Senate Bill 2546

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    Florida Senate - 2000                                  SB 2546

    By Senator Scott





    31-1348A-00

  1                      A bill to be entitled

  2         An act relating to the Department of Management

  3         Services; amending s. 112.362, F.S., relating

  4         to the minimum benefit adjustment; providing

  5         for a person to refuse the minimum benefit

  6         adjustment; amending s. 121.021, F.S.; revising

  7         and adding definitions; amending s. 121.051,

  8         F.S.; providing for rules relating to the

  9         submission of documents required for proper

10         application by cities and special districts for

11         Florida Retirement System participation;

12         clarifying retention of Florida Retirement

13         System membership for certain members;

14         providing for furnishing of employee

15         information upon enrollment in the Florida

16         Retirement System; amending s. 121.0515, F.S.,

17         relating to Special Risk Class membership;

18         providing for definitions; clarifying

19         provisions relating to upgrading of past

20         service to creditable service under the Special

21         Risk Class; clarifying circumstances for

22         retroactive coverage for Special Risk

23         Administrative Support Class members; amending

24         s. 121.081, F.S., relating to past service and

25         prior service; providing guidelines when less

26         than all prior service is claimed; clarifying

27         matters related to past service credit and

28         prior service credit; creating s. 121.085,

29         F.S.; relating to claiming of creditable

30         service; providing for submission of required

31         information or evidence to establish a claim;

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  1         providing a restriction with respect to

  2         unclaimed service; amending s. 121.091, F.S.,

  3         relating to retirement benefits payable under

  4         the system; providing for retention of service

  5         credit upon termination; restricting payment of

  6         retirement benefits potentially subject to

  7         forfeiture; providing for payment of retirement

  8         benefits directly to a beneficiary, rather than

  9         a trust, in certain cases; providing

10         requirements relative to payment of retirement

11         benefits; amending s. 121.121, F.S., relating

12         to authorized leaves of absence; providing that

13         leaves under the Family Medical Leave Act are

14         included in this provision; amending s. 287.16,

15         F.S.; revising duties relating to the

16         acquisition, operation, and disposal of

17         watercraft; providing legislative intent;

18         providing an effective date.

19

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

21

22         Section 1.  Subsection (7) is added to section 112.362,

23  Florida Statutes, to read:

24         112.362  Recomputation of retirement benefits.--

25         (7)  A member, or a joint annuitant or other

26  beneficiary, who is receiving a monthly benefit may refuse the

27  application of the minimum benefit adjustment to such benefit.

28         Section 2.  Subsection (54) of section 121.021, Florida

29  Statutes, is amended, and subsections (55) through (61) are

30  added to that section, to read:

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  1         121.021  Definitions.--The following words and phrases

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

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

  4         (54)  "Work year" means the period of time an employee

  5  is required to work during the plan year to receive a full

  6  year of retirement credit, as provided by rule.

  7         (55)  "Benefit" means any payment, lump sum or

  8  periodic, to a member, retiree, or beneficiary, based

  9  partially or entirely on employer contributions.

10         (56)  "Calendar month" means one of the 12 divisions of

11  a year as determined by the Gregorian calendar.

12         (57)  "Calendar year" means a period of time beginning

13  January 1 and ending on the following December 31.

14         (58)  "Leave of absence" means a leave of absence from

15  employment under the Florida Retirement System, subsequent to

16  November 30, 1970, for which retirement credit may be received

17  in accordance with s. 121.121.

18         (59)  "Payee" means a retiree or beneficiary of a

19  retiree who is receiving a retirement benefit payment.

20         (60)  "Retiree" means a former member of the Florida

21  Retirement System or an existing system who has terminated

22  employment and is receiving benefits from the system in which

23  he was a member. The term also includes a person who retired

24  and is receiving benefits under s. 112.05.

25         (61)  "Signature" means the name or mark of a person as

26  written by that person. When an "X" is used as a signature on

27  a document, the document must include the printed names and

28  addresses of two persons who witnessed the signing, or the

29  document must be notarized.

30

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  1         Section 3.  Paragraphs (b) and (f) of subsection (2)

  2  and subsection (4) of section 121.051, Florida Statutes, are

  3  amended to read:

  4         121.051  Participation in the system.--

  5         (2)  OPTIONAL PARTICIPATION.--

  6         (b)1.  The governing body of any municipality or

  7  special district in the state may elect to participate in the

  8  system upon proper application to the administrator and may

  9  cover all or any of its units as approved by the Secretary of

10  Health and Human Services and the administrator. The

11  department shall adopt rules establishing provisions for the

12  submission of documents necessary for such application. Prior

13  to being approved for participation in the Florida Retirement

14  System, the governing body of any such municipality or special

15  district that has a local retirement system shall submit to

16  the administrator a certified financial statement showing the

17  condition of the local retirement system as of a date within 3

18  months prior to the proposed effective date of membership in

19  the Florida Retirement System. The statement must be certified

20  by a recognized accounting firm that is independent of the

21  local retirement system. All required documents necessary for

22  extending Florida Retirement System coverage must be received

23  by the department for consideration at least 15 days prior to

24  the proposed effective date of coverage. If the municipality

25  or special district does not comply with this requirement, the

26  department may require that the effective date of coverage be

27  changed.

28         2.  Any city or special district that has an existing

29  retirement system covering the employees in the units that are

30  to be brought under the Florida Retirement System may

31  participate only after holding a referendum in which all

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  1  employees in the affected units have the right to participate.

  2  Only those employees electing coverage under the Florida

  3  Retirement System by affirmative vote in said referendum shall

  4  be eligible for coverage under this chapter, and those not

  5  participating or electing not to be covered by the Florida

  6  Retirement System shall remain in their present systems and

  7  shall not be eligible for coverage under this chapter. After

  8  the referendum is held, all future employees shall be

  9  compulsory members of the Florida Retirement System.

10         3.  The governing body of any city or special district

11  complying with subparagraph 1. may elect to provide, or not

12  provide, benefits based on past service of officers and

13  employees as described in s. 121.081(1). However, if such

14  employer elects to provide past service benefits, such

15  benefits must be provided for all officers and employees of

16  its covered group.

17         4.  Once this election is made and approved it may not

18  be revoked, except pursuant to subparagraphs 5. and 6., and

19  all present officers and employees electing coverage under

20  this chapter and all future officers and employees shall be

21  compulsory members of the Florida Retirement System.

22         5.  Subject to the conditions set forth in subparagraph

23  6., the governing body of any hospital licensed under chapter

24  395 which is governed by the board of a special district as

25  defined in s. 189.403(1) or by the board of trustees of a

26  public health trust created under s. 154.07, hereinafter

27  referred to as "hospital district," and which participates in

28  the system, may elect to cease participation in the system

29  with regard to future employees in accordance with the

30  following procedure:

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  1         a.  No more than 30 days and at least 7 days before

  2  adopting a resolution to partially withdraw from the Florida

  3  Retirement System and establish an alternative retirement plan

  4  for future employees, a public hearing must be held on the

  5  proposed withdrawal and proposed alternative plan.

  6         b.  From 7 to 15 days before such hearing, notice of

  7  intent to withdraw, specifying the time and place of the

  8  hearing, must be provided in writing to employees of the

  9  hospital district proposing partial withdrawal and must be

10  published in a newspaper of general circulation in the area

11  affected, as provided by ss. 50.011-50.031.  Proof of

12  publication of such notice shall be submitted to the

13  Department of Management Services.

14         c.  The governing body of any hospital district seeking

15  to partially withdraw from the system must, before such

16  hearing, have an actuarial report prepared and certified by an

17  enrolled actuary, as defined in s. 112.625(3), illustrating

18  the cost to the hospital district of providing, through the

19  retirement plan that the hospital district is to adopt,

20  benefits for new employees comparable to those provided under

21  the Florida Retirement System.

22         d.  Upon meeting all applicable requirements of this

23  subparagraph, and subject to the conditions set forth in

24  subparagraph 6., partial withdrawal from the system and

25  adoption of the alternative retirement plan may be

26  accomplished by resolution duly adopted by the hospital

27  district board.  The hospital district board must provide

28  written notice of such withdrawal to the division by mailing a

29  copy of the resolution to the division, postmarked no later

30  than December 15, 1995.  The withdrawal shall take effect

31  January 1, 1996.

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  1         6.  Following the adoption of a resolution under

  2  sub-subparagraph 5.d., all employees of the withdrawing

  3  hospital district who were participants in the Florida

  4  Retirement System prior to January 1, 1996, shall remain as

  5  participants in the system for as long as they are employees

  6  of the hospital district, and all rights, duties, and

  7  obligations between the hospital district, the system, and the

  8  employees shall remain in full force and effect. Any employee

  9  who is hired or appointed on or after January 1, 1996, may not

10  participate in the Florida Retirement System, and the

11  withdrawing hospital district shall have no obligation to the

12  system with respect to such employees.

13         (f)1.  Whenever an employer that participates in the

14  Florida Retirement System undertakes the transfer, merger, or

15  consolidation of governmental services or functions, the

16  employer must notify the department at least 60 days prior to

17  such action and shall provide documentation as required by the

18  department.

19         2.  When the agency to which a member's employing unit

20  is transferred or with which it is merged or consolidated does

21  not participate in the Florida Retirement System, the member

22  must elect in writing to remain in the Florida Retirement

23  System or to transfer to the local retirement system operated

24  by such agency. If such agency does not participate in a local

25  retirement system, the member shall continue membership in the

26  Florida Retirement System. In either case, the membership

27  shall continue for as long as the member is employed by the

28  agency to which his unit was transferred or with which it was

29  merged or consolidated.

30         (4)  INFORMATION REQUIRED.--The employer and employee

31  shall furnish the administrator with such information as he or

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  1  she may request for the proper enrollment of officers and

  2  employees in the system.

  3         Section 4.  Subsection (2), paragraph (a) of subsection

  4  (5), and paragraph (b) of subsection (7) of section 121.0515,

  5  Florida Statutes, are amended to read:

  6         121.0515  Special risk membership; criteria;

  7  designation and removal of classification; credits for past

  8  service and prior service; retention of special risk normal

  9  retirement date.--

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

11  risk member, must meet the following criteria:

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

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

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

15  police chiefs shall be excluded from meeting the certification

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

17  duties and responsibilities must include the pursuit,

18  apprehension, and arrest of law violators or suspected law

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

20  disposal unit whose primary responsibility is the location,

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

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

23  members who have such responsibilities; provided, however,

24  administrative support personnel, including, but not limited

25  to, those whose primary duties and responsibilities are in

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

27  included;

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

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

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

31  the employer or agency of state government.  In addition, the

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  1  member's duties and responsibilities must include on-the-scene

  2  fighting of fires or direct supervision of firefighting units,

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

  4  member or members who have such responsibilities; provided,

  5  however, administrative support personnel, including, but not

  6  limited to, those whose primary duties and responsibilities

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

  8  be included;

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

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

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

12  primary duties and responsibilities must be the custody, and

13  physical restraint when necessary, of prisoners or inmates

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

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

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

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

18  provided, however, administrative support personnel,

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

20  responsibilities are in accounting, purchasing, legal, and

21  personnel, shall not be included; however, correctional

22  superintendents and assistant superintendents, as defined by

23  rule, shall participate in the Special Risk Class; or

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

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

26  emergency medical technician or a paramedic and be certified

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

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

29  emergency medical care.  However, administrative support

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

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  1  responsibilities are in accounting, purchasing, legal, and

  2  personnel, shall not be included.

  3         (5)  CREDIT FOR PAST SERVICE.--A special risk member

  4  may purchase retirement credit in the Special Risk Class based

  5  upon past service, and may upgrade retirement credit for such

  6  past service, to the extent of 2 percent of the member's

  7  average monthly compensation as specified in s. 121.091(1)(a)

  8  for such service as follows:

  9         (a)  The member may purchase special risk credit for

10  past service with a city or special district that which has

11  elected to join the Florida Retirement System, or with a

12  participating agency to which a member's governmental unit was

13  transferred or with which it was merged or consolidated as

14  provided in s. 121.081(1)(f), if the member was employed with

15  the city or special district at the time it commenced

16  participating in the Florida Retirement System or with the

17  governmental unit at the time of its transfer to or merger or

18  consolidation with the participating agency.  The service must

19  satisfy the criteria set forth in subsection (2) for special

20  risk membership as a law enforcement officer, firefighter, or

21  correctional officer; however, no certificate or waiver of

22  certificate of compliance with s. 943.1395 or s. 633.35 shall

23  be required for such service.

24         (7)  RETENTION OF SPECIAL RISK NORMAL RETIREMENT

25  DATE.--

26         (b)  Upon application by a member, the provisions of

27  this subsection shall apply, with respect to such member,

28  retroactively to October 1, 1978, provided that the member was

29  removed from the Special Risk Class effective October 1, 1978,

30  due to a change in special risk criteria as a result of the

31  enactment of chapter 78-308, Laws of Florida, or was

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  1  reassigned or employed for training or career development or

  2  to fill a critical agency need.

  3         Section 5.  Subsection (2) of section 121.081, Florida

  4  Statutes, is amended to read:

  5         121.081  Past service; prior service;

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

  7  service may be claimed and credited are:

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

  9  be claimed as creditable service under the Florida Retirement

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

11  of creditable service within a period of 12 consecutive

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

13  as a participant of the optional retirement program for the

14  State University System under s. 121.35 or the Senior

15  Management Service Optional Annuity Program under s. 121.055

16  may be used to satisfy the reemployment requirement of 1

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

18  permitted to make any contributions for prior service until

19  after completion of the 1 year of creditable service. If a

20  member does not wish to claim credit for all of his or her

21  prior service, the service the member claims must be the most

22  recent period of service. The required contributions for

23  claiming the various types of prior service are:

24         (a)  For prior service performed prior to the date the

25  system becomes noncontributory for the member and for which

26  the member had credit under one of the existing retirement

27  systems and received a refund of contributions upon

28  termination of employment, the member shall contribute 4

29  percent of all salary received during the period being

30  claimed, plus 4 percent interest compounded annually from date

31  of refund until July 1, 1975, and 6.5 percent interest

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  1  compounded annually thereafter, until full payment is made to

  2  the Retirement Trust Fund, and shall receive credit in the

  3  Regular Class. A member who elected to transfer to the Florida

  4  Retirement System from an existing system may receive credit

  5  for prior service under the existing system if he or she was

  6  eligible under the existing system to claim the prior service

  7  at the time of the transfer. Contributions for such prior

  8  service shall be determined by the applicable provisions of

  9  the system under which the prior service is claimed and shall

10  be paid by the member, with matching contributions paid by the

11  employer at the time the service was performed. Effective July

12  1, 1978, the account of a person who terminated under s.

13  238.05(3) may not be charged interest for contributions that

14  remained on deposit in the Annuity Savings Trust Fund

15  established under chapter 238, upon retirement under this

16  chapter or chapter 238.

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

18  system becomes noncontributory for the member and for which

19  the member had credit under the Florida Retirement System and

20  received a refund of contributions upon termination of

21  employment, the member shall contribute at the rate that was

22  required of him or her during the period of service being

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

24  percent interest compounded annually from date of refund until

25  July 1, 1975, and 6.5 percent interest compounded annually

26  thereafter, until the full payment is made to the Retirement

27  Trust Fund, and shall receive credit in the membership class

28  in which the member participated during the period claimed.

29         (c)  For prior service as defined in s. 121.021(19)(b)

30  and (c) during which no contributions were made because the

31  member did not participate in a retirement system, the member

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  1  shall contribute 14.38 percent of all salary received during

  2  such period or 14.38 percent of $100 per month during such

  3  period, whichever is greater, plus 4 percent interest

  4  compounded annually from the first year of service claimed

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

  6  annually thereafter, until full payment is made to the

  7  Retirement Trust Fund, and shall receive credit in the Regular

  8  Class.

  9         (d)  In order to claim credit for prior service as

10  defined in s. 121.021(19)(d) for which no retirement

11  contributions were paid during the period of such service, the

12  member shall contribute the total employee and employer

13  contributions which were required to be made to the Highway

14  Patrol Pension Trust Fund, as provided in chapter 321, during

15  the period claimed, plus 4 percent interest compounded

16  annually from the first year of service until July 1, 1975,

17  and 6.5 percent interest compounded annually thereafter, until

18  full payment is made to the Retirement Trust Fund.  However,

19  any governmental entity that which employed such member may

20  elect to pay up to 50 percent of the contributions and

21  interest required to purchase this prior service credit. The

22  service shall be credited in accordance with the provisions of

23  the Highway Patrol Pension Plan in effect during the period

24  claimed unless the member terminated and withdrew his or her

25  retirement contributions and was thereafter enrolled in the

26  State and County Officers and Employees' Retirement System or

27  the Florida Retirement System, in which case the service shall

28  be credited as Regular Class service.

29         (e)  For service performed under the Florida Retirement

30  System after December 1, 1970, that was never reported to the

31  division or the department due to error, retirement credit may

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  1  be claimed by a member of the Florida Retirement System. The

  2  department shall adopt rules establishing criteria for

  3  claiming such credit and detailing the documentation required

  4  to substantiate the error.

  5         (f)  The employer may not be required to make

  6  contributions for prior service credit for any member, except

  7  that the employer shall pay the employer portion of

  8  contributions for any legislator who elects to withdraw from

  9  the Florida Retirement System and later rejoins the system and

10  pays any employee contributions required in accordance with s.

11  121.052(3)(d).

12         Section 6.  Section 121.085, Florida Statutes, is

13  created to read:

14         121.085  Creditable service.--The following provisions

15  apply to creditable service as defined in s. 121.021(17):

16         (1)  The department shall adopt rules establishing

17  procedures for the submission of evidence or information

18  necessary to establish a member's claim of creditable service.

19         (2)  No creditable service that remained unclaimed at

20  retirement may be claimed or purchased after a retirement

21  benefit payment has been cashed or deposited.

22         Section 7.  Subsection (5) of section 121.091, Florida

23  Statutes, is amended, paragraph (c) is added to subsection

24  (8), and paragraphs (e) and (f) are added to subsection (14)

25  of that section, to read:

26         121.091  Benefits payable under the system.--Benefits

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

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

29  begun participation in the Deferred Retirement Option Program

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

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

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  1  department may cancel an application for retirement benefits

  2  when the member or beneficiary fails to timely provide the

  3  information and documents required by this chapter and the

  4  department's rules. The department shall adopt rules

  5  establishing procedures for application for retirement

  6  benefits and for the cancellation of such application when the

  7  required information or documents are not received.

  8         (5)  TERMINATION BENEFITS.--A member whose employment

  9  is terminated before retirement retains membership rights to

10  previously earned member-noncontributory service credit, and

11  to member-contributory service credit if the member leaves the

12  member contributions on deposit in his or her retirement

13  account. If a terminated member receives a refund of member

14  contributions, such member may reinstate membership rights to

15  the previously earned service credit represented by the refund

16  by completing 1 year of creditable service and repaying the

17  refunded member contributions, plus interest.

18         (a)  A member whose employment is terminated for any

19  reason other than death or retirement prior to becoming vested

20  is entitled to the return of his or her accumulated

21  contributions as of the date of termination.

22         (b)  A member whose employment is terminated for any

23  reason other than death or retirement after becoming vested

24  may elect to receive a deferred monthly benefit which shall

25  begin to accrue on the first day of the month of normal or

26  early retirement and shall be payable on the last day of that

27  month and each month thereafter during his or her lifetime.

28  The amount of monthly benefit shall be computed in the same

29  manner as for a normal retirement benefit in accordance with

30  subsection (1) or early retirement benefit in accordance with

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  1  s. 121.021(30), but based on average monthly compensation and

  2  creditable service as of the date of termination.

  3         (c)  In lieu of the deferred monthly benefit provided

  4  in paragraph (b), the terminated member may elect to receive a

  5  lump-sum amount equal to his or her accumulated contributions

  6  as of the date of termination.

  7         (d)  If any retired member dies without having received

  8  in benefit payments an amount equal to his or her accumulated

  9  contributions, there shall be payable to his or her designated

10  beneficiary an amount equal to the excess, if any, of the

11  member's accumulated contributions over the total monthly

12  payments made to the member prior to the date of death.

13         (e)  A member shall be deemed a terminated member when

14  termination of employment has occurred as provided in s.

15  121.021(39).

16         (f)  Any member who has been found guilty by a verdict

17  of a jury, or by the court trying the case without a jury, of

18  committing, aiding, or abetting any embezzlement or theft from

19  his or her employer, bribery in connection with the

20  employment, or other felony specified in chapter 838, except

21  ss. 838.15 and 838.16, committed prior to retirement, or who

22  has entered a plea of guilty or of nolo contendere to such

23  crime, or any member whose employment is terminated by reason

24  of the member's admitted commitment, aiding, or abetting of an

25  embezzlement or theft from his or her employer, bribery, or

26  other felony specified in chapter 838, except ss. 838.15 and

27  838.16, shall forfeit all rights and benefits under this

28  chapter, except the return of his or her accumulated

29  contributions as of the date of termination.

30         (g)  Any elected official who is convicted by the

31  Senate of an impeachable offense shall forfeit all rights and

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  1  benefits under this chapter, except the return of his or her

  2  accumulated contributions as of the date of the conviction.

  3         (h)  Any member who, prior to retirement, is adjudged

  4  by a court of competent jurisdiction to have violated any

  5  state law against strikes by public employees, or who has been

  6  found guilty by such court of violating any state law

  7  prohibiting strikes by public employees, shall forfeit all

  8  rights and benefits under this chapter, except the return of

  9  his or her accumulated contributions as of the date of the

10  conviction.

11         (i)  Any beneficiary who by a verdict of a jury or by

12  the court trying the case without a jury is found guilty, or

13  who has entered a plea of guilty or nolo contendere, of

14  unlawfully and intentionally killing or procuring the death of

15  the member forfeits all rights to the deceased member's

16  benefits under this chapter, and the benefits will be paid as

17  if such beneficiary had predeceased the decedent.

18         (j)  Benefits may not be paid by the division pending

19  final resolution of such charges against a member or the

20  beneficiary if the resolution of such charges could require

21  the forfeiture of benefits as provided in paragraph (f),

22  paragraph (g), paragraph (h), or paragraph (i).

23         (8)  DESIGNATION OF BENEFICIARIES.--

24         (c)  Notwithstanding the member's designation of

25  benefits to be paid through a trust to a beneficiary that is a

26  natural person as provided in s. 121.021(46), and

27  notwithstanding the provisions of the trust, benefits shall be

28  paid directly to the beneficiary if such person in no longer a

29  minor or incapacitated as defined in s. 744.102(10) and (11).

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  1         (14)  PAYMENT OF BENEFITS.--This subsection applies to

  2  the payment of benefits to a payee (retiree or beneficiary)

  3  under the Florida Retirement System:

  4         (e)  A benefit may not be reduced for the purpose of

  5  preserving a member's eligibility for a federal program.

  6         (f)  The division shall adopt rules establishing

  7  procedures for determining that the persons to whom benefits

  8  are being paid are still living. The division shall suspend

  9  the benefits being paid to any payee when it is unable to

10  contact such payee and to confirm that he or she is still

11  living.

12         Section 8.  Subsection (1) of section 121.121, Florida

13  Statutes, is amended to read:

14         121.121  Authorized leaves of absence.--

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

16  2 work years of authorized leaves of absence, including any

17  leaves of absence under the Family Medical Leave Act, if:

18         (a)  The member has completed a minimum of 10 years of

19  creditable service, excluding periods for which a leave of

20  absence was authorized;

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

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

23         (c)  The member returns to active employment performing

24  service with a Florida Retirement System employer in a

25  regularly established position immediately upon termination of

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

27  1 calendar month, except that a member who retires on

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

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

30  less than 12 months and whose leave of absence terminates

31  between school years is eligible to receive credit for the

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

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

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

  4  calendar month; and

  5         (d)  The member makes the required contributions for

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

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

  8  or her rate of monthly compensation in effect immediately

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

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

11  percent interest thereafter on such contributions, compounded

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

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

14  purchased pursuant to this section shall be at the

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

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

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

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

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

20  the regular membership class, may pay the appropriate

21  additional contributions plus compound interest thereon and

22  receive creditable service for such leave of absence in the

23  membership class from which the member was granted the leave

24  of absence.

25         Section 9.  Subsections (2) and (6) of section 287.16,

26  Florida Statutes, are amended to read:

27         287.16  Powers and duties of department.--The

28  Department of Management Services shall have the following

29  powers, duties, and responsibilities:

30         (2)  To establish and operate central facilities for

31  the acquisition, disposal, operation, maintenance, repair,

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  1  storage, supervision, control, and regulation of all

  2  state-owned or state-leased aircraft, watercraft, and motor

  3  vehicles and to operate any state facilities for those

  4  purposes.  Acquisition may be by purchase, lease, loan, or in

  5  any other legal manner.

  6         (6)  To adopt and enforce rules and regulations for the

  7  efficient and safe use, operation, maintenance, repair,

  8  disposal, and replacement of all state-owned or state-leased

  9  aircraft, watercraft, and motor vehicles and to require the

10  placement of appropriate stickers, decals, or other markings

11  upon them the aircraft and motor vehicles of the state.  The

12  department may delegate to the respective heads of the

13  agencies to which aircraft, watercraft, and motor vehicles are

14  assigned the duty of enforcing the rules and regulations

15  adopted by the department.

16         Section 10.  It is the intent of the Legislature that

17  the amendments of sections 112.362, 121.021, 121.051,

18  121.0515, 121.081, 121.091, 121.121, and 287.16, Florida

19  Statutes, made by this act are supplemental to other

20  amendments to those sections which may be enacted at the 2000

21  Regular Session of the Legislature, unless a contrary intent

22  is specifically indicated in this act or in such other

23  amendments.

24         Section 11.  This act shall take effect July 1, 2000.

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  2                          SENATE SUMMARY

  3    Revises varied provisions of law relating to duties and
      functions of the Department of Management services.
  4    Provides powers and rights of members of the Florida
      Retirement System and persons whose employer
  5    disassociates from that system. Provides for continuation
      of membership and for credit for past service. Defines
  6    terms for purposes of the system. Revises duties of the
      department with respect to state aircraft, watercraft,
  7    and motor vehicles. (See bill for details.)

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