Senate Bill 0356c1

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    Florida Senate - 1999                            CS for SB 356

    By the Committee on Governmental Oversight and Productivity





    302-1923C-99

  1                      A bill to be entitled

  2         An act relating to retirement; creating s.

  3         121.36, F.S.; creating an optional retirement

  4         program for employees who are regular members

  5         of the Florida Retirement System; providing

  6         eligibility criteria; defining terms; providing

  7         that employees may participate in the optional

  8         retirement program in lieu of participating in

  9         the Florida Retirement System; providing for

10         retention of retirement service credits;

11         providing for transfer of the present value of

12         accrued benefits under the Florida Retirement

13         System; providing requirements for electing the

14         optional program; providing for contributions

15         to the optional program; prescribing vesting

16         requirements; providing for payment of

17         benefits; providing for the Division of

18         Retirement of the Department of Management

19         Services to administer the program; prescribing

20         criteria for selecting investment providers and

21         products and for investment options and

22         products; providing for performance reviews;

23         prescribing contract requirements; requiring

24         that the State Board of Administration provide

25         advice and assistance to the division and

26         review proposals; providing for compliance with

27         federal revenue laws; amending s. 112.363,

28         F.S.; excluding participants from eligibility

29         for certain health insurance subsidies;

30         prescribing standards for contracts and

31         descriptive materials; providing that the act

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    Florida Senate - 1999                            CS for SB 356
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  1         fulfills an important state interest; amending

  2         s. 121.021, F.S.; modifying definitions to

  3         provide for 6-year graded vesting for all

  4         members; amending ss. 112.363, 121.0515,

  5         121.052, 121.053, 121.055, 121.081, 121.091,

  6         121.1115, 121.1122, 121.121, F.S., to conform;

  7         providing for increases in contribution rates

  8         to fund the act; directing the statute editors

  9         to adjust contribution rates as set forth in

10         the Florida Statutes; providing a contingency

11         for implementation of the program; increasing

12         the employer contribution rate for members of

13         the Regular Class of the Florida Retirement

14         System; providing an effective date.

15

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

17

18         Section 1.  Section 121.36, Florida Statutes, is

19  created to read:

20         121.36  Optional retirement program for members of the

21  regular class.--

22         (1)  OPTIONAL RETIREMENT PROGRAM

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

24  Retirement shall establish an optional retirement program for

25  members of the Regular Class of the Florida Retirement System

26  under which contracts providing retirement benefits may be

27  purchased for eligible employees who elect to participate in

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

29  participants in such optional retirement program shall be

30  provided through individual contracts, which may be fixed,

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

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    Florida Senate - 1999                            CS for SB 356
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  1  401(a) of the Internal Revenue Code. Any individual contract

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

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

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

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

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

  7  purchase of such optional benefits.

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

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

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

11  selected and approved by the division to offer contracts to

12  participants of the Regular Class Optional Retirement Program.

13  Private-sector companies include nonprofit investment

14  management companies, insurance companies, depositories, and

15  mutual fund companies.

16         (b)  "De minimis account" refers to total vested

17  account contributions and accumulated earnings under the

18  Regular Class Optional Retirement Program of not more than

19  $5,000.

20         (c)  "Eligible employee" means an employee, as defined

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

22  membership in, the Regular Class of the Florida Retirement

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

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

25  optional retirement program authorized under this chapter, nor

26  does the term include any renewed member of the Florida

27  Retirement System under s. 121.122 or any member participating

28  in the Deferred Retirement Option Program under s.

29  121.091(13).

30         (d)  "Employer" means an employer, as defined in s.

31  121.021(10), of an eligible employee.

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  1         (e)  "Participant" means an eligible employee who

  2  elects to participate in the Regular Class Optional Retirement

  3  Program and enrolls in such optional program as provided in

  4  subsection (4).

  5         (f)  "Regular Class Optional Retirement Program" or

  6  "optional program" means the alternative defined-contribution

  7  retirement program established under this section.

  8         (g)  "Vested" or "vesting" means the guarantee that a

  9  participant is eligible to receive a full or partial

10  retirement benefit upon completion of the required years of

11  service under the Regular Class Optional Retirement Program.

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

13         (a)  Participation in the Regular Class Optional

14  Retirement Program is limited to eligible employees.

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

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

17  to participate in the Regular Class Optional Retirement

18  Program shall retain all retirement service credit earned

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

20  However, election to participate in the Regular Class Optional

21  Retirement Program terminates the active membership of the

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

23  a participant in the Regular Class Optional Retirement Program

24  will not be creditable under the Florida Retirement System,

25  nor will the participant be eligible for disability retirement

26  under the Florida Retirement System.

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

28  employee who elects to participate in the Regular Class

29  Optional Retirement Program and establishes one or more

30  individual participant accounts under the program may elect to

31  transfer to the optional program a sum representing the

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    Florida Senate - 1999                            CS for SB 356
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  1  actuarial equivalent present value of the employee's accrued

  2  service benefit under the Florida Retirement System. Upon such

  3  election, the actuarial present value for the participant

  4  shall be determined using the discount rate and other

  5  actuarial assumptions used to value the Florida Retirement

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

  7  determined and disregarding any vesting requirement that would

  8  otherwise apply under the Florida Retirement System. As

  9  directed by the participant, the division shall transfer the

10  appropriate amounts to the designated accounts. The division

11  shall establish transfer procedures by rule. Upon such

12  transfer, all service credit previously earned under the

13  Florida Retirement System shall be nullified for purposes of

14  entitlement to a future benefit under the Florida Retirement

15  System. Transfers are noncommissionable, must be made

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

17         (4)  PARTICIPATION.--

18         (a)  With respect to eligible employees who are

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

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

21  Regular Class Optional Retirement Program in lieu of retaining

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

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

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

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

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

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

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

29  become a participant of the Regular Class Optional Retirement

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

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

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    Florida Senate - 1999                            CS for SB 356
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  1  the Regular Class Optional Retirement Program will be

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

  3  employer contribution is made to the optional program.

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

  5  in the Regular Class Optional Retirement Program within the

  6  prescribed 90 days is deemed to have elected to retain

  7  membership in the Florida Retirement System.

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

  9  participate in the Regular Class Optional Retirement Program

10  by reason of employment in a regularly established position

11  commencing after July 1, 2001:

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

13  the Florida Retirement System at the commencement of

14  employment, and may, within 90 days after employment

15  commences, elect to participate in the Regular Class Optional

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

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

18  employer.

19         a.  If the employee files such election before the

20  initial payroll is submitted for the employee, enrollment in

21  the Regular Class Optional Retirement Program will be

22  effective on the first day of employment.

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

24  after employment commences, but after the initial payroll is

25  submitted for the employee, enrollment in the optional program

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

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

28  program.

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

30  in the Regular Class Optional Retirement Program within the

31

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    Florida Senate - 1999                            CS for SB 356
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  1  prescribed 90 days is deemed to have elected to retain

  2  membership in the Florida Retirement System.

  3         (c)  With respect to eligible employees who become

  4  eligible to participate in the Regular Class Optional

  5  Retirement Program by reason of a change in eligibility status

  6  occurring on or after July 1, 2001:

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

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

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

10  option to participate in the Regular Class Optional Retirement

11  Program in lieu of retaining membership in the Florida

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

13  option within 90 days after the notification date.

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

15  notification date, elect to participate in the Regular Class

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

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

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

19  participate in the Regular Class Optional Retirement Program

20  within the prescribed 90 days, enrollment in the optional

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

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

23  optional program.

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

25  in the Regular Class Optional Retirement Program within the

26  prescribed 90 days is deemed to have elected to retain

27  membership in the Florida Retirement System.

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

29  paragraph (c) to the contrary notwithstanding:

30         1.  Any eligible employee who elects to participate in

31  the Regular Class Optional Retirement Program but fails to

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  1  execute a contract with one of the approved providers within

  2  90 days after enrollment in the optional program, or who fails

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

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

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

  6  Administration, and all appropriate contributions shall be

  7  transferred to the State Board of Administration for

  8  allocation to the participant's account.

  9         2.  Any participant of the Regular Class Optional

10  Retirement Program who, before executing the required contract

11  and notifying the division, terminates employment or otherwise

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

13  is no longer eligible to participate in the optional program

14  is deemed to have elected membership in the Florida Retirement

15  System. Such membership is retroactive to the date of

16  enrollment, and all appropriate contributions will be made to

17  the Florida Retirement System Trust Fund and the Health

18  Insurance Subsidy Trust Fund.

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

20  Optional Retirement Program is irrevocable for as long as the

21  employee holds a position eligible for participation in the

22  optional program and otherwise continues to meet the

23  requirements of this section.

24         (5)  CONTRIBUTIONS.--

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

26  participant in the Regular Class Optional Retirement Program

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

28  salary. The employer shall forward to the division the

29  required contributions for each participant of the optional

30  program, and the division shall forward the contributions to

31  the designated providers contracting for payment of benefits

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    Florida Senate - 1999                            CS for SB 356
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  1  for the participant, less an amount approved by the

  2  Legislature, which shall be deducted by the division to

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

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

  5  begin to accrue interest until the employee has executed a

  6  contract and notified the division.

  7         2.  Contributions by each employer and each participant

  8  which are required for social security coverage under the

  9  federal Social Security Act must be maintained for each

10  participant in the Regular Class Optional Retirement Program,

11  in addition to the retirement contributions specified in this

12  subsection.

13         (b)  Each participant in the Regular Class Optional

14  Retirement Program who has executed a contract may contribute,

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

16  Class Optional Retirement Program, subject to federal

17  requirements applicable to defined-contribution plans under s.

18  401(a) of the Internal Revenue Code. Interest and investment

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

20  basis until the proceeds are distributed. Participant

21  contributions shall be made by way of salary deduction,

22  undertaken by written agreement between the participant and

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

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

25  shall forward to the division the designated contributions for

26  each participant of the optional program, and the division

27  shall forward the contributions to the designated approved

28  provider or providers contracting for payment of benefits for

29  the participant under the program.

30

31

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  1  Contributions made under the optional program shall be

  2  deposited in the Regular Class Optional Retirement Program

  3  Trust Fund established in the State Treasury and administered

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

  5  therefrom to the approved providers on behalf of the Regular

  6  Class Optional Retirement Program participants.

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

  8  Retirement Program has the opportunity, through his or her

  9  employer, to participate in a tax sheltered annuity plan

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

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

12  457 of the United States Internal Revenue Code, or a cash or

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

14  United States Internal Revenue Code, the participant may,

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

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

17         (d)  Employers are responsible for notifying

18  participants regarding maximum contribution levels permitted

19  under the Internal Revenue Code. Individual participants are

20  responsible for monitoring their own employee contributions to

21  the Regular Class Optional Retirement Program, and employer

22  contributions made on their behalf, to ensure that

23  contribution totals do not exceed federally permitted

24  maximums. If a participant contributes to any other

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

26  is responsible for ensuring that total contributions made to

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

28  federally permitted maximums.

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

30  or partially vested in the Regular Class Optional Retirement

31

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  1  Program only upon execution of a contract with an approved

  2  provider. Subject thereto:

  3         (a)  With respect to participant contributions, plus

  4  interest and earnings thereon, participants are fully and

  5  immediately vested.

  6         (b)  With respect to employer contributions made on

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

  8  credit toward vesting under the optional program shall be

  9  gradually earned, as follows:

10         1.  A participant who completes 2 years of service

11  under the optional program shall be considered to be

12  20-percent vested and is entitled to receive an

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

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

15  and earnings thereon.

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

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

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

19  40 percent of the employer contributions made to the

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

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

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

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

24  60 percent of the employer contributions made to the

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

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

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

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

29  80 percent of the employer contributions made to the

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

31

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

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

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

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

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

  6  and earnings thereon.

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

  8  Retirement Program:

  9         (a)  Benefits shall be provided through individual

10  contracts, or individual certificates issued for group

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

12  Revenue Code.

13         (b)  Benefits shall accrue in individual accounts that

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

15  employee contributions and earnings thereon.

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

17  following terms and conditions:

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

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

20  to his or her beneficiaries as designated by the participant

21  in the contract with an approved provider.

22         2.  Benefits shall be paid only by the designated

23  approved provider in accordance with the terms of the

24  contracts applicable to the participant.

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

26  the participant must be terminated from all employment with

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

28  121.021(39). If a participant elects to receive his or her

29  employer-funded benefits upon termination of employment, in

30  accordance with the terms and conditions of the applicable

31  provider contract, the participant must submit a written

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    Florida Senate - 1999                            CS for SB 356
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  1  application to the division indicating his or her preferred

  2  distribution date and selecting an authorized method of

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

  4  forward a copy of such application to each approved provider

  5  with which the participant has a contractual relationship

  6  under the optional program. The participant may defer receipt

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

  8  such application.

  9         4.  Benefits funded by the participant's personal

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

11  the limits provided in the contract between the participant

12  and the provider, subject to federal requirements. The

13  participant shall notify the provider regarding the preferred

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

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

16  of participant-funded benefits may be deferred until the

17  participant chooses to provide such notice.

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

19  accumulated by or on behalf of the participant, less

20  withholding taxes remitted to the Internal Revenue Service,

21  will be distributed to the participant's designated

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

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

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

25  available for survivors of participants under the Regular

26  Class Optional Retirement Program, except for such benefits,

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

28  the employer, in the employer's discretion.

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

30  executed application for distribution of benefits, the total

31

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  1  accumulated employer-funded benefit shall be payable to the

  2  participant, as:

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

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

  5  account;

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

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

  8         3.  A direct rollover distribution whereby all accrued

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

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

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

12  Internal Revenue Code, on behalf of the participant.

13         (e)  Survivor benefits shall be payable as:

14         1.  A lifetime annuity payable to the deceased

15  participant's designated beneficiaries. This payment option is

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

17         2.  A lump-sum distribution payable to the

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

19         3.  An eligible rollover distribution on behalf of the

20  surviving spouse of a deceased participant, whereby all

21  accrued benefits, plus interest and investment earnings, are

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

23  custodian of an individual retirement account or an individual

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

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

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

27  accrued benefit is paid to the deceased participant's

28  surviving spouse or other designated beneficiaries, less

29  withholding taxes remitted to the Internal Revenue Service,

30  and the remaining amount is transferred directly to the

31  custodian of an individual retirement account or an individual

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

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

  3  proportions must be specified by the participant or the

  4  surviving spouse.

  5

  6  This paragraph does not abrogate other applicable provisions

  7  of state or federal law providing for payment of death

  8  benefits.

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

10  Regular Class Optional Retirement Program, and any

11  contributions accumulated under such program, are not subject

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

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

14  competent jurisdiction, income-deduction orders as provided in

15  s. 61.1301, and federal income tax levies.

16         (8)  ADMINISTRATION OF PROGRAM.--

17         (a)  The Regular Class Optional Retirement Program

18  authorized by this section shall be administered by the

19  division and affected employer agencies. The division shall

20  adopt rules establishing the role and responsibilities of

21  affected state and local government agencies in administering

22  the Regular Class Optional Retirement Program.

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

24  third-party administrator to provide administrative services,

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

26  consolidated billing; individual and collective recordkeeping

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

28  direct disbursement of funds to and from approved providers,

29  employers, participants, and beneficiaries.

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

31  third-party organization to develop and disseminate

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  1  educational materials and provide educational services to

  2  employers, eligible employees, participants, and beneficiaries

  3  at the time of their asset transfer or initial enrollment

  4  only. Such materials and services may include, but are not

  5  limited to, providing retirement-planning education;

  6  explaining the differences between the defined-benefit

  7  retirement plan and the defined-contribution retirement plan;

  8  and offering financial-planning guidance on matters such as

  9  investment diversification, investment risks, investment

10  costs, and asset allocation. An approved provider may not

11  perform this function, but may provide information concerning

12  its products and services.

13

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

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

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

17  division and the contractor.

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

19  make direct disbursement of funds under the optional program

20  to a participant or other beneficiary.

21         (9)  INVESTMENT PROVIDERS; INVESTMENT OPTIONS OR

22  PRODUCTS; PERFORMANCE REVIEW.--

23         (a)  The division shall develop policy and procedures

24  for selecting investment providers and products from which

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

26  of Administration may advise the division and make

27  recommendations with regard to selecting investment providers

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

29  policy and procedures, the division shall, through a

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

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

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  1  shall approve the form and content of all investment

  2  contracts. Potential provider companies may elect to submit

  3  competitive bids or proposals to serve only a specific segment

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

  5  district employees, and nothing in this section shall prohibit

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

  7  of the nine providers.

  8         (b)  In evaluating and selecting private-sector

  9  provider companies and products for the Regular Class Optional

10  Retirement Program, the division shall establish criteria

11  under which it will consider the relative capabilities and

12  qualifications of each proposed provider company. In

13  developing such criteria, the division shall consider:

14         1.  Experience in Florida and other states providing

15  retirement annuities or trusteed mutual fund arrangements

16  under defined-contribution pension plans.

17         2.  Financial strength and stability, as evidenced by

18  the highest ratings assigned by nationally recognized rating

19  services.

20         3.  Intrastate and interstate portability of the

21  product offered, including early withdrawal options.

22         4.  Compliance with the Internal Revenue Code.

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

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

25  benefits and their characteristics, including, without

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

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

28  coordinate its activities with Florida Retirement System

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

30  and the division the information and data they require.

31

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  1         7.  The methods available to participants to interact

  2  with the provider company, including the means by which

  3  participants may access account information, direct investment

  4  of contributions, make changes to their accounts, transfer

  5  moneys between available investment vehicles, and transfer

  6  moneys between provider companies, and shall consider any fees

  7  that apply to such activities.

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

  9  transfer of individual account balances, contributions, and

10  earnings thereon, both internally among investment products

11  offered by the provider company and externally between

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

13  or penalties that may be applied.

14         (d)  The division shall consider investment options or

15  products it considers appropriate to give participants the

16  opportunity to accumulate retirement benefits, subject to the

17  following:

18         1.  The Regular Class Optional Retirement Program must

19  offer a diversified mix of investment products.

20         2.  Investment options or products offered by the group

21  of approved providers must include mutual funds, group annuity

22  contracts, individual retirement annuities, interests in

23  trusts, and other such financial instruments.

24         (e)  The division shall periodically review the

25  performance of each approved provider and each approved

26  product to ensure continued compliance with established

27  selection criteria and with division policy and procedures.

28  Providers or products may be terminated, subject to contract

29  provisions.

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

31  order to provide new or different services or products.

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  1         (10)  CONTRACT REQUIREMENTS.--

  2         (a)  The provisions of each contract applicable to a

  3  participant in the Regular Class Optional Retirement Program

  4  must be contained in a written program description that must

  5  include a report of pertinent financial and actuarial

  6  information on the solvency and actuarial soundness of the

  7  program and the options and products available to the

  8  participant, together with the provisions of each contract

  9  applicable to a program participant. Such description must be

10  furnished by the approved provider to each participant in the

11  program and to the division upon commencement of participation

12  in the program and annually thereafter.

13         (b)  The division shall ensure that each participant is

14  provided a quarterly statement by the approved providers with

15  which the participant has a contractual relationship under

16  this section. Such statements must account for the

17  contributions made by and on behalf of such participants; the

18  interest and investment earnings thereon; and any fees,

19  penalties, or other deductions that apply thereto. At a

20  minimum, such statements must:

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

22  options.

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

24  of the current quarter and previous quarter.

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

26         4.  Itemize account contributions for the quarter.

27         5.  Indicate any account changes due to adjustment of

28  contribution levels, reallocation of contributions, balance

29  transfers, or withdrawals.

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

31  deductions that apply to the account.

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  1

  2  Investment providers shall provide annual summary reports to

  3  the division.

  4         (11)  STATE BOARD OF ADMINISTRATION TO PROVIDE ADVICE

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

  6  assist the division in implementing and administering the

  7  Regular Class Optional Retirement Program.

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

  9  review proposals submitted by vendors seeking to become

10  approved providers for the Regular Class Optional Retirement

11  Program and shall submit to the division its recommendations

12  regarding such vendors, based on:

13         1.  An evaluation of specific investment products

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

15  track record in meeting its investment return objectives net

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

17  limited to, investment management fees, loads, distribution

18  and marketing fees, custody fees, recordkeeping fees,

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

20         2.  Organizational factors, including, but not limited

21  to, financial solvency, organizational depth, and experience

22  in providing institutional investment services.

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

24  the board shall periodically review investment product

25  performance and related organizational factors of the approved

26  providers. The board shall advise the division on the

27  acceptability of all investment products proposed to be

28  offered through contracts to the participants and may advise

29  the division of any changes necessary to ensure that the

30  Regular Class Optional Retirement Program offers a diversified

31  mix of investment products.

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  1         (c)  The State Board of Administration shall develop

  2  and submit to the division its recommendations regarding the

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

  4  Class Optional Retirement Program. In developing its

  5  recommendations, the board must consider:

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

  7  be afforded participants in relation to the required

  8  contributions under the program; and

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

10  afforded participants to the needs of the participants and the

11  interests of employers in the recruitment and retention of

12  eligible employees.

13         (d)  The State Board of Administration shall review

14  proposals submitted by vendors seeking to contract with the

15  division to provide financial advice on retirement planning.

16  The board shall evaluate such proposals based on an assessment

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

18  organizations, and organizational factors, including, but not

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

20  organizational depth, and experience in providing investment

21  advisory and consulting services. Once a vendor is selected

22  and approved for this purpose, the board shall periodically

23  review the performance and organizational aspects of the

24  approved contractor and shall submit to the division

25  recommended changes necessary to ensure that program

26  participants receive appropriate and cost-effective investment

27  advice.

28

29  The Investment Advisory Council shall review any

30  recommendations of the board prior to submittal to the

31  division. The division shall make the final determination as

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

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

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

  4  the State Board of Administration that it offer an optional

  5  retirement program that it administers, the Division of

  6  Retirement shall commission an independent third-party firm to

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

  8  substantial compliance with the provisions of this subsection.

  9         (12)  FEDERAL REQUIREMENTS.--

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

11  the Regular Class Optional Retirement Program shall be

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

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

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

15  the Internal Revenue Code.

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

17  susceptible to more than one construction must be interpreted

18  in favor of the construction most likely to satisfy

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

20  Code.

21         (c)  Contributions payable under this section for any

22  limitation year may not exceed the maximum amount allowable

23  for qualified defined-contribution pension plans under

24  applicable provisions of the Internal Revenue Code. If an

25  employee who has elected to participate in the Regular Class

26  Optional Retirement Program participates in any other plan

27  that is maintained by the participating employer, benefits

28  that accrue under the Regular Class Optional Retirement

29  Program shall be considered primary for any aggregate

30  limitation applicable under s. 415 of the Internal Revenue

31  Code.

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  1         Section 2.  Subsection (2) of section 112.363, Florida

  2  Statutes, 1998 Supplement, is amended to read:

  3         112.363  Retiree health insurance subsidy.--

  4         (2)  ELIGIBILITY FOR RETIREE HEALTH INSURANCE

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

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

  7  financial dependent entitled to receive benefits under a

  8  state-administered retirement system, is eligible for health

  9  insurance subsidy payments provided under this section; except

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

11  121.40, 238.07(16)(a), and 250.22, recipients of health

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

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

14  Payment of the retiree health insurance subsidy shall be made

15  only after coverage for health insurance for the retiree or

16  beneficiary has been certified in writing to the Division of

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

18  insurance program is not a requirement for eligibility under

19  this section.  However, participants in the State Community

20  College System Optional Retirement Program as provided in s.

21  121.051(2)(c), the Senior Management Service Optional Annuity

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

23  System Optional Retirement Program as provided in s. 121.35

24  shall not receive the retiree health insurance subsidy

25  provided in this section.  The employer of such participant

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

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

28  121.055(6)(d), or s. 121.35(4)(a), as applicable.

29         Section 3.  In any solicitation or offer of coverage

30  under an optional retirement program, a provider company shall

31  be governed by the contract readability provisions of section

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  1  627.4145, Florida Statutes, notwithstanding section

  2  627.4145(6)(c), Florida Statutes. In addition, all descriptive

  3  materials must be prepared under the assumption that the

  4  participant is an unsophisticated investor. Provider companies

  5  must maintain an internal system of quality assurance, have

  6  proven functional systems that are date-calculation compliant,

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

  8  capacity and fitness to undertake service responsibilities.

  9         Section 4.  Paragraph (e) is added to subsection (3) of

10  section 112.363, Florida Statutes, 1998 Supplement, to read:

11         112.363  Retiree health insurance subsidy.--

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

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

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

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

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

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

18  health insurance subsidy payment equal to the number of years

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

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

21  retiree or beneficiary may receive a subsidy payment of more

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

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

24  payment to which the retiree was entitled.

25         Section 5.  Subsections (29) and (45) of section

26  121.021, Florida Statutes, 1998 Supplement, are amended to

27  read:

28         121.021  Definitions.--The following words and phrases

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

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

31

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

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

  3  following statuses:

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

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

  6  and attains age 62; or

  7         2.  Completes 30 years of creditable service,

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

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

10  under any other system.

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

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

13  in the Special Risk Class and attains age 55;

14         2.  Completes 25 years of creditable service in the

15  Special Risk Class, regardless of age; or

16         3.  Completes 25 years of creditable service and

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

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

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

20  the Special Risk Class.

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

22  member:

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

24  Senior Management Service Class and attains age 62; or

25         2.  Completes 30 years of any creditable service,

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

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

28  under any other system.

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

30  the member:

31

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

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

  3  or

  4         2.  Completes 30 years of any creditable service,

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

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

  7  under any other system.

  8

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

10  date."

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

12  a member is eligible to receive a future retirement benefit

13  upon completion of the required years of creditable service

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

15  may have terminated covered employment before reaching normal

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

17  member to a disability benefit; provisions governing

18  entitlement to disability benefits are set forth under s.

19  121.091(4) based on a disability caused by an injury or

20  disease that occurs after termination of covered employment.

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

22  shall be implemented for the Florida Retirement System whereby

23  any member who is employed in a regularly established position

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

25  described in paragraph (a), as follows:

26         1.  Any such member completing 2 years of creditable

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

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

29  retirement credit earned for his or her service.

30         2.  Any such member completing 3 years of creditable

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

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

  2  retirement credit earned for his or her service.

  3         3.  Any such member completing 4 years of creditable

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

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

  6  retirement credit earned for his or her service.

  7         4.  Any such member completing 5 years of creditable

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

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

10  retirement credit earned for his or her service.

11         5.  Any such member completing 6 years of creditable

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

13  vested as described in paragraph (a).

14

15  Inactive members will not be considered fully or partially

16  vested solely by operation of the provisions of this

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

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

19  or fully vested as provided in this paragraph only upon

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

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

22  of creditable service than would have been required for that

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

24  2001.

25         Section 6.  Paragraph (a) of subsection (7) of section

26  121.0515, Florida Statutes, 1998 Supplement, is amended to

27  read:

28         121.0515  Special risk membership; criteria;

29  designation and removal of classification; credits for past

30  service and prior service; retention of special risk normal

31  retirement date.--

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  1         (7)  RETENTION OF SPECIAL RISK NORMAL RETIREMENT

  2  DATE.--

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

  4  to a nonspecial risk law enforcement, firefighting, or

  5  correctional administrative support position with the same

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

  7  with any law enforcement, firefighting, or correctional agency

  8  under the Florida Retirement System, shall participate in the

  9  Special Risk Administrative Support Class and shall earn

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

11  earned by a regular member.  Notwithstanding the provisions of

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

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

14  satisfaction of the special risk normal retirement date, as

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

16  position, the member remains certified as a law enforcement

17  officer, firefighter, or correctional officer; remains subject

18  to reassignment at any time to a position qualifying for

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

20  more years of service as a designated special risk member

21  prior to retirement.

22         Section 7.  Subsection (8) and paragraphs (b) and (c)

23  of subsection (12) of section 121.052, Florida Statutes, 1998

24  Supplement, are amended to read:

25         121.052  Membership class of elected officers.--

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

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

28  have the same normal retirement date and vesting requirement

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

30  the regular class of the Florida Retirement System, except

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

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

  2  121.021(29)(a).  Any public service commissioner who was

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

  4  1979, after attaining at least 8 years of creditable service

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

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

  7  121.021(29)(a).

  8         (12)  BENEFITS.--

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

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

11  retirement ages, early retirement, disability retirement,

12  termination benefits, optional forms of retirement,

13  designation of beneficiaries, employment after retirement, and

14  method of computing actuarial equivalent, respectively, shall

15  also apply to members of the Elected State and County

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

17  service in this class are needed to attain the benefits

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

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

20  provisions of this section.

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

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

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

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

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

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

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

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

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

30  any other state-administered retirement system, if the

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

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

  2  contributions in the retirement trust fund and pay into said

  3  fund any required contributions which would have been paid by

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

  5  the term of office.

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

  7  described in subparagraph 1. previously received a refund of

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

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

10  amount equal to the deceased member's contributions previously

11  refunded, together with interest at 4 percent compounded

12  annually on the amount of such refunded contributions from the

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

14  compounded annually thereafter to the date of payment, plus

15  such additional contributions as may be required under

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

17

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

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

20  trust fund such additional or refunded contributions, plus

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

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

23  after accumulating the required number of years of creditable

24  service as described herein.

25         Section 8.  Paragraph (a) of subsection (1) of section

26  121.053, Florida Statutes, 1998 Supplement, is amended to

27  read:

28         121.053  Participation in the Elected State and County

29  Officers' Class for retired members.--

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

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

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

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

  3  years, shall be entitled to receive an additional retirement

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

  5  1990, under the Elected State and County Officers' Class of

  6  the Florida Retirement System, as follows:

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

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

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

10  administrator of his or her intent to purchase elected officer

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

12  contribution applicable for the period being claimed, plus 4

13  percent interest compounded annually from the first year of

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

15  compounded annually thereafter, until full payment is made to

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

17  may purchase retirement credit under the Elected State and

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

19  officer.

20         2.  Upon payment of the amount specified in

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

22  Retirement System Trust Fund the applicable employer

23  contribution for the period of elected officer service prior

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

25  interest compounded annually from the first year of service

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

27  compounded annually thereafter, until full payment is made to

28  the Florida Retirement System Trust Fund.

29         Section 9.  Paragraph (b) of subsection (4) of section

30  121.055, Florida Statutes, 1998 Supplement, is amended to

31  read:

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  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         (4)

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

  8  1, 1987, or after January 31, 1987, shall satisfy the

  9  requirement of attaining the normal retirement date as defined

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

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

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

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

14  service in an eligible position shall be required to satisfy

15  the requirements for the normal retirement date for a regular

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

17         Section 10.  Paragraph (i) of subsection (1) of section

18  121.081, Florida Statutes, 1998 Supplement, is amended to

19  read:

20         121.081  Past service; prior service;

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

22  service may be claimed and credited are:

23         (1)

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

25  a state-administered retirement system and who was granted

26  educational leave with pay pursuant to a written educational

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

28  leave as past service subject to the following conditions:

29         1.  The educational leave must have occurred prior to

30  December 31, 1971;

31

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

  2  of creditable service excluding the period of the educational

  3  leave;

  4         3.  The employee must have returned to employment with

  5  a state agency employer who participated in the retirement

  6  system, which return was immediately upon termination of the

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

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

  9  employment;

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

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

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

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

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

15  state or federal retirement system; and

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

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

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

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

20  claimed, plus 4 percent interest thereon compounded annually

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

22  1, 1975, and 6.5 percent interest thereafter on the unpaid

23  balance compounded annually each June 30 until paid.

24         Section 11.  Paragraphs (a) and (j) of subsection (4)

25  of section 121.091, Florida Statutes, 1998 Supplement, are

26  amended to read:

27         121.091  Benefits payable under the system.--Benefits

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

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

30  begun participation in the Deferred Retirement Option Program

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

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

  2  division may cancel an application for retirement benefits

  3  when the member or beneficiary fails to timely provide the

  4  information and documents required by this chapter and the

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

  6  procedures for application for retirement benefits and for the

  7  cancellation of such application when the required information

  8  or documents are not received.

  9         (4)  DISABILITY RETIREMENT BENEFIT.--

10         (a)  Disability retirement; entitlement and effective

11  date.--

12         1.  A member who becomes totally and permanently

13  disabled, as defined in paragraph (b), after completing 5

14  years of creditable service, or a member who becomes totally

15  and permanently disabled in the line of duty regardless of

16  service, shall be entitled to a monthly disability benefit;

17  except that any member with less than 5 years of creditable

18  service on July 1, 1980, or any person who becomes a member of

19  the Florida Retirement System on or after such date must have

20  completed 10 years of creditable service prior to becoming

21  totally and permanently disabled in order to receive

22  disability retirement benefits for any disability which occurs

23  other than in the line of duty. However, if a member employed

24  on July 1, 1980, with less than 5 years of creditable service

25  as of that date, becomes totally and permanently disabled

26  after completing 5 years of creditable service and is found

27  not to have attained fully insured status for benefits under

28  the federal Social Security Act, such member shall be entitled

29  to a monthly disability benefit.

30         2.  If the division has received from the employer the

31  required documentation of the member's termination of

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  1  employment, the effective retirement date for a member who

  2  applies and is approved for disability retirement shall be

  3  established by rule of the division.

  4         3.  For a member who is receiving Workers' Compensation

  5  payments, the effective disability retirement date may not

  6  precede the date the member reaches Maximum Medical

  7  Improvement (MMI), unless the member terminates employment

  8  prior to reaching MMI.

  9         (j)  Disability retirement of justice or judge by order

10  of Supreme Court.--

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

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

13  of a county court who has served for 6 10 years or more as an

14  elected constitutional judicial officer, including service as

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

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

17  by order of the Supreme Court upon recommendation of the

18  Judicial Qualifications Commission pursuant to the provisions

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

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

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

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

23  alternatively elect to receive a disability retirement benefit

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

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

26  Florida Retirement System be retired for disability by order

27  of the Supreme Court upon recommendation of the Judicial

28  Qualifications Commission pursuant to the provisions of Art. V

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

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

31  the employer shall be transferred to and deposited in the

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

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

  3  paid into the Florida Retirement System Fund, an amount

  4  necessary to pay the benefits of all justices and judges

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

  6  of the State Constitution.

  7         Section 12.  Paragraph (b) of subsection (1) of section

  8  121.1115, Florida Statutes, is amended to read:

  9         121.1115  Purchase of retirement credit for

10  out-of-state and federal service.--Effective January 1, 1995,

11  a member of the Florida Retirement System may purchase

12  creditable service for periods of public employment in another

13  state and receive creditable service for such periods of

14  employment. Service with the Federal Government, including any

15  military service, may be claimed. Upon completion of each year

16  of service earned under the Florida Retirement System, a

17  member may purchase up to 1 year of retirement credit for his

18  or her out-of-state service, subject to the following

19  provisions:

20         (1)  LIMITATIONS AND CONDITIONS.--To receive credit for

21  the out-of-state service:

22         (b)  The member must have completed a minimum of 6 10

23  years of creditable service under the Florida Retirement

24  System, excluding out-of-state service and in-state service

25  claimed and purchased under s. 121.1122.

26         Section 13.  Paragraph (a) of subsection (2) of section

27  121.1122, Florida Statutes, 1998 Supplement, is amended to

28  read:

29         121.1122  Purchase of retirement credit for in-state

30  public service and in-state service in accredited nonpublic

31  schools and colleges, including charter schools and charter

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  1  technical career centers.--Effective January 1, 1998, a member

  2  of the Florida Retirement System may purchase creditable

  3  service for periods of certain public or nonpublic employment

  4  performed in this state, as provided in this section.

  5         (2)  LIMITATIONS AND CONDITIONS.--

  6         (a)  A member is not eligible to receive credit for

  7  in-state service under this section until he or she has

  8  completed 6 10 years of creditable service under the Florida

  9  Retirement System, excluding service purchased under this

10  section and out-of-state service claimed and purchased under

11  s. 121.1115.

12         Section 14.  Paragraph (a) of subsection (1) of section

13  121.121, Florida Statutes, 1998 Supplement, is amended to

14  read:

15         121.121  Authorized leaves of absence.--

16         (1)  A member may purchase creditable service for up to

17  2 work years of authorized leaves of absence if:

18         (a)  The member has completed a minimum of 6 10 years

19  of creditable service, excluding periods for which a leave of

20  absence was authorized;

21         (b)  The leave of absence is authorized in writing by

22  the employer of the member and approved by the administrator;

23         (c)  The member returns to active employment performing

24  service with a Florida Retirement System employer in a

25  regularly established position immediately upon termination of

26  the leave of absence and remains on the employer's payroll for

27  1 calendar month, except that a member who retires on

28  disability while on a medical leave of absence shall not be

29  required to return to employment. A member whose work year is

30  less than 12 months and whose leave of absence terminates

31  between school years is eligible to receive credit for the

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  1  leave of absence as long as he or she returns to the

  2  employment of his or her employer at the beginning of the next

  3  school year and remains on the employer's payroll for 1

  4  calendar month; and

  5         (d)  The member makes the required contributions for

  6  service credit during the leave of absence, which shall be 8

  7  percent until January 1, 1975, and 9 percent thereafter of his

  8  or her rate of monthly compensation in effect immediately

  9  prior to the commencement of such leave for each month of such

10  period, plus 4 percent interest until July 1, 1975, and 6.5

11  percent interest thereafter on such contributions, compounded

12  annually each June 30 from the due date of the contribution to

13  date of payment. Effective July 1, 1980, any leave of absence

14  purchased pursuant to this section shall be at the

15  contribution rates specified in s. 121.071 in effect at the

16  time the leave is granted for the class of membership from

17  which the leave of absence was granted; however, any member

18  who purchased leave-of-absence credit prior to July 1, 1980,

19  for a leave of absence from a position in a class other than

20  the regular membership class, may pay the appropriate

21  additional contributions plus compound interest thereon and

22  receive creditable service for such leave of absence in the

23  membership class from which the member was granted the leave

24  of absence.

25         Section 15.  Effective July 1, 2001, to fund the

26  provisions of this act:

27         (1)  The contribution rates applicable to the Regular

28  Class of the Florida Retirement System shall be increased by

29  1.36 percentage points;

30         (2)  The contribution rates applicable to the Special

31  Risk Class shall be increased by    percentage points;

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  1         (3)  The contribution rates applicable to the Special

  2  Risk Administrative Support Class of the Florida Retirement

  3  System shall be increased by    percentage points;

  4         (4)  The contribution rates applicable to judicial

  5  members of the Elected Officers' Class of the Florida

  6  Retirement System shall be increased by    percentage points;

  7         (5)  The contribution rates applicable to legislative,

  8  attorney, and Cabinet members of the Elected Officers' Class

  9  of the Florida Retirement System shall be increased by   

10  percentage points;

11         (6)  The contribution rates applicable to county and

12  certain municipal and special district members of the Elected

13  Officers' Class of the Florida Retirement System shall be

14  increased by    percentage points; and

15         (7)  The contribution rates applicable to the Senior

16  Management Service Class of the Florida Retirement System

17  shall be increased by    percentage points.

18

19  These increases shall be in addition to all other changes to

20  such contribution rates which may be enacted into law to take

21  effect on that date. The editors of the Florida Statutes are

22  hereby directed to adjust the contribution rates as set forth

23  in sections 121.052, 121.055, and 121.071, Florida Statutes,

24  accordingly.

25         Section 16.  The Legislature finds that a proper and

26  legitimate state purpose is served when employees and retirees

27  of the state and of its political subdivisions, and the

28  dependents, survivors, and beneficiaries of such employees and

29  retirees, are extended the basic protections afforded by

30  governmental retirement systems that provide fair and adequate

31  benefits that are managed, administered, and funded in an

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  1  actuarially sound manner, as required by Section 14 of Article

  2  X of the State Constitution and part VII of chapter 112,

  3  Florida Statutes. Therefore, the Legislature determines and

  4  declares that this act fulfills an important state interest.

  5         Section 17.  The Regular Class Optional Retirement

  6  Program created by this act shall be implemented beginning

  7  July 1, 2001, contingent upon the Division of Retirement

  8  receiving a favorable determination letter and a favorable

  9  private-letter ruling from the Internal Revenue Service before

10  the end of the regular session of the Legislature held in

11  2001.

12         Section 18.  Effective July 1, 2001, to fund the

13  provisions of this act, the contribution rates applicable to

14  the Regular Class of the Florida Retirement System shall be

15  increased by 0.50 percentage points. This increase is in

16  addition to all other changes to such contributions rates

17  which are enacted into law to take effect on or before that

18  date.

19         Section 19.  This act shall take effect July 1, 1999.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 356

  3

  4  The Committee Substitute provides a graded vesting schedule
    ranging from two to six years for both the optional defined
  5  contribution plan and the Florida Retirement System defined
    benefit plan. It provides for the procurement of up to eight
  6  provider companies from the spectrum of the insurance and
    financial communities and, at the discretion of the Board of
  7  Trustees, from the State Board of Administration itself. A
    third party information and education firm will be retained to
  8  provide assistance to participants on the decision and
    suitability of which plan they should enroll. A failure to
  9  decide shall compel membership in the Florida Retirement
    System. The bill provides for review by the Internal Revenue
10  Service for federal tax compliance and compels the provider
    companies to offer functional systems which are date
11  calculation compliant. All provider companies must be subject
    to a due diligence inquiry, demonstrate nationally recognized
12  ratings in their financial category and experience in the
    delivery of their chosen products and services. Participants
13  may elect to transfer into the optional retirement plan and
    receive a discounted payout of their accrued FRS benefits. The
14  bill fixes the fixed employer contribution at 8.21% of salary
    for the optional retirement program.
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