House Bill hb0347

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    Florida House of Representatives - 2001                 HB 347

        By Representative Fasano






  1                      A bill to be entitled

  2         An act relating to the Public Employee Optional

  3         Retirement Program; amending s. 121.4501, F.S.;

  4         providing requirements for the State Board of

  5         Administration in carrying out its duties under

  6         the program; providing requirements with

  7         respect to administration; revising language

  8         with respect to investment options or products;

  9         providing an effective date.

10

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

12

13         Section 1.  Subsection (1), paragraph (a) of subsection

14  (2), paragraph (b) of subsection (8), and paragraphs (a) and

15  (b) of subsection (9) of section 121.4501, Florida Statutes,

16  are amended, and paragraph (f) is added to subsection (9) of

17  said section, to read:

18         121.4501  Public Employee Optional Retirement

19  Program.--

20         (1)  The Trustees of the State Board of Administration

21  shall establish an optional defined contribution retirement

22  program for members of the Florida Retirement System under

23  which retirement benefits will be provided for eligible

24  employees who elect to participate in the program. The

25  benefits to be provided for or on behalf of participants in

26  such optional retirement program shall be provided through

27  employee-directed investments, in accordance with s. 401(a) of

28  the Internal Revenue Code and its related regulations. The

29  employers shall contribute, as provided in this section and s.

30  121.571, to the Public Employee Optional Retirement Program

31  Trust Fund toward the funding of such optional benefits. In

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  1  carrying out its duties under this section, the board shall

  2  offer participants the opportunity to invest their retirement

  3  contributions exclusively through private bundled providers

  4  that offer individually allocated investment products and

  5  services. The board shall not create any of its own investment

  6  products or options.

  7         (2)  DEFINITIONS.--As used in this section, the term:

  8         (a)  "Approved provider" or "provider" means a private

  9  sector company that is selected and approved by the state

10  board to offer one or more investment products or services to

11  the Public Employee Optional Retirement Program, including a

12  "bundled provider" that offers participants both a full range

13  of individually allocated investment products and a full range

14  of administrative and customer services, to include accounting

15  and administration of individual participant benefits and

16  contributions; individual participant recordkeeping; asset

17  purchase, control, and safekeeping; direct execution of the

18  participant's instructions as to asset and contribution

19  allocation; calculation of daily net asset values; direct

20  access to participant account information; periodic reporting

21  to participants, at least quarterly, on account balances and

22  transactions; direct advice and guidance on investments

23  options; a broad array of distribution options; and asset

24  allocation and retirement counseling and education. Private

25  sector companies include investment management companies,

26  insurance companies, depositories, and mutual fund companies.

27

28  The term does not include any renewed member of the Florida

29  Retirement System, any member participating in the Deferred

30  Retirement Option Program established under s. 121.091(13), or

31

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  1  any employee participating in an optional retirement program

  2  established under s. 121.051(2)(c) or s. 121.35.

  3         (8)  ADMINISTRATION OF PROGRAM.--

  4         (b)1.  The state board shall select and contract with

  5  one third-party administrator to provide administrative

  6  services. With the approval of the state board, the

  7  third-party administrator may subcontract with other

  8  organizations or individuals to provide components of the

  9  administrative services. As a cost of administration, the

10  board may compensate any such contractor for its services, in

11  accordance with the terms of the contract, as is deemed

12  necessary or proper by the board. The third-party

13  administrator may not be an approved provider or be affiliated

14  with an approved provider.

15         2.  These administrative services shall be include, but

16  are not limited to enrollment of eligible employees,

17  collection of employer contributions, disbursement of such

18  contributions to approved providers in accordance with the

19  allocation directions of participants, services relating to

20  consolidated billing; individual and collective, plan-wide

21  recordkeeping and accounting; asset purchase, control, and

22  safekeeping; and direct disbursement of funds to and from the

23  third-party administrator, the division, the board, employers,

24  participants, approved providers, and beneficiaries. Approved

25  providers shall perform all other administrative and customer

26  services, including accounting and administration of

27  individual participant benefits and contributions; individual

28  participant recordkeeping; asset purchase, control, and

29  safekeeping; direct execution of the participants's

30  instructions as to asset and contribution allocation;

31  calculation of daily net asset values; direct access to

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    Florida House of Representatives - 2001                 HB 347

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  1  participant account information; periodic reporting to

  2  participants, at least quarterly, on account balances and

  3  transactions; direct advice and guidance on investment

  4  options; a broad array of distribution options; and asset

  5  allocation and retirement counseling and education. Approved

  6  providers may, with the approval of the board, subcontract

  7  with other organizations or individuals to provide components

  8  of the administrative services and customer services.

  9         3.  The state board shall select and contract with one

10  or more organizations to provide educational services. With

11  approval of the board, the organizations may subcontract with

12  other organizations or individuals to provide components of

13  the educational services. As a cost of administration, the

14  board may compensate any such contractor for its services in

15  accordance with the terms of the contract, as is deemed

16  necessary or proper by the board. The education organization

17  may not be an approved provider or be affiliated with an

18  approved provider.

19         4.  Educational services shall be designed by the board

20  and department to assist employers, eligible employees,

21  participants, and beneficiaries in order to maintain

22  compliance with United States Department of Labor regulations

23  under s. 404(c) of the Employee Retirement Income Security Act

24  of 1974 and to assist employees in their choice of defined

25  benefit or defined contribution retirement alternatives.

26  Educational services include, but are not limited to,

27  disseminating educational materials; providing retirement

28  planning education; explaining the differences between the

29  defined benefit retirement plan and the defined contribution

30  retirement plan; and offering financial planning guidance on

31  matters such as investment diversification, investment risks,

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  1  investment costs, and asset allocation. An approved provider

  2  may also provide educational information, including retirement

  3  planning and investment allocation information concerning its

  4  products and services.

  5         (9)  INVESTMENT OPTIONS OR PRODUCTS; PERFORMANCE

  6  REVIEW.--

  7         (a)  The board shall develop policy and procedures for

  8  selecting, evaluating, and monitoring the performance of

  9  approved providers and investment products to which employees

10  may direct retirement contributions under the program. In

11  accordance with such policy and procedures, the board shall

12  designate and contract with five for a number of investment

13  products as determined by the board. The board shall select

14  one or more bundled providers who offer multiple investment

15  products and services, including at least one provider who

16  offers guaranteed annuities when such an approach is

17  determined by the board to afford value to the participants

18  otherwise not available through individual investment

19  products. The board shall review and manage all educational

20  materials, contract terms, fee schedules, and other aspects of

21  the approved provider relationships to ensure that no provider

22  is unduly favored or penalized by virtue of its status within

23  the plan.

24         (b)  The board shall consider investment options or

25  products it considers appropriate to give participants the

26  opportunity to accumulate retirement benefits, subject to the

27  following:

28         1.  The Public Employee Optional Retirement Program

29  must offer a diversified mix of low-cost investment products

30  that span the risk-return spectrum, and shall include a

31  guaranteed account as well as investment products that offer

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  1  the option of receiving lifetime income consistent with the

  2  long-term retirement security of a pension plan and similar to

  3  the lifetime income benefit provided by the Florida Retirement

  4  System.

  5         2.  Investment options or products offered by the group

  6  of approved providers may include mutual funds, group annuity

  7  contracts, individual retirement annuities, interests in

  8  trusts, collective trusts, separate accounts, and other such

  9  financial instruments, and shall include products that give

10  participants the option of committing their contributions for

11  an extended time period in an effort to obtain higher returns

12  than could be obtained from investment products offering full

13  liquidity.

14         3.  The board shall not contract with any provider that

15  imposes a front-end, back-end, contingent, or deferred sales

16  charge, or any other fee that limits or restricts the ability

17  of participants to select any investment product available in

18  the optional program. This prohibition shall not apply to fees

19  or charges on lump-sum distributions that are based primarily

20  on liquidity risk management.

21         4.  Fees or charges for insurance features, such as

22  mortality and expense risk charges, shall be reasonable

23  relative to the benefits provided.

24         (f)1.  An approved provider shall comply with all

25  applicable federal and state securities and insurance laws and

26  regulations, as well as the applicable rules and guidelines of

27  the National Association of Securities Dealers (NASD)

28  governing the ethical marketing of investment products. In

29  furtherance of this mandate, an approved provider must agree

30  in its contract with the board to establish and maintain a

31  compliance education and monitoring system to supervise the

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    Florida House of Representatives - 2001                 HB 347

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  1  activities of all personnel who directly communicate with

  2  individual participants and recommend investment products,

  3  which system is consistent with NASD rules.

  4         2.  Approved provider personnel who directly

  5  communicate with individual participants and who recommend

  6  investment products shall make an independent and unbiased

  7  determination as to whether an investment product is suitable

  8  for a particular participant.

  9         3.  The board shall develop procedures to receive and

10  resolve participant complaints against a provider, and, when

11  appropriate, refer such complaints to the appropriate

12  regulatory agency.

13         4.  Approved providers shall be responsible for the

14  accuracy of all information presented to participants. An

15  approved provider shall not represent itself to participants

16  as the sole provider of investment products or services under

17  the optional retirement program. Any participant inquiries to

18  an approved provider regarding the products or services of

19  another approved provider shall be referred to the third party

20  administrator.

21         5.  Approved providers are prohibited from selling any

22  customer list or participant identification information

23  generated through their offering of products or services

24  through the optional retirement program.

25         Section 2.  This act shall take effect upon becoming a

26  law.

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    Florida House of Representatives - 2001                 HB 347

    565-192A-01






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  2                          HOUSE SUMMARY

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      Revises the provisions of the Public Employee Optional
  4    Retirement Program to provide for the use of private
      sector bundled providers that offer public employees a
  5    wide variety of choices in both products and services in
      a competitive environment. See bill for details.
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