CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Lawson and Turnbull offered the following:

12

13         Amendment (with title amendment) 

14         On page 42, line 6 through page 56, line 9

15  remove from the bill:  all of said lines

16

17  and insert in lieu thereof:

18         Section 4.  Effective July 1, 2001, subsections (29)

19  and (45) of section 121.021, Florida Statutes, are amended to

20  read:

21         121.021  Definitions.--The following words and phrases

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

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

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

                                  1

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





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

                                  2

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





 1  a member is eligible to receive a future retirement benefit

 2  upon completion of the required years of creditable service

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

 4  may have terminated covered employment before reaching normal

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

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

 7  an injury or disease that occurs after termination of covered

 8  employment.

 9         (b)  Effective July 1, 2001, a 5-year vesting

10  requirement shall be implemented for the Florida Retirement

11  System.  Pursuant thereto:

12         1.  Any member employed in a regularly established

13  position on July 1, 2001, who completes or has completed a

14  total of 5 years of creditable service will be considered

15  vested as described in paragraph (a).

16         2.  Any member not employed in a regularly established

17  position on July 1, 2001, will be deemed vested upon

18  completion of 5 years of creditable service, provided that

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

20  work year after July 1, 2001.  However, no member shall be

21  required to complete more years of creditable service than

22  would have been required for that member to vest under

23  retirement laws in effect before July 1, 2001.

24         Section 5.  Effective July 1, 2001, paragraph (a) of

25  subsection (2) of section 121.051, Florida Statutes, is

26  amended to read:

27         121.051  Participation in the system.--

28         (2)  OPTIONAL PARTICIPATION.--

29         (a)1.  Any officer or employee who is a member of an

30  existing system, except any officer or employee of any

31  nonprofit professional association or corporation, may elect,

                                  3

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





 1  if eligible, to become a member of this system at any time

 2  between April 15, 1971, and June 1, 1971, inclusive, by

 3  notifying his or her employer in writing of the desire to

 4  transfer membership from the existing system to this system.

 5  Any officer or employee who was a member of an existing system

 6  on December 1, 1970, and who did not elect to become a member

 7  of this system shall continue to be covered under the existing

 8  system subject to the provisions of s. 121.045.  A person who

 9  has retired under any state retirement system shall not be

10  eligible to transfer to the Florida Retirement System created

11  by this chapter subsequent to such retirement.  Any officer or

12  employee who, prior to July 1, 1947, filed a written rejection

13  of membership in a state retirement system and who continues

14  employment without participating in the Florida Retirement

15  System may withdraw the rejection in writing and, if otherwise

16  eligible, participate in the Florida Retirement System and

17  purchase prior service in accordance with this chapter.  Any

18  former member of an existing system who was permitted to

19  transfer to the Florida Retirement System while employed by

20  the University Athletic Association, Inc., a nonprofit

21  association connected with the University of Florida, during

22  this or subsequent transfer periods, contrary to the

23  provisions of this paragraph, is hereby confirmed as a member

24  of the Florida Retirement System, the provisions of this

25  paragraph to the contrary notwithstanding.  Any officer or

26  employee of the University Athletic Association, Inc.,

27  employed prior to July 1, 1979, who was a member of the

28  Florida Retirement System and who chose in writing on a

29  University Athletic Association Plan Participation Election

30  form, between July 1, 1979, and March 31, 1980, inclusively,

31  to terminate his or her participation in the Florida

                                  4

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





 1  Retirement System shall hereby have such termination of

 2  participation confirmed and declared irrevocable retroactive

 3  to the date Florida Retirement System retirement contributions

 4  ceased to be reported for such officer or employee.  The

 5  following specific conditions shall apply to any such officer

 6  or employee whose participation was so terminated: The officer

 7  or employee shall retain all creditable service earned in the

 8  Florida Retirement System through the month that retirement

 9  contributions ceased to be reported and no creditable service

10  shall be earned after such month; the officer or employee

11  shall not be eligible for disability retirement or death in

12  line of duty benefits if such occurred after the date that

13  participation terminated; and, the officer or employee may

14  participate in the Florida Retirement System in the future

15  only if employed by a participating employer in a regularly

16  established position.

17         2.  Any member transferring from the existing system

18  under chapter 238 shall retain rights to survivor benefits

19  under that chapter through November 30, 1975, or until fully

20  insured for disability benefits under social security,

21  whichever is the earliest date, and thereafter no such rights

22  shall exist.

23         3.  Any officer or employee who is a member of an

24  existing system on April 15, 1972, and who was eligible to

25  transfer to this system under the provisions of subparagraph

26  1., but who elected to remain in the existing system, may

27  elect, if eligible under the Social Security Act, 42 U.S.C. s.

28  418(d)(6)(F), to become a member of this system at any time

29  between April 15, 1972, and June 30, 1972, inclusive, by

30  notifying his or her employer in writing of the desire to

31  transfer membership from an existing system to this system.

                                  5

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





 1  Such transfer shall be subject to the following conditions:

 2         a.  All persons electing to transfer to the Florida

 3  Retirement System under this subparagraph shall be transferred

 4  on July 1, 1972, and shall thereafter be subject to the

 5  provisions of the Florida Retirement System retroactively to

 6  November 30, 1970, and at retirement have their benefits

 7  calculated in accordance with the provisions of s. 121.091.

 8         b.  Social security coverage incidental to such

 9  elective membership in the Florida Retirement System shall be

10  effective November 30, 1970, and all amounts required from a

11  member for retroactive social security coverage shall, at the

12  time such election is made, be deducted from the individual

13  account of the member, and the difference between the amount

14  remaining in the individual account of such member and the

15  total amount which such member would have contributed had he

16  or she become a member of the Florida Retirement System on

17  November 30, 1970, shall be paid into the system trust fund

18  and added to the member's individual account prior to July 1,

19  1975, or by his or her date of retirement, if earlier.

20  Interest at the rate of 8 percent per annum, compounded

21  annually until paid, shall be charged on any balance remaining

22  unpaid on said date.

23         c.  There is appropriated out of the system trust fund

24  into the Social Security Contribution Trust Fund the amount

25  required by federal laws and regulations to be contributed

26  with respect to social security coverage for the years after

27  November 30, 1970, of the members of an existing system who

28  transfer to the Florida Retirement System in accordance with

29  this subparagraph and who qualify for retroactive social

30  security coverage.  The amount paid from this appropriation

31  with respect to the employees of any employer shall be charged

                                  6

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





 1  to the employing agency.  There shall be credited against this

 2  charge the difference between the matching contributions

 3  actually made for the affected employees from November 30,

 4  1970, to June 30, 1972, and the amount of matching

 5  contributions that would have been required under the Florida

 6  Retirement System.

 7         d.  The net amounts charged the employing agencies for

 8  employees transferring to the Florida Retirement System under

 9  this subparagraph shall be paid to the system trust fund prior

10  to July 1, 1975.  Interest at the rate of 8 percent per annum,

11  compounded annually until paid, shall be charged on any

12  balance remaining unpaid on said date.

13         e.  The administrator shall request such modification

14  of the state's agreement with the Social Security

15  Administration, or any referendum required under the Social

16  Security Act governing social security coverage, as may be

17  required to implement the provisions of this law.  Retroactive

18  social security coverage for service with an employer prior to

19  November 30, 1970, shall not be provided for any member who

20  was not covered under the agreement as of November 30, 1970.

21         4.  Any officer or employee who was a member of an

22  existing system on December 1, 1970, and who is still a member

23  of an existing system, except any officer or employee of any

24  nonprofit professional association or corporation, may elect,

25  if eligible, to become a member of this system at any time

26  between September 1, 1974, and November 30, 1974, inclusive,

27  by notifying his or her employer in writing of the desire to

28  transfer membership from the existing system to this system.

29  This decision to transfer or not to transfer shall become

30  irrevocable on November 30, 1974.  All members electing to

31  transfer during the transfer period shall become members of

                                  7

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





 1  the Florida Retirement System on January 1, 1975, and shall be

 2  subject to the provisions of the Florida Retirement System on

 3  and after that date.  Any officer or employee who was a member

 4  of an existing system on December 1, 1970, and who does not

 5  elect to become a member of this system shall continue to be

 6  covered under the existing system, subject to the provisions

 7  of s. 121.045.  Any member transferring from the Teachers'

 8  Retirement System of Florida under chapter 238 to the Florida

 9  Retirement System on January 1, 1975, shall retain rights to

10  survivor benefits under chapter 238 from January 1, 1975,

11  through December 31, 1979, or until fully insured for

12  disability benefits under the Social Security Act, whichever

13  is the earliest date, and thereafter no such rights shall

14  exist.

15         5.a.  Any officer or employee who was a member of an

16  existing system on December 1, 1970, and who is still a member

17  of an existing system, except any officer or employee of any

18  nonprofit professional association or corporation, may elect,

19  if eligible, to become a member of this system at any time

20  between January 2, 1982, and May 31, 1982, inclusive, by

21  notifying his or her employer in writing of the desire to

22  transfer membership from the existing system to this system.

23  This decision to transfer or not to transfer shall become

24  irrevocable on May 31, 1982.  All members electing to transfer

25  during the transfer period shall become members of the Florida

26  Retirement System on July 1, 1982, and shall be subject to the

27  provisions of the Florida Retirement System on and after that

28  date.  Any officer or employee who was a member of an existing

29  system on December 1, 1970, and who does not elect to become a

30  member of this system shall continue to be covered under the

31  existing system, subject to the provisions of s. 121.045.  Any

                                  8

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





 1  member transferring from the Teachers' Retirement System under

 2  chapter 238 to the Florida Retirement System on January 1,

 3  1979, shall retain rights to survivor benefits under chapter

 4  238 from January 1, 1979, through December 31, 1983, or until

 5  fully insured for disability benefits under the federal Social

 6  Security Act, whichever is the earliest date, and thereafter

 7  no such rights shall exist.  Any such member transferring to

 8  the Florida Retirement System on July 1, 1982, shall retain

 9  rights to survivor benefits under chapter 238 from July 1,

10  1982, through June 30, 1987, or until fully insured for

11  disability benefits under the federal Social Security Act,

12  whichever is the earliest date, and thereafter no such rights

13  shall exist.

14         b.  Any deficit, as determined by the state actuary,

15  accruing to the Survivors' Benefit Trust Fund of the Teachers'

16  Retirement System and resulting from the passage of chapter

17  78-308, Laws of Florida, and chapter 80-242, Laws of Florida,

18  shall become an obligation of the Florida Retirement System

19  Trust Fund.

20         6.  Any active member of an existing system who was not

21  employed in a covered position during a time when transfer to

22  the Florida Retirement System was allowed as described in rule

23  22B-1.004(2)(a), Florida Administrative Code, or as provided

24  in paragraph (1)(c) of this section, may elect, if eligible,

25  to become a member of this system at any time between January

26  1, 1991, and May 29, 1991, inclusive, by notifying his or her

27  employer in writing of the desire to transfer membership from

28  the existing system to this system.  The decision to transfer

29  or not to transfer shall become irrevocable on May 29, 1991.

30  Failure to notify the employer shall result in compulsory

31  membership in the existing system.  All members electing to

                                  9

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





 1  transfer during the transfer period shall become members of

 2  the Florida Retirement System on July 1, 1991, and shall be

 3  subject to the provisions of the Florida Retirement System on

 4  and after that date.  Any member so transferring from the

 5  existing system under chapter 238 to the Florida Retirement

 6  System on July 1, 1991, shall retain rights to survivor

 7  benefits under that chapter from July 1, 1991, through June

 8  30, 1996, or until fully insured for benefits under the

 9  federal Social Security Act, whichever is the earliest date,

10  and thereafter no such rights shall exist.

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

12  121.0515, Florida Statutes, is amended to read:

13         121.0515  Special risk membership; criteria;

14  designation and removal of classification; credits for past

15  service and prior service; retention of special risk normal

16  retirement date.--

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.

                                  10

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





 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 7.  Effective July 1, 2001, subsection (8) and

 9  paragraphs (b) and (c) of subsection (12) of section 121.052,

10  Florida Statutes, are amended to read:

11         121.052  Membership class of elected officers.--

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

13  member of the Elected Officers' Class shall have the same

14  normal retirement date as defined in s. 121.021(29) for a

15  member of the regular class of the Florida Retirement System,

16  except that only 8 years of creditable service in this class

17  are needed to attain the normal retirement date specified in

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

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

20  1979, after attaining at least 8 years of creditable service

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

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

23  121.021(29)(a).

24         (12)  BENEFITS.--

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

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

27  retirement ages, early retirement, disability retirement,

28  termination benefits, optional forms of retirement,

29  designation of beneficiaries, employment after retirement, and

30  method of computing actuarial equivalent, respectively, shall

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

                                  11

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





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

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

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

 4  make them compatible with the provisions of this section.

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

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

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

 8  make them compatible with the provisions of this section;

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

10  needed to obtain such benefits, except that:

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

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

13  class of the Florida Retirement System, or any other

14  state-administered retirement system, if the official had

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

16  spouse may elect to leave the official's retirement

17  contributions in the retirement trust fund and pay into said

18  fund any required contributions which would have been paid by

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

20  the term of office.

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

22  described in subparagraph 1. previously received a refund of

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

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

25  amount equal to the deceased member's contributions previously

26  refunded, together with interest at 4 percent compounded

27  annually on the amount of such refunded contributions from the

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

29  compounded annually thereafter to the date of payment, plus

30  such additional contributions as may be required under

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

                                  12

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





 1

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

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

 4  trust fund such additional or refunded contributions, plus

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

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

 7  after accumulating the required number of years of creditable

 8  service as described herein.

 9         Section 8.  Effective July 1, 2001, paragraph (a) of

10  subsection (1) of section 121.053, Florida Statutes, is

11  amended to read:

12         121.053  Participation in the Elected Officers' Class

13  for retired members.--

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

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

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

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

18  entitled to receive an additional retirement benefit for such

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

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

21  follows:

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

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

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

25  or her intent to purchase elected officer service prior to

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

27  for the period being claimed, plus 4 percent interest

28  compounded annually from the first year of service claimed

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

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

31  Retirement System Trust Fund; however, such member may

                                  13

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





 1  purchase retirement credit under the Elected Officers' Class

 2  only for such service as an elected officer.

 3         2.  Upon payment of the amount specified in

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

 5  Retirement System Trust Fund the applicable employer

 6  contribution for the period of elected officer service prior

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

 8  interest compounded annually from the first year of service

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

10  compounded annually thereafter, until full payment is made to

11  the Florida Retirement System Trust Fund.

12         Section 9.  Effective July 1, 2001, paragraph (b) of

13  subsection (4) of section 121.055, Florida Statutes, is

14  amended to read:

15         121.055  Senior Management Service Class.--There is

16  hereby established a separate class of membership within the

17  Florida Retirement System to be known as the "Senior

18  Management Service Class," which shall become effective

19  February 1, 1987.

20         (4)

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

22  1, 1987, or after January 31, 1987, shall satisfy the

23  requirement of attaining the normal retirement date as defined

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

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

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

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

28  service in an eligible position shall be required to satisfy

29  the requirements for the normal retirement date for a regular

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

31         Section 10.  Effective July 1, 2001, paragraph (i) of

                                  14

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





 1  subsection (1) and paragraph (b) of subsection (2) of section

 2  121.081, Florida Statutes, are amended to read:

 3         121.081  Past service; prior service;

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

 5  service may be claimed and credited are:

 6         (1)

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

 8  a state-administered retirement system and who was granted

 9  educational leave with pay pursuant to a written educational

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

11  leave as past service subject to the following conditions:

12         1.  The educational leave must have occurred prior to

13  December 31, 1971;

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

15  of creditable service excluding the period of the educational

16  leave;

17         3.  The employee must have returned to employment with

18  a state agency employer who participated in the retirement

19  system, which return was immediately upon termination of the

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

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

22  employment;

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

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

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

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

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

28  state or federal retirement system; and

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

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

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

                                  15

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





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

 2  claimed, plus 4 percent interest thereon compounded annually

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

 4  1, 1975, and 6.5 percent interest thereafter on the unpaid

 5  balance compounded annually each June 30 until paid.

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

 7  be claimed as creditable service under the Florida Retirement

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

 9  of creditable service within a period of 12 consecutive

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

11  as a participant of the optional retirement program for the

12  State University System under s. 121.35 or the Senior

13  Management Service Optional Annuity Program under s. 121.055

14  may be used to satisfy the reemployment requirement of 1

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

16  permitted to make any contributions for prior service until

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

18  required contributions for claiming the various types of prior

19  service are:

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

21  system became becomes noncontributory for the member, and for

22  which the member had credit under the Florida Retirement

23  System and received a refund of contributions upon termination

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

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

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

27  percent interest compounded annually from the date of refund

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

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

30  Florida Retirement System Trust Fund.

31         Section 11.  Effective July 1, 2001, paragraph (a) of

                                  16

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





 1  subsection (1) and paragraphs (a), (h), and (j) of subsection

 2  (4) of section 121.091, Florida Statutes, are amended to read:

 3         121.091  Benefits payable under the system.--Benefits

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

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

 6  begun participation in the Deferred Retirement Option Program

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

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

 9  department may cancel an application for retirement benefits

10  when the member or beneficiary fails to timely provide the

11  information and documents required by this chapter and the

12  department's rules. The department shall adopt rules

13  establishing procedures for application for retirement

14  benefits and for the cancellation of such application when the

15  required information or documents are not received.

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

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

18  the administrator, shall receive a monthly benefit which shall

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

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

21  thereafter during his or her lifetime. The normal retirement

22  benefit, including any past or additional retirement credit,

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

24  The amount of monthly benefit shall be calculated as the

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

26  applicable, as set forth below:

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

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

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

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

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

                                  17

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





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

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

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

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

 5  final compensation.

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

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

 8  compensation for all creditable years prior to October 1,

 9  1974;

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

11  final compensation for all creditable years after September

12  30, 1974, and before October 1, 1978;

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

14  compensation for all creditable years after September 30,

15  1978, and before January 1, 1989;

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

17  member's final monthly compensation for all creditable years

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

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

20  member's average final compensation for all creditable years

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

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

23  member's average final compensation for all creditable years

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

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

26  member's average final compensation for all creditable years

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

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

29  final compensation for all creditable years after December 31,

30  1992;

31         3.  For creditable years of Senior Management Service

                                  18

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





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

 2         4.  For creditable years of Elected Officers' Class

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

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

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

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

 7  percent of average final compensation;

 8         (4)  DISABILITY RETIREMENT BENEFIT.--

 9         (a)  Disability retirement; entitlement and effective

10  date.--

11         1.  A member who becomes totally and permanently

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

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

14  and permanently disabled in the line of duty regardless of

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

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

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

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

19  completed 10 years of creditable service prior to becoming

20  totally and permanently disabled in order to receive

21  disability retirement benefits for any disability which occurs

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

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

24  as of that date, becomes totally and permanently disabled

25  after completing 5 years of creditable service and is found

26  not to have attained fully insured status for benefits under

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

28  to a monthly disability benefit.

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

30  required documentation of the member's termination of

31  employment, the effective retirement date for a member who

                                  19

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





 1  applies and is approved for disability retirement shall be

 2  established by rule of the division.

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

 4  payments, the effective disability retirement date may not

 5  precede the date the member reaches Maximum Medical

 6  Improvement (MMI), unless the member terminates employment

 7  prior to reaching MMI.

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

 9  require periodic reexaminations at the expense of the

10  retirement fund. The division may adopt rules establishing

11  procedures for conducting and review of such reexaminations.

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

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

14  her normal retirement date, no longer disabled, the

15  administrator shall direct that the benefits be discontinued.

16  The decision of the administrator on this question shall be

17  final and binding. If such member:

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

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

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

21  her accumulated contributions over the total disability

22  benefits received up to the date of recovery.

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

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

25  elect to receive:

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

27  accumulated contributions over the total disability benefits

28  received up to the date of recovery; or

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

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

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

                                  20

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





 1  lifetime.  The amount of such monthly benefit shall be

 2  computed in the same manner as for a normal retirement

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

 4  on average monthly compensation and creditable service as of

 5  the member's disability retirement date.

 6         c.  Reenters employment of an employer within 6 months

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

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

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

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

11  be considered as creditable service for the purpose of

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

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

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

15  contributions as of the disability retirement date over the

16  total disability benefits received under paragraph (e).

17         d.  Terminates his or her disability benefit, reenters

18  covered employment, and is continuously employed for a minimum

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

20  creditable service the months during which he or she was

21  receiving a disability benefit, upon payment of the required

22  contributions.  Contributions shall equal the total required

23  employee and employer contribution rate applicable during the

24  period the retiree received retirement benefits, multiplied

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

26  commencement of disability retirement for each month of the

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

28  and 6.5 percent interest thereafter, compounded annually each

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

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

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

                                  21

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





 1  retirement. Such credit for periods of disability, when

 2  purchased under the Florida Retirement System, shall apply

 3  toward vesting requirements for eligibility to purchase

 4  additional credit for other service.

 5         2.  Both the member receiving disability benefits who

 6  reenters employment and the employer employing such disability

 7  retiree shall notify the division immediately upon

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

 9  disability benefits, effective the first day of the month

10  following the month in which notification of recovery is

11  received. If the member is reemployed with a Florida

12  Retirement System employer at the time of benefit termination,

13  and he or she has received disability retirement benefit and

14  salary payments concurrently prior to notifying the division,

15  he or she may elect within 30 days to:

16         a.  Retain the retirement benefits received prior to

17  termination of disability benefits and begin receiving

18  retirement service credit effective upon the date of

19  termination of benefits; or

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

21  to receive service credit, the retirement benefits received

22  for each month of reemployment prior to termination of

23  disability benefits and begin receiving retirement service

24  credit effective upon the date of reemployment. Any such

25  unpaid benefits shall have compound interest of 6.5 percent

26  added June 30.

27

28  A member may not receive both retirement service credit for

29  employment and retirement benefits for the same month.

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

31  covered employment, the member again becomes disabled and is

                                  22

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





 1  again approved for disability retirement, the Option 1 monthly

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

 3  benefit calculated at the time of the previous disability,

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

 5  disability benefit was terminated upon his or her reentry into

 6  covered employment.

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

 8  of Supreme Court.--

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

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

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

12  elected constitutional judicial officer, including service as

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

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

15  by order of the Supreme Court upon recommendation of the

16  Judicial Qualifications Commission pursuant to the provisions

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

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

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

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

21  alternatively elect to receive a disability retirement benefit

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

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

24  Florida Retirement System be retired for disability by order

25  of the Supreme Court upon recommendation of the Judicial

26  Qualifications Commission pursuant to the provisions of Art. V

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

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

29  the employer shall be transferred to and deposited in the

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

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

                                  23

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





 1  paid into the Florida Retirement System Fund, an amount

 2  necessary to pay the benefits of all justices and judges

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

 4  of the State Constitution.

 5         Section 12.  Effective July 1, 2001, paragraph (b) of

 6  subsection (1) of section 121.1115, Florida Statutes, is

 7  amended to read:

 8         121.1115  Purchase of retirement credit for

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

10  a member of the Florida Retirement System may purchase

11  creditable service for periods of public employment in another

12  state and receive creditable service for such periods of

13  employment. Service with the Federal Government, including any

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

15  of service earned under the Florida Retirement System, a

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

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

18  provisions:

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

20  the out-of-state service:

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

22  years of creditable service under the Florida Retirement

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

24  claimed and purchased under s. 121.1122.

25         Section 13.  Effective July 1, 2001, paragraph (a) of

26  subsection (2) of section 121.1122, Florida Statutes, is

27  amended to read:

28         121.1122  Purchase of retirement credit for in-state

29  public service and in-state service in accredited nonpublic

30  schools and colleges, including charter schools and charter

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

                                  24

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





 1  of the Florida Retirement System may purchase creditable

 2  service for periods of certain public or nonpublic employment

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

 4         (2)  LIMITATIONS AND CONDITIONS.--

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

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

 7  completed 5 10 years of creditable service under the Florida

 8  Retirement System, excluding service purchased under this

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

10  s. 121.1115.

11         Section 14.  Effective July 1, 2001, paragraph (a) of

12  subsection (1) of section 121.121, Florida Statutes, is

13  amended to read:

14         121.121  Authorized leaves of absence.--

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

16  2 work years of authorized leaves of absence if:

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

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

19  absence was authorized;

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

21  the reduction in vesting requirements provided in this act:

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

23  Class of the Florida Retirement System shall be increased by

24  0.49 percentage points;

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

26  Risk Class of the Florida Retirement System shall be increased

27  by 0.76 percentage points;

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

29  Risk Administrative Support Class of the Florida Retirement

30  System shall be increased by 0.27 percentage points;

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

                                  25

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





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

 2  Retirement System shall be increased by 0.41 percentage

 3  points;

 4         (5)  The contribution rates that apply to the

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

 6  Officers' Class of the Florida Retirement System shall be

 7  increased by 0.72 percentage points;

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

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

10  Florida Retirement System shall be increased by 0.37

11  percentage points; and

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

13  Management Service Class of the Florida Retirement System

14  shall be increased by 0.27 percentage points.

15

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

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

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

19  directed to adjust accordingly the contribution rates set

20  forth in ss. 121.052, 121.055, and 121.071, Florida Statutes.

21

22

23  ================ T I T L E   A M E N D M E N T ===============

24  And the title is amended as follows:

25         On page 1, line 2, after the semicolon,

26

27  and insert in lieu thereof:

28         amending ss. 121.021, 121.0515, 121.052,

29         121.053, 121.055, 121.081, 121.091, 121.1115,

30         121.1122, and 121.121, F.S.; providing that

31         members employed in a regularly established

                                  26

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319




                                                   HOUSE AMENDMENT

    113-296AX-06                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





 1         position shall be vested after 5 years of

 2         creditable service; providing that any

 3         terminated, inactive member must be actively

 4         employed in a covered position for 1 calendar

 5         year or more on or after the bill's effective

 6         date to achieve vested status with 5 years of

 7         service; providing for employer contribution

 8         rate increases to each membership class;

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  27

    File original & 9 copies    04/25/00
    hbd0016                     10:47 am         02393-0008-172319