HOUSE AMENDMENT
                                                  Bill No. HB 1821   Barcode 562937
    Amendment No. 1 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Murman offered the following:
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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
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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
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                                                   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
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    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
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    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:
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    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
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    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:
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    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
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    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  
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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
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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
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    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
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    File original & 9 copies    04/02/01                          
    hap0008                     11:26 am         01821-0056-562937