HOUSE AMENDMENT
                                                  Bill No. HB 1821   Barcode 562937
    Amendment No. 1 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Representative(s) Murman offered the following:
12  
13         Amendment (with title amendment) 
14         On page 15, line 1 through page 15, line 24
15  remove from the bill:  all of said lines
16  
17  and insert in lieu thereof:  
18         121.35  Optional retirement program for the State
19  University System.--
20         (4)  CONTRIBUTIONS.--
21         (a)  Through June 30, 2001, each employer shall
22  contribute on behalf of each participant in the optional
23  retirement program an amount equal to the normal cost portion
24  of the employer retirement contribution which would be
25  required if the participant  were a regular member of the
26  Florida Retirement System defined benefit program, plus the
27  portion of the contribution rate required in s. 112.363(8)
28  that would otherwise be assigned to the Retiree Health
29  Insurance Subsidy Trust Fund.  Effective July 1, 2001, each
30  employer shall contribute on behalf of each participant in the
31  optional program an amount equal to 10.43 percent of the
                                  1
    File original & 9 copies    04/02/01                          
    hap0008                     11:26 am         01821-0056-562937

HOUSE AMENDMENT Bill No. HB 1821 Barcode 562937 Amendment No. 1 (for drafter's use only) 1 participant's gross monthly compensation. The department 2 shall deduct, less an amount approved by the Legislature which 3 shall be deducted by the department to provide for the 4 administration of this program. The payment of the 5 contributions to the optional program which is required by 6 this paragraph for each participant shall be made by the 7 employer to the department, which shall forward the 8 contributions to the designated company or companies 9 contracting for payment of benefits for the participant under 10 the program. However, such contributions paid on behalf of an 11 employee described in paragraph (3)(c) shall not be forwarded 12 to a company and shall not begin to accrue interest until the 13 employee has executed an annuity contract and notified the 14 department. 15 Section 6. Paragraph (c) of subsection (2) of section 16 121.051, Florida Statutes, is amended to read: 17 121.051 Participation in the system.-- 18 (2) OPTIONAL PARTICIPATION.-- 19 (c) Employees of members of the Florida Community 20 College System or charter technical career centers sponsored 21 by members of the Florida Community College System, as 22 designated in s. 240.3031, who are members of the Regular 23 Class of the Florida Retirement System and who comply with the 24 criteria set forth in this paragraph and in s. 240.3195 may 25 elect, in lieu of participating in the Florida Retirement 26 System, to withdraw from the Florida Retirement System 27 altogether and participate in a lifetime monthly annuity 28 program, to be known as the State Community College System 29 Optional Retirement Program, which may be provided by the 30 employing agency under s. 240.3195. Pursuant thereto: 31 1. Through June 30, 2001, the cost to the employer for 2 File original & 9 copies 04/02/01 hap0008 11:26 am 01821-0056-562937
HOUSE AMENDMENT Bill No. HB 1821 Barcode 562937 Amendment No. 1 (for drafter's use only) 1 such annuity shall equal the normal cost portion of the 2 employer retirement contribution which would be required if 3 the employee were a member of the Regular Class defined 4 benefit program, plus the portion of the contribution rate 5 required by s. 112.363(8) that would otherwise be assigned to 6 the Retiree Health Insurance Subsidy Trust Fund. Effective 7 July 1, 2001, each employer shall contribute on behalf of each 8 participant in the optional program an amount equal to 10.43 9 percent of the participant's gross monthly compensation. The 10 employer shall deduct, and less an amount approved by the 11 employer to provide for the administration of the optional 12 retirement program. The employer providing such annuity shall 13 contribute an additional amount to the Florida Retirement 14 System Trust Fund equal to the unfunded actuarial accrued 15 liability portion of the Regular Class contribution rate. 16 2. The decision to participate in such an optional 17 retirement program shall be irrevocable for as long as the 18 employee holds a position eligible for participation. Any 19 service creditable under the Florida Retirement System shall 20 be retained after the member withdraws from the Florida 21 Retirement System; however, additional service credit in the 22 Florida Retirement System shall not be earned while a member 23 of the optional retirement program. 24 3. Participation in an optional annuity program shall 25 be limited to those employees who satisfy the following 26 eligibility criteria: 27 a. The employee must be otherwise eligible for 28 membership in the Regular Class of the Florida Retirement 29 System, as provided in s. 121.021(11) and (12). 30 b. The employee must be employed in a full-time 31 position classified in the Accounting Manual for Florida's 3 File original & 9 copies 04/02/01 hap0008 11:26 am 01821-0056-562937
HOUSE AMENDMENT Bill No. HB 1821 Barcode 562937 Amendment No. 1 (for drafter's use only) 1 Public Community Colleges as: 2 (I) Instructional; or 3 (II) Executive Management, Instructional Management, 4 or Institutional Management, if a community college determines 5 that recruiting to fill a vacancy in the position is to be 6 conducted in the national or regional market, and: 7 (A) The duties and responsibilities of the position 8 include either the formulation, interpretation, or 9 implementation of policies; or 10 (B) The duties and responsibilities of the position 11 include the performance of functions that are unique or 12 specialized within higher education and that frequently 13 involve the support of the mission of the community college. 14 c. The employee must be employed in a position not 15 included in the Senior Management Service Class of the Florida 16 Retirement System, as described in s. 121.055. 17 4. Participants in the program are subject to the same 18 reemployment limitations, renewed membership provisions, and 19 forfeiture provisions as are applicable to regular members of 20 the Florida Retirement System under ss. 121.091(9), 121.122, 21 and 121.091(5), respectively. 22 5. Eligible community college employees shall be 23 compulsory members of the Florida Retirement System until, 24 pursuant to the procedures set forth in s. 240.3195, the first 25 day of the next full calendar month following the filing of 26 both a written election to withdraw and a completed 27 application for an individual contract or certificate with the 28 program administrator and receipt of such election by the 29 division. 30 Section 7. Paragraph (d) of subsection (6) of section 31 121.055, Florida Statutes, is amended to read: 4 File original & 9 copies 04/02/01 hap0008 11:26 am 01821-0056-562937
HOUSE AMENDMENT Bill No. HB 1821 Barcode 562937 Amendment No. 1 (for drafter's use only) 1 121.055 Senior Management Service Class.--There is 2 hereby established a separate class of membership within the 3 Florida Retirement System to be known as the "Senior 4 Management Service Class," which shall become effective 5 February 1, 1987. 6 (6) 7 (d) Contributions.-- 8 1. Through June 30, 2001, each employer shall 9 contribute on behalf of each participant in the Senior 10 Management Service Optional Annuity Program an amount equal to 11 the normal cost portion of the employer retirement 12 contribution which would be required if the participant were a 13 Senior Management Service Class member of the Florida 14 Retirement System defined benefit program, plus the portion of 15 the contribution rate required in s. 112.363(8) that would 16 otherwise be assigned to the Retiree Health Insurance Subsidy 17 Trust Fund. Effective July 1, 2001, each employer shall 18 contribute on behalf of each participant in the optional 19 program an amount equal to 12.49 percent of the participant's 20 gross monthly compensation. The department shall deduct, less 21 an amount approved by the Legislature which shall be deducted 22 by the department to provide for the administration of this 23 program. The payment of the contributions to the optional 24 program which is required by this subparagraph for each 25 participant shall be made by the employer to the department, 26 which shall forward the contributions to the designated 27 company or companies contracting for payment of benefits for 28 the participant under 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 5 File original & 9 copies 04/02/01 hap0008 11:26 am 01821-0056-562937
HOUSE AMENDMENT Bill No. HB 1821 Barcode 562937 Amendment No. 1 (for drafter's use only) 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 department for transfer to the Florida Retirement 5 System Trust Fund. 6 3. An Optional Annuity Program Trust Fund shall be 7 established in the State Treasury and administered by the 8 department to make payments to provider companies on behalf of 9 the optional annuity program participants, and to transfer the 10 unfunded liability portion of the state optional annuity 11 program contributions to the Florida Retirement System Trust 12 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 department, which shall forward 27 the contributions to the designated company or companies 28 contracting for payment of benefits for the participant under 29 the program. 30 Section 8. Paragraph (a) of subsection (4) of section 31 240.3195, Florida Statutes, is amended to read: 6 File original & 9 copies 04/02/01 hap0008 11:26 am 01821-0056-562937
HOUSE AMENDMENT Bill No. HB 1821 Barcode 562937 Amendment No. 1 (for drafter's use only) 1 240.3195 State Community College System Optional 2 Retirement Program.--Each community college may implement an 3 optional retirement program, if such program is established 4 therefor pursuant to s. 240.319(4)(r), under which annuity 5 contracts providing retirement and death benefits may be 6 purchased by, and on behalf of, eligible employees who 7 participate in the program. Except as otherwise provided 8 herein, this retirement program, which shall be known as the 9 State Community College System Optional Retirement Program, 10 may be implemented and administered only by an individual 11 community college or by a consortium of community colleges. 12 (4)(a) Through June 30, 2001, each college must 13 contribute on behalf of each program participant an amount 14 equal to the normal cost portion of the employer retirement 15 contribution which would be required if the program 16 participant were a member of the Regular Class of the Florida 17 Retirement System as provided in s. 121.071, plus the portion 18 of the contribution rate required in s. 112.363(8) that would 19 otherwise be assigned to the Retiree Health Insurance Subsidy 20 Trust Fund Effective July 1, 2001, each college must 21 contribute on behalf of each program participant an amount 22 equal to 10.43 percent of the participant's gross monthly 23 compensation. The college shall deduct, and less an amount 24 approved by the community college to provide for the 25 administration of the optional retirement program. Payment of 26 this contribution must be made either directly by the 27 community college or through the program administrator to the 28 designated company contracting for payment of benefits to the 29 program participant. 30 (b) Each community college must contribute on behalf 31 of each program participant an amount equal to the unfunded 7 File original & 9 copies 04/02/01 hap0008 11:26 am 01821-0056-562937
HOUSE AMENDMENT Bill No. HB 1821 Barcode 562937 Amendment No. 1 (for drafter's use only) 1 actuarial accrued liability portion of the employer 2 contribution which would be required if the program 3 participant were a member of the Regular Class of the Florida 4 Retirement System. Payment of this contribution must be made 5 directly by the college to the department for deposit in the 6 Florida Retirement System Trust Fund. 7 (c) Each program participant who has executed an 8 annuity contract may contribute by way of salary reduction or 9 deduction a percentage of the program participant's gross 10 compensation, but this percentage may not exceed the 11 corresponding percentage contributed by the community college 12 to the optional retirement program. Payment of this 13 contribution may be made either directly by the college or 14 through the program administrator to the designated company 15 contracting for payment of benefits to the program 16 participant. 17 (d) Contributions to an optional retirement program by 18 a college or a program participant are in addition to, and 19 have no effect upon, contributions required now or in future 20 by the federal Social Security Act. 21 22 23 ================ T I T L E A M E N D M E N T =============== 24 And the title is amended as follows: 25 On page l, lines 6 through 9, 26 remove from the title of the bill: all of said lines 27 28 and insert in lieu thereof: 29 subclasses; amending ss. 121.35, 121.051, 30 121.055, and 240.3195, F.S.; changing employer 31 contribution rates for participants in the 8 File original & 9 copies 04/02/01 hap0008 11:26 am 01821-0056-562937
HOUSE AMENDMENT Bill No. HB 1821 Barcode 562937 Amendment No. 1 (for drafter's use only) 1 State University System optional retirement 2 program, the Community College optional 3 retirement program, and the Senior Management 4 Service optional annuity program; providing 5 legislative intent 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 File original & 9 copies 04/02/01 hap0008 11:26 am 01821-0056-562937