HOUSE AMENDMENT
    hbd-06                               Bill No. HB 649, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Representative(s) Cantens offered the following:
12  
13         Amendment (with title amendment) 
14         On page 1, line 13,
15  
16  insert:  
17         Section 1.  Paragraph (b) of subsection (1) of section
18  121.053, Florida Statutes, is amended to read:
19         121.053  Participation in the Elected Officers' Class
20  for retired members.--
21         (1)
22         (b)  Any retired member of the Florida Retirement
23  System, or any existing system as defined in s. 121.021(2),
24  who, on or after July 1, 1990, is serving in, or is elected or
25  appointed to, an elective office covered by the Elected
26  Officers' Class shall be enrolled in the appropriate subclass
27  of the Elected Officers' Class of the Florida Retirement
28  System, and applicable contributions shall be paid into the
29  Florida Retirement System Trust Fund as provided in s.
30  121.052(7).  Pursuant thereto:
31         1.  Any such retired member shall be eligible to
                                  1
    File original & 9 copies    05/01/01                          
    hbd0005                     06:29 pm         00649-0114-595207

HOUSE AMENDMENT hbd-06 Bill No. HB 649, 1st Eng. Amendment No. ___ (for drafter's use only) 1 continue to receive retirement benefits as well as 2 compensation for the elected officer service for as long as he 3 or she remains in an elective office covered by the Elected 4 Officers' Class. 5 2. If any such member serves in an elective office 6 covered by the Elected Officers' Class and becomes vested 7 under that class, he or she shall be entitled to receive an 8 additional retirement benefit for such elected officer 9 service. 10 3. Such member shall be entitled to purchase 11 additional retirement credit in the Elected Officers' Class 12 for any postretirement service performed in an elected 13 position eligible for the Elected Officers' Class prior to 14 July 1, 1990, or in the Regular Class for any postretirement 15 service performed in any other regularly established position 16 prior to July 1, 1991, by paying the applicable Elected 17 Officers' Class or Regular Class employee and employer 18 contributions for the period being claimed, plus 4 percent 19 interest compounded annually from the first year of service 20 claimed until July 1, 1975, and 6.5 percent interest 21 compounded thereafter, until full payment is made to the 22 Florida Retirement System Trust Fund. The contribution for 23 postretirement Regular Class service between July 1, 1985, and 24 July 1, 1991, for which the reemployed retiree contribution 25 was paid, shall be the difference between such contribution 26 and the total applicable contribution for the period being 27 claimed, plus interest. The employer of such member may pay 28 the applicable employer contribution in lieu of the member. If 29 a member does not wish to claim credit for all of the 30 postretirement service for which he or she is eligible, the 31 service the member claims must be the most recent service. 2 File original & 9 copies 05/01/01 hbd0005 06:29 pm 00649-0114-595207
HOUSE AMENDMENT hbd-06 Bill No. HB 649, 1st Eng. Amendment No. ___ (for drafter's use only) 1 4. Creditable service for which credit was received, 2 or which remained unclaimed, at retirement may not be claimed 3 or applied toward service credit earned following renewed 4 membership. However, service earned in accordance with the 5 renewed membership provisions in s. 121.122 may be used in 6 conjunction with creditable service earned under this 7 paragraph, provided applicable vesting requirements and other 8 existing statutory conditions required by this chapter are 9 met. 10 5. Any elected officer who is a participating member 11 of DROP may terminate participation at any time during the 12 60-month DROP participation period and elect to enroll in the 13 appropriate subclass of the Elected Officers' Class, including 14 participating in the Senior Management Service Class, 15 effective the first day of the following month. 16 Section 2. Subsection (1) and paragraph (b) of 17 subsection (13) of section 121.091, Florida Statutes, are 18 amended to read: 19 121.091 Benefits payable under the system.--Benefits 20 may not be paid under this section unless the member has 21 terminated employment as provided in s. 121.021(39)(a) or 22 begun participation in the Deferred Retirement Option Program 23 as provided in subsection (13), and a proper application has 24 been filed in the manner prescribed by the department. The 25 department may cancel an application for retirement benefits 26 when the member or beneficiary fails to timely provide the 27 information and documents required by this chapter and the 28 department's rules. The department shall adopt rules 29 establishing procedures for application for retirement 30 benefits and for the cancellation of such application when the 31 required information or documents are not received. 3 File original & 9 copies 05/01/01 hbd0005 06:29 pm 00649-0114-595207
HOUSE AMENDMENT hbd-06 Bill No. HB 649, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (1) NORMAL RETIREMENT BENEFIT.--Upon attaining his or 2 her normal retirement date, the member, upon application to 3 the administrator, shall receive a monthly benefit which shall 4 begin to accrue on the first day of the month of retirement 5 and be payable on the last day of that month and each month 6 thereafter during his or her lifetime. The normal retirement 7 benefit, including any past or additional retirement credit, 8 may not exceed 100 percent of the average final compensation. 9 The amount of monthly benefit shall be calculated as the 10 product of A and B, subject to the adjustment of C, if 11 applicable, as set forth below: 12 (a)1. For creditable years of Regular Class service, A 13 is 1.60 percent of the member's average final compensation, up 14 to the member's normal retirement date. Upon completion of the 15 first year after the normal retirement date, A is 1.63 percent 16 of the member's average final compensation. Following the 17 second year after the normal retirement date, A is 1.65 18 percent of the member's average final compensation. Following 19 the third year after the normal retirement date, and for 20 subsequent years, A is 1.68 percent of the member's average 21 final compensation. 22 2. For creditable years of special risk service, A is: 23 a. Two percent of the member's average final 24 compensation for all creditable years prior to October 1, 25 1974; 26 b. Three percent of the member's average final 27 compensation for all creditable years after September 30, 28 1974, and before October 1, 1978; 29 c. Two percent of the member's average final 30 compensation for all creditable years after September 30, 31 1978, and before January 1, 1989; 4 File original & 9 copies 05/01/01 hbd0005 06:29 pm 00649-0114-595207
HOUSE AMENDMENT hbd-06 Bill No. HB 649, 1st Eng. Amendment No. ___ (for drafter's use only) 1 d. Two and two-tenths percent of the member's final 2 monthly compensation for all creditable years after December 3 31, 1988, and before January 1, 1990; 4 e. Two and four-tenths percent of the member's average 5 final compensation for all creditable years after December 31, 6 1989, and before January 1, 1991; 7 f. Two and six-tenths percent of the member's average 8 final compensation for all creditable years after December 31, 9 1990, and before January 1, 1992; 10 g. Two and eight-tenths percent of the member's 11 average final compensation for all creditable years after 12 December 31, 1991, and before January 1, 1993; 13 h. Three percent of the member's average final 14 compensation for all creditable years after December 31, 1992; 15 and 16 i. Three percent of the member's average final 17 compensation for all creditable years of service after 18 September 30, 1978, and before January 1, 1993, for any 19 special risk member who retires after July 1, 2000, or any 20 member of the Special Risk Administrative Support Class 21 entitled to retain the special risk normal retirement date who 22 was a member of the Special Risk Class during the time period 23 and who retires after July 1, 2000. The provisions of this 24 sub-subparagraph shall extend also to those members with 25 creditable service in these classes who have served between 26 these dates and who have retired, are participants in the 27 deferred retirement option program, or have terminated 28 employment with vested rights before July 1, 2000. 29 3. For creditable years of Senior Management Service 30 Class service after January 31, 1987, A is 2 percent; 31 4. For creditable years of Elected Officers' Class 5 File original & 9 copies 05/01/01 hbd0005 06:29 pm 00649-0114-595207
HOUSE AMENDMENT hbd-06 Bill No. HB 649, 1st Eng. Amendment No. ___ (for drafter's use only) 1 service as a Supreme Court Justice, district court of appeal 2 judge, circuit judge, or county court judge, A is 3 1/3 3 percent of the member's average final compensation, and for 4 all other creditable service in such class, A is 3 percent of 5 average final compensation; 6 (b) B is the number of the member's years and any 7 fractional part of a year of creditable service earned 8 subsequent to November 30, 1970; and 9 (c) C is the normal retirement benefit credit brought 10 forward as of November 30, 1970, by a former member of an 11 existing system. Such normal retirement benefit credit shall 12 be determined as the product of X and Y when X is the 13 percentage of average final compensation which the member 14 would have been eligible to receive if the member had attained 15 his or her normal retirement date as of November 30, 1970, all 16 in accordance with the existing system under which the member 17 is covered on November 30, 1970, and Y is average final 18 compensation as defined in s. 121.021(25). However, any 19 member of an existing retirement system who is eligible to 20 retire and who does retire, become disabled, or die prior to 21 April 15, 1971, may have his or her retirement benefits 22 calculated on the basis of the best 5 of the last 10 years of 23 service. 24 (d) A member's average final compensation shall be 25 determined by formula to obtain the coverage for the 5 highest 26 fiscal years' salaries, calculated as provided by rule. 27 (13) DEFERRED RETIREMENT OPTION PROGRAM.--In general, 28 and subject to the provisions of this section, the Deferred 29 Retirement Option Program, hereinafter referred to as the 30 DROP, is a program under which an eligible member of the 31 Florida Retirement System may elect to participate, deferring 6 File original & 9 copies 05/01/01 hbd0005 06:29 pm 00649-0114-595207
HOUSE AMENDMENT hbd-06 Bill No. HB 649, 1st Eng. Amendment No. ___ (for drafter's use only) 1 receipt of retirement benefits while continuing employment 2 with his or her Florida Retirement System employer. The 3 deferred monthly benefits shall accrue in the System Trust 4 Fund on behalf of the participant, plus interest compounded 5 monthly, for the specified period of the DROP participation, 6 as provided in paragraph (c). Upon termination of employment, 7 the participant shall receive the total DROP benefits and 8 begin to receive the previously determined normal retirement 9 benefits. Participation in the DROP does not guarantee 10 employment for the specified period of DROP. 11 (b) Participation in the DROP.-- 12 1. An eligible member may elect to participate in the 13 DROP for a period not to exceed a maximum of 60 calendar 14 months immediately following the date on which the member 15 first reaches his or her normal retirement date or the date to 16 which he or she is eligible to defer his or her election to 17 participate as provided in subparagraph (a)2. However, a 18 member who has reached normal retirement date prior to the 19 effective date of the DROP shall be eligible to participate in 20 the DROP for a period of time not to exceed 60 calendar months 21 immediately following the effective date of the DROP, except a 22 member of the Special Risk Class who has reached normal 23 retirement date prior to the effective date of the DROP and 24 whose total accrued value exceeds 75 percent of average final 25 compensation as of his or her effective date of retirement 26 shall be eligible to participate in the DROP for no more than 27 36 calendar months immediately following the effective date of 28 the DROP. 29 2. Upon deciding to participate in the DROP, the 30 member shall submit, on forms required by the division: 31 a. A written election to participate in the DROP; 7 File original & 9 copies 05/01/01 hbd0005 06:29 pm 00649-0114-595207
HOUSE AMENDMENT hbd-06 Bill No. HB 649, 1st Eng. Amendment No. ___ (for drafter's use only) 1 b. Selection of the DROP participation and termination 2 dates, which satisfy the limitations stated in paragraph (a) 3 and subparagraph 1. Such termination date shall be in a 4 binding letter of resignation with the employer, establishing 5 a deferred termination date. The member may change the 6 termination date within the limitations of subparagraph 1., 7 but only with the written approval of his or her employer; 8 c. A properly completed DROP application for service 9 retirement as provided in this section; and 10 d. Any other information required by the division. 11 3. The DROP participant shall be a retiree under the 12 Florida Retirement System for all purposes, except for 13 paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363, 14 121.053, and 121.122. However, participation in the DROP does 15 not alter the participant's employment status and such 16 employee shall not be deemed retired from employment until his 17 or her deferred resignation is effective and termination 18 occurs as provided in s. 121.021(39). 19 4. Elected officers shall be eligible to participate 20 in the DROP subject to the following: 21 a. An elected officer who reaches normal retirement 22 date during a term of office may defer the election to 23 participate in the DROP until the next succeeding term in that 24 office. Such elected officer who exercises this option may 25 participate in the DROP for up to 60 calendar months or a 26 period of no longer than such succeeding term of office, 27 whichever is greater less. 28 b. An elected or a nonelected participant may run for 29 a term of office while participating in DROP and, if elected, 30 extend the DROP termination date accordingly, except, however, 31 if such additional term of office exceeds the 60-month 8 File original & 9 copies 05/01/01 hbd0005 06:29 pm 00649-0114-595207
HOUSE AMENDMENT hbd-06 Bill No. HB 649, 1st Eng. Amendment No. ___ (for drafter's use only) 1 limitation established in subparagraph 1., and the officer 2 does not resign from office within such 60-month limitation, 3 the retirement and the participant's DROP shall be null and 4 void as provided in sub-subparagraph (c)5.d. 5 c. An elected officer who is dually employed and 6 elects to participate in DROP shall be required to satisfy the 7 definition of termination within the 60-month limitation 8 period as provided in subparagraph 1. for the nonelected 9 position and may continue employment as an elected officer as 10 provided in s. 121.053. The elected officer will be enrolled 11 as a renewed member in the Elected Officers' Class or the 12 Regular Class, as provided in ss. 121.053 and 121.22, on the 13 first day of the month after termination of employment in the 14 nonelected position and termination of DROP. Distribution of 15 the DROP benefits shall be made as provided in paragraph (c). 16 d. An elected officer who is elected or appointed to 17 an elective office is not subject to reemployment limitations 18 as provided in chapter 121. 19 20 21 ================ T I T L E A M E N D M E N T =============== 22 And the title is amended as follows: 23 On page 1, line 5, after "disabilities;" 24 25 insert: 26 amending s. 121.053, F.S.; authorizing elected 27 officers participating in DROP to terminate 28 participation in DROP and enroll in a subclass 29 of the Elected Officers' Class; amending s. 30 121.091, F.S.; providing for a repurchase of 31 prior service credit for certain members of the 9 File original & 9 copies 05/01/01 hbd0005 06:29 pm 00649-0114-595207
HOUSE AMENDMENT hbd-06 Bill No. HB 649, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Special Risk Class or Special Risk 2 Administrative Support Class of the Florida 3 Retirement System who retired or terminated 4 employment before July 1, 2000; increasing the 5 time for participation in the Deferred 6 Retirement Option Program for members of the 7 elected officers class of the Florida 8 Retirement System; providing that elected 9 officers are not subject to reemployment 10 limitations; 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 10 File original & 9 copies 05/01/01 hbd0005 06:29 pm 00649-0114-595207