Senate Bill 1026c1

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    Florida Senate - 2000                           CS for SB 1026

    By the Committee on Governmental Oversight and Productivity;
    and Senators Silver and Latvala




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  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

  3         System; amending ss. 121.021, 121.0515,

  4         121.052, 121.053, 121.055, 121.081, 121.091,

  5         121.1115, 121.1122, 121.031, and 121.121, F.S.;

  6         prescribing the method for calculating average

  7         final compensation; providing that members

  8         employed in a regularly established position

  9         shall be vested after 5 years of creditable

10         service; providing that any terminated,

11         inactive member must be actively employed in a

12         covered position for 1 calendar year or more on

13         or after the bill's effective date to achieve

14         vested status with 5 years of service;

15         providing for employer contribution rate

16         increases to each membership class; adding to

17         the Special Risk Class of membership certain

18         aerial firefighting surveillance positions;

19         upgrading service credit for certain years for

20         special risk members; providing for funding of

21         changes to the definition of average final

22         compensation from the assets of the Florida

23         Retirement System Trust Fund in an amount and

24         manner sufficient to maintain actuarial

25         soundness; providing for employer contribution

26         rate decreases to each membership class;

27         providing for the development of a rate

28         stabilization mechanism; adding assistant state

29         attorneys, assistant statewide prosecutors, and

30         assistant public defenders to the Senior

31         Management Service Class of the system;

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  1         providing a legislative declaration of an

  2         important state interest; providing effective

  3         dates.

  4

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

  6

  7         Section 1.  Subsections (24), (29), and (45) of section

  8  121.021, Florida Statutes, are amended to read:

  9         121.021  Definitions.--The following words and phrases

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

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

12         (24)  "Average final compensation" means the average of

13  the 3 5 highest fiscal years of compensation for creditable

14  service prior to retirement, termination, or death.  For

15  in-line-of-duty disability benefits, if less than 3 5 years of

16  creditable service have been completed, the term "average

17  final compensation" means the average annual compensation of

18  the total number of years of creditable service.  Each year

19  used in the calculation of average final compensation shall

20  commence on July 1.

21         (a)  The average final compensation shall include:

22         1.  Accumulated annual leave payments, not to exceed

23  500 hours; and

24         2.  All payments defined as compensation in subsection

25  (22).

26         (b)  The average final compensation shall not include:

27         1.  Compensation paid to professional persons for

28  special or particular services;

29         2.  Payments for accumulated sick leave made due to

30  retirement or termination;

31

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    Florida Senate - 2000                           CS for SB 1026
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  1         3.  Payments for accumulated annual leave in excess of

  2  500 hours;

  3         4.  Bonuses as defined in subsection (47);

  4         5.  Third party payments made on and after July 1,

  5  1990; or

  6         6.  Fringe benefits (for example, automobile allowances

  7  or housing allowances).

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

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

10  following statuses:

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

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

13  and attains age 62; or

14         2.  Completes 30 years of 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         (b)  If a Special Risk Class member, the member:

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

20  in the Special Risk Class and attains age 55;

21         2.  Completes 25 years of creditable service in the

22  Special Risk Class, regardless of age; or

23         3.  Completes 25 years of creditable service and

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

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

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

27  the Special Risk Class.

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

29  member:

30         1.  Completes 5 7 years of creditable service in the

31  Senior Management Service Class and attains age 62; or

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  1         2.  Completes 30 years of any creditable service,

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

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

  4  under any other system.

  5         (d)  If an Elected Officers' Class member, the member:

  6         1.  Completes 5 8 years of creditable service in the

  7  Elected Officers' Class and attains age 62; or

  8         2.  Completes 30 years of any creditable service,

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

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

11  under any other system.

12

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

14  date."

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

16  a member is eligible to receive a future retirement benefit

17  upon completion of the required years of creditable service

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

19  may have terminated covered employment before reaching normal

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

21  member to a disability benefit based on a disability caused by

22  an injury or disease that occurs after termination of covered

23  employment.

24         (b)  Effective July 1, 2000, a 5-year vesting

25  requirement shall be implemented for the Florida Retirement

26  System.  Pursuant thereto:

27         1.  Any member employed in a regularly established

28  position on July 1, 2000, who completes or has completed a

29  total of 5 years of creditable service will be considered

30  vested as described in paragraph (a).

31

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    Florida Senate - 2000                           CS for SB 1026
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  1         2.  Any member not employed in a regularly established

  2  position on July 1, 2000, will be deemed vested upon

  3  completion of 5 years of creditable service, provided that

  4  such member is employed in a covered position for at least 1

  5  work year after July 1, 2000.  However, no member shall be

  6  required to complete more years of creditable service than

  7  would have been required for that member to vest under

  8  retirement laws in effect before July 1, 2000.

  9         Section 2.  Subsection (2) and paragraph (a) of

10  subsection (7) of section 121.0515, Florida Statutes, are

11  amended to read:

12         121.0515  Special risk membership; criteria;

13  designation and removal of classification; credits for past

14  service and prior service; retention of special risk normal

15  retirement date.--

16         (2)  CRITERIA.--A member, to be designated as a special

17  risk member, must meet the following criteria:

18         (a)  The member must be employed as a law enforcement

19  officer and be certified, or required to be certified, in

20  compliance with s. 943.1395; however, sheriffs and elected

21  police chiefs shall be excluded from meeting the certification

22  requirements of this paragraph.  In addition, the member's

23  duties and responsibilities must include the pursuit,

24  apprehension, and arrest of law violators or suspected law

25  violators; or the member must be an active member of a bomb

26  disposal unit whose primary responsibility is the location,

27  handling, and disposal of explosive devices; or the member

28  must be the supervisor or command officer of a member or

29  members who have such responsibilities; provided, however,

30  administrative support personnel, including, but not limited

31  to, those whose primary duties and responsibilities are in

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    Florida Senate - 2000                           CS for SB 1026
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  1  accounting, purchasing, legal, and personnel, shall not be

  2  included;

  3         (b)  The member must be employed as a firefighter and

  4  be certified, or required to be certified, in compliance with

  5  s. 633.35 and be employed solely within the fire department of

  6  a local government the employer, or an agency of state

  7  government with firefighting responsibilities.  In addition,

  8  the member's duties and responsibilities must include

  9  on-the-scene fighting of fires or direct supervision of

10  firefighting units or aerial firefighting surveillance

11  performed by fixed-wing pilots employed by the Department of

12  Agriculture and Consumer Services, Division of Forestry, or

13  the member must be the supervisor or command officer of a

14  member or members who have such responsibilities; provided,

15  however, administrative support personnel, including, but not

16  limited to, those whose primary duties and responsibilities

17  are in accounting, purchasing, legal, and personnel, shall not

18  be included;

19         (c)  The member must be employed as a correctional

20  officer and be certified, or required to be certified, in

21  compliance with s. 943.1395.  In addition, the member's

22  primary duties and responsibilities must be the custody, and

23  physical restraint when necessary, of prisoners or inmates

24  within a prison, jail, or other criminal detention facility,

25  or while on work detail outside the facility, or while being

26  transported; or the member must be the supervisor or command

27  officer of a member or members who have such responsibilities;

28  provided, however, administrative support personnel,

29  including, but not limited to, those whose primary duties and

30  responsibilities are in accounting, purchasing, legal, and

31  personnel, shall not be included; however, superintendents and

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    Florida Senate - 2000                           CS for SB 1026
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  1  assistant superintendents shall participate in the Special

  2  Risk Class; or

  3         (d)  The member must be employed by a licensed Advance

  4  Life Support (ALS) or Basic Life Support (BLS) employer as an

  5  emergency medical technician or a paramedic and be certified

  6  in compliance with s. 401.27.  In addition, the member's

  7  primary duties and responsibilities must include on-the-scene

  8  emergency medical care.  However, administrative support

  9  personnel, including, but not limited to, those whose primary

10  responsibilities are in accounting, purchasing, legal, and

11  personnel, shall not be included.

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,

16  correctional, or emergency medical care administrative support

17  position with the same agency, or who is subsequently employed

18  in such a position with any law enforcement, firefighting,

19  correctional, or emergency medical care agency under the

20  Florida Retirement System, shall participate in the Special

21  Risk Administrative Support Class and shall earn credit for

22  such service at the same percentage rate as that earned by a

23  regular member.  Notwithstanding the provisions of subsection

24  (4), service in such an administrative support position shall,

25  for purposes of s. 121.091, apply toward satisfaction of the

26  special risk normal retirement date, as defined in s.

27  121.021(29)(b), provided that, while in such position, the

28  member remains certified as a law enforcement officer,

29  firefighter, correctional officer, emergency medical

30  technician, or paramedic; remains subject to reassignment at

31  any time to a position qualifying for special risk membership;

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  1  and completes an aggregate of 5 10 or more years of service as

  2  a designated special risk member prior to retirement.

  3         Section 3.  Paragraphs (b) and (c) of subsection (12)

  4  of section 121.052, Florida Statutes, are amended to read:

  5         121.052  Membership class of elected officers.--

  6         (12)  BENEFITS.--

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

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

  9  retirement ages, early retirement, disability retirement,

10  termination benefits, optional forms of retirement,

11  designation of beneficiaries, employment after retirement, and

12  method of computing actuarial equivalent, respectively, shall

13  also apply to members of the Elected Officers' Class, except

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

15  needed to attain the benefits specified in s. 121.091(3) and

16  (5). These provisions shall be construed in such manner as to

17  make them compatible with the provisions of this section.

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

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

20  Officers' Class and shall be construed in such manner as to

21  make them compatible with the provisions of this section;

22  however, only 8 years of creditable service in this class are

23  needed to obtain such benefits, except that:

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

25  have been vested under the Elected Officers' Class, any other

26  class of the Florida Retirement System, or any other

27  state-administered retirement system, if the official had

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

29  spouse may elect to leave the official's retirement

30  contributions in the retirement trust fund and pay into said

31  fund any required contributions which would have been paid by

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    Florida Senate - 2000                           CS for SB 1026
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  1  the officer or the employer had the officer lived to complete

  2  the term of office.

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

  4  described in subparagraph 1. previously received a refund of

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

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

  7  amount equal to the deceased member's contributions previously

  8  refunded, together with interest at 4 percent compounded

  9  annually on the amount of such refunded contributions from the

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

11  compounded annually thereafter to the date of payment, plus

12  such additional contributions as may be required under

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

14

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

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

17  trust fund such additional or refunded contributions, plus

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

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

20  after accumulating the required number of years of creditable

21  service as described herein.

22         Section 4.  Paragraph (a) of subsection (1) of section

23  121.053, Florida Statutes, is amended to read:

24         121.053  Participation in the Elected Officers' Class

25  for retired members.--

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

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

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

29  Officers' Class for a period of at least 5 8 years, shall be

30  entitled to receive an additional retirement benefit for such

31  elected officer service prior to July 1, 1990, under the

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  1  Elected Officers' Class of the Florida Retirement System, as

  2  follows:

  3         1.  Upon completion of 5 8 or more years of creditable

  4  service in an office covered by the Elected Officers' Class,

  5  s. 121.052, such member shall notify the administrator of his

  6  or her intent to purchase elected officer service prior to

  7  July 1, 1990, and shall pay the member contribution applicable

  8  for the period being claimed, plus 4 percent interest

  9  compounded annually from the first year of service claimed

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

11  annually thereafter, until full payment is made to the Florida

12  Retirement System Trust Fund; however, such member may

13  purchase retirement credit under the Elected Officers' Class

14  only for such service as an elected officer.

15         2.  Upon payment of the amount specified in

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

17  Retirement System Trust Fund the applicable employer

18  contribution for the period of elected officer service prior

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

20  interest compounded annually from the first year of service

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

22  compounded annually thereafter, until full payment is made to

23  the Florida Retirement System Trust Fund.

24         Section 5.  Paragraph (h) of subsection (1) and

25  paragraph (b) of subsection (4) of section 121.055, Florida

26  Statutes, are amended to read:

27         121.055  Senior Management Service Class.--There is

28  hereby established a separate class of membership within the

29  Florida Retirement System to be known as the "Senior

30  Management Service Class," which shall become effective

31  February 1, 1987.

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  1         (1)

  2         (h)1.  Except as provided in subparagraph 3., effective

  3  January 1, 1994, participation in the Senior Management

  4  Service Class shall be compulsory for the State Courts

  5  Administrator and the Deputy State Courts Administrators, the

  6  Clerk of the Supreme Court, the Marshal of the Supreme Court,

  7  the Executive Director of the Justice Administrative

  8  Commission, the Capital Collateral Representative, the clerks

  9  of the district courts of appeals, the marshals of the

10  district courts of appeals, and the trial court administrator

11  in each judicial circuit. Effective January 1, 1994,

12  additional positions in the offices of the state attorney and

13  public defender in each judicial circuit may be designated for

14  inclusion in the Senior Management Service Class of the

15  Florida Retirement System, provided that:

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

17  designated by the state attorney or public defender, as

18  appropriate.  Notice of intent to designate positions for

19  inclusion in the class shall be published once a week for 2

20  consecutive weeks in a newspaper of general circulation

21  published in the county or counties affected, as provided in

22  chapter 50.

23         b.  One nonelective full-time position may be

24  designated for each state attorney and public defender

25  reporting to the Department of Management Services; for

26  agencies with 200 or more regularly established positions

27  under the state attorney or public defender, additional

28  nonelective full-time positions may be designated, not to

29  exceed 0.5 percent of the regularly established positions

30  within the agency.

31

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

  2  managerial or policymaking position filled by an employee who

  3  serves at the pleasure of the state attorney or public

  4  defender without civil service protection, and who:

  5         (I)  Heads an organizational unit; or

  6         (II)  Has responsibility to effect or recommend

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

  8  her areas of responsibility.

  9         2.  Participation in this class shall be compulsory,

10  except as provided in subparagraph 3., for any judicial

11  employee who holds a position designated for coverage in the

12  Senior Management Service Class, and such participation shall

13  continue until the employee terminates employment in a covered

14  position. Effective January 1, 2001, participation in this

15  class is compulsory for assistant state attorneys, assistant

16  statewide prosecutors, and assistant public defenders.

17         3.  In lieu of participation in the Senior Management

18  Service Class, such members may participate in the Senior

19  Management Service Optional Annuity Program as established in

20  subsection (6).

21         (4)

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

23  1, 1987, or after January 31, 1987, shall satisfy the

24  requirement of attaining the normal retirement date as defined

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

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

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

28  this class who fails to complete 5 7 years of creditable

29  service in an eligible position shall be required to satisfy

30  the requirements for the normal retirement date for a regular

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

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  1         Section 6.  Paragraph (i) of subsection (1) and

  2  paragraph (b) of subsection (2) of section 121.081, Florida

  3  Statutes, are amended to read:

  4         121.081  Past service; prior service;

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

  6  service may be claimed and credited are:

  7         (1)

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

  9  a state-administered retirement system and who was granted

10  educational leave with pay pursuant to a written educational

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

12  leave as past service subject to the following conditions:

13         1.  The educational leave must have occurred prior to

14  December 31, 1971;

15         2.  The member must have completed at least 5 10 years

16  of creditable service excluding the period of the educational

17  leave;

18         3.  The employee must have returned to employment with

19  a state agency employer who participated in the retirement

20  system, which return was immediately upon termination of the

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

22  payroll for at least 1 calendar month following the return to

23  employment;

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

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

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

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

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

29  state or federal retirement system; and

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

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

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

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

  3  claimed, plus 4 percent interest thereon compounded annually

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

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

  6  balance compounded annually each June 30 until paid.

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

  8  be claimed as creditable service under the Florida Retirement

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

10  of creditable service within a period of 12 consecutive

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

12  as a participant of the optional retirement program for the

13  State University System under s. 121.35 or the Senior

14  Management Service Optional Annuity Program under s. 121.055

15  may be used to satisfy the reemployment requirement of 1

16  complete year of creditable service.  The member shall not be

17  permitted to make any contributions for prior service until

18  after completion of the 1 year of creditable service. The

19  required contributions for claiming the various types of prior

20  service are:

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

22  system became becomes noncontributory for the member, and for

23  which the member had credit under the Florida Retirement

24  System and received a refund of contributions upon termination

25  of employment, the member shall contribute at the rate that

26  was required of him or her during the period of service being

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

28  percent interest compounded annually from the date of refund

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

30  annually thereafter, until the full payment is made to the

31  Florida Retirement System Trust Fund.

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  1         Section 7.  Paragraph (a) of subsection (1), paragraphs

  2  (a), (h), and (j) of subsection (4) of section 121.091,

  3  Florida Statutes, are amended to read:

  4         121.091  Benefits payable under the system.--Benefits

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

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

  7  begun participation in the Deferred Retirement Option Program

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

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

10  department may cancel an application for retirement benefits

11  when the member or beneficiary fails to timely provide the

12  information and documents required by this chapter and the

13  department's rules. The department shall adopt rules

14  establishing procedures for application for retirement

15  benefits and for the cancellation of such application when the

16  required information or documents are not received.

17         (1)  NORMAL RETIREMENT BENEFIT.--Upon attaining his or

18  her normal retirement date, the member, upon application to

19  the administrator, shall receive a monthly benefit which shall

20  begin to accrue on the first day of the month of retirement

21  and be payable on the last day of that month and each month

22  thereafter during his or her lifetime. The normal retirement

23  benefit, including any past or additional retirement credit,

24  may not exceed 100 percent of the average final compensation.

25  The amount of monthly benefit shall be calculated as the

26  product of A and B, subject to the adjustment of C, if

27  applicable, as set forth below:

28         (a)1.  For creditable years of Regular Class service, A

29  is 1.60 percent of the member's average final compensation, up

30  to the member's normal retirement date. Upon completion of the

31  first year after the normal retirement date, A is 1.63 percent

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  1  of the member's average final compensation.  Following the

  2  second year after the normal retirement date, A is 1.65

  3  percent of the member's average final compensation. Following

  4  the third year after the normal retirement date, and for

  5  subsequent years, A is 1.68 percent of the member's average

  6  final compensation.

  7         2.  For creditable years of special risk service, A is:

  8         a.  A is 2.00 Two percent of the member's average final

  9  compensation for all creditable years prior to October 1,

10  1974;

11         b.  A is 3.00 Three percent of the member's average

12  final compensation for all creditable years after September

13  30, 1974, and before October 1, 1978;

14         c.  A is 2.00 Two percent of the member's average final

15  compensation for all creditable years after September 30,

16  1978, and before January 1, 1989;

17         d.  A is 2.20 Two and two-tenths percent of the

18  member's final monthly compensation for all creditable years

19  after December 31, 1988, and before January 1, 1990;

20         e.  A is 2.40 Two and four-tenths percent of the

21  member's average final compensation for all creditable years

22  after December 31, 1989, and before January 1, 1991;

23         f.  A is 2.60 Two and six-tenths percent of the

24  member's average final compensation for all creditable years

25  after December 31, 1990, and before January 1, 1992;

26         g.  A is 2.80 Two and eight-tenths percent of the

27  member's average final compensation for all creditable years

28  after December 31, 1991, and before January 1, 1993; and

29         h.  A is 3.00 Three percent of the member's average

30  final compensation for all creditable years after December 31,

31  1992;

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  1         i.  A is 3.00 percent of the member's average final

  2  compensation for all creditable years of service after

  3  September 30, 1978, and before January 1, 1993, for any

  4  special risk member who retires after July 1, 2000;

  5         3.  For creditable years of Senior Management Service

  6  Class service after January 31, 1987, A is 2 percent;

  7         4.  For creditable years of Elected Officers' Class

  8  service as a Supreme Court Justice, district court of appeal

  9  judge, circuit judge, or county court judge, A is 3 1/3

10  percent of the member's average final compensation, and for

11  all other creditable service in such class, A is 3.00 3

12  percent of average final compensation;

13         (4)  DISABILITY RETIREMENT BENEFIT.--

14         (a)  Disability retirement; entitlement and effective

15  date.--

16         1.  A member who becomes totally and permanently

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

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

19  and permanently disabled in the line of duty regardless of

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

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

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

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

24  completed 10 years of creditable service prior to becoming

25  totally and permanently disabled in order to receive

26  disability retirement benefits for any disability which occurs

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

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

29  as of that date, becomes totally and permanently disabled

30  after completing 5 years of creditable service and is found

31  not to have attained fully insured status for benefits under

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

  2  to a monthly disability benefit.

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

  4  required documentation of the member's termination of

  5  employment, the effective retirement date for a member who

  6  applies and is approved for disability retirement shall be

  7  established by rule of the division.

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

  9  payments, the effective disability retirement date may not

10  precede the date the member reaches Maximum Medical

11  Improvement (MMI), unless the member terminates employment

12  prior to reaching MMI.

13         (h)  Recovery from disability.--The administrator may

14  require periodic reexaminations at the expense of the

15  retirement fund. The division may adopt rules establishing

16  procedures for conducting and review of such reexaminations.

17         1.  If the administrator finds that a member who is

18  receiving disability benefits is, at any time prior to his or

19  her normal retirement date, no longer disabled, the

20  administrator shall direct that the benefits be discontinued.

21  The decision of the administrator on this question shall be

22  final and binding. If such member:

23         a.  Does not reenter the employ of an employer and was

24  not vested as of the disability retirement date, he or she

25  shall be entitled to a refund of the excess, if any, of his or

26  her accumulated contributions over the total disability

27  benefits received up to the date of recovery.

28         b.  Does not reenter the employ of an employer, but was

29  vested as of the disability retirement date, he or she may

30  elect to receive:

31

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  1         (I)  A refund of the excess, if any, of his or her

  2  accumulated contributions over the total disability benefits

  3  received up to the date of recovery; or

  4         (II)  A deferred benefit commencing on the last day of

  5  the month of the normal retirement date which shall be payable

  6  on the last day of the month thereafter during his or her

  7  lifetime.  The amount of such monthly benefit shall be

  8  computed in the same manner as for a normal retirement

  9  benefit, in accordance with subsection (1), but shall be based

10  on average monthly compensation and creditable service as of

11  the member's disability retirement date.

12         c.  Reenters employment of an employer within 6 months

13  after recovery, the member's service will be deemed to have

14  been continuous, but the period beginning with the first month

15  for which he or she received a disability benefit payment and

16  ending with the date he or she reentered employment will not

17  be considered as creditable service for the purpose of

18  computing benefits except as provided in sub-subparagraph d.

19  As used in this section, the term "accumulated contributions"

20  for such member means the excess of the member's accumulated

21  contributions as of the disability retirement date over the

22  total disability benefits received under paragraph (e).

23         d.  Terminates his or her disability benefit, reenters

24  covered employment, and is continuously employed for a minimum

25  of 1 year of creditable service, he or she may claim as

26  creditable service the months during which he or she was

27  receiving a disability benefit, upon payment of the required

28  contributions.  Contributions shall equal the total required

29  employee and employer contribution rate applicable during the

30  period the retiree received retirement benefits, multiplied

31  times his or her rate of monthly compensation prior to the

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  1  commencement of disability retirement for each month of the

  2  period claimed, plus 4 percent interest until July 1, 1975,

  3  and 6.5 percent interest thereafter, compounded annually each

  4  June 30 to the date of payment. If the member does not claim

  5  credit for all of the months he or she received disability

  6  benefits, the months claimed must be the most recent months of

  7  retirement. Such credit for periods of disability, when

  8  purchased under the Florida Retirement System, shall apply

  9  toward vesting requirements for eligibility to purchase

10  additional credit for other service.

11         2.  Both the member receiving disability benefits who

12  reenters employment and the employer employing such disability

13  retiree shall notify the division immediately upon

14  reemployment, and the division shall terminate such member's

15  disability benefits, effective the first day of the month

16  following the month in which notification of recovery is

17  received. If the member is reemployed with a Florida

18  Retirement System employer at the time of benefit termination,

19  and he or she has received disability retirement benefit and

20  salary payments concurrently prior to notifying the division,

21  he or she may elect within 30 days to:

22         a.  Retain the retirement benefits received prior to

23  termination of disability benefits and begin receiving

24  retirement service credit effective upon the date of

25  termination of benefits; or

26         b.  Repay, within 12 months after his or her decision

27  to receive service credit, the retirement benefits received

28  for each month of reemployment prior to termination of

29  disability benefits and begin receiving retirement service

30  credit effective upon the date of reemployment. Any such

31

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  1  unpaid benefits shall have compound interest of 6.5 percent

  2  added June 30.

  3

  4  A member may not receive both retirement service credit for

  5  employment and retirement benefits for the same month.

  6         3.  If, after recovery of disability and reentry into

  7  covered employment, the member again becomes disabled and is

  8  again approved for disability retirement, the Option 1 monthly

  9  retirement benefit shall not be less than the Option 1 monthly

10  benefit calculated at the time of the previous disability,

11  plus any cost of living increases up to the time the

12  disability benefit was terminated upon his or her reentry into

13  covered employment.

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

15  of Supreme Court.--

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

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

18  of a county court who has served for 5 10 years or more as an

19  elected constitutional judicial officer, including service as

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

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

22  by order of the Supreme Court upon recommendation of the

23  Judicial Qualifications Commission pursuant to the provisions

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

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

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

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

28  alternatively elect to receive a disability retirement benefit

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

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

31  Florida Retirement System be retired for disability by order

                                  21

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  1  of the Supreme Court upon recommendation of the Judicial

  2  Qualifications Commission pursuant to the provisions of Art. V

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

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

  5  the employer shall be transferred to and deposited in the

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

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

  8  paid into the Florida Retirement System Fund, an amount

  9  necessary to pay the benefits of all justices and judges

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

11  of the State Constitution.

12         Section 8.  Paragraph (b) of subsection (1) of section

13  121.1115, Florida Statutes, is amended to read:

14         121.1115  Purchase of retirement credit for

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

16  a member of the Florida Retirement System may purchase

17  creditable service for periods of public employment in another

18  state and receive creditable service for such periods of

19  employment. Service with the Federal Government, including any

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

21  of service earned under the Florida Retirement System, a

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

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

24  provisions:

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

26  the out-of-state service:

27         (b)  The member must have completed a minimum of 5 10

28  years of creditable service under the Florida Retirement

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

30  claimed and purchased under s. 121.1122.

31

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  1         Section 9.  Paragraph (a) of subsection (2) of section

  2  121.1122, Florida Statutes, is amended to read:

  3         121.1122  Purchase of retirement credit for in-state

  4  public service and in-state service in accredited nonpublic

  5  schools and colleges, including charter schools and charter

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

  7  of the Florida Retirement System may purchase creditable

  8  service for periods of certain public or nonpublic employment

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

10         (2)  LIMITATIONS AND CONDITIONS.--

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

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

13  completed 5 10 years of creditable service under the Florida

14  Retirement System, excluding service purchased under this

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

16  s. 121.1115.

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

18  121.121, Florida Statutes, is amended to read:

19         121.121  Authorized leaves of absence.--

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

21  2 work years of authorized leaves of absence if:

22         (a)  The member has completed a minimum of 5 10 years

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

24  absence was authorized;

25         Section 11.  Effective July 1, 2000, in order to fund

26  the normal cost for changes in vesting requirements and the

27  computation of average final compensation under the Florida

28  Retirement System, as provided in this act:

29         (1)  The contribution rates that apply to the Regular

30  Class of the Florida Retirement System shall be increased by

31  1.04 percentage points;

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  1         (2)  The contribution rates that apply to the Special

  2  Risk Class of the Florida Retirement System shall be increased

  3  by 1.98 percentage points;

  4         (3)  The contribution rates that apply to the Special

  5  Risk Administrative Support Class of the Florida Retirement

  6  System shall be increased by 1.01 percentage points;

  7         (4)  The contribution rates that apply to the Judicial

  8  sub-class of the Elected Officers' Class of the Florida

  9  Retirement System shall be increased by 1.58 percentage

10  points;

11         (5)  The contribution rates that apply to the

12  legislative-attorney-Cabinet sub-class of the Elected

13  Officers' Class of the Florida Retirement System shall be

14  increased by 1.63 percentage points;

15         (6)  The contribution rates that apply to the County

16  Officers' sub-class of the Elected Officers' Class of the

17  Florida Retirement System shall be increased by 1.31

18  percentage points; and

19         (7)  The contribution rates that apply to the Senior

20  Management Service Class of the Florida Retirement System

21  shall be increased by 0.96 percentage points.

22

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

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

25  effect on that date.  The Division of Statutory Revision is

26  directed to adjust the contribution rates set forth in

27  sections 121.052, 121.055, and 121.071, Florida Statutes.

28         Section 12.  It is the intent of the Legislature that

29  the net unfunded actuarial past-service liability attributable

30  to the upgrading of special risk service between October 1,

31  1978, and January 1, 1993, and to changes in the vesting

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  1  requirements and the computation of average final compensation

  2  under the Florida Retirement System, as provided in this act,

  3  shall be funded by a one-time lump sum payment from the excess

  4  actuarial assets of the Florida Retirement System Trust Fund.

  5         Section 13.  Effective July 1, 2000, and each year

  6  thereafter, the Department of Management Services and the

  7  consulting actuaries for the Florida Retirement System are

  8  directed to annually recognize and determine the amount of any

  9  excess actuarial assets that may exist in the Florida

10  Retirement System Trust Fund. Where such excess assets exist,

11  the actuaries shall calculate, as a percent of payroll, the

12  reduction that could be made in the retirement contribution

13  rate for each class and subclass in the Florida Retirement

14  System by applying 10 percent of the excess assets toward the

15  normal cost funding requirements for the system and shall

16  certify such reduced rates to the Department of Management

17  Services for recommendation to the Executive Office of the

18  Governor and the Legislature. If excess actuarial assets are

19  unavailable in any year for rate reduction as described in

20  this section, the consulting actuaries for the Florida

21  Retirement System shall certify to the Department of

22  Management Services the payroll contribution rate required for

23  each class and subclass of the Florida Retirement System in

24  order to effect and maintain funding for the Florida

25  Retirement System on a sound actuarial basis in compliance

26  with Section 14 of Article X of the State Constitution and

27  part VII of chapter 112, Florida Statutes.

28         Section 14.  To implement the provisions of section 13

29  for fiscal year 2000-2001, effective July 1, 2000:

30

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  1         (1)  The contribution rates that apply to the Regular

  2  Class of the Florida Retirement System shall be reduced by

  3  3.37 percentage points.

  4         (2)  The contribution rates that apply to the Special

  5  Risk Class of the Florida Retirement System shall be reduced

  6  by 3.64 percentage points.

  7         (3)  The contribution rates that apply to the Special

  8  Risk Administrative Support Class of the Florida Retirement

  9  System shall be reduced by 4.39 percentage points.

10         (4)  The contribution rates that apply to the Judicial

11  sub-class of the Elected Officers' Class of the Florida

12  Retirement System shall be reduced by 7.32 percentage points.

13         (5)  The contribution rates that apply to the

14  legislative-attorney-Cabinet subclass of the Elected Officers'

15  Class of the Florida Retirement System shall be reduced by

16  5.19 percentage points.

17         (6)  The contribution rates that apply to the County

18  Officers' sub-class of the Elected Officers' Class of the

19  Florida Retirement System shall be reduced by 6.03 percentage

20  points.

21         (7)  The contribution rates that apply to the Senior

22  Management Service Class of the Florida Retirement System

23  shall be reduced by 4.15 percentage points.

24

25  These changes shall be in addition to all other changes to

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

27  effect on that date. The Division of Statutory Revision is

28  directed to adjust the contribution rates set forth in

29  sections 121.052, 121.055, and 121.071, Florida Statutes.

30         Section 15.  Paragraph (a) of subsection (3) of section

31  121.031, Florida Statutes, is amended to read:

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  1         121.031  Administration of system; appropriation;

  2  oaths; actuarial studies; public records.--

  3         (3)  The administrator shall cause an actuarial study

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

  5  report the results of such study to the Legislature by

  6  February 1 prior to the next legislative session.

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

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

  9  additions:

10         1.  The valuation of plan assets shall be based on a

11  5-year averaging methodology such as that specified in the

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

13  1.412(c)(2)-1, or a similar accepted approach designed to

14  attenuate fluctuations in asset values.

15         2.  The study shall include a narrative explaining the

16  changes in the covered group over the period between actuarial

17  valuations and the impact of those changes on actuarial

18  results.

19         3.  When substantial changes in actuarial assumptions

20  have been made, the study shall reflect the results of an

21  actuarial assumption as of the current date based on the

22  assumptions utilized in the prior actuarial report.

23         4.  The study shall include an analysis of the changes

24  in actuarial valuation results by the factors generating those

25  changes.  Such analysis shall reconcile the current actuarial

26  valuation results with those results from the prior valuation.

27         5.  The study shall include measures of funding status

28  and funding progress designed to facilitate the assessment of

29  trends over several actuarial valuations with respect to the

30  overall solvency of the system. Such measures shall be adopted

31

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  1  by the division and shall be used consistently in all

  2  actuarial valuations performed on the system.

  3         6.  The actuarial model used to determine contribution

  4  rates for the purposes of the regular actuarial valuation

  5  report shall provide a recommendation on the development of a

  6  specific rate-stabilization mechanism. This mechanism shall,

  7  as a minimum, define what amounts in excess of full funding

  8  shall be held in reserve to offset future unfunded

  9  liabilities, thereby minimizing the risk of future increases

10  in contribution rates due to adverse experience, and shall

11  define how any excess above those amounts is to be recognized

12  to reduce retirement system contributions. It is the

13  legislative intent that this mechanism should be developed by

14  pension system finance professionals, taking into account

15  possible volatility in investment returns and the uncertainty

16  over actual growth in plan liabilities. At the same time, the

17  mechanism should not allow an unnecessarily large surplus to

18  accumulate. It is further the intent that, once adopted by the

19  Legislature, the mechanism shall not be altered in response to

20  short-term budget exigencies.

21         Section 16.  The Legislature finds that a proper and

22  legitimate state purpose is served when employees and retirees

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

24  dependents, survivors, and beneficiaries of such employees and

25  retirees, are extended the basic protections afforded by

26  governmental retirement systems that provide fair and adequate

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

28  actuarially sound manner, as required by section 14, Article X

29  of the State Constitution and part VII of chapter 112 of the

30  Florida Statutes.  Therefore, the Legislature hereby

31

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  1  determines and declares that the provisions of this act

  2  fulfill an important state interest.

  3         Section 17.  Except as otherwise provided in this act,

  4  this act shall take effect July 1, 2000.

  5

  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                         Senate Bill 1026

  8

  9  The Committee Substitute provides five-year pension benefit
    vesting for members of all classes and subclasses of the
10  Florida Retirement System (FRS). It also reduces the period of
    time used for the calculation of a final pension benefit from
11  the highest five years to the highest three years of service.

12  The CS places assistant state attorneys, assistant public
    defenders and assistant statewide prosecutors in the Senior
13  Management retirement class.

14  Pilots of fixed wing aircraft in the Department of Agriculture
    and Consumer Services are enrolled in the Special Risk
15  retirement class.

16  Active employee members with service in the Special Risk
    retirement class betweeen 1978 and 1993 have that service
17  repurchased at the current higher accrual rate.

18  The CS provides for the development of a retirement
    contribution rate stabilization mechanism through the State
19  Board of Administration and the Division of Retirement.

20  The bill recognizes ten percent of the accrued actuarial
    surplus in the FRS trust fund and uses that to provide revised
21  payroll contribution rates for FY 00-01.

22  The CS recognizes a single lump sum transfer from the accrued
    FRS surplus to pay for the Special Risk retirement class
23  upgrade for prior service at the lower accrual rates between
    1978 and 1993.
24

25

26

27

28

29

30

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