House Bill hb1821

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    Florida House of Representatives - 2001                HB 1821

        By the Fiscal Responsibility Council and Representatives
    Murman, Byrd, Ball, Bense, Cantens, Alexander, Maygarden,
    Dockery, Greenstein, Kosmas, Crow, Kendrick, Gottlieb, Ryan,
    Lynn and Attkisson



  1                      A bill to be entitled

  2         An act relating to state retirement

  3         contributions; amending ss. 121.052, 121.055,

  4         121.071, and 121.40, F.S.; changing

  5         contribution rates for specified classes and

  6         subclasses; amending s. 121.35, F.S.; changing

  7         contribution rates for participants in the

  8         optional retirement program of the State

  9         University System; providing legislative

10         intent; recognizing excess actuarial assets to

11         fund costs and rate reductions; reducing

12         certain contribution rates; repealing

13         subsection (2) of s. 20 of ch. 2000-169, Laws

14         of Florida, relating to increasing

15         contributions rates; providing a finding of

16         important state interest; providing an

17         effective date.

18

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

20

21         Section 1.  Paragraph (a) of subsection (7) of section

22  121.052, Florida Statutes, is amended to read:

23         121.052  Membership class of elected officers.--

24         (7)  CONTRIBUTIONS.--

25         (a)  The following table states the required retirement

26  contribution rates for members of the Elected Officers' Class

27  and their employers in terms of a percentage of the member's

28  gross compensation. A change in a contribution rate is

29  effective with the first salary paid on or after the beginning

30  date of the change. Contributions shall be made or deducted as

31  may be appropriate for each pay period and are in addition to

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  1  the contributions required for social security and the Retiree

  2  Health Insurance Subsidy Trust Fund.

  3

  4  Dates of Contribution

  5    Rate Changes                             Members   Employers

  6

  7  July 1, 1972, through September 30, 1977

  8    Legislators                                 8%           8%

  9    All Other Members                           8%           8%

10

11  October 1, 1977, through September 30, 1978

12    Legislators                                 8%           8%

13    All Other Members                           4%          12%

14

15  October 1, 1978, through September 30, 1979

16    Legislators                                 8%       10.57%

17    All Other Members                           4%       16.78%

18

19  October 1, 1979, through September 30, 1981

20    Legislators                                 8%       10.57%

21    Governor, Lt. Governor, Cabinet

22      Officers                                  4%       16.78%

23    All Other Members                           0%       20.78%

24

25  July 1, 1981, through June 30, 1984

26    County Elected Officers                     0%       19.30%

27

28  July 1, 1984, through September 30, 1984

29    County Elected Officers                     0%       20.25%

30

31  October 1, 1981, through September 30, 1984

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  1    Legislators                                 0%       19.30%

  2    Governor, Lt. Governor, Cabinet

  3      Officers                                  0%       21.03%

  4    State Attorneys, Public Defenders           0%       20.95%

  5    Justices, Judges                            0%       22.55%

  6

  7  October 1, 1984, through September 30, 1986

  8    Legislators                                 0%       10.98%

  9    Governor, Lt. Governor, Cabinet

10      Officers                                  0%       10.98%

11    State Attorneys, Public Defenders           0%       10.98%

12    Justices, Judges                            0%       21.79%

13    County Elected Officers                     0%       16.97%

14

15  October 1, 1986, through December 31, 1988

16    Legislators                                 0%       11.50%

17    Governor, Lt. Governor, Cabinet

18      Officers                                  0%       11.50%

19    State Attorneys, Public Defenders           0%       11.50%

20    Justices, Judges                            0%       20.94%

21    County Elected Officers                     0%       17.19%

22

23  January 1, 1989, through December 31, 1989

24    Legislators                                 0%       13.70%

25    Governor, Lt. Governor, Cabinet

26      Officers                                  0%       13.70%

27    State Attorneys, Public Defenders           0%       13.70%

28    Justices, Judges                            0%       22.58%

29    County Elected Officers                     0%       18.44%

30

31  January 1, 1990, through December 31, 1990

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  1    Legislators                                 0%       15.91%

  2    Governor, Lt. Governor, Cabinet

  3      Officers                                  0%       15.91%

  4    State Attorneys, Public Defenders           0%       15.91%

  5    Justices, Judges                            0%       24.22%

  6    County Elected Officers                     0%       19.71%

  7

  8  January 1, 1991, through December 31, 1991

  9    Legislators                                 0%       17.73%

10    Governor, Lt. Governor, Cabinet

11      Officers                                  0%       17.73%

12    State Attorneys, Public Defenders           0%       17.73%

13    Justices, Judges                            0%       26.63%

14    County Elected Officers                     0%       23.32%

15

16  January 1, 1992, through December 31, 1992

17    Legislators                                 0%       19.94%

18    Governor, Lt. Governor, Cabinet

19      Officers                                  0%       19.94%

20    State Attorneys, Public Defenders           0%       19.94%

21    Justices, Judges                            0%       28.27%

22    County Elected Officers                     0%       24.59%

23

24  January 1, 1993, through December 31, 1993

25    Legislators                                 0%       22.14%

26    Governor, Lt. Governor, Cabinet

27      Officers                                  0%       22.14%

28    State Attorneys, Public Defenders           0%       22.14%

29    Justices, Judges                            0%       29.91%

30    County Elected Officers                     0%       25.84%

31

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  1  January 1, 1994, through December 31, 1994

  2    Legislators                                 0%       22.65%

  3    Governor, Lt. Governor, Cabinet

  4      Officers                                  0%       22.65%

  5    State Attorneys, Public Defenders           0%       22.65%

  6    Justices, Judges                            0%       30.52%

  7    County Elected Officers                     0%       26.07%

  8

  9  January 1, 1995, through December 31, 1995

10    Legislators                                 0%       22.80%

11    Governor, Lt. Governor, Cabinet

12      Officers                                  0%       22.80%

13    State Attorneys, Public Defenders           0%       22.80%

14    Justices, Judges                            0%       30.21%

15    County Elected Officers                     0%       27.48%

16

17  January 1, 1996, through June 30, 1996

18    Legislators                                 0%       22.90%

19    Governor, Lt. Governor, Cabinet

20      Officers                                  0%       22.90%

21    State Attorneys, Public Defenders           0%       22.90%

22    Justices, Judges                            0%       30.15%

23    County Elected Officers                     0%       27.54%

24

25  July 1, 1996, through June 30, 1998

26    Legislators                                 0%       23.07%

27    Governor, Lt. Governor, Cabinet

28      Officers                                  0%       23.07%

29    State Attorneys, Public Defenders           0%       23.07%

30    Justices, Judges                            0%       29.55%

31    County Elected Officers                     0%       27.33%

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  1

  2  July 1, 1998, through June 30, 1999

  3    Legislators                                 0%       22.33%

  4    Governor, Lt. Governor, Cabinet

  5      Officers                                  0%       22.33%

  6    State Attorneys, Public Defenders           0%       22.33%

  7    Justices, Judges                            0%       27.21%

  8    County Elected Officers                     0%       26.99%

  9

10  Effective July 1, 1999, through

11    June 30, 2001

12    Legislators                                 0%       14.31%

13    Governor, Lt. Governor, Cabinet

14      Officers                                  0%       14.31%

15    State Attorneys, Public Defenders           0%       14.31%

16    Justices, Judges                            0%       20.48%

17    County Elected Officers                     0%       17.05%

18

19  Effective July 1, 2001

20    Legislators                                 0%       15.14%

21    Governor, Lt. Governor, Cabinet

22      Officers                                  0%       15.14%

23    State Attorneys, Public Defenders           0%       15.14%

24    Justices, Judges                            0%       20.61%

25    County Elected Officers                     0%       17.61%

26

27         Section 2.  Paragraph (a) of subsection (3) of section

28  121.055, Florida Statutes, is amended to read:

29         121.055  Senior Management Service Class.--There is

30  hereby established a separate class of membership within the

31  Florida Retirement System to be known as the "Senior

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  1  Management Service Class," which shall become effective

  2  February 1, 1987.

  3         (3)(a)  The following table states the required

  4  retirement contribution rates for members of the Senior

  5  Management Service Class and their employers in terms of a

  6  percentage of the member's gross compensation. A change in the

  7  contribution rate is effective with the first salary paid on

  8  or after the beginning date of the change.  Contributions

  9  shall be made for each pay period and are in addition to the

10  contributions required for social security and the Retiree

11  Health Insurance Subsidy Trust Fund.

12

13  Dates of Contribution

14    Rate Changes                          Members   Employers

15

16  February 1, 1987, through

17    December 31, 1988                       0%       13.88%

18  January 1, 1989, through

19    December 31, 1989                       0%       14.95%

20  January 1, 1990, through

21    December 31, 1990                       0%       16.04%

22  January 1, 1991, through

23    December 31, 1991                       0%       18.39%

24  January 1, 1992, through

25    December 31, 1992                       0%       19.48%

26  January 1, 1993, through

27    December 31, 1993                       0%       20.55%

28  January 1, 1994, through

29    December 31, 1994                       0%       23.07%

30  January 1, 1995, through

31    December 31, 1995                       0%       23.88%

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  1  January 1, 1996, through

  2    June 30, 1996                           0%       24.14%

  3  July 1, 1996, through

  4    June 30, 1998                           0%       21.58%

  5  July 1, 1998, through

  6    June 30, 1999                           0%       23.10%

  7  Effective July 1, 1999, through

  8    June 30, 2001                           0%       11.19%

  9  Effective July 1, 2001                    0%       11.73%

10

11         Section 3.  Subsection (1) of section 121.071, Florida

12  Statutes, is amended to read:

13         121.071  Contributions.--Contributions to the system

14  shall be made as follows:

15         (1)  The following tables state the required retirement

16  contribution rates for members of the Regular Class, Special

17  Risk Class, or Special Risk Administrative Support Class and

18  their employers in terms of a percentage of the member's gross

19  compensation.  A change in a contribution rate is effective

20  with the first salary paid on or after the beginning date of

21  the change. Contributions shall be made or deducted as may be

22  appropriate for each pay period and are in addition to the

23  contributions required for social security and the Retiree

24  Health Insurance Subsidy Trust Fund.

25         (a)  Retirement contributions for regular members are

26  as follows:

27

28  Dates of Contribution

29    Rate Changes                             Members   Employers

30

31

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  1

  2  December 1, 1970, through December

  3    31, 1974, for state agencies, state

  4    universities, community colleges,

  5    and district school boards                  4%           4%

  6

  7  December 1, 1970, through September

  8    30, 1975, for all other local

  9    government agencies                         4%           4%

10

11  January 1, 1975, through September

12    30, 1978, for state agencies and

13    state universities                          0%           9%

14

15  January 1, 1975, through July 31,

16    1978, for community colleges and

17    district school boards                      0%           9%

18

19  October 1, 1975, through September

20    30, 1978, for all other local

21    government agencies                         0%           9%

22

23  August 1, 1978, through September 30,

24    1981, for community colleges and

25    district school boards                      0%         9.1%

26

27  October 1, 1978, through September

28    30, 1981, for all other agencies            0%         9.1%

29

30  October 1, 1981, through

31    September 30, 1984                          0%       10.93%

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  1  October 1, 1984, through

  2    September 30, 1986                          0%       12.24%

  3  October 1, 1986, through

  4    December 31, 1988                           0%       13.14%

  5  January 1, 1989, through

  6    December 31, 1989                           0%       13.90%

  7  January 1, 1990, through

  8    December 31, 1990                           0%       14.66%

  9  January 1, 1991, through

10    December 31, 1991                           0%       15.72%

11  January 1, 1992, through

12    December 31, 1992                           0%       16.51%

13  January 1, 1993, through

14    December 31, 1993                           0%       17.27%

15  January 1, 1994, through

16    December 31, 1994                           0%       17.10%

17  January 1, 1995, through

18    December 31, 1995                           0%       16.91%

19  January 1, 1996, through

20    June 30, 1996                               0%       17.00%

21  July 1, 1996, through

22    June 30, 1998                               0%       16.77%

23  July 1, 1998, through

24    June 30, 1999                               0%       15.51%

25  Effective July 1, 1999, through

26    June 30, 2001                               0%        9.21%

27  Effective July 1, 2001                        0%        9.91%

28

29         (b)  Retirement contributions for special risk members

30  are as follows:

31

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  1  Dates of Contribution

  2    Rate Changes                             Members   Employers

  3

  4  December 1, 1970, through

  5    September 30, 1974                          6%           6%

  6

  7  October 1, 1974, through December 31,

  8    1974, for state agencies, state

  9    universities, community colleges,

10    and district school boards                  8%           8%

11

12  October 1, 1974, through September

13    30, 1975, for all other local

14    government agencies                         8%           8%

15

16  January 1, 1975, through September

17    30, 1978, for state agencies, state

18    universities, community colleges,

19    and district school boards                  0%          13%

20

21  October 1, 1975, through September

22    30, 1978, for other local

23    government agencies                         0%          13%

24

25  October 1, 1978, through

26    September 30, 1981                          0%       13.95%

27  October 1, 1981, through

28    September 30, 1984                          0%       13.91%

29  October 1, 1984, through

30    September 30, 1986                          0%       14.67%

31  October 1, 1986, through

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  1    December 31, 1988                           0%       15.11%

  2  January 1, 1989, through

  3    December 31, 1989                           0%       17.50%

  4  January 1, 1990, through

  5    December 31, 1990                           0%       19.90%

  6  January 1, 1991, through

  7    December 31, 1991                           0%       25.52%

  8  January 1, 1992, through

  9    December 31, 1992                           0%       26.35%

10  January 1, 1993, through

11    December 31, 1993                           0%       27.14%

12  January 1, 1994, through

13    December 31, 1994                           0%       27.03%

14  January 1, 1995, through

15    December 31, 1995                           0%       26.83%

16  January 1, 1996, through

17    June 30, 1996                               0%       26.84%

18  July 1, 1996, through

19    June 30, 1998                               0%       26.44%

20  July 1, 1998, through

21    June 30, 1999                               0%       24.38%

22  July 1, 1999, through

23    June 30, 2000                               0%       20.22%

24  Effective July 1, 2000, through

25    June 30, 2001                               0%       20.35%

26  Effective July 1, 2001                        0%       22.07%

27

28         (c)  Retirement contributions for special risk

29  administrative support members are as follows:

30

31

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  1  Dates of Contribution

  2    Rate Changes                             Members   Employers

  3

  4  July 1, 1982, through

  5    September 30, 1984                          0%       11.14%

  6  October 1, 1984, through

  7    September 30, 1986                          0%       13.09%

  8  October 1, 1986, through

  9    December 31, 1988                           0%       15.44%

10  January 1, 1989, through

11    December 31, 1989                           0%       14.76%

12  January 1, 1990, through

13    December 31, 1990                           0%       14.09%

14  January 1, 1991, through

15    December 31, 1991                           0%       20.16%

16  January 1, 1992, through

17    December 31, 1992                           0%       19.51%

18  January 1, 1993, through

19    December 31, 1993                           0%       18.83%

20  January 1, 1994, through

21    December 31, 1994                           0%       18.59%

22  January 1, 1995, through

23    December 31, 1995                           0%       17.81%

24  January 1, 1996, through

25    June 30, 1996                               0%       17.80%

26  July 1, 1996, through

27    June 30, 1998                               0%       17.20%

28  July 1, 1998, through

29    June 30, 1999                               0%       14.64%

30  July 1, 1999, through

31    June 30, 2000                               0%       11.53%

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  1  Effective July 1, 2000, through

  2    June 30, 2001                               0%       11.74%

  3  Effective July 1, 2001                        0%       12.55%

  4

  5         Section 4.  Paragraph (b) of subsection (12) of section

  6  121.40, Florida Statutes, is amended to read:

  7         121.40  Cooperative extension personnel at the

  8  Institute of Food and Agricultural Sciences; supplemental

  9  retirement benefits.--

10         (12)  CONTRIBUTIONS.--

11         (b)  The monthly contributions required to be paid

12  pursuant to paragraph (a) on the gross monthly salaries, from

13  all sources with respect to such employment, paid to those

14  employees of the institute who hold both state and federal

15  appointments and who participate in the federal Civil Service

16  Retirement System shall be as follows:

17

18  Dates of Contribution                              Percentage

19    Rate Changes                                        Due

20

21  July 1, 1985, through December 31, 1988              6.68%

22  January 1, 1989, through December 31, 1993           6.35%

23  January 1, 1994, through December 31, 1994           6.69%

24  January 1, 1995, through June 30, 1996               6.82%

25  July 1, 1996, through June 30, 1998                  5.64%

26  Effective July 1, 1998, through

27    June 30, 2001                                      7.17%

28  Effective July 1, 2001                               6.96%

29

30         Section 5.  Paragraph (a) of subsection (4) of section

31  121.35, Florida Statutes, is amended to read:

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  1         121.35  Optional retirement program for the State

  2  University System.--

  3         (4)  CONTRIBUTIONS.--

  4         (a)  Each employer shall contribute on behalf of each

  5  participant in the optional retirement program an amount equal

  6  to 10.43 percent of the participant's gross monthly salary the

  7  normal cost portion of the employer retirement contribution

  8  which would be required if the participant were a regular

  9  member of the Florida Retirement System, plus the portion of

10  the contribution rate required in s. 112.363(8) that would

11  otherwise be assigned to the Retiree Health Insurance Subsidy

12  Trust Fund, less an amount approved by the Legislature which

13  shall be deducted by the department to provide for the

14  administration of this program. The payment of the

15  contributions to the optional program which is required by

16  this paragraph for each participant shall be made by the

17  employer to the 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  department.

25         Section 6.  (1)  It is the intent of the Legislature

26  that the normal costs attributable to the 1999 actuarial

27  experience study and the 2000 actuarial valuation study of the

28  Florida Retirement System defined benefit retirement program

29  conducted by Milliman & Robertson, Inc., consulting actuaries

30  for the system, shall be funded by recognition of a lump sum

31  from the excess actuarial assets of the Florida Retirement

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  1  System Trust Fund.  For fiscal year 2001-2002, the lump sum to

  2  be recognized shall be the annual cost attributable to the

  3  1999 actuarial experience study and the 2000 actuarial

  4  valuation.

  5         (2)  Effective July 1, 2001, for fiscal year 2001-2002

  6  only, the contribution rates set forth in sections 1 through 3

  7  of this act shall be reduced as follows:

  8         (a)  The contribution rate that applies to the Regular

  9  Class of the Florida Retirement System defined benefit program

10  shall be reduced by 0.70 percentage points.

11         (b)  The contribution rate that applies to the Special

12  Risk Class of the Florida Retirement System defined benefit

13  program shall be reduced by 1.72 percentage points.

14         (c)  The contribution rate that applies to the Special

15  Risk Administrative Support Class of the Florida Retirement

16  System defined benefit program shall be reduced by 0.81

17  percentage points.

18         (d)  The contribution rate that applies to the Judicial

19  subclass of the Elected Officers' Class of the Florida

20  Retirement System defined benefit program shall be reduced by

21  0.14 percentage points.

22         (e)  The contribution rate that applies to the

23  legislative-attorney-Cabinet subclass of the Elected Officers'

24  Class of the Florida Retirement System defined benefit program

25  shall be reduced by 0.83 percentage points.

26         (f)  The contribution rate that applies to the County

27  Officers' subclass of the Elected Officers' Class of the

28  Florida Retirement System defined benefit program shall be

29  reduced by 0.57 percentage points.

30         (g)  The contribution rate that applies to the Senior

31  Management Service Class of the Florida Retirement System

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  1  defined benefit program shall be reduced by 0.54 percentage

  2  points.

  3         Section 7.  (1)  Effective July 1, 2001, for fiscal

  4  year 2001-2002 only, the contribution rates for the defined

  5  benefit program for the Regular Class, Special Risk Class,

  6  Special Risk Administrative Support Class, each subclass of

  7  the Elected Officers' Class, and the Senior Management Service

  8  Class each shall be reduced by 2.6 percentage points.  These

  9  reductions shall be in addition to all other changes to such

10  contribution rates which may be enacted into law after July 1,

11  2001.

12         (2)  It is the intent of the Legislature that the costs

13  attributable to the reduction of contribution rates pursuant

14  to subsection (1) shall be funded by recognition of a lump sum

15  equal to the annual cost attributable to this reduction of the

16  contribution rates from the excess actuarial assets of the

17  Florida Retirement System Trust Fund.

18         Section 8.  Subsection (2) of section 20 of chapter

19  2000-169, Laws of Florida, is repealed.

20         Section 9.  The Legislature finds that a proper and

21  legitimate state purpose is served when employees, officers,

22  and retirees of the state and of its political subdivisions,

23  and the dependents, survivors, and beneficiaries of such

24  employees, officers, and retirees, are extended the basic

25  protections afforded by governmental retirement systems that

26  provide fair and adequate benefits and that are managed,

27  administered, and funded in an actuarially sound manner, as

28  required by s. 14 of Art. X of the State Constitution and part

29  VII of chapter 112 of the Florida Statutes.  Therefore, the

30  Legislature hereby determines and declares that the provisions

31  of this act fulfill an important state interest.

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  1         Section 10.  This act shall take effect July 1,2001.

  2

  3            *****************************************

  4                          HOUSE SUMMARY

  5
      Revises various provisions of the Florida Retirement
  6    System to:
           1.  Revise contribution rates for specified classes
  7    and subclasses of the system.
           2.  Revise contribution rates for participants in
  8    the optional retirement program of the State University
      System.
  9         3.  Recognize excess actuarial assets to fund costs
      and rate reduction.
10

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