefits will be

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  available for survivors of participants under the Regular

 2  Class Optional Retirement Program, except for such benefits,

 3  or coverage for such benefits, as are separately afforded by

 4  the employer, in the employer's discretion.

 5         (d)  Upon receipt by the division of a properly

 6  executed application for distribution of benefits, the total

 7  accumulated employer-funded benefit shall be payable to the

 8  participant, as:

 9         1.  A lifetime annuity payable to the participant. This

10  payment option is not available in the case of a de minimis

11  account;

12         2.  A cash-out of a de minimis account of $5,000 or

13  less, in accordance with rules adopted by the division; or

14         3.  A direct rollover distribution whereby all accrued

15  benefits, plus interest and investment earnings, are paid from

16  the participant's account directly to the custodian of an

17  eligible retirement plan, as defined in s. 402(c)(8)(B) of the

18  Internal Revenue Code, on behalf of the participant.

19         (e)  Survivor benefits shall be payable as:

20         1.  A lifetime annuity payable to the deceased

21  participant's designated beneficiaries. This payment option is

22  not available in the case of a de minimis account;

23         2.  A lump-sum distribution payable to the

24  beneficiaries, or to the deceased participant's estate;

25         3.  An eligible rollover distribution on behalf of the

26  surviving spouse of a deceased participant, whereby all

27  accrued benefits, plus interest and investment earnings, are

28  paid from the deceased participant's account directly to the

29  custodian of an individual retirement account or an individual

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

31  Internal Revenue Code, on behalf of the surviving spouse; or

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1         4.  A partial lump-sum payment whereby a portion of the

 2  accrued benefit is paid to the deceased participant's

 3  surviving spouse or other designated beneficiaries, less

 4  withholding taxes remitted to the Internal Revenue Service,

 5  and the remaining amount is transferred directly to the

 6  custodian of an individual retirement account or an individual

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

 8  Internal Revenue Code, on behalf of the surviving spouse. The

 9  proportions must be specified by the participant or the

10  surviving spouse.

11

12  This paragraph does not abrogate other applicable provisions

13  of state or federal law providing for payment of death

14  benefits.

15         (f)  The benefits payable to any person under the

16  Regular Class Optional Retirement Program, and any

17  contributions accumulated under such program, are not subject

18  to assignment, execution, attachment, or any legal process,

19  except for qualified domestic-relations orders by a court of

20  competent jurisdiction, income-deduction orders as provided in

21  s. 61.1301, and federal income tax levies.

22         (8)  ADMINISTRATION OF PROGRAM.--

23         (a)  The Regular Class Optional Retirement Program

24  authorized by this section shall be administered by the

25  division and affected employer agencies. The division shall

26  adopt rules establishing the role and responsibilities of

27  affected state and local government agencies in administering

28  the Regular Class Optional Retirement Program.

29         (b)1.  The division may select and contract with a

30  third-party administrator to provide administrative services,

31  including, but not limited to, services relating to:

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  consolidated billing; individual and collective recordkeeping

 2  and accounting; asset purchase, control, and safekeeping; and

 3  direct disbursement of funds to and from approved providers,

 4  employers, participants, and beneficiaries.

 5         2.  The division shall also select and contract with a

 6  third-party organization to develop and disseminate

 7  educational materials and provide educational services to

 8  employers, eligible employees, participants, and beneficiaries

 9  in order to maintain compliance with United States Department

10  of Labor regulations under section 404(c) of the Employee

11  Retirement Income Security Act of 1974 and to assist employees

12  in their choice of defined-benefit or defined-contribution

13  retirement alternatives. Such materials and services may

14  include, but are not limited to, providing retirement-planning

15  education; explaining the differences between the

16  defined-benefit retirement plan and the defined-contribution

17  retirement plan; and offering financial-planning guidance on

18  matters such as investment diversification, investment risks,

19  investment costs, and asset allocation. An approved provider

20  may not perform this function, but may provide information

21  concerning its products and services.

22

23  As a cost of administration, the division may compensate any

24  such contractor for its services, in accordance with the terms

25  of the contract, as is deemed necessary or proper by the

26  division and the contractor.

27         (c)  The division may authorize an approved provider to

28  make direct disbursement of funds under the optional program

29  to a participant or other beneficiary.

30         (9)  INVESTMENT PROVIDERS; INVESTMENT OPTIONS OR

31  PRODUCTS; PERFORMANCE REVIEW.--

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1         (a)  The division shall develop policy and procedures

 2  for selecting investment providers and products from which

 3  contracts may be purchased under the program. The State Board

 4  of Administration may advise the division and make

 5  recommendations with regard to selecting investment providers

 6  and products under subsection (11). In accordance with such

 7  policy and procedures, the division shall, through a

 8  competitive-bidding process, designate up to nine providers,

 9  one of which may be the State Board of Administration, and

10  shall approve the form and content of all investment

11  contracts. Potential provider companies may elect to submit

12  competitive bids or proposals to serve only a specific segment

13  of optional program participants, such as K-12 public school

14  district employees, and nothing in this section shall prohibit

15  the division from selecting one or more such providers as part

16  of the nine providers.

17         (b)  In evaluating and selecting private-sector

18  provider companies and products for the Regular Class Optional

19  Retirement Program, the division shall establish criteria

20  under which it will consider the relative capabilities and

21  qualifications of each proposed provider company. In

22  developing such criteria, the division shall consider:

23         1.  Experience in Florida and other states providing

24  retirement annuities or trusteed mutual fund arrangements or

25  other retirement products and related financial services under

26  defined-contribution pension plans.

27         2.  Financial strength and stability which shall be

28  evidenced by the highest ratings assigned by nationally

29  recognized rating services, when comparing proposed providers

30  that are so rated.

31         3.  Intrastate and interstate portability of the

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  product offered, including early withdrawal options.

 2         4.  Compliance with the Internal Revenue Code.

 3         5.  The cost-effectiveness of the products provided,

 4  and the levels of service supporting them, relative to their

 5  benefits and their characteristics, including, without

 6  limitation, the level of risk borne by the provider.

 7         6.  The provider company's ability and willingness to

 8  coordinate its activities with Florida Retirement System

 9  employers and the division, and to supply to such employers

10  and the division the information and data they require.

11         7.  The methods available to participants to interact

12  with the provider company, including the means by which

13  participants may access account information, direct investment

14  of contributions, make changes to their accounts, transfer

15  moneys between available investment vehicles, and transfer

16  moneys between provider companies, and shall consider any fees

17  that apply to such activities.

18         8.  The provider company's policies with respect to the

19  transfer of individual account balances, contributions, and

20  earnings thereon, both internally among investment products

21  offered by the provider company and externally between

22  provider companies, as well as any fees, charges, reductions,

23  or penalties that may be applied.

24         (d)  The division shall consider investment options or

25  products it considers appropriate to give participants the

26  opportunity to accumulate retirement benefits, subject to the

27  following:

28         1.  The Regular Class Optional Retirement Program must

29  offer a diversified mix of investment products.

30         2.  Investment options or products offered by the group

31  of approved providers may include mutual funds, group annuity

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  contracts, individual retirement annuities, interests in

 2  trusts, and other such financial instruments.

 3         (e)  The division shall periodically review the

 4  performance of each approved provider and each approved

 5  product to ensure continued compliance with established

 6  selection criteria and with division policy and procedures.

 7  Providers or products may be terminated, subject to contract

 8  provisions.

 9         (f)  Contracts must be renegotiated every 8 years in

10  order to provide new or different services or products.

11         (10)  CONTRACT REQUIREMENTS.--The division shall ensure

12  that each participant is provided a quarterly statement that

13  accounts for the contributions made by and on behalf of such

14  participants; the interest and investment earnings thereon;

15  and any fees, penalties, or other deductions that apply

16  thereto. At a minimum, such statements must:

17         1.  Indicate the participant's self-directed investment

18  options.

19         2.  State the market value of the account at the close

20  of the current quarter and previous quarter.

21         3.  Show account gains and losses for the period.

22         4.  Itemize account contributions for the quarter.

23         5.  Indicate any account changes due to adjustment of

24  contribution levels, reallocation of contributions, balance

25  transfers, or withdrawals.

26         6.  Set forth any fees, charges, penalties, and other

27  deductions that apply to the account.

28

29  Investment providers shall provide annual summary reports to

30  the division.

31         (11)  STATE BOARD OF ADMINISTRATION TO PROVIDE ADVICE

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  AND ASSISTANCE.--The State Board of Administration shall

 2  assist the division in implementing and administering the

 3  Regular Class Optional Retirement Program.

 4         (a)  At the request of the division, the board shall

 5  review proposals submitted by vendors seeking to become

 6  approved providers for the Regular Class Optional Retirement

 7  Program and shall submit to the division its recommendations

 8  regarding such vendors, based on:

 9         1.  An evaluation of specific investment products

10  proposed to be offered, taking into account each product's

11  track record in meeting its investment return objectives net

12  of all related fees, expenses, and charges, including, but not

13  limited to, investment management fees, loads, distribution

14  and marketing fees, custody fees, recordkeeping fees,

15  education fees, annuity expenses, and consulting fees; and

16         2.  Organizational factors, including, but not limited

17  to, financial solvency, organizational depth, and experience

18  in providing institutional investment services.

19         (b)  Once providers have been selected and approved,

20  the board shall periodically review investment product

21  performance and related organizational factors of the approved

22  providers. The board shall advise the division on the

23  acceptability of all investment products proposed to be

24  offered through contracts to the participants and may advise

25  the division of any changes necessary to ensure that the

26  Regular Class Optional Retirement Program offers a diversified

27  mix of investment products.

28         (c)  The State Board of Administration shall develop

29  and submit to the division its recommendations regarding the

30  form and content of contracts to be offered under the Regular

31  Class Optional Retirement Program. In developing its

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  recommendations, the board must consider:

 2         1.  The nature and extent of the rights and benefits to

 3  be afforded participants in relation to the required

 4  contributions under the program; and

 5         2.  The suitability of the rights and benefits to be

 6  afforded participants to the needs of the participants and the

 7  interests of employers in the recruitment and retention of

 8  eligible employees.

 9         (d)  The State Board of Administration shall review

10  proposals submitted by vendors seeking to contract with the

11  division to provide financial advice on retirement planning.

12  The board shall evaluate such proposals based on an assessment

13  of cost, product quality, independence from money-management

14  organizations, and organizational factors, including, but not

15  limited to, customer-service orientation, financial solvency,

16  organizational depth, and experience in providing investment

17  advisory and consulting services. Once a vendor is selected

18  and approved for this purpose, the board shall periodically

19  review the performance and organizational aspects of the

20  approved contractor and shall submit to the division

21  recommended changes necessary to ensure that program

22  participants receive appropriate and cost-effective investment

23  advice.

24

25  The Investment Advisory Council shall review any

26  recommendations of the board prior to submittal to the

27  division. The division shall make the final determination as

28  to whether any investment provider or product, any contractor,

29  or any and all contract provisions will be approved for the

30  program. Upon the recommendation of the Board of Trustees of

31  the State Board of Administration that it offer an optional

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  retirement program that it administers, the Division of

 2  Retirement shall commission an independent third-party firm to

 3  conduct a review of the product to be offered so as to effect

 4  substantial compliance with the provisions of this subsection.

 5         (12)  FEDERAL REQUIREMENTS.--

 6         (a)  Provisions of this section shall be construed, and

 7  the Regular Class Optional Retirement Program shall be

 8  administered, so as to comply with the Internal Revenue Code,

 9  Title 26 U.S.C., and specifically with plan qualification

10  requirements imposed on governmental plans under s. 401(a) of

11  the Internal Revenue Code.

12         (b)  Any section or provision of this chapter which is

13  susceptible to more than one construction must be interpreted

14  in favor of the construction most likely to satisfy

15  requirements imposed by s. 401(a) of the Internal Revenue

16  Code.

17         (c)  Contributions payable under this section for any

18  limitation year may not exceed the maximum amount allowable

19  for qualified defined-contribution pension plans under

20  applicable provisions of the Internal Revenue Code. If an

21  employee who has elected to participate in the Regular Class

22  Optional Retirement Program participates in any other plan

23  that is maintained by the participating employer, benefits

24  that accrue under the Regular Class Optional Retirement

25  Program shall be considered primary for any aggregate

26  limitation applicable under s. 415 of the Internal Revenue

27  Code.

28         (13)  INVESTMENT POLICY STATEMENT.--

29         (a)  Investment products and providers selected for the

30  regular class optional retirement system shall be in

31  conformance with the Regular Class Optional Retirement System

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  Investment Policy Statement, herein referred to as the

 2  "Statement," as developed by the executive director of the

 3  State Board of Administration, approved by the board, and

 4  submitted to the Division of Retirement. The Statement must

 5  include, among other items, the investment objectives of the

 6  Regular Class Optional Retirement System; manager selection

 7  and monitoring guidelines; and performance measurement

 8  criteria. As required from time to time, the executive

 9  director of the State Board of Administration may present

10  recommended changes in the Statement to the board for

11  approval.

12         (b)  Prior to any recommended changes in the Statement

13  being presented to the State Board of Administration, the

14  executive director of the board shall present such changes to

15  the Investment Advisory Council for review. The council shall

16  present the results of its review to the board prior to the

17  board's final approval of the Statement or changes in the

18  Statement.

19         (14)  STATEMENT OF FIDUCIARY STANDARDS AND

20  RESPONSIBILITIES.--

21         (a)  Investment of regular class optional retirement

22  program assets shall be made for the sole interest and

23  exclusive purpose of providing benefits to program

24  participants and beneficiaries and defraying reasonable

25  expenses of administering the program. The program's assets

26  are to be invested with the care, skill, and diligence that a

27  prudent person acting in a like manner would undertake. The

28  performance of the above investment duties shall comply with

29  the fiduciary standards set forth in the Employee Retirement

30  Income Security Act of 1974 at 29 U.S.C. s. 1104(a)(1)(A)

31  through (C). In case of conflict with other provisions of law

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  authorizing investments, the investment and fiduciary

 2  standards set forth in this subsection shall prevail.

 3         (b)  The program's investment fiduciaries shall not be

 4  liable for losses to a participant's or beneficiary's account

 5  that result from the participant's or beneficiary's exercise

 6  of control. The assets of the regular class optional

 7  retirement program shall be maintained in compliance with the

 8  United States Department of Labor regulation under section

 9  404(c) of the Employee Retirement Income Security Act of 1974

10  and all applicable laws governing the operation of the

11  program.

12         Section 23.  Subsection (2) of section 112.363, Florida

13  Statutes, 1998 Supplement, is amended to read:

14         112.363  Retiree health insurance subsidy.--

15         (2)  ELIGIBILITY FOR RETIREE HEALTH INSURANCE

16  SUBSIDY.--A person who is retired under a state-administered

17  retirement system, or a beneficiary who is a spouse or

18  financial dependent entitled to receive benefits under a

19  state-administered retirement system, is eligible for health

20  insurance subsidy payments provided under this section; except

21  that pension recipients under ss. 121.055(1)(b)2., 121.36,

22  121.40, 238.07(16)(a), and 250.22, recipients of health

23  insurance coverage under s. 110.1232, or any other special

24  pension or relief act shall not be eligible for such payments.

25  Payment of the retiree health insurance subsidy shall be made

26  only after coverage for health insurance for the retiree or

27  beneficiary has been certified in writing to the Division of

28  Retirement.  Participation in a former employer's group health

29  insurance program is not a requirement for eligibility under

30  this section.  However, participants in the State Community

31  College System Optional Retirement Program as provided in s.

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  121.051(2)(c), the Senior Management Service Optional Annuity

 2  Program as provided in s. 121.055(6), and the State University

 3  System Optional Retirement Program as provided in s. 121.35

 4  shall not receive the retiree health insurance subsidy

 5  provided in this section.  The employer of such participant

 6  shall pay the contributions required in subsection (8) to the

 7  annuity program provided in s. 121.051(2)(c), s.

 8  121.055(6)(d), or s. 121.35(4)(a), as applicable.

 9         Section 24.  In any solicitation or offer of coverage

10  under an optional retirement program, a provider company shall

11  be governed by the contract readability provisions of section

12  627.4145, Florida Statutes, notwithstanding section

13  627.4145(6)(c), Florida Statutes. In addition, all descriptive

14  materials must be prepared under the assumption that the

15  participant is an unsophisticated investor. Provider companies

16  must maintain an internal system of quality assurance, have

17  proven functional systems that are date-calculation compliant,

18  and be subject to a due-diligence inquiry that proves their

19  capacity and fitness to undertake service responsibilities.

20         Section 25.  Paragraph (e) is added to subsection (3)

21  of section 112.363, Florida Statutes, 1998 Supplement, to

22  read:

23         112.363  Retiree health insurance subsidy.--

24         (3)  RETIREE HEALTH INSURANCE SUBSIDY AMOUNT.--

25         (e)  Beginning July 1, 2001, each eligible retiree or,

26  if the retiree is deceased, his or her beneficiary who is

27  receiving a monthly benefit from such retiree's account and

28  who is a spouse, or a person who meets the definition of joint

29  annuitant in s. 121.021(28), shall receive a monthly retiree

30  health insurance subsidy payment equal to the number of years

31  of creditable service, as defined in s. 121.021(17), completed

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  at the time of retirement multiplied by $5. No eligible

 2  retiree or beneficiary may receive a subsidy payment of more

 3  than $150 or less than $30. If there are multiple

 4  beneficiaries, the total payment may not be greater than the

 5  payment to which the retiree was entitled.

 6         Section 26.  Subsections (29) and (45) of section

 7  121.021, Florida Statutes, 1998 Supplement, are amended to

 8  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         (29)  "Normal retirement date" means the first day of

13  any month following the date a member attains one of the

14  following statuses:

15         (a)  If a Regular Class member, the member:

16         1.  Completes 6 10 or more years of creditable service

17  and attains age 62; or

18         2.  Completes 30 years of creditable service,

19  regardless of age, which may include a maximum of 4 years of

20  military service credit as long as such credit is not claimed

21  under any other system.

22         (b)  If a Special Risk Class member, the member:

23         1.  Completes 6 10 or more years of creditable service

24  in the Special Risk Class and attains age 55;

25         2.  Completes 25 years of creditable service in the

26  Special Risk Class, regardless of age; or

27         3.  Completes 25 years of creditable service and

28  attains age 52, which service may include a maximum of 4 years

29  of military service credit as long as such credit is not

30  claimed under any other system and the remaining years are in

31  the Special Risk Class.

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1         (c)  If a Senior Management Service Class member, the

 2  member:

 3         1.  Completes 6 7 years of creditable service in the

 4  Senior Management Service Class and attains age 62; or

 5         2.  Completes 30 years of any creditable service,

 6  regardless of age, which may include a maximum of 4 years of

 7  military service credit as long as such credit is not claimed

 8  under any other system.

 9         (d)  If an Elected State County Officers' Class member,

10  the member:

11         1.  Completes 6 8 years of creditable service in the

12  Elected State and County Officers' Class and attains age 62;

13  or

14         2.  Completes 30 years of any creditable service,

15  regardless of age, which may include a maximum of 4 years of

16  military service credit as long as such credit is not claimed

17  under any other system.

18

19  "Normal retirement age" is attained on the "normal retirement

20  date."

21         (45)(a)  "Vested" or "vesting" means the guarantee that

22  a member is eligible to receive a future retirement benefit

23  upon completion of the required years of creditable service

24  for the employee's class of membership, even though the member

25  may have terminated covered employment before reaching normal

26  or early retirement date. Being vested does not entitle a

27  member to a disability benefit; provisions governing

28  entitlement to disability benefits are set forth under s.

29  121.091(4) based on a disability caused by an injury or

30  disease that occurs after termination of covered employment.

31         (b)  Effective July 1, 2001, a graded vesting system

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  shall be implemented for the Florida Retirement System whereby

 2  any member who is employed in a regularly established position

 3  on or after July 1, 2001, will earn credit toward vesting as

 4  described in paragraph (a), as follows:

 5         1.  Any such member completing 2 years of creditable

 6  service shall be considered to be 20 percent vested and shall

 7  be entitled to a future benefit based on 20 percent of the

 8  retirement credit earned for his or her service.

 9         2.  Any such member completing 3 years of creditable

10  service shall be considered to be 40 percent vested and shall

11  be entitled to a future benefit based on 40 percent of the

12  retirement credit earned for his or her service.

13         3.  Any such member completing 4 years of creditable

14  service shall be considered to be 60 percent vested and shall

15  be entitled to a future benefit based on 60 percent of the

16  retirement credit earned for his or her service.

17         4.  Any such member completing 5 years of creditable

18  service shall be considered to be 80 percent vested and shall

19  be entitled to a future benefit based on 80 percent of the

20  retirement credit earned for his or her service.

21         5.  Any such member completing 6 years of creditable

22  service shall be considered to be 100 percent vested, or fully

23  vested as described in paragraph (a).

24

25  Inactive members will not be considered fully or partially

26  vested solely by operation of the provisions of this

27  paragraph. Any member who is not employed in a regularly

28  established position on July 1, 2001, will be deemed partially

29  or fully vested as provided in this paragraph only upon

30  subsequent employment in a covered position for 1 work year,

31  except that no member may be required to complete more years

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  of creditable service than would have been required for that

 2  member to vest under retirement laws in effect before July 1,

 3  2001.

 4         Section 27.  Paragraph (a) of subsection (7) of section

 5  121.0515, Florida Statutes, 1998 Supplement, is amended to

 6  read:

 7         121.0515  Special risk membership; criteria;

 8  designation and removal of classification; credits for past

 9  service and prior service; retention of special risk normal

10  retirement date.--

11         (7)  RETENTION OF SPECIAL RISK NORMAL RETIREMENT

12  DATE.--

13         (a)  A special risk member who is moved or reassigned

14  to a nonspecial risk law enforcement, firefighting, or

15  correctional administrative support position with the same

16  agency, or who is subsequently employed in such a position

17  with any law enforcement, firefighting, or correctional agency

18  under the Florida Retirement System, shall participate in the

19  Special Risk Administrative Support Class and shall earn

20  credit for such service at the same percentage rate as that

21  earned by a regular member.  Notwithstanding the provisions of

22  subsection (4), service in such an administrative support

23  position shall, for purposes of s. 121.091, apply toward

24  satisfaction of the special risk normal retirement date, as

25  defined in s. 121.021(29)(b), provided that, while in such

26  position, the member remains certified as a law enforcement

27  officer, firefighter, or correctional officer; remains subject

28  to reassignment at any time to a position qualifying for

29  special risk membership; and completes an aggregate of 6 10 or

30  more years of service as a designated special risk member

31  prior to retirement.

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1         Section 28.  Paragraph (d) is added to subsection (5)

 2  of section 121.052, Florida Statutes, 1998 Supplement, and

 3  subsection (8) and paragraphs (b) and (c) of subsection (12)

 4  of that section are amended, to read:

 5         121.052  Membership class of elected officers.--

 6         (5)  UPGRADED SERVICE; PURCHASE OF ADDITIONAL CREDIT.--

 7         (d)  Any member of the Florida Retirement System who

 8  serves as the elected mayor of a consolidated local

 9  government, which government by its charter has chosen status

10  as a municipality rather than a county government for purposes

11  of the state retirement system administered under this

12  chapter, may elect membership in the Elected State and County

13  Officers' Class established by this section for the duration

14  of the term of office. Any such mayor or former mayor shall be

15  eligible for membership in this class for the term of office,

16  provided the member or the local government employer pays the

17  retirement contributions that would have been paid had actual

18  participation commenced at that time, plus interest at 6.5

19  percent compounded each June 30 from date of participation

20  until date of payment. No retirement credit will be allowed

21  under this subsection for any such service which is used to

22  obtain a benefit under any local retirement system.

23         (8)  NORMAL RETIREMENT DATE; VESTING REQUIREMENT.--A

24  member of the Elected State and County Officers' Class shall

25  have the same normal retirement date and vesting requirement

26  as provided defined in s. 121.021(29) and (45) for a member of

27  the regular class of the Florida Retirement System, except

28  that only 8 years of creditable service in this class are

29  needed to attain the normal retirement date specified in s.

30  121.021(29)(a).  Any public service commissioner who was

31  removed from the Elected State Officers' Class on July 1,

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  1979, after attaining at least 8 years of creditable service

 2  in that class shall be considered to have reached the normal

 3  retirement date upon attaining age 62 as required in s.

 4  121.021(29)(a).

 5         (12)  BENEFITS.--

 6         (b)  The benefit provisions of s. 121.091(2)-(6), (8),

 7  (9), and (11), relating to benefits payable for dual normal

 8  retirement ages, early retirement, disability retirement,

 9  termination benefits, optional forms of retirement,

10  designation of beneficiaries, employment after retirement, and

11  method of computing actuarial equivalent, respectively, shall

12  also apply to members of the Elected State and County

13  Officers' Class, except that only 8 years of creditable

14  service in this class are needed to attain the benefits

15  specified in s. 121.091(3) and (5). These provisions shall be

16  construed in such manner as to make them compatible with the

17  provisions of this section.

18         (c)  The benefit provisions of s. 121.091(7), relating

19  to death benefits, shall apply to members of the Elected State

20  and County Officers' Class and shall be construed in such

21  manner as to make them compatible with the provisions of this

22  section; however, only 8 years of creditable service in this

23  class are needed to obtain such benefits, except that:

24         1.  If any elected official dies in office who would

25  have been vested under the Elected State and County Officers'

26  Class, any other class of the Florida Retirement System, or

27  any other state-administered retirement system, if the

28  official had lived to complete his or her term of office, the

29  official's spouse may elect to leave the official's retirement

30  contributions in the retirement trust fund and pay into said

31  fund any required contributions which would have been paid by

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  the officer or the employer had the officer lived to complete

 2  the term of office.

 3         2.  If a deceased member's surviving spouse as

 4  described in subparagraph 1. previously received a refund of

 5  the member's contributions made to the retirement trust fund,

 6  the surviving spouse may pay into the retirement trust fund an

 7  amount equal to the deceased member's contributions previously

 8  refunded, together with interest at 4 percent compounded

 9  annually on the amount of such refunded contributions from the

10  date of refund until July 1, 1975, and at 6.5 percent

11  compounded annually thereafter to the date of payment, plus

12  such additional contributions as may be required under

13  subparagraph 1., in order to become vested, as applicable.

14

15  Upon conclusion of the term of office to which the deceased

16  officer was elected, a spouse who pays into the retirement

17  trust fund such additional or refunded contributions, plus

18  interest, shall be eligible to receive a monthly benefit in

19  the same manner as the surviving spouse of a member who dies

20  after accumulating the required number of years of creditable

21  service as described herein.

22         Section 29.  Paragraph (a) of subsection (1) of section

23  121.053, Florida Statutes, 1998 Supplement, is amended to

24  read:

25         121.053  Participation in the Elected State and County

26  Officers' Class for retired members.--

27         (1)(a)  Any member who retired under any existing

28  system as defined in s. 121.021(2), and receives a benefit

29  thereof, and who serves in an office covered by the Elected

30  State and County Officers' Class for a period of at least 6 8

31  years, shall be entitled to receive an additional retirement

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  benefit for such elected officer service prior to July 1,

 2  1990, under the Elected State and County Officers' Class of

 3  the Florida Retirement System, as follows:

 4         1.  Upon completion of 6 8 or more years of creditable

 5  service in an office covered by the Elected State and County

 6  Officers' Class, s. 121.052, such member shall notify the

 7  administrator of his or her intent to purchase elected officer

 8  service prior to July 1, 1990, and shall pay the member

 9  contribution applicable for the period being claimed, plus 4

10  percent interest compounded annually from the first year of

11  service claimed until July 1, 1975, and 6.5 percent interest

12  compounded annually thereafter, until full payment is made to

13  the Florida Retirement System Trust Fund; however, such member

14  may purchase retirement credit under the Elected State and

15  County Officers' Class only for such service as an elected

16  officer.

17         2.  Upon payment of the amount specified in

18  subparagraph 1., the employer shall pay into the Florida

19  Retirement System Trust Fund the applicable employer

20  contribution for the period of elected officer service prior

21  to July 1, 1990, being claimed by the member, plus 4 percent

22  interest compounded annually from the first year of service

23  claimed until July 1, 1975, and 6.5 percent interest

24  compounded annually thereafter, until full payment is made to

25  the Florida Retirement System Trust Fund.

26         Section 30.  Paragraph (b) of subsection (4) of section

27  121.055, Florida Statutes, 1998 Supplement, is amended to

28  read:

29         121.055  Senior Management Service Class.--There is

30  hereby established a separate class of membership within the

31  Florida Retirement System to be known as the "Senior

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  Management Service Class," which shall become effective

 2  February 1, 1987.

 3         (4)

 4         (b)  Service in an eligible position prior to February

 5  1, 1987, or after January 31, 1987, shall satisfy the

 6  requirement of attaining the normal retirement date as defined

 7  in s. 121.021(29) for a Senior Management Service Class

 8  member, provided the employee is a member of the Senior

 9  Management Service Class after January 31, 1987.  A member of

10  this class who fails to complete 6 7 years of creditable

11  service in an eligible position shall be required to satisfy

12  the requirements for the normal retirement date for a regular

13  member as provided in s. 121.021(29).

14         Section 31.  Paragraph (i) of subsection (1) of section

15  121.081, Florida Statutes, 1998 Supplement, is amended to

16  read:

17         121.081  Past service; prior service;

18  contributions.--Conditions under which past service or prior

19  service may be claimed and credited are:

20         (1)

21         (i)  An employee of a state agency who was a member of

22  a state-administered retirement system and who was granted

23  educational leave with pay pursuant to a written educational

24  leave-with-pay policy may claim such period of educational

25  leave as past service subject to the following conditions:

26         1.  The educational leave must have occurred prior to

27  December 31, 1971;

28         2.  The member must have completed at least 6 10 years

29  of creditable service excluding the period of the educational

30  leave;

31         3.  The employee must have returned to employment with

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  a state agency employer who participated in the retirement

 2  system, which return was immediately upon termination of the

 3  educational leave, and must have remained on the employer's

 4  payroll for at least 30 calendar days following the return to

 5  employment;

 6         4.  The employee must be a member of the Florida

 7  Retirement System at the time he or she claims such service;

 8         5.  Not more than 24 months of creditable service may

 9  be claimed for such period of educational leave with pay;

10         6.  The service must not be claimed under any other

11  state or federal retirement system; and

12         7.  The member must pay to the retirement trust fund

13  for claiming such past-service credit an amount equal to 8

14  percent of his or her gross annual salary immediately prior to

15  the educational leave with pay for each year of past service

16  claimed, plus 4 percent interest thereon compounded annually

17  each June 30 from the first year of service claimed until July

18  1, 1975, and 6.5 percent interest thereafter on the unpaid

19  balance compounded annually each June 30 until paid.

20         Section 32.  Paragraphs (a) and (j) of subsection (4)

21  of section 121.091, Florida Statutes, 1998 Supplement, are

22  amended to read:

23         121.091  Benefits payable under the system.--Benefits

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

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

26  begun participation in the Deferred Retirement Option Program

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

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

29  division may cancel an application for retirement benefits

30  when the member or beneficiary fails to timely provide the

31  information and documents required by this chapter and the

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





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

 2  procedures for application for retirement benefits and for the

 3  cancellation of such application when the required information

 4  or documents are not received.

 5         (4)  DISABILITY RETIREMENT BENEFIT.--

 6         (a)  Disability retirement; entitlement and effective

 7  date.--

 8         1.  A member who becomes totally and permanently

 9  disabled, as defined in paragraph (b), after completing 5

10  years of creditable service, or a member who becomes totally

11  and permanently disabled in the line of duty regardless of

12  service, shall be entitled to a monthly disability benefit;

13  except that any member with less than 5 years of creditable

14  service on July 1, 1980, or any person who becomes a member of

15  the Florida Retirement System on or after such date must have

16  completed 10 years of creditable service prior to becoming

17  totally and permanently disabled in order to receive

18  disability retirement benefits for any disability which occurs

19  other than in the line of duty. However, if a member employed

20  on July 1, 1980, with less than 5 years of creditable service

21  as of that date, becomes totally and permanently disabled

22  after completing 5 years of creditable service and is found

23  not to have attained fully insured status for benefits under

24  the federal Social Security Act, such member shall be entitled

25  to a monthly disability benefit.

26         2.  If the division has received from the employer the

27  required documentation of the member's termination of

28  employment, the effective retirement date for a member who

29  applies and is approved for disability retirement shall be

30  established by rule of the division.

31         3.  For a member who is receiving Workers' Compensation

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  payments, the effective disability retirement date may not

 2  precede the date the member reaches Maximum Medical

 3  Improvement (MMI), unless the member terminates employment

 4  prior to reaching MMI.

 5         (j)  Disability retirement of justice or judge by order

 6  of Supreme Court.--

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

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

 9  of a county court who has served for 6 10 years or more as an

10  elected constitutional judicial officer, including service as

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

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

13  by order of the Supreme Court upon recommendation of the

14  Judicial Qualifications Commission pursuant to the provisions

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

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

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

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

19  alternatively elect to receive a disability retirement benefit

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

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

22  Florida Retirement System be retired for disability by order

23  of the Supreme Court upon recommendation of the Judicial

24  Qualifications Commission pursuant to the provisions of Art. V

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

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

27  the employer shall be transferred to and deposited in the

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

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

30  paid into the Florida Retirement System Fund, an amount

31  necessary to pay the benefits of all justices and judges

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





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

 2  of the State Constitution.

 3         Section 33.  Paragraph (b) of subsection (1) of section

 4  121.1115, Florida Statutes, is amended to read:

 5         121.1115  Purchase of retirement credit for

 6  out-of-state and federal service.--Effective January 1, 1995,

 7  a member of the Florida Retirement System may purchase

 8  creditable service for periods of public employment in another

 9  state and receive creditable service for such periods of

10  employment. Service with the Federal Government, including any

11  military service, may be claimed. Upon completion of each year

12  of service earned under the Florida Retirement System, a

13  member may purchase up to 1 year of retirement credit for his

14  or her out-of-state service, subject to the following

15  provisions:

16         (1)  LIMITATIONS AND CONDITIONS.--To receive credit for

17  the out-of-state service:

18         (b)  The member must have completed a minimum of 6 10

19  years of creditable service under the Florida Retirement

20  System, excluding out-of-state service and in-state service

21  claimed and purchased under s. 121.1122.

22         Section 34.  Paragraph (a) of subsection (2) of section

23  121.1122, Florida Statutes, 1998 Supplement, is amended to

24  read:

25         121.1122  Purchase of retirement credit for in-state

26  public service and in-state service in accredited nonpublic

27  schools and colleges, including charter schools and charter

28  technical career centers.--Effective January 1, 1998, a member

29  of the Florida Retirement System may purchase creditable

30  service for periods of certain public or nonpublic employment

31  performed in this state, as provided in this section.

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1         (2)  LIMITATIONS AND CONDITIONS.--

 2         (a)  A member is not eligible to receive credit for

 3  in-state service under this section until he or she has

 4  completed 6 10 years of creditable service under the Florida

 5  Retirement System, excluding service purchased under this

 6  section and out-of-state service claimed and purchased under

 7  s. 121.1115.

 8         Section 35.  Paragraph (a) of subsection (1) of section

 9  121.121, Florida Statutes, 1998 Supplement, is amended to

10  read:

11         121.121  Authorized leaves of absence.--

12         (1)  A member may purchase creditable service for up to

13  2 work years of authorized leaves of absence if:

14         (a)  The member has completed a minimum of 6 10 years

15  of creditable service, excluding periods for which a leave of

16  absence was authorized;

17         (b)  The leave of absence is authorized in writing by

18  the employer of the member and approved by the administrator;

19         (c)  The member returns to active employment performing

20  service with a Florida Retirement System employer in a

21  regularly established position immediately upon termination of

22  the leave of absence and remains on the employer's payroll for

23  1 calendar month, except that a member who retires on

24  disability while on a medical leave of absence shall not be

25  required to return to employment. A member whose work year is

26  less than 12 months and whose leave of absence terminates

27  between school years is eligible to receive credit for the

28  leave of absence as long as he or she returns to the

29  employment of his or her employer at the beginning of the next

30  school year and remains on the employer's payroll for 1

31  calendar month; and

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1         (d)  The member makes the required contributions for

 2  service credit during the leave of absence, which shall be 8

 3  percent until January 1, 1975, and 9 percent thereafter of his

 4  or her rate of monthly compensation in effect immediately

 5  prior to the commencement of such leave for each month of such

 6  period, plus 4 percent interest until July 1, 1975, and 6.5

 7  percent interest thereafter on such contributions, compounded

 8  annually each June 30 from the due date of the contribution to

 9  date of payment. Effective July 1, 1980, any leave of absence

10  purchased pursuant to this section shall be at the

11  contribution rates specified in s. 121.071 in effect at the

12  time the leave is granted for the class of membership from

13  which the leave of absence was granted; however, any member

14  who purchased leave-of-absence credit prior to July 1, 1980,

15  for a leave of absence from a position in a class other than

16  the regular membership class, may pay the appropriate

17  additional contributions plus compound interest thereon and

18  receive creditable service for such leave of absence in the

19  membership class from which the member was granted the leave

20  of absence.

21         Section 36.  The Legislature finds that a proper and

22  legitimate state purpose is served when employees and retirees

23  of the state and of its political subdivisions, and the

24  dependents, survivors, and beneficiaries of such employees and

25  retirees, are extended the basic protections afforded by

26  governmental retirement systems that provide fair and adequate

27  benefits that are managed, administered, and funded in an

28  actuarially sound manner, as required by Section 14 of Article

29  X of the State Constitution and part VII of chapter 112,

30  Florida Statutes. Therefore, the Legislature determines and

31  declares that this act fulfills an important state interest.

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1         Section 37.  The Regular Class Optional Retirement

 2  Program created by this act shall be implemented beginning

 3  July 1, 2001, contingent upon the Division of Retirement

 4  receiving a favorable determination letter and a favorable

 5  private-letter ruling from the Internal Revenue Service before

 6  the end of the regular session of the Legislature held in

 7  2001.

 8         Section 38.  Paragraph (b) of subsection (5) of section

 9  121.091, Florida Statutes, is amended to read:

10         121.091  Benefits payable under the system.--Benefits

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

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

13  begun participation in the Deferred Retirement Option Program

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

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

16  division may cancel an application for retirement benefits

17  when the member or beneficiary fails to timely provide the

18  information and documents required by this chapter and the

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

20  procedures for application for retirement benefits and for the

21  cancellation of such application when the required information

22  or documents are not received.

23         (5)  TERMINATION BENEFITS.--

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

25  reason other than death or retirement after becoming vested

26  may elect to receive a deferred monthly benefit which shall

27  begin to accrue on the first day of the month of normal or

28  early retirement and shall be payable on the last day of that

29  month and each month thereafter during his or her lifetime.

30  The amount of monthly benefit shall be computed in the same

31  manner as for a normal retirement benefit in accordance with

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





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

 2  s. 121.021(30), but based on average monthly compensation and

 3  creditable service as of the date of termination, which

 4  compensation shall be indexed from the date of termination to

 5  the date of retirement by 3 percent per annum.

 6         Section 39.  Subsection (11) is added to section

 7  216.136, Florida Statutes, 1998 Supplement, to read:

 8         216.136  Consensus estimating conferences; duties and

 9  principals.--

10         (11)  FLORIDA RETIREMENT SYSTEM ACTUARIAL ASSUMPTION

11  CONFERENCE.--

12         (a)  Duties.--The Florida Retirement System Actuarial

13  Assumption Conference shall by consensus develop official

14  information with respect to the economic and noneconomic

15  assumptions and funding methods of the Florida Retirement

16  System necessary to perform the study. Such information shall

17  include an analysis of the actuarial assumptions and actuarial

18  methods and a determination of whether changes to the

19  assumptions or methods need to be made due to experience

20  changes or revised future forecasts.

21         (b)  PRINCIPALS.--The principals of the conference

22  shall include the budget director of the Office of Planning

23  and Budgeting, the executive director of the State Board of

24  Administration, the director of the Division of Retirement,

25  the Coordinator of the Office of Economic and Demographic

26  Research, the staff director of the Senate Committee on

27  Budget, the executive director of the House of Representatives

28  Fiscal Responsibility Council, the staff director of the

29  Senate Committee on Governmental Oversight and Productivity,

30  and the staff director of the House of Representatives

31  Committee on Governmental Operations. The executive director

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  of the State Board of Administration shall preside over

 2  sessions of the conference.

 3         Section 40.  Paragraph (c) is added to subsection (15)

 4  of section 121.021, Florida Statutes, 1998 Supplement, to

 5  read:

 6         121.021 Definitions.--The following words and phrases

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

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

 9         (15)

10         (c)  Effective October 1, 1999, "special risk member"

11  means a member of the Florida Retirement System who is

12  designated as a special risk member by the division in

13  accordance with s. 121.0515.  Such member must be employed as

14  a law enforcement officer, a firefighter, a correctional

15  officer, an emergency medical technician, or a paramedic and

16  must meet certain other special criteria as set forth in s.

17  121.0515.

18         Section 41.  Subsections (1) and (2) and paragraph (a)

19  of subsection (7) of section 121.0515, Florida Statutes, 1998

20  Supplement, are amended to read:

21         121.0515  Special risk membership; criteria;

22  designation and removal of classification; credits for past

23  service and prior service; retention of special risk normal

24  retirement date.--

25         (1)  LEGISLATIVE INTENT.--In creating the Special Risk

26  Class of membership within the Florida Retirement System, it

27  is the intent and purpose of the Legislature to recognize that

28  persons employed in certain categories of law enforcement,

29  firefighting, and criminal detention, and emergency medical

30  care positions are required as one of the essential functions

31  of their positions to perform work that is physically

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  demanding or arduous, or work that requires extraordinary

 2  agility and mental acuity, and that such persons, because of

 3  diminishing physical and mental faculties, may find that they

 4  are not able, without risk to the health and safety of

 5  themselves, the public, or their coworkers, to continue

 6  performing such duties and thus enjoy the full career and

 7  retirement benefits enjoyed by persons employed in other

 8  positions and that, if they find it necessary, due to the

 9  physical and mental limitations of their age, to retire at an

10  earlier age and usually with less service, they will suffer an

11  economic deprivation therefrom.  Therefore, as a means of

12  recognizing the peculiar and special problems of this class of

13  employees, it is the intent and purpose of the Legislature to

14  establish a class of retirement membership that awards more

15  retirement credit per year of service than that awarded to

16  other employees; however, nothing contained herein shall

17  require ineligibility for special risk membership upon

18  reaching age 55.

19         (2)  CRITERIA.--A member, to be designated as a special

20  risk member, must meet the following criteria:

21         (a)  The member must be employed as a law enforcement

22  officer and be certified, or required to be certified, in

23  compliance with s. 943.1395; however, sheriffs and elected

24  police chiefs shall be excluded from meeting the certification

25  requirements of this paragraph.  In addition, the member's

26  duties and responsibilities must include the pursuit,

27  apprehension, and arrest of law violators or suspected law

28  violators; or the member must be an active member of a bomb

29  disposal unit whose primary responsibility is the location,

30  handling, and disposal of explosive devices; or the member

31  must be the supervisor or command officer of a member or

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  members who have such responsibilities; provided, however,

 2  administrative support personnel, including, but not limited

 3  to, those whose primary duties and responsibilities are in

 4  accounting, purchasing, legal, and personnel, shall not be

 5  included;

 6         (b)  The member must be employed as a firefighter and

 7  be certified, or required to be certified, in compliance with

 8  s. 633.35 and be employed solely within the fire department of

 9  the employer or agency of state government.  In addition, the

10  member's duties and responsibilities must include on-the-scene

11  fighting of fires or direct supervision of firefighting units,

12  or the member must be the supervisor or command officer of a

13  member or members who have such responsibilities; provided,

14  however, administrative support personnel, including, but not

15  limited to, those whose primary duties and responsibilities

16  are in accounting, purchasing, legal, and personnel, shall not

17  be included; or

18         (c)  The member must be employed as a correctional

19  officer and be certified, or required to be certified, in

20  compliance with s. 943.1395.  In addition, the member's

21  primary duties and responsibilities must be the custody, and

22  physical restraint when necessary, of prisoners or inmates

23  within a prison, jail, or other criminal detention facility,

24  or while on work detail outside the facility, or while being

25  transported; or the member must be the supervisor or command

26  officer of a member or members who have such responsibilities;

27  provided, however, administrative support personnel,

28  including, but not limited to, those whose primary duties and

29  responsibilities are in accounting, purchasing, legal, and

30  personnel, shall not be included; however, superintendents and

31  assistant superintendents shall participate in the Special

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  Risk Class; or.

 2         (d)  The member must be employed by a licensed Advance

 3  Life Support (ALS) or Basic Life Support (BLS) employer as an

 4  emergency medical technician or a paramedic and be certified

 5  in compliance with s. 401.27.  In addition, the member's

 6  primary duties and responsibilities must include on-the-scene

 7  emergency medical care.  However, administrative support

 8  personnel, including, but not limited to, those whose primary

 9  responsibilities are in accounting, purchasing, legal, and

10  personnel, shall not be included.

11         (7)  RETENTION OF SPECIAL RISK NORMAL RETIREMENT

12  DATE.--

13         (a)  A special risk member who is moved or reassigned

14  to a nonspecial risk law enforcement, firefighting, or

15  correctional, or emergency medical care administrative support

16  position with the same agency, or who is subsequently employed

17  in such a position with any law enforcement, firefighting, or

18  correctional, or emergency medical care agency under the

19  Florida Retirement System, shall participate in the Special

20  Risk Administrative Support Class and shall earn credit for

21  such service at the same percentage rate as that earned by a

22  regular member.  Notwithstanding the provisions of subsection

23  (4), service in such an administrative support position shall,

24  for purposes of s. 121.091, apply toward satisfaction of the

25  special risk normal retirement date, as defined in s.

26  121.021(29)(b), provided that, while in such position, the

27  member remains certified as a law enforcement officer,

28  firefighter, or correctional officer, emergency medical

29  technician, or paramedic; remains subject to reassignment at

30  any time to a position qualifying for special risk membership;

31  and completes an aggregate of 10 or more years of service as a

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1  designated special risk member prior to retirement.

 2         Section 42.  The Legislature finds that a proper and

 3  legitimate state purpose is served when employees and retirees

 4  of the state and of its political subdivisions, and the

 5  dependents, survivors, and beneficiaries of such employees and

 6  retirees, are extended the basic protections afforded by

 7  governmental retirement systems that provide fair and adequate

 8  benefits and that are managed, administered, and funded in an

 9  actuarially sound manner, as required by s. 14 of Art. X of

10  the State Constitution and part VII of chapter 112 of the

11  Florida Statutes.  Therefore, the Legislature hereby

12  determines and declares that the provisions of this act

13  fulfill an important state interest.

14         Section 43.  This act shall take effect July 1, 2001,

15  except that this section and sections 22 and 37 shall take

16  effect July 1, 1999; however, the Regular Class Optional

17  Retirement Program created by this act shall not be

18  implemented, nor shall the provisions of this act which

19  provide for improved vesting and indexing of deferred benefits

20  under the Florida Retirement System take effect, until

21  legislation is enacted to properly fund such benefit

22  improvements through adjustments to the contribution rates for

23  the various membership classes of the Florida Retirement

24  System, as required by Article X, Section 14, of the State

25  Constitution. Also, the reenactment of subsection (6) of

26  section 121.051, paragraph (a) of subsection (7) of section

27  121.052, paragraph (a) of subsection (3) of section 121.055,

28  subsection (1) of section 121.071, subsection (12) of section

29  121.40, and subsections (11) and (12) of section 413.051,

30  Florida Statutes, shall operate retroactively to June 7, 1996.

31

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





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

 2  And the title is amended as follows:

 3         Delete everything before the enacting clause

 4

 5  and insert:

 6                      A bill to be entitled

 7         An act relating to state-administered

 8         retirement systems; amending s. 112.63, F.S.;

 9         providing for review and comment on local

10         government retirement system actuarial

11         valuation reports and impact statements on a

12         triennial basis; clarifying the basis of

13         required payments; amending s. 112.65, F.S.;

14         modifying the limitation on benefits for

15         service under more than one retirement system

16         or plan; amending s. 121.011, F.S.; clarifying

17         requirements related to consolidation of

18         existing retirement systems and preservation of

19         rights; amending s. 121.021, F.S.; redefining

20         "creditable service" to conform the definition

21         to existing law; clarifying creditable service

22         provisions for certain school board employees;

23         amending s. 121.031, F.S.; authorizing the

24         Division of Retirement to adopt rules; creating

25         the Florida Retirement System Actuarial

26         Assumption Conference; providing for duties and

27         members; reenacting s. 121.051(6), F.S.,

28         relating to Florida Retirement System

29         membership status of blind vending facility

30         operators; reenacting ss. 121.052(7)(a),

31         121.055(3)(a), and 121.071(1), F.S., relating

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1         to contribution rates; amending ss. 121.052,

 2         121.055, and 121.071, F.S., changing

 3         contribution rates for specified classes and

 4         subclasses of the system; correcting an error;

 5         conforming provisions relating to de minimis

 6         accounts to federal law; amending s. 121.081,

 7         F.S.; clarifying provisions relating to past

 8         service and prior service; amending s. 121.091,

 9         F.S.; clarifying proof of disability

10         requirements; modifying provisions relating to

11         death benefits to permit purchase of certain

12         retirement credit by joint annuitants;

13         clarifying the contribution rate and interest

14         required to be paid for such purchases;

15         increasing the age at which a Special Risk

16         Class Member must elect whether to participate

17         in the Deferred Retirement Option Program;

18         updating and correcting references; amending s.

19         121.122, F.S.,; correcting a reference;

20         amending 121.24, F.S.; authorizing the State

21         Retirement Commission to adopt rules; amending

22         s. 121.35, F.S.; conforming provisions relating

23         to de minimis accounts to federal law; amending

24         s. 121.40, F.S., to remove reemployment

25         limitations and reenacting subsection (12),

26         relating to contribution rates for the

27         supplemental retirement program for the

28         Institute of Food and Agricultural Sciences at

29         the University of Florida; reenacting s.

30         413.051(11) and (12), F.S., relating to Florida

31         Retirement System membership eligibility and

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1         retirement contribution payments for blind

 2         vending facility operators; amending ss.

 3         175.071 and 185.06, F.S.; providing, with

 4         respect to the board of trustees for municipal

 5         firefighters' pension trust funds and municipal

 6         police officers' retirement trust funds that

 7         the board may invest in corporations on the

 8         National Market System of the Nasdaq Stock

 9         Market; repealing s. 121.027, F.S., amending s.

10         112.18, F.S.; providing presumptions that

11         certain illnesses incurred by law enforcement

12         officers are done so in the line of duty;

13         relating to rulemaking authority for that act;

14         requiring the Board of Trustees of the State

15         Board of Administration to review the actuarial

16         valuation of the Florida Retirement System;

17         requiring the Board to review the process of

18         retirement contribution rates and comment to

19         the legislature; creating s. 121.36, F.S.;

20         creating an optional retirement program for

21         employees who are regular members of the

22         Florida Retirement System; providing

23         eligibility criteria; defining terms; providing

24         that employees may participate in the optional

25         retirement program in lieu of participating in

26         the Florida Retirement System; providing for

27         retention of retirement service credits;

28         providing for transfer of the present value of

29         accrued benefits under the Florida Retirement

30         System; providing requirements for electing the

31         optional program; providing for contributions

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1         to the optional program; prescribing vesting

 2         requirements; providing for payment of

 3         benefits; providing for the Division of

 4         Retirement of the Department of Management

 5         Services to administer the program; prescribing

 6         criteria for selecting investment providers and

 7         products and for investment options and

 8         products; providing for performance reviews;

 9         prescribing contract requirements; requiring

10         that the State Board of Administration provide

11         advice and assistance to the division and

12         review proposals; providing for compliance with

13         federal revenue laws; providing an investment

14         policy statement; amending s. 112.363, F.S.;

15         excluding participants from eligibility for

16         certain health insurance subsidies; prescribing

17         standards for contracts and descriptive

18         materials; providing that the act fulfills an

19         important state interest; amending s. 121.021,

20         F.S.; modifying definitions to provide for

21         6-year graded vesting for all members; amending

22         ss. 112.363, 121.0515, 121.052, 121.053,

23         121.055, 121.081, 121.091, 121.1115, 121.1122,

24         121.121, F.S., to conform; providing a

25         contingency for implementation of the program;

26         providing for indexing benefits for early

27         terminators; increasing the employer

28         contribution rate for members of the Regular

29         Class of the Florida Retirement System;

30         amending s. 216.136, F.S.; creating a Florida

31         Retirement System Actuarial Assumption

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                                                  SENATE AMENDMENT

    Bill No. HB 1883, 1st Eng.

    Amendment No.    





 1         Conference; providing duties and principals;

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

 3         "special risk member"; amending s. 121.0515,

 4         F.S.; adding to the Special Risk Class of

 5         membership certain emergency medical

 6         technicians and paramedics; providing

 7         legislative intent; providing effective dates.

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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