House Bill 2393e1

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                                          HB 2393, First Engrossed



  1                      A bill to be entitled

  2         An act relating to retirement; amending s.

  3         112.65, F.S.; providing that certain benefits

  4         under chapter 121, F.S., shall be considered

  5         supplemental benefits; amending s. 121.021,

  6         F.S.; redefining the term "system" with respect

  7         to the Florida Retirement System; designating

  8         ss. 121.011-121.45, F.S., as part I of chapter

  9         121, F.S.; designating ss. 121.4501-121.571,

10         F.S., as part II of chapter 121, F.S.; creating

11         s. 121.4501, F.S.; directing the State Board of

12         Administration to establish an optional defined

13         contribution retirement program for members of

14         the Florida Retirement System; providing

15         definitions; providing for eligibility and

16         retirement service credit; providing for

17         participation and enrollment; providing for

18         contributions; providing vesting requirements;

19         providing benefits; providing for

20         administration; providing for investment

21         options or products; providing for an education

22         component; providing participant information

23         requirements; providing that advisory

24         committees shall provide advice and assistance;

25         providing for federal requirements; providing

26         an investment policy statement; providing a

27         statement of fiduciary standards and

28         responsibilities; providing for disability

29         benefits; providing for social security and

30         health insurance subsidy coverage; creating s.

31         121.571, F.S.; providing for contributions;


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                                          HB 2393, First Engrossed



  1         amending ss. 121.021, 121.051, 121.0515,

  2         121.052, 121.053, 121.081, 121.1115, 121.1122,

  3         121.121, and 215.32, F.S.; providing that

  4         members employed in a regularly established

  5         position shall be vested after 8 years of

  6         creditable service; conforming to the act;

  7         amending s. 112.665, F.S.; correcting cross

  8         references to conform to the act; amending s.

  9         121.091, F.S.; upgrading service credit for

10         certain years for special risk members;

11         providing funding for the benefit increase;

12         providing a contingent contribution rate

13         increase; amending s. 121.091, F.S.; reducing

14         the service time required to qualify for

15         disability benefits to 8 years; amending s.

16         112.363, F.S.; revising language with respect

17         to the retiree health insurance subsidy to

18         include reference to the optional retirement

19         program; amending s. 121.055, F.S.; increasing

20         the number of personnel that may be designated

21         as Senior Management Service Class by local

22         governments; allowing senior management

23         optional annuity program benefits to be

24         distributed through a direct rollover;

25         providing for funding; providing contribution

26         rates; providing a statement of state purpose;

27         amending s. 121.031, F.S.; requiring an

28         actuarial study of the retirement system at

29         least annually; requiring the actuarial model

30         to include a rate stabilization mechanism;

31         defining the mechanism; providing future effect


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                                          HB 2393, First Engrossed



  1         for certain provisions; providing a contingent

  2         effective date.

  3

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

  5

  6         Section 1.  Subsection (1) of section 112.65, Florida

  7  Statutes, is amended to read:

  8         112.65  Limitation of benefits.--

  9         (1)  The normal retirement benefit or pension payable

10  to a retiree who becomes a member of any retirement system or

11  plan and who has not previously participated in such plan, on

12  or after January 1, 1980, shall not exceed 100 percent of his

13  or her average final compensation.  However, nothing contained

14  in this section shall apply to supplemental retirement

15  benefits or to pension increases attributable to

16  cost-of-living increases or adjustments. For the purposes of

17  this section, benefits accruing in individual participant

18  accounts established under the Public Employee Optional

19  Retirement Program established in part II of chapter 121 are

20  considered supplemental benefits. As used in this section, the

21  term "average final compensation" means the average of the

22  member's earnings over a period of time which the governmental

23  entity has established by statute, charter, or ordinance.

24         Section 2.  Subsection (3) of section 121.021, Florida

25  Statutes, is amended to read:

26         121.021  Definitions.--The following words and phrases

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

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

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

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

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


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                                          HB 2393, First Engrossed



  1  the defined benefit retirement program administered under the

  2  provisions of part I of this chapter and the defined

  3  contribution retirement program known as the Public Employee

  4  Optional Retirement Program and administered under the

  5  provisions of part II of this chapter."

  6         Section 3.  Chapter 121, Florida Statutes, is

  7  designated as part I of said chapter, and part II, consisting

  8  of sections 121.4501 through 121.571, is created to read:

  9         121.4501  Public Employee Optional Retirement

10  Program.--

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

12  shall establish an optional defined contribution retirement

13  program for members of the Florida Retirement System under

14  which retirement benefits will be provided for eligible

15  employees who elect to participate in the program. The

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

17  such optional retirement program shall be provided through

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

19  the Internal Revenue Code and its related regulations. The

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

21  121.571, toward the funding of such optional benefits.

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

23         (a)  "Approved provider" or "provider" means a private

24  sector company that is selected and approved by the state

25  board to offer one or more investment products or services to

26  the Public Employee Optional Retirement Program. Private

27  sector companies include investment management companies,

28  insurance companies, depositories, and mutual fund companies.

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

30  containing total vested account contributions and accumulated

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                                          HB 2393, First Engrossed



  1  earnings under the Public Employee Optional Retirement Program

  2  of not more than $5,000.

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

  4  Services.

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

  6  the Department of Management Services.

  7         (e)  "Eligible employee" means an officer or employee,

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

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

10  the Florida Retirement System;

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

12  the Senior Management Service Optional Annuity Program as

13  established under s. 121.055(6); or

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

15  participate in, the State University System Optional

16  Retirement Program established under s. 121.35 or the State

17  Community College System Optional Retirement Program

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

19

20  The term does not include any renewed member of the Florida

21  Retirement System, any member participating in the Deferred

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

23  any employee participating in an optional retirement program

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

25         (f)  "Employer" means an employer, as defined in s.

26  121.021(10), of an eligible employee.

27         (g)  "Participant" means an eligible employee who

28  elects to participate in the Public Employee Optional

29  Retirement Program and enrolls in such optional program as

30  provided in subsection (4).

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                                          HB 2393, First Engrossed



  1         (h)  "Public Employee Optional Retirement Program,"

  2  "optional program" or "optional retirement program" means the

  3  alternative defined contribution retirement program

  4  established under this section.

  5         (i)  "State board" or "board" means the State Board of

  6  Administration.

  7         (j)  "Trustees" means Trustees of the State Board of

  8  Administration.

  9         (k)  "Vested" or "vesting" means the guarantee that a

10  participant is eligible to receive a retirement benefit upon

11  completion of the required years of service under the Public

12  Employee Optional Retirement Program.

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

14         (a)  Participation in the Public Employee Optional

15  Retirement Program is limited to eligible employees.

16  Participation in the optional retirement program is in lieu of

17  participation in the defined benefit program of the Florida

18  Retirement System.

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

20  defined benefit retirement program of the Florida Retirement

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

22  the Public Employee Optional Retirement Program shall retain

23  all retirement service credit earned under the defined benefit

24  retirement program of the Florida Retirement System as

25  credited under the system and shall be entitled to a deferred

26  benefit upon termination, if eligible under the system.

27  However, election to participate in the Public Employee

28  Optional Retirement Program terminates the active membership

29  of the employee in the defined benefit program of the Florida

30  Retirement System, and the service of a participant in the

31  Public Employee Optional Retirement Program shall not be


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                                          HB 2393, First Engrossed



  1  creditable under the defined benefit retirement program of the

  2  Florida Retirement System for purposes of benefit accrual but

  3  shall be credited for purposes of vesting.

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

  5  employee who elects to participate in the Public Employee

  6  Optional Retirement Program and establishes one or more

  7  individual participant accounts under the optional program may

  8  elect to transfer to the optional program a sum representing

  9  the present value of the employee's accumulated benefit

10  obligation under the defined benefit retirement program of the

11  Florida Retirement System. Upon such transfer, all service

12  credit previously earned under the defined benefit program of

13  the Florida Retirement System shall be nullified for purposes

14  of entitlement to a future benefit under the defined benefit

15  program of the Florida Retirement System. A participant is

16  precluded from transferring the accumulated benefit obligation

17  balance from the defined benefit program upon the expiration

18  of the period afforded to enroll in the optional program.

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

20  of the member's accumulated benefit obligation is based upon

21  the member's estimated creditable service and estimated

22  average final compensation as of midnight of the day prior to

23  the opening of the election window for the employee. The

24  actuarial present value of the employee's accumulated benefit

25  obligation shall be based on the following:

26         a.  The discount rate and other relevant actuarial

27  assumptions used to value the Florida Retirement System Trust

28  Fund at the time the amount to be transferred is determined,

29  consistent with the factors provided in sub-subparagraphs b.

30  and c.

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                                          HB 2393, First Engrossed



  1         b.  A benefit commencement age, based on the member's

  2  estimated creditable service as of midnight on May 31, 2002.

  3  The benefit commencement age shall be the younger of the

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

  5  of midnight on May 31, 2002:

  6         (I)  Age 62; or

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

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

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

10  any vesting requirement that would otherwise apply under the

11  defined benefit program of the Florida Retirement System.

12         c.  For members of the Special Risk Class and for

13  members of the Special Risk Administrative Support Class

14  entitled to retain special risk normal retirement date, the

15  benefit commencement age shall be the younger of the

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

17  of midnight on May 31, 2002:

18         (I)  Age 55; or

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

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

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

22  any vesting requirement that would otherwise apply under the

23  defined benefit program of the Florida Retirement System.

24         d.  The calculation shall disregard vesting

25  requirements and early retirement reduction factors that would

26  otherwise apply under the defined benefit retirement program.

27         3.  For each participant who elects to transfer moneys

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

29  optional program, the division shall recompute the amount

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

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


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                                          HB 2393, First Engrossed



  1  actual creditable service and actual final average

  2  compensation as of the initial date of participation in the

  3  optional program. If the recomputed amount differs from the

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

  5  division shall:

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

  7  Florida Retirement System Trust Fund to the participant's

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

  9  recomputed amount over the previously transferred amount

10  together with interest from the initial date of transfer to

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

12  percent effective annual interest, compounded annually.

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

14  participant's account to the Florida Retirement System Trust

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

16  over the recomputed amount, together with interest from the

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

18  subparagraph, based upon 6 percent effective annual interest,

19  compounded annually, pro rata based on the participant's

20  allocation plan.

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

22  transfer or cause to be transferred the appropriate amounts to

23  the designated accounts. At least 10 percent of the amount

24  transferred shall be transferred to a stable value product.

25  The board shall establish transfer procedures by rule, but the

26  actual transfer shall not be later than 30 days after the

27  effective date of the member's participation in the optional

28  program. Transfers are not commissionable or subject to other

29  fees and may be in the form of securities or cash as

30  determined by the state board. Such securities shall be valued

31  as of the date of receipt in the participant's account.


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                                          HB 2393, First Engrossed



  1         5.  If the board or the division receives notification

  2  from the United States Internal Revenue Service that this

  3  paragraph or any portion of this paragraph will cause the

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

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

  6  portion that will cause the disqualification does not apply.

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

  8  notify the presiding officers of the Legislature.

  9         (4)  PARTICIPATION; ENROLLMENT.--

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

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

12  by a state employer:

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

14  Public Employee Optional Retirement Program in lieu of

15  retaining his or her membership in the defined benefit program

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

17  writing or by electronic means and must be filed with the

18  department and the personnel officer of the employer within 90

19  days after June 1, 2002, or, in the case of an active employee

20  who is on a leave of absence on June 1, 2002, within 90 days

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

22  irrevocable, except as provided in paragraph (e). Upon making

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

24  of the Public Employee Optional Retirement Program, the

25  employee's membership in the Florida Retirement System shall

26  be governed by the provisions of this part and the employee's

27  membership in the defined benefit program of the Florida

28  Retirement System shall terminate. The employee's enrollment

29  in the Public Employee Optional Retirement Program shall be

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

31  employer contribution is made to the optional program.


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                                          HB 2393, First Engrossed



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

  2  in the Public Employee Optional Retirement Program within the

  3  prescribed 90 days is deemed to have elected to retain

  4  membership in the defined benefit program of the Florida

  5  Retirement System and the employee's option to elect to

  6  participate in the optional program is forfeited.

  7         2.  With respect to employees who become eligible to

  8  participate in the Public Employee Optional Retirement Program

  9  by reason of employment in a regularly established position

10  with a state employer commencing after June 1, 2002:

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

12  the defined benefit retirement program of the Florida

13  Retirement System at the commencement of employment, and may,

14  within 180 days after employment commences, elect to

15  participate in the Public Employee Optional Retirement

16  Program. The employee's election must be made in writing or by

17  electronic means and must be filed with the personnel officer

18  of the employer. The election to participate in the optional

19  program is irrevocable, except as provided in paragraph (e).

20         b.  If the employee files such election before the

21  initial payroll is submitted for the employee, enrollment in

22  the Public Employee Optional Retirement Program shall be

23  effective on the first day of employment.

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

25  after employment commences, but after the initial payroll is

26  submitted for the employee, enrollment in the optional program

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

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

29  program.

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

31  in the Public Employee Optional Retirement Program within the


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                                          HB 2393, First Engrossed



  1  prescribed 180 days is deemed to have elected to retain

  2  membership in the defined benefit program of the Florida

  3  Retirement System and the employee's option to elect to

  4  participate in the optional program is forfeited.

  5         3.  For purposes of this paragraph, "state employer"

  6  means any agency, board, branch, commission, community

  7  college, department, institution, institution of higher

  8  education, or water management district of the state, which

  9  participates in the Florida Retirement System for the benefit

10  of certain employees.

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

12  employed in a regularly established position on September 1,

13  2002, by a district school board employer:

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

15  Public Employee Optional Retirement Program in lieu of

16  retaining his or her membership in the defined benefit program

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

18  writing or by electronic means and must be filed with the

19  department and the personnel officer of the employer within 90

20  days after September 1, 2002, or, in the case of an active

21  employee who is on a leave of absence on September 1, 2002,

22  within 90 days after the conclusion of the leave of absence.

23  This election is irrevocable, except as provided in paragraph

24  (e). Upon making such election, the employee shall be enrolled

25  as a participant of the Public Employee Optional Retirement

26  Program, the employee's membership in the Florida Retirement

27  System shall be governed by the provisions of this part and

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

29  the Florida Retirement System shall terminate. The employee's

30  enrollment in the Public Employee Optional Retirement Program

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                                          HB 2393, First Engrossed



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

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

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

  4  in the Public Employee Optional Retirement Program within the

  5  prescribed 90 days is deemed to have elected to retain

  6  membership in the defined benefit program of the Florida

  7  Retirement System and the employee's option to elect to

  8  participate in the optional program is forfeited.

  9         2.  With respect to employees who become eligible to

10  participate in the Public Employee Optional Retirement Program

11  by reason of employment in a regularly established position

12  with a district school board employer commencing after

13  September 1, 2002:

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

15  the defined benefit retirement program of the Florida

16  Retirement System at the commencement of employment, and may,

17  within 180 days after employment commences, elect to

18  participate in the Public Employee Optional Retirement

19  Program. The employee's election must be made in writing or by

20  electronic means and must be filed with the personnel officer

21  of the employer. The election to participate in the optional

22  program is irrevocable, except as provided in paragraph (e).

23         b.  If the employee files such election before the

24  initial payroll is submitted for the employee, enrollment in

25  the Public Employee Optional Retirement Program shall be

26  effective on the first day of employment.

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

28  after employment commences, but after the initial payroll is

29  submitted for the employee, enrollment in the optional program

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

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                                          HB 2393, First Engrossed



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

  2  program.

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

  4  in the Public Employee Optional Retirement Program within the

  5  prescribed 180 days is deemed to have elected to retain

  6  membership in the defined benefit program of the Florida

  7  Retirement System and the employee's option to elect to

  8  participate in the optional program is forfeited.

  9         3.  For purposes of this paragraph, "district school

10  board employer" means any district school board that

11  participates in the Florida Retirement System for the benefit

12  of certain employees, or a charter school or chapter technical

13  career center that participates in the Florida Retirement

14  System as provided in s. 121.051(2)(d).

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

16  employed in a regularly established position on December 1,

17  2002, by a local employer:

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

19  Public Employee Optional Retirement Program in lieu of

20  retaining his or her membership in the defined benefit program

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

22  writing or by electronic means and must be filed with the

23  department and the personnel officer of the employer within 90

24  days after December 1, 2002, or, in the case of an active

25  employee who is on a leave of absence on December 1, 2002,

26  within 90 days after the conclusion of the leave of absence.

27  This election is irrevocable. Upon making such election, the

28  employee shall be enrolled as a participant of the Public

29  Employee Optional Retirement Program, the employee's

30  membership in the Florida Retirement System will be governed

31  by the provisions of this part and the employee's membership


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                                          HB 2393, First Engrossed



  1  in the defined benefit program of the Florida Retirement

  2  System shall terminate. The employee's enrollment in the

  3  Public Employee Optional Retirement Program shall be effective

  4  the first day of the month for which a full month's employer

  5  contribution is made to the optional program.

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

  7  in the Public Employee Optional Retirement Program within the

  8  prescribed 90 days is deemed to have elected to retain

  9  membership in the defined benefit program of the Florida

10  Retirement System and the employee's option to elect to

11  participate in the optional program is forfeited.

12         2.  With respect to employees who become eligible to

13  participate in the Public Employee Optional Retirement Program

14  by reason of employment in a regularly established position

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

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

17  the defined benefit retirement program of the Florida

18  Retirement System at the commencement of employment, and may,

19  within 180 days after employment commences, elect to

20  participate in the Public Employee Optional Retirement

21  Program. The employee's election must be made in writing or by

22  electronic means and must be filed with the personnel officer

23  of the employer. The election to participate in the optional

24  program is irrevocable, except as provided in paragraph (e).

25         b.  If the employee files such election before the

26  initial payroll is submitted for the employee, enrollment in

27  the Public Employee Optional Retirement Program shall be

28  effective on the first day of employment.

29         c.  If the employee files such election within 90 days

30  after employment commences, but after the initial payroll is

31  submitted for the employee, enrollment in the optional program


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                                          HB 2393, First Engrossed



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

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

  3  program.

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

  5  in the Public Employee Optional Retirement Program within the

  6  prescribed 180 days is deemed to have elected to retain

  7  membership in the defined benefit program of the Florida

  8  Retirement System and the employee's option to elect to

  9  participate in the optional program is forfeited.

10         3.  For purposes of this paragraph, "local employer"

11  means any employer not included in paragraph (a) or paragraph

12  (b).

13         (d)  Contributions available for self-direction by a

14  participant who has not selected on or more specific

15  investment products shall be allocated as prescribed by the

16  board. The third-party administrator shall notify any such

17  participant at least quarterly that the participant should

18  take an affirmative action to make an asset allocation among

19  the optional program products.

20         (e)  After the period during which an eligible employee

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

22  Public Employee Optional Retirement Program, the employee

23  shall have one opportunity, at the employee's discretion, to

24  choose to move from the defined benefit program to the Public

25  Employee Optional Retirement Program or from the Public

26  Employee Optional Retirement Program to the defined benefit

27  program. This paragraph shall be contingent upon approval from

28  the Internal Revenue Service for including the choice

29  described herein within the programs offered by the Florida

30  Retirement System.

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                                          HB 2393, First Engrossed



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

  2  Employee Optional Retirement Program, the applicable

  3  provisions of this section shall govern the transfer.

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

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

  6  Public Employee Optional Retirement Program account and from

  7  other employee moneys as necessary, a sum representing all

  8  contributions that would have been made to the defined benefit

  9  plan for that employee and the actual return that would have

10  been earned on those contributions had they been invested in

11  the defined benefit program.

12         (5)  CONTRIBUTIONS.--

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

14  participant in the Public Employee Optional Retirement Program

15  an amount based on a percentage of the employee's monthly

16  compensation as set forth in s. 121.571. The plan fiduciary

17  shall ensure that all plan assets are held in a trust,

18  pursuant to s. 401 of the Internal Revenue Code. The employer

19  shall forward all contributions under this program to the

20  third-party administrator. The fiduciary shall ensure that

21  said contributions are allocated as follows:

22         1.  The portion earmarked for participant accounts

23  shall be used to purchase interests in the appropriate

24  investment vehicles for the accounts of each participant as

25  specified by the participant, or in accordance with paragraph

26  (4)(d).

27         2.  The portion earmarked for administrative and

28  educational expenses shall be transferred to the board.

29         3.  The portion earmarked for disability benefits shall

30  be transferred to the department.

31


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                                          HB 2393, First Engrossed



  1         (b)  Employers are responsible for notifying

  2  participants regarding maximum contribution levels permitted

  3  under the Internal Revenue Code. If a participant contributes

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

  5  ensuring that total contributions made to the optional program

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

  7  maximums.

  8         (6)  VESTING REQUIREMENTS.--

  9         (a)1.  With respect to employer contributions paid on

10  behalf of the participant to the Public Employee Optional

11  Retirement Program, plus interest and earnings thereon and

12  less investment fees and administrative charges, a participant

13  shall be vested after completing 1 work year, as defined in s.

14  121.021(54) with an employer, including any service while the

15  participant was a member of the defined benefit retirement

16  program or an optional retirement program authorized under s.

17  121.051(2)(c) or s. 121.055(6).

18         2.  If the participant terminates employment prior to

19  satisfying the vesting requirements, the nonvested

20  accumulation shall be transferred from the participant's

21  accounts to the state board for deposit in the suspense

22  account of the Public Employee Optional Retirement Program

23  Trust Fund of the board. If the terminated participant is

24  reemployed as an eligible employee within 5 years, the state

25  board shall transfer to the participant's account any amount

26  of the moneys previously transferred from the participant's

27  accounts to the Public Employee Optional Retirement Program

28  Trust Fund, plus interest calculated at 3.0 percent per annum,

29  calculated from the date of transfer to the date of

30  reemployment.

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                                          HB 2393, First Engrossed



  1         (b)1.  A participant shall be vested in the amount

  2  transferred from the defined benefit program, plus interest

  3  and earnings thereon and less administrative charges and

  4  investment fees, upon meeting the service requirements for the

  5  participant's membership class as set forth in s. 121.021(29).

  6  The third-party administrator shall account for such amounts

  7  for each participant. The division shall notify the

  8  participant and the third-party administrator when the

  9  participant has satisfied the vesting period for Florida

10  Retirement System purposes.

11         2.  If the participant terminates employment prior to

12  satisfying the vesting requirements, the nonvested

13  accumulation shall be transferred from the participant's

14  accounts to the state board for deposit in the suspense

15  account of the Public Employee Optional Retirement Program

16  Trust Fund of the board. If the terminated participant is

17  reemployed as an eligible employee within 5 years, the state

18  board shall transfer to the participant's account any amount

19  of the moneys previously transferred from the participant's

20  accounts to the Public Employee Optional Retirement Program

21  Trust Fund, plus interest calculated at 6.0 percent per annum,

22  calculated from the date of transfer to the date of

23  reemployment.

24         (c)  Any nonvested accumulations transferred from a

25  participant's account to the suspense account shall be

26  forfeited by the participant if the participant is not

27  reemployed as an eligible employee within 5 years after

28  termination.

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

30  Retirement Program:

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                                          HB 2393, First Engrossed



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

  2  401(a) of the Internal Revenue Code.

  3         (b)  Benefits shall accrue in individual accounts that

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

  5  contributions and earnings thereon.

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

  7  following terms and conditions:

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

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

10  designated by the participant.

11         2.  Benefits shall be paid by the third-party

12  administrator or designated approved providers in accordance

13  with the law, the contracts, and any applicable board rule or

14  policy.

15         3.  To begin receiving the benefits, the participant

16  must be terminated from all employment with all Florida

17  Retirement System employers, as provided in s. 121.021(39), or

18  the participant must be deceased. If a participant elects to

19  receive his or her benefits upon termination of employment,

20  the participant must submit a written application to the

21  third-party administrator indicating his or her preferred

22  distribution date and selecting an authorized method of

23  distribution as provided in paragraph (d). The participant may

24  defer receipt of benefits until he or she chooses to make such

25  application, subject to federal requirements.

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

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

28  withholding taxes remitted to the Internal Revenue Service,

29  shall be distributed to the participant's designated

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

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


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                                          HB 2393, First Engrossed



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

  2  available for survivors of participants under the Public

  3  Employee Optional Retirement Program, except for such

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

  5  afforded by the employer, at the employer's discretion.

  6         (d)  Upon receipt by the third-party administrator of a

  7  properly executed application for distribution of benefits,

  8  the total accumulated benefit shall be payable to the

  9  participant, as:

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

11         2.  A lump-sum direct rollover distribution whereby all

12  accrued benefits, plus interest and investment earnings, are

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

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

15  of the Internal Revenue Code, on behalf of the participant; or

16         3.  Periodic distributions, as authorized by the state

17  board.

18         (e)  Survivor benefits shall be payable as:

19         1.  A lump-sum distribution payable to the

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

21         2.  An eligible rollover distribution on behalf of the

22  surviving spouse of a deceased participant, whereby all

23  accrued benefits, plus interest and investment earnings, are

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

25  custodian of an individual retirement account or an individual

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

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

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

29  accrued benefit is paid to the deceased participant's

30  surviving spouse or other designated beneficiaries, less

31  withholding taxes remitted to the Internal Revenue Service,


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                                          HB 2393, First Engrossed



  1  and the remaining amount is transferred directly to the

  2  custodian of an individual retirement account or an individual

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

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

  5  proportions must be specified by the participant or the

  6  surviving beneficiary.

  7

  8  This paragraph does not abrogate other applicable provisions

  9  of state or federal law providing for payment of death

10  benefits.

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

12  Public Employee Optional Retirement Program, and any

13  contributions accumulated under such program, are not subject

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

15  except for qualified domestic relations orders by a court of

16  competent jurisdiction, income deduction orders as provided in

17  s. 61.1301, and federal income tax levies.

18         (8)  ADMINISTRATION OF PROGRAM.--

19         (a)  The Public Employee Optional Retirement Program

20  shall be administered by the state board and affected

21  employers. The board shall adopt rules establishing the role

22  and responsibilities of affected state, local government, and

23  education-related employers, the state board, the department,

24  and third-party contractors in administering the Public

25  Employee Optional Retirement Program. The department shall

26  adopt rules necessary to implement the optional program in

27  coordination with the defined benefit retirement program and

28  the disability benefits available under the optional program.

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

30  one third-party administrator to provide administrative

31  services. With the approval of the state board, the


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                                          HB 2393, First Engrossed



  1  third-party administrator may subcontract with other

  2  organizations to provide components of the administrative

  3  services. As a cost of administration, the board may

  4  compensate any such contractor for its services, in accordance

  5  with the terms of the contract, as is deemed necessary or

  6  proper by the board. The third-party administrator may not be

  7  an approved provider or be affiliated with an approved

  8  provider.

  9         2.  Administrative services include, but are not

10  limited to, services relating to consolidated billing;

11  individual and collective recordkeeping and accounting; asset

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

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

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

15  beneficiaries.

16         3.  The state board shall select and contract with one

17  or more organizations to provide educational services. With

18  approval of the board, the organizations may subcontract with

19  other organizations to provide components of the educational

20  services. As a cost of administration, the board may

21  compensate any such contractor for its services in accordance

22  with the terms of the contract, as is deemed necessary or

23  proper by the board. The education organization may not be an

24  approved provider or be affiliated with an approved provider.

25         4.  Educational services shall be designed by the board

26  and department to assist employers, eligible employees,

27  participants, and beneficiaries in order to maintain

28  compliance with United States Department of Labor regulations

29  under section 404(c) of the Employee Retirement Income

30  Security Act of 1974 and to assist employees in their choice

31  of defined benefit or defined contribution retirement


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                                          HB 2393, First Engrossed



  1  alternatives. Educational services include, but are not

  2  limited to, disseminating educational materials; providing

  3  retirement planning education; explaining the differences

  4  between the defined benefit retirement plan and the defined

  5  contribution retirement plan; and offering financial planning

  6  guidance on matters such as investment diversification,

  7  investment risks, investment costs, and asset allocation. An

  8  approved provider may also provide educational information,

  9  including, but not limited to, retirement planning and

10  investment allocation information concerning its products and

11  services.

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

13  administrator, the board shall establish criteria under which

14  it shall consider the relative capabilities and qualifications

15  of each proposed administrator. In developing such criteria,

16  the board shall consider:

17         a.  The administrator's demonstrated experience in

18  providing administrative services to public or private sector

19  retirement systems.

20         b.  The administrator's demonstrated experience in

21  providing daily valued recordkeeping to defined contribution

22  plans.

23         c.  The administrator's ability and willingness to

24  coordinate its activities with the Florida Retirement System

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

26  employers, the board, and the division the information and

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

28  management reports, quarterly participant reports, and ad hoc

29  reports requested by the department or board.

30         d.  The cost-effectiveness and levels of the

31  administrative services provided.


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                                          HB 2393, First Engrossed



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

  2  participants, the employers, the board, the division, and the

  3  providers; the means by which participants may access account

  4  information, direct investment of contributions, make changes

  5  to their accounts, transfer moneys between available

  6  investment vehicles, transfer moneys between investment

  7  products; and any fees that apply to such activities.

  8         f.  Any other factor deemed necessary by the Trustees

  9  of the State Board of Administration.

10         g.  The recommendations of the Public Employee Optional

11  Retirement Program Advisory Committee established in

12  subsection (12).

13         2.  In evaluating and selecting an educational

14  provider, the board shall establish criteria under which it

15  shall consider the relative capabilities and qualifications of

16  each proposed educational provider. In developing such

17  criteria, the board shall consider:

18         a.  Demonstrated experience in providing educational

19  services to public or private sector retirement systems.

20         b.  Ability and willingness to coordinate its

21  activities with the Florida Retirement System employers, the

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

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

24  including, but not limited to, reports on educational

25  contacts.

26         c.  The cost-effectiveness and levels of the

27  educational services provided.

28         d.  Ability to provide educational services via

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

30  personal contact, seminars, brochures, and newsletters.

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                                          HB 2393, First Engrossed



  1         e.  Any other factor deemed necessary by the Trustees

  2  of the State Board of Administration.

  3         f.  The recommendations of the Public Employee Optional

  4  Retirement Program Advisory Committee established in

  5  subsection (12).

  6         3.  The establishment of the criteria shall be solely

  7  within the discretion of the board.

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

  9  all contracts to be offered under the Public Employee Optional

10  Retirement Program. In developing its contracts, the board

11  must consider:

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

13  be afforded participants in relation to the required

14  contributions under the program.

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

16  afforded participants to the needs of the participants and the

17  interests of employers in the recruitment and retention of

18  eligible employees.

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

20  professional services, including legal, consulting,

21  accounting, and actuarial services, deemed necessary to

22  implement and administer the optional program by the Trustees

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

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

25  investment advice to participants, supplemental to education

26  provided by the third-party administrator. All fees under any

27  such contract shall be paid by those participants who choose

28  to use the services of the vendor.

29         2.  The department may contract with consultants for

30  professional services, including legal, consulting,

31  accounting, and actuarial services, deemed necessary to


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                                          HB 2393, First Engrossed



  1  implement and administer the optional program in coordination

  2  with the defined benefit program of the Florida Retirement

  3  System. The department, in coordination with the board, may

  4  enter into a contract with the third-party administrator in

  5  order to coordinate services common to the various programs

  6  within the Florida Retirement System.

  7         (f)  The third-party administrator shall not receive

  8  direct or indirect compensation from an approved provider,

  9  except as specifically provided for in the contract with the

10  board.

11         (g)  The board shall resolve any conflict between the

12  third-party administrator and an approved provider, when such

13  conflict threatens the implementation or administration of the

14  program or the quality of services to employees.

15         (9)  INVESTMENT OPTIONS OR PRODUCTS; PERFORMANCE

16  REVIEW.--

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

18  selecting, evaluating, and monitoring the performance of

19  approved providers and investment products to which employees

20  may direct retirement contributions under the program. In

21  accordance with such policy and procedures, the board shall

22  designate and contract for a number of investment products as

23  determined by the board. The board shall select one or more

24  providers who offer multiple investment products when such an

25  approach is determined by the board to afford value to the

26  participants otherwise not available through individual

27  investment products.

28         (b)  The board shall consider investment options or

29  products it considers appropriate to give participants the

30  opportunity to accumulate retirement benefits, subject to the

31  following:


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                                          HB 2393, First Engrossed



  1         1.  The Public Employee Optional Retirement Program

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

  3  that span the risk-return spectrum.

  4         2.  Investment options or products offered by the group

  5  of approved providers may include mutual funds, group annuity

  6  contracts, individual retirement annuities, interests in

  7  trusts, and other such financial instruments.

  8         3.  The board shall not contract with any provider that

  9  imposes a front-end, back-end, contingent or deferred sales

10  charge, or any other fee that limits or restricts the ability

11  of participants to select any investment product available in

12  the optional program.

13         (c)  In evaluating and selecting approved providers and

14  products, the board shall establish criteria under which it

15  shall consider the relative capabilities and qualifications of

16  each proposed provider company and product. In developing such

17  criteria, the board shall consider the following to the extent

18  such factors may be applied in connection with investment

19  products, services or providers:

20         1.  Experience in the United States providing

21  retirement products and related financial services under

22  defined contribution retirement plans.

23         2.  Financial strength and stability which shall be

24  evidenced by the highest ratings assigned by nationally

25  recognized rating services when comparing proposed providers

26  that are so rated.

27         3.  Intrastate and interstate portability of the

28  product offered, including early withdrawal options.

29         4.  Compliance with the Internal Revenue Code.

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

31  the levels of service supporting the product relative to its


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                                          HB 2393, First Engrossed



  1  benefits and its characteristics, including, without

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

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

  4  coordinate its activities with Florida Retirement System

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

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

  7  and data they require.

  8         7.  The methods available to participants to interact

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

10  access account information, direct investment of

11  contributions, make changes to their accounts, transfer moneys

12  between available investment vehicles, and transfer moneys

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

14  activities.

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

16  transfer of individual account balances, contributions, and

17  earnings thereon, both internally among investment products

18  offered by the provider company and externally between

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

20  or penalties that may be applied.

21         9.  An evaluation of specific investment products,

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

23  investment return objectives net of all related fees,

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

25  investment management fees, loads, distribution and marketing

26  fees, custody fees, recordkeeping fees, education fees,

27  annuity expenses, and consulting fees.

28         10.  Organizational factors, including, but not limited

29  to, financial solvency, organizational depth, and experience

30  in providing institutional and retail investment services.

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                                          HB 2393, First Engrossed



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

  2  or product in the optional retirement program, the approved

  3  provider must agree to make the investment product or service

  4  available under the most beneficial terms offered to any other

  5  customer, subject to approval by the Trustees of the State

  6  Board of Administration.

  7         (e)  The board shall regularly review the performance

  8  of each approved provider and product and related

  9  organizational factors to ensure continued compliance with

10  established selection criteria and with board policy and

11  procedures. Providers and products may be terminated subject

12  to contract provisions. The board shall adopt procedures to

13  transfer account balances from terminated products or

14  providers to other products or providers in the optional

15  program.

16         (10)  EDUCATION COMPONENT.--

17         (a)  The board, in coordination with the department,

18  shall provide for an education component for system members in

19  a manner consistent with the provisions of this section. The

20  education component must be available to eligible employees at

21  least 90 days prior to the beginning date of the election

22  period for the employees of the respective types of employers.

23         (b)  The education component must provide system

24  members with impartial and balanced information about plan

25  choices. The education component must involve multimedia

26  formats. Program comparisons must, to the greatest extent

27  possible, be based upon the retirement income that different

28  retirement programs may provide to the participant. The board

29  shall monitor the performance of the contract to ensure that

30  the program is conducted in accordance with the contract,

31  applicable law, and the rules of the board.


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                                          HB 2393, First Engrossed



  1         (c)  The board, in coordination with the department,

  2  shall provide for an initial and ongoing transfer education

  3  component to provide system members with information necessary

  4  to make informed plan choice decisions. The transfer education

  5  component must include, but is not limited to, information on:

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

  7  transfer to the defined contribution program.

  8         2.  The features of and differences between the defined

  9  benefit program and the defined contribution program, both

10  generally and specifically, as those differences may affect

11  the member.

12         3.  The expected benefit available if the member were

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

14  appropriate alternative sets of assumptions.

15         4.  The rate of return from investments in the defined

16  contribution program and the period of time over which such

17  rate of return must be achieved to equal or exceed the

18  expected monthly benefit payable to the member under the

19  defined benefit program.

20         5.  The historical rates of return for the investment

21  alternatives available in the defined contribution programs.

22         6.  The benefits and historical rates of return on

23  investments available in deferred compensation plans or a plan

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

25  employee may be eligible.

26         7.  The program choices available to employees of the

27  State University System and the comparative benefits of each

28  available program, if applicable.

29         8.  Payout options available in each of the retirement

30  programs.

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                                          HB 2393, First Engrossed



  1         (d)  An ongoing education and communication component

  2  must provide system members with information necessary to make

  3  informed decisions about choices within their program of

  4  membership and in preparation for retirement. The component

  5  must include, but is not limited to, information concerning:

  6         1.  Rights and conditions of membership.

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

  8  effects of certain decisions.

  9         3.  Coordination of contributions and benefits with a

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

11  403(b) of the Internal Revenue Code.

12         4.  Significant program changes.

13         5.  Contribution rates and program funding status.

14         6.  Planning for retirement.

15         (e)  Descriptive materials must be prepared under the

16  assumption that the employee is an unsophisticated investor,

17  and all materials used in the education component must be

18  approved by the state board prior to dissemination.

19         (f)  The board and the department shall also establish

20  a communication component to provide program information to

21  participating employers and the employers' personnel and

22  payroll officers and to explain their respective

23  responsibilities in conjunction with the retirement programs.

24         (g)  Funding for education of new employees may reflect

25  administrative costs to the optional program and the defined

26  benefit program.

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

28  shall ensure that each participant is provided a quarterly

29  statement that accounts for the contributions made on behalf

30  of such participants; the interest and investment earnings

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                                          HB 2393, First Engrossed



  1  thereon; and any fees, penalties, or other deductions that

  2  apply thereto. At a minimum, such statements must:

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

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

  5  of the current quarter and previous quarter.

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

  7  changes in account accumulation unit values for the period.

  8         (d)  Itemize account contributions for the quarter.

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

10  contribution levels, reallocation of contributions, balance

11  transfers, or withdrawals.

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

13  deductions that apply to the account.

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

15  participant is fully vested and the amount of the account in

16  which the participant is not vested.

17         (h)  Indicate each investment product's performance

18  relative to an appropriate market benchmark.

19

20  The third-party administrator shall provide quarterly and

21  annual summary reports to the board and any other reports

22  requested by the department or the board.

23         (12)  ADVISORY COMMITTEES TO PROVIDE ADVICE AND

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

25  Employee Optional Retirement Program Advisory Committee shall

26  assist the board in implementing and administering the Public

27  Employee Optional Retirement Program.

28         (a)  The Investment Advisory Council, created pursuant

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

30  recommendations regarding the criteria to be used in selecting

31  and evaluating approved providers and investment products. The


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                                          HB 2393, First Engrossed



  1  council may provide comments on the recommendations to the

  2  board within 45 days after receiving the initial

  3  recommendations. The board shall make the final determination

  4  as to whether any investment provider or product, any

  5  contractor, or any and all contract provisions shall be

  6  approved for the program.

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

  8  Advisory Committee shall be composed of seven members. The

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

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

11  Governor shall appoint one member, the Treasurer shall appoint

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

13  members of the advisory committee shall elect a member as

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

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

16  The initial appointments shall be for a term of 24 months.

17  Each appointing authority shall fill any vacancy occurring

18  among its appointees for the remainder of the original.

19         2.  The advisory committee shall make recommendations

20  on the selection of the third-party administrator and related

21  subcontractors and the selection, design, and implementation

22  of the education component of the program, and the selection

23  of investment products and providers. The committee's

24  recommendations on selection criteria for the third-party

25  administrator must be forwarded to the Trustees of the State

26  Board of Administration by January 1, 2001. The

27  recommendations on the design and implementation of the

28  education component must be forwarded to the trustees by May

29  1, 2001.

30         3.  The advisory committee's recommendations and

31  activities shall be guided by the best interests of the


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                                          HB 2393, First Engrossed



  1  employees, considering the interests of employers, and the

  2  intent of the Legislature in establishing the Public Employee

  3  Optional Retirement Program.

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

  5  shall assist the advisory committee.

  6         (13)  FEDERAL REQUIREMENTS.--

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

  8  the Public Employee Optional Retirement Program shall be

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

10  26 U.S.C., and specifically with plan qualification

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

12  the Internal Revenue Code.

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

14  susceptible to more than one construction must be interpreted

15  in favor of the construction most likely to satisfy

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

17  Code.

18         (c)  Contributions payable under this section for any

19  limitation year may not exceed the maximum amount allowable

20  for qualified defined contribution pension plans under

21  applicable provisions of the Internal Revenue Code. If an

22  employee who has elected to participate in the Public Employee

23  Optional Retirement Program participates in any other plan

24  that is maintained by the participating employer, benefits

25  that accrue under the Public Employee Optional Retirement

26  Program shall be considered primary for any aggregate

27  limitation applicable under s. 415 of the Internal Revenue

28  Code.

29         (14)  INVESTMENT POLICY STATEMENT.--

30         (a)  Investment products and approved providers

31  selected for the Public Employee Optional Retirement Program


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                                          HB 2393, First Engrossed



  1  shall be in conformance with the Public Employee Optional

  2  Retirement Program Investment Policy Statement, herein

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

  4  the Trustees of the State Board of Administration. The

  5  statement must include, among other items, the investment

  6  objectives of the Public Employee Optional Retirement Program,

  7  manager selection and monitoring guidelines, and performance

  8  measurement criteria. As required from time to time, the

  9  executive director of the state board may present recommended

10  changes in the statement to the board for approval.

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

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

13  director of the board shall present such statement or changes

14  to the Investment Advisory Council for review. The council

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

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

17  statement.

18         (15)  STATEMENT OF FIDUCIARY STANDARDS AND

19  RESPONSIBILITIES.--

20         (a)  Investment of optional defined contribution

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

22  exclusive purpose of providing benefits to plan participants

23  and beneficiaries and defraying reasonable expenses of

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

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

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

27  like manner would undertake. The performance of the investment

28  duties set forth in this paragraph shall comply with the

29  fiduciary standards set forth in the Employee Retirement

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

31  In case of conflict with other provisions of law authorizing


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                                          HB 2393, First Engrossed



  1  investments, the investment and fiduciary standards set forth

  2  in this subsection shall prevail.

  3         (b)  If a participant or beneficiary of the Public

  4  Employee Optional Retirement Program exercises control over

  5  the assets in his or her account, as determined by reference

  6  to regulations of the United States Department of Labor under

  7  section 404(c) of the Employee Retirement Income Security Act

  8  of 1974 and all applicable laws governing the operation of the

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

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

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

12         (16)  DISABILITY BENEFITS.--For any participant of the

13  optional retirement program who becomes totally and

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

15  participant shall be entitled to receive those moneys that

16  have accrued in his or her participant account.  It is the

17  intent of the legislature to design a disability benefit for

18  participants of the optional program similar to those

19  disability benefits afforded defined benefit program members.

20  The department is directed to study the potential options of

21  such coverage, including self-insurance and commercial

22  coverage, the alternative methods of administering such

23  benefits, and the fiscal impacts on the employees and

24  employers, and to make recommendations to the legislature by

25  January 15, 2001.

26         (17)  SOCIAL SECURITY COVERAGE.--Social security

27  coverage shall be provided for all officers and employees who

28  become participants of the optional program.  Any modification

29  of the present agreement with the Social Security

30  Administration, or referendum required under the Social

31  Security Act, for the purpose of providing social security


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                                          HB 2393, First Engrossed



  1  coverage for any member shall be requested by the state agency

  2  in compliance with the applicable provisions of the Social

  3  Security Act governing such coverage.  However, retroactive

  4  social security coverage for service prior to December 1,

  5  1970, with the employer shall not be provided for any member

  6  who was not covered under the agreement as of November 30,

  7  1970.

  8         (18)  RETIREE HEALTH INSURANCE SUBSIDY.--All officers

  9  and employees who are participants of the optional program

10  shall be eligible to receive the retiree health insurance

11  subsidy, subject to the provisions of s. 112.363.

12         121.571  Contributions.--Contributions to the Public

13  Employee Optional Retirement Program shall be made as follows:

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

15  established in this section shall fund the Public Employee

16  Optional Retirement Program and shall be paid by each

17  participant's employer to the third-party administrator based

18  on the class membership of the participant. The contributions

19  are stated as a percentage of each participant's gross

20  compensation for the calendar month. A change in a

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

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

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

24  modified by general law.

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

26  and participant contributions to participant accounts shall be

27  accounted for separately. Interest and investment earnings on

28  employer contributions shall accrue on a tax-deferred basis

29  until proceeds are distributed. Pursuant thereto:

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

31  pursuant to this subsection shall be transferred by the


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                                          HB 2393, First Engrossed



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

  2  participant's account.

  3         (b)  Retirement contributions for Regular Class members

  4  of the optional retirement plan are as follows:

  5         Dates of Contribution    Employers

  6         Rate Changes

  7         Effective July 1, 2002:      9.0%

  8         (c)  Retirement contributions for Special Risk Class

  9  members of the optional retirement plan are as follows:

10         Dates of Contribution    Employers

11         Rate Changes

12         Effective July 1, 2002:     20.0%

13         (d)  Retirement contributions for Special Risk

14  Administrative Support Class members of the optional

15  retirement plan are as follows:

16         Dates of Contribution    Employers

17         Rate Changes

18         Effective July 1, 2002:     11.35%

19         (e)  Retirement contributions for Elected Officers'

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

21         Dates of Contribution    Employers

22         Rate Changes

23         Effective July 1, 2002:

24           Legislators               13.40%

25           Governor, Lt. Governor,

26              Cabinet Officers       13.40%

27           State Attorneys, Public

28              Defenders              13.40%

29           Justices, Judges          18.90%

30           County Elected Officers   16.20%

31


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                                          HB 2393, First Engrossed



  1         (f)  Retirement contributions for Senior Management

  2  Service Class members of the optional retirement plan are as

  3  follows:

  4         Dates of Contribution    Employers

  5         Rate Changes

  6         Effective July 1, 2002:     10.95%

  7         (3)  CONTRIBUTIONS TO DISABILITY ACCOUNT.--

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

  9  pursuant to this subsection shall be transferred by the

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

11  Public Employee Disability Trust Fund administered by the

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

13  charges authorized by the Legislature to offset the costs of

14  administering the disability component of the optional

15  retirement program, shall be used to provide disability

16  coverage for participants in the optional retirement program.

17         (b)  Disability contributions for Regular Class members

18  of the optional retirement plan are as follows:

19         Dates of Contribution    Employers

20         Rate Changes

21         Effective July 1, 2002:      0.39%

22         (c)  Disability contribution for Special Risk Class

23  members of the optional retirement plan are as follows:

24         Dates of Contribution    Employers

25         Rate Changes

26         Effective July 1, 2002:      1.25%

27         (d)  Disability contribution for Special Risk

28  Administrative Support Class members of the optional

29  retirement plan are as follows:

30         Dates of Contribution    Employers

31         Rate Changes


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                                          HB 2393, First Engrossed



  1         Effective July 1, 2002:      0.73%

  2         (e)  Disability contribution for Elected Officers'

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

  4         Dates of Contribution    Employers

  5         Rate Changes

  6         Effective July 1, 2002:

  7           Legislators                0.61%

  8           Governor, Lt. Governor,

  9              Cabinet Officers        0.61%

10           State Attorneys, Public

11              Defenders               0.61%

12           Justices, Judges           1.45%

13           County Elected Officers    0.86%

14         (f)  Disability contribution for Senior Management

15  Service Class members of the optional retirement plan are as

16  follows:

17         Dates of Contribution    Employers

18         Rate Changes

19         Effective July 1, 2002:      0.50%

20         (4)  CONTRIBUTIONS FOR SOCIAL SECURITY COVERAGE AND FOR

21  RETIREE HEALTH INSURANCE SUBSIDY.--Contributions required

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

23  contributions required for social security and the Retiree

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

25         (5)  ADMINISTRATIVE AND EDUCATIONAL

26  CONTRIBUTIONS.--Effective June 1, 2002, the contribution rate

27  for each employer shall be 0.1 percent on behalf of each

28  participant to fund the administrative and educational

29  expenses of the optional program. All contributions made on

30  behalf of a participant pursuant to this subsection shall be

31


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                                          HB 2393, First Engrossed



  1  transferred to the third-party administrator for deposit in

  2  the board's administrative fund. 

  3         (6)  DEDUCTIONS.--The board or the third-party

  4  administrator may deduct reasonable fees and apply appropriate

  5  charges to participants' accounts. Payments for third-party

  6  administrative or educational expenses shall be made only

  7  pursuant to the terms of the approved contracts for such

  8  services. In no event shall administrative and educational

  9  expenses exceed the portion of employer contributions

10  earmarked for such expenses pursuant to this section, except

11  for reasonable administrative charges assessed against

12  participant accounts of persons for whom no employer

13  contributions are made during the year. Investment management

14  fees shall be deducted from the gross returns earned by each

15  authorized investment product or approved provider, pursuant

16  to the terms of the contract between the provider and the

17  board.

18         (7)  PAYMENT AND DISTRIBUTION OF

19  CONTRIBUTIONS.--Contributions made pursuant to this section

20  shall be paid by the employer to the third-party administrator

21  by electronic funds transfer no later than the 5th day of the

22  month immediately following the month during which the payroll

23  period ended. The board and the third-party administrator

24  shall ensure that the contributions are distributed to the

25  appropriate trust funds or participant accounts in a timely

26  manner.

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

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

29  read:

30

31


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                                          HB 2393, First Engrossed



  1         121.021  Definitions.--The following words and phrases

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

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

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

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

  6  following statuses:

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

  8         1.  Completes 8 10 or more years of creditable service

  9  and attains age 62; or

10         2.  Completes 30 years of creditable service,

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

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

13  under any other system.

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

15         1.  Completes 8 10 or more years of creditable service

16  in the Special Risk Class and attains age 55;

17         2.  Completes 25 years of creditable service in the

18  Special Risk Class, regardless of age; or

19         3.  Completes 25 years of creditable service and

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

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

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

23  the Special Risk Class.

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

25  member:

26         1.  Completes 7 years of creditable service in the

27  Senior Management Service Class and attains age 62; or

28         2.  Completes 30 years of any creditable service,

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

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

31  under any other system.


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                                          HB 2393, First Engrossed



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

  2         1.  Completes 8 years of creditable service in the

  3  Elected Officers' Class and attains age 62; or

  4         2.  Completes 30 years of any creditable service,

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

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

  7  under any other system.

  8

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

10  date."

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

12  a member is eligible to receive a future retirement benefit

13  upon completion of the required years of creditable service

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

15  may have terminated covered employment before reaching normal

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

17  member to a disability benefit. Provisions governing

18  entitlement to disability benefits are set forth under s.

19  121.091(4) based on a disability caused by an injury or

20  disease that occurs after termination of covered employment.

21         (b)  Effective July 1, 2001, an 8-year vesting

22  requirement shall be implemented for the Regular Class, the

23  Special Risk Class, and the Special Risk Administrative

24  Support Class of the defined benefit program of the Florida

25  Retirement System.  Pursuant thereto:

26         1.  Any member employed in a regularly established

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

28  total of 8 years of creditable service shall be considered

29  vested as described in paragraph (a).

30         2.  Any member not employed in a regularly established

31  position on July 1, 2001, shall be deemed vested upon


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                                          HB 2393, First Engrossed



  1  completion of 8 years of creditable service, provided that

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

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

  4  required to complete more years of creditable service than

  5  would have been required for that member to vest under

  6  retirement laws in effect before July 1, 2001.

  7         Section 5.  Paragraph (a) of subsection (2) of section

  8  121.051, Florida Statutes, is amended to read:

  9         121.051  Participation in the system.--

10         (2)  OPTIONAL PARTICIPATION.--

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

12  existing system, except any officer or employee of any

13  nonprofit professional association or corporation, may elect,

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

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

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

17  transfer membership from the existing system to this system.

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

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

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

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

22  has retired under any state retirement system shall not be

23  eligible to transfer to the Florida Retirement System created

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

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

26  of membership in a state retirement system and who continues

27  employment without participating in the Florida Retirement

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

29  eligible, participate in the Florida Retirement System and

30  purchase prior service in accordance with this chapter.  Any

31  former member of an existing system who was permitted to


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                                          HB 2393, First Engrossed



  1  transfer to the Florida Retirement System while employed by

  2  the University Athletic Association, Inc., a nonprofit

  3  association connected with the University of Florida, during

  4  this or subsequent transfer periods, contrary to the

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

  6  of the Florida Retirement System, the provisions of this

  7  paragraph to the contrary notwithstanding.  Any officer or

  8  employee of the University Athletic Association, Inc.,

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

10  Florida Retirement System and who chose in writing on a

11  University Athletic Association Plan Participation Election

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

13  to terminate his or her participation in the Florida

14  Retirement System shall hereby have such termination of

15  participation confirmed and declared irrevocable retroactive

16  to the date Florida Retirement System retirement contributions

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

18  following specific conditions shall apply to any such officer

19  or employee whose participation was so terminated: The officer

20  or employee shall retain all creditable service earned in the

21  Florida Retirement System through the month that retirement

22  contributions ceased to be reported and no creditable service

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

24  shall not be eligible for disability retirement or death in

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

26  participation terminated; and, the officer or employee may

27  participate in the Florida Retirement System in the future

28  only if employed by a participating employer in a regularly

29  established position.

30         2.  Any member transferring from the existing system

31  under chapter 238 shall retain rights to survivor benefits


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                                          HB 2393, First Engrossed



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

  2  insured for disability benefits under social security,

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

  4  shall exist.

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

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

  7  transfer to this system under the provisions of subparagraph

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

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

10  418(d)(6)(F), to become a member of this system at any time

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

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

13  transfer membership from an existing system to this system.

14  Such transfer shall be subject to the following conditions:

15         a.  All persons electing to transfer to the Florida

16  Retirement System under this subparagraph shall be transferred

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

18  provisions of the Florida Retirement System retroactively to

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

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

21         b.  Social security coverage incidental to such

22  elective membership in the Florida Retirement System shall be

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

24  member for retroactive social security coverage shall, at the

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

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

27  remaining in the individual account of such member and the

28  total amount which such member would have contributed had he

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

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

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


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                                          HB 2393, First Engrossed



  1  1975, or by his or her date of retirement, if earlier.

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

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

  4  unpaid on said date.

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

  6  into the Social Security Contribution Trust Fund the amount

  7  required by federal laws and regulations to be contributed

  8  with respect to social security coverage for the years after

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

10  transfer to the Florida Retirement System in accordance with

11  this subparagraph and who qualify for retroactive social

12  security coverage.  The amount paid from this appropriation

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

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

15  charge the difference between the matching contributions

16  actually made for the affected employees from November 30,

17  1970, to June 30, 1972, and the amount of matching

18  contributions that would have been required under the Florida

19  Retirement System.

20         d.  The net amounts charged the employing agencies for

21  employees transferring to the Florida Retirement System under

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

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

24  compounded annually until paid, shall be charged on any

25  balance remaining unpaid on said date.

26         e.  The administrator shall request such modification

27  of the state's agreement with the Social Security

28  Administration, or any referendum required under the Social

29  Security Act governing social security coverage, as may be

30  required to implement the provisions of this law.  Retroactive

31  social security coverage for service with an employer prior to


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                                          HB 2393, First Engrossed



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

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

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

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

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

  6  nonprofit professional association or corporation, may elect,

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

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

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

10  transfer membership from the existing system to this system.

11  This decision to transfer or not to transfer shall become

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

13  transfer during the transfer period shall become members of

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

15  subject to the provisions of the Florida Retirement System on

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

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

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

19  covered under the existing system, subject to the provisions

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

21  Retirement System of Florida under chapter 238 to the Florida

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

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

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

25  disability benefits under the Social Security Act, whichever

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

27  exist.

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

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

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

31  nonprofit professional association or corporation, may elect,


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                                          HB 2393, First Engrossed



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

  2  between January 2, 1982, and May 31, 1982, 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  This decision to transfer or not to transfer shall become

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

  7  during the transfer period shall become members of the Florida

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

  9  provisions of the Florida Retirement System on and after that

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

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

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

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

14  member transferring from the Teachers' Retirement System under

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

16  1979, shall retain rights to survivor benefits under chapter

17  238 from January 1, 1979, through December 31, 1983, or until

18  fully insured for disability benefits under the federal Social

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

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

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

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

23  1982, through June 30, 1987, or until fully insured for

24  disability benefits under the federal Social Security Act,

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

26  shall exist.

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

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

29  Retirement System and resulting from the passage of chapter

30  78-308, Laws of Florida, and chapter 80-242, Laws of Florida,

31


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                                          HB 2393, First Engrossed



  1  shall become an obligation of the Florida Retirement System

  2  Trust Fund.

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

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

  5  the Florida Retirement System was allowed as described in rule

  6  22B-1.004(2)(a), Florida Administrative Code, or as provided

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

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

  9  1, 1991, and May 29, 1991, inclusive, by notifying his or her

10  employer in writing of the desire to transfer membership from

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

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

13  Failure to notify the employer shall result in compulsory

14  membership in the existing system.  All members electing to

15  transfer during the transfer period shall become members of

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

17  subject to the provisions of the Florida Retirement System on

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

19  existing system under chapter 238 to the Florida Retirement

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

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

22  30, 1996, or until fully insured for benefits under the

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

24  and thereafter no such rights shall exist.

25         Section 6.  Effective July 1, 2001, paragraph (a) of

26  subsection (7) of section 121.0515, Florida Statutes, is

27  amended to read:

28         121.0515  Special risk membership; criteria;

29  designation and removal of classification; credits for past

30  service and prior service; retention of special risk normal

31  retirement date.--


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                                          HB 2393, First Engrossed



  1         (7)  RETENTION OF SPECIAL RISK NORMAL RETIREMENT

  2  DATE.--

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

  4  to a nonspecial risk law enforcement, firefighting,

  5  correctional, or emergency medical care administrative support

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

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

  8  correctional, or emergency medical care agency under the

  9  Florida Retirement System, shall participate in the Special

10  Risk Administrative Support Class and shall earn credit for

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

12  regular member.  Notwithstanding the provisions of subsection

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

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

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

16  121.021(29)(b), provided that, while in such position, the

17  member remains certified as a law enforcement officer,

18  firefighter, correctional officer, emergency medical

19  technician, or paramedic; remains subject to reassignment at

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

21  and completes an aggregate of 8 10 or more years of service as

22  a designated special risk member prior to retirement.

23         Section 7.  Effective July 1, 2001, subsection (8) of

24  section 121.052, Florida Statutes, is amended to read:

25         121.052  Membership class of elected officers.--

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

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

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

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

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

31  are needed to attain the normal retirement date specified in


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                                          HB 2393, First Engrossed



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

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

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

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

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

  6  121.021(29)(a).

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

  8  121.053, Florida Statutes, is amended to read:

  9         121.053  Participation in the Elected Officers' Class

10  for retired members.--

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

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

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

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

15  entitled to receive an additional retirement benefit for such

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

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

18  follows:

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

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

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

22  or her intent to purchase elected officer service prior to

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

24  for the period being claimed, plus 4 percent interest

25  compounded annually from the first year of service claimed

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

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

28  Retirement System Trust Fund; however, such member may

29  purchase retirement credit under the Elected Officers' Class

30  only for such service as an elected officer.

31


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                                          HB 2393, First Engrossed



  1         2.  Upon payment of the amount specified in

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

  3  Retirement System Trust Fund the applicable employer

  4  contribution for the period of elected officer service prior

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

  6  interest compounded annually from the first year of service

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

  8  compounded annually thereafter, until full payment is made to

  9  the Florida Retirement System Trust Fund.

10         Section 9.  Effective July 1, 2001, paragraph (i) of

11  subsection (1) of section 121.081, Florida Statutes, is

12  amended to read:

13         121.081  Past service; prior service;

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

15  service may be claimed and credited are:

16         (1)

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

18  a state-administered retirement system and who was granted

19  educational leave with pay pursuant to a written educational

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

21  leave as past service subject to the following conditions:

22         1.  The educational leave must have occurred prior to

23  December 31, 1971;

24         2.  The member must have completed at least 8 10 years

25  of creditable service excluding the period of the educational

26  leave;

27         3.  The employee must have returned to employment with

28  a state agency employer who participated in the retirement

29  system, which return was immediately upon termination of the

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

31


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                                          HB 2393, First Engrossed



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

  2  employment;

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

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

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

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

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

  8  state or federal retirement system; and

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

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

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

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

13  claimed, plus 4 percent interest thereon compounded annually

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

15  1, 1975, and 6.5 percent interest thereafter on the unpaid

16  balance compounded annually each June 30 until paid.

17         Section 10.  Effective July 1, 2001, paragraph (b) of

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

19  amended to read:

20         121.1115  Purchase of retirement credit for

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

22  a member of the Florida Retirement System may purchase

23  creditable service for periods of public employment in another

24  state and receive creditable service for such periods of

25  employment. Service with the Federal Government, including any

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

27  of service earned under the Florida Retirement System, a

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

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

30  provisions:

31


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                                          HB 2393, First Engrossed



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

  2  the out-of-state service:

  3         (b)  The member must have completed a minimum of 8 10

  4  years of creditable service under the Florida Retirement

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

  6  claimed and purchased under s. 121.1122.

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

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

  9  amended to read:

10         121.1122  Purchase of retirement credit for in-state

11  public service and in-state service in accredited nonpublic

12  schools and colleges, including charter schools and charter

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

14  of the Florida Retirement System may purchase creditable

15  service for periods of certain public or nonpublic employment

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

17         (2)  LIMITATIONS AND CONDITIONS.--

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

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

20  completed 8 10 years of creditable service under the Florida

21  Retirement System, excluding service purchased under this

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

23  s. 121.1115.

24         Section 12.  Effective July 1, 2001, paragraph (a) of

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

26  amended to read:

27         121.121  Authorized leaves of absence.--

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

29  2 work years of authorized leaves of absence if:

30

31


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                                          HB 2393, First Engrossed



  1         (a)  The member has completed a minimum of 8 10 years

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

  3  absence was authorized;

  4         Section 13.  Paragraph (b) of subsection (2) of section

  5  215.32, Florida Statutes, is amended to read:

  6         215.32  State funds; segregation.--

  7         (2)  The source and use of each of these funds shall be

  8  as follows:

  9         (b)1.  The trust funds shall consist of moneys received

10  by the state which under law or under trust agreement are

11  segregated for a purpose authorized by law.  The state agency

12  or branch of state government receiving or collecting such

13  moneys shall be responsible for their proper expenditure as

14  provided by law.  Upon the request of the state agency or

15  branch of state government responsible for the administration

16  of the trust fund, the Comptroller may establish accounts

17  within the trust fund at a level considered necessary for

18  proper accountability. Once an account is established within a

19  trust fund, the Comptroller may authorize payment from that

20  account only upon determining that there is sufficient cash

21  and releases at the level of the account.

22         2.  In order to maintain a minimum number of trust

23  funds in the State Treasury, each state agency or the judicial

24  branch may consolidate, if permitted under the terms and

25  conditions of their receipt, the trust funds administered by

26  it; provided, however, the agency or judicial branch employs

27  effectively a uniform system of accounts sufficient to

28  preserve the integrity of such trust funds; and provided,

29  further, that consolidation of trust funds is approved by the

30  Administration Commission or the Chief Justice.

31


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                                          HB 2393, First Engrossed



  1         3.  All such moneys are hereby appropriated to be

  2  expended in accordance with the law or trust agreement under

  3  which they were received, subject always to the provisions of

  4  chapter 216 relating to the appropriation of funds and to the

  5  applicable laws relating to the deposit or expenditure of

  6  moneys in the State Treasury.

  7         4.a.  Notwithstanding any provision of law restricting

  8  the use of trust funds to specific purposes, unappropriated

  9  cash balances from selected trust funds may be authorized by

10  the Legislature for transfer to the Budget Stabilization Fund

11  and Working Capital Fund in the General Appropriations Act.

12         b.  This subparagraph does not apply to trust funds

13  required by federal programs or mandates; trust funds

14  established for bond covenants, indentures, or resolutions

15  whose revenues are legally pledged by the state or public body

16  to meet debt service or other financial requirements of any

17  debt obligations of the state or any public body; the State

18  Transportation Trust Fund; the trust fund containing the net

19  annual proceeds from the Florida Education Lotteries; the

20  Florida Retirement System Trust Fund; trust funds under the

21  management of the Board of Regents, where such trust funds are

22  for auxiliary enterprises, self-insurance, and contracts,

23  grants, and donations, as those terms are defined by general

24  law; trust funds that serve as clearing funds or accounts for

25  the Comptroller or state agencies; trust funds that account

26  for assets held by the state in a trustee capacity as an agent

27  or fiduciary for individuals, private organizations, or other

28  governmental units; and other trust funds authorized by the

29  State Constitution.

30         Section 14.  Paragraph (e) of subsection (1) of section

31  112.665, Florida Statutes, is amended to read:


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                                          HB 2393, First Engrossed



  1         112.665  Duties of Department of Management Services.--

  2         (1)  The Department of Management Services shall:

  3         (e)  Issue, by January 1 annually, a report to the

  4  Special District Information Program of the Department of

  5  Community Affairs that includes the participation in and

  6  compliance of special districts with the local government

  7  retirement system provisions in s. 112.63 and the

  8  state-administered retirement system provisions as specified

  9  in part I of chapter 121; and

10         Section 15.  Paragraphs (a) of subsection (1) of

11  section 121.091, Florida Statutes, are amended to read:

12         121.091  Benefits payable under the system.--Benefits

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

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

15  begun participation in the Deferred Retirement Option Program

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

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

18  department may cancel an application for retirement benefits

19  when the member or beneficiary fails to timely provide the

20  information and documents required by this chapter and the

21  department's rules. The department shall adopt rules

22  establishing procedures for application for retirement

23  benefits and for the cancellation of such application when the

24  required information or documents are not received.

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

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

27  the administrator, shall receive a monthly benefit which shall

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

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

30  thereafter during his or her lifetime. The normal retirement

31  benefit, including any past or additional retirement credit,


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                                          HB 2393, First Engrossed



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

  2  The amount of monthly benefit shall be calculated as the

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

  4  applicable, as set forth below:

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

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

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

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

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

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

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

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

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

14  final compensation.

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

16         a.  Two percent of the member's average final

17  compensation for all creditable years prior to October 1,

18  1974;

19         b.  Three percent of the member's average final

20  compensation for all creditable years after September 30,

21  1974, and before October 1, 1978;

22         c.  Two percent of the member's average final

23  compensation for all creditable years after September 30,

24  1978, and before January 1, 1989;

25         d.  Two and two-tenths percent of the member's final

26  monthly compensation for all creditable years after December

27  31, 1988, and before January 1, 1990;

28         e.  Two and four-tenths percent of the member's average

29  final compensation for all creditable years after December 31,

30  1989, and before January 1, 1991;

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                                          HB 2393, First Engrossed



  1         f.  Two and six-tenths percent of the member's average

  2  final compensation for all creditable years after December 31,

  3  1990, and before January 1, 1992;

  4         g.  Two and eight-tenths percent of the member's

  5  average final compensation for all creditable years after

  6  December 31, 1991, and before January 1, 1993; and

  7         h.  Three percent of the member's average final

  8  compensation for all creditable years after December 31, 1992;

  9  and

10         i.  Three percent of the member's average final

11  compensation for all creditable years of service after

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

13  special risk member who retires after July 1, 2000.

14         3.  For creditable years of Senior Management Service

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

16         4.  For creditable years of Elected Officers' Class

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

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

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

20  all other creditable service in such class, A is 3 percent of

21  average final compensation;

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

23  costs attributable to increases in the retirement accrual

24  rates for October 1978 through December 1992 for members of

25  the Special Risk Class shall be funded by recognition of a

26  lump sum from the excess actuarial assets of the Florida

27  Retirement System Trust Fund as follows:

28         (1)  For fiscal year 2000-2001, the lump sum to be

29  recognized shall be the greater of:

30         (a)  $350 million; or

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                                          HB 2393, First Engrossed



  1         (b)  the amount available under the rate stabilization

  2  mechanism described in s. 121.031, Florida Statutes, after any

  3  other recognition of excess actuarial assets pursuant to this

  4  act.

  5         (2)(a)  For fiscal years 2001-2002 and 2002-2003, the

  6  lump sums to be recognized shall be the lesser of:

  7         1.  the amount available under the rate stabilization

  8  mechanism described in s. 121.031, Florida Statutes, after any

  9  other recognition of excess actuarial assets pursuant to this

10  act; or

11         2.  the remaining amount needed to fully fund the

12  benefit accrual rate.

13         (b)  If, after the recognition of excess actuarial

14  assets pursuant to subsection (2) and paragraph (a), there

15  remains an unfunded actuarial liability attributable to the

16  increase in the retirement accrual rates for the Special Risk

17  Class, the contribution rate applicable to the Special Risk

18  Class of the Florida Retirement System shall be increased by

19  1.85 percentage points, effective July 1, 2002, unless the

20  Legislature provides an alternative funding mechanism.

21         Section 17.  Effective July 1, 2001, paragraph (a) of

22  subsection (4) of section 121.091, Florida Statutes, is

23  amended to read:

24         121.091  Benefits payable under the system.--Benefits

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

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

27  begun participation in the Deferred Retirement Option Program

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

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

30  department may cancel an application for retirement benefits

31  when the member or beneficiary fails to timely provide the


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                                          HB 2393, First Engrossed



  1  information and documents required by this chapter and the

  2  department's rules. The department shall adopt rules

  3  establishing procedures for application for retirement

  4  benefits and for the cancellation of such application when the

  5  required information or documents are not received.

  6         (4)  DISABILITY RETIREMENT BENEFIT.--

  7         (a)  Disability retirement; entitlement and effective

  8  date.--

  9         1.a.  A member who becomes totally and permanently

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

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

12  and permanently disabled in the line of duty regardless of

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

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

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

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

17  completed 10 years of creditable service prior to becoming

18  totally and permanently disabled in order to receive

19  disability retirement benefits for any disability which occurs

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

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

22  as of that date, becomes totally and permanently disabled

23  after completing 5 years of creditable service and is found

24  not to have attained fully insured status for benefits under

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

26  to a monthly disability benefit.

27         b.  Effective July 1, 2001, a member of the defined

28  benefit retirement program who becomes totally and permanently

29  disabled, as defined in paragraph (b), after completing 8

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

31


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                                          HB 2393, First Engrossed



  1  and permanently disabled in the line of duty regardless of

  2  service, shall be entitled 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         Section 18.  Effective July 1, 2001, subsections (2)

14  and (3) of section 112.363, Florida Statutes, are amended to

15  read:

16         112.363  Retiree health insurance subsidy.--

17         (2)  ELIGIBILITY FOR RETIREE HEALTH INSURANCE

18  SUBSIDY.--

19         (a)  A person who is retired under a state-administered

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

21  financial dependent entitled to receive benefits under a

22  state-administered retirement system, is eligible for health

23  insurance subsidy payments provided under this section; except

24  that pension recipients under ss. 121.40, 238.07(16)(a), and

25  250.22, recipients of health insurance coverage under s.

26  110.1232, or any other special pension or relief act shall not

27  be eligible for such payments.

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

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

30  she terminates employment with all employers participating in

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                                          HB 2393, First Engrossed



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

  2  and:

  3         1.  For a participant of the Public Employee Optional

  4  Retirement Program established under part II of chapter 121,

  5  the participant meets the age or service requirements to

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

  7         2.  For a member of the Florida Retirement System

  8  defined benefit program, or any employee who maintains

  9  creditable service under both the defined benefit program and

10  the Public Employee Optional Retirement Program, the member

11  begins drawing retirement benefits from the defined benefit

12  program of the Florida Retirement System.

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

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

15  System, including any participant of the defined contribution

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

17  have satisfied the vesting requirements for his or her

18  membership class under the Florida Retirement System defined

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

20         2.  Notwithstanding the provisions of subparagraph 1.,

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

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

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

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

25  appropriate.

26         (d)  Payment of the retiree health insurance subsidy

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

28  retiree or beneficiary has been certified in writing to the

29  Department of Management Services. Participation in a former

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

31  for eligibility under this section.


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                                          HB 2393, First Engrossed



  1         (e)  However, Participants in the Senior Management

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

  3  and the State University System Optional Retirement Program as

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

  5  insurance subsidy provided in this section.  The employer of

  6  such participant shall pay the contributions required in

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

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

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

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

11  or a beneficiary who is a spouse or financial dependent

12  thereof shall receive a monthly retiree health insurance

13  subsidy payment equal to the number of years of creditable

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

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

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

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

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

19  receive a monthly retiree health insurance subsidy payment

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

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

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

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

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

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

26  receive a monthly retiree health insurance subsidy payment

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

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

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

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

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                                          HB 2393, First Engrossed



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

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

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

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

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

  6  health insurance subsidy payment equal to the number of years

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

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

  9  eligible retiree or such beneficiary may receive a subsidy

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

11  multiple beneficiaries, the total payment must not be greater

12  than the payment to which the retiree was entitled.

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

14  the defined benefit program of the Florida Retirement System,

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

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

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

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

19  health insurance subsidy payment equal to the number of years

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

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

22  eligible retiree or beneficiary may receive a subsidy payment

23  of more than $150 or less than $40.  If there are multiple

24  beneficiaries, the total payment must not be greater than the

25  payment to which the retiree was entitled.  Notwithstanding

26  the provisions of this paragraph, the health insurance subsidy

27  amount payable to any person receiving the retiree health

28  insurance subsidy payment on July 1, 2001, shall not be

29  reduced.

30         2.  Beginning July 1, 2002, each eligible participant

31  of the Public Employee Optional Retirement Program of the


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                                          HB 2393, First Engrossed



  1  Florida Retirement System who has met the requirements of this

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

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

  4  a monthly retiree health insurance subsidy payment equal to

  5  the number of years of creditable service, as provided in this

  6  subparagraph, completed at the time of retirement, multiplied

  7  by $5; however, no eligible retiree or beneficiary may receive

  8  a subsidy payment of more than $150 or less than $40.  For

  9  purposes of determining a participant's creditable service

10  used to calculate the health insurance subsidy, a

11  participant's years of service credit or fraction thereof

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

13  121.021(54).  Credit shall be awarded for a full work year

14  whenever health insurance subsidy contributions have been made

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

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

17  under the Florida Retirement System defined benefit program

18  shall be included as creditable service for purposes of this

19  section.

20         Section 19.  Paragraph (b) of subsection (1) and

21  paragraph (e) of subsection (6) of section 121.055, Florida

22  Statutes, are amended to read:

23         121.055  Senior Management Service Class.--There is

24  hereby established a separate class of membership within the

25  Florida Retirement System to be known as the "Senior

26  Management Service Class," which shall become effective

27  February 1, 1987.

28         (1)

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

30  January 1, 1990, participation in the Senior Management

31  Service Class shall be compulsory for the president of each


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                                          HB 2393, First Engrossed



  1  community college, the manager of each participating city or

  2  county, and all appointed district school superintendents.

  3  Effective January 1, 1994, additional positions may be

  4  designated for inclusion in the Senior Management Service

  5  Class of the Florida Retirement System, provided that:

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

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

  8  designate positions for inclusion in the class shall be

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

10  of general circulation published in the county or counties

11  affected, as provided in chapter 50.

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

13  position may be designated for each local agency employer

14  reporting to the Department of Management Services; for local

15  agencies with 100 or more regularly established positions,

16  additional nonelective full-time positions may be designated,

17  not to exceed 1 percent of the regularly established positions

18  within the agency.

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

20  managerial or policymaking position filled by an employee who

21  is not subject to continuing contract and serves at the

22  pleasure of the local agency employer without civil service

23  protection, and who:

24         (I)  Heads an organizational unit; or

25         (II)  Has responsibility to effect or recommend

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

27  her areas of responsibility.

28         2.  In lieu of participation in the Senior Management

29  Service Class, members of the Senior Management Service Class

30  pursuant to the provisions of subparagraph 1. may withdraw

31  from the Florida Retirement System altogether. The decision to


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                                          HB 2393, First Engrossed



  1  withdraw from the Florida Retirement System shall be

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

  3  Any service creditable under the Senior Management Service

  4  Class shall be retained after the member withdraws from the

  5  Florida Retirement System; however, additional service credit

  6  in the Senior Management Service Class shall not be earned

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

  8  participate in the Senior Management Service Optional Annuity

  9  Program.

10         (6)

11         (e)  Benefits.--

12         1.  Benefits shall be payable under the Senior

13  Management Service Optional Annuity Program only to

14  participants in the program, or their beneficiaries as

15  designated by the participant in the contract with a provider

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

17  company in accordance with the terms of the annuity contract

18  or contracts applicable to the participant. A participant must

19  be terminated from all employment with all Florida Retirement

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

21  receiving the employer-funded benefit. Benefits funded by

22  employer contributions shall be payable only as a lifetime

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

24  her estate, except for:

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

26  death of the participant; or

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

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

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

30  optional annuity program participation. A de minimis account

31  is an account with a provider company containing employer


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                                          HB 2393, First Engrossed



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

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

  3  be a complete liquidation of the account balance with that

  4  company and is subject to the provisions of the Internal

  5  Revenue Code; or

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

  7  accrued benefits, plus interest and investment earnings, are

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

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

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

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

12  Management Service Optional Annuity Program, and any

13  contribution accumulated under such program, shall not be

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

15  legal process whatsoever.

16         3.  A participant who receives optional annuity program

17  benefits funded by employer contributions shall be deemed to

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

19  event of subsequent employment with any employer that

20  participates in the Florida Retirement System.

21         Section 20.  Effective July 1, 2001, in order to fund

22  the normal cost for changes in the vesting requirements under

23  the Florida Retirement System, as provided in this act:

24         (1)  The contribution rate that applies to the Regular

25  Class of the Florida Retirement System shall be increased by

26  0.20 percentage point.

27         (2)  The contribution rate that applies to the Special

28  Risk Class of the Florida Retirement System shall be increased

29  by 0.33 percentage point.

30

31


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                                          HB 2393, First Engrossed



  1         (3)  The contribution rate that applies to the Special

  2  Risk Administrative Support Class of the Florida Retirement

  3  System shall be increased by 0.18 percentage point.

  4         (4)  The contribution rate that applies to the Judicial

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

  6  Retirement System shall be increased by 0.15 percentage point.

  7         (5)  The contribution rate that applies to the

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

  9  Officers' Class of the Florida Retirement System shall be

10  increased by 0.04 percentage point.

11         (6)  The contribution rate that applies to the County

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

13  Florida Retirement System shall be increased by 0.05

14  percentage point.

15         (7)  The contribution rate that applies to the Senior

16  Management Service Class of the Florida Retirement System

17  shall be increased by 0.03 percentage point.

18

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

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

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

22  directed to adjust the contribution rates set forth in ss.

23  121.052, 121.055, and 121.071, Florida Statutes.

24         Section 21.  (1)  Effective July 1, 2001, in order to

25  fund the normal cost increases attributable to the 1999

26  actuarial experience study:

27         (a)  The contribution rate that applies to the Regular

28  Class of the Florida Retirement System shall be increased by

29  0.28 percentage point.

30

31


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                                          HB 2393, First Engrossed



  1         (b)  The contribution rate that applies to the Special

  2  Risk Class of the Florida Retirement System shall be increased

  3  by 1.13 percentage points.

  4         (c)  The contribution rate that applies to the Special

  5  Risk Administrative Support Class of the Florida Retirement

  6  System shall be increased by 0.65 percentage point.

  7         (d)  The contribution rate that applies to the Judicial

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

  9  Retirement System shall be increased by 0.00 percentage

10  points.

11         (e)  The contribution rate that applies to the

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

13  Officers' Class of the Florida Retirement System shall be

14  increased by 0.00 percentage points.

15         (f)  The contribution rate that applies to the County

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

17  Florida Retirement System shall be increased by 0.11

18  percentage point.

19         (g)  The contribution rate that applies to the Senior

20  Management Service Class of the Florida Retirement System

21  shall be increased by 0.36 percentage point.

22

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

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

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

26  directed to adjust the contribution rates set forth in ss.

27  121.052, 121.055, and 121.071, Florida Statutes.

28         (2)  It is the intent of the Legislature that the

29  increased costs attributable to the 1999 actuarial experience

30  study for the 2000-2001 fiscal year shall be funded by a

31


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                                          HB 2393, First Engrossed



  1  one-time recognition of a lump sum from the excess actuarial

  2  assets of the Florida Retirement System Trust Fund.

  3         Section 22.  Effective July 1, 2002, in order to fund

  4  the changes in normal cost for the defined benefit retirement

  5  program resulting from the implementation of the Public

  6  Employee Optional Retirement Program, as created by this act:

  7         (1)  The contribution rate that applies to the Regular

  8  Class of the Florida Retirement System shall be increased by

  9  0.21 percentage point.

10         (2)  The contribution rate that applies to the Special

11  Risk Class of the Florida Retirement System shall be increased

12  by 0.01 percentage point.

13         (3)  The contribution rate that applies to the Special

14  Risk Administrative Support Class of the Florida Retirement

15  System shall be decreased by 0.02 percentage point.

16         (4)  The contribution rate that applies to the Judicial

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

18  Retirement System shall be increased by 0.00 percentage

19  points.

20         (5)  The contribution rate that applies to the

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

22  Officers' Class of the Florida Retirement System shall be

23  increased by 0.07 percentage point.

24         (6)  The contribution rate that applies to the County

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

26  Florida Retirement System shall be increased by 0.00

27  percentage points.

28         (7)  The contribution rate that applies to the Senior

29  Management Service Class of the Florida Retirement System

30  shall be increased by 0.00 percentage points.

31


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                                          HB 2393, First Engrossed



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

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

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

  4  directed to adjust the contribution rates set forth in ss.

  5  121.052, 121.055, and 121.071, Florida Statutes.

  6         Section 23.  (1)  Effective July 1, 2000, for fiscal

  7  years 2000-2001 and 2001-2002, the contribution rates for the

  8  Regular Class, Special Risk Class, Special Risk Administrative

  9  Support Class, each sub-class of the Elected Officers' Class,

10  and the Senior Management Service Class each shall be reduced

11  by 0.1 percentage point. These reductions shall be in addition

12  to all other changes to such contribution rates which may be

13  enacted into law to take effect on that date.

14         (2)  It is the intent of the Legislature that the costs

15  attributable to the reduction of contribution rates pursuant

16  to subsection (1) shall be funded by a recognition of a lump

17  sum from the excess actuarial assets of the Florida Retirement

18  System Trust Fund for fiscal years 2000-2001 and 2001-2002.

19         Section 24.  (1)  In order to implement the provisions

20  of this act, the State Board of Administration, the Department

21  of Management Services and the employers participating in the

22  Florida Retirement System shall coordinate efforts to the

23  greatest extent practicable.

24         (2)(a)  For fiscal years 2000-2001 and 2001-2002, each

25  employer participating in the Florida Retirement System

26  administered pursuant to chapter 121, Florida Statutes, shall

27  pay an additional contribution to the Division of Retirement

28  equal to 0.1 percent of each member's gross compensation for

29  deposit in the division's Operating Trust Fund.  The

30  contributions shall be made for each pay period and are in

31  addition to all contributions required for the Florida


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                                          HB 2393, First Engrossed



  1  Retirement System, social security, and the Retiree Health

  2  Insurance Subsidy Trust Fund.

  3         (b)  Such contributions shall be transferred

  4  immediately from the division's Operating Trust Fund to the

  5  State Board of Administration's Administrative Expense Trust

  6  Fund to offset the costs of implementing the Public Employee

  7  Optional Retirement Program as created by this act.  Such

  8  funds are appropriated to the State Board of Administration to

  9  offset reasonable expenses incurred by the board and the

10  Public Employee Optional Retirement Program Advisory

11  Committee.  The board may transfer such funds as are necessary

12  to the Division of Retirement in order to carry out the

13  provisions of this act.

14         (3)  There are hereby authorized 20 FTEs in the State

15  Board of Administration for the trustees to establish a

16  separate staff to implement the Public Employee Optional

17  Retirement Program.

18         Section 25.  Paragraph (a) of subsection (3) of section

19  121.031, F.S., is amended to read:

20         121.031  Administration of system; appropriation;

21  oaths; actuarial studies; public records.--

22         (3)  The administrator shall cause an actuarial study

23  of the system to be made at least annually once every 2 years

24  and shall report the results of such study to the Legislature

25  by December 31 February 1 prior to the next legislative

26  session.

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

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

29  additions:

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

31  5-year averaging methodology such as that specified in the


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                                          HB 2393, First Engrossed



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

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

  3  attenuate fluctuations in asset values.

  4         2.  The study shall include a narrative explaining the

  5  changes in the covered group over the period between actuarial

  6  valuations and the impact of those changes on actuarial

  7  results.

  8         3.  When substantial changes in actuarial assumptions

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

10  actuarial assumption as of the current date based on the

11  assumptions utilized in the prior actuarial report.

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

13  in actuarial valuation results by the factors generating those

14  changes.  Such analysis shall reconcile the current actuarial

15  valuation results with those results from the prior valuation.

16         5.  The study shall include measures of funding status

17  and funding progress designed to facilitate the assessment of

18  trends over several actuarial valuations with respect to the

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

20  by the division and shall be used consistently in all

21  actuarial valuations performed on the system.

22         6.  The actuarial model used to determine the adequate

23  level of funding for the Florida Retirement System shall

24  include a specific rate stabilization mechanism, as prescribed

25  herein. It is the intent of the Legislature to maintain as a

26  reserve a specific portion of any actuarial surplus, and to

27  use such reserve for the purpose of offsetting future unfunded

28  liabilities caused by experience losses, thereby minimizing

29  the risk of future increases in contribution rates.  It is

30  further the intent of the Legislature that the use of any

31  excess above the reserve to offset retirement system normal


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                                          HB 2393, First Engrossed



  1  cost will be in a manner that will allow system employers to

  2  plan appropriately for resulting cost reductions and

  3  subsequent cost increases.  The rate stabilization mechanism

  4  shall operate as follows:

  5         a.  The actuarial surplus shall be the value of

  6  actuarial assets over actuarial liabilities, as is determined

  7  on the preceding June 30 or as may be estimated on the

  8  preceding December 31.

  9         b.  The full amount of any experience loss shall be

10  offset, to the extent possible, by any actuarial surplus.

11         c.  If the actuarial surplus exceeds 5 percent of

12  actuarial liabilities, one-half of the excess may be used to

13  offset total retirement system costs.  In addition, if the

14  actuarial surplus exceeds 10 percent of actuarial liabilities,

15  an additional one-fourth of the excess above 10 percent may be

16  used to offset total retirement system costs.  In addition, if

17  the actuarial surplus exceeds 15 percent of actuarial

18  liabilities, an additional one-fourth of the excess above 15

19  percent may be used to offset total retirement system costs.

20         d.  Any surplus amounts available to offset total

21  retirement system costs pursuant to sub-subparagraph c. should

22  be amortized each year over a 10 year rolling period on a

23  level dollar basis.

24         Section 26.  The Legislature finds that a proper and

25  legitimate state purpose is served when employees and retirees

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

27  dependents, survivors, and beneficiaries of such employees and

28  retirees, are extended the basic protections afforded by

29  governmental retirement systems that provide fair and adequate

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

31  actuarially sound manner, as required by s. 14, Art. X of the


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                                          HB 2393, First Engrossed



  1  State Constitution and part VII of chapter 112, Florida

  2  Statutes. Therefore, the Legislature determines and declares

  3  that this act fulfills an important state interest.

  4         Section 27.  Except as otherwise provided herein, this

  5  act shall take effect July 1, 2000, and the Public Employee

  6  Optional Retirement Program created by this act shall be

  7  contingent upon:

  8         1.  The State Board of Administration receiving a

  9  favorable determination letter and a favorable private letter

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

11  the Internal Revenue Service refuses to act upon a request for

12  a private letter ruling, then a favorable legal opinion from a

13  qualified tax attorney or firm may be substituted for such

14  private-letter ruling.

15         2.  The State Board of Administration having selected

16  and contracted with the third-party administrator.

17         3.  The third-party administrator having successfully

18  established data links with the employers participating in the

19  Florida Retirement System.

20         4.  The education component of the Public Employee

21  Optional Retirement Program having been available for at least

22  90 days.

23         5.  A diversified portfolio of financial instruments

24  having become available to participants of the Public Employee

25  Optional Retirement Program.

26

27

28

29

30

31


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