Senate Bill 2530e1

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    SB 2530                                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to state-administered

  3         retirement systems; amending s. 112.63, F.S.;

  4         providing for review and comment on local

  5         government retirement system actuarial

  6         valuation reports and impact statements on a

  7         triennial basis; clarifying the basis of

  8         required payments; amending s. 112.65, F.S.;

  9         modifying the limitation on benefits for

10         service under more than one retirement system

11         or plan; amending s. 121.011, F.S.; clarifying

12         requirements related to consolidation of

13         existing retirement systems and preservation of

14         rights; amending s. 121.021, F.S.; redefining

15         "creditable service" to conform the definition

16         to existing law; clarifying creditable service

17         provisions for certain school board employees;

18         amending s. 121.031, F.S.; authorizing the

19         Division of Retirement to adopt rules;

20         reenacting s. 121.051(6), F.S., relating to

21         Florida Retirement System membership status of

22         blind vending facility operators; reenacting

23         ss. 121.052(7)(a), 121.055(3)(a), 121.071(1),

24         F.S., relating to contribution rates; amending

25         ss. 121.052, 121.055, 121.071, F.S.; changing

26         contribution rates for specified classes and

27         subclasses of the system; correcting an error;

28         conforming provisions relating to de minimis

29         accounts to federal law; providing for

30         withdrawal from the Senior Management Service

31         Class; amending s. 121.081, F.S.; clarifying


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    SB 2530                                        First Engrossed



  1         provisions relating to past service and prior

  2         service; amending s. 121.091, F.S.; clarifying

  3         proof of disability requirements; modifying

  4         provisions relating to death benefits to permit

  5         purchase of certain retirement credit by joint

  6         annuitants; clarifying the contribution rate

  7         and interest required to be paid for such

  8         purchases; updating references; amending s.

  9         121.122, F.S.; correcting a reference; amending

10         121.24, F.S.; authorizing the State Retirement

11         Commission to adopt rules; amending s. 121.35,

12         F.S.; conforming provisions relating to de

13         minimis accounts to federal law; amending s.

14         121.40, F.S., to remove reemployment

15         limitations and reenacting subsection (12),

16         relating to contribution rates for the

17         supplemental retirement program for the

18         Institute of Food and Agricultural Sciences at

19         the University of Florida; reenacting s.

20         413.051(11), (12), F.S., relating to Florida

21         Retirement System membership eligibility and

22         retirement contribution payments for blind

23         vending facility operators; amending s. 112.18,

24         F.S.; providing presumptions that certain

25         illnesses incurred by law enforcement officers

26         are done so in the line of duty; amending ss.

27         175.071 and 185.06, F.S.; providing, with

28         respect to the board of trustees for municipal

29         firefighters' pension trust funds and municipal

30         police officers' retirement trust funds that

31         the board may invest in corporations on the


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    SB 2530                                        First Engrossed



  1         National Market System of the Nasdaq Stock

  2         Market; repealing s. 121.027, F.S., relating to

  3         the division's rulemaking authority for ch.

  4         97-180, Laws of Florida; amending s. 112.64,

  5         F.S.; providing a pension experience dividend;

  6         providing for review of actuarial reports by

  7         the Trustees of the Florida Retirement System;

  8         amending s. 216.136, F.S.; creating a Florida

  9         Retirement System Actuarial Assumption

10         Conference; providing duties and principals;

11         providing an effective date.

12

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

14

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

16  Florida Statutes, are amended to read:

17         112.63  Actuarial reports and statements of actuarial

18  impact; review.--

19         (4)  Effective July 1, 1999, upon receipt, pursuant to

20  subsection (2), of an actuarial report, or upon receipt,

21  pursuant to subsection (3), of a statement of actuarial

22  impact, the division shall acknowledge such receipt, but shall

23  only review and comment on each retirement system's or plan's

24  the actuarial valuations at least on a triennial basis and

25  statements.  If the division finds that the actuarial

26  valuation is not complete, accurate, or based on reasonable

27  assumptions, or if the division does not receive the actuarial

28  report or statement of actuarial impact, the division shall

29  notify the local government and request appropriate

30  adjustment. If, after a reasonable period of time, a

31  satisfactory adjustment is not made, the affected local


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    SB 2530                                        First Engrossed



  1  government or the division may petition for a hearing under

  2  the provisions of ss. 120.569 and 120.57. If the

  3  administrative law judge recommends in favor of the division,

  4  the division shall perform an actuarial review or prepare the

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

  6  performing such actuarial review or preparing such statement

  7  shall be charged to the governmental entity of which the

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

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

10  60 days after receipt by the governmental entity of the

11  request for payment, the division shall certify to the

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

13  amount to the division from any funds payable to the

14  governmental entity of which the employees are covered by the

15  retirement system or plan.  If the administrative law judge

16  recommends in favor of the local retirement system and the

17  division performs an actuarial review, the cost to the

18  division of performing the actuarial review shall be paid by

19  the division.

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

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

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

23  actuarial valuation, subject to being state-accepted.

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

25  Statutes, is amended to read:

26         112.65  Limitation of benefits.--

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

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

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

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

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


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    SB 2530                                        First Engrossed



  1  future, a retirement benefit or pension from a different

  2  employer's another retirement system or plan.  This

  3  restriction does not apply to social security benefits or

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

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

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

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

  8         121.011  Florida Retirement System.--

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

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

11  paragraph (a) are hereby consolidated as separate instruments

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

13  this chapter, and the administration of said chapters or

14  retirement systems shall be consolidated with the

15  administration of the Florida Retirement System established by

16  this chapter, and the Florida Retirement System shall assume

17  all liabilities related to the payment of benefits to members

18  and their beneficiaries under the respective retirement

19  systems of the members and their beneficiaries.

20         (3)  PRESERVATION OF RIGHTS.--

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

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

23  1975, who is not retired and who is, has been, or shall be,

24  suspended and reinstated without compensation shall receive

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

26  of suspension to the date of reinstatement, provided:

27         1.  The creditable service claimed for the period of

28  suspension does not exceed 24 months;

29         2.  The member returns to active employment and remains

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

31  calendar days; and


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    SB 2530                                        First Engrossed



  1         3.  The member pays into the Retirement System Trust

  2  Fund the total required employer contributions plus the total

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

  4  monthly compensation in effect for the pay period immediately

  5  preceding the period of suspension, prorated for the said

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

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

  8  6.5 percent interest thereafter until paid.  If permitted by

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

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

11  coverage for the period of suspension if any social security

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

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

14  payment for social security coverage, the payment for

15  retirement service credit shall be made and retirement service

16  credit granted regardless of such conflict.

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

18  121.021, Florida Statutes, 1998 Supplement, is amended to

19  read:

20         121.021  Definitions.--The following words and phrases

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

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

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

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

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

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

27  service allowed within the provisions of this chapter if all

28  required contributions have been paid and all other

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

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

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


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    SB 2530                                        First Engrossed



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

  2  employee of a participating employer other than a school board

  3  whose total employment is to provide services to a school

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

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

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

  7  of employment.

  8         Section 5.  Subsection (1) of section 121.031, Florida

  9  Statutes, is amended  to read:

10         121.031  Administration of system; appropriation;

11  oaths; actuarial studies; public records.--

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

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

14  120.536(1) to implement the provisions of law conferring

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

16  for the effective and efficient administration of this system.

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

18  system are hereby appropriated from the interest earned on

19  investments made for the retirement and social security trust

20  funds and the assessments allowed under chapter 650.

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

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

23  of Florida, is reenacted to read:

24         121.051  Participation in the system.--

25         (6)  SEASONAL STATE EMPLOYMENT; BLIND VENDING FACILITY

26  OPERATORS.--

27         (a)  Seasonal state employment shall be included under

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

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

30  chapter for those members transferring to this system and for

31  all new members.


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    SB 2530                                        First Engrossed



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

  2  or licensed by the Division of Blind Services as vending

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

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

  5  the meaning of this chapter, and all vending facility

  6  operators licensed and employed during that period shall be

  7  compulsory members of the Florida Retirement System in

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

  9  vending facility operator, except as provided in subparagraph

10  3.

11         2.  Blindness shall not be deemed a retirement

12  disability within the provisions of this chapter for such

13  members as are contemplated by this paragraph.

14         3.  Any vending facility operator as described in

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

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

17  413.051(11).  The election to withdraw shall take effect as of

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

19  vending facility operator who withdraws from the Florida

20  Retirement System as provided in this subparagraph shall

21  retain all creditable service earned in the Florida Retirement

22  System through the month that retirement contributions ceased

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

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

25  person may participate in the Florida Retirement System in the

26  future if employed by a participating employer in a covered

27  position.

28         4.  All blind or partially sighted persons employed or

29  licensed by the Division of Blind Services as vending facility

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

31


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    SB 2530                                        First Engrossed



  1  contractors within the meaning of this chapter and shall not

  2  be eligible for membership in the Florida Retirement System.

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

  4  121.052, Florida Statutes, 1998 Supplement, as amended by

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

  6  amended to read:

  7         121.052  Membership class of elected officers.--

  8         (7)  CONTRIBUTIONS.--

  9         (a)  The following table states the required retirement

10  contribution rates for members of the Elected Officers' Class

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

12  gross compensation. A change in a contribution rate is

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

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

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

16  the contributions required for social security and the Retiree

17  Health Insurance Subsidy Trust Fund.

18

19  Dates of Contribution

20    Rate Changes                             Members   Employers

21

22  July 1, 1972, through September 30, 1977

23    Legislators                                 8%           8%

24    All Other Members                           8%           8%

25

26  October 1, 1977, through September 30, 1978

27    Legislators                                 8%           8%

28    All Other Members                           4%          12%

29

30  October 1, 1978, through September 30, 1979

31    Legislators                                 8%       10.57%


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    SB 2530                                        First Engrossed



  1    All Other Members                           4%       16.78%

  2

  3  October 1, 1979, through September 30, 1981

  4    Legislators                                 8%       10.57%

  5    Governor, Lt. Governor, Cabinet

  6      Officers                                  4%       16.78%

  7    All Other Members                           0%       20.78%

  8

  9  July 1, 1981, through June 30, 1984

10    County Elected Officers                     0%       19.30%

11

12  July 1, 1984, through September 30, 1984

13    County Elected Officers                     0%       20.25%

14

15  October 1, 1981, through September 30, 1984

16    Legislators                                 0%       19.30%

17    Governor, Lt. Governor, Cabinet

18      Officers                                  0%       21.03%

19    State Attorneys, Public Defenders           0%       20.95%

20    Justices, Judges                            0%       22.55%

21

22  October 1, 1984, through September 30, 1986

23    Legislators                                 0%       10.98%

24    Governor, Lt. Governor, Cabinet

25      Officers                                  0%       10.98%

26    State Attorneys, Public Defenders           0%       10.98%

27    Justices, Judges                            0%       21.79%

28    County Elected Officers                     0%       16.97%

29

30  October 1, 1986, through December 31, 1988

31    Legislators                                 0%       11.50%


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    SB 2530                                        First Engrossed



  1    Governor, Lt. Governor, Cabinet

  2      Officers                                  0%       11.50%

  3    State Attorneys, Public Defenders           0%       11.50%

  4    Justices, Judges                            0%       20.94%

  5    County Elected Officers                     0%       17.19%

  6

  7  January 1, 1989, through December 31, 1989

  8    Legislators                                 0%       13.70%

  9    Governor, Lt. Governor, Cabinet

10      Officers                                  0%       13.70%

11    State Attorneys, Public Defenders           0%       13.70%

12    Justices, Judges                            0%       22.58%

13    County Elected Officers                     0%       18.44%

14

15  January 1, 1990, through December 31, 1990

16    Legislators                                 0%       15.91%

17    Governor, Lt. Governor, Cabinet

18      Officers                                  0%       15.91%

19    State Attorneys, Public Defenders           0%       15.91%

20    Justices, Judges                            0%       24.22%

21    County Elected Officers                     0%       19.71%

22

23  January 1, 1991, through December 31, 1991

24    Legislators                                 0%       17.73%

25    Governor, Lt. Governor, Cabinet

26      Officers                                  0%       17.73%

27    State Attorneys, Public Defenders           0%       17.73%

28    Justices, Judges                            0%       26.63%

29    County Elected Officers                     0%       23.32%

30

31  January 1, 1992, through December 31, 1992


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    SB 2530                                        First Engrossed



  1    Legislators                                 0%       19.94%

  2    Governor, Lt. Governor, Cabinet

  3      Officers                                  0%       19.94%

  4    State Attorneys, Public Defenders           0%       19.94%

  5    Justices, Judges                            0%       28.27%

  6    County Elected Officers                     0%       24.59%

  7

  8  January 1, 1993, through December 31, 1993

  9    Legislators                                 0%       22.14%

10    Governor, Lt. Governor, Cabinet

11      Officers                                  0%       22.14%

12    State Attorneys, Public Defenders           0%       22.14%

13    Justices, Judges                            0%       29.91%

14    County Elected Officers                     0%       25.84%

15

16  January 1, 1994, through December 31, 1994

17    Legislators                                 0%       22.65%

18    Governor, Lt. Governor, Cabinet

19      Officers                                  0%       22.65%

20    State Attorneys, Public Defenders           0%       22.65%

21    Justices, Judges                            0%       30.52%

22    County Elected Officers                     0%       26.07%

23

24  January 1, 1995, through December 31, 1995

25    Legislators                                 0%       22.80%

26    Governor, Lt. Governor, Cabinet

27      Officers                                  0%       22.80%

28    State Attorneys, Public Defenders           0%       22.80%

29    Justices, Judges                            0%       30.21%

30    County Elected Officers                     0%       27.48%

31


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    SB 2530                                        First Engrossed



  1  January 1, 1996, through June 30, 1996

  2    Legislators                                 0%       22.90%

  3    Governor, Lt. Governor, Cabinet

  4      Officers                                  0%       22.90%

  5    State Attorneys, Public Defenders           0%       22.90%

  6    Justices, Judges                            0%       30.15%

  7    County Elected Officers                     0%       27.54%

  8

  9  July 1, 1996, through June 30, 1998

10    Legislators                                 0%       23.07%

11    Governor, Lt. Governor, Cabinet

12      Officers                                  0%       23.07%

13    State Attorneys, Public Defenders           0%       23.07%

14    Justices, Judges                            0%       29.55%

15    County Elected Officers                     0%       27.33%

16

17  Effective July 1, 1998, through

18    June 30, 1999

19    Legislators                                 0%       22.33%

20    Governor, Lt. Governor, Cabinet

21      Officers                                  0%       22.33%

22    State Attorneys, Public Defenders           0%       22.33%

23    Justices, Judges                            0%       27.21%

24    County Elected Officers                     0%       26.99%

25

26  Effective July 1, 1999

27    Legislators                                 0%       14.31%

28    Governor, Lt. Governor, Cabinet

29      Officers                                  0%       14.31%

30    State Attorneys, Public

31      Defenders                                 0%       14.31%


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    SB 2530                                        First Engrossed



  1    Justices, Judges                            0%       20.48%

  2    County Elected

  3      Officers                                  0%       17.05%

  4

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

  6  121.055, Florida Statutes, 1998 Supplement, as amended by

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

  8  amended, and paragraph (b) of subsection (1) and paragraph (e)

  9  of subsection (6) of that section are amended, to read:

10         121.055  Senior Management Service Class.--There is

11  hereby established a separate class of membership within the

12  Florida Retirement System to be known as the "Senior

13  Management Service Class," which shall become effective

14  February 1, 1987.

15         (1)

16         (b)1.  Except as provided in subparagraph 2., effective

17  January 1, 1990, participation in the Senior Management

18  Service Class shall be compulsory for the president of each

19  community college, the manager of each participating city or

20  county, and all appointed district school superintendents.

21  Effective January 1, 1994, additional positions may be

22  designated for inclusion in the Senior Management Service

23  Class of the Florida Retirement System, provided that:

24         a.  Positions to be included in the class shall be

25  designated by the local agency employer.  Notice of intent to

26  designate positions for inclusion in the class shall be

27  published once a week for 2 consecutive weeks in a newspaper

28  of general circulation published in the county or counties

29  affected, as provided in chapter 50.

30         b.  One nonelective full-time position may be

31  designated for each local agency employer reporting to the


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    SB 2530                                        First Engrossed



  1  Division of Retirement; for local agencies with 100 or more

  2  regularly established positions, additional nonelective

  3  full-time positions may be designated, not to exceed 1 percent

  4  of the regularly established positions within the agency.

  5         c.  Each position added to the class must be a

  6  managerial or policymaking position filled by an employee who

  7  is not subject to continuing contract and serves at the

  8  pleasure of the local agency employer without civil service

  9  protection, and who:

10         (I)  Heads an organizational unit; or

11         (II)  Has responsibility to effect or recommend

12  personnel, budget, expenditure, or policy decisions in his or

13  her areas of responsibility.

14         2.  In lieu of participation in the Senior Management

15  Service Class, members of the Senior Management Service Class

16  pursuant to the provisions of subparagraph 1. may withdraw

17  from the Florida Retirement System altogether. and participate

18  in a lifetime monthly annuity program which may be provided by

19  the employing agency.  The cost to the employer for such

20  annuity shall equal the normal cost portion of the

21  contributions required in the Senior Management Service Class.

22  The employer providing such annuity shall contribute an

23  additional amount to the Florida Retirement System Trust Fund

24  equal to the unfunded actuarial accrued liability portion of

25  the Senior Management Service Class contribution rate. The

26  decision to withdraw from the Florida Retirement System

27  participate in such local government annuity shall be

28  irrevocable for as long as the employee holds such a position

29  eligible for the annuity.  Any service creditable under the

30  Senior Management Service Class shall be retained after the

31  member withdraws from the Florida Retirement System; however,


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    SB 2530                                        First Engrossed



  1  additional service credit in the Senior Management Service

  2  Class shall not be earned after such withdrawal.  Such members

  3  shall not be eligible to participate in the Senior Management

  4  Service Optional Annuity Program.

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

  6  retirement contribution rates for members of the Senior

  7  Management Service Class and their employers in terms of a

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

  9  the contribution rate is effective with the first salary paid

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

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

12  contributions required for social security and the Retiree

13  Health Insurance Subsidy Trust Fund.

14

15  Dates of Contribution

16    Rate Changes                          Members   Employers

17

18  February 1, 1987, through

19    December 31, 1988                       0%       13.88%

20  January 1, 1989, through

21    December 31, 1989                       0%       14.95%

22  January 1, 1990, through

23    December 31, 1990                       0%       16.04%

24  January 1, 1991, through

25    December 31, 1991                       0%       18.39%

26  January 1, 1992, through

27    December 31, 1992                       0%       19.48%

28  January 1, 1993, through

29    December 31, 1993                       0%       20.55%

30  January 1, 1994, through

31    December 31, 1994                       0%       23.07%


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    SB 2530                                        First Engrossed



  1  January 1, 1995, through

  2    December 31, 1995                       0%       23.88%

  3  January 1, 1996, through

  4    June 30, 1996                           0%       24.14%

  5  July 1, 1996, through

  6    June 30, 1998                           0%       21.58%

  7  Effective July 1, 1998, through

  8    June 30, 1999                           0%       23.10%

  9  Effective July 1, 1999                    0%       11.19%

10

11         (6)

12         (e)  Benefits.--

13         1.  Benefits shall be payable under the Senior

14  Management Service Optional Annuity Program only to

15  participants in the program, or their beneficiaries as

16  designated by the participant in the contract with a provider

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

18  company in accordance with the terms of the annuity contract

19  or contracts applicable to the participant. A participant must

20  be terminated from all employment with all Florida Retirement

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

22  receiving the employer-funded benefit. Benefits funded by

23  employer contributions shall be payable only as a lifetime

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

25  except for:

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

27  death of the participant; or

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

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

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

31  annuity retirement program participation. A de minimis account


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    SB 2530                                        First Engrossed



  1  is an account with a provider company containing employer

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

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

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

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

  6  Internal Revenue Code.

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

  8  Management Service Optional Annuity Program, and any

  9  contribution accumulated under such program, shall not be

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

11  legal process whatsoever.

12         3.  A participant who receives optional annuity program

13  benefits funded by employer contributions shall be deemed to

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

15  event of subsequent employment with any employer that

16  participates in the Florida Retirement System.

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

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

19  98-413, Laws of Florida, is reenacted and amended to read:

20         121.071  Contributions.--Contributions to the system

21  shall be made as follows:

22         (1)  The following tables state the required retirement

23  contribution rates for members of the Regular Class, Special

24  Risk Class, or Special Risk Administrative Support Class and

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

26  compensation.  A change in a contribution rate is effective

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

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

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

30  contributions required for social security and the Retiree

31  Health Insurance Subsidy Trust Fund.


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    SB 2530                                        First Engrossed



  1         (a)  Retirement contributions for regular members are

  2  as follows:

  3

  4  Dates of Contribution

  5    Rate Changes                             Members   Employers

  6

  7  December 1, 1970, through December

  8    31, 1974, for state agencies, state

  9    universities, community colleges,

10    and district school boards                  4%           4%

11

12  December 1, 1970, through September

13    30, 1975, for all other local

14    government agencies                         4%           4%

15

16  January 1, 1975, through September

17    30, 1978, for state agencies and

18    state universities                          0%           9%

19

20  January 1, 1975, through July 31,

21    1978, for community colleges and

22    district school boards                      0%           9%

23

24  October 1, 1975, through September

25    30, 1978, for all other local

26    government agencies                         0%           9%

27

28  August 1, 1978, through September 30,

29    1981, for community colleges and

30    district school boards                      0%         9.1%

31


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    SB 2530                                        First Engrossed



  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%


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    SB 2530                                        First Engrossed



  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


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    SB 2530                                        First Engrossed



  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


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    SB 2530                                        First Engrossed



  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


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    SB 2530                                        First Engrossed



  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


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    SB 2530                                        First Engrossed



  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


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    SB 2530                                        First Engrossed



  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


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    SB 2530                                        First Engrossed



  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


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    SB 2530                                        First Engrossed



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

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

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

  4  Supplement, are amended to read:

  5         121.091  Benefits payable under the system.--Benefits

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

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

  8  begun participation in the Deferred Retirement Option Program

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

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

11  division may cancel an application for retirement benefits

12  when the member or beneficiary fails to timely provide the

13  information and documents required by this chapter and the

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

15  procedures for application for retirement benefits and for the

16  cancellation of such application when the required information

17  or documents are not received.

18         (4)  DISABILITY RETIREMENT BENEFIT.--

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

20  considered totally and permanently disabled if, in the opinion

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

22  medically determinable physical or mental impairment, from

23  rendering useful and efficient service as an officer or

24  employee.

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

26  approving payment of any disability retirement benefit, shall

27  require proof that the member is totally and permanently

28  disabled as provided herein:

29         1.  Such, which proof shall include the certification

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

31  physicians of the state and such other evidence of disability


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    SB 2530                                        First Engrossed



  1  as the administrator may require, including reports from

  2  vocational rehabilitation, evaluation, or testing specialists

  3  who have evaluated the applicant for employment.

  4         2.  It must be documented that:

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

  6  symptomatic during the time the member was employed in an

  7  employee/employer relationship with his or her employer;

  8         b.  The member was totally and permanently disabled at

  9  the time he or she terminated covered employment; and

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

11  employer after such termination.

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

13  disability, in addition to the requirements of subparagraph

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

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

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

17  relationship with his or her employer.

18         4.  The unavailability of an employment position that

19  the member is physically and mentally capable of performing

20  will not be considered as proof of total and permanent

21  disability.

22         (7)  DEATH BENEFITS.--

23         (f)  Notwithstanding any other provisions in this

24  chapter to the contrary and upon application to the

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

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

27  satisfying the service requirements for vesting and retirement

28  eligibility, shall be permitted to purchase only the

29  additional service credit necessary to vest and qualify for

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

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


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    SB 2530                                        First Engrossed



  1         1.  Such eligible joint annuitant may use the deceased

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

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

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

  5  leave is sufficient to cover the additional months required.

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

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

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

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

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

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

12  Such eligible joint annuitant shall pay the contribution rate

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

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

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

16  death, plus 6.5 percent interest compounded annually.  The

17  accumulated leave payment used in the average final

18  compensation shall not include that portion of the payment

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

20  creditable service.

21         2.  Such eligible joint annuitant may purchase

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

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

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

25  121.1122, that the deceased member would have been eligible to

26  purchase prior to his or her death.

27

28  Service purchased under this paragraph shall be added to the

29  creditable service of the member and used to vest for

30  retirement eligibility, and shall be used in the calculation

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


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    SB 2530                                        First Engrossed



  1  annuitant.  Any benefits paid in accordance with this

  2  paragraph shall only be made prospectively.

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

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

  5  Retirement Option Program, hereinafter referred to as the

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

  7  Florida  Retirement System may elect to participate, deferring

  8  receipt of retirement benefits while continuing employment

  9  with his or her Florida Retirement System employer.  The

10  deferred monthly benefits shall accrue in the System Trust

11  Fund on behalf of the participant, plus interest compounded

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

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

14  the participant shall receive the total DROP benefits and

15  begin to receive the previously determined normal retirement

16  benefits. Participation in the DROP does not guarantee

17  employment for the specified period of DROP.

18         (a)  Eligibility of member to participate in the

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

20  regularly established position, and all active members of

21  either the Teachers' Retirement System established in chapter

22  238 or the State and County Officers' and Employees'

23  Retirement System established in chapter 122 which systems are

24  consolidated within the Florida Retirement System under s.

25  121.011, are eligible to elect participation in the DROP

26  provided that:

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

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

29  Community College System Optional Retirement Program under s.

30  121.051, the Senior Management Service Optional Annuity

31


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    SB 2530                                        First Engrossed



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

  2  for the State University System under s. 121.35.

  3         2.  Election to participate is made within 12 months

  4  immediately following the date on which the member first

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

  6  normal retirement date based on service before he or she

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

  8  election to participate may be deferred to the 12 months

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

10  52 50 for Special Risk Class members. For a member who first

11  reached normal retirement date or the deferred eligibility

12  date described above prior to the effective date of this

13  section, election to participate shall be made within 12

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

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

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

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

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

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

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

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

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

23  maximum participation period, the member may elect to include

24  or exclude any optional service credit purchased by the member

25  from the total service used to establish the normal retirement

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

27  eligible to elect to participate in DROP within 12 months

28  after attaining normal retirement date in either class.

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

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

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


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    SB 2530                                        First Engrossed



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

  2  DROP participation will terminate.

  3         4.  Simultaneous employment of a participant by

  4  additional Florida Retirement System employers subsequent to

  5  the commencement of participation in the DROP shall be

  6  permissible provided such employers acknowledge in writing a

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

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

  9  in subparagraph (b)1.

10         5.  A DROP participant may change employers while

11  participating in the DROP, subject to the following:

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

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

14  month of continuous DROP participation.  If a member receives

15  no salary during a month, DROP participation shall cease

16  unless the employer verifies a continuation of the employment

17  relationship for such participant pursuant to s.

18  121.021(39)(b).

19         b.  Such participant and new employer shall notify the

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

21  of the new employer.

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

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

24  not beyond the original 60-month period provided in

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

26  additional retirement contributions and interest required if

27  the participant fails to timely terminate employment, and

28  shall be subject to the adjustment required in

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

30         (i)  Contributions.--

31


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    SB 2530                                        First Engrossed



  1         1.  All employers paying the salary of a DROP

  2  participant filling a regularly established position shall

  3  contribute 11.56 percent of such participant's gross

  4  compensation, which shall constitute the entire employer DROP

  5  contribution with respect to such participant.  Such

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

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

  8  for each pay period and are in addition to contributions

  9  required for social security and the Retiree Health Insurance

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

11  health insurance subsidy contributions are not included in the

12  DROP.

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

14  also withhold one-half of the entire social security

15  contribution required for the participant.  Contributions for

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

17  amount required for social security coverage as now or

18  hereafter provided by the federal Social Security Act, shall

19  be in addition to contributions specified in subparagraph 1.

20         3.  All employers paying the salary of a DROP

21  participant filling a regularly established position shall

22  contribute the 0.66 percent of such participant's gross

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

24  the employer's health insurance subsidy contribution with

25  respect to such participant. Such contributions shall be

26  deposited by the administrator in the Retiree Health Insurance

27  Subsidy Trust Fund.

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

29  Statutes, 1998 Supplement, is amended to read:

30         121.122  Renewed membership in system.--Except as

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


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    SB 2530                                        First Engrossed



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

  2  regularly established position with a covered employer shall

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

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

  5  retiree of a state-administered retirement system who is

  6  employed in a position included in the Senior Management

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

  8  Senior Management Service Class of the Florida Retirement

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

10  receive an additional retirement benefit, subject to the

11  following conditions:

12         (3)  Such member shall be entitled to purchase

13  additional retirement credit in the Regular Class or the

14  Senior Management Service Class, as applicable, for any

15  postretirement service performed in a regularly established

16  position as follows:

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

18  by paying the Regular Class applicable employee and employer

19  contributions for the period being claimed, plus 4 percent

20  interest compounded annually from first year of service

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

22  compounded thereafter, until full payment is made to the

23  Florida Retirement System Trust Fund; or

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

25  1, 1997, as provided in s. 121.055(1)(i)(h).

26

27  The contribution for postretirement service between July 1,

28  1985, and July 1, 1991, for which the reemployed retiree

29  contribution was paid, shall be the difference between such

30  contribution and the total applicable contribution for the

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


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    SB 2530                                        First Engrossed



  1  member may pay the applicable employer contribution in lieu of

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

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

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

  5         Section 13.  Present subsection (5) of section 121.24,

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

  7  subsection (5) is added to that section, to read:

  8         121.24  Conduct of commission business; legal and other

  9  assistance; compensation.--

10         (5)  The State Retirement Commission has the authority

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

12  implement the provisions of law conferring duties upon the

13  commission.

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

15  121.35, Florida Statutes, 1998 Supplement, is amended to read:

16         121.35  Optional retirement program for the State

17  University System.--

18         (5)  BENEFITS.--

19         (a)  Benefits shall be payable under the optional

20  retirement program only to vested participants in the program,

21  or their beneficiaries as designated by the participant in the

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

23  paid only by the designated company in accordance with the

24  terms of the annuity contract or contracts applicable to the

25  participant. The participant must be terminated from all

26  employment with all Florida Retirement System employers, as

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

28  employer-funded benefit. Benefits funded by employer

29  contributions shall be payable only as a lifetime annuity to

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

31


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    SB 2530                                        First Engrossed



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

  2  death of the participant; or

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

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

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

  6  retirement program participation. A de minimis account is an

  7  account with a provider company containing employer

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

  9  $3,500 made under the provisions of this chapter. Such

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

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

12  Internal Revenue Code.

13         Section 15.  Paragraph (e) of subsection (4) and

14  subsection (11) of section 121.40, Florida Statutes, 1998

15  Supplement, are amended, and subsection (12) of that section,

16  as amended by chapters 96-423 and 98-413, Laws of Florida, is

17  reenacted to read:

18         121.40  Cooperative extension personnel at the

19  Institute of Food and Agricultural Sciences; supplemental

20  retirement benefits.--

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

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

23  must meet all of the following eligibility criteria:

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

25  from a state-supported retirement system or from social

26  security based upon service as a cooperative extension

27  employee of the institute. Participation in the Institute of

28  Food and Agricultural Sciences Supplemental Retirement Program

29  shall not constitute membership in the Florida Retirement

30  System.

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


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    SB 2530                                        First Engrossed



  1         (a)  Any person who is receiving a supplemental

  2  retirement benefit under this section may be reemployed by any

  3  private or public employer after retirement and receive

  4  supplemental retirement benefits pursuant to this section and

  5  compensation from his or her employer, without any

  6  limitations.  However, if a retired participant who is

  7  receiving a supplemental retirement benefit under this section

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

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

10  all rights to supplemental retirement benefits in accordance

11  with the eligibility provisions of paragraph (4)(e)., except

12  that no person may receive both a salary from reemployment

13  with any agency participating in the Florida Retirement System

14  and supplemental retirement benefits under this section for a

15  period of 12 months immediately subsequent to the date of

16  retirement.

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

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

19  is reemployed with any agency participating in the Florida

20  Retirement System prior to completion of the 12-month

21  limitation period shall give timely notice of this fact in

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

23  or her supplemental retirement benefits suspended for the

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

25  employed in violation of this subsection and any employing

26  agency which knowingly employs or appoints such person without

27  notifying the Division of Retirement to suspend retirement

28  benefits shall be jointly and severally liable for

29  reimbursement to the retirement trust fund of any benefits

30  paid during the reemployment limitation period.  To avoid

31  liability, such employing agency shall have a written


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    SB 2530                                        First Engrossed



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

  2  a state-administered retirement system. Any supplemental

  3  retirement benefits received while reemployed during this

  4  reemployment limitation period shall be repaid to the trust

  5  fund, and supplemental retirement benefits shall remain

  6  suspended until such repayment has been made.  Supplemental

  7  benefits suspended beyond the reemployment limitation shall

  8  apply toward repayment of supplemental benefits received in

  9  violation of the reemployment limitation.

10         (c)  The reemployment by an employer participating in

11  the Florida Retirement System of any person receiving

12  supplemental retirement benefits under this section shall have

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

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

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

16  is receiving supplemental retirement benefits under this

17  section, the employer shall pay retirement contributions in an

18  amount equal to the unfunded actuarial accrued liability

19  portion of the employer contribution which would be required

20  for regular members of the Florida Retirement System.

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

22  provided in s. 121.122 for renewed membership.

23         (d)  The limitations of this subsection apply to

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

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

26  which the person is compensated.

27         (12)  CONTRIBUTIONS.--

28         (a)  For the purposes of funding the supplemental

29  benefits provided by this section, the institute is authorized

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

31  monthly contributions from its appropriated budget. These


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    SB 2530                                        First Engrossed



  1  amounts shall be paid into the Institute of Food and

  2  Agricultural Sciences Supplemental Retirement Trust Fund,

  3  which is hereby created.

  4         (b)  The monthly contributions required to be paid

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

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

  7  employees of the institute who hold both state and federal

  8  appointments and who participate in the federal Civil Service

  9  Retirement System shall be as follows:

10

11  Dates of Contribution                              Percentage

12    Rate Changes                                        Due

13

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

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

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

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

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

19  Effective July 1, 1998                               7.17%

20

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

22  Florida Statutes, 1998 Supplement, as amended by chapter

23  96-423, Laws of Florida, and subsection (12) of that section,

24  as amended by chapters 96-423 and 98-149, Laws of Florida, are

25  reenacted to read:

26         413.051  Eligible blind persons; operation of vending

27  stands.--

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

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

30  121.051(6)(b)1. shall pay any unappropriated retirement costs

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


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    SB 2530                                        First Engrossed



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

  2  is eligible to maintain membership in the Florida Retirement

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

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

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

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

  7  election to withdraw.  Failure to timely notify the divisions

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

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

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

11  licensee to cover the required contribution to the Florida

12  Retirement System, that blind licensee shall become ineligible

13  to participate in the Florida Retirement System on the last

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

15  the amount contributed is insufficient to cover the required

16  contribution.  For any blind licensee who becomes ineligible

17  to participate in the Florida Retirement System as described

18  in this subsection, no creditable service shall be earned

19  under the Florida Retirement System for any period following

20  the month that retirement contributions ceased to be reported.

21  However, any such person may participate in the Florida

22  Retirement System in the future if employed by a participating

23  employer in a covered position.

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

25  permit the division to establish and maintain vending

26  facilities, issue licenses, establish and maintain a vending

27  facility training program, provide vendors access to financial

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

29  vending facility, provide for the transfer and promotion of

30  vendors, establish a vendors committee, provide for an

31  operation agreement, provide duties and responsibilities of


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    SB 2530                                        First Engrossed



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

  2  provide procedures for newspaper vending sales.

  3         Section 17.  Section 112.18, Florida Statutes, is

  4  amended to read:

  5         112.18  Firefighters and law enforcement officers;

  6  special provisions relative to disability.--

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

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

  9  district, or fire control district firefighter or law

10  enforcement officer caused by tuberculosis, heart disease, or

11  hypertension resulting in total or partial disability or death

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

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

14  competent evidence. However, any such firefighter or law

15  enforcement officer shall have successfully passed a physical

16  examination upon entering into any such service as a

17  firefighter or law enforcement officer, which examination

18  failed to reveal any evidence of any such condition.  Such

19  presumption shall not apply to benefits payable under or

20  granted in a policy of life insurance or disability insurance,

21  unless the insurer and insured have negotiated for such

22  additional benefits to be included in the policy contract.

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

24  above governmental entities to negotiate policy contracts for

25  life and disability insurance to include accidental death

26  benefits or double indemnity coverage which shall include the

27  presumption that any condition or impairment of health of any

28  firefighter caused by tuberculosis, heart disease, or

29  hypertension resulting in total or partial disability or death

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

31  contrary be shown by competent evidence.


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    SB 2530                                        First Engrossed



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

  2  175.071, Florida Statutes, 1998 Supplement, is amended to

  3  read:

  4         175.071  General powers and duties of board of

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

  6  district, chapter plan, local law municipality, local law

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

  8  chapter:

  9         (1)  The board of trustees may:

10         (b)  Invest and reinvest the assets of the

11  firefighters' pension trust fund in:

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

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

14  building, and loan association insured by the Savings

15  Association Insurance Fund which is administered by the

16  Federal Deposit Insurance Corporation or a state or federal

17  chartered credit union whose share accounts are insured by the

18  National Credit Union Share Insurance Fund.

19         2.  Obligations of the United States or obligations

20  guaranteed as to principal and interest by the government of

21  the United States.

22         3.  Bonds issued by the State of Israel.

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

24  issued or guaranteed by a corporation organized under the laws

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

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

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

28  recognized national stock exchanges or on the National Market

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

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

31  classifications by a major rating service; and


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    SB 2530                                        First Engrossed



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

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

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

  4  any one issuing company exceed 5 percent of the outstanding

  5  capital stock of that company or the aggregate of its

  6  investments under this subparagraph at cost exceed 50 percent

  7  of the assets of the fund.

  8

  9  This paragraph shall apply to all boards of trustees and

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

11  special fire control district has a duly enacted pension plan

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

13  trustees thereof desire to vary the investment procedures

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

15  the investment procedures as outlined herein only through a

16  municipal ordinance, special act of the Legislature, or

17  resolution by the governing body of the special fire control

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

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

20  50-percent equity investment, such municipality shall not be

21  required to comply with the aggregate equity investment

22  provisions of this paragraph. Notwithstanding any other

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

24  be construed to take away any preexisting legal authority to

25  make equity investments that exceed the requirements of this

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

27  of plan assets in foreign securities.

28         Section 19.  Paragraph (b) of subsection (1) of section

29  185.06, Florida Statutes, 1998 Supplement, is amended to read:

30

31


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    SB 2530                                        First Engrossed



  1         185.06  General powers and duties of board of

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

  3  municipality, or local law plan under this chapter:

  4         (1)  The board of trustees may:

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

  6  trust fund in:

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

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

  9  and loan association insured by the Savings Association

10  Insurance Fund which is administered by the Federal Deposit

11  Insurance Corporation or a state or federal chartered credit

12  union whose share accounts are insured by the National Credit

13  Union Share Insurance Fund.

14         2.  Obligations of the United States or obligations

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

16         3.  Bonds issued by the State of Israel.

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

18  issued or guaranteed by a corporation organized under the laws

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

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

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

22  recognized national stock exchanges or on the National Market

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

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

25  classifications by a major rating service; and

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

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

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

29  any one issuing company exceed 5 percent of the outstanding

30  capital stock of the company or the aggregate of its

31


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    SB 2530                                        First Engrossed



  1  investments under this subparagraph at cost exceed 50 percent

  2  of the fund's assets.

  3

  4  This paragraph shall apply to all boards of trustees and

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

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

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

  8  investment procedures herein, the trustees of such plan shall

  9  request a variance of the investment procedures as outlined

10  herein only through a municipal ordinance or special act of

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

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

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

14  be required to comply with the aggregate equity investment

15  provisions of this paragraph. Notwithstanding any other

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

17  be construed to take away any preexisting legal authority to

18  make equity investments that exceed the requirements of this

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

20  of plan assets in foreign securities.

21         Section 20.  Section 121.027, Florida Statutes, is

22  repealed.

23         Section 21.  Subsection (4) of section 112.64, Florida

24  Statutes, is amended to read:

25         112.64  Administration of funds; amortization of

26  unfunded liability.--

27         (4)  The net increase, if any, in unfunded liability

28  under the plan arising from significant plan amendments

29  adopted, changes in actuarial assumptions, changes in funding

30  methods, or actuarial gains or losses shall be amortized

31  within 30 plan years. In the event that there is no unfunded


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    SB 2530                                        First Engrossed



  1  liability under the plan, then the Division of Retirement and

  2  the plan actuary will determine plan contributions in a manner

  3  designed to maintain the fully funded status of the plan, and

  4  to minimize volatility in retirement system contribution

  5  rates. If, as a result of favorable experience, the plan's

  6  funded ratio of assets divided by actuarial liability exceeds

  7  120%, then a portion of the plan's surplus assets shall be

  8  applied as a "pension experience dividend" to directly offset

  9  not more than 20% of the next year's otherwise determined

10  contribution. It is the legislative intent that any pension

11  experience dividend afforded pursuant to this section be

12  recognized as a nonrecurring payroll cost reduction.

13         Section 22.  The trustees of the Florida Retirement

14  System may review the actuarial report prepared in accordance

15  with Florida law. Furthermore, in the discharge of their

16  fiduciary duties, the Trustees should review the process by

17  which FRS contribution rates are reviewed or adopted and

18  submit any comments regarding the process to the Governor and

19  legislative leadership.

20         Section 23.  Subsection (11) is added to section

21  216.136, Florida Statutes, to read:

22         216.136  Consensus estimating conferences; duties and

23  principals.--

24         (11)  FLORIDA RETIREMENT SYSTEM ACTUARIAL ASSUMPTION

25  CONFERENCE.--

26         (a)  Duties.--The Florida Retirement System Actuarial

27  Assumption Conference shall by consensus develop official

28  information with respect to the economic and noneconomic

29  assumptions and funding methods of the Florida Retirement

30  System necessary to perform the study. Such information shall

31  include: an analysis of the actuarial assumptions and


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    SB 2530                                        First Engrossed



  1  actuarial methods and a determination of whether changes to

  2  the assumptions or methods need to be made due to experience

  3  changes or revised future forecasts.

  4         (b)  Principals.--The members of the conference shall

  5  include the Executive Office of the Governor, the coordinator

  6  of the Office of Economic and Demographic Research, and

  7  professional staff of the Senate and House of Representatives

  8  who have forecasting expertise, or their designees. The

  9  Executive Office of the Governor shall have the responsibility

10  of presiding over the sessions of the conference. The State

11  Board of Administration and the Division of Retirement shall

12  be participants, as defined in s. 216.134, in the conference.

13         Section 24.  This act shall take effect upon becoming a

14  law, except that the reenactment of subsection (6) of section

15  121.051, paragraph (a) of subsection (7) of section 121.052,

16  paragraph (a) of subsection (3) of section 121.055, subsection

17  (1) of section 121.071, subsection (12) of section 121.40, and

18  subsections (11) and (12) of section 413.051, Florida

19  Statutes, shall operate retroactively to June 7, 1996.

20

21

22

23

24

25

26

27

28

29

30

31


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