House Bill hb0351

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    Florida House of Representatives - 2001                 HB 351

        By Representative Mayfield






  1                      A bill to be entitled

  2         An act relating to deferred compensation

  3         programs for government employees; amending s.

  4         112.215, F.S.; redefining the term "employee,"

  5         for purposes of participation in such programs,

  6         to include employees of constitutional county

  7         officers; prescribing duties of constitutional

  8         county officers with respect to their

  9         employees; providing for negotiation of a joint

10         deferred compensation program for certain local

11         employees currently eligible for participation

12         in such programs and employees of

13         constitutional county officers; providing an

14         effective date.

15

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

17

18         Section 1.  Section 112.215, Florida Statutes, is

19  amended to read:

20         112.215  Government employees; deferred compensation

21  program.--

22         (1)  This section shall be known and may be cited as

23  the "Government Employees' Deferred Compensation Plan Act."

24         (2)  For the purposes of this section, the term

25  "employee" means any person, whether appointed, elected, or

26  under contract, providing services for the state; any state

27  agency or county or other political subdivision of the state;

28  or any municipality; or any constitutional county officer

29  under s. 1(d), Article VIII of the State Constitution for

30  which compensation or statutory fees are paid.

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  1         (3)  In accordance with a plan of deferred compensation

  2  which has been approved as herein provided, the state or any

  3  state agency, county, municipality, or other political

  4  subdivision, or constitutional county officer may, by contract

  5  or a collective bargaining agreement, agree with any employee

  6  to defer all or any portion of that employee's otherwise

  7  payable compensation and, pursuant to the terms of such

  8  approved plan and in such proportions as may be designated or

  9  directed under that plan, place such deferred compensation in

10  savings accounts or use the same to purchase fixed or variable

11  life insurance or annuity contracts, securities, evidence of

12  indebtedness, or such other investment products as may have

13  been approved for the purposes of carrying out the objectives

14  of such plan.  Such insurance, annuity, savings, or investment

15  products shall be underwritten and offered in compliance with

16  the applicable federal and state laws and regulations by

17  persons who are duly authorized by applicable state and

18  federal authorities.

19         (4)(a)  The Treasurer, with the approval of the State

20  Board of Administration, shall establish such plan or plans of

21  deferred compensation for state employees, including all such

22  investment vehicles or products incident thereto, as may be

23  available through, or offered by, qualified companies or

24  persons, and may approve one or more such plans for

25  implementation by and on behalf of the state and its agencies

26  and employees.

27         (b)  If the Treasurer deems it advisable, he or she

28  shall have the power, with the approval of the State Board of

29  Administration, to create a trust or other special funds for

30  the segregation of funds or assets resulting from compensation

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    Florida House of Representatives - 2001                 HB 351

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  1  deferred at the request of employees of the state or its

  2  agencies and for the administration of such program.

  3         (c)  The Treasurer, with the approval of the State

  4  Board of Administration, may delegate responsibility for

  5  administration of the plan to a person the Treasurer

  6  determines to be qualified, compensate such person, and,

  7  directly or through such person or pursuant to a collective

  8  bargaining agreement, contract with a private corporation or

  9  institution to provide such services as may be part of any

10  such plan or as may be deemed necessary or proper by the

11  Treasurer or such person, including, but not limited to,

12  providing consolidated billing, individual and collective

13  recordkeeping and accountings, asset purchase, control, and

14  safekeeping, and direct disbursement of funds to employees or

15  other beneficiaries. The Treasurer may authorize a person,

16  private corporation, or institution to make direct

17  disbursement of funds under the plan to an employee or other

18  beneficiary only upon the order of the Comptroller to the

19  Treasurer.

20         (d)  In accordance with such approved plan, and upon

21  contract or agreement with an eligible employee, deferrals of

22  compensation may be accomplished by payroll deductions made by

23  the appropriate officer or officers of the state, with such

24  funds being thereafter held and administered in accordance

25  with the plan.

26         (5)  Any county, municipality, or other political

27  subdivision of the state may by ordinance, and any county

28  officer under s. 1(d), Article VIII of the State Constitution

29  of 1968 may by contract agreement or other documentation

30  constituting approval, adopt and establish for itself and its

31  employees a deferred compensation program.  The ordinance

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  1  shall designate an appropriate official of the county,

  2  municipality, or political subdivision to approve and

  3  administer a deferred compensation plan or otherwise provide

  4  for such approval and administration.  The ordinance shall

  5  also designate a public official or body to make the

  6  determinations provided for in paragraph (6)(b). If a

  7  constitutional county officer elects to adopt and establish

  8  for that office and its employees a deferred compensation

  9  program, the constitutional county officer shall be the

10  appropriate official to make the determinations provided for

11  in this subsection and in paragraph (6)(b).

12         (6)(a)  No deferred compensation plan of the state

13  shall become effective until approved by the State Board of

14  Administration and the Treasurer is satisfied by opinion from

15  such federal agency or agencies as may be deemed necessary

16  that the compensation deferred thereunder and/or the

17  investment products purchased pursuant to the plan will not be

18  included in the employee's taxable income under federal or

19  state law until it is actually received by such employee under

20  the terms of the plan, and that such compensation will

21  nonetheless be deemed compensation at the time of deferral for

22  the purposes of social security coverage, for the purposes of

23  the state retirement system, and for any other retirement,

24  pension, or benefit program established by law.

25         (b)  No deferred compensation plan of a county,

26  municipality, or other political subdivision, or

27  constitutional county officer shall become effective until the

28  appropriate official or body designated under subsection (5)

29  by ordinance is satisfied by opinion from such federal agency

30  or agencies as may be deemed necessary that the compensation

31  deferred thereunder and/or the investment products purchased

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  1  pursuant to the plan will not be included in the employee's

  2  taxable income under federal or state law until it is actually

  3  received by such employee under the terms of the plan, and

  4  that such compensation will nonetheless be deemed compensation

  5  at the time of deferral for the purposes of social security

  6  coverage, for the purposes of the retirement system of the

  7  appropriate county, municipality, or political subdivision, or

  8  constitutional county officer, and for any other retirement,

  9  pension, or benefit program established by law.

10         (7)  The deferred compensation programs authorized by

11  this section, and any plan approved and adopted as herein

12  provided, shall exist and serve in addition to any other

13  retirement, pension, or benefit systems established by the

14  state or its agencies, counties, municipalities, or other

15  political subdivisions, or constitutional county officers and

16  shall not supersede, make inoperative, or reduce any benefits

17  provided by the Florida Retirement System or by another

18  retirement, pension, or benefit program established by law.

19  All records identifying individual participants in any plan

20  under this section and their personal account activities shall

21  be confidential and are exempt from the provisions of s.

22  119.07(1).

23         (8)(a)  There is hereby created a Deferred Compensation

24  Advisory Council composed of seven members.

25         1.  One member shall be appointed by the Speaker of the

26  House of Representatives and the President of the Senate

27  jointly and shall be an employee of the legislative branch.

28         2.  One member shall be appointed by the Chief Justice

29  of the Supreme Court and shall be an employee of the judicial

30  branch.

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  1         3.  One member shall be appointed by the chair of the

  2  Public Employees Relations Commission and shall be a nonexempt

  3  public employee.

  4         4.  The remaining four members shall be employed by the

  5  executive branch and shall be appointed as follows:

  6         a.  One member shall be appointed by the Chancellor of

  7  the State University System and shall be an employee of the

  8  university system.

  9         b.  One member shall be appointed by the Treasurer and

10  shall be an employee of the Treasurer.

11         c.  One member shall be appointed by the Governor and

12  shall be an employee of the executive branch.

13         d.  One member shall be appointed by the Comptroller

14  and shall be an employee of the Comptroller.

15         (b)  Each member shall serve for a term of 4 years from

16  the date of appointment, except that a vacancy shall be filled

17  by appointment for the remainder of the term.

18         (c)  Members shall elect a chair annually.

19         (d)  The council shall meet at the call of its chair,

20  at the request of a majority of its membership, or at the

21  request of the Treasurer, but not less than twice a year.  The

22  business of the council shall be presented to the council in

23  the form of an agenda.  The agenda shall be set by the

24  Treasurer and shall include items of business requested by the

25  council members.

26         (e)  A majority of the members shall constitute a

27  quorum, and action by a majority of a quorum shall be

28  official.

29         (f)  The council shall make a report of each meeting to

30  the Treasurer, which shall show the names of the members

31  present and shall include a record of its discussions,

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  1  recommendations, and actions taken.  The Treasurer shall keep

  2  the records of the proceedings of each meeting on file and

  3  shall make the records available to any interested person or

  4  group.

  5         (g)  Members of the council shall serve without

  6  compensation but shall be entitled to receive reimbursement

  7  for per diem and travel expenses as provided in s. 112.061.

  8         (h)  The advisory council shall provide assistance and

  9  recommendations to the Treasurer relating to the provisions of

10  the plan, the insurance or investment options to be offered

11  under the plan, and any other contracts or appointments deemed

12  necessary by the council and the Treasurer to carry out the

13  provisions of this act.  The Treasurer shall inform the

14  council of the manner in which each council recommendation is

15  being addressed.  The Treasurer shall provide the council, at

16  least annually, a report on the status of the deferred

17  compensation program, including, but not limited to,

18  information on participant enrollment, amount of compensation

19  deferred, total plan assets, product provider performance, and

20  participant satisfaction with the program.

21         (9)  The purchase of any insurance contract or annuity

22  or the investment in another investment option under any plan

23  of deferred compensation provided for in the United States

24  Internal Revenue Code and not prohibited under the laws of

25  this state for an employee shall impose no liability or

26  responsibility whatsoever on the state, county, municipality,

27  or other political subdivision, or constitutional county

28  officer, except to show that the payments have been remitted

29  for the purposes for which the compensation has been deferred.

30         (10)(a)  The moneys, pensions, annuities, or other

31  benefits accrued or accruing to any person under the

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  1  provisions of any plan providing for the deferral of

  2  compensation and the accumulated contributions and the cash

  3  and securities in the funds created thereunder are hereby

  4  exempt from any state, county, or municipal tax.  They shall

  5  not be subject to execution or attachment or to any legal

  6  process whatsoever by a creditor of the employee and shall be

  7  unassignable by the employee.

  8         (b)1.  There is created in the State Treasury the

  9  Deferred Compensation Trust Fund, through which the Treasurer

10  as trustee shall hold moneys, pensions, annuities, or other

11  benefits accrued or accruing under and pursuant to 26 U.S.C.

12  s. 457 and the deferred compensation plan provided for therein

13  and adopted by this state; and

14         a.  All amounts of compensation deferred thereunder;

15         b.  All property and rights purchased with such

16  amounts; and

17         c.  All income attributable to such amounts, property,

18  or rights.

19         2.  Notwithstanding the mandates of 26 U.S.C. s.

20  457(b)(6), all of the assets specified in subparagraph 1.

21  shall be held in trust for the exclusive benefit of

22  participants and their beneficiaries as mandated by 26 U.S.C.

23  s. 457(g)(1).

24         (11)  With respect to any funds held pursuant to a

25  deferred compensation plan, any plan provider which is a bank

26  or savings association and which provides time deposit

27  accounts and certificates of deposit as an investment product

28  to the plan participants may, with the approval of the State

29  Board of Administration for providers in the state plan, or

30  with the approval of the appropriate official or body

31  designated under subsection (5) by ordinance for a plan of a

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  1  county, municipality municipal, or other political

  2  subdivision, or constitutional county officer plan, be exempt

  3  from the provisions of chapter 280 requiring it to be a

  4  qualified public depository, provided:

  5         (a)  The bank or savings association shall, to the

  6  extent that the time deposit accounts or certificates of

  7  deposit are not insured by the Federal Deposit Insurance

  8  Corporation or the Federal Savings and Loan Insurance

  9  Corporation, pledge collateral with the Treasurer for all

10  state funds held by it under a deferred compensation plan, or

11  with such other appropriate official for all public funds held

12  by it under a deferred compensation plan of a county,

13  municipality, or other political subdivision, or

14  constitutional county officer, in an amount which equals at

15  least 150 percent of all uninsured deferred compensation funds

16  then held.

17         (b)  Said collateral shall be of the kind permitted by

18  s. 280.13 and shall be pledged in the manner provided for by

19  the applicable provisions of chapter 280.

20

21  The Treasurer shall have all the applicable powers provided in

22  ss. 280.04, 280.05, and 280.08 relating to the sale or other

23  disposition of the pledged collateral.

24         (12)  The Treasurer may adopt any rule necessary to

25  administer and implement this act with respect to deferred

26  compensation plans for state employees.

27         (13)  This subsection may not impair an existing

28  contract. In each county that has one or more constitutional

29  county officers, the board of county commissioners and the

30  constitutional county officers shall negotiate a joint

31  deferred compensation program for all their respective

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  1  employees under s. 163.01. If all parties to the negotiation

  2  cannot agree upon a joint deferred compensation program, the

  3  provisions of subsection (5) apply.

  4         Section 2.  This act shall take effect October 1, 2001.

  5

  6            *****************************************

  7                          SENATE SUMMARY

  8    Extends to employees of constitutional county officers
      under Section 1(d), Article VIII of the State
  9    Constitution the same eligibility to participate in a
      deferred compensation program as is currently provided to
10    state and local employees. Without impairing any existing
      contract, boards of county commissioners must negotiate
11    with constitutional officers to establish a joint
      deferred compensation program, but if all negotiating
12    parties cannot agree on a joint program, each employer is
      responsible for its own employees.
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