Senate Bill 2408
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    Florida Senate - 2000                                  SB 2408
    By Senators Mitchell, Thomas, Webster, Campbell, Silver, King,
    Rossin, Brown-Waite, Casas, Kurth, Saunders, Horne, Forman,
    Clary, Holzendorf, Sebesta, Bronson, Dyer, Childers, Myers,
    Kirkpatrick, Dawson, Meek, Hargrett, Grant, McKay and Jones
    4-1500-00
  1                      A bill to be entitled
  2         An act relating to agency reorganization;
  3         transferring the Division of Retirement and its
  4         powers, duties, functions, components, and
  5         assets from the Department of Management
  6         Services to the State Board of Administration;
  7         amending s. 110.205, F.S.; providing status of
  8         division personnel under the Career Service
  9         System; amending ss. 20.22, 20.28, 112.05,
10         112.3173, 112.352, 112.354, 112.356, 112.358,
11         112.361, 112.362, 112.363, 112.625, 112.63,
12         112.64, 112.658, 112.665, 121.021, 121.025,
13         121.031, 121.051, 121.0511, 121.0515, 121.052,
14         121.055, 121.071, 121.081, 121.091, 121.101,
15         121.111, 121.133, 121.135, 121.136, 121.1815,
16         121.1905, 121.192, 121.193, 121.22, 121.23,
17         121.24, 121.30, 121.35, 121.40, 121.45, 122.02,
18         122.03, 122.05, 122.06, 122.07, 122.08, 122.09,
19         122.10, 122.12, 122.13, 122.15, 122.16, 122.23,
20         122.30, 122.34, 122.351, 175.032, 175.1215,
21         185.02, 185.105, 215.20, 215.28, 215.50,
22         238.01, 238.02, 238.03, 238.05, 238.07, 238.08,
23         238.09, 238.10, 238.11, 238.12, 238.14, 238.15,
24         238.171, 238.181, 238.32, 650.02, F.S., to
25         conform to such transfer; providing an
26         effective date.
27
28  Be It Enacted by the Legislature of the State of Florida:
29
30         Section 1.  The Division of Retirement of the
31  Department of Management Services is transferred to the State
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  1  Board of Administration. All powers, duties, functions,
  2  records, personnel, property, and unexpended balances of
  3  appropriations, allocations, and other funds relating to the
  4  Division of Retirement are transferred by a type one transfer,
  5  as defined in section 20.06, Florida Statutes, to the State
  6  Board of Administration.
  7         Section 2.  Paragraphs (g) and (h) of subsection (2) of
  8  section 20.22, Florida Statutes, are amended to read:
  9         20.22  Department of Management Services.--There is
10  created a Department of Management Services.
11         (2)  The following divisions and programs within the
12  Department of Management Services are established:
13         (g)  Division of Retirement.
14         (g)(h)  Division of State Group Insurance.
15         Section 3.  Section 20.28, Florida Statutes, is amended
16  to read:
17         20.28  State Board of Administration.--The State Board
18  of Administration, continued by s. 9, Art. XII of the State
19  Constitution, retains all of its powers, duties, and functions
20  as prescribed by law. Within the State Board of
21  Administration, there is established a Division of Retirement,
22  which shall be headed by a director appointed by the board.
23  The director shall be the division's agency head for all
24  purposes in reporting to the board.
25         Section 4.  Paragraph (t) of subsection (2) of section
26  110.205, Florida Statutes, is amended to read:
27         110.205  Career service; exemptions.--
28         (2)  EXEMPT POSITIONS.--The exempt positions which are
29  not covered by this part include the following, provided that
30  no position, except for positions established for a limited
31
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  1  period of time pursuant to paragraph (h), shall be exempted if
  2  the position reports to a position in the career service:
  3         (t)  All officers and employees of the State Board of
  4  Administration and the Division of Retirement. The State Board
  5  of Administration shall set the salaries and benefits of these
  6  positions.
  7         Section 5.  Paragraph (b) of subsection (4) of section
  8  112.05, Florida Statutes, is amended to read:
  9         112.05  Retirement; cost-of-living adjustment;
10  employment after retirement.--
11         (4)
12         (b)  Any person to whom the limitation in paragraph (a)
13  applies who violates such reemployment limitation and is
14  reemployed with any agency participating in the Florida
15  Retirement System prior to completion of the 12-month
16  limitation period shall give timely notice of this fact in
17  writing to the employer and to the Division of Retirement of
18  the State Board of Administration; and the person's retirement
19  benefits shall be suspended for the balance of the 12-month
20  limitation period.  Any person employed in violation of this
21  subsection and any employing agency which knowingly employs or
22  appoints such person without notifying the Division of
23  Retirement Department of Management Services to suspend
24  retirement benefits shall be jointly and severally liable for
25  reimbursement to the retirement trust fund of any benefits
26  paid during the reemployment limitation period.  To avoid
27  liability, such employing agency shall have a written
28  statement from the retiree that he or she is not retired from
29  a state-administered retirement system.  Any retirement
30  benefits received by such person while reemployed during this
31  limitation period shall be repaid to the retirement trust
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  1  fund, and the retirement benefits shall remain suspended until
  2  such repayment has been made. Any benefits suspended beyond
  3  the reemployment limitation period shall apply toward the
  4  repayment of benefits received in violation of the
  5  reemployment limitation.
  6         Section 6.  Paragraph (d) of subsection (4) of section
  7  112.3173, Florida Statutes, is amended to read:
  8         112.3173  Felonies involving breach of public trust and
  9  other specified offenses by public officers and employees;
10  forfeiture of retirement benefits.--
11         (4)  NOTICE.--
12         (d)  The Commission on Ethics shall forward any notice
13  and any other document received by it pursuant to this
14  subsection to the governing body of the public retirement
15  system of which the public officer or employee is a member or
16  from which the public officer or employee may be entitled to
17  receive a benefit. When called on by the Commission on Ethics,
18  the Division of Retirement of the State Board of
19  Administration Department of Management Services shall assist
20  the commission in identifying the appropriate public
21  retirement system.
22         Section 7.  Subsection (7) of section 112.352, Florida
23  Statutes, is amended to read:
24         112.352  Definitions.--The following words and phrases
25  as used in this act shall have the following meaning unless a
26  different meaning is required by the context:
27         (7)  "Division" "Department" means the Division of
28  Retirement of the State Board of Administration Department of
29  Management Services.
30         Section 8.  Section 112.354, Florida Statutes, is
31  amended to read:
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  1         112.354  Eligibility for supplement.--Each retired
  2  member or, if applicable, a joint annuitant, except any person
  3  receiving survivor benefits under the teachers' retirement
  4  system of the state in accordance with s. 238.07(16), shall be
  5  entitled to receive a supplement computed in accordance with
  6  s. 112.355 upon:
  7         (1)  Furnishing to the division Department of
  8  Management Services evidence from the Social Security
  9  Administration setting forth the retired member's social
10  security benefit or certifying the noninsured status of the
11  retired member under the Social Security Act, and
12         (2)  Filing written application with the division
13  Department of Management Services for such supplement.
14         Section 9.  Section 112.356, Florida Statutes, is
15  amended to read:
16         112.356  Payment of supplement.--Any supplement due and
17  payable under this act shall be paid by the division
18  department or under the direction and control of the division
19  department, based on information furnished by the retired
20  member, or a joint annuitant, and the administrator of the
21  system under which retirement benefits are being paid,
22  beginning on the first day of the month coincident with or
23  next following the later of the effective date of this act and
24  the date of approval of the application for supplement by the
25  division department, and payable thereafter on the first day
26  of each month in the normal or optional form in which
27  retirement benefits under the applicable system are being
28  paid; provided, however, that if application for supplement is
29  made subsequent to December 31, 1967, not more than 6
30  retroactive monthly supplements shall be paid.
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  1         Section 10.  Section 112.358, Florida Statutes, is
  2  amended to read:
  3         112.358  Administration of system.--The division
  4  Department of Management Services shall make such rules and
  5  regulations as are necessary for the effective and efficient
  6  administration of this act and the cost to pay the expenses of
  7  such administration is hereby appropriated out of the
  8  appropriate retirement fund.
  9         Section 11.  Paragraph (g) of subsection (2) and
10  subsections (4), (6), and (8) of section 112.361, Florida
11  Statutes, are amended to read:
12         112.361  Additional and updated supplemental retirement
13  benefits.--
14         (2)  DEFINITIONS.--As used in this section, unless a
15  different meaning is required by the context:
16         (g)  "Division" "Department" means the Division of
17  Retirement of the State Board of Administration Department of
18  Management Services.
19         (4)  ELIGIBILITY FOR SUPPLEMENT.--Each retired member
20  or, if applicable, a joint annuitant, except any person
21  receiving survivor's benefits under the Teachers' Retirement
22  System of the state in accordance with  s. 238.07(16), shall
23  be entitled to receive a supplement computed in accordance
24  with subsection (5), upon:
25         (a)  Furnishing to the division department evidence
26  from the Social Security Administration setting forth the
27  retired member's social security benefit or certifying the
28  noninsured status of the retired member under the Social
29  Security Act, and
30         (b)  Filing written application with the division
31  department for such supplement.
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  1         (6)  PAYMENT OF SUPPLEMENT.--Any supplement due and
  2  payable under this section shall be paid by the division
  3  department or under the direction and control of the division
  4  department, based on information furnished by the retired
  5  member, or a joint annuitant, and the administrator of the
  6  system under which retirement benefits are being paid,
  7  beginning on the first day of the month coincident with or
  8  next following the later of:
  9         (a)  July 1, 1969, or
10         (b)  The date of approval of the application for
11  supplement by the division department,
12
13  and payable thereafter on the first day of each month in the
14  normal or optional form in which retirement benefits under the
15  applicable system are being paid. However, no retroactive
16  monthly supplements shall be paid for any period prior to the
17  date specified in this paragraph.
18         (8)  ADMINISTRATION OF SYSTEM.--The division department
19  shall make such rules as are necessary for the effective and
20  efficient administration of this section, and the cost to pay
21  the expenses of such administration is hereby appropriated out
22  of the appropriate fund pursuant to subsection (7).
23         Section 12.  Paragraphs (a) and (b) of subsection (4)
24  of section 112.362, Florida Statutes, are amended to read:
25         112.362  Recomputation of retirement benefits.--
26         (4)(a)  Effective July 1, 1980, any person who retired
27  prior to July 1, 1987, under a state-supported retirement
28  system with not less than 10 years of creditable service and
29  who is not receiving or entitled to receive federal social
30  security benefits shall, upon reaching 65 years of age and
31  upon application to the division Department of Management
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  1  Services, be entitled to receive a minimum monthly benefit
  2  equal to $16.50 multiplied by the member's total number of
  3  years of creditable service and adjusted by the actuarial
  4  factor applied to the original benefit for optional forms of
  5  retirement.  Thereafter, the minimum monthly benefit shall be
  6  recomputed as provided in paragraph (5)(a). Application for
  7  this minimum monthly benefit shall include certification by
  8  the retired member that he or she is not receiving and is not
  9  entitled to receive social security benefits and shall include
10  written authorization for the division Department of
11  Management Services to have access to information from the
12  Federal Social Security Administration concerning the member's
13  entitlement to or eligibility for social security benefits.
14  The minimum benefit provided by this paragraph shall not be
15  paid unless and until the application requirements of this
16  paragraph are satisfied.
17         (b)  Effective July 1, 1978, the surviving spouse or
18  beneficiary who is receiving or entitled to receive a monthly
19  benefit commencing prior to July 1, 1987, from the account of
20  any deceased retired member who had completed at least 10
21  years of creditable service shall, at the time such deceased
22  retiree would have reached age 65, if living, and, upon
23  application to the division Department of Management Services,
24  be entitled to receive the minimum monthly benefit described
25  in paragraph (a), adjusted by the actuarial factor applied to
26  the optional form of benefit payable to said surviving spouse
27  or beneficiary, provided said person is not receiving or
28  entitled to receive federal social security benefits.
29  Application for this minimum monthly benefit shall include
30  certification by the surviving spouse or beneficiary that he
31  or she is not receiving and is not entitled to receive social
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  1  security benefits and shall include written authorization for
  2  the division Department of Management Services to have access
  3  to information from the Federal Social Security Administration
  4  concerning such person's entitlement to or eligibility for
  5  social security benefits.  The minimum benefit provided by
  6  this paragraph shall not be paid unless and until the
  7  application requirements of this paragraph are satisfied.
  8         Section 13.  Subsections (2), (4), (7), and (8) of
  9  section 112.363, Florida Statutes, are amended to read:
10         112.363  Retiree health insurance subsidy.--
11         (2)  ELIGIBILITY FOR RETIREE HEALTH INSURANCE
12  SUBSIDY.--A person who is retired under a state-administered
13  retirement system, or a beneficiary who is a spouse or
14  financial dependent entitled to receive benefits under a
15  state-administered retirement system, is eligible for health
16  insurance subsidy payments provided under this section; except
17  that pension recipients under ss. 121.40, 238.07(16)(a), and
18  250.22, recipients of health insurance coverage under s.
19  110.1232, or any other special pension or relief act shall not
20  be eligible for such payments.  Payment of the retiree health
21  insurance subsidy shall be made only after coverage for health
22  insurance for the retiree or beneficiary has been certified in
23  writing to the division Department of Management Services.
24  Participation in a former employer's group health insurance
25  program is not a requirement for eligibility under this
26  section. However, participants in the Senior Management
27  Service Optional Annuity Program as provided in s. 121.055(6)
28  and the State University System Optional Retirement Program as
29  provided in s. 121.35 shall not receive the retiree health
30  insurance subsidy provided in this section.  The employer of
31  such participant shall pay the contributions required in
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  1  subsection (8) to the annuity program provided in s.
  2  121.055(6)(d) or s. 121.35(4)(a), as applicable.
  3         (4)  PAYMENT OF RETIREE HEALTH INSURANCE
  4  SUBSIDY.--Beginning January 1, 1988, any monthly retiree
  5  health insurance subsidy amount due and payable under this
  6  section shall be paid to retired members by the division
  7  Department of Management Services or under the direction and
  8  control of the division department.
  9         (7)  ADMINISTRATION OF SYSTEM.--The division Department
10  of Management Services may adopt such rules and regulations as
11  are necessary for the effective and efficient administration
12  of this section. The cost of administration shall be
13  appropriated from the trust fund.
14         (8)  CONTRIBUTIONS.--For purposes of funding the
15  insurance subsidy provided by this section:
16         (a)  Beginning October 1, 1987, the employer of each
17  member of a state-administered retirement plan shall
18  contribute 0.24 percent of gross compensation each pay period.
19         (b)  Beginning January 1, 1989, the employer of each
20  member of a state-administered retirement plan shall
21  contribute 0.48 percent of gross compensation each pay period.
22         (c)  Beginning January 1, 1994, the employer of each
23  member of a state-administered retirement plan shall
24  contribute 0.56 percent of gross compensation each pay period.
25         (d)  Beginning January 1, 1995, the employer of each
26  member of a state-administered retirement plan shall
27  contribute 0.66 percent of gross compensation each pay period.
28         (e)  Beginning July 1, 1998, the employer of each
29  member of a state-administered retirement plan shall
30  contribute 0.94 percent of gross compensation each pay period.
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  1  Such contributions shall be submitted to the division
  2  Department of Management Services and deposited in the Retiree
  3  Health Insurance Subsidy Trust Fund.
  4         Section 14.  Subsection (9) is added to section
  5  112.625, Florida Statutes, to read:
  6         112.625  Definitions.--As used in this act:
  7         (9)  "Division" means the Division of Retirement of the
  8  State Board of Administration.
  9         Section 15.  Subsections (2) and (4) of section 112.63,
10  Florida Statutes, are amended to read:
11         112.63  Actuarial reports and statements of actuarial
12  impact; review.--
13         (2)  The frequency of actuarial reports must be at
14  least every 3 years commencing from the last actuarial report
15  of the plan or system or October 1, 1980, if no actuarial
16  report has been issued within the 3-year period prior to
17  October 1, 1979. The results of each actuarial report shall be
18  filed with the plan administrator within 60 days of
19  certification. Thereafter, the results of each actuarial
20  report shall be made available for inspection upon request.
21  Additionally, each retirement system or plan covered by this
22  act which is not administered directly by the division
23  Department of Management Services shall furnish a copy of each
24  actuarial report to the division Department of Management
25  Services within 60 days after receipt from the actuary. The
26  requirements of this section are supplemental to actuarial
27  valuations necessary to comply with the requirements of ss.
28  11.45 and 218.32.
29         (4)  Upon receipt, pursuant to subsection (2), of an
30  actuarial report, or upon receipt, pursuant to subsection (3),
31  of a statement of actuarial impact, the division Department of
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  1  Management Services shall acknowledge such receipt, but shall
  2  only review and comment on each retirement system's or plan's
  3  actuarial valuations at least on a triennial basis.  If the
  4  division department finds that the actuarial valuation is not
  5  complete, accurate, or based on reasonable assumptions, or if
  6  the division department does not receive the actuarial report
  7  or statement of actuarial impact, the division department
  8  shall notify the local government and request appropriate
  9  adjustment. If, after a reasonable period of time, a
10  satisfactory adjustment is not made, the affected local
11  government or the division department may petition for a
12  hearing under the provisions of ss. 120.569 and 120.57. If the
13  administrative law judge recommends in favor of the division
14  department, the division department shall perform an actuarial
15  review or prepare the statement of actuarial impact. The cost
16  to the division department of performing such actuarial review
17  or preparing such statement shall be charged to the
18  governmental entity of which the employees are covered by the
19  retirement system or plan.  If payment of such costs is not
20  received by the division department within 60 days after
21  receipt by the governmental entity of the request for payment,
22  the division department shall certify to the Comptroller the
23  amount due, and the Comptroller shall pay such amount to the
24  division department from any funds payable to the governmental
25  entity of which the employees are covered by the retirement
26  system or plan.  If the administrative law judge recommends in
27  favor of the local retirement system and the division
28  department performs an actuarial review, the cost to the
29  division department of performing the actuarial review shall
30  be paid by the division department.
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  1         Section 16.  Subsection (1) of section 112.64, Florida
  2  Statutes, is amended to read:
  3         112.64  Administration of funds; amortization of
  4  unfunded liability.--
  5         (1)  Employee contributions shall be deposited in the
  6  retirement system or plan at least monthly. Employer
  7  contributions shall be deposited at least quarterly; however,
  8  any revenues received from any source by an employer which are
  9  specifically collected for the purpose of allocation for
10  deposit into a retirement system or plan shall be so deposited
11  within 30 days of receipt by the employer.  All employers and
12  employees participating in the Florida Retirement System and
13  other existing retirement systems which are administered by
14  the division Department of Management Services shall continue
15  to make contributions at least monthly.
16         Section 17.  Subsections (1) and (3) of section
17  112.658, Florida Statutes, are amended to read:
18         112.658  Office of Program Policy Analysis and
19  Government Accountability to determine compliance of the
20  Florida Retirement System.--
21         (1)  The Office of Program Policy Analysis and
22  Government Accountability shall determine, through the
23  examination of actuarial reviews, financial statements, and
24  the practices and procedures of the Division of Retirement
25  Department of Management Services, the compliance of the
26  Florida Retirement System with the provisions of this act.
27         (3)  The Office of Program Policy Analysis and
28  Government Accountability shall employ the same actuarial
29  standards to monitor the division Department of Management
30  Services as the division Department of Management Services
31  uses to monitor local governments.
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  1         Section 18.  Section 112.665, Florida Statutes, is
  2  amended to read:
  3         112.665  Duties of Division of Retirement Department of
  4  Management Services.--
  5         (1)  The Division of Retirement Department of
  6  Management Services shall:
  7         (a)  Gather, catalog, and maintain complete,
  8  computerized data information on all public employee
  9  retirement systems or plans in the state, based upon a review
10  of audits, reports, and other data pertaining to the systems
11  or plans;
12         (b)  Receive and comment upon all actuarial reviews of
13  retirement systems or plans maintained by units of local
14  government;
15         (c)  Cooperate with local retirement systems or plans
16  on matters of mutual concern and provide technical assistance
17  to units of local government in the assessment and revision of
18  retirement systems or plans;
19         (d)  Issue, by January 1 annually, a report to the
20  President of the Senate and the Speaker of the House of
21  Representatives, which report details division activities,
22  findings, and recommendations concerning all governmental
23  retirement systems. The report may include legislation
24  proposed to carry out such recommendations;
25         (e)  Issue, by January 1 annually, a report to the
26  Special District Information Program of the Department of
27  Community Affairs that includes the participation in and
28  compliance of special districts with the local government
29  retirement system provisions in s. 112.63 and the
30  state-administered retirement system provisions as specified
31  in chapter 121; and
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  1         (f)  Adopt reasonable rules to administer the
  2  provisions of this part.
  3         (2)  The division department may subpoena actuarial
  4  witnesses, review books and records, hold hearings, and take
  5  testimony.  A witness shall have the right to be accompanied
  6  by counsel.
  7         Section 19.  Subsections (4), (5), and (32) of section
  8  121.021, Florida Statutes, are amended to read:
  9         121.021  Definitions.--The following words and phrases
10  as used in this chapter have the respective meanings set forth
11  unless a different meaning is plainly required by the context:
12         (4)  "Division" "Department" means the Division of
13  Retirement of the State Board of Administration Department of
14  Management Services.
15         (5)  "Administrator" means the director secretary of
16  the Division of Retirement Department of Management Services.
17         (32)  "State agency" means the Division of Retirement
18  Department of Management Services within the provisions and
19  contemplation of chapter 650.
20         Section 20.  Section 121.025, Florida Statutes, is
21  amended to read:
22         121.025  Administrator; powers and duties.--The
23  director secretary of the Division of Retirement Department of
24  Management Services shall be the administrator of the
25  retirement and pension systems assigned or transferred to the
26  division Department of Management Services by law and shall
27  have the authority to sign the contracts necessary to carry
28  out the duties and responsibilities assigned by law to the
29  division Department of Management Services.
30         Section 21.  Subsections (1), (2), and (5) of section
31  121.031, Florida Statutes, are amended to read:
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  1         121.031  Administration of system; appropriation;
  2  oaths; actuarial studies; public records.--
  3         (1)  The division Department of Management Services has
  4  the authority to adopt rules pursuant to ss. 120.536(1) and
  5  120.54 to implement the provisions of law conferring duties
  6  upon the division and to adopt rules as are necessary for the
  7  effective and efficient administration of this system. The
  8  funds to pay the expenses for administration of the system are
  9  hereby appropriated from the interest earned on investments
10  made for the retirement and social security trust funds and
11  the assessments allowed under chapter 650.
12         (2)  The division Department of Management Services is
13  authorized to require oaths, by affidavit or otherwise, and
14  acknowledgments from persons in connection with the
15  administration of its duties and responsibilities under this
16  chapter.
17         (5)  The names and addresses of retirees are
18  confidential and exempt from the provisions of s. 119.07(1) to
19  the extent that no state or local governmental agency may
20  provide the names or addresses of such persons in aggregate,
21  compiled, or list form to any person except to a public agency
22  engaged in official business.  However, a state or local
23  government agency may provide the names and addresses of
24  retirees from that agency to a bargaining agent as defined in
25  s. 447.203(12) or to a retiree organization for official
26  business use.  Lists of names or addresses of retirees may be
27  exchanged by public agencies, but such lists shall not be
28  provided to, or open for inspection by, the public.  Any
29  person may view or copy any individual's retirement records at
30  the division Department of Management Services, one record at
31  a time, or may obtain information by a separate written
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  1  request for a named individual for which information is
  2  desired.
  3         Section 22.  Paragraph (c) of subsection (1) and
  4  paragraphs (b) and (f) of subsection (2) of section 121.051,
  5  Florida Statutes, are amended to read:
  6         121.051  Participation in the system.--
  7         (1)  COMPULSORY PARTICIPATION.--
  8         (c)1.  After June 30, 1983, a member of an existing
  9  system who is reemployed after terminating employment shall
10  have at the time of reemployment the option of selecting to
11  remain in the existing retirement system or to transfer to the
12  Florida Retirement System.  Failure to submit such selection
13  in writing to the division Department of Management Services
14  within 6 months of reemployment shall result in compulsory
15  membership in the Florida Retirement System.
16         2.  After June 30, 1988, the provisions of subparagraph
17  1. shall not apply to a member of an existing system who is
18  reemployed within 12 months after terminating employment. Such
19  member shall continue to have membership in the existing
20  system upon reemployment and shall not be permitted to become
21  a member of the Florida Retirement System, except by
22  transferring to that system as provided in ss. 121.052 and
23  121.055.
24         (2)  OPTIONAL PARTICIPATION.--
25         (b)1.  The governing body of any municipality or
26  special district in the state may elect to participate in the
27  system upon proper application to the administrator and may
28  cover all or any of its units as approved by the Secretary of
29  Health and Human Services and the administrator. Prior to
30  being approved for participation in the Florida Retirement
31  System, the governing body of any such municipality or special
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  1  district that has a local retirement system shall submit to
  2  the administrator a certified financial statement showing the
  3  condition of the local retirement system as of a date within 3
  4  months prior to the proposed effective date of membership in
  5  the Florida Retirement System. The statement must be certified
  6  by a recognized accounting firm that is independent of the
  7  local retirement system. All required documents necessary for
  8  extending Florida Retirement System coverage must be received
  9  by the division department for consideration at least 15 days
10  prior to the proposed effective date of coverage. If the
11  municipality or special district does not comply with this
12  requirement, the division department may require that the
13  effective date of coverage be changed.
14         2.  Any city or special district that has an existing
15  retirement system covering the employees in the units that are
16  to be brought under the Florida Retirement System may
17  participate only after holding a referendum in which all
18  employees in the affected units have the right to participate.
19  Only those employees electing coverage under the Florida
20  Retirement System by affirmative vote in said referendum shall
21  be eligible for coverage under this chapter, and those not
22  participating or electing not to be covered by the Florida
23  Retirement System shall remain in their present systems and
24  shall not be eligible for coverage under this chapter. After
25  the referendum is held, all future employees shall be
26  compulsory members of the Florida Retirement System.
27         3.  The governing body of any city or special district
28  complying with subparagraph 1. may elect to provide, or not
29  provide, benefits based on past service of officers and
30  employees as described in s. 121.081(1). However, if such
31  employer elects to provide past service benefits, such
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  1  benefits must be provided for all officers and employees of
  2  its covered group.
  3         4.  Once this election is made and approved it may not
  4  be revoked, except pursuant to subparagraphs 5. and 6., and
  5  all present officers and employees electing coverage under
  6  this chapter and all future officers and employees shall be
  7  compulsory members of the Florida Retirement System.
  8         5.  Subject to the conditions set forth in subparagraph
  9  6., the governing body of any hospital licensed under chapter
10  395 which is governed by the board of a special district as
11  defined in s. 189.403(1) or by the board of trustees of a
12  public health trust created under s. 154.07, hereinafter
13  referred to as "hospital district," and which participates in
14  the system, may elect to cease participation in the system
15  with regard to future employees in accordance with the
16  following procedure:
17         a.  No more than 30 days and at least 7 days before
18  adopting a resolution to partially withdraw from the Florida
19  Retirement System and establish an alternative retirement plan
20  for future employees, a public hearing must be held on the
21  proposed withdrawal and proposed alternative plan.
22         b.  From 7 to 15 days before such hearing, notice of
23  intent to withdraw, specifying the time and place of the
24  hearing, must be provided in writing to employees of the
25  hospital district proposing partial withdrawal and must be
26  published in a newspaper of general circulation in the area
27  affected, as provided by ss. 50.011-50.031.  Proof of
28  publication of such notice shall be submitted to the division
29  Department of Management Services.
30         c.  The governing body of any hospital district seeking
31  to partially withdraw from the system must, before such
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  1  hearing, have an actuarial report prepared and certified by an
  2  enrolled actuary, as defined in s. 112.625(3), illustrating
  3  the cost to the hospital district of providing, through the
  4  retirement plan that the hospital district is to adopt,
  5  benefits for new employees comparable to those provided under
  6  the Florida Retirement System.
  7         d.  Upon meeting all applicable requirements of this
  8  subparagraph, and subject to the conditions set forth in
  9  subparagraph 6., partial withdrawal from the system and
10  adoption of the alternative retirement plan may be
11  accomplished by resolution duly adopted by the hospital
12  district board.  The hospital district board must provide
13  written notice of such withdrawal to the division by mailing a
14  copy of the resolution to the division, postmarked no later
15  than December 15, 1995.  The withdrawal shall take effect
16  January 1, 1996.
17         6.  Following the adoption of a resolution under
18  sub-subparagraph 5.d., all employees of the withdrawing
19  hospital district who were participants in the Florida
20  Retirement System prior to January 1, 1996, shall remain as
21  participants in the system for as long as they are employees
22  of the hospital district, and all rights, duties, and
23  obligations between the hospital district, the system, and the
24  employees shall remain in full force and effect. Any employee
25  who is hired or appointed on or after January 1, 1996, may not
26  participate in the Florida Retirement System, and the
27  withdrawing hospital district shall have no obligation to the
28  system with respect to such employees.
29         (f)  Whenever an employer that participates in the
30  Florida Retirement System undertakes the transfer, merger, or
31  consolidation of governmental services or functions, the
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  1  employer must notify the division department at least 60 days
  2  prior to such action and shall provide documentation as
  3  required by the division department.
  4         Section 23.  Subsection (2) of section 1121.0511,
  5  Florida Statutes, is amended to read:
  6         121.0511  Revocation of election and alternative
  7  plan.--The governing body of any municipality or independent
  8  special district that has elected to participate in the
  9  Florida Retirement System may revoke its election in
10  accordance with the following procedure:
11         (2)  At least 7 days, but not more than 15 days, before
12  the hearing, notice of intent to revoke, specifying the time
13  and place of the hearing, must be published in a newspaper of
14  general circulation in the area affected, as provided by ss.
15  50.011-50.031. Proof of publication of the notice must be
16  submitted to the division Department of Management Services.
17         Section 24.  Subsections (3) and (4) and paragraph (c)
18  of subsection (7) of section 121.0515, Florida Statutes, are
19  amended to read:
20         121.0515  Special risk membership; criteria;
21  designation and removal of classification; credits for past
22  service and prior service; retention of special risk normal
23  retirement date.--
24         (3)  PROCEDURE FOR DESIGNATING.--
25         (a)  Any member of the Florida Retirement System
26  employed by a county, city, or special district who feels that
27  he or she meets the criteria set forth in this section for
28  membership in the Special Risk Class may request that his or
29  her employer submit an application to the division department
30  requesting that the division department designate him or her
31  as a special risk member.  If the employer agrees that the
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  1  member meets the requirements for special risk membership, the
  2  employer shall submit an application to the division
  3  department in behalf of the employee containing a
  4  certification that the member meets the criteria for special
  5  risk membership set forth in this section and such other
  6  supporting documentation as may be required by administrative
  7  rule.  The division department shall, within 90 days, either
  8  designate or refuse to designate the member as a special risk
  9  member.  If the employer declines to submit the member's
10  application to the division department or if the division
11  department does not designate the member as a special risk
12  member, the member or the employer may appeal to the State
13  Retirement Commission, as provided in s. 121.23, for
14  designation as a special risk member. A member who receives a
15  final affirmative ruling pursuant to such appeal for special
16  risk membership shall have special risk membership retroactive
17  to the date such member would have had special risk membership
18  had such membership been approved by the employer and the
19  division department, as determined by the division department,
20  and the employer contributions shall be paid in full within 1
21  year after such final ruling.
22         (b)1.  Applying the criteria set forth in this section,
23  the division Department of Management Services shall specify
24  which current and newly created classes of positions under the
25  uniform classification plan established pursuant to chapter
26  110 entitle the incumbents of positions in those classes to
27  membership in the Special Risk Class.  Only employees employed
28  in the classes so specified shall be special risk members.
29         2.  When a class is not specified by the division
30  department as provided in subparagraph 1., the employing
31
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  1  agency may petition the State Retirement Commission for
  2  approval in accordance with s. 121.23.
  3         (4)  REMOVAL OF SPECIAL RISK MEMBERSHIP.--Any member
  4  who is a special risk member on October 1, 1978, and who fails
  5  to meet the criteria for special risk membership established
  6  by this section shall have his or her special risk designation
  7  removed and thereafter shall be a regular member and shall
  8  earn only regular membership credit.  The division department
  9  shall have the authority to review the special risk
10  designation of members to determine whether or not those
11  members continue to meet the criteria for special risk
12  membership.
13         (7)  RETENTION OF SPECIAL RISK NORMAL RETIREMENT
14  DATE.--
15         (c)  The division department shall adopt such rules as
16  are required to administer this subsection.
17         Section 25.  Paragraph (e) of subsection (3) of section
18  121.052, Florida Statutes, is amended to read:
19         121.052  Membership class of elected officers.--
20         (3)  PARTICIPATION AND WITHDRAWAL,
21  GENERALLY.--Effective July 1, 1990, participation in the
22  Elected Officers' Class shall be compulsory for elected
23  officers listed in paragraphs (2)(a)-(d) and (f) assuming
24  office on or after said date, unless the elected officer
25  elects membership in another class or withdraws from the
26  Florida Retirement System as provided in paragraphs
27  (3)(a)-(d):
28         (e)  Effective July 1, 1997, the governing body of a
29  municipality or special district may, by majority vote, elect
30  to designate all its elected positions for inclusion in the
31  Elected Officers' Class. Such election shall be made between
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  1  July 1, 1997, and December 31, 1997, and shall be irrevocable.
  2  The designation of such positions shall be effective the first
  3  day of the month following receipt by the division department
  4  of the ordinance or resolution passed by the governing body.
  5         Section 26.  Paragraphs (b) and (h) of subsection (1)
  6  and paragraphs (a), (c), (d), and (f) of subsection (6) of
  7  section 121.055, Florida Statutes, are amended to read:
  8         121.055  Senior Management Service Class.--There is
  9  hereby established a separate class of membership within the
10  Florida Retirement System to be known as the "Senior
11  Management Service Class," which shall become effective
12  February 1, 1987.
13         (1)
14         (b)1.  Except as provided in subparagraph 2., effective
15  January 1, 1990, participation in the Senior Management
16  Service Class shall be compulsory for the president of each
17  community college, the manager of each participating city or
18  county, and all appointed district school superintendents.
19  Effective January 1, 1994, additional positions may be
20  designated for inclusion in the Senior Management Service
21  Class of the Florida Retirement System, provided that:
22         a.  Positions to be included in the class shall be
23  designated by the local agency employer.  Notice of intent to
24  designate positions for inclusion in the class shall be
25  published once a week for 2 consecutive weeks in a newspaper
26  of general circulation published in the county or counties
27  affected, as provided in chapter 50.
28         b.  One nonelective full-time position may be
29  designated for each local agency employer reporting to the
30  division Department of Management Services; for local agencies
31  with 100 or more regularly established positions, additional
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  1  nonelective full-time positions may be designated, not to
  2  exceed 1 percent of the regularly established positions within
  3  the agency.
  4         c.  Each position added to the class must be a
  5  managerial or policymaking position filled by an employee who
  6  is not subject to continuing contract and serves at the
  7  pleasure of the local agency employer without civil service
  8  protection, and who:
  9         (I)  Heads an organizational unit; or
10         (II)  Has responsibility to effect or recommend
11  personnel, budget, expenditure, or policy decisions in his or
12  her areas of responsibility.
13         2.  In lieu of participation in the Senior Management
14  Service Class, members of the Senior Management Service Class
15  pursuant to the provisions of subparagraph 1. may withdraw
16  from the Florida Retirement System altogether. The decision to
17  withdraw from the Florida Retirement System shall be
18  irrevocable for as long as the employee holds such a position.
19  Any service creditable under the Senior Management Service
20  Class shall be retained after the member withdraws from the
21  Florida Retirement System; however, additional service credit
22  in the Senior Management Service Class shall not be earned
23  after such withdrawal.  Such members shall not be eligible to
24  participate in the Senior Management Service Optional Annuity
25  Program.
26         (h)1.  Except as provided in subparagraph 3., effective
27  January 1, 1994, participation in the Senior Management
28  Service Class shall be compulsory for the State Courts
29  Administrator and the Deputy State Courts Administrators, the
30  Clerk of the Supreme Court, the Marshal of the Supreme Court,
31  the Executive Director of the Justice Administrative
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  1  Commission, the Capital Collateral Representative, the clerks
  2  of the district courts of appeals, the marshals of the
  3  district courts of appeals, and the trial court administrator
  4  in each judicial circuit. Effective January 1, 1994,
  5  additional positions in the offices of the state attorney and
  6  public defender in each judicial circuit may be designated for
  7  inclusion in the Senior Management Service Class of the
  8  Florida Retirement System, provided that:
  9         a.  Positions to be included in the class shall be
10  designated by the state attorney or public defender, as
11  appropriate.  Notice of intent to designate positions for
12  inclusion in the class shall be published once a week for 2
13  consecutive weeks in a newspaper of general circulation
14  published in the county or counties affected, as provided in
15  chapter 50.
16         b.  One nonelective full-time position may be
17  designated for each state attorney and public defender
18  reporting to the division Department of Management Services;
19  for agencies with 200 or more regularly established positions
20  under the state attorney or public defender, additional
21  nonelective full-time positions may be designated, not to
22  exceed 0.5 percent of the regularly established positions
23  within the agency.
24         c.  Each position added to the class must be a
25  managerial or policymaking position filled by an employee who
26  serves at the pleasure of the state attorney or public
27  defender without civil service protection, and who:
28         (I)  Heads an organizational unit; or
29         (II)  Has responsibility to effect or recommend
30  personnel, budget, expenditure, or policy decisions in his or
31  her areas of responsibility.
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  1         2.  Participation in this class shall be compulsory,
  2  except as provided in subparagraph 3., for any judicial
  3  employee who holds a position designated for coverage in the
  4  Senior Management Service Class, and such participation shall
  5  continue until the employee terminates employment in a covered
  6  position.
  7         3.  In lieu of participation in the Senior Management
  8  Service Class, such members may participate in the Senior
  9  Management Service Optional Annuity Program as established in
10  subsection (6).
11         (6)(a)  Senior Management Service Optional Annuity
12  Program.--The Division of Retirement Department of Management
13  Services shall establish a Senior Management Service Optional
14  Annuity Program under which contracts providing retirement,
15  death, and disability benefits may be purchased for those
16  employees who elect to participate in the optional annuity
17  program.  The benefits to be provided for or on behalf of
18  participants in such optional annuity program shall be
19  provided through individual contracts or individual
20  certificates issued for group annuity contracts, which may be
21  fixed, variable, or a combination thereof, in accordance with
22  s. 401(a) of the Internal Revenue Code.  Any such individual
23  contract or certificate shall state the annuity plan on its
24  face page, and shall include, but not be limited to, a
25  statement of ownership, the contract benefits, annuity income
26  options, limitations, expense charges, and surrender charges,
27  if any.  The employing agency shall contribute, as provided in
28  this section, toward the purchase of such optional benefits
29  which shall be fully and immediately vested in the
30  participants.
31         (c)  Participation.--
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  1         1.  Any eligible employee who is employed on or before
  2  February 1, 1987, may elect to participate in the optional
  3  annuity program in lieu of participation in the Senior
  4  Management Service Class.  Such election shall be made in
  5  writing and filed with the division department and the
  6  personnel officer of the employer on or before May 1, 1987.
  7  Any eligible employee who is employed on or before February 1,
  8  1987, and who fails to make an election to participate in the
  9  optional annuity program by May 1, 1987, shall be deemed to
10  have elected membership in the Senior Management Service
11  Class.
12         2.  Any employee who becomes eligible to participate in
13  the optional annuity program by reason of initial employment
14  commencing after February 1, 1987, may, within 90 days after
15  the date of commencement of employment, elect to participate
16  in the optional annuity program.  Such election shall be made
17  in writing and filed with the personnel officer of the
18  employer.  Any eligible employee who does not within 90 days
19  after commencement of such employment elect to participate in
20  the optional annuity program shall be deemed to have elected
21  membership in the Senior Management Service Class.
22         3.  A person who is appointed to a position in the
23  Senior Management Service Class and who is a member of an
24  existing retirement system or the Special Risk or Special Risk
25  Administrative Support Classes of the Florida Retirement
26  System may elect to remain in such system or class in lieu of
27  participation in the Senior Management Service Class or
28  optional annuity program. Such election shall be made in
29  writing and filed with the division department and the
30  personnel officer of the employer within 90 days of such
31  appointment. Any eligible employee who fails to make an
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  1  election to participate in the existing system, the Special
  2  Risk Class of the Florida Retirement System, the Special Risk
  3  Administrative Support Class of the Florida Retirement System,
  4  or the optional annuity program shall be deemed to have
  5  elected membership in the Senior Management Service Class.
  6         4.  An employee's election to participate in the
  7  optional annuity program is irrevocable as long as such
  8  employee continues to be employed in an eligible position and
  9  continues to meet the eligibility requirements set forth in
10  this paragraph.
11         (d)  Contributions.--
12         1.  Each employer shall contribute on behalf of each
13  participant in the Senior Management Service Optional Annuity
14  Program an amount equal to the normal cost portion of the
15  employer retirement contribution which would be required if
16  the participant were a Senior Management Service Class member
17  of the Florida Retirement System, plus the portion of the
18  contribution rate required in s. 112.363(8) that would
19  otherwise be assigned to the Retiree Health Insurance Subsidy
20  Trust Fund, less an amount approved by the Legislature which
21  shall be deducted by the division department to provide for
22  the administration of this program. The payment of the
23  contributions to the optional program which is required by
24  this subparagraph for each participant shall be made by the
25  employer to the division department, which shall forward the
26  contributions to the designated company or companies
27  contracting for payment of benefits for the participant under
28  the program.
29         2.  Each employer shall contribute on behalf of each
30  participant in the Senior Management Service Optional Annuity
31  Program an amount equal to the unfunded actuarial accrued
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  1  liability portion of the employer contribution which would be
  2  required for members of the Senior Management Service Class in
  3  the Florida Retirement System.  This contribution shall be
  4  paid to the division department for transfer to the Florida
  5  Retirement System Trust Fund.
  6         3.  An Optional Annuity Program Trust Fund shall be
  7  established in the State Treasury and administered by the
  8  division department to make payments to provider companies on
  9  behalf of the optional annuity program participants, and to
10  transfer the unfunded liability portion of the state optional
11  annuity program contributions to the Florida Retirement System
12  Trust Fund.
13         4.  Contributions required for social security by each
14  employer and each participant, in the amount required for
15  social security coverage as now or hereafter may be provided
16  by the federal Social Security Act shall be maintained for
17  each participant in the Senior Management Service retirement
18  program and shall be in addition to the retirement
19  contributions specified in this paragraph.
20         5.  Each participant in the Senior Management Service
21  Optional Annuity Program may contribute by way of salary
22  reduction or deduction a percentage amount of the
23  participant's gross compensation not to exceed the percentage
24  amount contributed by the employer to the optional annuity
25  program. Payment of the participant's contributions shall be
26  made by the employer to the division department, which shall
27  forward the contributions to the designated company or
28  companies contracting for payment of benefits for the
29  participant under the program.
30         (f)  Administration.--
31
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  1         1.  The Senior Management Service Optional Annuity
  2  Program authorized by this section shall be administered by
  3  the division department.  The division department shall
  4  designate one or more provider companies from which annuity
  5  contracts may be purchased under the program and shall approve
  6  the form and content of the contracts. The division department
  7  shall sign a contract with each of the provider companies and
  8  shall evaluate the performance of the provider companies on a
  9  continuing basis. The division department may terminate the
10  services of a provider company for reasons stated in the
11  contract. The division department shall adopt rules
12  establishing its responsibilities and the responsibilities of
13  employers in administering the optional annuity program.
14         2.  Effective July 1, 1997, the State Board of
15  Administration shall review and make recommendations to the
16  division department on the acceptability of all investment
17  products proposed by provider companies of the optional
18  annuity program before such products are offered through
19  annuity contracts to the participants and may advise the
20  division department of any changes deemed necessary to ensure
21  that the optional annuity program offers an acceptable mix of
22  investment products. The division department shall make the
23  final determination as to whether an investment product will
24  be approved for the program.
25         3.  The provisions of each contract applicable to a
26  participant in the Senior Management Service Optional Annuity
27  Program shall be contained in a written program description
28  which shall include a report of pertinent financial and
29  actuarial information on the solvency and actuarial soundness
30  of the program and the benefits applicable to the participant.
31  Such description shall be furnished by the company or
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  1  companies to each participant in the program and to the
  2  division department upon commencement of participation in the
  3  program and annually thereafter.
  4         4.  The division department shall ensure that each
  5  participant in the Senior Management Service Optional Annuity
  6  Program is provided an accounting of the total contribution
  7  and the annual contribution made by and on behalf of such
  8  participants.
  9         Section 27.  Subsection (5) of section 121.071, Florida
10  Statutes, is amended to read:
11         121.071  Contributions.--Contributions to the system
12  shall be made as follows:
13         (5)  Contributions made in accordance with subsections
14  (1), (2), (3), and (4) shall be paid by the employer into the
15  system trust funds in accordance with rules adopted by the
16  administrator pursuant to chapter 120. Such contributions are
17  due and payable no later than the 25th day of the month
18  immediately following the month during which the payroll
19  period ended. The division department may, by rule, establish
20  a different due date, which shall supersede the date specified
21  herein; however, such due date may not be established earlier
22  than the 20th day of the month immediately following the month
23  during which the payroll period ended. Effective January 1,
24  1984, contributions made in accordance with subsection (3)
25  shall be paid by the employer into the system trust fund in
26  accordance with rules adopted by the administrator pursuant to
27  chapter 120.  For any payroll period ending any day of the
28  month before the 16th day of the month, such contributions are
29  due and payable no later than the 20th day of the month; and,
30  for any payroll periods ending any day of the month after the
31  15th day of the month, such contributions are due and payable
                                  32
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  1  no later than the 5th day of the next month. Contributions
  2  received in the offices of the division department after the
  3  prescribed date shall be considered delinquent unless, in the
  4  opinion of the division department, exceptional circumstances
  5  beyond an employer's control prevented remittance by the
  6  prescribed due date notwithstanding such employer's good faith
  7  efforts to effect delivery; and, with respect to retirement
  8  contributions due under subsections (1) and (4), each employer
  9  shall be assessed a delinquent fee of 1 percent of the
10  contributions due for each calendar month or part thereof that
11  the contributions are delinquent. Such a waiver of the
12  delinquency fee by the division department may be granted an
13  employer only one time each fiscal year. Delinquent social
14  security contributions shall be assessed a delinquent fee as
15  authorized by s. 650.05(4).  The delinquent fee assessable for
16  an employer's first delinquency after July 1, 1984, shall be
17  as specified in s. 650.05(4), and, beginning with the second
18  delinquency in any fiscal year by the employer subsequent to
19  July 1, 1984, all subsequent delinquency fees shall be
20  assessed against the employer at twice the applicable
21  percentage rate specified in s. 650.05(4).
22         Section 28.  Paragraph (h) of subsection (1) and
23  paragraph (e) of subsection (2) of section 121.081, Florida
24  Statutes, are amended to read:
25         121.081  Past service; prior service;
26  contributions.--Conditions under which past service or prior
27  service may be claimed and credited are:
28         (1)
29         (h)  The following provisions apply to the purchase of
30  past service:
31
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  1         1.  Notwithstanding any of the provisions of this
  2  subsection, past-service credit may not be purchased under
  3  this chapter for any service that is used to obtain a benefit
  4  from any local retirement system.
  5         2.  A member may not receive past service credit under
  6  paragraphs (a), (b), (e), or (f) for any leaves of absence
  7  without pay, except that credit for active military service
  8  leaves of absence may be claimed under paragraphs (a), (b),
  9  and (f), in accordance with s. 121.111(1).
10         3.  If a member does not desire to receive credit for
11  all of his or her past service, the period the member claims
12  must be the most recent past service prior to his or her
13  participation in the Florida Retirement System.
14         4.  The cost of past service purchased by an employing
15  agency for its employees may be amortized over such period of
16  time as is provided in the agreement, but not to exceed 15
17  years, calculated in accordance with rule 60S-1.007(5)(f),
18  Florida Administrative Code.
19         5.  The retirement account of each member for whom past
20  service is being provided by his or her employer shall be
21  credited with all past service the employer agrees to purchase
22  as soon as the agreement between the employer and the division
23  department is executed. Pursuant thereto:
24         a.  Each such member's account shall also be posted
25  with the total contribution his or her employer agrees to make
26  in the member's behalf for past service earned prior to
27  October 1, 1975, excluding those contributions representing
28  the employer's matching share and the compound interest
29  calculation on the total contribution. However, a portion of
30  any contributions paid by an employer for past service credit
31
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  1  earned on and after October 1, 1975, may not be posted to a
  2  member's account.
  3         b.  A refund of contributions payable after an employer
  4  has made a written agreement to purchase past service for
  5  employees of the covered group shall include contributions for
  6  past service which are posted to a member's account. However,
  7  contributions for past service earned on and after October 1,
  8  1975, are not refundable.
  9         (2)  Prior service, as defined in s. 121.021(19), may
10  be claimed as creditable service under the Florida Retirement
11  System after a member has been reemployed for 1 complete year
12  of creditable service within a period of 12 consecutive
13  months, except as provided in paragraph (c). Service performed
14  as a participant of the optional retirement program for the
15  State University System under s. 121.35 or the Senior
16  Management Service Optional Annuity Program under s. 121.055
17  may be used to satisfy the reemployment requirement of 1
18  complete year of creditable service.  The member shall not be
19  permitted to make any contributions for prior service until
20  after completion of the 1 year of creditable service. The
21  required contributions for claiming the various types of prior
22  service are:
23         (e)  For service performed under the Florida Retirement
24  System after December 1, 1970, that was never reported to the
25  division or the department due to error, retirement credit may
26  be claimed by a member of the Florida Retirement System. The
27  division department shall adopt rules establishing criteria
28  for claiming such credit and detailing the documentation
29  required to substantiate the error.
30         Section 29.  Section 121.091, Florida Statutes, is
31  amended to read:
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  1         121.091  Benefits payable under the system.--Benefits
  2  may not be paid under this section unless the member has
  3  terminated employment as provided in s. 121.021(39)(a) or
  4  begun participation in the Deferred Retirement Option Program
  5  as provided in subsection (13), and a proper application has
  6  been filed in the manner prescribed by the division
  7  department. The division department may cancel an application
  8  for retirement benefits when the member or beneficiary fails
  9  to timely provide the information and documents required by
10  this chapter and the division's department's rules. The
11  division department shall adopt rules establishing procedures
12  for application for retirement benefits and for the
13  cancellation of such application when the required information
14  or documents are not received.
15         (1)  NORMAL RETIREMENT BENEFIT.--Upon attaining his or
16  her normal retirement date, the member, upon application to
17  the administrator, shall receive a monthly benefit which shall
18  begin to accrue on the first day of the month of retirement
19  and be payable on the last day of that month and each month
20  thereafter during his or her lifetime. The normal retirement
21  benefit, including any past or additional retirement credit,
22  may not exceed 100 percent of the average final compensation.
23  The amount of monthly benefit shall be calculated as the
24  product of A and B, subject to the adjustment of C, if
25  applicable, as set forth below:
26         (a)1.  For creditable years of Regular Class service, A
27  is 1.60 percent of the member's average final compensation, up
28  to the member's normal retirement date. Upon completion of the
29  first year after the normal retirement date, A is 1.63 percent
30  of the member's average final compensation.  Following the
31  second year after the normal retirement date, A is 1.65
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  1  percent of the member's average final compensation. Following
  2  the third year after the normal retirement date, and for
  3  subsequent years, A is 1.68 percent of the member's average
  4  final compensation.
  5         2.  For creditable years of special risk service, A is:
  6         a.  Two percent of the member's average final
  7  compensation for all creditable years prior to October 1,
  8  1974;
  9         b.  Three percent of the member's average final
10  compensation for all creditable years after September 30,
11  1974, and before October 1, 1978;
12         c.  Two percent of the member's average final
13  compensation for all creditable years after September 30,
14  1978, and before January 1, 1989;
15         d.  Two and two-tenths percent of the member's final
16  monthly compensation for all creditable years after December
17  31, 1988, and before January 1, 1990;
18         e.  Two and four-tenths percent of the member's average
19  final compensation for all creditable years after December 31,
20  1989, and before January 1, 1991;
21         f.  Two and six-tenths percent of the member's average
22  final compensation for all creditable years after December 31,
23  1990, and before January 1, 1992;
24         g.  Two and eight-tenths percent of the member's
25  average final compensation for all creditable years after
26  December 31, 1991, and before January 1, 1993; and
27         h.  Three percent of the member's average final
28  compensation for all creditable years after December 31, 1992;
29         3.  For creditable years of Senior Management Service
30  Class service after January 31, 1987, A is 2 percent;
31
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  1         4.  For creditable years of Elected Officers' Class
  2  service as a Supreme Court Justice, district court of appeal
  3  judge, circuit judge, or county court judge, A is 3 1/3
  4  percent of the member's average final compensation, and for
  5  all other creditable service in such class, A is 3 percent of
  6  average final compensation;
  7         (b)  B is the number of the member's years and any
  8  fractional part of a year of creditable service earned
  9  subsequent to November 30, 1970; and
10         (c)  C is the normal retirement benefit credit brought
11  forward as of November 30, 1970, by a former member of an
12  existing system.  Such normal retirement benefit credit shall
13  be determined as the product of X and Y when X is the
14  percentage of average final compensation which the member
15  would have been eligible to receive if the member had attained
16  his or her normal retirement date as of November 30, 1970, all
17  in accordance with the existing system under which the member
18  is covered on November 30, 1970, and Y is average final
19  compensation as defined in s. 121.021(25).  However, any
20  member of an existing retirement system who is eligible to
21  retire and who does retire, become disabled, or die prior to
22  April 15, 1971, may have his or her retirement benefits
23  calculated on the basis of the best 5 of the last 10 years of
24  service.
25         (d)  A member's average final compensation shall be
26  determined by formula to obtain the coverage for the 5 highest
27  fiscal years' salaries, calculated as provided by rule.
28         (2)  BENEFITS PAYABLE FOR DUAL NORMAL RETIREMENT
29  AGES.--If a member accumulates retirement benefits to commence
30  at different normal retirement ages by virtue of having
31  performed duties for an employer which would entitle him or
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  1  her to benefits as both a member of the Special Risk Class and
  2  a member of either the Regular Class, Senior Management
  3  Service Class, or Elected Officers' Class, the amount of
  4  benefits payable shall be computed separately with respect to
  5  each such age and the sum of such computed amounts shall be
  6  paid as provided in this section.
  7         (3)  EARLY RETIREMENT BENEFIT.--Upon retirement on his
  8  or her early retirement date, the member shall receive an
  9  immediate monthly benefit that shall begin to accrue on the
10  first day of the month of the retirement date and be payable
11  on the last day of that month and each month thereafter during
12  his or her lifetime.  Such benefit shall be calculated as
13  follows:
14         (a)  The amount of each monthly payment shall be
15  computed in the same manner as for a normal retirement
16  benefit, in accordance with subsection (1), but shall be based
17  on the member's average monthly compensation and creditable
18  service as of the member's early retirement date.  The benefit
19  so computed shall be reduced by five-twelfths of 1 percent for
20  each complete month by which the early retirement date
21  precedes the normal retirement date of age 62 for a member of
22  the Regular Class, Senior Management Service Class, or the
23  Elected Officers' Class, and age 55 for a member of the
24  Special Risk Class, or age 52 if a Special Risk member has
25  completed 25 years of creditable service in accordance with s.
26  121.021(29)(b)3.
27         (b)  If the employment of a member is terminated by
28  reason of death subsequent to the completion of 20 years of
29  creditable service, the monthly benefit payable to the
30  member's beneficiary shall be calculated in accordance with
31  subsection (1), but shall be based on average monthly
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  1  compensation and creditable service as of the date of death.
  2  The benefit so computed shall be reduced by five-twelfths of 1
  3  percent for each complete month by which death precedes the
  4  normal retirement date specified above or the date on which
  5  the member would have attained 30 years of creditable service
  6  had he or she survived and continued his or her employment,
  7  whichever provides a higher benefit.
  8         (4)  DISABILITY RETIREMENT BENEFIT.--
  9         (a)  Disability retirement; entitlement and effective
10  date.--
11         1.  A member who becomes totally and permanently
12  disabled, as defined in paragraph (b), after completing 5
13  years of creditable service, or a member who becomes totally
14  and permanently disabled in the line of duty regardless of
15  service, shall be entitled to a monthly disability benefit;
16  except that any member with less than 5 years of creditable
17  service on July 1, 1980, or any person who becomes a member of
18  the Florida Retirement System on or after such date must have
19  completed 10 years of creditable service prior to becoming
20  totally and permanently disabled in order to receive
21  disability retirement benefits for any disability which occurs
22  other than in the line of duty. However, if a member employed
23  on July 1, 1980, with less than 5 years of creditable service
24  as of that date, becomes totally and permanently disabled
25  after completing 5 years of creditable service and is found
26  not to have attained fully insured status for benefits under
27  the federal Social Security Act, such member shall be entitled
28  to a monthly disability benefit.
29         2.  If the division has received from the employer the
30  required documentation of the member's termination of
31  employment, the effective retirement date for a member who
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  1  applies and is approved for disability retirement shall be
  2  established by rule of the division.
  3         3.  For a member who is receiving Workers' Compensation
  4  payments, the effective disability retirement date may not
  5  precede the date the member reaches Maximum Medical
  6  Improvement (MMI), unless the member terminates employment
  7  prior to reaching MMI.
  8         (b)  Total and permanent disability.--A member shall be
  9  considered totally and permanently disabled if, in the opinion
10  of the administrator, he or she is prevented, by reason of a
11  medically determinable physical or mental impairment, from
12  rendering useful and efficient service as an officer or
13  employee.
14         (c)  Proof of disability.--The administrator, before
15  approving payment of any disability retirement benefit, shall
16  require proof that the member is totally and permanently
17  disabled as provided herein:
18         1.  Such proof shall include the certification of the
19  member's total and permanent disability by two licensed
20  physicians of the state and such other evidence of disability
21  as the administrator may require, including reports from
22  vocational rehabilitation, evaluation, or testing specialists
23  who have evaluated the applicant for employment.
24         2.  It must be documented that:
25         a.  The member's medical condition occurred or became
26  symptomatic during the time the member was employed in an
27  employee/employer relationship with his or her employer;
28         b.  The member was totally and permanently disabled at
29  the time he or she terminated covered employment; and
30         c.  The member has not been employed with any other
31  employer after such termination.
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  1         3.  If the application is for in-line-of-duty
  2  disability, in addition to the requirements of subparagraph
  3  2., it must be documented by competent medical evidence that
  4  the disability was caused by a job-related illness or accident
  5  which occurred while the member was in an employee/employer
  6  relationship with his or her employer.
  7         4.  The unavailability of an employment position that
  8  the member is physically and mentally capable of performing
  9  will not be considered as proof of total and permanent
10  disability.
11         (d)  Election on appeal.--A member whose application
12  for regular disability retirement has been denied and who has
13  filed an appeal to the State Retirement Commission may, if
14  eligible, elect to receive normal or early service retirement
15  benefits while he or she is awaiting the decision on the
16  appeal. However:
17         1.  If the member elects to receive service retirement
18  benefits and disability benefits are later approved as a
19  result of the appeal, the payment option chosen by the member
20  may not be changed.
21         2.  If the member elects to receive early service
22  retirement and the appeal is later denied, the member may not
23  change his or her election of early retirement.
24
25  Before such regular or early retirement benefits may be paid
26  by the division, the member must provide to the division a
27  written statement indicating that the member understands that
28  such changes are not permitted after he or she begins
29  receiving the benefits.
30         (e)  Disability retirement benefit.--Upon the
31  retirement of a member on his or her disability retirement
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  1  date, the member shall receive a monthly benefit that shall
  2  begin to accrue on the first day of the month of disability
  3  retirement and shall be payable on the last day of that month
  4  and each month thereafter during his or her lifetime and
  5  continued disability.
  6         (f)  Computation of disability retirement benefit.--The
  7  amount of each monthly payment shall be computed in the same
  8  manner as for a normal retirement benefit, in accordance with
  9  subsection (1), but shall be based on disability option
10  actuarial equivalency tables and the average monthly
11  compensation and creditable service of the member as of the
12  disability retirement date, subject to the following
13  conditions:
14         1.  If the member's disability occurred in the line of
15  duty, the monthly Option 1 benefit shall not be less than 42
16  percent of average monthly compensation as of the disability
17  retirement date; or
18         2.  If the member's disability occurred other than in
19  the line of duty, the monthly Option 1 benefit shall not be
20  less than 25 percent of average monthly compensation as of the
21  disability retirement date.
22         (g)  Reapplication.--A member, whose initial
23  application for disability retirement has been denied, may
24  reapply for disability benefits. However, such member's
25  reapplication will be considered only if the member presents
26  new medical evidence of a medical condition that existed prior
27  to the member's termination of employment. The division may
28  prescribe by rule procedures for reapplication and for review
29  and approval or disapproval of reapplication.
30         (h)  Recovery from disability.--The administrator may
31  require periodic reexaminations at the expense of the
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  1  retirement fund. The division may adopt rules establishing
  2  procedures for conducting and review of such reexaminations.
  3         1.  If the administrator finds that a member who is
  4  receiving disability benefits is, at any time prior to his or
  5  her normal retirement date, no longer disabled, the
  6  administrator shall direct that the benefits be discontinued.
  7  The decision of the administrator on this question shall be
  8  final and binding. If such member:
  9         a.  Does not reenter the employ of an employer and was
10  not vested as of the disability retirement date, he or she
11  shall be entitled to the excess, if any, of his or her
12  accumulated contributions over the total disability benefits
13  received up to the date of recovery.
14         b.  Does not reenter the employ of an employer, but was
15  vested as of the disability retirement date, he or she may
16  elect to receive:
17         (I)  The excess, if any, of his or her accumulated
18  contributions over the total disability benefits received up
19  to the date of recovery; or
20         (II)  A deferred benefit commencing on the last day of
21  the month of the normal retirement date which shall be payable
22  on the last day of the month thereafter during his or her
23  lifetime.  The amount of such monthly benefit shall be
24  computed in the same manner as for a normal retirement
25  benefit, in accordance with subsection (1), but shall be based
26  on average monthly compensation and creditable service as of
27  the member's disability retirement date.
28         c.  Reenters employment of an employer within 6 months
29  after recovery, the member's service will be deemed to have
30  been continuous, but the period beginning with the first month
31  for which he or she received a disability benefit payment and
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  1  ending with the date he or she reentered employment will not
  2  be considered as creditable service for the purpose of
  3  computing benefits except as provided in sub-subparagraph d.
  4  As used in this section, the term "accumulated contributions"
  5  for such member means the excess of the member's accumulated
  6  contributions as of the disability retirement date over the
  7  total disability benefits received under paragraph (e).
  8         d.  Terminates his or her disability benefit, reenters
  9  covered employment, and is continuously employed for a minimum
10  of 1 year of creditable service, he or she may claim as
11  creditable service the months during which he or she was
12  receiving a disability benefit, upon payment of the required
13  contributions.  Contributions shall equal the total required
14  employee and employer contribution rate applicable during the
15  period the retiree received retirement benefits, multiplied
16  times his or her rate of monthly compensation prior to the
17  commencement of disability retirement for each month of the
18  period claimed, plus 4 percent interest until July 1, 1975,
19  and 6.5 percent interest thereafter, compounded annually each
20  June 30 to the date of payment. If the member does not claim
21  credit for all of the months he or she received disability
22  benefits, the months claimed must be the most recent months of
23  retirement. Such credit for periods of disability, when
24  purchased under the Florida Retirement System, shall apply
25  toward vesting requirements for eligibility to purchase
26  additional credit for other service.
27         2.  Both the member receiving disability benefits who
28  reenters employment and the employer employing such disability
29  retiree shall notify the division immediately upon
30  reemployment, and the division shall terminate such member's
31  disability benefits, effective the first day of the month
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  1  following the month in which notification of recovery is
  2  received. If the member is reemployed with a Florida
  3  Retirement System employer at the time of benefit termination,
  4  and he or she has received disability retirement benefit and
  5  salary payments concurrently prior to notifying the division,
  6  he or she may elect within 30 days to:
  7         a.  Retain the retirement benefits received prior to
  8  termination of disability benefits and begin receiving
  9  retirement service credit effective upon the date of
10  termination of benefits; or
11         b.  Repay, within 12 months after his or her decision
12  to receive service credit, the retirement benefits received
13  for each month of reemployment prior to termination of
14  disability benefits and begin receiving retirement service
15  credit effective upon the date of reemployment. Any such
16  unpaid benefits shall have compound interest of 6.5 percent
17  added June 30.
18
19  A member may not receive both retirement service credit for
20  employment and retirement benefits for the same month.
21         3.  If, after recovery of disability and reentry into
22  covered employment, the member again becomes disabled and is
23  again approved for disability retirement, the Option 1 monthly
24  retirement benefit shall not be less than the Option 1 monthly
25  benefit calculated at the time of the previous disability,
26  plus any cost of living increases up to the time the
27  disability benefit was terminated upon his or her reentry into
28  covered employment.
29         (i)  Nonadmissible causes of disability.--A member
30  shall not be entitled to receive any disability retirement
31  benefit if the disability is a result of any of the following:
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  1         1.  Injury or disease sustained by the member while
  2  willfully participating in a riot, civil insurrection, or
  3  other act of violence or while committing a felony;
  4         2.  Injury or disease sustained by the member after his
  5  or her employment has terminated; or
  6         3.  Intentional, self-inflicted injury.
  7         (j)  Disability retirement of justice or judge by order
  8  of Supreme Court.--
  9         1.  If a member is a justice of the Supreme Court,
10  judge of a district court of appeal, circuit judge, or judge
11  of a county court who has served for 10 years or more as an
12  elected constitutional judicial officer, including service as
13  a judicial officer in any court abolished pursuant to Art. V
14  of the State Constitution, and who is retired for disability
15  by order of the Supreme Court upon recommendation of the
16  Judicial Qualifications Commission pursuant to the provisions
17  of Art. V of the State Constitution, the member's Option 1
18  monthly benefit as provided in subparagraph (6)(a)1. shall not
19  be less than two-thirds of his or her monthly compensation as
20  of the member's disability retirement date.  Such a member may
21  alternatively elect to receive a disability retirement benefit
22  under any other option as provided in paragraph (6)(a).
23         2.  Should any justice or judge who is a member of the
24  Florida Retirement System be retired for disability by order
25  of the Supreme Court upon recommendation of the Judicial
26  Qualifications Commission pursuant to the provisions of Art. V
27  of the State Constitution, then all contributions to his or
28  her account and all contributions made on his or her behalf by
29  the employer shall be transferred to and deposited in the
30  General Revenue Fund of the state, and there is hereby
31  appropriated annually out of the General Revenue Fund, to be
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  1  paid into the Florida Retirement System Fund, an amount
  2  necessary to pay the benefits of all justices and judges
  3  retired from the Florida Retirement System pursuant to Art. V
  4  of the State Constitution.
  5         (5)  TERMINATION BENEFITS.--
  6         (a)  A member whose employment is terminated for any
  7  reason other than death or retirement prior to becoming vested
  8  is entitled to the return of his or her accumulated
  9  contributions as of the date of termination.
10         (b)  A member whose employment is terminated for any
11  reason other than death or retirement after becoming vested
12  may elect to receive a deferred monthly benefit which shall
13  begin to accrue on the first day of the month of normal or
14  early retirement and shall be payable on the last day of that
15  month and each month thereafter during his or her lifetime.
16  The amount of monthly benefit shall be computed in the same
17  manner as for a normal retirement benefit in accordance with
18  subsection (1) or early retirement benefit in accordance with
19  s. 121.021(30), but based on average monthly compensation and
20  creditable service as of the date of termination.
21         (c)  In lieu of the deferred monthly benefit provided
22  in paragraph (b), the terminated member may elect to receive a
23  lump-sum amount equal to his or her accumulated contributions
24  as of the date of termination.
25         (d)  If any retired member dies without having received
26  in benefit payments an amount equal to his or her accumulated
27  contributions, there shall be payable to his or her designated
28  beneficiary an amount equal to the excess, if any, of the
29  member's accumulated contributions over the total monthly
30  payments made to the member prior to the date of death.
31
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  1         (e)  A member shall be deemed a terminated member when
  2  termination of employment has occurred as provided in s.
  3  121.021(39).
  4         (f)  Any member who has been found guilty by a verdict
  5  of a jury, or by the court trying the case without a jury, of
  6  committing, aiding, or abetting any embezzlement or theft from
  7  his or her employer, bribery in connection with the
  8  employment, or other felony specified in chapter 838, except
  9  ss. 838.15 and 838.16, committed prior to retirement, or who
10  has entered a plea of guilty or of nolo contendere to such
11  crime, or any member whose employment is terminated by reason
12  of the member's admitted commitment, aiding, or abetting of an
13  embezzlement or theft from his or her employer, bribery, or
14  other felony specified in chapter 838, except ss. 838.15 and
15  838.16, shall forfeit all rights and benefits under this
16  chapter, except the return of his or her accumulated
17  contributions as of the date of termination.
18         (g)  Any elected official who is convicted by the
19  Senate of an impeachable offense shall forfeit all rights and
20  benefits under this chapter, except the return of his or her
21  accumulated contributions as of the date of the conviction.
22         (h)  Any member who, prior to retirement, is adjudged
23  by a court of competent jurisdiction to have violated any
24  state law against strikes by public employees, or who has been
25  found guilty by such court of violating any state law
26  prohibiting strikes by public employees, shall forfeit all
27  rights and benefits under this chapter, except the return of
28  his or her accumulated contributions as of the date of the
29  conviction.
30         (i)  Any beneficiary who by a verdict of a jury or by
31  the court trying the case without a jury is found guilty, or
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  1  who has entered a plea of guilty or nolo contendere, of
  2  unlawfully and intentionally killing or procuring the death of
  3  the member forfeits all rights to the deceased member's
  4  benefits under this chapter, and the benefits will be paid as
  5  if such beneficiary had predeceased the decedent. Benefits may
  6  not be paid by the division pending final resolution of such
  7  charges against the beneficiary.
  8         (6)  OPTIONAL FORMS OF RETIREMENT BENEFITS AND
  9  DISABILITY RETIREMENT BENEFITS.--
10         (a)  Prior to the receipt of the first monthly
11  retirement payment, a member shall elect to receive the
12  retirement benefits to which he or she is entitled under
13  subsection (1), subsection (2), subsection (3), or subsection
14  (4) in accordance with one of the following options:
15         1.  The maximum retirement benefit payable to the
16  member during his or her lifetime.
17         2.  A decreased retirement benefit payable to the
18  member during his or her lifetime and, in the event of his or
19  her death within a period of 10 years after retirement, the
20  same monthly amount payable for the balance of such 10-year
21  period to his or her beneficiary or, in case the beneficiary
22  is deceased, in accordance with subsection (8) as though no
23  beneficiary had been named.
24         3.  A decreased retirement benefit payable during the
25  joint lifetime of both the member and his or her joint
26  annuitant and which, after the death of either, shall continue
27  during the lifetime of the survivor in the same amount,
28  subject to the provisions of subsection (12).
29         4.  A decreased retirement benefit payable during the
30  joint lifetime of the member and his or her joint annuitant
31  and which, after the death of either, shall continue during
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  1  the lifetime of the survivor in an amount equal to 66 2/3
  2  percent of the amount that was payable during the joint
  3  lifetime of the member and his or her joint annuitant, subject
  4  to the provisions of subsection (12).
  5
  6  The spouse of any member who elects to receive the benefit
  7  provided under subparagraph 1. or subparagraph 2. shall be
  8  notified of and shall acknowledge any such election. The
  9  division shall establish by rule a method for selecting the
10  appropriate actuarial factor for optional forms of benefits
11  selected under subparagraphs 3. and 4., based on the age of
12  the member and the joint annuitant.
13         (b)  The benefit payable under any option stated above
14  shall be the actuarial equivalent, based on tables adopted by
15  the administrator for this purpose, of the amount to which the
16  member was otherwise entitled.
17         (c)  A member who elects the option in subparagraph
18  (a)2. shall, in accordance with subsection (8), designate one
19  or more persons to receive the benefits payable in the event
20  of his or her death. Such persons shall be the beneficiaries
21  of the member.  The member may also designate one or more
22  contingent beneficiaries to receive any benefits remaining
23  upon the death of the primary beneficiary.
24         (d)  A member who elects the option in subparagraph
25  (a)3. or subparagraph (a)4. shall, on a form provided for that
26  purpose, designate a joint annuitant to receive the benefits
27  which continue to be payable upon the death of the member.
28  After benefits have commenced under the option in subparagraph
29  (a)3. or subparagraph (a)4., the following shall apply:
30         1.  A retired member may change his or her designation
31  of a joint annuitant only twice.  If such a retired member
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  1  desires to change his or her designation of a joint annuitant,
  2  he or she shall file with the division a notarized "change of
  3  joint annuitant" form and shall notify the former joint
  4  annuitant in writing of such change. Effective the first day
  5  of the next month following receipt by the division of a
  6  completed change of joint annuitant form, the division shall
  7  adjust the member's monthly benefit by the application of
  8  actuarial tables and calculations developed to ensure that the
  9  benefit paid is the actuarial equivalent of the present value
10  of the member's current benefit.  The consent of a retired
11  member's first designated joint annuitant to any such change
12  shall not be required. However, if either the member or the
13  joint annuitant dies before the effective date of the request
14  for change of joint annuitant, the requested change shall be
15  void, and survivor benefits, if any, shall be paid as if no
16  request had been made.
17         2.  In the event of the dissolution of marriage of a
18  retired member and a joint annuitant, such member may make an
19  election to nullify the joint annuitant designation of the
20  former spouse, unless there is an existing qualified domestic
21  relations order preventing such action.  The member shall file
22  with the division a written, notarized nullification which
23  shall be effective on the first day of the next month
24  following receipt by the division.  Benefits shall be paid as
25  if the former spouse predeceased the member.  A member who
26  makes such an election may not reverse the nullification but
27  may designate a new joint annuitant in accordance with
28  subparagraph 1.
29         (e)  The election of an option shall be null and void
30  if the member dies before the effective date of retirement.
31
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  1         (f)  A member who elects to receive benefits under the
  2  option in subparagraph (a)3. may designate one or more
  3  qualified persons, either a spouse or other dependent, as his
  4  or her joint annuitant to receive the benefits after the
  5  member's death in whatever proportion he or she so assigns to
  6  each person named as joint annuitant. The division shall adopt
  7  appropriate actuarial tables and calculations necessary to
  8  ensure that the benefit paid is the actuarial equivalent of
  9  the benefit to which the member is otherwise entitled under
10  the option in subparagraph (a)1.
11         (g)  Upon the death of a retired member or beneficiary
12  receiving monthly benefits under this chapter, the monthly
13  benefits shall be paid through the last day of the month of
14  death and shall terminate, or be adjusted, if applicable, as
15  of that date in accordance with the optional form of benefit
16  selected at the time of retirement.
17         (h)  The option selected or determined for payment of
18  benefits as provided in this section shall be final and
19  irrevocable at the time a benefit payment is cashed or
20  deposited or credited to the Deferred Retirement Option
21  Program as provided in subsection (13).
22         (7)  DEATH BENEFITS.--
23         (a)  If the employment of a member is terminated by
24  reason of his or her death prior to being vested, except as
25  provided in paragraph (f), there shall be payable to his or
26  her designated beneficiary the member's accumulated
27  contributions.
28         (b)  If the employment of an active member who may or
29  may not have applied for retirement is terminated by reason of
30  his or her death subsequent to becoming vested and prior to
31  his or her effective date of retirement, if established, it
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  1  shall be assumed that the member retired as of the date of
  2  death in accordance with subsection (1) if eligible for normal
  3  retirement benefits, subsection (2) if eligible for benefits
  4  payable for dual normal retirement, or subsection (3) if
  5  eligible for early retirement benefits. Benefits payable to
  6  the designated beneficiary shall be as follows:
  7         1.  For a beneficiary who qualifies as a joint
  8  annuitant, the optional form of payment provided in accordance
  9  with subparagraph (6)(a)3. shall be paid for the joint
10  annuitant's lifetime.
11         2.  For a beneficiary who does not qualify as a joint
12  annuitant, no continuing monthly benefit shall be paid and the
13  beneficiary shall be entitled only to the return of the
14  member's personal contributions. If there is no monetary
15  interest in the member's retirement account for which such
16  beneficiary is eligible, the beneficiary shall be the next
17  named beneficiary or, if no other beneficiary is named, the
18  beneficiary shall be the next eligible beneficiary according
19  to subsection (8).
20         (c)  If a retiring member dies on or after the
21  effective date of retirement, but prior to a benefit payment
22  being cashed or deposited, or credited to the Deferred
23  Retirement Option Program, benefits shall be paid as follows:
24         1.  For a designated beneficiary who qualifies as a
25  joint annuitant, benefits shall be paid in the optional form
26  of payment provided in subparagraph (6)(a)3. for the joint
27  annuitant's lifetime or, if the member chose the optional form
28  of payment provided in subparagraph (6)(a)2., the joint
29  annuitant may select the form provided in either subparagraph
30  (6)(a)2. or subparagraph (6)(a)3.
31
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  1         2.  For a designated beneficiary who does not qualify
  2  as a joint annuitant, any benefits payable shall be paid as
  3  provided in the option selected by the member; or if the
  4  member has not selected an option, benefits shall be paid in
  5  the optional form of payment provided in subparagraph (6)(a)1.
  6         (d)  Notwithstanding any other provision in this
  7  chapter to the contrary, with the exception of the Deferred
  8  Retirement Option Program, as provided in subsection (13):
  9         1.  The surviving spouse of any member killed in the
10  line of duty may receive a monthly pension equal to one-half
11  of the monthly salary being received by the member at the time
12  of death for the rest of the surviving spouse's lifetime or,
13  if the member was vested, such surviving spouse may elect to
14  receive a benefit as provided in paragraph (b). Benefits
15  provided by this paragraph shall supersede any other
16  distribution that may have been provided by the member's
17  designation of beneficiary.
18         2.  If the surviving spouse of a member killed in the
19  line of duty dies, the monthly payments which would have been
20  payable to such surviving spouse had such surviving spouse
21  lived shall be paid for the use and benefit of such member's
22  child or children under 18 years of age and unmarried until
23  the 18th birthday of the member's youngest child.
24         3.  If a member killed in the line of duty leaves no
25  surviving spouse but is survived by a child or children under
26  18 years of age, the benefits provided by subparagraph 1.,
27  normally payable to a surviving spouse, shall be paid for the
28  use and benefit of such member's child or children under 18
29  years of age and unmarried until the 18th birthday of the
30  member's youngest child.
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  1         4.  The surviving spouse of a member whose benefit
  2  terminated because of remarriage shall have the benefit
  3  reinstated beginning July 1, 1993, at an amount that would
  4  have been payable had the benefit not been terminated.
  5         (e)  The surviving spouse or other dependent of any
  6  member, except a member who participated in the Deferred
  7  Retirement Option Program, whose employment is terminated by
  8  death shall, upon application to the administrator, be
  9  permitted to pay the required contributions for any service
10  performed by the member which could have been claimed by the
11  member at the time of his or her death.  Such service shall be
12  added to the creditable service of the member and shall be
13  used in the calculation of any benefits which may be payable
14  to the surviving spouse or other surviving dependent.
15         (f)  Notwithstanding any other provisions in this
16  chapter to the contrary and upon application to the
17  administrator, an eligible joint annuitant, of a member whose
18  employment is terminated by death within 1 year of such member
19  satisfying the service requirements for vesting and retirement
20  eligibility, shall be permitted to purchase only the
21  additional service credit necessary to vest and qualify for
22  retirement benefits, not to exceed a total of 1 year of
23  credit, by one or a combination of the following methods:
24         1.  Such eligible joint annuitant may use the deceased
25  member's accumulated hours of annual, sick, and compensatory
26  leave to purchase additional creditable service, on an hour by
27  hour basis, provided that such deceased member's accumulated
28  leave is sufficient to cover the additional months required.
29  For each month of service credit needed prior to the final
30  month, credit for the total number of work hours in that month
31  must be purchased, using an equal number of the deceased
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  1  member's accumulated leave hours.  Service credit required for
  2  the final month in which the deceased member would have become
  3  vested shall be awarded upon the purchase of 1 hour of credit.
  4  Such eligible joint annuitant shall pay the contribution rate
  5  in effect for the period of time being claimed for the
  6  deceased member's class of membership, multiplied by such
  7  member's monthly salary at the time of death, plus 6.5 percent
  8  interest compounded annually.  The accumulated leave payment
  9  used in the average final compensation shall not include that
10  portion of the payment that represents any leave hours used in
11  the purchase of such creditable service.
12         2.  Such eligible joint annuitant may purchase
13  additional months of creditable service for any periods of
14  out-of-state service as provided in s. 121.1115, and in-state
15  service as provided in s. 121.1122, that the deceased member
16  would have been eligible to purchase prior to his or her
17  death.
18
19  Service purchased under this paragraph shall be added to the
20  creditable service of the member and used to vest for
21  retirement eligibility, and shall be used in the calculation
22  of any benefits which may be payable to the eligible joint
23  annuitant.  Any benefits paid in accordance with this
24  paragraph shall only be made prospectively.
25         (g)  Notwithstanding any other provisions in this
26  chapter to the contrary, if any member who is vested dies and
27  the surviving spouse receives a refund of the accumulated
28  contributions made to the retirement trust fund, such spouse
29  may pay to the Division of Retirement an amount equal to the
30  sum of the amount of the deceased member's accumulated
31  contributions previously refunded plus interest at 4 percent
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  1  compounded annually each June 30 from the date of refund until
  2  July 1, 1975, and 6.5 percent interest compounded annually
  3  thereafter, until full payment is made, and receive the
  4  monthly retirement benefit as provided in paragraph (b).
  5         (h)  The designated beneficiary who is the surviving
  6  spouse or other dependent of a member whose employment is
  7  terminated by death subsequent to becoming vested, but prior
  8  to actual retirement, may elect to receive a deferred monthly
  9  benefit as if the member had lived and had elected a deferred
10  monthly benefit, as provided in paragraph (5)(b), calculated
11  on the basis of the average final compensation and creditable
12  service of the member at his or her death and the age the
13  member would have attained on the commencement date of the
14  deferred benefit elected by the beneficiary, paid in
15  accordance with option 3 of paragraph (6)(a).
16         (8)  DESIGNATION OF BENEFICIARIES.--
17         (a)  Each member may, on a form provided for that
18  purpose, signed and filed with the division, designate a
19  choice of one or more persons, named sequentially or jointly,
20  as his or her beneficiary who shall receive the benefits, if
21  any, which may be payable in the event of the member's death
22  pursuant to the provisions of this chapter. If no beneficiary
23  is named in the manner provided above, or if no beneficiary
24  designated by the member survives the member, the beneficiary
25  shall be the spouse of the deceased, if living. If the
26  member's spouse is not alive at his or her death, the
27  beneficiary shall be the living children of the member.  If no
28  children survive, the beneficiary shall be the member's father
29  or mother, if living; otherwise, the beneficiary shall be the
30  member's estate.  The beneficiary most recently designated by
31  a member on a form or letter filed with the division shall be
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  1  the beneficiary entitled to any benefits payable at the time
  2  of the member's death, except that benefits shall be paid as
  3  provided in paragraph (7)(d) when death occurs in the line of
  4  duty. Notwithstanding any other provisions in this subsection
  5  to the contrary, for a member who dies prior to his or her
  6  effective date of retirement on or after January 1, 1999, the
  7  spouse at the time of death shall be the member's beneficiary
  8  unless such member designates a different beneficiary as
  9  provided herein subsequent to the member's most recent
10  marriage.
11         (b)  A designated beneficiary of a retirement account
12  for whom there is a monetary interest may disclaim his or her
13  monetary interest as provided in s. 689.21, and in accordance
14  with division rules governing such disclaimers. Such
15  disclaimer must be filed within 24 months after the event that
16  created the interest, that is, the death of the member or
17  annuitant.
18         (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
19         (a)  Any person who is retired under this chapter,
20  except under the disability retirement provisions of
21  subsection (4), may be employed by an employer that does not
22  participate in a state-administered retirement system and may
23  receive compensation from that employment without limiting or
24  restricting in any way the retirement benefits payable to that
25  person.
26         (b)1.  Any person who is retired under this chapter,
27  except under the disability retirement provisions of
28  subsection (4), may be reemployed by any private or public
29  employer after retirement and receive retirement benefits and
30  compensation from his or her employer without any limitations,
31  except that a person may not receive both a salary from
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  1  reemployment with any agency participating in the Florida
  2  Retirement System and retirement benefits under this chapter
  3  for a period of 12 months immediately subsequent to the date
  4  of retirement. However, a DROP participant shall continue
  5  employment and receive a salary during the period of
  6  participation in the Deferred Retirement Option Program, as
  7  provided in subsection (13).
  8         2.  Any person to whom the limitation in subparagraph
  9  1. applies who violates such reemployment limitation and who
10  is reemployed with any agency participating in the Florida
11  Retirement System before completion of the 12-month limitation
12  period shall give timely notice of this fact in writing to the
13  employer and to the division and shall have his or her
14  retirement benefits suspended for the balance of the 12-month
15  limitation period.  Any person employed in violation of this
16  paragraph and any employing agency which knowingly employs or
17  appoints such person without notifying the Division of
18  Retirement to suspend retirement benefits shall be jointly and
19  severally liable for reimbursement to the retirement trust
20  fund of any benefits paid during the reemployment limitation
21  period.  To avoid liability, such employing agency shall have
22  a written statement from the retiree that he or she is not
23  retired from a state-administered retirement system.  Any
24  retirement benefits received while reemployed during this
25  reemployment limitation period shall be repaid to the
26  retirement trust fund, and retirement benefits shall remain
27  suspended until such repayment has been made.  Benefits
28  suspended beyond the reemployment limitation shall apply
29  toward repayment of benefits received in violation of the
30  reemployment limitation.
31
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  1         3.  A district school board may reemploy a retired
  2  member as a substitute or hourly teacher, education
  3  paraprofessional, transportation assistant, bus driver, or
  4  food service worker on a noncontractual basis after he or she
  5  has been retired for 1 calendar month, in accordance with s.
  6  121.021(39).  Any retired member who is reemployed within 1
  7  calendar month after retirement shall void his or her
  8  application for retirement benefits. District school boards
  9  reemploying such teachers, education paraprofessionals,
10  transportation assistants, bus drivers, or food service
11  workers are subject to the retirement contribution required by
12  subparagraph 7.  Reemployment of a retired member as a
13  substitute or hourly teacher, education paraprofessional,
14  transportation assistant, bus driver, or food service worker
15  is limited to 780 hours during the first 12 months of his or
16  her retirement.  Any retired member reemployed for more than
17  780 hours during his or her first 12 months of retirement
18  shall give timely notice in writing to the employer and to the
19  division of the date he or she will exceed the limitation.
20  The division shall suspend his or her retirement benefits for
21  the remainder of the first 12 months of retirement.  Any
22  person employed in violation of this subparagraph and any
23  employing agency which knowingly employs or appoints such
24  person without notifying the Division of Retirement to suspend
25  retirement benefits shall be jointly and severally liable for
26  reimbursement to the retirement trust fund of any benefits
27  paid during the reemployment limitation period.  To avoid
28  liability, such employing agency shall have a written
29  statement from the retiree that he or she is not retired from
30  a state-administered retirement system.  Any retirement
31  benefits received by a retired member while reemployed in
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  1  excess of 780 hours during the first 12 months of retirement
  2  shall be repaid to the Retirement System Trust Fund, and his
  3  or her retirement benefits shall remain suspended until
  4  repayment is made.  Benefits suspended beyond the end of the
  5  retired member's first 12 months of retirement shall apply
  6  toward repayment of benefits received in violation of the
  7  780-hour reemployment limitation.
  8         4.  A community college board of trustees may reemploy
  9  a retired member as an adjunct instructor, that is, an
10  instructor who is noncontractual and part-time, or as a
11  participant in a phased retirement program within the Florida
12  Community College System, after he or she has been retired for
13  1 calendar month, in accordance with s. 121.021(39).  Any
14  retired member who is reemployed within 1 calendar month after
15  retirement shall void his or her application for retirement
16  benefits.  Boards of trustees reemploying such instructors are
17  subject to the retirement contribution required in
18  subparagraph 7.  A retired member may be reemployed as an
19  adjunct instructor for no more than 780 hours during the first
20  12 months of retirement.  Any retired member reemployed for
21  more than 780 hours during the first 12 months of retirement
22  shall give timely notice in writing to the employer and to the
23  division of the date he or she will exceed the limitation.
24  The division shall suspend his or her retirement benefits for
25  the remainder of the first 12 months of retirement.  Any
26  person employed in violation of this subparagraph and any
27  employing agency which knowingly employs or appoints such
28  person without notifying the Division of Retirement to suspend
29  retirement benefits shall be jointly and severally liable for
30  reimbursement to the retirement trust fund of any benefits
31  paid during the reemployment limitation period.  To avoid
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  1  liability, such employing agency shall have a written
  2  statement from the retiree that he or she is not retired from
  3  a state-administered retirement system.  Any retirement
  4  benefits received by a retired member while reemployed in
  5  excess of 780 hours during the first 12 months of retirement
  6  shall be repaid to the Retirement System Trust Fund, and
  7  retirement benefits shall remain suspended until repayment is
  8  made.  Benefits suspended beyond the end of the retired
  9  member's first 12 months of retirement shall apply toward
10  repayment of benefits received in violation of the 780-hour
11  reemployment limitation.
12         5.  The State University System may reemploy a retired
13  member as an adjunct faculty member or as a participant in a
14  phased retirement program within the State University System
15  after the retired member has been retired for 1 calendar
16  month, in accordance with s. 121.021(39).  Any retired member
17  who is reemployed within 1 calendar month after retirement
18  shall void his or her application for retirement benefits.
19  The State University System is subject to the retired
20  contribution required in subparagraph 7., as appropriate. A
21  retired member may be reemployed as an adjunct faculty member
22  or a participant in a phased retirement program for no more
23  than 780 hours during the first 12 months of his or her
24  retirement.  Any retired member reemployed for more than 780
25  hours during the first 12 months of retirement shall give
26  timely notice in writing to the employer and to the division
27  of the date he or she will exceed the limitation.  The
28  division shall suspend his or her retirement benefits for the
29  remainder of the first 12 months of retirement.  Any person
30  employed in violation of this subparagraph and any employing
31  agency which knowingly employs or appoints such person without
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  1  notifying the Division of Retirement to suspend retirement
  2  benefits shall be jointly and severally liable for
  3  reimbursement to the retirement trust fund of any benefits
  4  paid during the reemployment limitation period.  To avoid
  5  liability, such employing agency shall have a written
  6  statement from the retiree that he or she is not retired from
  7  a state-administered retirement system.  Any retirement
  8  benefits received by a retired member while reemployed in
  9  excess of 780 hours during the first 12 months of retirement
10  shall be repaid to the Retirement System Trust Fund, and
11  retirement benefits shall remain suspended until repayment is
12  made.  Benefits suspended beyond the end of the retired
13  member's first 12 months of retirement shall apply toward
14  repayment of benefits received in violation of the 780-hour
15  reemployment limitation.
16         6.  The Board of Trustees of the Florida School for the
17  Deaf and the Blind may reemploy a retired member as a
18  substitute teacher, substitute residential instructor, or
19  substitute nurse on a noncontractual basis after he or she has
20  been retired for 1 calendar month, in accordance with s.
21  121.021(39).  Any retired member who is reemployed within 1
22  calendar month after retirement shall void his or her
23  application for retirement benefits. The Board of Trustees of
24  the Florida School for the Deaf and the Blind reemploying such
25  teachers, residential instructors, or nurses is subject to the
26  retirement contribution required by subparagraph 7.
27  Reemployment of a retired member as a substitute teacher,
28  substitute residential instructor, or substitute nurse is
29  limited to 780 hours during the first 12 months of his or her
30  retirement.  Any retired member reemployed for more than 780
31  hours during the first 12 months of retirement shall give
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  1  timely notice in writing to the employer and to the division
  2  of the date he or she will exceed the limitation. The division
  3  shall suspend his or her retirement benefits for the remainder
  4  of the first 12 months of retirement.  Any person employed in
  5  violation of this subparagraph and any employing agency which
  6  knowingly employs or appoints such person without notifying
  7  the Division of Retirement to suspend retirement benefits
  8  shall be jointly and severally liable for reimbursement to the
  9  retirement trust fund of any benefits paid during the
10  reemployment limitation period.  To avoid liability, such
11  employing agency shall have a written statement from the
12  retiree that he or she is not retired from a
13  state-administered retirement system.  Any retirement benefits
14  received by a retired member while reemployed in excess of 780
15  hours during the first 12 months of retirement shall be repaid
16  to the Retirement System Trust Fund, and his or her retirement
17  benefits shall remain suspended until payment is made.
18  Benefits suspended beyond the end of the retired member's
19  first 12 months of retirement shall apply toward repayment of
20  benefits received in violation of the 780-hour reemployment
21  limitation.
22         7.  The employment by an employer of any retiree or
23  DROP participant of any state-administered retirement system
24  shall have no effect on the average final compensation or
25  years of creditable service of the retiree or DROP
26  participant.  Prior to July 1, 1991, upon employment of any
27  person, other than an elected officer as provided in s.
28  121.053, who has been retired under any state-administered
29  retirement program, the employer shall pay retirement
30  contributions in an amount equal to the unfunded actuarial
31  liability portion of the employer contribution which would be
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  1  required for regular members of the Florida Retirement System.
  2  Effective July 1, 1991, contributions shall be made as
  3  provided in s. 121.122 for retirees with renewed membership or
  4  subsection (13) with respect to DROP participants.
  5         8.  Any person who has previously retired and who is
  6  holding an elective public office or an appointment to an
  7  elective public office eligible for the Elected Officers'
  8  Class on or after July 1, 1990, shall be enrolled in the
  9  Florida Retirement System as provided in s. 121.053(1)(b) or,
10  if holding an elective public office that does not qualify for
11  the Elected Officers' Class on or after July 1, 1991, shall be
12  enrolled in the Florida Retirement System as provided in s.
13  121.122, and shall continue to receive retirement benefits as
14  well as compensation for the elected officer's service for as
15  long as he or she remains in elective office. However, any
16  retired member who served in an elective office prior to July
17  1, 1990, suspended his or her retirement benefit, and had his
18  or her Florida Retirement System membership reinstated shall,
19  upon retirement from such office, have his or her retirement
20  benefit recalculated to include the additional service and
21  compensation earned.
22         9.  Any person who is holding an elective public office
23  which is covered by the Florida Retirement System and who is
24  concurrently employed in nonelected covered employment may
25  elect to retire while continuing employment in the elective
26  public office, provided that he or she shall be required to
27  terminate his or her nonelected covered employment.  Any
28  person who exercises this election shall receive his or her
29  retirement benefits in addition to the compensation of the
30  elective office without regard to the time limitations
31  otherwise provided in this subsection.  No person who seeks to
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  1  exercise the provisions of this subparagraph, as the same
  2  existed prior to May 3, 1984, shall be deemed to be retired
  3  under those provisions, unless such person is eligible to
  4  retire under the provisions of this subparagraph, as amended
  5  by chapter 84-11, Laws of Florida.
  6         10.  The limitations of this paragraph apply to
  7  reemployment in any capacity with an "employer" as defined in
  8  s. 121.021(10), irrespective of the category of funds from
  9  which the person is compensated.
10         11.  From July 1, 1997, through December 31, 1998,
11  notwithstanding the limitations of this subsection, except
12  that any retiree who is reemployed within 1 calendar month
13  after retirement shall void his or her application for
14  retirement benefits, any retiree of the Florida Retirement
15  System may be reemployed by a covered employer during the 2nd
16  through 12th months of the reemployment limitation period
17  without suspending his or her retirement benefits, provided
18  that the reemployment is for the sole purpose of working on
19  the technical aspects of correcting or replacing the computer
20  systems and programs necessary to resolve the year 2000 date
21  problem for computing which confronts all public employers
22  covered by the Florida Retirement System.
23         (10)  FUTURE BENEFITS BASED ON ACTUARIAL DATA.--It is
24  the intent of the Legislature that future benefit increases
25  enacted into law in this chapter shall be financed
26  concurrently by increased contributions or other adequate
27  funding, and such funding shall be based on sound actuarial
28  data as developed by the actuary or state retirement actuary,
29  as provided in ss. 121.021(6) and 121.192.
30         (11)  A member who becomes eligible to retire and has
31  accumulated the maximum benefit of 100 percent of average
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  1  final compensation may continue in active service, and, if
  2  upon the member's retirement the member elects to receive a
  3  retirement compensation pursuant to subsection (2), subsection
  4  (6), or subsection (7), the actuarial equivalent percentage
  5  factor applicable to the age of such member at the time the
  6  member reached the maximum benefit and to the age, at that
  7  time, of the member's spouse shall determine the amount of
  8  benefits to be paid.
  9         (12)  SPECIAL PROVISIONS FOR PAYMENT OF CERTAIN
10  SURVIVOR BENEFITS.--Notwithstanding any provision of this
11  chapter to the contrary, for members with an effective date of
12  retirement, or date of death if prior to retirement, on or
13  after January 1, 1996, the named joint annuitant, as defined
14  in s. 121.021(28)(b), who is eligible to receive benefits
15  under subparagraph (6)(a)3. or subparagraph (6)(a)4., shall
16  receive the maximum monthly retirement benefit that would have
17  been payable to the member under subparagraph (6)(a)1.;
18  however, payment of such benefit shall cease the month the
19  joint annuitant attains age 25 unless such joint annuitant is
20  disabled and incapable of self-support, in which case,
21  benefits shall cease when the joint annuitant is no longer
22  disabled.  The administrator may require proof of disability
23  or continued disability in the same manner as is provided for
24  a member seeking or receiving a disability retirement benefit
25  under subsection (4).
26         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,
27  and subject to the provisions of this section, the Deferred
28  Retirement Option Program, hereinafter referred to as the
29  DROP, is a program under which an eligible member of the
30  Florida  Retirement System may elect to participate, deferring
31  receipt of retirement benefits while continuing employment
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  1  with his or her Florida Retirement System employer.  The
  2  deferred monthly benefits shall accrue in the System Trust
  3  Fund on behalf of the participant, plus interest compounded
  4  monthly, for the specified period of the DROP participation,
  5  as provided in paragraph (c).  Upon termination of employment,
  6  the participant shall receive the total DROP benefits and
  7  begin to receive the previously determined normal retirement
  8  benefits. Participation in the DROP does not guarantee
  9  employment for the specified period of DROP.
10         (a)  Eligibility of member to participate in the
11  DROP.--All active Florida Retirement System members in a
12  regularly established position, and all active members of
13  either the Teachers' Retirement System established in chapter
14  238 or the State and County Officers' and Employees'
15  Retirement System established in chapter 122 which systems are
16  consolidated within the Florida Retirement System under s.
17  121.011, are eligible to elect participation in the DROP
18  provided that:
19         1.  The member is not a renewed member of the Florida
20  Retirement System under s. 121.122, or a member of the State
21  Community College System Optional Retirement Program under s.
22  121.051, the Senior Management Service Optional Annuity
23  Program under s. 121.055, or the optional retirement program
24  for the State University System under s. 121.35.
25         2.  Election to participate is made within 12 months
26  immediately following the date on which the member first
27  reaches normal retirement date, or, for a member who reaches
28  normal retirement date based on service before he or she
29  reaches age 62, or age 55 for Special Risk Class members,
30  election to participate may be deferred to the 12 months
31  immediately following the date the member attains 57, or age
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  1  52 for Special Risk Class members. For a member who first
  2  reached normal retirement date or the deferred eligibility
  3  date described above prior to the effective date of this
  4  section, election to participate shall be made within 12
  5  months after the effective date of this section.  A member who
  6  fails to make an election within such 12-month limitation
  7  period shall forfeit all rights to participate in the DROP.
  8  The member shall advise his or her employer and the division
  9  in writing of the date on which the DROP shall begin. Such
10  beginning date may be subsequent to the 12-month election
11  period, but must be within the 60-month limitation period as
12  provided in subparagraph (b)1. When establishing eligibility
13  of the member to participate in the DROP or the 60-month
14  maximum participation period, the member may elect to include
15  or exclude any optional service credit purchased by the member
16  from the total service used to establish the normal retirement
17  date. A member with dual normal retirement dates shall be
18  eligible to elect to participate in DROP within 12 months
19  after attaining normal retirement date in either class.
20         3.  The employer of a member electing to participate in
21  the DROP, or employers if dually employed, shall acknowledge
22  in writing to the division the date the member's participation
23  in the DROP begins and the date the member's employment and
24  DROP participation will terminate.
25         4.  Simultaneous employment of a participant by
26  additional Florida Retirement System employers subsequent to
27  the commencement of participation in the DROP shall be
28  permissible provided such employers acknowledge in writing a
29  DROP termination date no later than the participant's existing
30  termination date or the 60-month limitation period as provided
31  in subparagraph (b)1.
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  1         5.  A DROP participant may change employers while
  2  participating in the DROP, subject to the following:
  3         a.  A change of employment must take place without a
  4  break in service so that the member receives salary for each
  5  month of continuous DROP participation.  If a member receives
  6  no salary during a month, DROP participation shall cease
  7  unless the employer verifies a continuation of the employment
  8  relationship for such participant pursuant to s.
  9  121.021(39)(b).
10         b.  Such participant and new employer shall notify the
11  division on forms required by the division as to the identity
12  of the new employer.
13         c.  The new employer shall acknowledge, in writing, the
14  participant's DROP termination date, which may be extended but
15  not beyond the original 60-month period provided in
16  subparagraph (b)1., shall acknowledge liability for any
17  additional retirement contributions and interest required if
18  the participant fails to timely terminate employment, and
19  shall be subject to the adjustment required in
20  sub-subparagraph (c)5.d.
21         (b)  Participation in the DROP.--
22         1.  An eligible member may elect to participate in the
23  DROP for a period not to exceed a maximum of 60 calendar
24  months immediately following the date on which the member
25  first reaches his or her normal retirement date or the date to
26  which he or she is eligible to defer his or her election to
27  participate as provided in subparagraph (a)2. However, a
28  member who has reached normal retirement date prior to the
29  effective date of the DROP shall be eligible to participate in
30  the DROP for a period of time not to exceed 60 calendar months
31  immediately following the effective date of the DROP, except a
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  1  member of the Special Risk Class who has reached normal
  2  retirement date prior to the effective date of the DROP and
  3  whose total accrued value exceeds 75 percent of average final
  4  compensation as of his or her effective date of retirement
  5  shall be eligible to participate in the DROP for no more than
  6  36 calendar months immediately following the effective date of
  7  the DROP.
  8         2.  Upon deciding to participate in the DROP, the
  9  member shall submit, on forms required by the division:
10         a.  A written election to participate in the DROP;
11         b.  Selection of the DROP participation and termination
12  dates, which satisfy the limitations stated in paragraph (a)
13  and subparagraph 1. Such termination date shall be in a
14  binding letter of resignation with the employer, establishing
15  a deferred termination date. The member may change the
16  termination date within the limitations of subparagraph 1.,
17  but only with the written approval of his or her employer;
18         c.  A properly completed DROP application for service
19  retirement as provided in this section; and
20         d.  Any other information required by the division.
21         3.  The DROP participant shall be a retiree under the
22  Florida Retirement System for all purposes, except for
23  paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363,
24  121.053, and 121.122. However, participation in the DROP does
25  not alter the participant's employment status and such
26  employee shall not be deemed retired from employment until his
27  or her deferred resignation is effective and termination
28  occurs as provided in s. 121.021(39).
29         4.  Elected officers shall be eligible to participate
30  in the DROP subject to the following:
31
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  1         a.  An elected officer who reaches normal retirement
  2  date during a term of office may defer the election to
  3  participate in the DROP until the next succeeding term in that
  4  office. Such elected officer who exercises this option may
  5  participate in the DROP for up to 60 calendar months or a
  6  period of no longer than such succeeding term of office,
  7  whichever is less.
  8         b.  An elected or a nonelected participant may run for
  9  a term of office while participating in DROP and, if elected,
10  extend the DROP termination date accordingly, except, however,
11  if such additional term of office exceeds the 60-month
12  limitation established in subparagraph 1., and the officer
13  does not resign from office within such 60-month limitation,
14  the retirement and the participant's DROP shall be null and
15  void as provided in sub-subparagraph (c)5.d.
16         c.  An elected officer who is dually employed and
17  elects to participate in DROP shall be required to satisfy the
18  definition of termination within the 60-month limitation
19  period as provided in subparagraph 1. for the nonelected
20  position and may continue employment as an elected officer as
21  provided in s. 121.053. The elected officer will be enrolled
22  as a renewed member in the Elected Officers' Class or the
23  Regular Class, as provided in ss. 121.053 and 121.22, on the
24  first day of the month after termination of employment in the
25  nonelected position and termination of DROP. Distribution of
26  the DROP benefits shall be made as provided in paragraph (c).
27         (c)  Benefits payable under the DROP.--
28         1.  Effective with the date of DROP participation, the
29  member's initial normal monthly benefit, including creditable
30  service, optional form of payment, and average final
31  compensation, and the effective date of retirement shall be
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  1  fixed. The beneficiary established under the Florida
  2  Retirement System shall be the beneficiary eligible to receive
  3  any DROP benefits payable if the DROP participant dies prior
  4  to the completion of the period of DROP participation.  In the
  5  event a joint annuitant predeceases the member, the member may
  6  name a beneficiary to receive accumulated DROP benefits
  7  payable. Such retirement benefit, the annual cost of living
  8  adjustments provided in s. 121.101, and interest shall accrue
  9  monthly in the System Trust Fund.  Such interest shall accrue
10  at an effective annual rate of 6.5 percent compounded monthly,
11  on the prior month's accumulated ending balance, up to the
12  month of termination or death.
13         2.  Each employee who elects to participate in the DROP
14  shall be allowed to elect to receive a lump-sum payment for
15  accrued annual leave earned in accordance with agency policy
16  upon beginning participation in the DROP. Such accumulated
17  leave payment certified to the division upon commencement of
18  DROP shall be included in the calculation of the member's
19  average final compensation.  The employee electing such
20  lump-sum payment upon beginning participation in DROP will not
21  be eligible to receive a second lump-sum payment upon
22  termination, except to the extent the employee has earned
23  additional annual leave which combined with the original
24  payment does not exceed the maximum lump-sum payment allowed
25  by the employing agency's policy or rules.  Such early
26  lump-sum payment shall be based on the hourly wage of the
27  employee at the time he or she begins participation in the
28  DROP.  If the member elects to wait and receive such lump-sum
29  payment upon termination of DROP and termination of employment
30  with the employer, any accumulated leave payment made at that
31  time cannot be included in the member's retirement benefit,
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  1  which was determined and fixed by law when the employee
  2  elected to participate in the DROP.
  3         3.  The effective date of DROP participation and the
  4  effective date of retirement of a DROP participant shall be
  5  the first day of the month selected by the member to begin
  6  participation in the DROP, provided such date is properly
  7  established, with the written confirmation of the employer,
  8  and the approval of the division, on forms required by the
  9  division.
10         4.  Normal retirement benefits and interest thereon
11  shall continue to accrue in the DROP until the established
12  termination date of the DROP, or until the participant
13  terminates employment or dies prior to such date. Although
14  individual DROP accounts shall not be established, a separate
15  accounting of each participant's accrued benefits under the
16  DROP shall be calculated and provided to participants.
17         5.  At the conclusion of the participant's DROP, the
18  division shall distribute the participant's total accumulated
19  DROP benefits, subject to the following provisions:
20         a.  The division shall receive verification by the
21  participant's employer or employers that such participant has
22  terminated employment as provided in s. 121.021(39)(b).
23         b.  The terminated DROP participant or, if deceased,
24  such participant's named beneficiary, shall elect on forms
25  provided by the division to receive payment of the DROP
26  benefits in accordance with one of the options listed below.
27  For a participant or beneficiary who fails to elect a method
28  of payment within 60 days of termination of the DROP, the
29  division will pay a lump sum as provided in
30  sub-sub-subparagraph (I).
31
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  1         (I)  Lump sum.--All accrued DROP benefits, plus
  2  interest, less withholding taxes remitted to the Internal
  3  Revenue Service, shall be paid to the DROP participant or
  4  surviving beneficiary.
  5         (II)  Direct rollover.--All accrued DROP benefits, plus
  6  interest, shall be paid from the DROP directly to the
  7  custodian of an eligible retirement plan as defined in s.
  8  402(c)(8)(B) of the Internal Revenue Code. However, in the
  9  case of an eligible rollover distribution to the surviving
10  spouse of a deceased participant, an eligible retirement plan
11  is an individual retirement account or an individual
12  retirement annuity as described in s. 402(c)(9) of the
13  Internal Revenue Code.
14         (III)  Partial lump sum.--A portion of the accrued DROP
15  benefits shall be paid to the DROP participant or surviving
16  spouse, less withholding taxes remitted to the Internal
17  Revenue Service, and the remaining DROP benefits shall be
18  transferred directly to the custodian of an eligible
19  retirement plan as defined in s. 402(c)(8)(B) of the Internal
20  Revenue Code. However, in the case of an eligible rollover
21  distribution to the surviving spouse of a deceased
22  participant, an eligible retirement plan is an individual
23  retirement account or an individual retirement annuity as
24  described in s. 402(c)(9) of the Internal Revenue Code. The
25  proportions shall be specified by the DROP participant or
26  surviving beneficiary.
27         c.  The form of payment selected by the DROP
28  participant or surviving beneficiary complies with the minimum
29  distribution requirements of the Internal Revenue Code.
30         d.  A DROP participant who fails to terminate
31  employment as defined in s. 121.021(39)(b) shall be deemed not
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  1  to be retired, and the DROP election shall be null and void.
  2  Florida Retirement System membership shall be reestablished
  3  retroactively to the date of the commencement of the DROP, and
  4  each employer with whom the participant continues employment
  5  shall be required to pay to the System Trust Fund the
  6  difference between the DROP contributions paid in paragraph
  7  (i) and the contributions required for the applicable Florida
  8  Retirement System class of membership during the period the
  9  member participated in the DROP, plus 6.5 percent interest
10  compounded annually.
11         6.  The accrued benefits of any DROP participant, and
12  any contributions accumulated under such program, shall not be
13  subject to assignment, execution, attachment, or to any legal
14  process whatsoever, except for qualified domestic relations
15  orders by a court of competent jurisdiction, income deduction
16  orders as provided in s. 61.1301, and federal income tax
17  levies.
18         7.  DROP participants shall not be eligible for
19  disability retirement benefits as provided in subsection (4).
20         (d)  Death benefits under the DROP.--
21         1.  Upon the death of a DROP participant, the named
22  beneficiary shall be entitled to apply for and receive the
23  accrued benefits in the DROP as provided in sub-subparagraph
24  (c)5.b.
25         2.  The normal retirement benefit accrued to the DROP
26  during the month of a participant's death shall be the final
27  monthly benefit credited for such DROP participant.
28         3.  Eligibility to participate in the DROP terminates
29  upon death of the participant.  If the participant dies on or
30  after the effective date of enrollment in the DROP, but prior
31  to the first monthly benefit being credited to the DROP,
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  1  Florida Retirement System benefits shall be paid in accordance
  2  with subparagraph (7)(c)1. or subparagraph 2.
  3         4.  A DROP participants' survivors shall not be
  4  eligible to receive Florida Retirement System death benefits
  5  as provided in paragraph (7)(d).
  6         (e)  Cost-of-living adjustment.--On each July 1, the
  7  participants' normal retirement benefit shall be increased as
  8  provided in s. 121.101.
  9         (f)  Retiree health insurance subsidy.--DROP
10  participants are not eligible to apply for the retiree health
11  insurance subsidy payments as provided in s. 112.363 until
12  such participants have terminated employment and participation
13  in the DROP.
14         (g)  Renewed membership.--DROP participants shall not
15  be eligible for renewed membership in the Florida Retirement
16  System under ss. 121.053 and 121.122 until termination of
17  employment is effectuated as provided in s. 121.021(39)(b).
18         (h)  Employment limitation after DROP
19  participation.--Upon satisfying the definition of termination
20  of employment as provided in s. 121.021(39)(b), DROP
21  participants shall be subject to such reemployment limitations
22  as other retirees. Reemployment restrictions applicable to
23  retirees as provided in subsection (9) shall not apply to DROP
24  participants until their employment and participation in the
25  DROP are terminated.
26         (i)  Contributions.--
27         1.  All employers paying the salary of a DROP
28  participant filling a regularly established position shall
29  contribute 11.56 percent of such participant's gross
30  compensation, which shall constitute the entire employer DROP
31  contribution with respect to such participant.  Such
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  1  contributions, payable to the System Trust Fund in the same
  2  manner as required in s. 121.071, shall be made as appropriate
  3  for each pay period and are in addition to contributions
  4  required for social security and the Retiree Health Insurance
  5  Subsidy Trust Fund.  Such employer, social security, and
  6  health insurance subsidy contributions are not included in the
  7  DROP.
  8         2.  The employer shall, in addition to subparagraph 1.,
  9  also withhold one-half of the entire social security
10  contribution required for the participant.  Contributions for
11  social security by each participant and each employer, in the
12  amount required for social security coverage as now or
13  hereafter provided by the federal Social Security Act, shall
14  be in addition to contributions specified in subparagraph 1.
15         3.  All employers paying the salary of a DROP
16  participant filling a regularly established position shall
17  contribute the percent of such participant's gross
18  compensation required in s. 121.071(4), which shall constitute
19  the employer's health insurance subsidy contribution with
20  respect to such participant. Such contributions shall be
21  deposited by the administrator in the Retiree Health Insurance
22  Subsidy Trust Fund.
23         (j)  Forfeiture of retirement benefits.--Nothing in
24  this section shall be construed to remove DROP participants
25  from the scope of s. 8(d), Art. II of the State Constitution,
26  s. 112.3173, and paragraph (5)(f). DROP participants who
27  commit a specified felony offense while employed will be
28  subject to forfeiture of all retirement benefits, including
29  DROP benefits, pursuant to those provisions of law.
30         (k)  Administration of program.--The division shall
31  make such rules as are necessary for the effective and
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  1  efficient administration of this subsection. The division
  2  shall not be required to advise members of the federal tax
  3  consequences of an election related to the DROP but may advise
  4  members to seek independent advice.
  5         (14)  PAYMENT OF BENEFITS.--This subsection applies to
  6  the payment of benefits to a payee (retiree or beneficiary)
  7  under the Florida Retirement System:
  8         (a)  Federal income tax shall be withheld in accordance
  9  with federal law, unless the payee elects otherwise on Form
10  W-4P. The division shall prepare and distribute to each
11  recipient of monthly retirement benefits an appropriate income
12  tax form that reflects the recipient's income and federal
13  income tax withheld for the calendar year just ended.
14         (b)  Subject to approval by the division in accordance
15  with rule 60S-4.015, Florida Administrative Code, a payee
16  receiving retirement benefits under the Florida Retirement
17  System may also have the following payments deducted from his
18  or her monthly benefit:
19         1.  Premiums for life and health-related insurance
20  policies from approved companies.
21         2.  Life insurance premiums for the State Group Life
22  Insurance Plan, if authorized in writing by the payee and by
23  the Department of Management Services.
24         3.  Repayment of overpayments from the Florida
25  Retirement System Trust Fund, the State Employees' Health
26  Insurance Trust Fund, or the State Employees' Life Insurance
27  Trust Fund, upon notification of the payee.
28         4.  Payments to an alternate payee for alimony, child
29  support, or division of marital assets pursuant to a qualified
30  domestic relations order under s. 222.21 or an income
31  deduction order under s. 61.1301.
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  1         5.  Payments to the Internal Revenue Service for
  2  federal income tax levies, upon notification of the division
  3  by the Internal Revenue Service.
  4         (c)  A payee shall notify the division of any change in
  5  his or her address. The division may suspend benefit payments
  6  to a payee if correspondence sent to the payee's mailing
  7  address is returned due to an incorrect address. Benefit
  8  payments shall be resumed upon notification to the division of
  9  the payee's new address.
10         (d)  A payee whose retirement benefits are reduced by
11  the application of maximum benefit limits under s. 415(b) of
12  the Internal Revenue Code, as specified in s. 121.30(5), shall
13  have the portion of his or her calculated benefit in the
14  Florida Retirement System defined benefit plan which exceeds
15  such federal limitation paid through the Florida Retirement
16  System Preservation of Benefits Plan, as provided in s.
17  121.1001.
18         Section 30.  Paragraph (b) of subsection (7) of section
19  121.101, Florida Statutes, is amended to read:
20         121.101  Cost-of-living adjustment of benefits.--
21         (7)  The purpose of this subsection is to establish a
22  supplemental cost-of-living adjustment for certain retirees
23  and beneficiaries who receive monthly retirement benefits
24  under the provisions of this chapter and the existing systems
25  consolidated therein, s. 112.05 for certain state officers and
26  employees, and s. 238.171 for certain elderly incapacitated
27  teachers.
28         (b)  Application for the supplemental cost-of-living
29  adjustment provided by this subsection shall include
30  certification by the retiree or annuitant that he or she is
31  not receiving, and is not eligible to receive, social security
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  1  benefits and shall include written authorization for the
  2  division department to have access to information from the
  3  Social Security Administration concerning his or her
  4  entitlement to, or eligibility for, social security benefits.
  5  Such supplemental cost-of-living adjustment shall not be paid
  6  unless and until the application requirements of this
  7  paragraph are met.
  8         Section 31.  Paragraph (e) of subsection (2) of section
  9  121.111, Florida Statutes, is amended to read:
10         121.111  Credit for military service.--
11         (2)  Any member whose initial date of employment is
12  before January 1, 1987, who has military service as defined in
13  s. 121.021(20)(b), and who does not claim such service under
14  subsection (1) may receive creditable service for such
15  military service if:
16         (e)  Any member claiming credit under this subsection
17  must certify on the form prescribed by the division department
18  that credit for such service has not and will not be claimed
19  for retirement purposes under any other federal, state, or
20  local retirement or pension system where "length of service"
21  is a factor in determining the amount of compensation
22  received, except where credit for such service has been
23  granted in a pension system providing retired pay for
24  nonregular service as provided in paragraph (d). If the member
25  dies prior to retirement, the member's beneficiary must make
26  the required certification before credit may be claimed. If
27  such certification is not made by the member or the member's
28  beneficiary, credit for wartime military service shall not be
29  allowed.
30         Section 32.  Section 121.133, Florida Statutes, is
31  amended to read:
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  1         121.133  Cancellation of uncashed
  2  warrants.--Notwithstanding the provisions of s. 17.26 or s.
  3  717.123 to the contrary, effective July 1, 1998, if any state
  4  warrant issued by the Comptroller for the payment of
  5  retirement benefits from the Florida Retirement System Trust
  6  Fund, or any other pension trust fund administered by the
  7  division department, is not presented for payment within 1
  8  year after the last day of the month in which it was
  9  originally issued, the Comptroller shall cancel the benefit
10  warrant and credit the amount of the warrant to the Florida
11  Retirement System Trust Fund or other pension trust fund
12  administered by the division department, as appropriate.  The
13  division department may provide for issuance of a replacement
14  warrant when deemed appropriate.
15         Section 33.  Section 121.135, Florida Statutes, is
16  amended to read:
17         121.135  Annual report to Legislature concerning
18  state-administered retirement systems.--The division
19  department shall make to each regular session of the
20  Legislature a written report on the operation and condition of
21  the state-administered retirement systems.
22         Section 34.  Section 121.136, Florida Statutes, is
23  amended to read:
24         121.136  Annual benefit statement to
25  members.--Beginning January 1, 1993, and each January
26  thereafter, the division department shall provide each active
27  member of the Florida Retirement System with 5 or more years
28  of creditable service an annual statement of benefits. Such
29  statement should provide the member with basic data about the
30  member's retirement account. Minimally, it shall include the
31  member's retirement plan, the amount of funds on deposit in
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  1  the retirement account, and an estimate of retirement
  2  benefits.
  3         Section 35.  Section 121.1815, Florida Statutes, is
  4  amended to read:
  5         121.1815  Special pensions to individuals;
  6  administration of laws by the Division of Retirement
  7  Department of Management Services.--All powers, duties, and
  8  functions related to the administration of laws providing
  9  special pensions to individuals, including chapter 18054, Laws
10  of Florida, 1937; chapter 26788, Laws of Florida, 1951, as
11  amended by chapter 57-871, Laws of Florida; chapter 26836,
12  Laws of Florida, 1951; and chapter 63-953, Laws of Florida,
13  are vested in the division department. All laws hereinafter
14  enacted by the Legislature pertaining to special pensions for
15  individuals shall be administered by the division department,
16  unless contrary provisions are contained in such law. Upon the
17  death of any person receiving a monthly pension under this
18  section, the monthly pension shall be paid through the last
19  day of the month of death and shall terminate on that date,
20  unless contrary provisions are contained in the special
21  pension law.
22         Section 36.  Subsection (1) of section 121.1905,
23  Florida Statutes, is amended to read:
24         121.1905  Division of Retirement; creation.--
25         (1)  There is created the Division of Retirement, which
26  shall be assigned to and administratively housed within the
27  State Board of Administration and shall exercise the powers
28  and duties specified in this chapter and in other chapters as
29  determined by law within the Department of Management
30  Services. The division shall be headed by a director who is
31
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  1  appointed by and serves at the pleasure of the State Board of
  2  Administration.
  3         Section 37.  Section 121.192, Florida Statutes, is
  4  amended to read:
  5         121.192  State retirement actuary.--The division
  6  department may employ an actuary. Such actuary shall, together
  7  with such other duties as the director assigns secretary may
  8  assign, be responsible for:
  9         (1)  Advising the director secretary on actuarial
10  matters of the state retirement systems.
11         (2)  Making periodic valuations of the retirement
12  systems.
13         (3)  Providing actuarial analyses to the Legislature
14  concerning proposed changes in the retirement systems.
15         (4)  Assisting the director secretary in developing a
16  sound and modern retirement system.
17         Section 38.  Section 121.193, Florida Statutes, is
18  amended to read:
19         121.193  External compliance audits.--
20         (1)  The division department shall conduct audits of
21  the payroll and personnel records of participating agencies.
22  These audits shall be made to determine the accuracy of
23  reports submitted to the division department and to assess the
24  degree of compliance with applicable statutes, rules, and
25  coverage agreements. Audits shall be scheduled on a regular
26  basis, as the result of concerns known to exist at an agency,
27  or as a followup to ensure agency action was taken to correct
28  deficiencies found in an earlier audit.
29         (2)  Upon request, participating agencies shall furnish
30  the division department with information and documents that
31  the division department requires to conduct the audit. The
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  1  division department may prescribe by rule the documents that
  2  may be requested.
  3         (3)  The division department shall review the agency's
  4  operations concerning retirement and social security coverage.
  5  Preliminary findings shall be discussed with agency personnel
  6  at the close of the audit. An audit report of findings and
  7  recommendations shall be submitted to division department
  8  management and an audit summary letter shall be submitted to
  9  the agency noting any concerns and necessary corrective
10  action.
11         Section 39.  Subsection (1) of section 121.22, Florida
12  Statutes, is amended to read:
13         121.22  State Retirement Commission; creation;
14  membership; compensation.--
15         (1)(a)  There is created within the Division of
16  Retirement Department of Management Services a State
17  Retirement Commission composed of seven members: Two members
18  One member who are is retired under a state-supported
19  retirement system administered by the division department; two
20  members from different occupational backgrounds who are active
21  members in a state-supported retirement system that is
22  administered by the division department; and three four
23  members who are not retirees, beneficiaries, or members of a
24  state-supported retirement system that is administered by the
25  division department.
26         (b)  The State Retirement Commission shall be assigned
27  to and administratively housed within the Division of
28  Retirement, but the commission shall function independently
29  and shall not be under the supervision of the division or the
30  board. The exercise by the commission of its powers, duties,
31
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  1  and functions as prescribed by law is not subject to the
  2  review or approval of the division or the board.
  3         Section 40.  Subsection (1) of section 121.23, Florida
  4  Statutes, is amended to read:
  5         121.23  Disability retirement and special risk
  6  membership applications; Retirement Commission; powers and
  7  duties; judicial review.--The provisions of this section apply
  8  to all proceedings in which the administrator has made a
  9  written final decision on the merits respecting applications
10  for disability retirement, reexamination of retired members
11  receiving disability benefits, applications for special risk
12  membership, and reexamination of special risk members in the
13  Florida Retirement System.  The jurisdiction of the State
14  Retirement Commission under this section shall be limited to
15  written final decisions of the administrator on the merits.
16         (1)  In accordance with the rules of procedure adopted
17  by the Division Department of Management Services, the
18  administrator shall:
19         (a)  Give reasonable notice of his or her proposed
20  action, or decision to refuse action, together with a summary
21  of the factual, legal, and policy grounds therefor.
22         (b)  Give affected members, or their counsel, an
23  opportunity to present to the division written evidence in
24  opposition to the proposed action or refusal to act or a
25  written statement challenging the grounds upon which the
26  administrator has chosen to justify his or her action or
27  inaction.
28         (c)  If the objections of the member are overruled,
29  provide a written explanation within 21 days.
30         Section 41.  Subsections (2), (3), and (4) of section
31  121.24, Florida Statutes, are amended to read:
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  1         121.24  Conduct of commission business; legal and other
  2  assistance; compensation.--
  3         (2)  Legal counsel for the commission may be provided
  4  by the Department of Legal Affairs or by the division
  5  Department of Management Services, with the concurrence of the
  6  commission, and shall be paid by the division Department of
  7  Management Services from the appropriate funds.
  8         (3)  The division Department of Management Services
  9  shall provide timely and appropriate training for newly
10  appointed members of the commission. Such training shall be
11  designed to acquaint new members of the commission with the
12  duties and responsibilities of the commission.
13         (4)  The division Department of Management Services
14  shall furnish administrative and secretarial assistance to the
15  commission and shall provide a place where the commission may
16  hold its meetings.
17         Section 42.  Subsection (9) of section 121.30, Florida
18  Statutes, is amended to read:
19         121.30  Statements of purpose and intent and other
20  provisions required for qualification under the Internal
21  Revenue Code of the United States.--Any other provisions in
22  this chapter to the contrary notwithstanding, it is
23  specifically provided that:
24         (9)  The division department may adopt any rule
25  necessary to accomplish the purpose of the section which is
26  not inconsistent with this chapter.
27         Section 43.  Paragraph (c) of subsection (2),
28  paragraphs (c) and (e) of subsection (3), paragraphs (a), (b),
29  and (c) of subsection (4), and subsection (6) of section
30  121.35, Florida Statutes, are amended to read:
31
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  1         121.35  Optional retirement program for the State
  2  University System.--
  3         (2)  ELIGIBILITY FOR PARTICIPATION IN OPTIONAL
  4  PROGRAM.--
  5         (c)  For purposes of this section, the Division of
  6  Retirement Department of Management Services is referred to as
  7  the "division department."
  8         (3)  ELECTION OF OPTIONAL PROGRAM.--
  9         (c)  Any employee who becomes eligible to participate
10  in the optional retirement program on or after January 1,
11  1993, shall be a compulsory participant of the program unless
12  such employee elects membership in the Florida Retirement
13  System.  Such election shall be made in writing and filed with
14  the personnel officer of the employer.  Any eligible employee
15  who fails to make such election within the prescribed time
16  period shall be deemed to have elected to participate in the
17  optional retirement program.
18         1.  Any employee whose optional retirement program
19  eligibility results from initial employment shall be enrolled
20  in the program at the commencement of employment.  If, within
21  90 days after commencement of employment, the employee elects
22  membership in the Florida Retirement System, such membership
23  shall be effective retroactive to the date of commencement of
24  employment.
25         2.  Any employee whose optional retirement program
26  eligibility results from a change in status due to the
27  subsequent designation of the employee's position as one of
28  those specified in paragraph (2)(a) or due to the employee's
29  appointment, promotion, transfer, or reclassification to a
30  position specified in paragraph (2)(a) shall be enrolled in
31  the optional retirement program upon such change in status and
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  1  shall be notified by the employer of such action.  If, within
  2  90 days after the date of such notification, the employee
  3  elects to retain membership in the Florida Retirement System,
  4  such continuation of membership shall be retroactive to the
  5  date of the change in status.
  6         3.  Notwithstanding the provisions of this paragraph,
  7  effective July 1, 1997, any employee who is eligible to
  8  participate in the Optional Retirement Program and who fails
  9  to execute an annuity contract with one of the approved
10  companies and to notify the division department in writing as
11  provided in subsection (4) within 90 days of the date of
12  eligibility shall be deemed to have elected membership in the
13  Florida Retirement System, except as provided in s.
14  121.051(1)(a). This provision shall also apply to any employee
15  who terminates employment in an eligible position before
16  executing the required annuity contract and notifying the
17  division department. Such membership shall be retroactive to
18  the date of eligibility, and all appropriate contributions
19  shall be transferred to the Florida Retirement System Trust
20  Fund and the Health Insurance Subsidy Trust Fund.
21         (e)  The election by an eligible employee to
22  participate in the optional retirement program shall be
23  irrevocable for so long as the employee continues to meet the
24  eligibility requirements specified in subsection (2), except
25  as provided in paragraph (h). In the event that an employee
26  participates in the optional retirement program for 90 days or
27  more and is subsequently employed in an administrative or
28  professional position which has been determined by the
29  division department, under subparagraph (2)(a)2., to be not
30  otherwise eligible for participation in the optional
31  retirement program, the employee shall continue participation
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  1  in the optional program so long as the employee meets the
  2  other eligibility requirements for the program, except as
  3  provided in paragraph (h).
  4         (4)  CONTRIBUTIONS.--
  5         (a)  Each employer shall contribute on behalf of each
  6  participant in the optional retirement program an amount equal
  7  to the normal cost portion of the employer retirement
  8  contribution which would be required if the participant were a
  9  regular member of the Florida Retirement System, plus the
10  portion of the contribution rate required in s. 112.363(8)
11  that would otherwise be assigned to the Retiree Health
12  Insurance Subsidy Trust Fund, less an amount approved by the
13  Legislature which shall be deducted by the division department
14  to provide for the administration of this program. The payment
15  of the contributions to the optional program which is required
16  by this paragraph for each participant shall be made by the
17  employer to the division department, which shall forward the
18  contributions to the designated company or companies
19  contracting for payment of benefits for the participant under
20  the program. However, such contributions paid on behalf of an
21  employee described in paragraph (3)(c) shall not be forwarded
22  to a company and shall not begin to accrue interest until the
23  employee has executed an annuity contract and notified the
24  division department.
25         (b)  Each employer shall contribute on behalf of each
26  participant in the optional retirement program an amount equal
27  to the unfunded actuarial accrued liability portion of the
28  employer contribution which would be required for members of
29  the Florida Retirement System.  This contribution shall be
30  paid to the division department for transfer to the Florida
31  Retirement System Trust Fund.
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  1         (c)  An Optional Retirement Program Trust Fund shall be
  2  established in the State Treasury and administered by the
  3  division department to make payments to the provider companies
  4  on behalf of the optional retirement program participants, and
  5  to transfer the unfunded liability portion of the state
  6  optional retirement program contributions to the Florida
  7  Retirement System Trust Fund.
  8         (6)  ADMINISTRATION OF PROGRAM.--
  9         (a)  The optional retirement program authorized by this
10  section shall be administered by the division department.  The
11  division department shall adopt rules establishing the
12  responsibilities of the Board of Regents and institutions in
13  the State University System in administering the optional
14  retirement program. The Board of Regents shall, no more than
15  90 days after July 1, 1983, submit to the division department
16  its recommendations for the annuity contracts to be offered by
17  the companies chosen by the division department.  The
18  recommendations of the board shall include the following:
19         1.  The nature and extent of the rights and benefits in
20  relation to the required contributions; and
21         2.  The suitability of the rights and benefits to the
22  needs of the participants and the interests of the
23  institutions in the recruitment and retention of eligible
24  employees.
25         (b)  After receiving and considering the
26  recommendations of the Board of Regents, the division
27  department shall designate no more than four companies from
28  which annuity contracts may be purchased under the program and
29  shall approve the form and content of the optional retirement
30  program contracts.  Upon application by a qualified Florida
31  domestic company, the division department shall give
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  1  reasonable notice to all other such companies that it intends
  2  to designate one of such companies as a fifth company from
  3  which annuity contracts may be purchased pursuant to this
  4  section and that they may apply for such designation prior to
  5  the deadline established by said notice. At least 60 days
  6  after giving such notice and upon receipt of the
  7  recommendation of the Board of Regents, the division
  8  department shall so designate one of such companies as the
  9  fifth company from which such contracts may be purchased.
10         (c)  Effective July 1, 1997, the State Board of
11  Administration shall review and make recommendations to the
12  division department on the acceptability of all investment
13  products proposed by provider companies of the optional
14  retirement program before they are offered through annuity
15  contracts to the participants and may advise the division
16  department of any changes necessary to ensure that the
17  optional retirement program offers an acceptable mix of
18  investment products. The division department shall make the
19  final determination as to whether an investment product will
20  be approved for the program.
21         (d)  The provisions of each contract applicable to a
22  participant in the optional retirement program shall be
23  contained in a written program description which shall include
24  a report of pertinent financial and actuarial information on
25  the solvency and actuarial soundness of the program and the
26  benefits applicable to the participant.  Such description
27  shall be furnished by the companies to each participant in the
28  program and to the division department upon commencement of
29  participation in the program and annually thereafter.
30         (e)  The division department shall ensure that each
31  participant in the optional retirement program is provided an
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  1  accounting of the total contribution and the annual
  2  contribution made by and on behalf of such participant.
  3         Section 44.  Paragraph (b) of subsection (3) and
  4  paragraphs (a) and (b) of subsection (14) of section 121.40,
  5  Florida Statutes, are amended to read:
  6         121.40  Cooperative extension personnel at the
  7  Institute of Food and Agricultural Sciences; supplemental
  8  retirement benefits.--
  9         (3)  DEFINITIONS.--The definitions provided in s.
10  121.021 shall not apply to this section except when
11  specifically cited.  For the purposes of this section, the
12  following words or phrases have the respective meanings set
13  forth:
14         (b)  "Division" "Department" means the Division of
15  Retirement of the State Board of Administration Department of
16  Management Services.
17         (14)  ADMINISTRATION OF SYSTEM.--
18         (a)  The division department shall make such rules as
19  are necessary for the effective and efficient administration
20  of this system.  The director secretary of the division
21  department shall be the administrator of the system. The funds
22  to pay the expenses for such administration shall be
23  appropriated from the interest earned on investments made for
24  the trust fund.
25         (b)  The division department is authorized to require
26  oaths, by affidavit or otherwise, and acknowledgments from
27  persons in connection with the administration of its duties
28  and responsibilities under this section.
29         Section 45.  Subsection (3) of section 121.45, Florida
30  Statutes, is amended to read:
31
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  1         121.45  Interstate compacts relating to pension
  2  portability.--
  3         (3)  ESTABLISHMENT OF COMPACTS.--
  4         (a)  The division Department of Management Services is
  5  authorized and directed to survey other state retirement
  6  systems to determine if such retirement systems are interested
  7  in developing an interstate compact with Florida.
  8         (b)  If any such state is interested in pursuing the
  9  matter, the division department shall confer with the other
10  state and the consulting actuaries of both states, and shall
11  present its findings to the committees having jurisdiction
12  over retirement matters in the Legislature, and to
13  representatives of affected certified bargaining units, in
14  order to determine the feasibility of developing a portability
15  compact, what groups should be covered, and the goals and
16  priorities which should guide such development.
17         (c)  Upon a determination that such a compact is
18  feasible and upon request of the Legislature, the division
19  department, together with its consulting actuaries, shall, in
20  accordance with such said goals and priorities, develop a
21  proposal under which retirement credit may be transferred to
22  or from Florida in an actuarially sound manner.
23         (d)  Once a proposal has been developed, the division
24  department shall contract with its consulting actuaries to
25  conduct an actuarial study of the proposal to determine the
26  cost to the Florida Retirement System Trust Fund and the State
27  of Florida.
28         (e)  After the actuarial study has been completed, the
29  division department shall present its findings and the
30  actuarial study to the Legislature for consideration.  If
31  either house of the Legislature elects to enter into such a
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  1  compact, it shall be introduced in the form of a proposed
  2  committee bill to the full Legislature during the same or next
  3  regular session.
  4         Section 46.  Subsections (1) and (6) of section 122.02,
  5  Florida Statutes, are amended to read:
  6         122.02  Definitions.--The following words and phrases
  7  as used in this chapter shall have the following meaning
  8  unless a different meaning is plainly required by the context:
  9         (1)  "State and county officers and employees" shall
10  include all full-time officers or employees who receive
11  compensation for services rendered from state or county funds,
12  or from funds of drainage districts or mosquito control
13  districts of a county or counties, or from funds of the State
14  Board of Administration or from funds of closed bank
15  receivership accounts or from funds of any state institution
16  or who receive compensation for employment or service from any
17  agency, branch, department, institution or board of the state,
18  or any county of the state, for service rendered the state or
19  county from funds from any source provided for their
20  employment or service regardless of whether the same is paid
21  by state or county warrant or not; provided that such
22  compensation in whatever form paid shall be specified in terms
23  of fixed monthly salaries by the employing state or county
24  agency or state or county official and shall not include
25  amounts allowed for professional employees for special or
26  particular service or for subsistence or travel expenses;
27  provided further the division department shall prescribe
28  appropriate procedure for contribution deduction out of such
29  compensation in accordance with the provisions of this
30  chapter, provided further that such officers and employees
31
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  1  defined herein shall not include those officers and employees
  2  excepted from the provisions by s. 122.18 of this law.
  3         (6)  "Division" "Department" means the Division of
  4  Retirement of the State Board of Administration Department of
  5  Management Services.
  6         Section 47.  Paragraph (d) of subsection (6) and
  7  subsection (9) of section 122.03, Florida Statutes, are
  8  amended to read:
  9         122.03  Contributions; participants; prior service
10  credit.--
11         (6)  Any officer or employee who held office or was
12  employed by the state or a county of the state continuously
13  from May 1, 1959, and who has not previously received credit
14  for, or is not eligible to claim credit for, prior years of
15  service under subsection (2); or any officer or employee who
16  holds office or is employed by the state or a county of the
17  state on June 1, 1961, and is continuously employed; or any
18  officer or employee who holds office or is employed by the
19  state or county of the state after June 1, 1961, and who is
20  continuously employed for 3 years, during which period of time
21  no back payments may be made:
22         (d)  Prior service allowance may be made only for those
23  periods in which state or county records of service and salary
24  are available, or at least three affidavits and such other
25  information as might be required by the division department to
26  meet the provisions of this law.
27         (9)  The surviving spouse or other dependent of any
28  member whose employment is terminated by death shall, upon
29  application to the division department, be permitted to pay
30  the required contributions for any service performed by the
31  member which could have been claimed by the member at the time
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  1  of death. Such service shall be added to the creditable
  2  service of the member and shall be used in the calculation of
  3  any benefits which may be payable to the surviving spouse or
  4  other surviving dependent.
  5         Section 48.  Subsection (2) of section 122.05, Florida
  6  Statutes, is amended to read:
  7         122.05  Legislator services included.--
  8         (2)  The division department and state officials
  9  administering such said retirement system shall make the
10  contribution deductions required by law from the compensation
11  hereafter received by any of the said participating members of
12  the Legislature for service rendered the State Legislature in
13  the same manner as in the case of other state employment.
14         Section 49.  Subsection (2) of section 122.06, Florida
15  Statutes, is amended to read:
16         122.06  Legislative employee services included.--
17         (2)  The division department and other state officials
18  administering the said retirement system shall make the
19  contribution deductions required by law from the compensation
20  hereafter received by any of the said participating attaches
21  for service rendered the State Legislature in the same manner
22  as in the case of other state employment.
23         Section 50.  Subsection (2) of section 122.07, Florida
24  Statutes, is amended to read:
25         122.07  Seasonal state employment included; time limit
26  and procedure for claiming.--
27         (2)  Any state employee as described in subsection (1)
28  in the classification set forth in s. 122.01 may elect to
29  receive credit as a state employee under the State and County
30  Officers and Employees' Retirement System by providing to the
31  division department a statement from the state in which he or
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  1  she was employed, listing days employed and monthly earnings
  2  and such other information as may, in the opinion of the
  3  division department, be necessary or appropriate in the
  4  carrying out of this section. Credit shall be granted upon
  5  payment to the division department by such employee of an
  6  amount equal to the total retirement contribution that would
  7  have been required had the member worked in this state during
  8  the period based on the salary drawn by such employee during
  9  his or her last full month of employment by the state or any
10  department thereof for each month during such said fiscal year
11  for which such employee was not employed by the state or any
12  department thereof, but was employed by some other state, plus
13  interest compounded annually each June 30 from the date of the
14  service in another state to the date of payment at the rate of
15  4 percent until July 1, 1975, and 6.5 percent thereafter.  The
16  member shall have until his or her date of retirement to claim
17  and purchase credit for such employment in another state.
18         Section 51.  Paragraph (a) of subsection (1), Paragraph
19  (b) of subsection (4), and subsections (5) and (9) of section
20  122.08, Florida Statutes, are amended to read:
21         122.08  Requirements for retirement;
22  classifications.--There shall be two retirement
23  classifications for all state and county officers and
24  employees participating herein as hereafter provided in this
25  section:
26         (1)(a)  Any state or county officer or employee who has
27  attained normal retirement age, which shall be age 60 for a
28  person who had become a member prior to July 1, 1963, and age
29  62 for a person who had or shall become a member on or after
30  July 1, 1963, and has accumulated at least 10 years' service
31  in the aggregate within the contemplation of this law, and who
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  1  has made or makes contributions to the State and County
  2  Officers and Employees' Retirement Trust Fund for 5 or more
  3  years as prescribed in this law, may voluntarily retire from
  4  office or employment and be entitled to receive retirement
  5  compensation, the amount of which shall be 2 percent for each
  6  year of service rendered, based upon the average final
  7  compensation, payable in equal monthly installments, upon his
  8  or her own requisition.  Requisition requirements shall be set
  9  by the division department.
10         (4)
11         (b)  A member who elects an option in paragraph (a)
12  shall on a form provided for that purpose designate his or her
13  spouse as beneficiary to receive the benefits which continue
14  to be payable upon the death of the member.  After such
15  benefits have commenced under an option in paragraph (a), the
16  retired member may change the designation of his or her spouse
17  as beneficiary only twice.  If such a retired member remarries
18  and wishes to make such a change, he or she may do so by
19  filing with the division department a notarized change of
20  spouse designation form and shall notify the former spouse in
21  writing of such change. Upon receipt of a completed change of
22  spouse designation form, the division department shall adjust
23  the member's monthly benefit by the application of actuarial
24  tables and calculations developed to ensure that the benefit
25  paid is the actuarial equivalent of the present value of the
26  member's current benefit. The consent of a retired member's
27  formerly designated spouse as beneficiary to any such change
28  shall not be required.
29         (5)  Tables for computing the actuarial equivalent
30  shall be approved by the division department.
31
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  1         (9)  Notwithstanding any other provision in this
  2  chapter to the contrary, the following provisions shall apply
  3  to any officer or employee who has accumulated at least 10
  4  years of service and dies:
  5         (a)  If the deceased member's surviving spouse has
  6  previously received a refund of the member's contributions
  7  made to the retirement trust fund, such spouse may pay to the
  8  division department an amount equal to the sum of the amount
  9  of the deceased member's contributions previously refunded and
10  interest at 3 percent compounded annually on the amount of
11  such refunded contributions from the date of refund until July
12  1, 1975, and thereafter at the rate of 6.5 percent interest
13  compounded annually to the date of payment to the division
14  department, and by so doing be entitled to receive the monthly
15  retirement benefit provided in paragraph (c).
16         (b)  If the deceased member's surviving spouse has not
17  received a refund of the deceased member's contributions, such
18  spouse shall, upon application to the division department,
19  receive the monthly retirement benefit provided in paragraph
20  (c).
21         (c)  The monthly benefit payable to the spouse
22  described in paragraph (a) or paragraph (b) shall be the
23  amount which would have been payable to the deceased member's
24  spouse, assuming that the member retired on the date of death
25  and had selected the option in subsection (4) which would
26  afford the surviving spouse the greatest amount of benefits,
27  such benefit to be based on the ages of the spouse and member
28  as of the date of death of the member.  Such benefit shall
29  commence on the first day of the month following the payment
30  of the aforesaid amount to the division department, if
31  paragraph (a) is applicable, or on the first day of the month
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  1  following the receipt of the spouse's application by the
  2  division department, if paragraph (b) is applicable.
  3         Section 52.  Section 122.09, Florida Statutes, is
  4  amended to read:
  5         122.09  Disability retirement; medical
  6  examinations.--Whenever any officer or employee of the state
  7  or county of the state has service credit as such officer or
  8  employee for 10 years within the contemplation of this law,
  9  the last 5 years of which, except for a single break not to
10  exceed 1 year, must be continuous, unbroken service and who is
11  regularly contributing to the State and County Officers and
12  Employees' Retirement Trust Fund and shall while holding such
13  office or employment become permanently and totally disabled,
14  physically or mentally, or both, from rendering useful and
15  efficient service as such officer or employee, such officer or
16  employee may retire from his or her office or employment, and
17  upon such retirement the officer or employee shall be paid, so
18  long as the permanent and total disability continues, on his
19  or her own monthly requisition, from the State and County
20  Officers and Employees' Retirement Trust Fund hereinafter
21  established, retirement compensation as provided in s. 122.08;
22  provided that no officer or employee retiring under this
23  section shall receive less than 50 percent of his or her
24  average final compensation not to exceed $75.  No officer or
25  employee of the state and county of the state shall be
26  permitted to retire under the provisions of this section until
27  examined by a duly qualified physician or surgeon or board of
28  physicians and surgeons, to be selected by the Governor for
29  that purpose, and found to be disabled in the degree and in
30  the manner specified in this section.  Any officer or employee
31  retiring under this section shall be examined periodically by
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  1  a duly qualified physician or surgeon or board of physicians
  2  and surgeons to be selected by the Governor for that purpose
  3  and paid from the retirement trust fund herein provided for,
  4  at such time as the division directs Department of Management
  5  Services shall direct to determine if such total disability
  6  has continued and in the event it be disclosed by said
  7  examination that said total disability has ceased to exist,
  8  then such officer or employee shall forthwith cease to be paid
  9  benefits under this section.  Reference to s. 122.08 is for
10  the purpose of computing benefits only.  Any person heretofore
11  retired under this section shall be eligible to qualify for
12  the minimum benefits provided herein; however, minimum
13  benefits shall not be paid retroactively.
14         Section 53.  Subsection (4) of section 122.10, Florida
15  Statutes, is amended to read:
16         122.10  Separation from service; refund of
17  contributions.--
18         (4)  If Should any officer or employee elects elect to
19  receive a refund as provided in this section, his or her
20  application for refund shall be submitted in the manner
21  prescribed by the rules regulations adopted by the division
22  department and shall accompany the payroll certification,
23  submitted to the division department, on which he or she was
24  last paid prior to termination.  The division department shall
25  pay the entire refund due within 45 days after the first day
26  of the month subsequent to receipt of such application for
27  refund and said payroll certification.
28         Section 54.  Subsection (1) of section 122.12, Florida
29  Statutes, is amended to read:
30
31
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  1         122.12  Designation of beneficiary; death of
  2  participant; forfeiture of contributions after benefits paid;
  3  survivor benefits.--
  4         (1)  Any officer or employee may file, in writing, a
  5  designation of beneficiary and it shall be the duty of the
  6  division department to refund 100 percent, without interest,
  7  of the contributions made to the retirement trust fund by such
  8  deceased officer or employee to such designated beneficiary.
  9  The officer or employee shall have the privilege of changing,
10  in writing, the designated beneficiary at any time. Upon
11  failure to designate a beneficiary, the refund shall be made
12  to the persons in the same order as designated in  s. 222.15,
13  for wages due deceased employees.  If the deceased officer or
14  employee has received any benefits under this law, no refund
15  shall be made unless such officer or employee has elected to
16  accept benefits under s. 122.08(3) or (4).
17         Section 55.  Section 122.13, Florida Statutes, is
18  amended to read:
19         122.13  Administration of law; appropriation.--The
20  division department shall make such rules as are necessary for
21  the effective administration of this chapter, and the cost is
22  hereby annually appropriated and shall be paid into the State
23  and County Officers and Employees' Retirement Trust Fund out
24  of the Intangible Tax Fund in the State Treasury in the amount
25  necessary to administer efficiently the state and county
26  retirement law.  At the end of each fiscal year, beginning
27  with fiscal year 1959-1960, the administrative cost of the
28  state and county retirement system for the fiscal year just
29  ended shall be refunded to the General Revenue Fund from
30  interest earned on investments made subsequent to June 30,
31  1959.
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  1         Section 56.  Subsection (2) of section 122.15, Florida
  2  Statutes, is amended to read:
  3         122.15  Benefits exempt from taxes and execution.--
  4         (2)  This subsection shall have no effect upon this
  5  section except that the division department may, upon written
  6  request from the retired member, deduct premiums for group
  7  hospitalization insurance from the retirement benefit paid
  8  such retired member.
  9         Section 57.  Paragraph (b) of subsection (2) of section
10  122.16, Florida Statutes, is amended to read:
11         122.16  Employment after retirement.--
12         (2)
13         (b)  Any person to whom the limitation in paragraph (a)
14  applies who violates such reemployment limitation and is
15  reemployed with any agency participating in the Florida
16  Retirement System prior to completion of the 12-month
17  limitation period shall give timely notice of this fact in
18  writing to his or her employer and to the division department;
19  and his or her retirement benefits shall be suspended for the
20  balance of the 12-month limitation period.  Any person
21  employed in violation of this subsection and any employing
22  agency which knowingly employs or appoints such person without
23  notifying the division department to suspend retirement
24  benefits shall be jointly and severally liable for
25  reimbursement to the retirement trust fund of any benefits
26  paid during the reemployment limitation period.  To avoid
27  liability, such employing agency shall have a written
28  statement from the retiree that he or she is not retired from
29  a state-administered retirement system.  Any retirement
30  benefits received by such person while he or she is reemployed
31  during this reemployment limitation period shall be repaid to
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  1  the retirement trust fund, and his or her retirement benefits
  2  shall remain suspended until such repayment has been made. Any
  3  benefits suspended beyond the reemployment limitation period
  4  shall apply toward the repayment of benefits received in
  5  violation of the reemployment limitation.
  6         Section 58.  Subsections (3) and (5) of section 122.23,
  7  Florida Statutes, are amended to read:
  8         122.23  Definitions.--In addition to those definitions
  9  set forth in s. 122.02 the following words and phrases used in
10  ss. 122.21-122.24, 122.26 to 122.321, inclusive, have the
11  respective meanings set forth:
12         (3)  "Division" "Department" means the Division of
13  Retirement of the State Board of Administration Department of
14  Management Services.
15         (5)  "State agency" means the division Department of
16  Management Services within the provisions and contemplation of
17  chapter 650.
18         Section 59.  Subsections (1) and (5) of section 122.30,
19  Florida Statutes, are amended to read:
20         122.30  Appropriations.--
21         (1)  There is hereby annually appropriated from the
22  intangible tax fund of the state to the division department as
23  the state agency designated in chapter 650, a sum not to
24  exceed $10,000 to defray the expenses of such agency in
25  connection with its continuing duties in relation to the
26  social security coverage provided by this law.
27         (5)  In addition to amounts appropriated by other
28  provisions of this chapter or other laws to defray cost of
29  administration of this system, there is hereby appropriated
30  out of the Intangible Tax Fund of the state for use of the
31  division department in its administration of the two divisions
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  1  of this system, the sum of $100,000, or so much thereof as may
  2  be required for that purpose.
  3         Section 60.  Paragraphs (b) and (c) of subsection (1)
  4  and subsection (11) of section 122.34, Florida Statutes, are
  5  amended to read:
  6         122.34  Special provisions for certain sheriffs and
  7  full-time deputy sheriffs.--
  8         (1)
  9         (b)  Only those members who are full-time criminal law
10  enforcement officers or agents, as certified by the employing
11  authority, who perform duties according to rule, order, or
12  established custom as full-time criminal law enforcement
13  officers or agents shall be certified to the division
14  department as high hazard members, and only such members will
15  be approved by the division department.
16         (c)  The division department shall make such rules as
17  are necessary for the effective administration of the intent
18  of this section.
19         (11)  No high hazard member shall be permitted to
20  receive benefits under this section until examined by a duly
21  qualified physician or surgeon, or board of physicians and
22  surgeons, to be selected by the Governor for that purpose, and
23  found to be disabled in the degree and in the manner specified
24  in this section.  At such time as the division Department of
25  Management Services directs, any high hazard member receiving
26  disability benefits under this section shall submit to a
27  medical examination to determine if such disability has
28  continued, and the cost of such examination shall be paid from
29  the retirement trust fund herein provided for; and in the
30  event it is declared by such said examination that such said
31  disability has cleared, such member shall be ordered to return
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  1  to active duty with the same rank and salary that he or she
  2  had at the time of disability.  Any such member who shall fail
  3  to return to duty following such order shall forfeit all
  4  rights and claims under this law.  Every high hazard member
  5  retiring under this provision shall be paid so long as the
  6  member's permanent total or partial disability continues, on
  7  his or her own requisition.
  8         Section 61.  Section 122.351, Florida Statutes, is
  9  amended to read:
10         122.351  Funding by local agencies.--Commencing on July
11  1, 1969, all county and local agencies covered under the
12  provisions of s. 122.35 shall accumulate and be responsible
13  for the payment of social security and retirement matching
14  costs as required under s. 122.35, from the intangible tax
15  allocation of that county and any other source available to
16  the local governmental units, except that all agencies, other
17  than the school boards, shall be given credit for 50 percent
18  of their 1967-1969 actual employer matching cost, actual cost
19  being that cost in cash actually paid by the employer for
20  matching retirement and social security into the fund by the
21  agency for such said biennium. The above credit of 50 percent
22  shall be calculated by the division department.
23         Section 62.  Subsection (6) of section 175.032, Florida
24  Statutes, is amended to read:
25         175.032  Definitions.--For any municipality, special
26  fire control district, chapter plan, local law municipality,
27  local law special fire control district, or local law plan
28  under this chapter, the following words and phrases have the
29  following meanings:
30
31
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  1         (6)  "Division" means the Division of Retirement of the
  2  State Board of Administration Department of Management
  3  Services.
  4         Section 63.  Section 175.1215, Florida Statutes, is
  5  amended to read:
  6         175.1215  Police and Firefighters' Premium Tax Trust
  7  Fund.--The Police and Firefighters' Premium Tax Trust Fund is
  8  created, to be administered by the Division of Retirement of
  9  the Department of Management Services.  Funds credited to the
10  trust fund, as provided in chapter 95-250, Laws of Florida, or
11  similar legislation, shall be expended for the purposes set
12  forth in that legislation.
13         Section 64.  Subsection (7) of section 185.02, Florida
14  Statutes, is amended to read:
15         185.02  Definitions.--For any municipality, chapter
16  plan, local law municipality, or local law plan under this
17  chapter, the following words and phrases as used in this
18  chapter shall have the following meanings, unless a different
19  meaning is plainly required by the context:
20         (7)  "Division" means the Division of Retirement of the
21  State Board of Administration Department of Management
22  Services.
23         Section 65.  Section 185.105, Florida Statutes, is
24  amended to read:
25         185.105  Police and Firefighters' Premium Tax Trust
26  Fund.--The Police and Firefighters' Premium Tax Trust Fund is
27  created, to be administered by the Division of Retirement of
28  the Department of Management Services.  Funds credited to the
29  trust fund, as provided in chapter 95-250, Laws of Florida, or
30  similar legislation, shall be expended for the purposes set
31  forth in that legislation.
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  1         Section 66.  Paragraph (ii) of subsection (4) of
  2  section 215.20, Florida Statutes, is amended to read:
  3         215.20  Certain income and certain trust funds to
  4  contribute to the General Revenue Fund.--
  5         (4)  The income of a revenue nature deposited in the
  6  following described trust funds, by whatever name designated,
  7  is that from which the deductions authorized by subsection (3)
  8  shall be made:
  9         (ii)  The Police and Firefighters' Premium Tax Trust
10  Fund established within the Division of Retirement of the
11  State Board of Administration Department of Management
12  Services.
13
14  The enumeration of the foregoing moneys or trust funds shall
15  not prohibit the applicability thereto of s. 215.24 should the
16  Governor determine that for the reasons mentioned in s. 215.24
17  the money or trust funds should be exempt herefrom, as it is
18  the purpose of this law to exempt income from its force and
19  effect when, by the operation of this law, federal matching
20  funds or contributions or private grants to any trust fund
21  would be lost to the state.
22         Section 67.  Subsection (3) of section 215.28, Florida
23  Statutes, is amended to read:
24         215.28  United States securities, purchase by state and
25  county officers and employees; deductions from salary.--
26         (3)  All deductions so made by any such disbursing
27  authority shall be deposited in a trust account separate and
28  apart from the funds of the state, county, or subordinate
29  agency.  Such account will be subject to withdrawal only for
30  the purchase of United States securities on behalf of officers
31  and employees, or for refunds to such persons in accordance
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  1  with the provisions of this law.  Whenever the sum of $18.75
  2  or the purchase price of the security requested to be
  3  purchased is accumulated from deductions so made from the
  4  salaries or wages of an officer or employee, such disbursing
  5  agent shall arrange the purchase of the bond or security
  6  applied for and have it registered in the name or names
  7  requested in the deduction authorization. Securities so
  8  purchased will be delivered in such manner as may be
  9  convenient for the issuing agent and the purchaser.  Any
10  interest earned on moneys in such account while awaiting the
11  accumulation of the purchase price of the security shall be
12  transferred to the Florida Retirement System Trust Fund as
13  reimbursement for administrative costs incurred by the
14  Division of Retirement of the State Board of Administration
15  Department of Management Services under this section.
16         Section 68.  Subsection (3) of section 215.50, Florida
17  Statutes, is amended to read:
18         215.50  Custody of securities purchased; income.--
19         (3)  The Treasurer, as custodian of securities owned by
20  the Florida Retirement System Trust Fund and the Florida
21  Survivor Benefit Trust Fund, shall collect the interest,
22  dividends, prepayments, maturities, proceeds from sales, and
23  other income accruing from such assets.  As such income is
24  collected by the Treasurer, it shall be deposited directly
25  into a commercial bank to the credit of the State Board of
26  Administration.  Such bank accounts as may be required for
27  this purpose shall offer satisfactory collateral security as
28  provided by chapter 280.  In the event funds so deposited
29  according to the provisions of this section are required for
30  the purpose of paying benefits or other operational needs, the
31  State Board of Administration shall remit to the Florida
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  1  Retirement System Trust Fund in the State Treasury such
  2  amounts as may be requested by the director of the Division of
  3  Retirement of the State Board of Administration Department of
  4  Management Services.
  5         Section 69.  Subsections (2), (3), (11), and (13) of
  6  section 238.01, Florida Statutes, are amended to read:
  7         238.01  Definitions.--The following words and phrases
  8  as used in this chapter shall have the following meanings
  9  unless a different meaning is plainly required by the context:
10         (2)  "Division" "Department" means the Division of
11  Retirement of the State Board of Administration Department of
12  Management Services.
13         (3)  "Teacher" means any member of the teaching or
14  professional staff and any certificated employee of any public
15  free school, of any district school system and vocational
16  school, any member of the teaching or professional staff of
17  the Florida School for the Deaf and Blind, child training
18  schools of the Department of Juvenile Justice, the Department
19  of Corrections, and any tax-supported institution of higher
20  learning of the state, and any member and any certified
21  employee of the Department of Education, any certified
22  employee of the retirement system, any full-time employee of
23  any nonprofit professional association or corporation of
24  teachers functioning in Florida on a statewide basis, which
25  seeks to protect and improve public school opportunities for
26  children and advance the professional and welfare status of
27  its members, any person now serving as superintendent, or who
28  was serving as county superintendent of public instruction on
29  July 1, 1939, and any hereafter duly elected or appointed
30  superintendent, who holds a valid Florida teachers'
31  certificate. In all cases of doubt the division Department of
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  1  Management Services shall determine whether any person is a
  2  teacher as defined herein.
  3         (11)  "Regular interest" means interest at such rate as
  4  may be set from time to time by the division Department of
  5  Management Services.
  6         (13)  "Earnable compensation" means the full
  7  compensation payable to a teacher working the full working
  8  time for his or her position. In respect to plans A, B, C, and
  9  D only, in cases where compensation includes maintenance, the
10  division Department of Management Services shall fix the value
11  of that part of the compensation not paid in money; provided
12  that all members shall from July 1, 1955, make contributions
13  to the retirement system on the basis of "earnable
14  compensation" as defined herein and all persons who are
15  members on July 1, 1955, may, upon application, have their
16  "earnable compensation" for the time during which they have
17  been members prior to that date determined on the basis of
18  "earnable compensation" as defined in this law, upon paying to
19  the retirement system, on or before the date of retirement, a
20  sum equal to the additional contribution with accumulated
21  regular interest thereon they would have made if "earnable
22  compensation" had been defined, at the time they became
23  members, as it is now defined. However, earnable compensation
24  for all plan years beginning on or after July 1, 1990, shall
25  not include any amounts in excess of the compensation
26  limitation (originally $200,000) established by s. 401(a)(17)
27  of the Internal Revenue Code prior to the Omnibus Budget
28  Reconciliation Act of 1993, which limitation shall be adjusted
29  for changes in the cost of living since 1989, in the manner
30  provided by s. 401(a)(17) of the Internal Revenue Code of
31  1991.  This limitation, which has been part of the Teachers'
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  1  Retirement System since plan years beginning on or after July
  2  1, 1990, shall be adjusted as required by federal law for
  3  qualified government plans.
  4         Section 70.  Section 238.02, Florida Statutes, is
  5  amended to read:
  6         238.02  Name and date of establishment.--A retirement
  7  system is established and placed under the management of the
  8  division Department of Management Services for the purpose of
  9  providing retirement allowances and other benefits for
10  teachers of the state.  The retirement system shall begin
11  operations on July 1, 1939.  It has such powers and privileges
12  of a corporation as may be necessary to carry out effectively
13  the provisions of this chapter and shall be known as the
14  "Teachers' Retirement System of the State," and by such name
15  all of its business shall be transacted, all of its funds
16  invested, and all of its cash and securities and other
17  property held in trust for the purpose for which received.
18         Section 71.  Section 238.03, Florida Statutes, is
19  amended to read:
20         238.03  Administration.--
21         (1)  The general administration and the responsibility
22  for the proper operation of the retirement system and for
23  making effective the provisions of this chapter are vested in
24  the division Department of Management Services.  Subject to
25  the limitation of this chapter, the department shall, from
26  time to time, establish rules and regulations for the
27  administration and transaction of the business of the
28  retirement system and shall perform such other functions as
29  are required for the execution of this chapter.
30         (2)  The division department shall keep in convenient
31  form such data as shall be necessary for actuarial valuation
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  1  of the various funds created by this chapter and for checking
  2  the experience of the retirement system.
  3         (3)  The Department of Legal Affairs shall be the legal
  4  adviser of the division department.
  5         (4)  The division department shall employ such agents,
  6  servants and employees as in its judgment may be necessary to
  7  carry out the terms and provisions of this chapter and shall
  8  provide for their compensation.  Among the employees of the
  9  division department shall be an actuary who shall be the
10  technical adviser of the division department on matters
11  regarding the operation of the funds created by the provisions
12  of this chapter and who shall perform such other duties as are
13  required in connection therewith.
14         (5)  In the year 1943 and at least once in each 5-year
15  period thereafter, the actuary shall make an actuarial
16  investigation of the mortality, service and salary experience
17  of the members and beneficiaries as defined in this chapter,
18  and shall make a valuation of the various funds created by the
19  chapter, and having regard to such investigation and
20  valuation, the division department shall adopt such mortality
21  and service tables as are shall be deemed necessary, and shall
22  certify the rates of contribution payable under the provisions
23  of this chapter.
24         (6)  The actuary shall make an annual valuation of the
25  assets and liabilities of the funds of the retirement system
26  on the basis of the tables adopted by the division department
27  in accordance with the requirements of this section, and shall
28  prepare an annual statement of the amounts to be contributed
29  by the state in accordance with s. 238.09.
30         (7)  The division department shall publish annually the
31  valuation, as certified by the actuary, of the assets and
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  1  liabilities of the various funds created by this chapter, a
  2  statement as to the receipts and disbursements of the funds,
  3  and a statement as to the accumulated cash and securities of
  4  the funds.
  5         (8)  The division department shall keep a record of all
  6  of its proceedings and such record shall be open to inspection
  7  by the public.
  8         (9)  The division department is authorized to
  9  photograph and reduce to microfilm as a permanent record, its
10  ledger sheets showing the salary and contributions of members
11  of the retirement system, also the records of deceased members
12  of the system and thereupon to destroy the documents from
13  which such films are photographed.
14         Section 72.  Paragraph (b) of subsection (1),
15  paragraphs (a) and (b) of subsection (3), and subsection (4)
16  of section 238.05, Florida Statutes, are amended to read:
17         238.05  Membership.--
18         (1)  The membership of the retirement system shall
19  consist of the following:
20         (b)  All persons who became or who become teachers on
21  or after July 1, 1939, except as provided in paragraph (a) and
22  subsection (5) hereof, shall become members of the retirement
23  system by virtue of their appointment as teachers.  However,
24  employees who are not members of the teaching or professional
25  staff shall only become members of the retirement system by
26  filing a notice with the division department of their election
27  to become members.
28         (3)  Except as otherwise provided in s. 238.07(9),
29  membership of any person in the retirement system will cease
30  if he or she is continuously unemployed as a teacher for a
31  period of more than 5 consecutive years, or upon the
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  1  withdrawal by the member of his or her accumulated
  2  contributions as provided in s. 238.07(13), or upon
  3  retirement, or upon death; provided that the adjustments
  4  prescribed below are to be made for persons who enter the
  5  Armed Forces of the United States during a period of war or
  6  national emergency and for persons who are granted leaves of
  7  absence.  Any member of the retirement system who within 1
  8  year before the time of entering the Armed Forces of the
  9  United States was a teacher, as defined in s. 238.01, or was
10  engaged in other public educational work within the state, and
11  member of the Teachers' Retirement System at the time of
12  induction, or who has been or is granted leave of absence,
13  shall be permitted to elect to continue his or her membership
14  in the Teachers' Retirement System; and membership service
15  shall be allowed for the period covered by service in the
16  Armed Forces of the United States or by leave of absence under
17  the following conditions:
18         (a)  A person who has been granted leave of absence
19  shall file with the division department before his or her next
20  contribution is due an application to continue his or her
21  membership during the period covered by the person's leave of
22  absence and, if such application is filed, shall make his or
23  her contribution to the retirement system on the basis of his
24  or her last previous annual salary as a teacher, and shall,
25  prior to retirement, pay in full to the system such
26  contributions with accumulated regular interest.  Such
27  contributions with interest may be paid at one time or in
28  monthly, quarterly, semiannual, or annual payments in the
29  person's discretion.
30         (b)  A person who enters or who has entered the Armed
31  Forces of the United States may either continue his or her
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  1  membership according to the plan outlined under paragraph (a)
  2  or, in lieu thereof, may file with the division department at
  3  any time following the close of his or her military service an
  4  application that his or her membership be continued and that
  5  membership service be allowed for not more than 5 years of his
  6  or her period of service in the Armed Forces of the United
  7  States during any period of war or national emergency;
  8  provided that any such person shall, prior to retirement, pay
  9  in full his or her contributions with accumulated regular
10  interest to the retirement system for the period for which he
11  or she is entitled to membership service on the basis of his
12  or her last previous annual salary as a teacher.  Such
13  contributions with interest may be paid to the division
14  department at one time or in monthly, quarterly, semiannual,
15  or annual payments in the person's discretion.
16         (4)  The division department may in its discretion deny
17  the right to become members to any class of teachers who are
18  serving on a temporary or any other than a per annum basis,
19  and it may also in its discretion make optional with members
20  in any such class their individual entrance into membership.
21         Section 73.  Subsections (3) and (10), paragraphs (a)
22  and (b) of subsection (12), subsection (13), paragraphs (a),
23  (b), and (d) of subsection (15A), and paragraphs (a) and (d)
24  of subsection (16) of section 238.07, Florida Statutes, are
25  amended to read:
26         238.07  Regular benefits; survivor benefits.--
27         (3)  Any member who, prior to July 1, 1955, elected to
28  retire under one of plans A, B, C, or D may elect, prior to
29  retirement, to retire under plan E in accordance with the
30  terms hereof.  Any person who became a member on or after July
31  1, 1955, shall retire under plan E, except as provided for
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  1  under s. 238.31. With respect to plans A, B, C, or D, any
  2  member shall have the right at any time to change to a plan of
  3  retirement requiring a lower rate of contribution.  The
  4  division Department of Management Services shall also notify
  5  the member of the rate of contribution such member must make
  6  from and after selecting such plan of retirement.  Any member
  7  in service may retire upon reaching the age of retirement
  8  formerly selected by him or her, upon the member's written
  9  application to the division department setting forth at which
10  time, not more than 90 days subsequent to the execution and
11  filing of such application, it is his or her desire to retire
12  notwithstanding that during such period of notification he or
13  she may have separated from service.  Upon receipt of such
14  application for retirement, the division department shall
15  retire such member not more than 90 days thereafter.  Before
16  such member may retire he or she must file with the division
17  department his or her written selection of one of the optional
18  benefits provided in s. 238.08.
19         (10)  Any member in service, who has 10 or more years
20  of creditable service, may upon the application of his or her
21  employer or upon his or her own application, be retired by the
22  division department not less than 30 nor more than 90 days
23  next following the date of filing such application, on a
24  disability retirement allowance; provided that a physician
25  licensed by this state examines and certifies that such member
26  is mentally or physically incapacitated for the further
27  performance of duty, that such incapacity is likely to be
28  permanent, and that such member should be retired, and the
29  division department concurs.  In making the determination, the
30  division department may require other evidence of disability
31  as deemed appropriate.
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  1         (12)(a)  Once each year during the first 5 years
  2  following the retirement of a member on a disability
  3  retirement allowance, and once in every 3-year period
  4  thereafter, the division department may require any disability
  5  beneficiary who has not yet attained his or her minimum
  6  service retirement age to undergo a medical examination by a
  7  physician licensed by this state and to submit any other
  8  evidence of disability as required by the division department.
  9  If Should a disability beneficiary who has not yet attained
10  his or her minimum service retirement age refuses refuse to
11  submit to any such medical examination, his or her retirement
12  allowance shall be discontinued until his or her withdrawal of
13  such refusal, and if should such refusal continues continue
14  for 1 year, all of the disability beneficiary's rights in and
15  to his or her pension shall be forfeited.
16         (b)  If the division department finds that a disability
17  beneficiary is engaged in or is able to engage in a gainful
18  occupation paying more than the difference between his or her
19  disability retirement allowance and his or her average final
20  compensation, the amount of the beneficiary's pension shall be
21  reduced to an amount which, together with his or her annuity
22  and the amount earnable by him or her, shall equal the amount
23  of his or her average final compensation. Should the
24  beneficiary's earning capacity later be changed, the amount of
25  his or her pension may be further modified; provided that the
26  pension so modified shall not exceed the amount of the pension
27  allowable under subsection (11), at the time of retirement,
28  nor an amount which, when added to the amount earnable by the
29  beneficiary, together with his or her annuity, equals the
30  amount of his or her average final compensation.  A
31  beneficiary restored to active service at a salary less than
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  1  the average final compensation upon the basis of which he or
  2  she was retired shall not become a member of the retirement
  3  system at that time.
  4         (13)  If Should a member ceases cease to be a teacher
  5  except by death or by retirement under the provisions of this
  6  chapter, the member shall be paid the amount of his or her
  7  accumulated contributions.  If Should a member dies die before
  8  retirement, the amount of his or her accumulated contributions
  9  shall be paid to such person, if any, as he or she shall have
10  nominated by written designation duly executed and filed with
11  the division department; otherwise, to his or her executors or
12  administrators.
13         (15A)(a)  Any member of the Teachers' Retirement System
14  who has heretofore, or who hereafter, retires with no less
15  than 10 years of creditable service and who has passed his or
16  her 65th birthday, may, upon application to the division
17  department, have his or her retirement allowance redetermined
18  and thereupon shall be entitled to a monthly service
19  retirement allowance which shall be equal to $4 multiplied by
20  the number of years of the member's creditable service which
21  shall be payable monthly during his or her retirement;
22  provided, that the amount of retirement allowance as
23  determined hereunder, shall be reduced by an amount equal to:
24         1.  Any social security benefits received by the
25  member, and
26         2.  Any social security benefits that the member is
27  eligible to receive by reason of his or her own right or
28  through his or her spouse.
29         (b)  No payment shall be made to a member of the
30  Teachers' Retirement System under this act, until the division
31
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  1  department has determined the social security status of such
  2  member.
  3         (d)  The division department shall review, at least
  4  annually, the social security status of all members of the
  5  Teachers' Retirement System receiving payment under this act
  6  and shall increase or decrease payments to such members as
  7  shall be necessary to carry out the intent of this act.
  8         (16)(a)  Definitions under survivor benefits are:
  9         1.  A dependent is a child, widow, widower, or parent
10  of the deceased member who was receiving not less than
11  one-half of his or her support from the deceased member at the
12  time of the death of such member.
13         2.  A child is a natural or legally adopted child of a
14  member, who:
15         a.  Is under 18 years of age, or
16         b.  Is over 18 years of age but not over 22 years of
17  age and is enrolled as a student in an accredited educational
18  institution, or
19         c.  Is 18 years of age or older and is physically or
20  mentally incapable of self-support, when such mental and
21  physical incapacity occurred prior to such child obtaining the
22  age of 18 years.  Such person shall cease to be regarded as a
23  child upon the termination of such physical or mental
24  disability.  The determination as to such physical or mental
25  incapability shall be vested in the division department.
26
27  No person shall be considered a child who has married or,
28  except as provided in sub-subparagraph 2.b. or as to a child
29  who is physically or mentally incapable of self-support as
30  hereinbefore set forth, has become 18 years of age.
31
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  1         3.  A parent is a natural parent of a member and
  2  includes a lawful spouse of a natural parent.
  3         4.  A beneficiary is a person who is entitled to
  4  benefits under this subsection by reason of his or her
  5  relation to a deceased member during the lifetime of such
  6  member.
  7         (d)  Limitations on rights of beneficiary are:
  8         1.  The person named as beneficiary in paragraph (b)
  9  shall, in no event, be entitled to receive the benefits set
10  out in such paragraph unless the death of the member under
11  whom such beneficiary claims occurs within the period of time
12  after the member has served in Florida as follows:
13
14  Minimum number of years                Period after serving in
15         of service in Florida                  Florida in which
16                                                 death of member
17                                                          occurs
18
19         3 to 5........................................2 years
20         6 to 9........................................5 years
21         10 or more...................................10 years
22
23         2.  Upon the death of a member, the division department
24  shall make a determination of the beneficiary or beneficiaries
25  of the deceased member and shall pay survivor benefits to such
26  beneficiary or beneficiaries beginning 1 month immediately
27  following the death of the member except where the beneficiary
28  has not reached the age required to receive benefits under
29  paragraph (b), in which event the payment of survivor benefits
30  shall begin as of the month immediately following the month in
31  which the beneficiary reaches the required age.  When required
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  1  by the division department, the beneficiary or beneficiaries
  2  shall file an application for survivor benefits upon forms
  3  prescribed by the division department.
  4         3.  The beneficiaries of a member to receive survivor
  5  benefits are fixed by this subsection, and a member may not
  6  buy or otherwise change such benefits.  He or she may,
  7  however, designate the beneficiary to receive the $500 death
  8  benefits.  If a member fails to make this designation, the
  9  $500 death benefits shall be paid to his or her executor or
10  administrator.
11         4.  The beneficiary or beneficiaries of a member whose
12  death occurs while he or she is in service or while he or she
13  is receiving a disability allowance under subsection (11),
14  shall receive survivor benefits under this subsection
15  determined by the years of service in Florida of the deceased
16  member as set out in paragraph (b).  The requirement that the
17  death of a member must occur within a certain period of time
18  after service in Florida as set out in subparagraph (d)1.
19  shall not apply to a member receiving a disability benefit at
20  the time of his or her death.
21         Section 74.  Subsection (2), paragraph (b) of
22  subsection (5), and subsections (6) and (7) of section 238.08,
23  Florida Statutes, are amended to read:
24         238.08  Optional benefits.--A member may elect to
25  receive his or her benefits under the terms of this chapter
26  according to the provisions of any one of the following
27  options:
28         (2)  Option two. A member may elect to receive on
29  retirement the actuarial equivalent (at that time) of his or
30  her retirement allowance in a reduced retirement allowance
31  payable throughout life, with the provisions that if the
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  1  member dies before he or she has received in payment of his or
  2  her annuity the amount of his or her accumulated
  3  contributions, as they were at the time of his or her
  4  retirement, the balance shall be paid to such person, if any,
  5  as he or she shall nominate by written designation duly
  6  acknowledged and filed with the division department;
  7  otherwise, to his or her executors or administrators.
  8         (5)
  9         (b)  A member who elects Option three or Option four
10  shall, on a form provided for that purpose, designate his or
11  her spouse as beneficiary to receive the benefits which
12  continue to be payable upon the death of the member.  After
13  such benefits have commenced under Option three or Option
14  four, the retired member may change the designation of his or
15  her spouse as beneficiary only twice.  If such a retired
16  member remarries and wishes to make such a change, he or she
17  may do so by filing with the division department a notarized
18  change of spouse designation form and shall notify the former
19  spouse in writing of such change.  Upon receipt of a completed
20  change of spouse designation form, the division department
21  shall adjust the member's monthly benefit by the application
22  of actuarial tables and calculations developed to ensure that
23  the benefit paid is the actuarial equivalent of the present
24  value of the member's current benefit. The consent of a
25  retired member's formerly designated spouse as beneficiary to
26  any such change shall not be required.
27         (6)  Notwithstanding any provision in this chapter to
28  the contrary, the following provisions shall apply to any
29  member of the retirement system who has accumulated at least
30  10 years of service and dies prior to retirement:
31
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  1         (a)  If the deceased member's surviving spouse has
  2  previously received a refund of the member's accumulated
  3  contributions made to the retirement system, such spouse may
  4  pay to the division department an amount equal to the sum of
  5  the amount of the deceased member's contributions previously
  6  refunded and regular interest compounded annually on the
  7  amount of such refunded contributions from the date of refund
  8  to the date of payment to the division department, and by so
  9  doing be entitled to receive the monthly retirement benefit
10  provided in paragraph (c).
11         (b)  If the deceased member's surviving spouse has not
12  received a refund of the deceased member's accumulated
13  contributions, such spouse shall, upon application to the
14  division department within 30 days of the death of the member,
15  receive the monthly retirement benefit provided in paragraph
16  (c).
17         (c)  The monthly benefit payable to the spouse
18  described in paragraph (a) or paragraph (b) shall be the
19  amount which would have been payable to the deceased member's
20  spouse, assuming that the member retired on the date of his or
21  her death and had selected the option in subsection (3), such
22  benefit to be based on the ages of the spouse and member as of
23  the date of death of the member. The benefit shall commence on
24  the first day of the month following the payment of the
25  aforesaid amount to the division department, if paragraph (a)
26  is applicable, or on the first day of the month following the
27  receipt of the spouse's application by the division
28  department, if paragraph (b) is applicable.
29         (7)  The surviving spouse or other dependent of any
30  member whose employment is terminated by death shall, upon
31  application to the division department, be permitted to pay
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  1  the required contributions for any service performed by the
  2  member which could have been claimed by the member at the time
  3  of his or her death.  Such service shall be added to the
  4  creditable service of the member and shall be used in the
  5  calculation of any benefits which may be payable to the
  6  surviving spouse or other surviving dependent.
  7         Section 75.  Paragraphs (a), (c), and (d) of subsection
  8  (1), paragraphs (b), (c), and (e) of subsection (3), and
  9  paragraph (b) of subsection (5) of section 238.09, Florida
10  Statutes, are amended to read:
11         238.09  Method of financing.--All of the assets of the
12  retirement system shall be credited, according to the purposes
13  for which they are held, to one of four funds; namely, the
14  Annuity Savings Trust Fund, the Pension Accumulation Trust
15  Fund, the Expense Trust Fund, and the Survivors' Benefit Trust
16  Fund.
17         (1)  The Annuity Savings Trust Fund shall be a fund in
18  which shall be accumulated contributions made from the
19  salaries of members under the provisions of paragraph (c) or
20  paragraph (f). Contribution to, payments from, the Annuity
21  Savings Trust Fund shall be made as follows:
22         (a)  With respect to plan A, B, C, or D, upon the basis
23  of such tables as the division adopts Department of Management
24  Services shall adopt, and regular interest, the actuary of the
25  retirement system shall determine for each member the
26  proportion of earnable compensation which, when deducted from
27  each payment of his or her prospective earnable annual
28  compensation prior to his or her minimum service retirement
29  age, and accumulated at regular interest until such age, shall
30  be computed to provide at such age:
31
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  1         1.  An annuity equal to one one-hundred-fortieth of his
  2  or her average final compensation multiplied by the number of
  3  his or her years of membership in the case of each member
  4  electing to retire under the provisions of plan A or B.
  5         2.  An annuity equal to one one-hundred-twentieth of
  6  his or her average final compensation multiplied by the number
  7  of his or her years of membership service in the case of each
  8  member electing to retire under the provisions of plan C.
  9         3.  An annuity equal to one one-hundredth of his or her
10  average final compensation multiplied by the number of his or
11  her years of membership service in the case of each member
12  electing to retire under the provisions of plan D.
13
14  In the case of any member who has attained his or her minimum
15  service retirement age prior to becoming a member, the
16  proportion of salary applicable to such member, with respect
17  to plan A, B, C, or D, shall be the proportion computed for
18  the age 1 year younger than his or her minimum service
19  retirement age.
20         (c)  The division department shall certify to each
21  employer the proportion of the earnable compensation of each
22  member who is compensated by the employer, and the employer
23  shall cause to be deducted from the salary of each member on
24  each and every payroll for each and every payroll period an
25  amount equal to the proportion of the member's earnable
26  compensation so computed.  With respect to plan A, B, C, or D,
27  the employer shall not make any deduction for annuity purposes
28  from the compensation of a member who has attained the age of
29  60 years, if such member elects not to contribute.
30         (d)  In determining the amount earnable by a member in
31  a payroll period, the division department may consider the
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  1  rate of compensation payable to such member on the first day
  2  of the payroll period as continuing throughout such payroll
  3  period, and it may omit deductions from compensation for any
  4  period less than a full payroll period if a teacher was not a
  5  member on the first day of the payroll period, and to
  6  facilitate the making of deductions, it may modify any
  7  deduction required of any member by such an amount as shall
  8  not exceed one-tenth of 1 percent of the annual salary from
  9  which said deduction is to be made.
10         (3)  The Pension Accumulation Trust Fund shall be the
11  fund in which shall be accumulated all reserves for the
12  payment of all annuities or benefits in lieu of annuities on
13  retired members and all pensions and other benefits payable
14  from contributions made by the members and by the employers,
15  from which annuities, pensions and benefits in lieu thereof
16  shall be paid. Contributions to, and payments from, the
17  Pension Accumulation Trust Fund, other than as set forth in
18  subsections (2) and (3) herein, shall be made as follows:
19         (b)  On the basis of regular interest and of such
20  mortality and other tables as are shall be adopted by the
21  division department, the actuary engaged by the division
22  department to make each valuation required by this chapter
23  shall, during the period over which the accrued liability
24  contribution is payable, determine, immediately after making
25  such valuation, the uniform and constant percentage of the
26  earnable compensation of the average new entrant, which, if
27  contributed on the basis of his or her compensation throughout
28  his or her entire period of service, would be sufficient to
29  provide for the payment of any pension payable by the state on
30  his or her account.  The rate percent so determined shall be
31  known as the normal contribution rate.  After the accrued
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  1  liability contribution has ceased to be payable, the normal
  2  contribution rate shall be the rate percent of the earnable
  3  compensation of all members, obtained by deducting from the
  4  total liabilities of the Pension Accumulation Trust Fund the
  5  amount of the funds in hand to the credit of that fund and
  6  dividing the remainder by 1 percent of the present value of
  7  the prospective future salaries of all members as computed on
  8  the basis of the mortality and service tables adopted by the
  9  division department and on the basis of regular interest.  The
10  normal rate of contribution shall be determined and certified
11  to the division department by the actuary after each valuation
12  and shall continue in force until a new valuation and
13  certification are made.
14         (c)  Immediately succeeding the first valuation, the
15  actuary engaged by the division department shall compute the
16  rate percent of the total earnable compensation of all members
17  which is equivalent to 4 percent of the amount of the total
18  liability for pensions on account of all members and
19  beneficiaries and not dischargeable by the present assets of
20  the Pension Accumulation Trust Fund and by the aforesaid
21  normal contribution if made on account of such members during
22  the remainder of their active service.  The rate percent,
23  originally so determined, shall be known as the accrued
24  liability contribution rate.
25         (e)  The accrued liability contribution shall be
26  discontinued as soon as the accumulated reserve in the Pension
27  Accumulation Trust Fund shall equal the present value, as
28  actuarially computed and approved by the division department,
29  of the total liability of such fund less the present value,
30  computed on the basis of the normal contribution rate, then in
31
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  1  force of the prospective normal contributions to be received
  2  on account of persons who are at that time members.
  3         (5)
  4         (b)  The division department shall annually certify to
  5  each employer, at the time it makes the certification to the
  6  employer under paragraph (1)(c), the rate of
  7  twenty-five-hundredths percent to be applied by the employer
  8  to the salary of each member who is compensated by the
  9  employer, and the employer shall cause to be deducted from the
10  salary of each member on each and every payroll for each and
11  every payroll period an amount equal to twenty-five-hundredths
12  percent of the member's salary paid by the employer and the
13  employer shall remit monthly such deducted amounts to the
14  division department which shall place the same in the
15  Survivors' Benefit Trust Fund of the Teachers' Retirement
16  System of the state. The amount of contributions by a member
17  to the Survivors' Benefit Trust Fund shall, in no event, be
18  refundable to the member or his or her beneficiaries.
19         Section 76.  Section 238.10, Florida Statutes, is
20  amended to read:
21         238.10  Management of funds.--The division Department
22  of Management Services, annually, shall allow regular interest
23  on the amount for the preceding year to the credit of each of
24  the funds of the retirement system, and to the credit of the
25  individual account therein, if any, with the exception of the
26  expense fund, from the interest and dividends earned from
27  investments.
28         Section 77.  Paragraph (b) of subsection (1) and
29  subsections (2) and (3) of section 238.11, Florida Statutes,
30  are amended to read:
31         238.11  Collection of contributions.--
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  1         (1)  The collection of contributions shall be as
  2  follows:
  3         (b)  Each employer shall transmit monthly to the
  4  division Department of Management Services a warrant for the
  5  total amount of such deductions. Each employer shall also
  6  transmit monthly to the division department a warrant for such
  7  employer contribution set aside as provided for in paragraph
  8  (a) of this subsection. The division department, after making
  9  records of all such warrants, shall transmit them to the
10  Department of Banking and Finance for delivery to the
11  Treasurer of the state who shall collect them.
12         (2)  The collection of the state contribution shall be
13  made as follows:
14         (a)  The amounts required to be paid by the state into
15  the Teachers' Retirement System in this chapter shall be
16  provided therefor in the General Appropriations Act.  However,
17  in the event a sufficient amount is not included in the
18  General Appropriations Act to meet the full amount needed to
19  pay the retirement compensation provided for in this chapter,
20  the additional amount needed for such retirement compensation
21  is hereby appropriated from the General Revenue Fund as
22  approved by the division Department of Management Services.
23         (b)  The division Department of Management Services
24  shall certify one-fourth of the amount so ascertained for each
25  year to the Comptroller on or before the last day of July,
26  October, January, and April of each year.  The Comptroller
27  shall, on or before the first day of August, November,
28  February, and May of each year, draw his or her warrant or
29  warrants on the Treasurer for the respective amounts due the
30  several funds of the retirement system.  On the receipt of the
31  warrant or warrants of the Comptroller, the Treasurer shall
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  1  immediately transfer to the several funds of the retirement
  2  system the amounts due.
  3         (3)  All collection of contributions of a nonprofit
  4  professional association or corporation of teachers as
  5  referred to in s. 238.01(3) and (5) shall be made by such
  6  association or corporation in the following manner:
  7         (a)  On April 1 of each year, the division Department
  8  of Management Services shall certify to any such nonprofit
  9  professional association or corporation of teachers the
10  amounts which will become due and payable during the ensuing
11  fiscal year to each of the funds of the retirement system to
12  which such contributions are payable as set forth in this law.
13         (b)  The division Department of Management Services
14  shall certify one-fourth of the amount so ascertained for each
15  year to the nonprofit professional association or corporation
16  of teachers on or before the last day of July, October,
17  January, and April of each year.  The nonprofit professional
18  association or corporation of teachers shall, on or before the
19  first day of August, November, February, and May of each year,
20  draw its check payable to the division department for the
21  respective amounts due the several funds of the retirement
22  system. Upon receipt of the check, the division department
23  shall immediately transfer to the several funds of the
24  retirement system the amounts due, provided, however, that the
25  amounts due the several funds of the retirement system from
26  any such association or corporation for creditable service
27  accruing to any such member before July 1, 1947, shall be paid
28  prior to the retirement of any such member.
29         Section 78.  Section 238.12, Florida Statutes, is
30  amended to read:
31         238.12  Duties of employers.--
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  1         (1)  Each employer shall keep such records and, from
  2  time to time, shall furnish such information as the division
  3  requires Department of Management Services may require in the
  4  discharge of its duties.  Upon the employment of any teacher
  5  to whom this chapter may apply, the teacher shall be informed
  6  by his or her employer of his or her duties and obligations in
  7  connection with the retirement system as a condition of his or
  8  her employment.  Every teacher accepting employment shall be
  9  deemed to consent and agree to any deductions from his or her
10  compensation required in this chapter and to all other
11  provisions of this chapter.
12         (2)  During September of each year, or at such other
13  time as the division approves department shall approve, each
14  employer shall certify to the division department the names of
15  all teachers to whom this chapter applies.
16         (3)  Each employer shall, on the first day of each
17  calendar month, or at such less frequent intervals as the
18  division approves department may approve, notify the division
19  department of the employment of new teachers, removals,
20  withdrawals and changes in salary of members that have
21  occurred during the preceding month, or the period covered
22  since the last notification.
23         Section 79.  Section 238.14, Florida Statutes, is
24  amended to read:
25         238.14  Protection against fraud.--Any person who shall
26  knowingly make any false statement, or shall falsify or permit
27  to be falsified any record or records of this retirement
28  system in any attempt to defraud such system as a result of
29  such act, shall be guilty of a misdemeanor of the second
30  degree, punishable as provided in s. 775.082 or s. 775.083.
31  Should any change or error in records result in any member or
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  1  beneficiary receiving from the retirement system more or less
  2  than he or she would have been entitled to receive had the
  3  records been correct, then on discovery of any such error the
  4  division department shall correct such error, and, as far as
  5  practicable, shall adjust the payments in such a manner that
  6  the actuarial equivalent of the benefit, to which such member
  7  or beneficiary was correctly entitled, shall be paid.
  8         Section 80.  Section 238.15, Florida Statutes, is
  9  amended to read:
10         238.15  Exemption of funds from taxation, execution,
11  and assignment.--The pensions, annuities or any other benefits
12  accrued or accruing to any person under the provisions of this
13  chapter and the accumulated contributions and cash securities
14  in the funds created under this chapter are exempted from any
15  state, county or municipal tax of the state, and shall not be
16  subject to execution or attachment or to any legal process
17  whatsoever, and shall be unassignable, except:
18         (1)  That any teacher who has retired shall have the
19  right and power to authorize in writing the division
20  Department of Management Services to deduct from his or her
21  monthly retirement allowance money for the payment of the
22  premiums on group insurance for hospital, medical and surgical
23  benefits, under a plan or plans for such benefits approved in
24  writing by the Insurance Commissioner and Treasurer of the
25  state, and upon receipt of such request the division
26  department shall make the monthly payments as directed; and
27         (2)  As may be otherwise specifically provided for in
28  this chapter.
29         Section 81.  Paragraph (b) of subsection (3) of section
30  238.171, Florida Statutes, is amended to read:
31         238.171  Monthly allowance; when made.--
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  1         (3)
  2         (b)  On July 1, 1975, and each July 1 thereafter, the
  3  division Department of Management Services shall adjust the
  4  monthly allowance being paid on that said date.  The
  5  percentage of such adjustment shall be equal to the percentage
  6  change in the average cost-of-living index during the
  7  preceding 12-month period, April 1 through March 31, ignoring
  8  changes in the cost-of-living index which are greater than 3
  9  percent during the preceding fiscal year.
10         Section 82.  Paragraphs (b), (c), (d), (e), and (f) of
11  subsection (2) of section 238.181, Florida Statutes, are
12  amended to read:
13         238.181  Reemployment after retirement; conditions and
14  limitations.--
15         (2)
16         (b)  Any person to whom the limitation in paragraph (a)
17  applies who violates such reemployment limitation and who is
18  reemployed with any agency participating in the Florida
19  Retirement System before completion of the 12-month limitation
20  period shall give timely notice of this fact in writing to his
21  or her employer and to the division Department of Management
22  Services and shall have his or her retirement benefits
23  suspended for the balance of the 12-month limitation period.
24  Any person employed in violation of this paragraph and any
25  employing agency which knowingly employs or appoints such
26  person without notifying the division department to suspend
27  retirement benefits shall be jointly and severally liable for
28  reimbursement to the retirement trust fund of any benefits
29  paid during the reemployment limitation period.  To avoid
30  liability, such employing agency shall have a written
31  statement from the retiree that he or she is not retired from
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  1  a state-administered retirement system.  Any retirement
  2  benefits received while reemployed during this reemployment
  3  limitation period shall be repaid to the retirement trust
  4  fund, and retirement benefits shall remain suspended until
  5  such repayment has been made.  Benefits suspended beyond the
  6  reemployment limitation shall apply toward repayment of
  7  benefits received in violation of the reemployment limitation.
  8         (c)  A district school board may reemploy a retired
  9  member as a substitute or hourly teacher on a noncontractual
10  basis after he or she has been retired for 1 calendar month,
11  in accordance with s. 121.021(39).  Any retired member who is
12  reemployed within 1 calendar month after retirement shall void
13  his or her application for retirement benefits.  District
14  school boards reemploying such teachers are subject to the
15  retirement contribution required by paragraph (g).
16  Reemployment of a retired member as a substitute or hourly
17  teacher is limited to 780 hours during the first 12 months of
18  his or her retirement.  Any retired member reemployed for more
19  than 780 hours during his or her first 12 months of retirement
20  shall give timely notice in writing to his or her employer and
21  to the division department of the date he or she will exceed
22  the limitation.  The division department shall suspend his or
23  her retirement benefits for the remainder of his or her first
24  12 months of retirement.  Any person employed in violation of
25  this paragraph and any employing agency which knowingly
26  employs or appoints such person without notifying the division
27  department to suspend retirement benefits shall be jointly and
28  severally liable for reimbursement to the retirement trust
29  fund of any benefits paid during the reemployment limitation
30  period.  To avoid liability, such employing agency shall have
31  a written statement from the retiree that he or she is not
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  1  retired from a state-administered retirement system.  Any
  2  retirement benefits received by a retired member while
  3  reemployed in excess of 780 hours during his or her first 12
  4  months of retirement shall be repaid to the Retirement System
  5  Trust Fund, and his or her retirement benefits shall remain
  6  suspended until repayment is made.  Benefits suspended beyond
  7  the end of the retired member's first 12 months of retirement
  8  shall apply toward repayment of benefits received in violation
  9  of the 780-hour reemployment limitation.
10         (d)  A community college board of trustees may reemploy
11  a retired member as an adjunct instructor, that is, an
12  instructor who is noncontractual and part time, or as a
13  participant in a phased retirement program within a community
14  college, after he or she has been retired for 1 calendar
15  month, in accordance with s. 121.021(39).  Any retired member
16  who is reemployed within 1 calendar month after retirement
17  shall void his or her application for retirement benefits.
18  Boards of trustees reemploying such instructors are subject to
19  the retirement contribution required in paragraph (g).  A
20  retired member may be reemployed as an adjunct instructor for
21  no more than 780 hours during the first 12 months of his or
22  her retirement.  Any retired member reemployed for more than
23  780 hours during his or her first 12 months of retirement
24  shall give timely notice in writing to his or her employer and
25  to the division department of the date he or she will exceed
26  the limitation. The division department shall suspend his or
27  her retirement benefits for the remainder of his or her first
28  12 months of retirement.  Any person employed in violation of
29  this paragraph and any employing agency which knowingly
30  employs or appoints such person without notifying the division
31  department to suspend retirement benefits shall be jointly and
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  1  severally liable for reimbursement to the retirement trust
  2  fund of any benefits paid during the reemployment limitation
  3  period.  To avoid liability, such employing agency shall have
  4  a written statement from the retiree that he or she is not
  5  retired from a state-administered retirement system.  Any
  6  retirement benefits received by a retired member while
  7  reemployed in excess of 780 hours during his or her first 12
  8  months of retirement shall be repaid to the Retirement System
  9  Trust Fund, and retirement benefits shall remain suspended
10  until repayment is made. Benefits suspended beyond the end of
11  the retired member's first 12 months of retirement shall apply
12  toward repayment of benefits received in violation of the
13  780-hour reemployment limitation.
14         (e)  The Board of Trustees of the Florida School for
15  the Deaf and the Blind may reemploy a retired member as a
16  substitute teacher, substitute residential instructor, or
17  substitute nurse on a noncontractual basis after he or she has
18  been retired for 1 calendar month, in accordance with s.
19  121.021(39). Any retired member who is reemployed within 1
20  calendar month after retirement shall void his or her
21  application for retirement benefits. The Board of Trustees of
22  the Florida School for the Deaf and the Blind reemploying such
23  teachers, residential instructors, or nurses is subject to the
24  retirement contribution required by paragraph (g).
25  Reemployment of a retired member as a substitute teacher,
26  substitute residential instructor, or substitute nurse is
27  limited to 780 hours during the first 12 months of his or her
28  retirement. Any retired member reemployed for more than 780
29  hours during his or her first 12 months of retirement shall
30  give timely notice in writing to his or her employer and to
31  the division department of the date he or she will exceed the
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  1  limitation.  The division department shall suspend his or her
  2  retirement benefits for the remainder of his or her first 12
  3  months of retirement.  Any person employed in violation of
  4  this paragraph and any employing agency which knowingly
  5  employs or appoints such person without notifying the division
  6  department to suspend retirement benefits shall be jointly and
  7  severally liable for reimbursement to the retirement trust
  8  fund of any benefits paid during the reemployment limitation
  9  period.  To avoid liability, such employing agency shall have
10  a written statement from the retiree that he or she is not
11  retired from a state-administered retirement system.  Any
12  retirement benefits received by a retired member while
13  reemployed in excess of 780 hours during his or her first 12
14  months of retirement shall be repaid to the Retirement System
15  Trust Fund, and his or her retirement benefits shall remain
16  suspended until payment is made.  Benefits suspended beyond
17  the end of the retired member's first 12 months of retirement
18  shall apply toward repayment of benefits received in violation
19  of the 780-hour reemployment limitation.
20         (f)  The State University System may reemploy a retired
21  member as an adjunct faculty member or as a participant in a
22  phased retirement program within the State University System
23  after the retired member has been retired for 1 calendar
24  month, in accordance with s. 121.021(39).  Any retired member
25  who is reemployed within 1 calendar month after retirement
26  shall void his or her application for retirement benefits. The
27  State University System is subject to the retired contribution
28  required in paragraph (g), as appropriate. A retired member
29  may be reemployed as an adjunct faculty member or a
30  participant in a phased retirement program for no more than
31  780 hours during the first 12 months of his or her retirement.
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  1  Any retired member reemployed for more than 780 hours during
  2  his or her first 12 months of retirement shall give timely
  3  notice in writing to his or her employer and to the division
  4  department of the date he or she will exceed the limitation.
  5  The division department shall suspend his or her retirement
  6  benefits for the remainder of his or her first 12 months of
  7  retirement.  Any person employed in violation of this
  8  paragraph and any employing agency which knowingly employs or
  9  appoints such person without notifying the division department
10  to suspend retirement benefits shall be jointly and severally
11  liable for reimbursement to the retirement trust fund of any
12  benefits paid during the reemployment limitation period.  To
13  avoid liability, such employing agency shall have a written
14  statement from the retiree that he or she is not retired from
15  a state-administered retirement system.  Any retirement
16  benefits received by a retired member while reemployed in
17  excess of 780 hours during his or her first 12 months of
18  retirement shall be repaid to the Retirement System Trust
19  Fund, and retirement benefits shall remain suspended until
20  repayment is made.  Benefits suspended beyond the end of the
21  retired member's first 12 months of retirement shall apply
22  toward repayment of benefits received in violation of the
23  780-hour reemployment limitation.
24         Section 83.  Section 238.32, Florida Statutes, is
25  amended to read:
26         238.32  Service credit in disputed cases.--The division
27  Department of Management Services may in its discretion allow
28  or deny a member service credit in disputed or doubtful cases
29  for employment in Florida and out-of-state schools in order to
30  serve the best interests of the state and the member, subject
31  to the membership dates set forth in s. 238.06(4).
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  1         Section 84.  Subsection (4) of section 650.02, Florida
  2  Statutes, is amended to read:
  3         650.02  Definitions.--For the purpose of this chapter:
  4         (4)  The term "state agency" means the Division of
  5  Retirement of the State Board of Administration Department of
  6  Management Services.
  7         Section 85.  This act shall take effect July 1, 2000.
  8
  9            *****************************************
10                          SENATE SUMMARY
11    Transfers the Division of Retirement from the Department
      of Management Services to the State Board of
12    Administration.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
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