House Bill hb1141

    Florida House of Representatives - 2001                HB 1141

        By Representatives Justice, Stansel, Richardson, Wiles,
    Siplin, Romeo, Seiler, Henriquez and Benson





  1                      A bill to be entitled

  2         An act relating to retirement; amending s.

  3         121.021, F.S.; redefining the term "bonus," for

  4         purposes of determining compensation under the

  5         Florida Retirement System, to exclude certain

  6         payments under the Florida Mentor Teacher

  7         School Pilot Program and the Excellent Teaching

  8         Program; providing an effective date.

  9

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

11

12         Section 1.  Subsection (47) of section 121.021, Florida

13  Statutes, is amended to read:

14         121.021  Definitions.--The following words and phrases

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

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

17         (47)  "Bonus" means a payment made in addition to an

18  employee's regular or overtime salary. A bonus is usually

19  nonrecurring, does not increase the employee's base rate of

20  pay, and includes no commitment for payment in a subsequent

21  year. Such payments are not considered compensation. Effective

22  July 1, 1989, employers may not report such payments to the

23  division as salary, and may not make retirement contributions

24  on such payments.

25         (a)  A payment is a bonus if any of the following

26  circumstances apply:

27         1.  The payment is not made according to a formal

28  written policy that applies to all eligible employees equally.

29         2.  The payment commences later than the 11th year of

30  employment.

31         3.  The payment is not based on permanent eligibility.

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






    Florida House of Representatives - 2001                HB 1141

    773-102A-01






  1         4.  The payment is made less frequently than annually.

  2         (b)  Bonuses shall include, but not be limited to, the

  3  following:

  4         1.  Exit bonus or severance pay.

  5         2.  Longevity payments in conformance with the

  6  provisions of paragraph (a).

  7         3.  Salary increases granted pursuant to an employee's

  8  agreement to retire, including increases paid over several

  9  months or years prior to retirement.

10         4.  Payments for accumulated overtime or compensatory

11  time, reserve time, or holiday time worked, if not made within

12  11 months of the month in which the work was performed.

13         5.  Quality Instruction Incentives Program (QUIIP)

14  Payments, except payments made pursuant to ss. 231.700 and

15  236.08106, which shall be considered compensation pursuant to

16  subsection (22).

17         6.  Lump sum payments in recognition of employees'

18  accomplishments.

19         Section 2.  This act shall take effect July 1, 2001.

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21            *****************************************

22                          SENATE SUMMARY

23    Redefines the term "bonus," for purposes of the Florida
      Retirement System, to exclude from that definition
24    payments made under the Florida Mentor Teacher School
      Pilot Program and the Excellent Teaching Program; such
25    payments would constitute compensation for the purposes
      of calculating retirement benefits.
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CODING: Words stricken are deletions; words underlined are additions.