Senate Bill sb0002e1

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    CS for SB 2                                    First Engrossed



  1                      A bill to be entitled

  2         An act relating to retirement; amending s.

  3         121.091, F.S.; providing for a repurchase of

  4         prior service credit for certain members of the

  5         Special Risk Class or Special Risk

  6         Administrative Support Class of the Florida

  7         Retirement System who retired or terminated

  8         employment before July 1, 2000; providing for

  9         actuarial funding of benefits; providing a

10         declaration of an important state interest;

11         providing for a one-time cost-of-living

12         increase for certain retired members of the

13         Florida Retirement System who have service

14         credit earned between September 30, 1978, and

15         January 1, 1993, in the Special Risk Class of

16         the Florida Retirement System; providing an

17         effective date.

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

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21         Section 1.  Subsection (1) of section 121.091, Florida

22  Statutes, is amended to read:

23         121.091  Benefits payable under the system.--Benefits

24  may not be paid under this section unless the member has

25  terminated employment as provided in s. 121.021(39)(a) or

26  begun participation in the Deferred Retirement Option Program

27  as provided in subsection (13), and a proper application has

28  been filed in the manner prescribed by the department. The

29  department may cancel an application for retirement benefits

30  when the member or beneficiary fails to timely provide the

31  information and documents required by this chapter and the


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    CS for SB 2                                    First Engrossed



  1  department's rules. The department shall adopt rules

  2  establishing procedures for application for retirement

  3  benefits and for the cancellation of such application when the

  4  required information or documents are not received.

  5         (1)  NORMAL RETIREMENT BENEFIT.--Upon attaining his or

  6  her normal retirement date, the member, upon application to

  7  the administrator, shall receive a monthly benefit which shall

  8  begin to accrue on the first day of the month of retirement

  9  and be payable on the last day of that month and each month

10  thereafter during his or her lifetime. The normal retirement

11  benefit, including any past or additional retirement credit,

12  may not exceed 100 percent of the average final compensation.

13  The amount of monthly benefit shall be calculated as the

14  product of A and B, subject to the adjustment of C, if

15  applicable, as set forth below:

16         (a)1.  For creditable years of Regular Class service, A

17  is 1.60 percent of the member's average final compensation, up

18  to the member's normal retirement date. Upon completion of the

19  first year after the normal retirement date, A is 1.63 percent

20  of the member's average final compensation.  Following the

21  second year after the normal retirement date, A is 1.65

22  percent of the member's average final compensation. Following

23  the third year after the normal retirement date, and for

24  subsequent years, A is 1.68 percent of the member's average

25  final compensation.

26         2.  For creditable years of special risk service, A is:

27         a.  Two percent of the member's average final

28  compensation for all creditable years prior to October 1,

29  1974;

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    CS for SB 2                                    First Engrossed



  1         b.  Three percent of the member's average final

  2  compensation for all creditable years after September 30,

  3  1974, and before October 1, 1978;

  4         c.  Two percent of the member's average final

  5  compensation for all creditable years after September 30,

  6  1978, and before January 1, 1989;

  7         d.  Two and two-tenths percent of the member's final

  8  monthly compensation for all creditable years after December

  9  31, 1988, and before January 1, 1990;

10         e.  Two and four-tenths percent of the member's average

11  final compensation for all creditable years after December 31,

12  1989, and before January 1, 1991;

13         f.  Two and six-tenths percent of the member's average

14  final compensation for all creditable years after December 31,

15  1990, and before January 1, 1992;

16         g.  Two and eight-tenths percent of the member's

17  average final compensation for all creditable years after

18  December 31, 1991, and before January 1, 1993;

19         h.  Three percent of the member's average final

20  compensation for all creditable years after December 31, 1992;

21  and

22         i.  Three percent of the member's average final

23  compensation for all creditable years of service after

24  September 30, 1978, and before January 1, 1993, for any

25  special risk member who retires after July 1, 2000, or any

26  member of the Special Risk Administrative Support Class

27  entitled to retain the special risk normal retirement date who

28  was a member of the Special Risk Class during the time period

29  and who retires after July 1, 2000. Those members with

30  creditable service in these classes who have served between

31  these dates and who have retired, are participants in the


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    CS for SB 2                                    First Engrossed



  1  deferred retirement option program, or have terminated

  2  employment with vested rights before July 1, 2000, shall

  3  receive a 12 percent increase in their benefits effective

  4  January 1, 2002.

  5         3.  For creditable years of Senior Management Service

  6  Class service after January 31, 1987, A is 2 percent;

  7         4.  For creditable years of Elected Officers' Class

  8  service as a Supreme Court Justice, district court of appeal

  9  judge, circuit judge, or county court judge, A is 3 1/3

10  percent of the member's average final compensation, and for

11  all other creditable service in such class, A is 3 percent of

12  average final compensation;

13         (b)  B is the number of the member's years and any

14  fractional part of a year of creditable service earned

15  subsequent to November 30, 1970; and

16         (c)  C is the normal retirement benefit credit brought

17  forward as of November 30, 1970, by a former member of an

18  existing system.  Such normal retirement benefit credit shall

19  be determined as the product of X and Y when X is the

20  percentage of average final compensation which the member

21  would have been eligible to receive if the member had attained

22  his or her normal retirement date as of November 30, 1970, all

23  in accordance with the existing system under which the member

24  is covered on November 30, 1970, and Y is average final

25  compensation as defined in s. 121.021(25).  However, any

26  member of an existing retirement system who is eligible to

27  retire and who does retire, become disabled, or die prior to

28  April 15, 1971, may have his or her retirement benefits

29  calculated on the basis of the best 5 of the last 10 years of

30  service.

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    CS for SB 2                                    First Engrossed



  1         (d)  A member's average final compensation shall be

  2  determined by formula to obtain the coverage for the 5 highest

  3  fiscal years' salaries, calculated as provided by rule.

  4         Section 2.  For those members with creditable service

  5  in the Florida Retirement System Special Risk Class who have

  6  retirement service credit in the Special Risk Class after

  7  September 30, 1978, and before January 1, 1993, and who

  8  retired or entered the Deferred Retirement Option Program of

  9  the Florida Retirement System prior to July 1, 2000, such

10  members, or their beneficiaries if the member is deceased,

11  shall receive a one-time special cost-of-living increase on

12  January 1, 2002, equal to 12 percent of their gross retirement

13  benefit. Such increase shall be in addition to the normal

14  cost-of-living increase provided to such members on July 1,

15  2001.

16         Section 3.  It is the intent of the Legislature that

17  the costs attributable to the additional cost-of-living

18  increase for special risk retirees and Deferred Retirement

19  Option Program participants as provided under section 2 shall

20  be funded by recognition of excess actuarial assets, amortized

21  over 30 years with the payments assumed to remain relatively

22  stable when expressed as a percentage of payroll. For fiscal

23  year 2001-2002, the payment shall be $9.3 million. For fiscal

24  year 2002-2003, the payment shall be $19 million, and,

25  thereafter, payments shall increase by 5 percent per year. If

26  insufficient funds are available to fund this additional cost

27  through recognition of excess actuarial assets in fiscal year

28  2002-2003 and any year thereafter, and there remains an

29  unfunded actuarial liability attributable to the one-time

30  cost-of-living increase provided under section 2, the payroll

31  contribution rate for the Special Risk Class of the Florida


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    CS for SB 2                                    First Engrossed



  1  Retirement System shall be increased by .93 percent effective

  2  July 1 of that year, unless the Legislature provides an

  3  alternative funding mechanism before that date.

  4         Section 4.  The Legislature finds that a proper and

  5  legitimate state purpose is served when employees and retirees

  6  of the state and its political subdivisions and the

  7  dependents, survivors, and beneficiaries of such employees and

  8  retirees are extended the basic protections afforded by

  9  governmental retirement systems that provide fair and adequate

10  benefits and that are managed, administered, and funded in an

11  actuarially sound manner, as required by Section 14, Article

12  X, of the State Constitution and part VII of chapter 112,

13  Florida Statutes. Therefore, the Legislature determines and

14  declares that this act fulfills an important state interest.

15         Section 5.  This act shall take effect July 1, 2001.

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