Senate Bill 1566

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    Florida Senate - 2000                                  SB 1566

    By Senators Silver, Holzendorf, Casas and Forman





    38-686-00

  1                      A bill to be entitled

  2         An act relating to public employee retirement

  3         systems; creating the Portable Retirement

  4         Option for Public Education Employees within

  5         the Florida Retirement System; providing

  6         legislative purpose; providing definitions;

  7         providing for administration of the plan;

  8         providing for contributions; providing for

  9         eligibility; providing for readmission;

10         providing for management; providing reporting

11         requirements; providing legislative intent;

12         providing an effective date.

13

14         WHEREAS, the State of Florida has a long history of

15  serving its employees and their dependents, survivors, and

16  beneficiaries with the basic protections afforded by

17  governmental retirement systems, and

18         WHEREAS, it is not the intent of this act to lessen the

19  state's responsibility to provide a fiscally responsible

20  retirement, disability, and health subsidy benefit for

21  education employees, and

22         WHEREAS, the state's employee workforce parallels that

23  of the nation's and reflects the growing trend in which the

24  typical worker holds multiple jobs and careers during his or

25  her lifetime, and

26         WHEREAS, the state's Workforce 2000 Study Commission

27  recommended to the 1998 Legislature that Florida "implement a

28  defined contribution retirement plan choice for the Florida

29  Retirement System employees and employers that is cost-neutral

30  in all significant aspects," and

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  1         WHEREAS, Florida's public school teachers, principals,

  2  district administrators, and other educational staff should

  3  have an option similar to that currently provided select

  4  higher education employees and specific management classes in

  5  the public sector, and

  6         WHEREAS, this option is a defined contribution plan

  7  that gives employees the ability to own, control, and direct

  8  their individual retirement programs and will greatly reduce

  9  the numbers of employees who receive no retirement benefits

10  because they do not hold their jobs long enough to vest, and

11         WHEREAS, such an optional retirement program should be

12  portable and permit employees greater freedom and flexibility,

13  thereby assisting employers in attracting and retaining a

14  quality workforce, NOW, THEREFORE,

15

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

17

18         Section 1.  Short title; legislative purpose;

19  definitions; creation of Public Education Employees Portable

20  Retirement Option; administration; eligibility; readmission;

21  employee education; management; reporting requirements.--

22         (1)  SHORT TITLE.--This section may be cited as the

23  "Public Education Employees Portable Retirement Option."

24         (2)  PURPOSE.--

25         (a)  This section requires the creation of an

26  alternative retirement option for current and future public

27  education employees. The purpose of this section is to require

28  the Florida Retirement System to provide a defined

29  contribution retirement option that is fully portable,

30  immediately vested, and fully funded on a current basis from

31  employer contributions. Further, the purpose of the Public

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  1  Education Employees Portable Retirement Option is to increase

  2  flexibility for employees to make the transition into other

  3  public or private employment; provide an immediate retirement

  4  benefit; increase options for addressing retirement needs,

  5  personal financial planning, and career transition; provide

  6  members with the opportunity to participate, contribute, and

  7  manage their retirement future; and provide a fair and

  8  reasonable value for employees who leave service before

  9  retirement.

10         (b)  In no event may the Florida Retirement System fail

11  to continue to offer membership in any retirement system open

12  on the effective date of this section to current employees,

13  new employees, or retirees as a result of implementing this

14  alternative retirement option.

15         (c)  The alternative retirement option required by this

16  section must be established and administered in accordance

17  with the requirements for qualified retirement plans under

18  section 401(a) of the Internal Revenue Code of 1986, as

19  amended.

20         (3)  DEFINITIONS.--As used in this section, the term:

21         (a)  "Accrued service benefit" means the amount of an

22  employee's accrued retirement benefit earned through the date

23  of election to participate in the portable retirement option.

24         (b)  "Actuarial equivalent" means a benefit of equal

25  value when computed upon the basis of an interest rate and

26  mortality tables adopted by the manager.

27         (c)  "Beneficiary" means the joint annuitant or any

28  other person, organization, estate, or trust fund designated

29  by the participant to receive a retirement benefit that may be

30  payable upon the participant's death.

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  1         (d)  "Compensation" means the remuneration paid an

  2  employee by the employer for work performed as defined in

  3  section 121.021(22), Florida Statutes.

  4         (e)  "Defined benefit plan" means the current

  5  retirement plan for education employees administered by the

  6  Florida Retirement System.

  7         (f)  "Defined contribution plan" means the new portable

  8  retirement option for education employees administered by the

  9  manager.

10         (g)  "Disability benefit" means benefits payable in the

11  event of disability as provided in paragraph (7)(g).

12         (h)  "Employee" means any public school employee who is

13  eligible to participate in the Florida Retirement System.

14         (i)  "Employer" means any public school district.

15         (j)  "Employer contribution" means an amount deposited

16  into the participant's employer contribution account

17  periodically, coinciding with the employee's regular pay

18  period, by an employer from its own funds.

19         (k)  "Existing employee" means any employee as of the

20  date of implementation of the portable retirement option.

21         (l)  "Existing retirement system" means any state or

22  local public retirement system in existence upon the

23  employer's implementation of the portable retirement option,

24  including, but not limited to, those established under

25  sections 121.011, 122.01, 122.05, 238.01, and 240.3195,

26  Florida Statutes.

27         (m)  "Health benefit subsidy" means benefits provided

28  by employer contributions as provided by paragraph (6)(a).

29         (n)  "Implementation date" means July 1, 2001.

30         (o)  "Individual account" means an account established

31  for each participant to record the deposit of contributions to

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  1  the portable retirement option. An employer contribution

  2  account is maintained for employer contributions and earnings

  3  thereon. A participant contribution account is maintained for

  4  the participant contributions to the portable retirement

  5  option and earnings thereon.

  6         (p)  "Manager" means the Division of Retirement, which

  7  is the agency assigned administrative responsibility for the

  8  implementation of the portable retirement option.

  9         (q)  "Participant" means an employee who elects to

10  participate in the portable retirement option.

11         (r)  "Participant contribution" means an amount

12  contributed voluntarily to the participant contribution

13  account.

14         (s)  "Portable retirement option" means the alternative

15  portable retirement option plan created by this section for

16  education employees, with contributions accumulating in an

17  individual account and in which the participant chooses the

18  investment approach for his or her retirement funds.

19         (t)  "Portable retirement option commission" means the

20  commission assigned the responsibility for overseeing the

21  implementation of the plan; approval of additional plan

22  vendors; selection of the vendor providing transfer education;

23  disability coverage; and the ongoing oversight of plan service

24  providers.

25         (u)  "Retirement" means an employee's withdrawal from

26  the active employment of an employer and completion of all

27  conditions precedent to retirement.

28         (v)  "Transfer education" means a specific education

29  effort designed to assist existing members in making the

30  decision to transfer to the new portable retirement option or

31  remain in the Florida Retirement System.

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  1         (4)  CREATION.--The Florida Retirement System shall

  2  establish and implement a portable retirement option for

  3  existing and future public education employees under which

  4  contracts providing retirement, death, and disability benefits

  5  may be purchased for employees.

  6         (5)  ELIGIBILITY AND PARTICIPATION.--

  7         (a)  Any public education employee except an employee

  8  electing to participate in the optional retirement program

  9  established under section 121.35, Florida Statutes, or the

10  Senior Management Service Optional Annuity Program established

11  under section 121.055, Florida Statutes, may voluntarily elect

12  membership in the portable retirement option on or after the

13  implementation date, as provided in this section. Such

14  employees electing to participate in the portable retirement

15  option may not continue to participate in any applicable

16  existing retirement system, but may participate in applicable

17  supplemental plans, including those offered under ss. 403(b)

18  and 457 of the Internal Revenue Code.

19         (b)  Existing employees electing to participate in the

20  portable retirement option must provide written notice to the

21  employer and the Florida Retirement System on a form provided

22  by the manager and signed by the employee of their election

23  and the provider they have chosen. Transfer procedures shall

24  be established by the Florida Retirement System. Each employee

25  will have an election period of not less than 90 days after

26  the implementation date of the portable retirement option. In

27  addition, the portable retirement option plan shall be open to

28  employee transfers from the Florida Retirement System for 90

29  days as of June 1 of each year after the implementation date,

30  but transfer under the reopening periods is not permissible

31  for employees who have reached their normal retirement date.

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  1  Employees failing to make an election during the applicable

  2  time period will automatically remain in the Florida

  3  Retirement System. A decision to transfer from the Florida

  4  Retirement System to the portable retirement option is

  5  irrevocable. The Florida Retirement System, within 45 days

  6  after notification, shall transfer to the named provider a

  7  payment equal to the actuarial equivalent single-sum value of

  8  the employee's accrued service benefit on the date of

  9  transfer. The amount so transferred shall be credited to the

10  employee's employer contribution account.

11         (c)  New employees electing to participate in the

12  portable retirement option must provide written notice to the

13  employer and the Florida Retirement System of their election

14  and the provider they have chosen. Employees who fail to elect

15  to participate in the portable retirement option will

16  automatically participate in the current deferred benefit

17  plan. A new employee shall have the limited right to transfer

18  from the Florida Retirement System to the portable retirement

19  option under the same terms and conditions as existing

20  employees under paragraph (b), as if the date of employment

21  were the date of implementation.

22         (6)  CONTRIBUTIONS.--

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

24  participant in the portable retirement option an amount equal

25  to 10 percent of compensation, plus the portion of the

26  contribution rate required in section 112.363(8), Florida

27  Statutes, which would otherwise be assigned to the Retiree

28  Health Insurance Subsidy Trust Fund, less an amount approved

29  by the manager which shall be deducted to provide for the

30  administration of the portable retirement option.

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  1         (b)  The payment of the contributions to the portable

  2  retirement option that is required by this subsection for each

  3  participant and any voluntary participant contributions shall

  4  be made by the employer to the designated provider contracting

  5  for payment of benefits for the participant under the program.

  6  Each participant shall vest immediately in all employer

  7  contributions.

  8         (c)  Participants may make voluntary contributions to

  9  their accounts according to procedures established by the

10  manager, subject to the limitations of the Internal Revenue

11  Code.

12         (7)  BENEFITS.--

13         (a)  Benefits shall be payable under the portable

14  retirement option to a participant or his or her beneficiary

15  as designated by the participant in the contract with a

16  provider company, and such benefits shall be paid only by the

17  designated company in accordance with the terms of the annuity

18  contract or contracts applicable to the participant. The

19  participant must be terminated from all employment with

20  Florida Retirement System employers, as provided in section

21  121.021(39), Florida Statutes, to begin receiving the

22  employer-funded benefit. In the event of the participant's

23  death, benefits will be available as if the participant

24  retired on the day the participant died. In the event of

25  disability, benefits will be available as if the participant

26  retired on the date of disability, and supplemental disability

27  benefits may be available as provided in paragraph (g).

28         (b)  The benefits payable to any person under the

29  portable retirement option, and any contribution accumulated

30  under such program, shall not be subject to assignment,

31  execution, or attachment or to any legal process.

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  1         (c)  A participant who chooses to receive his or her

  2  benefits upon termination of employment must notify the

  3  provider company of the date on which he or she wishes the

  4  benefits funded by employer contributions to begin. Benefits

  5  may be deferred until the participant chooses to make such

  6  application.

  7         (d)  Benefits funded by the participant contributions

  8  may be paid out at any time and in any form within the limits

  9  provided in the contract between the participant and his or

10  her provider company. The participant shall notify the

11  provider company regarding the date and provisions under which

12  he or she wants to receive the participant-funded portion of

13  the plan.

14         (e)  Each participant may, on a form provided for that

15  purpose, signed and filed with the manager, designate a choice

16  of one or more persons, named sequentially or jointly, as his

17  or her beneficiaries who will receive the benefits that are

18  payable in the event of the participant's death pursuant to

19  the provisions of the portable retirement option. If no

20  beneficiary is named, or if no beneficiary designated by the

21  participant survives the participant, the beneficiary is the

22  spouse of the deceased, if living. If the participant's spouse

23  is not alive at his or her death, the beneficiary is the

24  living children of the participant. If no children survive,

25  the beneficiary is the participant's father or mother, if

26  living; otherwise, the beneficiary is the participant's

27  estate. The beneficiary most recently designated by a

28  participant on a form or letter filed with the manager will be

29  the beneficiary entitled to any benefits payable at the time

30  of the participant's death.

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  1         (f)  The manager is directed to develop a variety of

  2  standard distribution options for employees participating in

  3  the portable retirement options, in the event of death,

  4  disability, retirement, or termination. The balance of

  5  participant accounts will be disbursed in accordance with

  6  these options.

  7         (g)  The manager will design disability coverage for

  8  members in the portable retirement option, to be provided from

  9  external providers approved by the Portable Retirement Option

10  Commission, so that portable retirement option benefits plus

11  supplemental disability benefits are comparable to the amount

12  of benefits provided under the Florida Retirement System, and

13  contributions to fund the disability coverage will be provided

14  from the employer contribution allocation.

15         (8)  READMISSION TO THE PLAN.--

16         (a)  Any employee who terminates employment while

17  covered under the Florida Retirement System defined benefit

18  plan and then is later reemployed by an employer shall be

19  eligible for membership in either the defined benefit plan or

20  the portable retirement option. Members whose employment

21  terminates while covered under the portable retirement option

22  and who are later reemployed shall be eligible for membership

23  in the portable retirement option plan only and may have their

24  contributions to that plan restored subject to rules

25  established by the manager.

26         (b)  An employee whose employment with a former

27  employer or an existing employer is suspended as a result of

28  an approved leave of absence, approved maternity or paternity

29  break in service, or any other approved break in service

30  authorized by an employer is eligible for readmission to the

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  1  plan in which he or she was a member at the time the break in

  2  service began.

  3         (c)  In all cases in which a question exists as to the

  4  readmission to membership in a plan, the manager shall decide

  5  the question.

  6         (9)  TRANSFER EDUCATION PROGRAM.--

  7         (a)  The manager shall supervise a comprehensive

  8  transfer education program, to be available to all eligible

  9  education employees. The program shall be provided by an

10  independent counseling specialist selected by the Portable

11  Retirement Option Commission.

12         (10)  IMPLEMENTATION AND OVERSIGHT.--

13         (a)  There is created a Portable Retirement Option

14  Commission. The commission is responsible for overseeing the

15  implementation of the portable retirement option, approving

16  additional plan providers, selecting counselors or specialists

17  to deliver a transfer education program, disability coverage,

18  and approving policy and procedures as recommended by the

19  manager. These responsibilities will terminate July 1, 2001.

20  Thereafter, the commission will continue to meet annually to

21  monitor ongoing plan activities, approve changes in plan

22  services, and provide an annual status report to the Governor

23  and the Legislature.

24         (b)  The commission shall be composed of the following

25  members:  The chairperson shall be selected by a vote of

26  members. One member must be a school board member selected by

27  the Florida School Boards Association, one member must be a

28  district superintendent selected by the Florida Association of

29  District School Superintendents, and one member must be a

30  school administrator selected by the Florida Association of

31  School Administrators. Two members must be teachers with one

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  1  selected by the Florida Teaching Profession-National Education

  2  Association/United and the second selected by the Florida

  3  Education Association/United, and two members must be

  4  educational support employees with one selected by the Florida

  5  Teaching Profession-National Education Association/United and

  6  the second selected by the Florida Education

  7  Association/United. Commissioners shall serve for 2 years,

  8  except that, for the initial appointment, three of the

  9  commission members shall be appointed for 1-year terms and

10  four for 2-year terms, as determined by the majority of the

11  membership.

12         (c)  The manager shall be responsible for providing

13  staff support to the commission for its functions, and as

14  facilitator for commission meetings. The manager shall also

15  provide information, advice, and counsel as requested by the

16  commission in carrying out its duties.

17         (d)  Subject to the requirements of paragraph (a), the

18  manager is authorized to exercise all powers necessary to

19  effectuate the provisions of this section. The manager shall

20  delegate to service providers the day-to-day operations of the

21  plan. Administrative costs shall be paid from the employer

22  contributions as provided by paragraph (6)(a); any other

23  administrative costs must be paid from the accounts of the

24  participants in the portable retirement option.

25         (11)  MANAGEMENT OF THE PLAN.--

26         (a)  The Division of Retirement shall act as manager of

27  the portable retirement option. The manager shall identify

28  plan providers for the portable retirement option. Plan

29  providers shall include the plan providers included in the

30  optional retirement plan pursuant to section 121.35, Florida

31  Statutes. Through a competitive bidding process, the manager

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  1  shall select additional providers, one of which must be a

  2  provider who can offer one or more mutual fund options. No

  3  more than three additional providers shall be selected. In

  4  addition to the required mutual fund option, the manager may

  5  consider a group annuity contract, individual retirement

  6  annuities, interests in trusts, additional mutual funds, or

  7  other financial instruments as necessary or appropriate for

  8  the plan to provide retirement and related benefits comparable

  9  to those provided in the existing retirement systems. The

10  manager shall consider all of the following in selecting

11  additional plan providers:

12         1.  The experience of the plan provider in 10 other

13  states that provide retirement annuities or trusteed mutual

14  fund arrangements as defined contribution primary pension

15  plans for public employees.

16         2.  The financial stability of the plan provider as

17  shown by national rating services.

18         3.  The intrastate and interstate portability of the

19  product offered by the plan provider, including flexibility in

20  offering early withdrawal options.

21         4.  Product compliance with the Internal Revenue Code.

22         5.  The ratio of assigned plan provider employees to

23  participants.

24         6.  The ability of the plan provider to coordinate and

25  apply employer contribution data with the employer.

26         7.  The capability of the plan provider to meet the

27  selection criteria.

28         8.  The educational services of the plan provider,

29  including personal counseling, group seminars, and

30  retirement-related financial planning services.

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  1         (b)  As part of the investment options available in

  2  paragraph (a), each provider must offer a conservative asset

  3  allocation option for those members who choose not to actually

  4  manage their accounts.

  5         (c)  The manager shall develop and recommend policy

  6  procedures needed for the selection process and the selection

  7  of additional plan providers, subject to the approval of the

  8  commission.

  9         (d)  Subject to paragraph (a), the manager shall

10  periodically review each plan provider to ensure compliance

11  with the selection criteria established in this section.

12  Pursuant to review, plan provider contracts that are not in

13  compliance may be terminated. New plan services may be added

14  as a result of the annual review, with providers selected

15  through an open competitive process. Subject to any applicable

16  requirement in the agreement, the manager may provide for the

17  transfer of a participant's individual account to another

18  approved plan provider selected by the participant.

19         (e)  The manager, working cooperatively with the school

20  districts, will develop the policies and procedures necessary

21  for the local administration of the portable retirement

22  option. Ongoing plan administration shall be under the

23  coordination of each local employer in conjunction with the

24  service providers.

25         (12)  REPORTING REQUIREMENTS.--

26         (a)  The applicable service providers shall prepare or

27  cause to be prepared, at least quarterly, a statement for each

28  participant's individual account. The statement shall include

29  the current market value of the account, including earnings or

30  losses, self-directed investment options, an itemization of

31  changes in the account contributions for the period, and other

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  1  information required by the manager. Service providers shall

  2  provide summary reports to the employer annually.

  3         Section 2.  The Legislature finds that a proper and

  4  legitimate state purpose is served when employees and retirees

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

  6  dependents, survivors, and beneficiaries of such employees and

  7  retirees, are extended the basic protections afforded by

  8  governmental retirement systems that provide fair and adequate

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

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

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

12  Statutes. Therefore, the Legislature finds and declares that

13  the provisions of this act fulfill an important state

14  interest.

15         Section 3.  Construction.--

16         (1)  The retirement plan created by this act shall be

17  administered so as to comply with the Federal Internal Revenue

18  Code, Title 26 U.S.C., and specifically with plan

19  qualification requirements imposed on governmental plans by

20  section 401(a) of the Internal Revenue Code.

21         (2)  Any section or provision of this act which may be

22  susceptible to more than one construction shall be interpreted

23  in favor of the construction most likely to satisfy

24  requirements imposed by section 401(a) of the Internal Revenue

25  Code.

26         (3)  If any provision of this act is found to be in

27  conflict with the plan qualification requirements for the

28  governmental plans in section 401(a) of the Internal Revenue

29  Code, the conflicting provision is inoperative solely to the

30  extent of the conflict, and such finding shall not affect the

31  operation of the remainder of this act.

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  1         Section 4.  This act shall take effect July 1, 2000.

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  4                          SENATE SUMMARY

  5    Creates a portable retirement option, which is a defined
      contribution plan, for eligible public education
  6    employees. Prescribes duties of the Division of
      Retirement and qualifications for and duties of plan
  7    providers. Creates a Portable Retirement Option
      Commission, with duties for plan implementation and
  8    responsibility for continuing oversight.

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