House Bill hb0815

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    Florida House of Representatives - 2001                 HB 815

        By Representative Cantens






  1                      A bill to be entitled

  2         An act relating to state employees; requiring

  3         the Department of Management Services and the

  4         Board of Regents to contract with a private

  5         vendor for a tax-sheltered plan for state

  6         employees who are eligible for payment for

  7         accumulated sick leave, annual leave, and

  8         special compensation payment upon termination

  9         of employment; providing conditions; providing

10         for continuous quality-assurance oversight;

11         authorizing employees to withdraw such funds

12         upon termination of employment; providing for a

13         tax-sheltered plan for certain career service

14         employees and employees participating in the

15         Deferred Retirement Option Program; creating s.

16         110.1315, F.S.; providing for alternative

17         benefits for other-personal-services employees;

18         providing an effective date.

19

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

21

22         Section 1.  Alternative benefits; tax-sheltered

23  annual-leave, sick-leave payments, and special compensation

24  payments.--

25         (1)  The Department of Management Services and the

26  Board of Regents on behalf of the State University System have

27  authority to adopt tax-sheltered plans under s. 401(a) of the

28  Internal Revenue Code for state employees who are eligible for

29  payment for accumulated leave. The department and the Board of

30  Regents, upon adoption of the plans, shall contract for a

31  private vendor or vendors to administer the plans. The plans

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    Florida House of Representatives - 2001                 HB 815

    702-142A-01






  1  must provide benefits in a manner that minimizes the tax

  2  liability of the state and participants. The plans must be

  3  funded by employer contributions of payments for accumulated

  4  leave and/or special compensation payments as specified by the

  5  department and the Board of Regents. The plans must have

  6  received all necessary federal and state approval as required

  7  by law, must not adversely impact the qualified status of the

  8  Florida Retirement System defined benefit or defined

  9  contribution plans or the pretax benefits program, and must

10  comply with the provisions of s. 112.65, Florida Statutes.

11  Adoption of the plans is contingent on the department and the

12  Board of Regents receiving favorable determination letters and

13  favorable private letters rulings from the Internal Revenue

14  Service, and being negotiated under the provisions of chapter

15  447, Florida Statutes, where applicable. The plans shall also

16  be contingent upon the Comptroller making appropriate changes

17  to the state payroll system. The department's and the Board of

18  Regent's request for proposals by vendors for such plans may

19  require that the vendors provide market-risk or volatility

20  ratings from recognized rating agencies for each of their

21  investment products. The department and the Board of Regents

22  shall provide for a system of continuous quality-assurance

23  oversight to ensure that the program objectives are achieved

24  and that the program is prudently managed.

25         (2)  Within 30 days after termination of employment, an

26  employee may elect to withdraw the moneys without penalty by

27  the plan administrator. If any employee is adversely affected

28  financially by a plan, the plan shall include a provision

29  which will provide the employee with no less cash than if the

30  employee had not participated in the plan.

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    Florida House of Representatives - 2001                 HB 815

    702-142A-01






  1         (3)  These contracts may be used by any other pay plans

  2  or personnel systems in the executive, legislative, or

  3  judicial branches of government upon approval of the

  4  appropriate administrative authority.

  5         (4)  Notwithstanding the terminal-pay provisions of s.

  6  110.122, Florida Statutes, the department and the Board of

  7  Regents shall contract for a tax-sheltered plan for leave and

  8  special compensation pay for employees terminating over age 55

  9  with 10 years of service and for employees participating in

10  the Deferred Retirement Option Program on July 1, 2001. The

11  frequency of payments into the plan shall be determined by the

12  department or as provided in the General Appropriations Act.

13  This plan or plans shall provide the greatest tax benefits to

14  the employees and maximize the savings to the state.

15         (5)  The department and the Board of Regents shall

16  determine by rule the design of the plans and the eligibility

17  of participants.

18         (6)  Nothing in this act shall be construed to remove

19  plan participants from the scope of s. 110.122(5), Florida

20  Statutes.

21         Section 2.  Section 110.1315, Florida Statutes, is

22  created to read:

23         110.1315  Alternative benefits; other-personal-services

24  employees.--Upon review and recommendation of the department

25  and approval of the Governor, the department may contract for

26  the implementation of an alternative retirement income

27  security program for eligible temporary and seasonal employees

28  of the state which is funded from appropriations for other

29  personal services. The contract may provide for a private

30  vendor or vendors to administer the program under a

31  defined-contribution plan under sections 401(a) and 403(b) or

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    Florida House of Representatives - 2001                 HB 815

    702-142A-01






  1  457 of the Internal Revenue Code, and the program must provide

  2  retirement benefits as required under section 3121(b)(7)(F) of

  3  the Internal Revenue Code. The department may develop a

  4  request for proposals and solicit qualified vendors to compete

  5  for the award of the contract. A vendor shall be elected on

  6  the basis of the plan that best serves the interest of the

  7  participating employees and the state. The proposal must

  8  comply with all necessary federal and state laws and rules and

  9  receive favorable determination letters from the Internal

10  Revenue Service prior to implementation.

11         Section 3.  This act shall take effect July 1, 2001.

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13            *****************************************

14                          HOUSE SUMMARY

15
      Requires the Department of Management Services and the
16    Board of Regents to contract with a private vendor for a
      tax-sheltered plan for state employees who are eligible
17    to receive payment for their accumulated sick leave,
      annual leave, or special compensation payment upon
18    termination of their employment. Specifies conditions and
      provides for funding by the contributions of the employer
19    for accumulated sick leave and annual leave. Provides for
      continual oversight. Authorizes state employees to
20    withdraw moneys from the plan upon termination of
      employment. Authorizes the department and the board to
21    determine by rule the calculation and frequency of
      payments into the plan. Provides for alternative benefits
22    for other-personal-services employees. See bill for
      details.
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