House Bill hb1821e1

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                                          HB 1821, First Engrossed



  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 ss. 121.35, 121.051,

  7         121.055, and 240.3195, F.S.; changing employer

  8         contribution rates for participants in the

  9         State University System optional retirement

10         program, the Community College optional

11         retirement program, and the Senior Management

12         Service optional annuity program; providing

13         legislative intent; recognizing excess

14         actuarial assets to fund costs and rate

15         reductions; reducing certain contribution

16         rates; repealing subsection (2) of s. 20 of ch.

17         2000-169, Laws of Florida, relating to

18         increasing contributions rates; providing a

19         finding of important state interest; providing

20         an effective date.

21

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

23

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

25  121.052, Florida Statutes, is amended to read:

26         121.052  Membership class of elected officers.--

27         (7)  CONTRIBUTIONS.--

28         (a)  The following table states the required retirement

29  contribution rates for members of the Elected Officers' Class

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

31  gross compensation. A change in a contribution rate is


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                                          HB 1821, First Engrossed



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

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

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

  4  the contributions required for social security and the Retiree

  5  Health Insurance Subsidy Trust Fund.

  6

  7  Dates of Contribution

  8    Rate Changes                             Members   Employers

  9

10  July 1, 1972, through September 30, 1977

11    Legislators                                 8%           8%

12    All Other Members                           8%           8%

13

14  October 1, 1977, through September 30, 1978

15    Legislators                                 8%           8%

16    All Other Members                           4%          12%

17

18  October 1, 1978, through September 30, 1979

19    Legislators                                 8%       10.57%

20    All Other Members                           4%       16.78%

21

22  October 1, 1979, through September 30, 1981

23    Legislators                                 8%       10.57%

24    Governor, Lt. Governor, Cabinet

25      Officers                                  4%       16.78%

26    All Other Members                           0%       20.78%

27

28  July 1, 1981, through June 30, 1984

29    County Elected Officers                     0%       19.30%

30

31  July 1, 1984, through September 30, 1984


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                                          HB 1821, First Engrossed



  1    County Elected Officers                     0%       20.25%

  2

  3  October 1, 1981, through September 30, 1984

  4    Legislators                                 0%       19.30%

  5    Governor, Lt. Governor, Cabinet

  6      Officers                                  0%       21.03%

  7    State Attorneys, Public Defenders           0%       20.95%

  8    Justices, Judges                            0%       22.55%

  9

10  October 1, 1984, through September 30, 1986

11    Legislators                                 0%       10.98%

12    Governor, Lt. Governor, Cabinet

13      Officers                                  0%       10.98%

14    State Attorneys, Public Defenders           0%       10.98%

15    Justices, Judges                            0%       21.79%

16    County Elected Officers                     0%       16.97%

17

18  October 1, 1986, through December 31, 1988

19    Legislators                                 0%       11.50%

20    Governor, Lt. Governor, Cabinet

21      Officers                                  0%       11.50%

22    State Attorneys, Public Defenders           0%       11.50%

23    Justices, Judges                            0%       20.94%

24    County Elected Officers                     0%       17.19%

25

26  January 1, 1989, through December 31, 1989

27    Legislators                                 0%       13.70%

28    Governor, Lt. Governor, Cabinet

29      Officers                                  0%       13.70%

30    State Attorneys, Public Defenders           0%       13.70%

31    Justices, Judges                            0%       22.58%


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                                          HB 1821, First Engrossed



  1    County Elected Officers                     0%       18.44%

  2

  3  January 1, 1990, through December 31, 1990

  4    Legislators                                 0%       15.91%

  5    Governor, Lt. Governor, Cabinet

  6      Officers                                  0%       15.91%

  7    State Attorneys, Public Defenders           0%       15.91%

  8    Justices, Judges                            0%       24.22%

  9    County Elected Officers                     0%       19.71%

10

11  January 1, 1991, through December 31, 1991

12    Legislators                                 0%       17.73%

13    Governor, Lt. Governor, Cabinet

14      Officers                                  0%       17.73%

15    State Attorneys, Public Defenders           0%       17.73%

16    Justices, Judges                            0%       26.63%

17    County Elected Officers                     0%       23.32%

18

19  January 1, 1992, through December 31, 1992

20    Legislators                                 0%       19.94%

21    Governor, Lt. Governor, Cabinet

22      Officers                                  0%       19.94%

23    State Attorneys, Public Defenders           0%       19.94%

24    Justices, Judges                            0%       28.27%

25    County Elected Officers                     0%       24.59%

26

27  January 1, 1993, through December 31, 1993

28    Legislators                                 0%       22.14%

29    Governor, Lt. Governor, Cabinet

30      Officers                                  0%       22.14%

31    State Attorneys, Public Defenders           0%       22.14%


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                                          HB 1821, First Engrossed



  1    Justices, Judges                            0%       29.91%

  2    County Elected Officers                     0%       25.84%

  3

  4  January 1, 1994, through December 31, 1994

  5    Legislators                                 0%       22.65%

  6    Governor, Lt. Governor, Cabinet

  7      Officers                                  0%       22.65%

  8    State Attorneys, Public Defenders           0%       22.65%

  9    Justices, Judges                            0%       30.52%

10    County Elected Officers                     0%       26.07%

11

12  January 1, 1995, through December 31, 1995

13    Legislators                                 0%       22.80%

14    Governor, Lt. Governor, Cabinet

15      Officers                                  0%       22.80%

16    State Attorneys, Public Defenders           0%       22.80%

17    Justices, Judges                            0%       30.21%

18    County Elected Officers                     0%       27.48%

19

20  January 1, 1996, through June 30, 1996

21    Legislators                                 0%       22.90%

22    Governor, Lt. Governor, Cabinet

23      Officers                                  0%       22.90%

24    State Attorneys, Public Defenders           0%       22.90%

25    Justices, Judges                            0%       30.15%

26    County Elected Officers                     0%       27.54%

27

28  July 1, 1996, through June 30, 1998

29    Legislators                                 0%       23.07%

30    Governor, Lt. Governor, Cabinet

31      Officers                                  0%       23.07%


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                                          HB 1821, First Engrossed



  1    State Attorneys, Public Defenders           0%       23.07%

  2    Justices, Judges                            0%       29.55%

  3    County Elected Officers                     0%       27.33%

  4

  5  July 1, 1998, through June 30, 1999

  6    Legislators                                 0%       22.33%

  7    Governor, Lt. Governor, Cabinet

  8      Officers                                  0%       22.33%

  9    State Attorneys, Public Defenders           0%       22.33%

10    Justices, Judges                            0%       27.21%

11    County Elected Officers                     0%       26.99%

12

13  Effective July 1, 1999, through

14    June 30, 2001

15    Legislators                                 0%       14.31%

16    Governor, Lt. Governor, Cabinet

17      Officers                                  0%       14.31%

18    State Attorneys, Public Defenders           0%       14.31%

19    Justices, Judges                            0%       20.48%

20    County Elected Officers                     0%       17.05%

21

22  Effective July 1, 2001

23    Legislators                                 0%       15.14%

24    Governor, Lt. Governor, Cabinet

25      Officers                                  0%       15.14%

26    State Attorneys, Public Defenders           0%       15.14%

27    Justices, Judges                            0%       20.61%

28    County Elected Officers                     0%       17.61%

29

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

31  121.055, Florida Statutes, is amended to read:


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                                          HB 1821, First Engrossed



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

  7  retirement contribution rates for members of the Senior

  8  Management Service Class and their employers in terms of a

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

10  contribution rate is effective with the first salary paid on

11  or after the beginning date of the change.  Contributions

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

13  contributions required for social security and the Retiree

14  Health Insurance Subsidy Trust Fund.

15

16  Dates of Contribution

17    Rate Changes                          Members   Employers

18

19  February 1, 1987, through

20    December 31, 1988                       0%       13.88%

21  January 1, 1989, through

22    December 31, 1989                       0%       14.95%

23  January 1, 1990, through

24    December 31, 1990                       0%       16.04%

25  January 1, 1991, through

26    December 31, 1991                       0%       18.39%

27  January 1, 1992, through

28    December 31, 1992                       0%       19.48%

29  January 1, 1993, through

30    December 31, 1993                       0%       20.55%

31  January 1, 1994, through


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                                          HB 1821, First Engrossed



  1    December 31, 1994                       0%       23.07%

  2  January 1, 1995, through

  3    December 31, 1995                       0%       23.88%

  4  January 1, 1996, through

  5    June 30, 1996                           0%       24.14%

  6  July 1, 1996, through

  7    June 30, 1998                           0%       21.58%

  8  July 1, 1998, through

  9    June 30, 1999                           0%       23.10%

10  Effective July 1, 1999, through

11    June 30, 2001                           0%       11.19%

12  Effective July 1, 2001                    0%       11.73%

13

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

15  Statutes, is amended to read:

16         121.071  Contributions.--Contributions to the system

17  shall be made as follows:

18         (1)  The following tables state the required retirement

19  contribution rates for members of the Regular Class, Special

20  Risk Class, or Special Risk Administrative Support Class and

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

22  compensation.  A change in a contribution rate is effective

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

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

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

26  contributions required for social security and the Retiree

27  Health Insurance Subsidy Trust Fund.

28         (a)  Retirement contributions for regular members are

29  as follows:

30

31


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                                          HB 1821, First Engrossed



  1  Dates of Contribution

  2    Rate Changes                             Members   Employers

  3

  4  December 1, 1970, through December

  5    31, 1974, for state agencies, state

  6    universities, community colleges,

  7    and district school boards                  4%           4%

  8

  9  December 1, 1970, through September

10    30, 1975, for all other local

11    government agencies                         4%           4%

12

13  January 1, 1975, through September

14    30, 1978, for state agencies and

15    state universities                          0%           9%

16

17  January 1, 1975, through July 31,

18    1978, for community colleges and

19    district school boards                      0%           9%

20

21  October 1, 1975, through September

22    30, 1978, for all other local

23    government agencies                         0%           9%

24

25  August 1, 1978, through September 30,

26    1981, for community colleges and

27    district school boards                      0%         9.1%

28

29  October 1, 1978, through September

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

31


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                                          HB 1821, First Engrossed



  1  October 1, 1981, through

  2    September 30, 1984                          0%       10.93%

  3  October 1, 1984, through

  4    September 30, 1986                          0%       12.24%

  5  October 1, 1986, through

  6    December 31, 1988                           0%       13.14%

  7  January 1, 1989, through

  8    December 31, 1989                           0%       13.90%

  9  January 1, 1990, through

10    December 31, 1990                           0%       14.66%

11  January 1, 1991, through

12    December 31, 1991                           0%       15.72%

13  January 1, 1992, through

14    December 31, 1992                           0%       16.51%

15  January 1, 1993, through

16    December 31, 1993                           0%       17.27%

17  January 1, 1994, through

18    December 31, 1994                           0%       17.10%

19  January 1, 1995, through

20    December 31, 1995                           0%       16.91%

21  January 1, 1996, through

22    June 30, 1996                               0%       17.00%

23  July 1, 1996, through

24    June 30, 1998                               0%       16.77%

25  July 1, 1998, through

26    June 30, 1999                               0%       15.51%

27  Effective July 1, 1999, through

28    June 30, 2001                               0%        9.21%

29  Effective July 1, 2001                        0%        9.91%

30

31


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                                          HB 1821, First Engrossed



  1         (b)  Retirement contributions for special risk members

  2  are as follows:

  3

  4  Dates of Contribution

  5    Rate Changes                             Members   Employers

  6

  7  December 1, 1970, through

  8    September 30, 1974                          6%           6%

  9

10  October 1, 1974, through December 31,

11    1974, for state agencies, state

12    universities, community colleges,

13    and district school boards                  8%           8%

14

15  October 1, 1974, through September

16    30, 1975, for all other local

17    government agencies                         8%           8%

18

19  January 1, 1975, through September

20    30, 1978, for state agencies, state

21    universities, community colleges,

22    and district school boards                  0%          13%

23

24  October 1, 1975, through September

25    30, 1978, for other local

26    government agencies                         0%          13%

27

28  October 1, 1978, through

29    September 30, 1981                          0%       13.95%

30  October 1, 1981, through

31    September 30, 1984                          0%       13.91%


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                                          HB 1821, First Engrossed



  1  October 1, 1984, through

  2    September 30, 1986                          0%       14.67%

  3  October 1, 1986, through

  4    December 31, 1988                           0%       15.11%

  5  January 1, 1989, through

  6    December 31, 1989                           0%       17.50%

  7  January 1, 1990, through

  8    December 31, 1990                           0%       19.90%

  9  January 1, 1991, through

10    December 31, 1991                           0%       25.52%

11  January 1, 1992, through

12    December 31, 1992                           0%       26.35%

13  January 1, 1993, through

14    December 31, 1993                           0%       27.14%

15  January 1, 1994, through

16    December 31, 1994                           0%       27.03%

17  January 1, 1995, through

18    December 31, 1995                           0%       26.83%

19  January 1, 1996, through

20    June 30, 1996                               0%       26.84%

21  July 1, 1996, through

22    June 30, 1998                               0%       26.44%

23  July 1, 1998, through

24    June 30, 1999                               0%       24.38%

25  July 1, 1999, through

26    June 30, 2000                               0%       20.22%

27  Effective July 1, 2000, through

28    June 30, 2001                               0%       20.35%

29  Effective July 1, 2001                        0%       22.07%

30

31


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                                          HB 1821, First Engrossed



  1         (c)  Retirement contributions for special risk

  2  administrative support members are as follows:

  3

  4  Dates of Contribution

  5    Rate Changes                             Members   Employers

  6

  7  July 1, 1982, through

  8    September 30, 1984                          0%       11.14%

  9  October 1, 1984, through

10    September 30, 1986                          0%       13.09%

11  October 1, 1986, through

12    December 31, 1988                           0%       15.44%

13  January 1, 1989, through

14    December 31, 1989                           0%       14.76%

15  January 1, 1990, through

16    December 31, 1990                           0%       14.09%

17  January 1, 1991, through

18    December 31, 1991                           0%       20.16%

19  January 1, 1992, through

20    December 31, 1992                           0%       19.51%

21  January 1, 1993, through

22    December 31, 1993                           0%       18.83%

23  January 1, 1994, through

24    December 31, 1994                           0%       18.59%

25  January 1, 1995, through

26    December 31, 1995                           0%       17.81%

27  January 1, 1996, through

28    June 30, 1996                               0%       17.80%

29  July 1, 1996, through

30    June 30, 1998                               0%       17.20%

31  July 1, 1998, through


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                                          HB 1821, First Engrossed



  1    June 30, 1999                               0%       14.64%

  2  July 1, 1999, through

  3    June 30, 2000                               0%       11.53%

  4  Effective July 1, 2000, through

  5    June 30, 2001                               0%       11.74%

  6  Effective July 1, 2001                        0%       12.55%

  7

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

  9  121.40, Florida Statutes, is amended to read:

10         121.40  Cooperative extension personnel at the

11  Institute of Food and Agricultural Sciences; supplemental

12  retirement benefits.--

13         (12)  CONTRIBUTIONS.--

14         (b)  The monthly contributions required to be paid

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

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

17  employees of the institute who hold both state and federal

18  appointments and who participate in the federal Civil Service

19  Retirement System shall be as follows:

20

21  Dates of Contribution                              Percentage

22    Rate Changes                                        Due

23

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

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

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

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

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

29  Effective July 1, 1998, through

30    June 30, 2001                                      7.17%

31  Effective July 1, 2001                               6.96%


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                                          HB 1821, First Engrossed



  1

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

  3  121.35, Florida Statutes, is amended to read:

  4         121.35  Optional retirement program for the State

  5  University System.--

  6         (4)  CONTRIBUTIONS.--

  7         (a)  Through June 30, 2001, each employer shall

  8  contribute on behalf of each participant in the optional

  9  retirement program an amount equal to the normal cost portion

10  of the employer retirement contribution which would be

11  required if the participant  were a regular member of the

12  Florida Retirement System defined benefit program, plus the

13  portion of the contribution rate required in s. 112.363(8)

14  that would otherwise be assigned to the Retiree Health

15  Insurance Subsidy Trust Fund.  Effective July 1, 2001, each

16  employer shall contribute on behalf of each participant in the

17  optional program an amount equal to 10.43 percent of the

18  participant's gross monthly compensation.  The department

19  shall deduct, less an amount approved by the Legislature which

20  shall be deducted by the department to provide for the

21  administration of this program. The payment of the

22  contributions to the optional program which is required by

23  this paragraph for each participant shall be made by the

24  employer to the department, which shall forward the

25  contributions to the designated company or companies

26  contracting for payment of benefits for the participant under

27  the program. However, such contributions paid on behalf of an

28  employee described in paragraph (3)(c) shall not be forwarded

29  to a company and shall not begin to accrue interest until the

30  employee has executed an annuity contract and notified the

31  department.


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                                          HB 1821, First Engrossed



  1         Section 6.  Paragraph (c) of subsection (2) of section

  2  121.051, Florida Statutes, is amended to read:

  3         121.051  Participation in the system.--

  4         (2)  OPTIONAL PARTICIPATION.--

  5         (c)  Employees of members of the Florida Community

  6  College System or charter technical career centers sponsored

  7  by members of the Florida Community College System, as

  8  designated in s. 240.3031, who are members of the Regular

  9  Class of the Florida Retirement System and who comply with the

10  criteria set forth in this paragraph and in s. 240.3195 may

11  elect, in lieu of participating in the Florida Retirement

12  System, to withdraw from the Florida Retirement System

13  altogether and participate in a lifetime monthly annuity

14  program, to be known as the State Community College System

15  Optional Retirement Program, which may be provided by the

16  employing agency under s. 240.3195. Pursuant thereto:

17         1.  Through June 30, 2001, the cost to the employer for

18  such annuity shall equal the normal cost portion of the

19  employer retirement contribution which would be required if

20  the employee were a member of the Regular Class defined

21  benefit program, plus the portion of the contribution rate

22  required by s. 112.363(8) that would otherwise be assigned to

23  the Retiree Health Insurance Subsidy Trust Fund.  Effective

24  July 1, 2001, each employer shall contribute on behalf of each

25  participant in the optional program an amount equal to 10.43

26  percent of the participant's gross monthly compensation.  The

27  employer shall deduct, and less an amount approved by the

28  employer to provide for the administration of the optional

29  retirement program.  The employer providing such annuity shall

30  contribute an additional amount to the Florida Retirement

31


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                                          HB 1821, First Engrossed



  1  System Trust Fund equal to the unfunded actuarial accrued

  2  liability portion of the Regular Class contribution rate.

  3         2.  The decision to participate in such an optional

  4  retirement program shall be irrevocable for as long as the

  5  employee holds a position eligible for participation.  Any

  6  service creditable under the Florida Retirement System shall

  7  be retained after the member withdraws from the Florida

  8  Retirement System; however, additional service credit in the

  9  Florida Retirement System shall not be earned while a member

10  of the optional retirement program.

11         3.  Participation in an optional annuity program shall

12  be limited to those employees who satisfy the following

13  eligibility criteria:

14         a.  The employee must be otherwise eligible for

15  membership in the Regular Class of the Florida Retirement

16  System, as provided in s. 121.021(11) and (12).

17         b.  The employee must be employed in a full-time

18  position classified in the Accounting Manual for Florida's

19  Public Community Colleges as:

20         (I)  Instructional; or

21         (II)  Executive Management, Instructional Management,

22  or Institutional Management, if a community college determines

23  that recruiting to fill a vacancy in the position is to be

24  conducted in the national or regional market, and:

25         (A)  The duties and responsibilities of the position

26  include either the formulation, interpretation, or

27  implementation of policies; or

28         (B)  The duties and responsibilities of the position

29  include the performance of functions that are unique or

30  specialized within higher education and that frequently

31  involve the support of the mission of the community college.


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                                          HB 1821, First Engrossed



  1         c.  The employee must be employed in a position not

  2  included in the Senior Management Service Class of the Florida

  3  Retirement System, as described in s. 121.055.

  4         4.  Participants in the program are subject to the same

  5  reemployment limitations, renewed membership provisions, and

  6  forfeiture provisions as are applicable to regular members of

  7  the Florida Retirement System under ss. 121.091(9), 121.122,

  8  and 121.091(5), respectively.

  9         5.  Eligible community college employees shall be

10  compulsory members of the Florida Retirement System until,

11  pursuant to the procedures set forth in s. 240.3195, the first

12  day of the next full calendar month following the filing of

13  both a written election to withdraw and a completed

14  application for an individual contract or certificate with the

15  program administrator and receipt of such election by the

16  division.

17         Section 7.  Paragraph (d) of subsection (6) of section

18  121.055, Florida Statutes, is amended to read:

19         121.055  Senior Management Service Class.--There is

20  hereby established a separate class of membership within the

21  Florida Retirement System to be known as the "Senior

22  Management Service Class," which shall become effective

23  February 1, 1987.

24         (6)

25         (d)  Contributions.--

26         1.  Through June 30, 2001, each employer shall

27  contribute on behalf of each participant in the Senior

28  Management Service Optional Annuity Program an amount equal to

29  the normal cost portion of the employer retirement

30  contribution which would be required if the participant were a

31  Senior Management Service Class member of the Florida


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                                          HB 1821, First Engrossed



  1  Retirement System defined benefit program, plus the portion of

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

  3  otherwise be assigned to the Retiree Health Insurance Subsidy

  4  Trust Fund.  Effective July 1, 2001, each employer shall

  5  contribute on behalf of each participant in the optional

  6  program an amount equal to 12.49 percent of the participant's

  7  gross monthly compensation.  The department shall deduct, less

  8  an amount approved by the Legislature which shall be deducted

  9  by the department to provide for the administration of this

10  program. The payment of the contributions to the optional

11  program which is required by this subparagraph for each

12  participant shall be made by the employer to the department,

13  which shall forward the contributions to the designated

14  company or companies contracting for payment of benefits for

15  the participant under the program.

16         2.  Each employer shall contribute on behalf of each

17  participant in the Senior Management Service Optional Annuity

18  Program an amount equal to the unfunded actuarial accrued

19  liability portion of the employer contribution which would be

20  required for members of the Senior Management Service Class in

21  the Florida Retirement System.  This contribution shall be

22  paid to the department for transfer to the Florida Retirement

23  System Trust Fund.

24         3.  An Optional Annuity Program Trust Fund shall be

25  established in the State Treasury and administered by the

26  department to make payments to provider companies on behalf of

27  the optional annuity program participants, and to transfer the

28  unfunded liability portion of the state optional annuity

29  program contributions to the Florida Retirement System Trust

30  Fund.

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                                          HB 1821, First Engrossed



  1         4.  Contributions required for social security by each

  2  employer and each participant, in the amount required for

  3  social security coverage as now or hereafter may be provided

  4  by the federal Social Security Act shall be maintained for

  5  each participant in the Senior Management Service retirement

  6  program and shall be in addition to the retirement

  7  contributions specified in this paragraph.

  8         5.  Each participant in the Senior Management Service

  9  Optional Annuity Program may contribute by way of salary

10  reduction or deduction a percentage amount of the

11  participant's gross compensation not to exceed the percentage

12  amount contributed by the employer to the optional annuity

13  program. Payment of the participant's contributions shall be

14  made by the employer to the department, which shall forward

15  the contributions to the designated company or companies

16  contracting for payment of benefits for the participant under

17  the program.

18         Section 8.  Paragraph (a) of subsection (4) of section

19  240.3195, Florida Statutes, is amended to read:

20         240.3195  State Community College System Optional

21  Retirement Program.--Each community college may implement an

22  optional retirement program, if such program is established

23  therefor pursuant to s. 240.319(4)(r), under which annuity

24  contracts providing retirement and death benefits may be

25  purchased by, and on behalf of, eligible employees who

26  participate in the program. Except as otherwise provided

27  herein, this retirement program, which shall be known as the

28  State Community College System Optional Retirement Program,

29  may be implemented and administered only by an individual

30  community college or by a consortium of community colleges.

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                                          HB 1821, First Engrossed



  1         (4)(a)  Through June 30, 2001, each college must

  2  contribute on behalf of each program participant an amount

  3  equal to the normal cost portion of the employer retirement

  4  contribution which would be required if the program

  5  participant were a member of the Regular Class of the Florida

  6  Retirement System as provided in s. 121.071, plus the portion

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

  8  otherwise be assigned to the Retiree Health Insurance Subsidy

  9  Trust Fund  Effective July 1, 2001, each college must

10  contribute on behalf of each program participant an amount

11  equal to 10.43 percent of the participant's gross monthly

12  compensation.  The college shall deduct, and less an amount

13  approved by the community college to provide for the

14  administration of the optional retirement program.  Payment of

15  this contribution must be made either directly by the

16  community college or through the program administrator to the

17  designated company contracting for payment of benefits to the

18  program participant.

19         (b)  Each community college must contribute on behalf

20  of each program participant an amount equal to the unfunded

21  actuarial accrued liability portion of the employer

22  contribution which would be required if the program

23  participant were a member of the Regular Class of the Florida

24  Retirement System.  Payment of this contribution must be made

25  directly by the college to the department for deposit in the

26  Florida Retirement System Trust Fund.

27         (c)  Each program participant who has executed an

28  annuity contract may contribute by way of salary reduction or

29  deduction a percentage of the program participant's gross

30  compensation, but this percentage may not exceed the

31  corresponding percentage contributed by the community college


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                                          HB 1821, First Engrossed



  1  to the optional retirement program. Payment of this

  2  contribution may be made either directly by the college or

  3  through the program administrator to the designated company

  4  contracting for payment of benefits to the program

  5  participant.

  6         (d)  Contributions to an optional retirement program by

  7  a college or a program participant are in addition to, and

  8  have no effect upon, contributions required now or in future

  9  by the federal Social Security Act.

10         Section 9.  (1)  It is the intent of the Legislature

11  that the normal costs attributable to the 1999 actuarial

12  experience study and the 2000 actuarial valuation study of the

13  Florida Retirement System defined benefit retirement program

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

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

16  from the excess actuarial assets of the Florida Retirement

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

18  be recognized shall be the annual cost attributable to the

19  1999 actuarial experience study and the 2000 actuarial

20  valuation.

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

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

23  of this act shall be reduced as follows:

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

25  Class of the Florida Retirement System defined benefit program

26  shall be reduced by 0.70 percentage points.

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

28  Risk Class of the Florida Retirement System defined benefit

29  program shall be reduced by 1.72 percentage points.

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

31  Risk Administrative Support Class of the Florida Retirement


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                                          HB 1821, First Engrossed



  1  System defined benefit program shall be reduced by 0.81

  2  percentage points.

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

  4  subclass of the Elected Officers' Class of the Florida

  5  Retirement System defined benefit program shall be reduced by

  6  0.14 percentage points.

  7         (e)  The contribution rate that applies to the

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

  9  Class of the Florida Retirement System defined benefit program

10  shall be reduced by 0.83 percentage points.

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

12  Officers' subclass of the Elected Officers' Class of the

13  Florida Retirement System defined benefit program shall be

14  reduced by 0.57 percentage points.

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

16  Management Service Class of the Florida Retirement System

17  defined benefit program shall be reduced by 0.54 percentage

18  points.

19         Section 10.  (1)  Effective July 1, 2001, for fiscal

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

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

22  Special Risk Administrative Support Class, each subclass of

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

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

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

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

27  2001.

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

29  attributable to the reduction of contribution rates pursuant

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

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


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                                          HB 1821, First Engrossed



  1  contribution rates from the excess actuarial assets of the

  2  Florida Retirement System Trust Fund.

  3         Section 11.  Subsection (2) of section 20 of chapter

  4  2000-169, Laws of Florida, is repealed.

  5         Section 12.  The Legislature finds that a proper and

  6  legitimate state purpose is served when employees, officers,

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

  8  and the dependents, survivors, and beneficiaries of such

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

10  protections afforded by governmental retirement systems that

11  provide fair and adequate benefits and that are managed,

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

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

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

15  Legislature hereby determines and declares that the provisions

16  of this act fulfill an important state interest.

17         Section 13.  This act shall take effect July 1,2001.

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