Senate Bill 0356c2

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    By the Committees on Fiscal Policy; and Governmental Oversight
    and Productivity



    309-2131A-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; providing an investment

28         policy statement; amending s. 112.363, F.S.;

29         excluding participants from eligibility for

30         certain health insurance subsidies; prescribing

31         standards for contracts and descriptive

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  1         materials; providing that the act fulfills an

  2         important state interest; amending s. 121.021,

  3         F.S.; modifying definitions to provide for

  4         6-year graded vesting for all members; amending

  5         ss. 112.363, 121.0515, 121.052, 121.053,

  6         121.055, 121.081, 121.091, 121.1115, 121.1122,

  7         121.121, F.S., to conform; providing a

  8         contingency for implementation of the program;

  9         providing for indexing benefits for early

10         terminators; increasing the employer

11         contribution rate for members of the Regular

12         Class of the Florida Retirement System;

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

14         Retirement System Actuarial Assumption

15         Conference; providing duties and principals;

16         providing an effective date.

17

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

19

20         Section 1.  Section 121.36, Florida Statutes, is

21  created to read:

22         121.36  Optional retirement program for members of the

23  regular class.--

24         (1)  OPTIONAL RETIREMENT PROGRAM

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

26  Retirement shall establish an optional retirement program for

27  members of the Regular Class of the Florida Retirement System

28  under which contracts providing retirement benefits may be

29  purchased for eligible employees who elect to participate in

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

31  participants in such optional retirement program shall be

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  1  provided through individual contracts, which may be fixed,

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

  3  401(a) of the Internal Revenue Code. Any individual contract

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

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

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

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

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

  9  purchase of such optional benefits.

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

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

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

13  selected and approved by the division to offer contracts to

14  participants of the Regular Class Optional Retirement Program.

15  Private-sector companies include nonprofit investment

16  management companies, insurance companies, depositories, and

17  mutual fund companies.

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

19  individual certificate issued for a group contract. The term

20  "execute a contract" includes execution of an individual

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

22  Retirement with issuance of an individual certificate.

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

24  account contributions and accumulated earnings under the

25  Regular Class Optional Retirement Program of not more than

26  $5,000.

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

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

29  membership in, the Regular Class of the Florida Retirement

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

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

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  1  optional retirement program authorized under this chapter, nor

  2  does the term include any renewed member of the Florida

  3  Retirement System under s. 121.122 or any member participating

  4  in the Deferred Retirement Option Program under s.

  5  121.091(13).

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

  7  121.021(10), of an eligible employee.

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

  9  elects to participate in the Regular Class Optional Retirement

10  Program and enrolls in such optional program as provided in

11  subsection (4).

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

13  "optional program" means the alternative defined-contribution

14  retirement program established under this section.

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

16  participant is eligible to receive a full or partial

17  retirement benefit upon completion of the required years of

18  service under the Regular Class Optional Retirement Program.

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

20         (a)  Participation in the Regular Class Optional

21  Retirement Program is limited to eligible employees.

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

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

24  to participate in the Regular Class Optional Retirement

25  Program shall retain all retirement service credit earned

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

27  However, election to participate in the Regular Class Optional

28  Retirement Program terminates the active membership of the

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

30  a participant in the Regular Class Optional Retirement Program

31  will not be creditable under the Florida Retirement System,

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  1  nor will the participant be eligible for disability retirement

  2  under the Florida Retirement System.

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

  4  employee who elects to participate in the Regular Class

  5  Optional Retirement Program and establishes one or more

  6  individual participant accounts under the program may elect to

  7  transfer to the optional program a sum representing the

  8  actuarial equivalent present value of the employee's accrued

  9  service benefit under the Florida Retirement System. Upon such

10  election, the actuarial present value for the participant

11  shall be determined using the discount rate and other

12  actuarial assumptions used to value the Florida Retirement

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

14  determined and disregarding any vesting requirement that would

15  otherwise apply under the Florida Retirement System. As

16  directed by the participant, the division shall transfer the

17  appropriate amounts to the designated accounts. The division

18  shall establish transfer procedures by rule. Upon such

19  transfer, all service credit previously earned under the

20  Florida Retirement System shall be nullified for purposes of

21  entitlement to a future benefit under the Florida Retirement

22  System. Transfers are noncommissionable, must be made

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

24         (4)  PARTICIPATION.--

25         (a)  With respect to eligible employees who are

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

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

28  Regular Class Optional Retirement Program in lieu of retaining

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

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

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

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

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

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

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

  5  become a participant of the Regular Class Optional Retirement

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

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

  8  the Regular Class Optional Retirement Program will be

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

10  employer contribution is made to the optional program.

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

12  in the Regular Class Optional Retirement Program within the

13  prescribed 90 days is deemed to have elected to retain

14  membership in the Florida Retirement System.

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

16  participate in the Regular Class Optional Retirement Program

17  by reason of employment in a regularly established position

18  commencing after July 1, 2001:

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

20  the Florida Retirement System at the commencement of

21  employment, and may, within 90 days after employment

22  commences, elect to participate in the Regular Class Optional

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

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

25  employer.

26         a.  If the employee files such election before the

27  initial payroll is submitted for the employee, enrollment in

28  the Regular Class Optional Retirement Program will be

29  effective on the first day of employment.

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

31  after employment commences, but after the initial payroll is

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  1  submitted for the employee, enrollment in the optional program

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

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

  4  program.

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

  6  in the Regular Class Optional Retirement Program within the

  7  prescribed 90 days is deemed to have elected to retain

  8  membership in the Florida Retirement System.

  9         (c)  With respect to eligible employees who become

10  eligible to participate in the Regular Class Optional

11  Retirement Program by reason of a change in eligibility status

12  occurring on or after July 1, 2001:

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

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

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

16  option to participate in the Regular Class Optional Retirement

17  Program in lieu of retaining membership in the Florida

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

19  option within 90 days after the notification date.

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

21  notification date, elect to participate in the Regular Class

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

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

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

25  participate in the Regular Class Optional Retirement Program

26  within the prescribed 90 days, enrollment in the optional

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

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

29  optional program.

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

31  in the Regular Class Optional Retirement Program within the

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  1  prescribed 90 days is deemed to have elected to retain

  2  membership in the Florida Retirement System.

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

  4  paragraph (c) to the contrary notwithstanding:

  5         1.  Any eligible employee who elects to participate in

  6  the Regular Class Optional Retirement Program but fails to

  7  execute a contract with one of the approved providers within

  8  90 days after enrollment in the optional program, or who fails

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

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

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

12  Administration, and all appropriate contributions shall be

13  transferred to the State Board of Administration for

14  allocation to the participant's account.

15         2.  Any participant of the Regular Class Optional

16  Retirement Program who, before executing the required contract

17  and notifying the division, terminates employment or otherwise

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

19  is no longer eligible to participate in the optional program

20  is deemed to have elected membership in the Florida Retirement

21  System. Such membership is retroactive to the date of

22  enrollment, and all appropriate contributions will be made to

23  the Florida Retirement System Trust Fund and the Health

24  Insurance Subsidy Trust Fund.

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

26  Optional Retirement Program is irrevocable for as long as the

27  employee holds a position eligible for participation in the

28  optional program and otherwise continues to meet the

29  requirements of this section.

30         (5)  CONTRIBUTIONS.--

31

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

  2  participant in the Regular Class Optional Retirement Program

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

  4  salary. The employer shall forward to the division the

  5  required contributions for each participant of the optional

  6  program, and the division shall forward the contributions to

  7  the designated providers contracting for payment of benefits

  8  for the participant, less an amount approved by the

  9  Legislature, which shall be deducted by the division to

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

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

12  begin to accrue interest until the employee has executed a

13  contract and notified the division.

14         2.  Contributions by each employer and each participant

15  which are required for social security coverage under the

16  federal Social Security Act must be maintained for each

17  participant in the Regular Class Optional Retirement Program,

18  in addition to the retirement contributions specified in this

19  subsection.

20         (b)  Each participant in the Regular Class Optional

21  Retirement Program who has executed a contract may contribute,

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

23  Class Optional Retirement Program, subject to federal

24  requirements applicable to defined-contribution plans under s.

25  401(a) of the Internal Revenue Code. Interest and investment

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

27  basis until the proceeds are distributed. Participant

28  contributions shall be made by way of salary deduction,

29  undertaken by written agreement between the participant and

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

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

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  1  shall forward to the division the designated contributions for

  2  each participant of the optional program, and the division

  3  shall forward the contributions to the designated approved

  4  provider or providers contracting for payment of benefits for

  5  the participant under the program.

  6

  7  Contributions made under the optional program shall be

  8  deposited in the Regular Class Optional Retirement Program

  9  Trust Fund established in the State Treasury and administered

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

11  therefrom to the approved providers on behalf of the Regular

12  Class Optional Retirement Program participants.

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

14  Retirement Program has the opportunity, through his or her

15  employer, to participate in a tax sheltered annuity plan

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

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

18  457 of the United States Internal Revenue Code, or a cash or

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

20  United States Internal Revenue Code, the participant may,

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

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

23         (d)  Employers are responsible for notifying

24  participants regarding maximum contribution levels permitted

25  under the Internal Revenue Code. Individual participants are

26  responsible for monitoring their own employee contributions to

27  the Regular Class Optional Retirement Program, and employer

28  contributions made on their behalf, to ensure that

29  contribution totals do not exceed federally permitted

30  maximums. If a participant contributes to any other

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

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  1  is responsible for ensuring that total contributions made to

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

  3  federally permitted maximums.

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

  5  or partially vested in the Regular Class Optional Retirement

  6  Program only upon execution of a contract with an approved

  7  provider. Subject thereto:

  8         (a)  With respect to participant contributions, plus

  9  interest and earnings thereon, participants are fully and

10  immediately vested.

11         (b)  With respect to employer contributions made on

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

13  credit toward vesting under the optional program shall be

14  gradually earned, as follows:

15         1.  A participant who completes 2 years of service

16  under the optional program shall be considered to be

17  20-percent vested and is entitled to receive an

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

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

20  and earnings thereon.

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

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

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

24  40 percent of the employer contributions made to the

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

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

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

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

29  60 percent of the employer contributions made to the

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

31

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

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

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

  4  80 percent of the employer contributions made to the

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

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

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

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

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

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

11  and earnings thereon.

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

13  Retirement Program:

14         (a)  Benefits shall be provided through individual

15  contracts, or individual certificates issued for group

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

17  Revenue Code.

18         (b)  Benefits shall accrue in individual accounts that

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

20  employee contributions and earnings thereon.

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

22  following terms and conditions:

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

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

25  to his or her beneficiaries as designated by the participant

26  in the contract with an approved provider.

27         2.  Benefits shall be paid only by the designated

28  approved provider in accordance with the terms of the

29  contracts applicable to the participant.

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

31  the participant must be terminated from all employment with

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

  2  121.021(39). If a participant elects to receive his or her

  3  employer-funded benefits upon termination of employment, in

  4  accordance with the terms and conditions of the applicable

  5  provider contract, the participant must submit a written

  6  application to the division indicating his or her preferred

  7  distribution date and selecting an authorized method of

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

  9  forward a copy of such application to each approved provider

10  with which the participant has a contractual relationship

11  under the optional program. The participant may defer receipt

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

13  such application.

14         4.  Benefits funded by the participant's personal

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

16  the limits provided in the contract between the participant

17  and the provider, subject to federal requirements. The

18  participant shall notify the provider regarding the preferred

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

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

21  of participant-funded benefits may be deferred until the

22  participant chooses to provide such notice.

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

24  accumulated by or on behalf of the participant, less

25  withholding taxes remitted to the Internal Revenue Service,

26  will be distributed to the participant's designated

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

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

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

30  available for survivors of participants under the Regular

31  Class Optional Retirement Program, except for such benefits,

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

  2  the employer, in the employer's discretion.

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

  4  executed application for distribution of benefits, the total

  5  accumulated employer-funded benefit shall be payable to the

  6  participant, as:

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

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

  9  account;

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

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

12         3.  A direct rollover distribution whereby all accrued

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

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

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

16  Internal Revenue Code, on behalf of the participant.

17         (e)  Survivor benefits shall be payable as:

18         1.  A lifetime annuity payable to the deceased

19  participant's designated beneficiaries. This payment option is

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

21         2.  A lump-sum distribution payable to the

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

23         3.  An eligible rollover distribution on behalf of the

24  surviving spouse of a deceased participant, whereby all

25  accrued benefits, plus interest and investment earnings, are

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

27  custodian of an individual retirement account or an individual

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

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

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

31  accrued benefit is paid to the deceased participant's

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  1  surviving spouse or other designated beneficiaries, less

  2  withholding taxes remitted to the Internal Revenue Service,

  3  and the remaining amount is transferred directly to the

  4  custodian of an individual retirement account or an individual

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

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

  7  proportions must be specified by the participant or the

  8  surviving spouse.

  9

10  This paragraph does not abrogate other applicable provisions

11  of state or federal law providing for payment of death

12  benefits.

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

14  Regular Class Optional Retirement Program, and any

15  contributions accumulated under such program, are not subject

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

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

18  competent jurisdiction, income-deduction orders as provided in

19  s. 61.1301, and federal income tax levies.

20         (8)  ADMINISTRATION OF PROGRAM.--

21         (a)  The Regular Class Optional Retirement Program

22  authorized by this section shall be administered by the

23  division and affected employer agencies. The division shall

24  adopt rules establishing the role and responsibilities of

25  affected state and local government agencies in administering

26  the Regular Class Optional Retirement Program.

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

28  third-party administrator to provide administrative services,

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

30  consolidated billing; individual and collective recordkeeping

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

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  1  direct disbursement of funds to and from approved providers,

  2  employers, participants, and beneficiaries.

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

  4  third-party organization to develop and disseminate

  5  educational materials and provide educational services to

  6  employers, eligible employees, participants, and beneficiaries

  7  in order to maintain compliance with United States Department

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

  9  Retirement Income Security Act of 1974 and to assist employees

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

11  retirement alternatives. Such materials and services may

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

13  education; explaining the differences between the

14  defined-benefit retirement plan and the defined-contribution

15  retirement plan; and offering financial-planning guidance on

16  matters such as investment diversification, investment risks,

17  investment costs, and asset allocation. An approved provider

18  may not perform this function, but may provide information

19  concerning its products and services.

20

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

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

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

24  division and the contractor.

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

26  make direct disbursement of funds under the optional program

27  to a participant or other beneficiary.

28         (9)  INVESTMENT PROVIDERS; INVESTMENT OPTIONS OR

29  PRODUCTS; PERFORMANCE REVIEW.--

30         (a)  The division shall develop policy and procedures

31  for selecting investment providers and products from which

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

  2  of Administration may advise the division and make

  3  recommendations with regard to selecting investment providers

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

  5  policy and procedures, the division shall, through a

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

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

  8  shall approve the form and content of all investment

  9  contracts. Potential provider companies may elect to submit

10  competitive bids or proposals to serve only a specific segment

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

12  district employees, and nothing in this section shall prohibit

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

14  of the nine providers.

15         (b)  In evaluating and selecting private-sector

16  provider companies and products for the Regular Class Optional

17  Retirement Program, the division shall establish criteria

18  under which it will consider the relative capabilities and

19  qualifications of each proposed provider company. In

20  developing such criteria, the division shall consider:

21         1.  Experience in Florida and other states providing

22  retirement annuities or trusteed mutual fund arrangements

23  under defined-contribution pension plans.

24         2.  Financial strength and stability, as evidenced by

25  the highest ratings assigned by nationally recognized rating

26  services.

27         3.  Intrastate and interstate portability of the

28  product offered, including early withdrawal options.

29         4.  Compliance with the Internal Revenue Code.

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

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

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  1  benefits and their characteristics, including, without

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

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

  4  coordinate its activities with Florida Retirement System

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

  6  and the division the information and data they require.

  7         7.  The methods available to participants to interact

  8  with the provider company, including the means by which

  9  participants may access account information, direct investment

10  of contributions, make changes to their accounts, transfer

11  moneys between available investment vehicles, and transfer

12  moneys between provider companies, and shall consider any fees

13  that apply to such activities.

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

15  transfer of individual account balances, contributions, and

16  earnings thereon, both internally among investment products

17  offered by the provider company and externally between

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

19  or penalties that may be applied.

20         (d)  The division shall consider investment options or

21  products it considers appropriate to give participants the

22  opportunity to accumulate retirement benefits, subject to the

23  following:

24         1.  The Regular Class Optional Retirement Program must

25  offer a diversified mix of investment products.

26         2.  Investment options or products offered by the group

27  of approved providers may include mutual funds, group annuity

28  contracts, individual retirement annuities, interests in

29  trusts, and other such financial instruments.

30         (e)  The division shall periodically review the

31  performance of each approved provider and each approved

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  1  product to ensure continued compliance with established

  2  selection criteria and with division policy and procedures.

  3  Providers or products may be terminated, subject to contract

  4  provisions.

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

  6  order to provide new or different services or products.

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

  8  that each participant is provided a quarterly statement that

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

10  participants; the interest and investment earnings thereon;

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

12  thereto. At a minimum, such statements must:

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

14  options.

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

16  of the current quarter and previous quarter.

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

18         4.  Itemize account contributions for the quarter.

19         5.  Indicate any account changes due to adjustment of

20  contribution levels, reallocation of contributions, balance

21  transfers, or withdrawals.

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

23  deductions that apply to the account.

24

25  Investment providers shall provide annual summary reports to

26  the division.

27         (11)  STATE BOARD OF ADMINISTRATION TO PROVIDE ADVICE

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

29  assist the division in implementing and administering the

30  Regular Class Optional Retirement Program.

31

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

  2  review proposals submitted by vendors seeking to become

  3  approved providers for the Regular Class Optional Retirement

  4  Program and shall submit to the division its recommendations

  5  regarding such vendors, based on:

  6         1.  An evaluation of specific investment products

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

  8  track record in meeting its investment return objectives net

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

10  limited to, investment management fees, loads, distribution

11  and marketing fees, custody fees, recordkeeping fees,

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

13         2.  Organizational factors, including, but not limited

14  to, financial solvency, organizational depth, and experience

15  in providing institutional investment services.

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

17  the board shall periodically review investment product

18  performance and related organizational factors of the approved

19  providers. The board shall advise the division on the

20  acceptability of all investment products proposed to be

21  offered through contracts to the participants and may advise

22  the division of any changes necessary to ensure that the

23  Regular Class Optional Retirement Program offers a diversified

24  mix of investment products.

25         (c)  The State Board of Administration shall develop

26  and submit to the division its recommendations regarding the

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

28  Class Optional Retirement Program. In developing its

29  recommendations, the board must consider:

30

31

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

  2  be afforded participants in relation to the required

  3  contributions under the program; and

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

  5  afforded participants to the needs of the participants and the

  6  interests of employers in the recruitment and retention of

  7  eligible employees.

  8         (d)  The State Board of Administration shall review

  9  proposals submitted by vendors seeking to contract with the

10  division to provide financial advice on retirement planning.

11  The board shall evaluate such proposals based on an assessment

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

13  organizations, and organizational factors, including, but not

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

15  organizational depth, and experience in providing investment

16  advisory and consulting services. Once a vendor is selected

17  and approved for this purpose, the board shall periodically

18  review the performance and organizational aspects of the

19  approved contractor and shall submit to the division

20  recommended changes necessary to ensure that program

21  participants receive appropriate and cost-effective investment

22  advice.

23

24  The Investment Advisory Council shall review any

25  recommendations of the board prior to submittal to the

26  division. The division shall make the final determination as

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

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

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

30  the State Board of Administration that it offer an optional

31  retirement program that it administers, the Division of

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  1  Retirement shall commission an independent third-party firm to

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

  3  substantial compliance with the provisions of this subsection.

  4         (12)  FEDERAL REQUIREMENTS.--

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

  6  the Regular Class Optional Retirement Program shall be

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

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

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

10  the Internal Revenue Code.

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

12  susceptible to more than one construction must be interpreted

13  in favor of the construction most likely to satisfy

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

15  Code.

16         (c)  Contributions payable under this section for any

17  limitation year may not exceed the maximum amount allowable

18  for qualified defined-contribution pension plans under

19  applicable provisions of the Internal Revenue Code. If an

20  employee who has elected to participate in the Regular Class

21  Optional Retirement Program participates in any other plan

22  that is maintained by the participating employer, benefits

23  that accrue under the Regular Class Optional Retirement

24  Program shall be considered primary for any aggregate

25  limitation applicable under s. 415 of the Internal Revenue

26  Code.

27         (13)  INVESTMENT POLICY STATEMENT.--

28         (a)  Investment products and providers selected for the

29  regular class optional retirement system shall be in

30  conformance with the Regular Class Optional Retirement System

31  Investment Policy Statement, herein referred to as the

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

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

  3  submitted to the Division of Retirement. The Statement must

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

  5  Regular Class Optional Retirement System; manager selection

  6  and monitoring guidelines; and performance measurement

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

  8  director of the State Board of Administration may present

  9  recommended changes in the Statement to the board for

10  approval.

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

12  being presented to the State Board of Administration, the

13  executive director of the board shall present such changes to

14  the Investment Advisory Council for review. The council shall

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

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

17  Statement.

18         (14)  STATEMENT OF FIDUCIARY STANDARDS AND

19  RESPONSIBILITIES.--

20         (a)  Investment of regular class optional retirement

21  program assets shall be made for the sole interest and

22  exclusive purpose of providing benefits to program

23  participants and beneficiaries and defraying reasonable

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

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

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

27  performance of the above investment duties shall comply with

28  the fiduciary standards set forth in the Employee Retirement

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

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

31

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  1  authorizing investments, the investment and fiduciary

  2  standards set forth in this subsection shall prevail.

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

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

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

  6  of control. The assets of the regular class optional

  7  retirement program shall be maintained in compliance with the

  8  United States Department of Labor regulation under section

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

10  and all applicable laws governing the operation of the

11  program.

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

13  Statutes, 1998 Supplement, is amended to read:

14         112.363  Retiree health insurance subsidy.--

15         (2)  ELIGIBILITY FOR RETIREE HEALTH INSURANCE

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

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

18  financial dependent entitled to receive benefits under a

19  state-administered retirement system, is eligible for health

20  insurance subsidy payments provided under this section; except

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

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

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

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

25  Payment of the retiree health insurance subsidy shall be made

26  only after coverage for health insurance for the retiree or

27  beneficiary has been certified in writing to the Division of

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

29  insurance program is not a requirement for eligibility under

30  this section.  However, participants in the State Community

31  College System Optional Retirement Program as provided in s.

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

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

  3  System Optional Retirement Program as provided in s. 121.35

  4  shall not receive the retiree health insurance subsidy

  5  provided in this section.  The employer of such participant

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

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

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

  9         Section 3.  In any solicitation or offer of coverage

10  under an optional retirement program, a provider company shall

11  be governed by the contract readability provisions of section

12  627.4145, Florida Statutes, notwithstanding section

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

14  materials must be prepared under the assumption that the

15  participant is an unsophisticated investor. Provider companies

16  must maintain an internal system of quality assurance, have

17  proven functional systems that are date-calculation compliant,

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

19  capacity and fitness to undertake service responsibilities.

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

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

22         112.363  Retiree health insurance subsidy.--

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

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

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

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

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

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

29  health insurance subsidy payment equal to the number of years

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

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

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  1  retiree or beneficiary may receive a subsidy payment of more

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

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

  4  payment to which the retiree was entitled.

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

  6  121.021, Florida Statutes, 1998 Supplement, are amended to

  7  read:

  8         121.021  Definitions.--The following words and phrases

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

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

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

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

13  following statuses:

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

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

16  and attains age 62; or

17         2.  Completes 30 years of creditable service,

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

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

20  under any other system.

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

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

23  in the Special Risk Class and attains age 55;

24         2.  Completes 25 years of creditable service in the

25  Special Risk Class, regardless of age; or

26         3.  Completes 25 years of creditable service and

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

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

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

30  the Special Risk Class.

31

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

  2  member:

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

  4  Senior Management Service Class and attains age 62; or

  5         2.  Completes 30 years of any creditable service,

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

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

  8  under any other system.

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

10  the member:

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

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

13  or

14         2.  Completes 30 years of any creditable service,

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

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

17  under any other system.

18

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

20  date."

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

22  a member is eligible to receive a future retirement benefit

23  upon completion of the required years of creditable service

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

25  may have terminated covered employment before reaching normal

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

27  member to a disability benefit; provisions governing

28  entitlement to disability benefits are set forth under s.

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

30  disease that occurs after termination of covered employment.

31

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

  2  shall be implemented for the Florida Retirement System whereby

  3  any member who is employed in a regularly established position

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

  5  described in paragraph (a), as follows:

  6         1.  Any such member completing 2 years of creditable

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

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

  9  retirement credit earned for his or her service.

10         2.  Any such member completing 3 years of creditable

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

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

13  retirement credit earned for his or her service.

14         3.  Any such member completing 4 years of creditable

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

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

17  retirement credit earned for his or her service.

18         4.  Any such member completing 5 years of creditable

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

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

21  retirement credit earned for his or her service.

22         5.  Any such member completing 6 years of creditable

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

24  vested as described in paragraph (a).

25

26  Inactive members will not be considered fully or partially

27  vested solely by operation of the provisions of this

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

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

30  or fully vested as provided in this paragraph only upon

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

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

  2  of creditable service than would have been required for that

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

  4  2001.

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

  6  121.0515, Florida Statutes, 1998 Supplement, is amended to

  7  read:

  8         121.0515  Special risk membership; criteria;

  9  designation and removal of classification; credits for past

10  service and prior service; retention of special risk normal

11  retirement date.--

12         (7)  RETENTION OF SPECIAL RISK NORMAL RETIREMENT

13  DATE.--

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

15  to a nonspecial risk law enforcement, firefighting, or

16  correctional administrative support position with the same

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

18  with any law enforcement, firefighting, or correctional agency

19  under the Florida Retirement System, shall participate in the

20  Special Risk Administrative Support Class and shall earn

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

22  earned by a regular member.  Notwithstanding the provisions of

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

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

25  satisfaction of the special risk normal retirement date, as

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

27  position, the member remains certified as a law enforcement

28  officer, firefighter, or correctional officer; remains subject

29  to reassignment at any time to a position qualifying for

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

31

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  1  more years of service as a designated special risk member

  2  prior to retirement.

  3         Section 7.  Paragraph (d) is added to subsection (5) of

  4  section 121.052, Florida Statutes, 1998 Supplement, and

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

  6  of that section are amended, to read:

  7         121.052  Membership class of elected officers.--

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

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

10  serves as the elected mayor of a consolidated local

11  government, which government by its charter has chosen status

12  as a municipality rather than a county government for purposes

13  of the state retirement system administered under this

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

15  Officers' Class established by this section for the duration

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

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

18  provided the member or the local government employer pays the

19  retirement contributions that would have been paid had actual

20  participation commenced at that time, plus interest at 6.5

21  percent compounded each June 30 from date of participation

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

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

24  obtain a benefit under any local retirement system.

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

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

27  have the same normal retirement date and vesting requirement

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

29  the regular class of the Florida Retirement System, except

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

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

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  1  121.021(29)(a).  Any public service commissioner who was

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

  3  1979, after attaining at least 8 years of creditable service

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

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

  6  121.021(29)(a).

  7         (12)  BENEFITS.--

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

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

10  retirement ages, early retirement, disability retirement,

11  termination benefits, optional forms of retirement,

12  designation of beneficiaries, employment after retirement, and

13  method of computing actuarial equivalent, respectively, shall

14  also apply to members of the Elected State and County

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

16  service in this class are needed to attain the benefits

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

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

19  provisions of this section.

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

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

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

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

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

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

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

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

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

29  any other state-administered retirement system, if the

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

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

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  1  contributions in the retirement trust fund and pay into said

  2  fund any required contributions which would have been paid by

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

  4  the term of office.

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

  6  described in subparagraph 1. previously received a refund of

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

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

  9  amount equal to the deceased member's contributions previously

10  refunded, together with interest at 4 percent compounded

11  annually on the amount of such refunded contributions from the

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

13  compounded annually thereafter to the date of payment, plus

14  such additional contributions as may be required under

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

16

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

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

19  trust fund such additional or refunded contributions, plus

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

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

22  after accumulating the required number of years of creditable

23  service as described herein.

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

25  121.053, Florida Statutes, 1998 Supplement, is amended to

26  read:

27         121.053  Participation in the Elected State and County

28  Officers' Class for retired members.--

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

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

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

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

  2  years, shall be entitled to receive an additional retirement

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

  4  1990, under the Elected State and County Officers' Class of

  5  the Florida Retirement System, as follows:

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

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

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

  9  administrator of his or her intent to purchase elected officer

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

11  contribution applicable for the period being claimed, plus 4

12  percent interest compounded annually from the first year of

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

14  compounded annually thereafter, until full payment is made to

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

16  may purchase retirement credit under the Elected State and

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

18  officer.

19         2.  Upon payment of the amount specified in

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

21  Retirement System Trust Fund the applicable employer

22  contribution for the period of elected officer service prior

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

24  interest compounded annually from the first year of service

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

26  compounded annually thereafter, until full payment is made to

27  the Florida Retirement System Trust Fund.

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

29  121.055, Florida Statutes, 1998 Supplement, is amended to

30  read:

31

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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.  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 16.  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 17.  Paragraph (b) of subsection (5) of section

13  121.091, Florida Statutes, is amended to read:

14         121.091  Benefits payable under the system.--Benefits

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

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

17  begun participation in the Deferred Retirement Option Program

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

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

20  division may cancel an application for retirement benefits

21  when the member or beneficiary fails to timely provide the

22  information and documents required by this chapter and the

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

24  procedures for application for retirement benefits and for the

25  cancellation of such application when the required information

26  or documents are not received.

27         (5)  TERMINATION BENEFITS.--

28         (b)  A member whose employment is terminated for any

29  reason other than death or retirement after becoming vested

30  may elect to receive a deferred monthly benefit which shall

31  begin to accrue on the first day of the month of normal or

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  1  early retirement and shall be payable on the last day of that

  2  month and each month thereafter during his or her lifetime.

  3  The amount of monthly benefit shall be computed in the same

  4  manner as for a normal retirement benefit in accordance with

  5  subsection (1) or early retirement benefit in accordance with

  6  s. 121.021(30), but based on average monthly compensation and

  7  creditable service as of the date of termination, which

  8  compensation shall be indexed from the date of termination to

  9  the date of retirement by 3 percent per annum.

10         Section 18.  Subsection (11) is added to section

11  216.136, Florida Statutes, 1998 Supplement, to read:

12         216.136  Consensus estimating conferences; duties and

13  principals.--

14         (11)  FLORIDA RETIREMENT SYSTEM ACTUARIAL ASSUMPTION

15  CONFERENCE.--

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

17  Assumption Conference shall by consensus develop official

18  information with respect to the economic and noneconomic

19  assumptions and funding methods of the Florida Retirement

20  System necessary to perform the study. Such information shall

21  include an analysis of the actuarial assumptions and actuarial

22  methods and a determination of whether changes to the

23  assumptions or methods need to be made due to experience

24  changes or revised future forecasts.

25         (b)  PRINCIPALS.--The principals of the conference

26  shall include the budget director of the Office of Planning

27  and Budgeting, the executive director of the State Board of

28  Administration, the director of the Division of Retirement,

29  the Coordinator of the Office of Economic and Demographic

30  Research, the staff director of the Senate Committee on

31  Budget, the executive director of the House of Representatives

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  1  Fiscal Responsibility Council, the staff director of the

  2  Senate Committee on Governmental Oversight and Productivity,

  3  and the staff director of the House of Representatives

  4  Committee on Governmental Operations. The executive director

  5  of the State Board of Administration shall preside over

  6  sessions of the conference.

  7         Section 19.  This act shall take effect July 1, 2001,

  8  except that this section and sections 1 and 16 shall take

  9  effect July 1, 1999; however, the Regular Class Optional

10  Retirement Program created by this act shall not be

11  implemented, nor shall the provisions of this act which

12  provide for improved vesting and indexing of deferred benefits

13  under the Florida Retirement System take effect, until

14  legislation is enacted to properly fund such benefit

15  improvements through adjustments to the contribution rates for

16  the various membership classes of the Florida Retirement

17  System, as required by Article X, Section 14, of the State

18  Constitution.

19

20

21

22

23

24

25

26

27

28

29

30

31

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                            CS/SB 0356

  3

  4  Adds a new definition for the term "contract" that includes an
    individual contract or individual certificates issued as part
  5  of a group contract.

  6  Requires the third party contractor for educational
    information to provide information beyond the initial
  7  enrollment choice. The bill further requires such information
    to meet the requirements under Employee Retirement Income
  8  Security Act of 1974.

  9  Makes language on the types of investment products that
    providers offer permissive as there may not be a viable
10  provider for all of the listed investment products.

11  Allows the Division of Retirement, or the third party
    contractor for educational information, to provide quarterly
12  statements to participants to ensure consistent and
    consolidated reporting to employees.  The bill clarifies the
13  type of reports providers of investment products must make to
    employees.
14
    Requires the State Board of Administration to provide an
15  investment policy statement to guide the Division of
    Retirement's selection of investment providers and products.
16  In addition, the amendment states that the state's fiduciary
    responsibilities and investment duties will comply with
17  standards under the Employee Retirement Income Security Act of
    1974.
18
    Provides that members of the FRS that are mayors or former
19  mayors of a consolidated local government that by charter is a
    municipality rather than a county can elect membership in the
20  FRS for the time served as mayor at their own or the local
    government's expense.
21
    The bill requires that the salary figures for early
22  terminators of the defined benefit plan used in the average
    final compensation calculation be indexed by 3 percent per
23  year from the date of termination to retirement.

24  Creates the Florida Retirement System Actuarial Assumption
    Conference to recommend a consensus contribution rate for the
25  programs under the Florida Retirement System.

26  Makes the effective date of the bill at July 1, 2001 except
    for sections 1 and 17 that would take effect July 1, 1999.
27

28

29

30

31

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