Senate Bill 1352c1

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    Florida Senate - 2000                           CS for SB 1352

    By the Committee on Governmental Oversight and Productivity





    302-2102F-00

  1                      A bill to be entitled

  2         An act relating to retirement; amending s.

  3         121.021, F.S.; redefining the terms "system,"

  4         "average final compensation," "normal

  5         retirement date," "System Trust Fund,"

  6         "vested," and "vesting" and defining the terms

  7         "actuarial surplus," "stabilization surplus,"

  8         and "available surplus" with respect to the

  9         Florida Retirement System; creating s. 121.36,

10         F.S.; directing the State Board of

11         Administration to establish an optional defined

12         contribution retirement program for members of

13         the Florida Retirement System; providing

14         definitions; providing for eligibility and

15         retirement service credit; providing for

16         participation and enrollment; providing for

17         contributions; providing vesting requirements;

18         providing benefits; providing for

19         administration; providing for investment

20         options or products; providing for performance

21         review; providing for an education component;

22         providing participant information requirements;

23         providing that advisory committees shall

24         provide advice and assistance; providing for

25         federal requirements; providing an investment

26         policy statement; providing a statement of

27         fiduciary standards and responsibilities;

28         providing for disability benefits; providing

29         for social security and health insurance

30         subsidy coverage; creating s. 121.571, F.S.;

31         providing for contributions; providing a

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    Florida Senate - 2000                           CS for SB 1352
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  1         statement of state purpose; providing future

  2         effect for certain provisions; amending s.

  3         121.055, F.S.; increasing the number of

  4         personnel that may be designated as Senior

  5         Management Class by local governments; allowing

  6         senior management optional annuity program

  7         benefits to be distributed through a direct

  8         rollover; amending s. 112.363, F.S.; revising

  9         guidelines for determining eligibility for

10         retiree health insurance subsidies; amending

11         ss. 121.0515, 121.052, 121.053, 121.081,

12         121.091, 121.1115, 121.1122, 121.031, 121.121,

13         F.S.; prescribing the method for calculating

14         average final compensation; providing that

15         members employed in a regularly established

16         position shall be vested after 6 years of

17         creditable service; providing that any

18         terminated, inactive member must be actively

19         employed in a covered position for 1 calendar

20         year or more on or after the act's effective

21         date to achieve vested status with 6 years of

22         service; providing for employer contribution

23         rate increases to each membership class; adding

24         to the Special Risk Class of membership certain

25         aerial firefighting surveillance positions;

26         upgrading service credit for certain years for

27         special risk members; providing for funding of

28         changes to the definition of average final

29         compensation from the assets of the Florida

30         Retirement System Trust Fund in an amount and

31         manner sufficient to maintain actuarial

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    Florida Senate - 2000                           CS for SB 1352
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  1         soundness; providing for employer contribution

  2         rate decreases to each membership class;

  3         providing for the development of a rate

  4         stabilization mechanism; providing for funding

  5         of the 1999 actuarial experience study from

  6         excess assets of the Florida Retirement System

  7         Trust Fund; providing for assignment and use of

  8         surplus; adding assistant state attorneys,

  9         assistant statewide prosecutors, and assistant

10         public defenders to the Senior Management

11         Service Class of the system; providing an

12         appropriation; providing effective dates.

13

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

15

16         Section 1.  Subsections (3), (24), (29), (36), and (45)

17  of section 121.021, Florida Statutes, are amended, and

18  subsections (55), (56), and (57) are added to that section, to

19  read:

20         121.021  Definitions.--The following words and phrases

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

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

23         (3)  "System" means the general retirement system

24  established by this chapter to be known and cited as the

25  "Florida Retirement System," including, but not limited to,

26  the defined benefit retirement program and the defined

27  contribution retirement program known as the Public Employee

28  Optional Retirement Program.

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

30  the 3 5 highest fiscal years of compensation for creditable

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

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    Florida Senate - 2000                           CS for SB 1352
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  1  in-line-of-duty disability benefits, if less than 3 5 years of

  2  creditable service have been completed, the term "average

  3  final compensation" means the average annual compensation of

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

  5  used in the calculation of average final compensation shall

  6  commence on July 1.

  7         (a)  The average final compensation shall include:

  8         1.  Accumulated annual leave payments, not to exceed

  9  500 hours; and

10         2.  All payments defined as compensation in subsection

11  (22).

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

13         1.  Compensation paid to professional persons for

14  special or particular services;

15         2.  Payments for accumulated sick leave made due to

16  retirement or termination;

17         3.  Payments for accumulated annual leave in excess of

18  500 hours;

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

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

21  1990; or

22         6.  Fringe benefits (for example, automobile allowances

23  or housing allowances).

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

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

26  following statuses:

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

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

29  and attains age 62; or

30         2.  Completes 30 years of creditable service,

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

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    Florida Senate - 2000                           CS for SB 1352
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  1  military service credit as long as such credit is not claimed

  2  under any other system.

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

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

  5  in the Special Risk Class and attains age 55;

  6         2.  Completes 25 years of creditable service in the

  7  Special Risk Class, regardless of age; or

  8         3.  Completes 25 years of creditable service and

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

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

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

12  the Special Risk Class.

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

14  member:

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

16  Senior Management Service Class and attains age 62; or

17         2.  Completes 30 years of any 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         (d)  If an Elected Officers' Class member, the member:

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

23  Elected Officers' Class and attains age 62; or

24         2.  Completes 30 years of any creditable service,

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

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

27  under any other system.

28

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

30  date."

31

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    Florida Senate - 2000                           CS for SB 1352
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  1         (36)  "System Trust Fund" means the trust fund

  2  established in the State Treasury by this chapter for the

  3  purpose of holding and investing the contributions paid by

  4  members and employers and paying the benefits to which members

  5  or their beneficiaries may become entitled.  Other trust funds

  6  may be established in the State Treasury to administer the

  7  "System Trust Fund." The "System Trust Fund" shall include a

  8  stabilization reserve to hold in reserve a specific portion of

  9  any actuarial surplus to be used for the sole and exclusive

10  purpose of providing for future unfunded liabilities caused by

11  adverse experience, thereby minimizing the risk of future

12  increases in contribution rates.

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

14  a member is eligible to receive a future retirement benefit

15  upon completion of the required years of creditable service

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

17  may have terminated covered employment before reaching normal

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

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

20  an injury or disease that occurs after termination of covered

21  employment.

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

23  requirement shall be implemented for the Florida Retirement

24  System.  Pursuant thereto:

25         1.  Any member employed in a regularly established

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

27  total of 5 years of creditable service will be considered

28  vested as described in paragraph (a).

29         2.  Any member not employed in a regularly established

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

31  completion of 5 years of creditable service, provided that

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    Florida Senate - 2000                           CS for SB 1352
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  1  such member is employed in a covered position for at least 1

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

  3  required to complete more years of creditable service than

  4  would have been required for that member to vest under

  5  retirement laws in effect before July 1, 2000.

  6         (55)  "Actuarial surplus" means, for any actuarial

  7  valuation date, the excess of the actuarial value of assets of

  8  the Florida Retirement System Trust Fund over the actuarial

  9  (past service) liabilities of the Florida Retirement System.

10         (56)  "Stabilization surplus" means that portion of the

11  actuarial surplus assigned to the stabilization reserve.

12         (57)  "Available surplus" means that portion of the

13  actuarial surplus that is not assigned to the stabilization

14  reserve.

15         Section 2.  Section 121.36, Florida Statutes, is

16  created to read:

17         121.36  Public Employee Optional Retirement Program.--

18         (1)  The Trustees of the State Board of Administration

19  shall establish an optional defined contribution retirement

20  program for members of the Florida Retirement System under

21  which retirement benefits will be provided for eligible

22  employees who elect to participate in the program. The

23  benefits to be provided for or on behalf of participants in

24  such optional retirement program shall be provided through

25  employee-directed investments, in accordance with s. 401(a) of

26  the Internal Revenue Code and its related regulations. The

27  employers shall contribute, as provided in this section and s.

28  121.571, toward the funding of such optional benefits.

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

30         (a)  "Approved provider" or "provider" means a

31  private-sector company that is selected and approved by the

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    Florida Senate - 2000                           CS for SB 1352
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  1  state board to offer one or more investment products or

  2  services to the Public Employee Optional Retirement Program.

  3  Private-sector companies include nonprofit investment

  4  management companies, insurance companies, depositories,

  5  financial services, and mutual fund companies.

  6         (b)  "De minimis account" refers to an account

  7  containing total vested account contributions and accumulated

  8  earnings under the Public Employee Optional Retirement Program

  9  of not more than $5,000.

10         (c)  "Department" means the Department of Management

11  Services.

12         (d)  "Division" means the Division of Retirement within

13  the Department of Management Services.

14         (e)  "Education-related employer" means any district

15  school board that participates in the Florida Retirement

16  System for the benefit of certain employees or a charter

17  school or charter technical career center that participates in

18  the Florida Retirement System as provided in s. 121.051(2)(d).

19         (f)  "Eligible employee" means an officer or employee,

20  as defined in s. 121.021(11), who:

21         1.  Is a member of, or is eligible for membership in,

22  the Florida Retirement System;

23         2.  Participates in, or is eligible to participate in,

24  the Senior Management Service Optional Annuity Program as

25  established under s. 121.055(6); or

26         3.  Is eligible to participate in, but does not

27  participate in, the State University System Optional

28  Retirement Program established under s. 121.35 or the State

29  Community College System Optional Retirement Program

30  established under s. 121.051(2)(c).

31

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    Florida Senate - 2000                           CS for SB 1352
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  1  The term does not include any renewed member of the Florida

  2  Retirement System, any member participating in the Deferred

  3  Retirement Option Program established under s. 121.091(13), or

  4  any employee participating in an optional retirement program

  5  established under s. 121.35 or s. 121.051(2)(c).

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

  7  121.021(10), of an eligible employee.

  8         (h)  "Local employer" means any county agency, branch,

  9  department, or board, or special district of the state, or any

10  municipality of the state, which participates in the Florida

11  Retirement System for the benefit of certain employees.

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

13  elects to participate in the Public Employee Optional

14  Retirement Program and enrolls in such optional program as

15  provided in subsection (4).

16         (j)  "Public Employee Optional Retirement Program,"

17  "optional program," or "optional retirement program" means the

18  alternative defined contribution retirement program

19  established under this section.

20         (k)  "State board" or "board" means the State Board of

21  Administration.

22         (l)  "State employer" means any agency, branch,

23  department, institution, community college, university,

24  institution of higher education, water management district, or

25  board of the state which participates in the Florida

26  Retirement System for the benefit of certain employees.

27         (m)  "Third party administrator" means a private-sector

28  company that is selected and approved by the state board to

29  perform the recordkeeping, participant-account management, and

30  payroll facilitation for the Public Employee Optional

31  Retirement Program.

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    Florida Senate - 2000                           CS for SB 1352
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  1         (n)  "Vested" or "vesting" means the guarantee that a

  2  participant is eligible to receive a full retirement benefit

  3  upon completion of the required years of service under the

  4  Public Employee Optional Retirement Program.

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

  6         (a)  Participation in the Public Employee Optional

  7  Retirement Program is limited to eligible employees.

  8  Participation in the optional retirement program is in lieu of

  9  participation in the defined benefit program of the Florida

10  Retirement System. A participant shall receive contributions

11  into the participant's account based on the participant's

12  class of membership.

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

14  defined benefit retirement program of the Florida Retirement

15  System at the time of his or her election to participate in

16  the Public Employee Optional Retirement Program shall retain

17  all retirement service credit earned under the defined benefit

18  retirement program of the Florida Retirement System at the

19  rate earned. However, election to participate in the Public

20  Employee Optional Retirement Program terminates the active

21  membership of the employee in the defined benefit program of

22  the Florida Retirement System, and the service of a

23  participant in the Public Employee Optional Retirement Program

24  shall not be creditable under the defined benefit retirement

25  program of the Florida Retirement System for purposes of

26  benefit accrual but shall be credited for purposes of vesting.

27         (c)1.  Notwithstanding paragraph (b), each eligible

28  employee who elects to participate in the Public Employee

29  Optional Retirement Program and establishes one or more

30  individual participant accounts under the optional program may

31  elect to transfer to the optional program a sum representing

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  1  the present value of the employee's accrued service benefit

  2  under the defined benefit retirement program of the Florida

  3  Retirement System. Upon such transfer, all service credit

  4  previously earned under the defined benefit program of the

  5  Florida Retirement System shall be nullified for purposes of

  6  entitlement to a future benefit under the defined benefit

  7  program of the Florida Retirement System. A participant is

  8  precluded from transferring the accrued service balance from

  9  the defined benefit program upon the expiration of the period

10  afforded to enroll in the optional program.

11         2.  For purposes of this subsection, the present value

12  of the member's accrued service benefit obligation is based

13  upon the member's estimated creditable service and estimated

14  final average compensation as of 12 midnight of the day prior

15  to the opening of the election window for the employee. The

16  actuarial present value of the employee's accrued service

17  benefit shall be based on the following:

18         a.  The discount rate and other actuarial assumptions

19  used to value the Florida Retirement System Trust Fund at the

20  time the amount to be transferred is determined, consistent

21  with the factors provided in sub-subparagraphs b.-d.

22         b.  A 50-percent male and 50-percent female

23  gender-neutral blend of the mortality tables used to project

24  retirement longevity in the most recent actuarial valuation

25  report.

26         c.  A benefit commencement age, based on the member's

27  estimated creditable service as of 12 midnight on May 31,

28  2002. The benefit commencement age shall be the younger of the

29  following, but shall not be younger than the member's age as

30  of 12 midnight on May 31, 2002:

31         (I)  Age 62; or

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  1         (II)  The age the member would attain if the member

  2  completed 30 years of service with an employer, assuming the

  3  member worked continuously from May 31, 2002, and disregarding

  4  any vesting requirement that would otherwise apply under the

  5  defined benefit program of the Florida Retirement System.

  6         d.  For members of the Special Risk Class, the benefit

  7  commencement age shall be the younger of the following, but

  8  shall not be younger than the member's age as of 12 midnight

  9  on May 31, 2002:

10         (I)  Age 55; or

11         (II)  The age the member would attain if the member

12  completed 25 years of service with an employer, assuming the

13  member worked continuously from May 31, 2002, and disregarding

14  any vesting requirement that would otherwise apply under the

15  defined benefit program of the Florida Retirement System.

16         e.  No reduction shall be taken due to failure to meet

17  vesting requirements under the defined benefit program.

18         3.  For each participant who elects to transfer moneys

19  from the defined benefit program to his or her account in the

20  optional program, the division shall recompute the amount

21  transferred under subparagraph 2. not later than 60 days after

22  the actual transfer of funds based upon the participant's

23  actual creditable service and actual final average

24  compensation as of the initial date of participation in the

25  optional program. If the recomputed amount differs from the

26  amount transferred under subparagraph 2. by $10 or more, the

27  division shall:

28         a.  Transfer, or cause to be transferred, from the

29  Florida Retirement System Trust Fund to the participant's

30  account in the optional program the excess, if any, of the

31  recomputed amount over the previously transferred amount

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    Florida Senate - 2000                           CS for SB 1352
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  1  together with interest from the initial date of transfer to

  2  the date of transfer under this subparagraph, based upon 8

  3  percent effective annual interest, compounded annually.

  4         b.  Transfer, or cause to be transferred, from the

  5  participant's account to the Florida Retirement System Trust

  6  Fund the excess, if any, of the previously transferred amount

  7  over the recomputed amount, together with interest from the

  8  initial date of transfer to the date of transfer under this

  9  subparagraph, based upon 8 percent effective annual interest,

10  compounded annually.

11         4.  As directed by the participant, the board shall

12  transfer or cause to be transferred the appropriate amounts to

13  the designated accounts. The board shall establish transfer

14  procedures by rule, but the actual transfer shall not be later

15  than 30 days after the effective date of the member's

16  participation in the optional program begins. Transfers are

17  not commissionable and must be in the form of cash as

18  determined by the state board.

19         5.  If the board or the division receives notification

20  from the United States Internal Revenue Service that this

21  paragraph or any portion of this paragraph will cause the

22  retirement system, or a portion thereof, to be disqualified

23  for tax purposes under the Internal Revenue Code, then the

24  portion that will cause the disqualification does not apply.

25  Upon such notice, the state board and the division shall

26  notify the presiding officers of the Legislature.

27         (4)  PARTICIPATION; ENROLLMENT.--

28         (a)1.  With respect to an eligible employee who is

29  employed in a regularly established position on June 1, 2002,

30  by a state employer:

31

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    Florida Senate - 2000                           CS for SB 1352
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  1         a.  Any such employee may elect to participate in the

  2  Public Employee Optional Retirement Program in lieu of

  3  retaining his or her membership in the defined benefit program

  4  of the Florida Retirement System. The election must be made in

  5  writing and must be filed with the department and the

  6  personnel officer of the employer within 180 days after June

  7  1, 2002, or, in the case of an active employee who is on a

  8  leave of absence on June 1, 2002, within 90 days after the

  9  conclusion of the leave of absence. Except as otherwise

10  provided in paragraph (f), this election is irrevocable. Upon

11  making such election, the employee shall be enrolled as a

12  participant of the Public Employee Optional Retirement

13  Program, and the employee's membership in the defined benefit

14  program of the Florida Retirement System shall terminate. The

15  employee's enrollment in the Public Employee Optional

16  Retirement Program shall be effective the first day of the

17  month for which a full month's employer contribution is made

18  to the optional program.

19         b.  Any such employee who fails to elect to participate

20  in the Public Employee Optional Retirement Program within the

21  prescribed 180 days is deemed to have elected to retain

22  membership in the defined benefit program of the Florida

23  Retirement System, and the employee's option to elect to

24  participate in the optional program is forfeited except as

25  provided in paragraph (f).

26         2.  With respect to employees who become eligible to

27  participate in the Public Employee Optional Retirement Program

28  by reason of employment in a regularly established position

29  commencing after June 1, 2002:

30         a.  Any such employee shall, by default, be enrolled in

31  the defined benefit retirement program of the Florida

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  1  Retirement System at the commencement of employment and may,

  2  within 180 days after employment commences, elect to

  3  participate in the Public Employee Optional Retirement

  4  Program. The employee's election must be made in writing and

  5  must be filed with the personnel officer of the employer. The

  6  election to participate in the optional program is

  7  irrevocable, except as provided in paragraph (f).

  8         b.  If the employee files such election before the

  9  initial payroll is submitted for the employee, enrollment in

10  the Public Employee Optional Retirement Program shall be

11  effective on the first day of employment.

12         c.  If the employee files such election within 180 days

13  after employment commences, but after the initial payroll is

14  submitted for the employee, enrollment in the optional program

15  shall be effective on the first day of the month for which a

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

17  program.

18         d.  Any such employee who fails to elect to participate

19  in the Public Employee Optional Retirement Program within the

20  prescribed 180 days is deemed to have elected to retain

21  membership in the defined benefit program of the Florida

22  Retirement System, and the employee's option to elect to

23  participate in the optional program is forfeited except as

24  provided in paragraph (f).

25         (b)1.  With respect to an eligible employee who is

26  employed in a regularly established position on September 1,

27  2002, by an education-related employer:

28         a.  Any such employee may elect to participate in the

29  Public Employee Optional Retirement Program in lieu of

30  retaining his or her membership in the defined benefit program

31  of the Florida Retirement System. The election must be made in

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  1  writing and must be filed with the department and the

  2  personnel officer of the employer within 180 days after

  3  September 1, 2002, or, in the case of an active employee who

  4  is on a leave of absence on September 1, 2002, within 180 days

  5  after the conclusion of the leave of absence. This election is

  6  irrevocable, except as provided in paragraph (f). Upon making

  7  such election, the employee shall be enrolled as a participant

  8  of the Public Employee Optional Retirement Program, and the

  9  employee's membership in the defined benefit program of the

10  Florida Retirement System shall terminate. The employee's

11  enrollment in the Public Employee Optional Retirement Program

12  shall be effective the first day of the month for which a full

13  month's employer contribution is made to the optional program.

14         b.  Any such employee who fails to elect to participate

15  in the Public Employee Optional Retirement Program within the

16  prescribed 180 days is deemed to have elected to retain

17  membership in the defined benefit program of the Florida

18  Retirement System, and the employee's option to elect to

19  participate in the optional program is forfeited except as

20  provided in paragraph (f).

21         2.  With respect to employees who become eligible to

22  participate in the Public Employee Optional Retirement Program

23  by reason of employment in a regularly established position

24  with an education-related employer commencing after September

25  1, 2002:

26         a.  Any such employee shall, by default, be enrolled in

27  the defined benefit retirement program of the Florida

28  Retirement System at the commencement of employment and may,

29  within 180 days after employment commences, elect to

30  participate in the Public Employee Optional Retirement

31  Program. The employee's election must be made in writing and

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  1  must be filed with the personnel officer of the employer. The

  2  election to participate in the optional program is

  3  irrevocable, except as provided in paragraph (f).

  4         b.  If the employee files such election before the

  5  initial payroll is submitted for the employee, enrollment in

  6  the Public Employee Optional Retirement Program shall be

  7  effective on the first day of employment.

  8         c.  If the employee files such election within 180 days

  9  after employment commences, but after the initial payroll is

10  submitted for the employee, enrollment in the optional program

11  shall be effective on the first day of the month for which a

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

13  program.

14         d.  Any such employee who fails to elect to participate

15  in the Public Employee Optional Retirement Program within the

16  prescribed 180 days is deemed to have elected to retain

17  membership in the defined benefit program of the Florida

18  Retirement System, and the employee's option to elect to

19  participate in the optional program is forfeited except as

20  provided in paragraph (f).

21         (c)1.  With respect to an eligible employee who is

22  employed in a regularly established position on December 1,

23  2002, by a local employer:

24         a.  Any such employee may elect to participate in the

25  Public Employee Optional Retirement Program in lieu of

26  retaining his or her membership in the defined benefit program

27  of the Florida Retirement System. The election must be made in

28  writing and must be filed with the department and the

29  personnel officer of the employer within 180 days after

30  December 1, 2002, or, in the case of an active employee who is

31  on a leave of absence on December 1, 2002, within 180 days

                                  17

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  1  after the conclusion of the leave of absence. This election is

  2  irrevocable, except as provided in paragraph (f). Upon making

  3  such election, the employee shall be enrolled as a participant

  4  of the Public Employee Optional Retirement Program, and the

  5  employee's membership in the defined benefit program of the

  6  Florida Retirement System shall terminate. The employee's

  7  enrollment in the Public Employee Optional Retirement Program

  8  shall be effective the first day of the month for which a full

  9  month's employer contribution is made to the optional program.

10         b.  Any such employee who fails to elect to participate

11  in the Public Employee Optional Retirement Program within the

12  prescribed 180 days is deemed to have elected to retain

13  membership in the defined benefit program of the Florida

14  Retirement System, and the employee's option to elect to

15  participate in the optional program is forfeited except as

16  provided in paragraph (f).

17         2.  With respect to employees who become eligible to

18  participate in the Public Employee Optional Retirement Program

19  by reason of employment in a regularly established position

20  with a local employer commencing after December 1, 2002:

21         a.  Any such employee shall, by default, be enrolled in

22  the defined benefit retirement program of the Florida

23  Retirement System at the commencement of employment and may,

24  within 180 days after employment commences, elect to

25  participate in the Public Employee Optional Retirement

26  Program. The employee's election must be made in writing and

27  must be filed with the personnel officer of the employer. The

28  election to participate in the optional program is

29  irrevocable, except as provided in paragraph (f).

30         b.  If the employee files such election before the

31  initial payroll is submitted for the employee, enrollment in

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  1  the Public Employee Optional Retirement Program shall be

  2  effective on the first day of employment.

  3         c.  If the employee files such election within 180 days

  4  after employment commences, but after the initial payroll is

  5  submitted for the employee, enrollment in the optional program

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

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

  8  program.

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

10  in the Public Employee Optional Retirement Program within the

11  prescribed 180 days is deemed to have elected to retain

12  membership in the defined benefit program of the Florida

13  Retirement System, and the employee's option to elect to

14  participate in the optional program is forfeited except as

15  provided in paragraph (f).

16         (d)  Contributions of participants who fail to make

17  asset allocation shall be deposited into the participant's

18  account and shall be invested in a diversified default

19  investment fund mix as determined by the board.

20         (e)  Except as provided in paragraph (f), the election

21  to participate in the Public Employee Optional Retirement

22  Program is irrevocable for as long as the employee holds a

23  position eligible for participation in the optional program

24  and otherwise continues to meet the requirements of this

25  section.

26         (f)  After the period during which an eligible employee

27  had the choice to elect the defined benefit program or the

28  Public Employee Optional Retirement Program, the employee

29  shall have an annual 30-day open enrollment opportunity, at

30  the employee's discretion, to choose to move from the defined

31  benefit program to the Public Employee Optional Retirement

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  1  Program or from the Public Employee Optional Retirement

  2  Program to the defined benefit program.

  3         1.  If the employee chooses to move to the Public

  4  Employee Optional Retirement Program, the applicable

  5  provisions of this section shall govern the transfer.

  6         2.  If the employee chooses to move to the defined

  7  benefit program, the employee must transfer from his or her

  8  Public Employee Optional Retirement Program account subject to

  9  the provisions of the contract, and from other employee moneys

10  as necessary, a sum representing all contributions that would

11  have been made to the defined benefit plan for that employee

12  and the actual return that would have been earned on those

13  contributions had they been invested in the defined benefit

14  program.

15         (5)  CONTRIBUTIONS.--

16         (a)  Each employer shall contribute on behalf of each

17  participant in the Public Employee Optional Retirement Program

18  10 percent of the employee's monthly compensation. The

19  employer shall forward to the third-party administrator the

20  required contributions for each participant of the optional

21  program, and the third-party administrator shall forward the

22  applicable contributions to the division and to the

23  participant's account, less an amount approved by the

24  Legislature to provide for the administration of the program.

25         (b)  Employers are responsible for notifying

26  participants regarding maximum contribution levels permitted

27  under the Internal Revenue Code. If a participant contributes

28  to any other tax-deferred plan, he or she is responsible for

29  ensuring that total contributions made to the optional program

30  and to any other such plan do not exceed federally permitted

31  maximums.

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

  2  or partially vested in the Regular Class Optional Retirement

  3  Program only upon execution of a contract with an approved

  4  provider. Subject thereto:

  5         (a)  With respect to participant contributions, plus

  6  interest and earnings thereon, participants are fully and

  7  immediately vested.

  8         (b)  With respect to employer contributions made on

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

10  credit toward vesting under the optional program shall be

11  gradually earned, as follows:

12         1.  A participant who completes 2 years of service

13  under the optional program shall be considered to be

14  20-percent vested and is entitled to receive an

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

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

17  and earnings thereon.

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

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

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

21  40 percent of the employer contributions made to the

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

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

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

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

26  60 percent of the employer contributions made to the

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

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

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

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

31

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  1  80 percent of the employer contributions made to the

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

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

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

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

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

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

  8  and earnings thereon.

  9         (7)  BENEFITS.--Under the Public Employee Optional

10  Retirement Program:

11         (a)  Benefits shall be provided in accordance with s.

12  401(a) of the Internal Revenue Code.

13         (b)  Benefits shall accrue in individual accounts or

14  contracts with designated approved providers which are

15  participant-directed, freely transferrable to a provider

16  subject to the provisions of the contract, and funded by

17  employer and participant contributions and earnings thereon.

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

19  following terms and conditions:

20         1.  To the extent vested, benefits shall be payable

21  only to a participant, or to his or her beneficiaries as

22  designated by the participant.

23         2.  Benefits shall be paid by the board or designated

24  approved providers in accordance with the law, the contracts,

25  and board rules.

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

27  the participant must be terminated from all employment with

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

29  121.021(39). If a participant elects to receive his or her

30  employer-funded benefits upon termination of employment, the

31  participant must submit either an electronic or written

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  1  application to the third-party administrator indicating his or

  2  her preferred distribution date and selecting an authorized

  3  method of distribution as provided in paragraph (d). The

  4  participant may defer receipt of employer-funded benefits

  5  until he or she chooses to make such application, subject to

  6  federal requirements.

  7         4.  In the event of a participant's death, moneys

  8  accumulated by, or on behalf of, the participant, less

  9  withholding taxes remitted to the Internal Revenue Service,

10  shall be distributed to the participant's designated

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

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

13  provided in paragraph (e). No other death benefits shall be

14  available for survivors of participants under the Public

15  Employee Optional Retirement Program, except for such

16  benefits, or coverage for such benefits, as are separately

17  afforded by the employer, in the employer's discretion.

18         (d)  Upon receipt by the department of a properly

19  executed application for distribution of benefits, the total

20  accumulated employer-funded benefit shall be payable to the

21  participant, as:

22         1.  A lump-sum distribution to the participant;

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

24  less, in accordance with rules adopted by the board;

25         3.  A lump-sum direct rollover distribution whereby all

26  accrued benefits, plus interest and investment earnings, are

27  paid from the participant's account directly to the custodian

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

29  of the Internal Revenue Code, on behalf of the participant;

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; or

  9         5.  Periodic distributions or installments, as

10  authorized by the state board.

11         (e)  Survivor benefits shall be payable as:

12         1.  A lump-sum distribution payable to the

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

14         2.  An eligible rollover distribution on behalf of the

15  surviving spouse of a deceased participant, whereby all

16  accrued benefits, plus interest and investment earnings, are

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

18  custodian of an individual retirement account or an individual

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

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

21         3.  A partial lump-sum payment whereby a portion of the

22  accrued benefit is paid to the deceased participant's

23  surviving spouse or other designated beneficiaries, less

24  withholding taxes remitted to the Internal Revenue Service,

25  and the remaining amount is transferred directly to the

26  custodian of an individual retirement account or an individual

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

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

29  proportions must be specified by the participant or the

30  surviving spouse.

31

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  1  This paragraph does not abrogate other applicable provisions

  2  of state or federal law providing for payment of death

  3  benefits.

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

  5  Public Employee Optional Retirement Program, and any

  6  contributions accumulated under such program, are not subject

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

  8  except for qualified domestic relations orders by a court of

  9  competent jurisdiction, income deduction orders as provided in

10  s. 61.1301, and federal income tax levies.

11         (8)  ADMINISTRATION OF PROGRAM.--

12         (a)  The Public Employee Optional Retirement Program

13  shall be administered by the state board, the department, and

14  affected employers. The board shall adopt rules establishing

15  the role and responsibilities of affected state, local

16  government, and education-related employers, the state board,

17  the department, and third-party contractors in administering

18  the Public Employee Optional Retirement Program. The

19  department shall adopt rules necessary to implement the

20  optional program in coordination with the defined benefit

21  retirement program.

22         (b)1.  The state board shall select and contract with

23  one third-party administrator to provide administrative

24  services and educational services. With the approval of the

25  state board, the third-party administrator may subcontract

26  with other organizations to provide components of the

27  administrative services and educational services. As a cost of

28  administration, the board may compensate any such contractor

29  for its services, in accordance with the terms of the

30  contract, as is deemed necessary or proper by the board.

31

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  1         2.  Administrative services include, but are not

  2  limited to, services relating to consolidated billing;

  3  individual and collective recordkeeping and accounting; asset

  4  purchase, control, and safekeeping; and direct disbursement of

  5  funds to and from the third-party administrator, the division,

  6  the board, employers, participants, approved providers, and

  7  beneficiaries.

  8         3.  Educational services may be designed to assist

  9  employers, eligible employees, participants, and beneficiaries

10  in order to maintain compliance with United States Department

11  of Labor regulations under s. 404(c) of the Employee

12  Retirement Income Security Act of 1974 and to assist employees

13  in their choice of defined benefit or defined contribution

14  retirement alternatives. Educational services include, but are

15  not limited to, disseminating educational materials; providing

16  retirement planning education; explaining the differences

17  between the defined benefit retirement plan and the defined

18  contribution retirement plan; and offering financial planning

19  guidance on matters such as investment diversification,

20  investment risks, investment costs, and asset allocation. Such

21  materials and services may not include investment advice or

22  recommendations with respect to particular providers or

23  products. An approved provider may not perform this function,

24  but may provide information concerning its products and

25  services. An approved provider, however, may also provide

26  educational information, including, but not limited to,

27  retirement planning and investment allocation information

28  concerning its products and services.

29         (c)1.  In evaluating and selecting a third-party

30  administrator, the board shall establish criteria under which

31  it shall consider the relative capabilities and qualifications

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  1  of each proposed administrator. In developing such criteria,

  2  the board shall consider:

  3         a.  The administrator's demonstrated experience in

  4  providing administrative services to public-sector or

  5  private-sector retirement systems.

  6         b.  The administrator's demonstrated experience in

  7  providing daily valued recordkeeping to defined contribution

  8  plans.

  9         c.  The administrator's ability and willingness to

10  coordinate its activities with the Florida Retirement System

11  employers, the board, and the division, and to supply to such

12  employers, the board, and the division the information and

13  data they require, including, but not limited to, monthly

14  management reports, quarterly participant reports, and ad hoc

15  reports requested by the department or trustees.

16         d.  The cost-effectiveness and levels of the

17  administrative services provided.

18         e.  The administrator's ability to interact with the

19  participants, the employers, the board, the division, and the

20  providers; the means by which participants may access account

21  information, direct investment of contributions, make changes

22  to their accounts, transfer moneys between available

23  investment vehicles, and transfer moneys between investment

24  products; its capacity to provide paperless options; and any

25  fees that apply to such activities.

26         f.  Demonstrated experience in providing similar type

27  services to either public or private clients having a

28  substantially equal number of participants as, and of similar

29  size to, the Florida Retirement System.

30

31

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  1         g.  Demonstrated experience in providing educational

  2  services to public-sector or private-sector retirement systems

  3  of similar size.

  4         h.  Ability and willingness to coordinate its

  5  activities with the Florida Retirement System employers, the

  6  board, and the division, and to supply to such employers, the

  7  board, and the division the information and data they require,

  8  including, but not limited to, reports on educational

  9  contacts.

10         i.  The cost-effectiveness and levels of the

11  educational services provided.

12         j.  Ability to provide educational services via

13  different media, including, but not limited to, the Internet,

14  personal contact, seminars, brochures, and newsletters.

15         k.  Any other factor deemed necessary by the Trustees

16  of the State Board of Administration.

17         l.  The recommendations of the Public Employee Optional

18  Retirement Program Advisory Committee established in

19  subsection (12).

20         2.  The establishment of the criteria shall be solely

21  within the discretion of the board.

22         (d)  The board shall develop the form and content of

23  all contracts to be offered under the Public Employee Optional

24  Retirement Program. In developing its recommendations, the

25  board must consider:

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

27  be afforded participants in relation to the required

28  contributions under the program.

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

30  afforded participants to the needs of the participants and the

31

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  1  interests of employers in the recruitment and retention of

  2  eligible employees.

  3         (e)1.  The board may contract with any consultant for

  4  professional services, including legal, consulting,

  5  accounting, and actuarial services, deemed necessary to

  6  implement and administer the optional program by the Trustees

  7  of the State Board of Administration. The board may enter into

  8  a contract with one or more vendors to provide low-cost

  9  investment advice to participants. All fees under any such

10  contract shall be paid by those participants who choose to use

11  the services of the vendor.

12         2.  The department may contract with consultants for

13  professional services, including legal, consulting,

14  accounting, and actuarial services, deemed necessary to

15  implement and administer the optional program in coordination

16  with the defined benefit program of the Florida Retirement

17  System. The department may enter into a contract with the

18  third-party administrator in order to coordinate services

19  common to the various programs within the Florida Retirement

20  System, provided, however, that no such contract shall provide

21  for administrative charges.

22         (f)  The board shall resolve any conflict between the

23  third-party administrator and an approved provider when such

24  conflict threatens the implementation or administration of the

25  program or the quality of services to employees.

26         (9)  INVESTMENT OPTIONS OR PRODUCTS; PERFORMANCE

27  REVIEW.--

28         (a)  The board shall develop policy and procedures for

29  selecting, evaluating, and monitoring the performance of

30  investment products to which employees may direct retirement

31  contributions under the program based upon the highest

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  1  industry standard. In accordance with such policy and

  2  procedures, the board may select five or more providers who

  3  offer multiple investment products and services that afford

  4  value to the participants otherwise not available through

  5  individual investment products.

  6         (b)  The board shall consider investment options or

  7  products it considers appropriate to give participants the

  8  opportunity to accumulate retirement benefits, subject to the

  9  following:

10         1.  The Public Employee Optional Retirement Program

11  must offer a diversified mix of low-cost investment products

12  that span the risk-return spectrum.

13         2.  Investment options or products offered by the group

14  of approved providers may include mutual funds, group annuity

15  contracts, individual retirement annuities, interests in

16  trusts, collective trusts, separate accounts, and other such

17  financial instruments.

18         (c)  In evaluating and selecting approved providers and

19  products, the board shall establish criteria under which it

20  shall consider the relative capabilities and qualifications of

21  each proposed provider company and product. In developing such

22  criteria, the board shall consider:

23         1.  Experience in the United States providing

24  retirement products and related financial services under

25  defined contribution retirement plans.

26         2.  Financial strength and stability, which shall be

27  evidenced by the highest ratings assigned by nationally

28  recognized rating services when comparing proposed providers

29  that are so rated.

30         3.  Intrastate and interstate portability of the

31  product offered, including early withdrawal options.

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  1         4.  Compliance with the Internal Revenue Code.

  2         5.  The cost-effectiveness of the product provided and

  3  the levels of service supporting the product relative to its

  4  benefits and its characteristics, including, without

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

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

  7  coordinate its activities with Florida Retirement System

  8  employers, the department, and the board, and to supply to

  9  such employers, the department, and the board the information

10  and data they require.

11         7.  The methods available to participants to interact

12  with the provider company; the means by which participants may

13  access account information, direct investment of

14  contributions, make changes to their accounts, transfer moneys

15  between available investment vehicles, and transfer moneys

16  between provider companies; and any fees that apply to such

17  activities.

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

19  transfer of individual account balances, contributions, and

20  earnings thereon, both internally among investment products

21  offered by the provider company and externally between

22  approved providers, as well as any fees, charges, reductions,

23  or penalties that may be applied.

24         9.  An evaluation of specific investment products,

25  taking into account each product's track record in meeting its

26  investment return objectives net of all related fees,

27  expenses, and charges, including, but not limited to,

28  investment management fees, loads, distribution and marketing

29  fees, custody fees, recordkeeping fees, education fees,

30  annuity expenses, and consulting fees.

31

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  1         10.  Organizational factors, including, but not limited

  2  to, financial solvency, organizational depth, and experience

  3  in providing institutional investment services.

  4         (d)  As a condition of offering any investment option

  5  or product in the optional retirement program, the approved

  6  provider must agree to make the investment product or service

  7  available under the most beneficial terms offered to any other

  8  similar customer, subject to approval by the Trustees of the

  9  State Board of Administration.

10         (e)  The board shall periodically review the

11  performance of each approved provider and product and related

12  organizational factors to ensure continued compliance with

13  established selection criteria and with board policy and

14  procedures. Providers and products may be terminated subject

15  to contract provisions. The board shall adopt procedures to

16  transfer account balances from terminated products or

17  providers to other products or providers in the optional

18  program.

19         (10)  EDUCATION COMPONENT.--

20         (a)  The board shall provide for an education component

21  for system members in a manner consistent with the provisions

22  of this section. The education component must be available to

23  eligible employees at least 90 days prior to the beginning

24  date of the election period for the employees of the

25  respective types of employers.

26         (b)  The education component must provide system

27  members with impartial and balanced information about plan

28  choices. The education component must involve multimedia

29  formats. Program comparisons must, to the greatest extent

30  possible, be based upon real rates of return on investments

31  available in each retirement plan. The board shall monitor the

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  1  performance of the contract to ensure that the program is

  2  conducted in accordance with the contract, applicable law, and

  3  the rules of the board.

  4         (c)  The board shall provide for an initial and ongoing

  5  transfer education component to provide system members with

  6  information necessary to make informed plan choice decisions.

  7  The transfer education component must include, but is not

  8  limited to, information on:

  9         1.  The amount of money available to a member to

10  transfer to the defined contribution program.

11         2.  The features of and differences between the defined

12  benefit program and the defined contribution program, both

13  generally and specifically, as those differences may affect

14  the member.

15         3.  The expected benefit available if the member were

16  to retire under each of the retirement programs, based on

17  appropriate alternative sets of assumptions.

18         4.  The aggregate rate of return from investments in

19  the defined contribution program and the period of time over

20  which the aggregate rate of return must be achieved to equal

21  or exceed the expected monthly benefit payable to the member

22  under the defined benefit program.

23         5.  The historical rates of return for the investment

24  alternatives available in the defined contribution programs

25  (30-year, 20-year, 15-year, 10-year, 8-year, 5-year, and

26  1-year data).

27         6.  The benefits and historical rates of return on

28  investments available in deferred compensation plans or a plan

29  under s. 403(b) of the Internal Revenue Code for which the

30  employee may be eligible.

31

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  1         7.  The program choices available to employees of the

  2  State University System and the comparative benefits of each

  3  available program.

  4         8.  Payout options available in each of the retirement

  5  programs.

  6         (d)  An ongoing education and communication component

  7  must provide members of either program with information

  8  necessary to make informed decisions about choices within

  9  their program of membership and in preparation for retirement.

10  The component must include, but is not limited to, information

11  concerning:

12         1.  Rights and conditions of membership.

13         2.  Benefit features within the program, options, and

14  effects of certain decisions.

15         3.  Coordination of contributions and benefits with a

16  deferred compensation plan under s. 457 or a plan under s.

17  403(b) of the Internal Revenue Code.

18         4.  Significant program changes.

19         5.  Contribution rates and program funding status.

20         6.  Planning for retirement.

21         (e)  The board shall also establish a communication

22  component to provide program information to participating

23  employers and the employers' personnel and payroll officers

24  and to explain their respective responsibilities in

25  conjunction with the retirement programs.

26         (11)  PARTICIPANT INFORMATION REQUIREMENTS.--The board

27  shall ensure that each participant is provided a quarterly

28  statement that accounts for the contributions made by and on

29  behalf of such participants; the interest and investment

30  earnings thereon; and any fees, penalties, or other deductions

31  that apply thereto. At a minimum, such statements must:

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  1         (a)  Indicate the participant's investment options.

  2         (b)  State the market value of the account at the close

  3  of the current quarter and previous quarter.

  4         (c)  Show account gains and losses for the period and

  5  changes in account accumulation unit values for the period.

  6         (d)  Itemize account contributions for the quarter.

  7         (e)  Indicate any account changes due to adjustment of

  8  contribution levels, reallocation of contributions, balance

  9  transfers, or withdrawals.

10         (f)  Set forth any fees, charges, penalties, and

11  deductions that apply to the account.

12         (g)  Indicate the amount of the account in which the

13  participant is fully vested.

14

15  The third-party administrator shall provide quarterly and

16  annual summary reports to the board and any other reports

17  requested by the department or the board. In any solicitation

18  or offer of coverage under an optional retirement program, a

19  provider company shall be governed by the contract readability

20  provisions of s. 627.4145, notwithstanding s. 627.4145(6)(c).

21  In addition, all descriptive materials must be prepared under

22  the assumption that the participant is an unsophisticated

23  investor. Provider companies must maintain an internal system

24  of quality assurance, have proven functional systems that are

25  date-calculation compliant, and be subject to a due-diligence

26  inquiry that proves their capacity and fitness to undertake

27  service responsibilities.

28         (12)  ADVISORY COMMITTEES TO PROVIDE ADVICE AND

29  ASSISTANCE.--The Investment Advisory Council and the Public

30  Employee Optional Retirement Program Advisory Committee shall

31

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  1  assist the board in implementing and administering the Public

  2  Employee Optional Retirement Program.

  3         (a)  The Investment Advisory Council, created pursuant

  4  to s. 215.444, shall review the board's initial

  5  recommendations regarding the criteria to be used in selecting

  6  and evaluating approved providers and investment products. The

  7  council shall make comments and recommendations to the board

  8  within 45 days after receiving the initial recommendations.

  9  The board shall make the final determination as to whether any

10  investment provider or product, any contractor, or any and all

11  contract provisions shall be approved for the program.

12         (b)1.  The Public Employee Optional Retirement Program

13  Advisory Committee shall be composed of seven members. The

14  President of the Senate shall appoint two members, the Speaker

15  of the House of Representatives shall appoint two members, the

16  Governor shall appoint one member, the Treasurer shall appoint

17  one member, and the Comptroller shall appoint one member. The

18  members of the advisory committee shall elect a member as

19  chair. The appointments shall be made by September 1, 2000,

20  and the committee shall meet to organize by October 1, 2000.

21         2.  The advisory committee shall make recommendations

22  on the critical factors to be considered in the selection

23  process for the third-party administrator and related

24  subcontractors and the design and implementation of the

25  education component of the program. The committee's

26  recommendations on selection criteria for the third-party

27  administrator must be forwarded to the Trustees of the State

28  Board of Administration by January 1, 2001. The

29  recommendations on the design and implementation of the

30  education component must be forwarded to the trustees by May

31  1, 2001.

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  1         3.  The advisory committee's recommendations and

  2  activities shall be guided by the best interests of the

  3  employees, considering the interests of employers, and the

  4  intent of the Legislature in establishing the Public Employee

  5  Optional Retirement Program.

  6         4.  The staff of the state board and the department

  7  shall assist the advisory committee.

  8         (13)  FEDERAL REQUIREMENTS.--

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

10  the Public Employee Optional Retirement Program shall be

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

12  26 U.S.C., and specifically with plan qualification

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

14  the Internal Revenue Code.

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

16  susceptible to more than one construction must be interpreted

17  in favor of the construction most likely to satisfy

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

19  Code.

20         (c)  Contributions payable under this section for any

21  limitation year may not exceed the maximum amount allowable

22  for qualified defined contribution pension plans under

23  applicable provisions of the Internal Revenue Code. If an

24  employee who has elected to participate in the Public Employee

25  Optional Retirement Program participates in any other plan

26  that is maintained by the participating employer, benefits

27  that accrue under the Public Employee Optional Retirement

28  Program shall be considered primary for any aggregate

29  limitation applicable under s. 415 of the Internal Revenue

30  Code.

31         (14)  INVESTMENT POLICY STATEMENT.--

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  1         (a)  Investment products and approved providers

  2  selected for the Public Employee Optional Retirement Program

  3  shall be in conformance with the Public Employee Optional

  4  Retirement Program Investment Policy Statement, herein

  5  referred to as the "statement," as developed and approved by

  6  the Trustees of the State Board of Administration and

  7  submitted to the department. The statement must include, among

  8  other items, the investment objectives of the Public Employee

  9  Optional Retirement Program, manager selection and monitoring

10  guidelines, and performance measurement criteria. As required

11  from time to time, the executive director of the state board

12  may present recommended changes in the statement to the board

13  for approval.

14         (b)  Prior to presenting the statement, or any

15  recommended changes thereto, to the state board, the executive

16  director of the board shall present such statement or changes

17  to the Investment Advisory Council for review. The council

18  shall present the results of its review to the board prior to

19  the board's final approval of the statement or changes in the

20  statement.

21         (15)  STATEMENT OF FIDUCIARY STANDARDS AND

22  RESPONSIBILITIES.--

23         (a)  Investment of optional defined contribution

24  retirement plan assets shall be made for the sole interest and

25  exclusive purpose of providing benefits to plan participants

26  and beneficiaries and defraying reasonable expenses of

27  administering the plan. The program's assets are to be

28  invested, on behalf of the program participants, with the

29  care, skill, and diligence that a prudent person acting in a

30  like manner would undertake. The performance of the investment

31  duties set forth in this paragraph shall comply with the

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  1  fiduciary standards set forth in the Employee Retirement

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

  3  In case of conflict with other provisions of law authorizing

  4  investments, the investment and fiduciary standards set forth

  5  in this subsection shall prevail.

  6         (b)  If a participant or beneficiary of the Regular

  7  Class Optional Retirement Program exercises control over the

  8  assets in his or her account, as determined by reference to

  9  regulations of the United States Department of Labor under s.

10  404(c) of the Employee Retirement Income Security Act of 1974

11  and all applicable laws governing the operation of the

12  program, no program fiduciary shall be liable for any loss to

13  a participant's or beneficiary's account which results from

14  such participant's or beneficiary's exercise of control.

15         (16)  DISABILITY BENEFITS.--For any member of the

16  optional retirement program who becomes totally and

17  permanently disabled, as defined in s. 121.091(4)(b), the

18  member shall be entitled to receive those moneys that have

19  accrued in his or her participant account. It is the intent of

20  the Legislature to provide participants of the Public Employee

21  Optional Retirement Program disability benefits comparable to

22  the benefits afforded defined benefit program participants.

23  The department is directed to study the potential options of

24  such coverage and the fiscal impacts on the employees and

25  employers, and to make recommendations to the Legislature by

26  January 1, 2001.

27         (17)  SOCIAL SECURITY COVERAGE.--

28         (a)  Social Security coverage shall be provided for all

29  officers and employees who become participants of the optional

30  program.  Any modification of the present agreement with the

31  Social Security Administration, or referendum required under

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  1  the Social Security Act, for the purpose of providing Social

  2  Security coverage for any member shall be requested by the

  3  state agency in compliance with the applicable provisions of

  4  the Social Security Act governing such coverage.  However,

  5  retroactive Social Security coverage for service prior to

  6  December 1, 1970, with the employer shall not be provided for

  7  any member who was not covered under the agreement as of

  8  November 30, 1970.

  9         (b)  All officers and employees who are participants of

10  the optional program shall be eligible to receive the retiree

11  health insurance subsidy, subject to the provisions of s.

12  112.363.

13         Section 3.  Section 121.571, Florida Statutes, is

14  created to read:

15         121.571  Contributions.--Contributions to the Public

16  Employee Optional Retirement Program shall be made as follows:

17         (1)  CONTRIBUTION RATES GENERALLY.--The contributions

18  established in this section shall be paid by each participant

19  or the participant's employer to the third-party administrator

20  based on the class membership of the participant. The

21  contributions are stated as a percentage of each participant's

22  gross compensation for the calendar month. A change in a

23  contribution rate is effective the first day of the month for

24  which a full month's employer contribution is made on or after

25  the beginning date of the change. Contribution rates may be

26  modified by general law.

27         (2)  CONTRIBUTIONS TO PARTICIPANTS' ACCOUNTS.--Employer

28  and participant contributions to participant accounts shall be

29  accounted for separately. Interest and investment earnings on

30  employer contributions shall accrue on a tax-deferred basis

31  until proceeds are distributed. Pursuant thereto, all

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  1  contributions made by or on behalf of a participant pursuant

  2  to this subsection shall be transferred by the employer to the

  3  third-party administrator for deposit in the participant's

  4  account, less an amount approved by the Legislature to fund

  5  the administration of the optional retirement program.

  6         (3)  CONTRIBUTIONS TO DISABILITY ACCOUNT.--

  7         (a)  All contributions made on behalf of a participant

  8  pursuant to this subsection shall be transferred by the

  9  employer to the third-party administrator for deposit in the

10  Public Employee Disability Trust Fund administered by the

11  Division of Retirement. Such contributions, less any fees or

12  charges authorized by the Legislature to offset the costs of

13  administering the disability component of the optional

14  retirement program, shall be used to provide disability

15  coverage for participants in the optional retirement program.

16         (b)  Disability contributions for Regular Class members

17  of the optional retirement plan are as follows:

18         Dates of Contribution   Employers

19         Rate Changes

20         Effective July 1, 2002:     0.50%

21         (c)  Disability contribution for Special Risk Class

22  members of the optional retirement plan are as follows:

23         Dates of Contribution   Employers

24         Rate Changes

25         Effective July 1, 2002:     1.38%

26         (d)  Disability contribution for Special Risk

27  Administrative Support Class members of the optional

28  retirement plan are as follows:

29         Dates of Contribution   Employers

30         Rate Changes

31         Effective July 1, 2002:     0.84%

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  1         (e)  Disability contribution for Elected Officers'

  2  Class members of the optional retirement plan are as follows:

  3         Dates of Contribution    Employers

  4         Rate Changes

  5         Effective July 1, 2002:

  6           Legislators               0.72%

  7           Governor, Lt. Governor,

  8              Cabinet Officers       0.72%

  9           State Attorneys, Public

10              Defenders              0.72%

11           Justices, Judges          1.56%

12           County Elected Officers   0.95%

13         (f)  Disability contribution for Senior Management

14  Service Class members of the optional retirement plan are as

15  follows:

16         Dates of Contribution   Employers

17         Rate Changes

18         Effective July 1, 2002:    0.59%

19         (4)  CONTRIBUTIONS FOR SOCIAL SECURITY COVERAGE AND FOR

20  RETIREE HEALTH INSURANCE SUBSIDY.--Contributions required

21  under this section shall be in addition to employer and member

22  contributions required for Social Security and the Retiree

23  Health Insurance Subsidy Trust Fund as provided in s. 121.071.

24         (5)  FEES AND OTHER CHARGES.--The board or the

25  third-party administrator may deduct reasonable fees and may

26  apply appropriate charges to participant accounts, but only as

27  expressly covered by the terms of the approved contract for

28  the third-party administrator or as authorized by the

29  Legislature.

30         Section 4.  The Legislature finds that a proper and

31  legitimate state purpose is served when employees and retirees

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

  2  dependents, survivors, and beneficiaries of such employees and

  3  retirees, are extended the basic protections afforded by

  4  governmental retirement systems that provide fair and adequate

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

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

  7  of the State Constitution and part VII of chapter 112, Florida

  8  Statutes. Therefore, the Legislature determines and declares

  9  that this act fulfills an important state interest.

10         Section 5.  Paragraphs (b) and (h) of subsection (1),

11  paragraph (b) of subsection (4), and paragraph (e) of

12  subsection (6) of section 121.055, Florida Statutes, are

13  amended to read:

14         121.055  Senior Management Service Class.--There is

15  hereby established a separate class of membership within the

16  Florida Retirement System to be known as the "Senior

17  Management Service Class," which shall become effective

18  February 1, 1987.

19         (1)

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

21  January 1, 1990, participation in the Senior Management

22  Service Class shall be compulsory for the president of each

23  community college, the manager of each participating city or

24  county, and all appointed district school superintendents.

25  Effective January 1, 1994, additional positions may be

26  designated for inclusion in the Senior Management Service

27  Class of the Florida Retirement System, provided that:

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

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

30  designate positions for inclusion in the class shall be

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

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  1  of general circulation published in the county or counties

  2  affected, as provided in chapter 50.

  3         b.  Up to 10 One nonelective full-time positions

  4  position may be designated for each local agency employer

  5  reporting to the Department of Management Services; for local

  6  agencies with 100 or more regularly established positions,

  7  additional nonelective full-time positions may be designated,

  8  not to exceed 1 percent of the regularly established positions

  9  within the agency.

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

11  managerial or policymaking position filled by an employee who

12  is not subject to continuing contract and serves at the

13  pleasure of the local agency employer without civil service

14  protection, and who:

15         (I)  Heads an organizational unit; or

16         (II)  Has responsibility to effect or recommend

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

18  her areas of responsibility.

19         2.  In lieu of participation in the Senior Management

20  Service Class, members of the Senior Management Service Class

21  pursuant to the provisions of subparagraph 1. may withdraw

22  from the Florida Retirement System altogether. The decision to

23  withdraw from the Florida Retirement System shall be

24  irrevocable for as long as the employee holds such a position.

25  Any service creditable under the Senior Management Service

26  Class shall be retained after the member withdraws from the

27  Florida Retirement System; however, additional service credit

28  in the Senior Management Service Class shall not be earned

29  after such withdrawal.  Such members shall not be eligible to

30  participate in the Senior Management Service Optional Annuity

31  Program.

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

  2  January 1, 1994, participation in the Senior Management

  3  Service Class shall be compulsory for the State Courts

  4  Administrator and the Deputy State Courts Administrators, the

  5  Clerk of the Supreme Court, the Marshal of the Supreme Court,

  6  the Executive Director of the Justice Administrative

  7  Commission, the Capital Collateral Representative, the clerks

  8  of the district courts of appeals, the marshals of the

  9  district courts of appeals, and the trial court administrator

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

11  additional positions in the offices of the state attorney and

12  public defender in each judicial circuit may be designated for

13  inclusion in the Senior Management Service Class of the

14  Florida Retirement System, provided that:

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

16  designated by the state attorney or public defender, as

17  appropriate.  Notice of intent to designate positions for

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

19  consecutive weeks in a newspaper of general circulation

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

21  chapter 50.

22         b.  One nonelective full-time position may be

23  designated for each state attorney and public defender

24  reporting to the Department of Management Services; for

25  agencies with 200 or more regularly established positions

26  under the state attorney or public defender, additional

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

28  exceed 0.5 percent of the regularly established positions

29  within the agency.

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

31  managerial or policymaking position filled by an employee who

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  1  serves at the pleasure of the state attorney or public

  2  defender without civil service protection, and who:

  3         (I)  Heads an organizational unit; or

  4         (II)  Has responsibility to effect or recommend

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

  6  her areas of responsibility.

  7         2.  Participation in this class shall be compulsory,

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

  9  employee who holds a position designated for coverage in the

10  Senior Management Service Class, and such participation shall

11  continue until the employee terminates employment in a covered

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

13  class is compulsory for assistant state attorneys, assistant

14  statewide prosecutors, and assistant public defenders.

15         3.  In lieu of participation in the Senior Management

16  Service Class, such members may participate in the Senior

17  Management Service Optional Annuity Program as established in

18  subsection (6).

19         (4)

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

21  1, 1987, or after January 31, 1987, shall satisfy the

22  requirement of attaining the normal retirement date as defined

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

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

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

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

27  service in an eligible position shall be required to satisfy

28  the requirements for the normal retirement date for a regular

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

30         (6)

31         (e)  Benefits.--

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  1         1.  Benefits shall be payable under the Senior

  2  Management Service Optional Annuity Program only to

  3  participants in the program, or their beneficiaries as

  4  designated by the participant in the contract with a provider

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

  6  company in accordance with the terms of the annuity contract

  7  or contracts applicable to the participant. A participant must

  8  be terminated from all employment with all Florida Retirement

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

10  receiving the employer-funded benefit. Benefits funded by

11  employer contributions shall be payable only as a lifetime

12  annuity to the participant, his or her beneficiary, or his or

13  her estate, except for:

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

15  death of the participant; or

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

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

18  of 6 months from the employment that entitled him or her to

19  optional annuity program participation. A de minimis account

20  is an account with a provider company containing employer

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

22  made under the provisions of this chapter. Such cash-out must

23  be a complete liquidation of the account balance with that

24  company and is subject to the provisions of the Internal

25  Revenue Code; or.

26         c.  A lump-sum direct rollover distribution whereby all

27  accrued benefits, plus interest and investment earnings, are

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

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

30  of the Internal Revenue Code, on behalf of the participant.

31

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

  2  Management Service Optional Annuity Program, and any

  3  contribution accumulated under such program, shall not be

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

  5  legal process whatsoever.

  6         3.  A participant who receives optional annuity program

  7  benefits funded by employer contributions shall be deemed to

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

  9  event of subsequent employment with any employer that

10  participates in the Florida Retirement System.

11         Section 6.  Effective July 1, 2001, subsections (2) and

12  (3) of section 112.363, Florida Statutes, are amended to read:

13         112.363  Retiree health insurance subsidy.--

14         (2)  ELIGIBILITY FOR RETIREE HEALTH INSURANCE

15  SUBSIDY.--

16         (a)  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. 121.40, 238.07(16)(a), and

22  250.22, recipients of health insurance coverage under s.

23  110.1232, or any other special pension or relief act shall not

24  be eligible for such payments.

25         (b)  For purposes of this section, a person is deemed

26  retired from a state-administered retirement system when he or

27  she terminates employment with all employers participating in

28  the Florida Retirement System as described in s. 121.021(39)

29  and:

30         1.  For a participant of the Public Employee Optional

31  Retirement Program established under part II of chapter 121,

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  1  the participant meets the age or service requirements to

  2  qualify for normal retirement as set forth in s. 121.021(29).

  3         2.  For a member of the Florida Retirement System

  4  defined benefit program, or any employee who maintains

  5  creditable service under both the defined benefit program and

  6  the Public Employee Optional Retirement Program, the member

  7  begins drawing retirement benefits from the system.

  8         (c)1.  Effective July 1, 2001, any person retiring on

  9  or after such date as a member of the Florida Retirement

10  System, including any participant of the defined contribution

11  program administered pursuant to part II of chapter 121, must

12  have satisfied the vesting requirements for his or her

13  membership class under the Florida Retirement System defined

14  benefit program as administered under part I of chapter 121.

15         2.  Notwithstanding the provisions of subparagraph 1.,

16  a person retiring due to disability must either qualify for a

17  regular or in-line-of-duty disability benefit as provided in

18  s. 121.091(4) or qualify for a disability benefit under a

19  disability plan established under part II of chapter 121, as

20  appropriate.

21         (d)  Payment of the retiree health insurance subsidy

22  shall be made only after coverage for health insurance for the

23  retiree or beneficiary has been certified in writing to the

24  Department of Management Services. Participation in a former

25  employer's group health insurance program is not a requirement

26  for eligibility under this section.

27         (e)  However, Participants in the Senior Management

28  Service Optional Annuity Program as provided in s. 121.055(6)

29  and the State University System Optional Retirement Program as

30  provided in s. 121.35 shall not receive the retiree health

31  insurance subsidy provided in this section.  The employer of

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  1  such participant shall pay the contributions required in

  2  subsection (8) to the annuity program provided in s.

  3  121.055(6)(d) or s. 121.35(4)(a), as applicable.

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

  5         (a)  Beginning January 1, 1988, each eligible retiree

  6  or a beneficiary who is a spouse or financial dependent

  7  thereof shall receive a monthly retiree health insurance

  8  subsidy payment equal to the number of years of creditable

  9  service, as defined in s. 121.021(17), completed at the time

10  of retirement multiplied by $1; however, no retiree may

11  receive a subsidy payment of more than $30 or less than $10.

12         (b)  Beginning January 1, 1989, each eligible retiree

13  or a beneficiary who is a spouse or financial dependent shall

14  receive a monthly retiree health insurance subsidy payment

15  equal to the number of years of creditable service, as defined

16  in s. 121.021(17), completed at the time of retirement

17  multiplied by $2; however, no retiree may receive a subsidy

18  payment of more than $60 or less than $20.

19         (c)  Beginning January 1, 1991, each eligible retiree

20  or a beneficiary who is a spouse or financial dependent shall

21  receive a monthly retiree health insurance subsidy payment

22  equal to the number of years of creditable service, as defined

23  in s. 121.021(17), completed at the time of retirement

24  multiplied by $3; however, no retiree may receive a subsidy

25  payment of more than $90 or less than $30.

26         (d)  Beginning January 1, 1999, each eligible retiree

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

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

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

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

31  health insurance subsidy payment equal to the number of years

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

  2  at the time of retirement multiplied by $5; however, no

  3  eligible retiree or such beneficiary may receive a subsidy

  4  payment of more than $150 or less than $50.  If there are

  5  multiple beneficiaries, the total payment must not be greater

  6  than the payment to which the retiree was entitled.

  7         (e)1.  Beginning July 1, 2001, each eligible retiree of

  8  the defined benefit program of the Florida Retirement System,

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

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

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

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

13  health insurance subsidy payment equal to the number of years

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

15  at the time of retirement multiplied by $5; however, no

16  eligible retiree or such beneficiary may receive a subsidy

17  payment of more than $150 or less than $25.  If there are

18  multiple beneficiaries, the total payment must not be greater

19  than the payment to which the retiree was entitled.

20  Notwithstanding the provisions of this paragraph, the health

21  insurance subsidy amount payable to any person receiving the

22  retiree health insurance subsidy payment on July 1, 2002,

23  shall not be reduced.

24         2.  Beginning July 1, 2001, each eligible participant

25  of the Public Employee Optional Retirement Program of the

26  Florida Retirement System who has met the requirements of this

27  section, or, if the participant is deceased, his or her spouse

28  who is the participant's designated beneficiary, shall receive

29  a monthly retiree health insurance subsidy payment equal to

30  the number of years of creditable service, as defined in this

31  subparagraph, completed at the time of retirement, multiplied

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  1  by $5; however, no eligible retiree or such beneficiary may

  2  receive a subsidy payment of more than $150 or less than $30.

  3  For purposes of determining a participant's creditable service

  4  used to calculate the health insurance subsidy, a

  5  participant's years of service credit or fraction thereof

  6  shall be based on the participant's work year as defined in s.

  7  121.021(54).  Credit shall be awarded for a full work year

  8  whenever health insurance subsidy contributions have been made

  9  as required by law for each month in the participant's work

10  year.  In addition, all years of creditable service retained

11  under the Florida Retirement System defined benefit program

12  shall be included as creditable service for purposes of this

13  section.

14         Section 7.  Subsection (2) and paragraph (a) of

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

16  amended to read:

17         121.0515  Special risk membership; criteria;

18  designation and removal of classification; credits for past

19  service and prior service; retention of special risk normal

20  retirement date.--

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

22  risk member, must meet the following criteria:

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

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

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

26  police chiefs shall be excluded from meeting the certification

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

28  duties and responsibilities must include the pursuit,

29  apprehension, and arrest of law violators or suspected law

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

31  disposal unit whose primary responsibility is the location,

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

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

  3  members who have such responsibilities; provided, however,

  4  administrative support personnel, including, but not limited

  5  to, those whose primary duties and responsibilities are in

  6  accounting, purchasing, legal, and personnel, shall not be

  7  included;

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

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

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

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

12  government with firefighting responsibilities.  In addition,

13  the member's duties and responsibilities must include

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

15  firefighting units or aerial firefighting surveillance

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

17  Agriculture and Consumer Services, Division of Forestry, or

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

19  member or members who have such responsibilities; provided,

20  however, administrative support personnel, including, but not

21  limited to, those whose primary duties and responsibilities

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

23  be included;

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

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

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

27  primary duties and responsibilities must be the custody, and

28  physical restraint when necessary, of prisoners or inmates

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

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

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

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

  2  provided, however, administrative support personnel,

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

  4  responsibilities are in accounting, purchasing, legal, and

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

  6  assistant superintendents shall participate in the Special

  7  Risk Class; or

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

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

10  emergency medical technician or a paramedic and be certified

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

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

13  emergency medical care.  However, administrative support

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

15  responsibilities are in accounting, purchasing, legal, and

16  personnel, shall not be included.

17         (7)  RETENTION OF SPECIAL RISK NORMAL RETIREMENT

18  DATE.--

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

20  to a nonspecial risk law enforcement, firefighting,

21  correctional, or emergency medical care administrative support

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

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

24  correctional, or emergency medical care agency under the

25  Florida Retirement System, shall participate in the Special

26  Risk Administrative Support Class and shall earn credit for

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

28  regular member.  Notwithstanding the provisions of subsection

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

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

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

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  1  121.021(29)(b), provided that, while in such position, the

  2  member remains certified as a law enforcement officer,

  3  firefighter, correctional officer, emergency medical

  4  technician, or paramedic; remains subject to reassignment at

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

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

  7  a designated special risk member prior to retirement.

  8         Section 8.  Paragraphs (b) and (c) of subsection (12)

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

10         121.052  Membership class of elected officers.--

11         (12)  BENEFITS.--

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

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

14  retirement ages, early retirement, disability retirement,

15  termination benefits, optional forms of retirement,

16  designation of beneficiaries, employment after retirement, and

17  method of computing actuarial equivalent, respectively, shall

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

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

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

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

22  make them compatible with the provisions of this section.

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

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

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

26  make them compatible with the provisions of this section;

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

28  needed to obtain such benefits, except that:

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

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

31  class of the Florida Retirement System, or any other

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  1  state-administered retirement system, if the official had

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

  3  spouse may elect to leave the official's retirement

  4  contributions in the retirement trust fund and pay into said

  5  fund any required contributions which would have been paid by

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

  7  the term of office.

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

  9  described in subparagraph 1. previously received a refund of

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

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

12  amount equal to the deceased member's contributions previously

13  refunded, together with interest at 4 percent compounded

14  annually on the amount of such refunded contributions from the

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

16  compounded annually thereafter to the date of payment, plus

17  such additional contributions as may be required under

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

19

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

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

22  trust fund such additional or refunded contributions, plus

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

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

25  after accumulating the required number of years of creditable

26  service as described herein.

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

28  121.053, Florida Statutes, is amended to read:

29         121.053  Participation in the Elected Officers' Class

30  for retired members.--

31

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

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

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

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

  5  entitled to receive an additional retirement benefit for such

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

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

  8  follows:

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

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

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

12  or her intent to purchase elected officer service prior to

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

14  for the period being claimed, plus 4 percent interest

15  compounded annually from the first year of service claimed

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

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

18  Retirement System Trust Fund; however, such member may

19  purchase retirement credit under the Elected Officers' Class

20  only for such service as an elected officer.

21         2.  Upon payment of the amount specified in

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

23  Retirement System Trust Fund the applicable employer

24  contribution for the period of elected officer service prior

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

26  interest compounded annually from the first year of service

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

28  compounded annually thereafter, until full payment is made to

29  the Florida Retirement System Trust Fund.

30

31

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  1         Section 10.  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 11.  Paragraph (a) of subsection (1),

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

  3  121.091, 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

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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 12.  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 13.  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 14.  Subsection (1) of section 121.121, Florida

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

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

27         (c)  The member returns to active employment performing

28  service with a Florida Retirement System employer in a

29  regularly established position immediately upon termination of

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

31  1 calendar month, except that a member who retires on

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

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

  3  less than 12 months and whose leave of absence terminates

  4  between school years is eligible to receive credit for the

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

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

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

  8  calendar month; and

  9         (d)  The member makes the required contributions for

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

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

12  or her rate of monthly compensation in effect immediately

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

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

15  percent interest thereafter on such contributions, compounded

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

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

18  purchased pursuant to this section shall be at the

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

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

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

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

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

24  the regular membership class, may pay the appropriate

25  additional contributions plus compound interest thereon and

26  receive creditable service for such leave of absence in the

27  membership class from which the member was granted the leave

28  of absence.

29         Section 15.  Effective July 1, 2000, in order to fund

30  the normal cost for changes in vesting requirements and the

31  computation of average final compensation and Public Employee

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  1  Optional Retirement Program under the Florida Retirement

  2  System, as provided in this act:

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

  4  Class of the Florida Retirement System shall be increased by

  5  1.37 percentage points;

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

  7  Risk Class of the Florida Retirement System shall be increased

  8  by 1.98 percentage points;

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

10  Risk Administrative Support Class of the Florida Retirement

11  System shall be increased by 1.01 percentage points;

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

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

14  Retirement System shall be increased by 1.66 percentage

15  points;

16         (5)  The contribution rates that apply to the

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

18  Officers' Class of the Florida Retirement System shall be

19  increased by 1.72 percentage points;

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

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

22  Florida Retirement System shall be increased by 1.31

23  percentage points; and

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

25  Management Service Class of the Florida Retirement System

26  shall be increased by 0.96 percentage points.

27

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

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

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

31

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  1  directed to adjust the contribution rates set forth in

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

  3         Section 16.  It is the intent of the Legislature that

  4  the net unfunded actuarial past-service liability attributable

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

  6  1978, and January 1, 1993, and to changes in the vesting

  7  requirements and the computation of average final compensation

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

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

10  actuarial surplus of the Florida Retirement System Trust Fund.

11         Section 17.  It is the intent of the Legislature that

12  the increased actuarial past-service liability attributable to

13  the 1999 actuarial experience study conducted by the system

14  actuaries for the 2000-2001 fiscal year shall be funded by a

15  one-time lump-sum payment from the actuarial surplus of the

16  Florida Retirement System Trust Fund. The retirement

17  contribution rates for subsequent years shall be adjusted with

18  the next actuarial valuation of the Florida Retirement System.

19         Section 18.  Effective July 1, 2000, and each year

20  thereafter, the Department of Management Services and the

21  consulting actuaries for the Florida Retirement System are

22  directed to annually recognize and determine the amount of any

23  actuarial surplus that may exist in the Florida Retirement

24  System Trust Fund. Where such actuarial surplus exists, the

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

26  reduction that could be made in the retirement contribution

27  rate for each class and subclass in the Florida Retirement

28  System by applying the amount available for rate reduction as

29  provided in section 121.031(3)(a)6., Florida Statutes, toward

30  the normal cost funding requirements for the system and shall

31  certify such reduced rates to the Department of Management

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  1  Services for recommendation to the Executive Office of the

  2  Governor and the Legislature. If actuarial surplus is

  3  unavailable in any year for rate reduction as described in

  4  this section, the consulting actuaries for the Florida

  5  Retirement System shall certify to the Department of

  6  Management Services the payroll contribution rate required for

  7  each class and subclass of the Florida Retirement System in

  8  order to effect and maintain funding for the Florida

  9  Retirement System on a sound actuarial basis in compliance

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

11  part VII of chapter 112, Florida Statutes.

12         Section 19.  To implement the provisions of this act

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

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

15  Class of the Florida Retirement System shall be reduced by

16  3.37 percentage points.

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

18  Risk Class of the Florida Retirement System shall be reduced

19  by 3.64 percentage points.

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

21  Risk Administrative Support Class of the Florida Retirement

22  System shall be reduced by 4.39 percentage points.

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

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

25  Retirement System shall be reduced by 7.32 percentage points.

26         (5)  The contribution rates that apply to the

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

28  Class of the Florida Retirement System shall be reduced by

29  5.19 percentage points.

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

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

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  1  Florida Retirement System shall be reduced by 6.03 percentage

  2  points.

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

  4  Management Service Class of the Florida Retirement System

  5  shall be reduced by 4.15 percentage points.

  6

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

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

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

10  directed to adjust the contribution rates set forth in

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

12         Section 20.  Paragraph (a) of subsection (3) of section

13  121.031, Florida Statutes, is amended to read:

14         121.031  Administration of system; appropriation;

15  oaths; actuarial studies; public records.--

16         (3)  The administrator shall cause an actuarial study

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

18  report the results of such study to the Legislature by

19  February 1 prior to the next legislative session.

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

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

22  additions:

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

24  5-year averaging methodology such as that specified in the

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

26  1.412(c)(2)-1, or a similar accepted approach designed to

27  attenuate fluctuations in asset values.

28         2.  The study shall include a narrative explaining the

29  changes in the covered group over the period between actuarial

30  valuations and the impact of those changes on actuarial

31  results.

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  1         3.  When substantial changes in actuarial assumptions

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

  3  actuarial assumption as of the current date based on the

  4  assumptions utilized in the prior actuarial report.

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

  6  in actuarial valuation results by the factors generating those

  7  changes.  Such analysis shall reconcile the current actuarial

  8  valuation results with those results from the prior valuation.

  9         5.  The study shall include measures of funding status

10  and funding progress designed to facilitate the assessment of

11  trends over several actuarial valuations with respect to the

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

13  by the division and shall be used consistently in all

14  actuarial valuations performed on the system.

15         6.a.  To implement the stabilization reserve, effective

16  January 1, 2000, and applicable each year thereafter, the

17  actuarial surplus will be assigned to stabilization surplus as

18  follows:  100 percent of actuarial surplus up to 5 percent of

19  actuarial liabilities, plus 50 percent of any remaining

20  surplus up to 5 percent actuarial liabilities and 25 percent

21  of any remaining actuarial surplus up to 5 percent of

22  actuarial liabilities. The maximum stabilization surplus shall

23  be 8.75 percent of actuarial liabilities. For fiscal year

24  2000-2001, a special allocation of $2,668,763,000 of any

25  actuarial surplus remaining after the assignment to

26  stabilization surplus shall be made to the Florida Retirement

27  System for funding of benefit improvements. Any remaining

28  actuarial surplus shall be deemed available surplus, to be

29  used as provided in sub-subparagraph b. If unfunded

30  liabilities are created by adverse experience, the

31  stabilization reserve will be used either to offset those

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  1  liabilities or to amortize those liabilities in accordance

  2  with regular valuation procedures.

  3         b.  Available surplus shall be used as follows:

  4         (I)  Twenty percent of available surplus shall be

  5  assigned to each Florida Retirement System membership class in

  6  the proportion that the actuarial surplus of that class bears

  7  to the total actuarial surplus. The remaining 80 percent of

  8  available surplus that remains shall roll over to the next

  9  valuation date.

10         (II)  The Legislature may, through legislative act,

11  assign some or all of the available surplus allocated to any

12  Florida Retirement System membership class as a one-time

13  lump-sum payment to fund actuarial liabilities created by

14  benefit improvements. Any remaining portion of available

15  surplus assigned to a membership class shall be used to reduce

16  the next fiscal year system normal cost requirements.

17         Section 21.  The following sums are appropriated from

18  recurring General Revenue Fund for fiscal year 2000-2001. The

19  sum of $921,000 is appropriated to the Justice Administrative

20  Commission for the purpose of paying the costs associated with

21  adding assistant state attorneys to the Senior Management

22  Service Class in the Florida Retirement System. The sum of

23  $605,000 is appropriated to the Justice Administrative

24  Commission for the purpose of paying the costs associated with

25  adding assistant public defenders to the Senior Management

26  Service Class in the Florida Retirement System. The sum of

27  $24,000 is appropriated to the Department of Legal Affairs,

28  Office of Statewide Prosecutor for the purpose of paying the

29  costs associated with adding assistant statewide prosecutors

30  to the Senior Management Service Class in the Florida

31  Retirement System.

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  1         Section 22.  Except as otherwise provided in this act,

  2  this act shall take effect July 1, 2000, and the Public

  3  Employee Optional Retirement Program created by this act shall

  4  be contingent upon:

  5         (1)  The Department of Management Services receiving a

  6  favorable determination letter and a favorable private-letter

  7  ruling from the Internal Revenue Service by May 1, 2002.

  8         (2)  The State Board of Administration having selected

  9  and contracted with the third-party administrator.

10         (3)  The third-party administrator having successfully

11  established data links with the employers participating in the

12  Florida Retirement System.

13         (4)  The education component of the Public Employee

14  Optional Retirement Program having been available for at least

15  90 days.

16         (5)  A diversified portfolio of financial instruments

17  having become available to participants of the Public Employee

18  Optional Retirement Program.

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                             SB 1352

  3

  4  The Committee Substitute incorporates the provisions of CS/SB
    1026 on enhanced benefits for the defined benefit plan in the
  5  Florida Retirement System (FRS) passed by the Senate on March
    20, 2000. It incorporates these changes into the format of the
  6  proposed House defined contribution bill, HB 2393. The key
    features of these combined issues are: five-year vesting for
  7  all employees in the FRS; calculation of average final
    compensation over a three-year as opposed to a five-year
  8  period; providing all members of the FRS an optional,
    portable, defined contribution pension choice with a
  9  proportional, graded vesting schedule beginning at two years
    and achieving full vesting at six years of service; giving
10  authority to the State Board of Administration for the
    procurement of a third-party administrator to provide the
11  infrastrucutre for the optional pension plan; providing for a
    competitive procurement of provider companies who must provide
12  competitive, low cost products and services; providing for a
    third-party educator to inform plan members of the voluntary
13  choice they have in changing plan types; providing strict
    quality assurance standards, federal tax law conformance,
14  fiduciary standards; providing for a July 1, 2000 effective
    date to the defined benefit plan changes and a two-year
15  delayed effect for the defined contribution plan changes;
    providing for the upgrading of prior service credit for active
16  members only of the special risk retirement class with service
    between 1978 and 1993; providing for the movement of
17  designated assistant state attorney, public defender and
    statewide prosecutor from the regular to senior management
18  class of the FRS; providing for designation of additional
    senior management members by units of local government;
19  providing for the inclusion of pilots of fixed wing aircraft
    in the special risk retirement class.
20

21

22

23

24

25

26

27

28

29

30

31

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