House Bill hb0807er

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  1

  2         An act relating to the Florida Retirement

  3         System; amending s. 121.4501, F.S., relating to

  4         the Public Employee Optional Retirement

  5         Program; amending the definition of "eligible

  6         employee"; providing for an extension of time

  7         to transfer assets from the defined benefit

  8         plan in the event of market disruption;

  9         providing for acceptance of rollovers;

10         requiring that the election be filed with the

11         third-party administrator; amending the

12         earnings rate for funds in the suspense account

13         to be invested by the board; providing for

14         spousal notification of designation of

15         beneficiary; providing for spousal rollovers to

16         an eligible retirement plan; providing

17         authorization for statements under oath;

18         amending s. 110.123, F.S.; redefining the term

19         "retired state officer or employee" or

20         "retiree" to include an officer or employee who

21         retires under the Public Employee Optional

22         Retirement Program under certain circumstances;

23         amending s. 110.205, F.S.; granting senior

24         management service benefits to county health

25         department directors and administrators;

26         amending ss. 121.052, 121.055, and 121.071,

27         F.S.; amending s. 121.052, F.S.; revising the

28         membership requirements of the Elected

29         Officers' Class of the system to include

30         certain sheriffs and clerks of the circuit

31         court; making the date for payment of


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  1         retirement contributions consistent under the

  2         Florida Retirement System defined benefit and

  3         defined contribution programs; providing

  4         eligibility of certain officials for membership

  5         in the Senior Management Service Class of the

  6         Florida Retirement System; revising provisions

  7         governing contributions to the Senior

  8         Management Service Optional Annuity Program;

  9         amending s. 121.35, F.S.; authorizing

10         contributions to the optional retirement

11         program in the form of rollovers or direct

12         trustee-to-trustee transfers; expanding the

13         methods for disbursing benefits; amending s.

14         121.4501, F.S., relating to the Public Employee

15         Optional Retirement Program; updating

16         definitions; establishing dates on which

17         present value calculations are based;

18         conforming election provisions for local

19         government employees to provisions applicable

20         to other employees; providing for the effective

21         date of enrollment for certain employers;

22         providing for the transfer of contributions

23         under certain circumstances; transferring

24         certain provisions relating to payment of

25         benefits to s. 121.591, F.S., as created in the

26         act; amending s. 121.571, F.S., relating to

27         employer contributions to the Public Employee

28         Optional Retirement Program; adjusting rates;

29         making the date for payment of retirement

30         contributions consistent under the Florida

31         Retirement System defined benefit and defined


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  1         contribution programs; creating s. 121.591,

  2         F.S., relating to benefits payable under the

  3         Public Employee Optional Retirement Program;

  4         providing for payment of the normal benefit

  5         upon termination; providing for disability

  6         retirement benefits; providing for transfer of

  7         certain funds; specifying eligibility

  8         requirements; providing procedure and required

  9         documentation; providing for computation of the

10         disability benefit; providing for

11         reapplication; providing for membership;

12         providing an option to cancel; providing for

13         reexamination and other matters relating to

14         recovery from disability; providing

15         nonadmissible causes of disability; providing

16         for disability retirement of justices or

17         judges; providing for payment of death

18         benefits; providing for spousal notification in

19         certain cases; updating death benefit

20         distribution provisions to conform to recent

21         changes in federal law; providing protection of

22         benefits from assignment, execution, etc.;

23         providing a declaration of important state

24         interest; authorizing the Department of

25         Management Services to contract with a private

26         company to administer the disability benefit

27         program; authorizing the department to provide

28         for an alternative method to administer and

29         fund disability benefits; requiring the

30         department to seek a private letter ruling from

31         the Internal Revenue Service with respect to


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    2002 Legislature                   CS/HB 807, Second Engrossed



  1         the disability retirement program; providing

  2         rulemaking authority; amending s. 121.053,

  3         F.S., relating to termination requirements and

  4         benefits of elected officers participating in

  5         the Deferred Retirement Option Program

  6         termination requirements for elected officers;

  7         amending s. 121.091, F.S.; authorizing an

  8         employing agency to reemploy a retired member

  9         as a firefighter or paramedic after a specified

10         period; eliminating an exemption from

11         termination limitations provided for elected

12         officers; amending s. 121.0515, F.S.; providing

13         for including service in fire prevention or

14         firefighter training as creditable service;

15         authorizing certain employees to purchase

16         additional retirement credit; providing

17         legislative intent with respect to funding

18         retirement benefits; amending s. 121.021, F.S.;

19         redefining the terms "compensation" and "bonus"

20         for purposes of the system; providing an

21         effective date.

22

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

24

25         Section 1.  Paragraph (d) of subsection (2), paragraph

26  (c) of subsection (3), paragraphs (a), (b), and (c) of

27  subsection (4), subsection (6), paragraphs (c) and (e) of

28  subsection (7), and paragraph (a) of subsection (8) of section

29  121.4501, Florida Statutes, are amended, and paragraph (c) is

30  added to subsection (5) of said section, to read:

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    2002 Legislature                   CS/HB 807, Second Engrossed



  1         121.4501  Public Employee Optional Retirement

  2  Program.--

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

  4         (d)  "Eligible employee" means an officer or employee,

  5  as defined in s. 121.021(11), who:

  6         1.  Is a member of, or is eligible for membership in,

  7  the Florida Retirement System, including any renewed member of

  8  the Florida Retirement System;

  9         2.  Participates in, or is eligible to participate in,

10  the Senior Management Service Optional Annuity Program as

11  established under s. 121.055(6); or

12         3.  Is eligible to participate in, but does not

13  participate in, the State University System Optional

14  Retirement Program established under s. 121.35 or the State

15  Community College System Optional Retirement Program

16  established under s. 121.051(2)(c).

17

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

19  Retirement System, any member participating in the Deferred

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

21  any employee participating in an optional retirement program

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

23         (3)  ELIGIBILITY; RETIREMENT SERVICE CREDIT.--

24         (c)1.  Notwithstanding paragraph (b), each eligible

25  employee who elects to participate in the Public Employee

26  Optional Retirement Program and establishes one or more

27  individual participant accounts under the optional program may

28  elect to transfer to the optional program a sum representing

29  the present value of the employee's accumulated benefit

30  obligation under the defined benefit retirement program of the

31  Florida Retirement System. Upon such transfer, all service


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    2002 Legislature                   CS/HB 807, Second Engrossed



  1  credit previously earned under the defined benefit program of

  2  the Florida Retirement System shall be nullified for purposes

  3  of entitlement to a future benefit under the defined benefit

  4  program of the Florida Retirement System. A participant is

  5  precluded from transferring the accumulated benefit obligation

  6  balance from the defined benefit program upon the expiration

  7  of the period afforded to enroll in the optional program.

  8         2.  For purposes of this subsection, the present value

  9  of the member's accumulated benefit obligation is based upon

10  the member's estimated creditable service and estimated

11  average final compensation as of midnight of the day prior to

12  the opening of the election window for the employee. The

13  actuarial present value of the employee's accumulated benefit

14  obligation shall be based on the following:

15         a.  The discount rate and other relevant actuarial

16  assumptions used to value the Florida Retirement System Trust

17  Fund at the time the amount to be transferred is determined,

18  consistent with the factors provided in sub-subparagraphs b.

19  and c.

20         b.  A benefit commencement age, based on the member's

21  estimated creditable service as of midnight on May 31, 2002.

22  The benefit commencement age shall be the younger of the

23  following, but shall not be younger than the member's age as

24  of midnight on May 31, 2002:

25         (I)  Age 62; or

26         (II)  The age the member would attain if the member

27  completed 30 years of service with an employer, assuming the

28  member worked continuously from May 31, 2002, and disregarding

29  any vesting requirement that would otherwise apply under the

30  defined benefit program of the Florida Retirement System.

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    2002 Legislature                   CS/HB 807, Second Engrossed



  1         c.  For members of the Special Risk Class and for

  2  members of the Special Risk Administrative Support Class

  3  entitled to retain special risk normal retirement date, the

  4  benefit commencement age shall be the younger of the

  5  following, but shall not be younger than the member's age as

  6  of midnight on May 31, 2002:

  7         (I)  Age 55; or

  8         (II)  The age the member would attain if the member

  9  completed 25 years of service with an employer, assuming the

10  member worked continuously from May 31, 2002, and disregarding

11  any vesting requirement that would otherwise apply under the

12  defined benefit program of the Florida Retirement System.

13         d.  The calculation shall disregard vesting

14  requirements and early retirement reduction factors that would

15  otherwise apply under the defined benefit retirement program.

16         3.  For each participant who elects to transfer moneys

17  from the defined benefit program to his or her account in the

18  optional program, the division shall recompute the amount

19  transferred under subparagraph 2. not later than 60 days after

20  the actual transfer of funds based upon the participant's

21  actual creditable service and actual final average

22  compensation as of the initial date of participation in the

23  optional program. If the recomputed amount differs from the

24  amount transferred under subparagraph 2. by $10 or more, the

25  division shall:

26         a.  Transfer, or cause to be transferred, from the

27  Florida Retirement System Trust Fund to the participant's

28  account in the optional program the excess, if any, of the

29  recomputed amount over the previously transferred amount

30  together with interest from the initial date of transfer to

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  1  the date of transfer under this subparagraph, based upon 8

  2  percent effective annual interest, compounded annually.

  3         b.  Transfer, or cause to be transferred, from the

  4  participant's account to the Florida Retirement System Trust

  5  Fund the excess, if any, of the previously transferred amount

  6  over the recomputed amount, together with interest from the

  7  initial date of transfer to the date of transfer under this

  8  subparagraph, based upon 6 percent effective annual interest,

  9  compounded annually, pro rata based on the participant's

10  allocation plan.

11         4.  As directed by the participant, the board shall

12  transfer or cause to be transferred the appropriate amounts to

13  the designated accounts. The board shall establish transfer

14  procedures by rule, but the actual transfer shall not be later

15  than 30 days after the effective date of the member's

16  participation in the optional program unless the major

17  financial markets for securities available for a transfer are

18  seriously disrupted by an unforeseen event which also causes

19  the suspension of trading on any national securities exchange

20  in the country where the securities were issued. In that

21  event, such 30-day period of time may be extended by a

22  resolution of the trustees. Transfers are not commissionable

23  or subject to other fees and may be in the form of securities

24  or cash as determined by the state board. Such securities

25  shall be valued as of the date of receipt in the participant's

26  account.

27         5.  If the board or the division receives notification

28  from the United States Internal Revenue Service that this

29  paragraph or any portion of this paragraph will cause the

30  retirement system, or a portion thereof, to be disqualified

31  for tax purposes under the Internal Revenue Code, then the


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  1  portion that will cause the disqualification does not apply.

  2  Upon such notice, the state board and the division shall

  3  notify the presiding officers of the Legislature.

  4         (4)  PARTICIPATION; ENROLLMENT.--

  5         (a)1.  With respect to an eligible employee who is

  6  employed in a regularly established position on June 1, 2002,

  7  by a state employer:

  8         a.  Any such employee may elect to participate in the

  9  Public Employee Optional Retirement Program in lieu of

10  retaining his or her membership in the defined benefit program

11  of the Florida Retirement System. The election must be made in

12  writing or by electronic means and must be filed with the

13  third-party administrator by August 31 department and the

14  personnel officer of the employer within 90 days after June 1,

15  2002, or, in the case of an active employee who is on a leave

16  of absence on April June 1, 2002, by August 31, 2002, or

17  within 90 days after the conclusion of the leave of absence,

18  whichever is later. This election is irrevocable, except as

19  provided in paragraph (e). Upon making such election, the

20  employee shall be enrolled as a participant of the Public

21  Employee Optional Retirement Program, the employee's

22  membership in the Florida Retirement System shall be governed

23  by the provisions of this part, and the employee's membership

24  in the defined benefit program of the Florida Retirement

25  System shall terminate. The employee's enrollment in the

26  Public Employee Optional Retirement Program shall be effective

27  the first day of the month for which a full month's employer

28  contribution is made to the optional program.

29         b.  Any such employee who fails to elect to participate

30  in the Public Employee Optional Retirement Program within the

31  prescribed time period 90 days is deemed to have elected to


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  1  retain membership in the defined benefit program of the

  2  Florida Retirement System, and the employee's option to elect

  3  to participate in the optional program is forfeited.

  4         2.  With respect to employees who become eligible to

  5  participate in the Public Employee Optional Retirement Program

  6  by reason of employment in a regularly established position

  7  with a state employer commencing after April June 1, 2002:

  8         a.  Any such employee shall, by default, be enrolled in

  9  the defined benefit retirement program of the Florida

10  Retirement System at the commencement of employment, and may,

11  by the end of the fifth month following the employee's month

12  of hire within 180 days after employment commences, elect to

13  participate in the Public Employee Optional Retirement

14  Program. The employee's election must be made in writing or by

15  electronic means and must be filed with the third-party

16  administrator personnel officer of the employer. The election

17  to participate in the optional program is irrevocable, except

18  as provided in paragraph (e).

19         b.  If the employee files such election before the

20  initial payroll is submitted for the employee, enrollment in

21  the Public Employee Optional Retirement Program shall be

22  effective on the first day of employment.

23         c.  If the employee files such election within the

24  prescribed time period 180 days after employment commences,

25  but after the initial payroll is submitted for the employee,

26  enrollment in the optional program shall be effective on the

27  first day of the month for which a full month's employer

28  contribution is made to the optional program.

29         d.  Any such employee who fails to elect to participate

30  in the Public Employee Optional Retirement Program within the

31  prescribed time period 180 days is deemed to have elected to


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  1  retain membership in the defined benefit program of the

  2  Florida Retirement System, and the employee's option to elect

  3  to participate in the optional program is forfeited.

  4         3.  For purposes of this paragraph, "state employer"

  5  means any agency, board, branch, commission, community

  6  college, department, institution, institution of higher

  7  education, or water management district of the state, which

  8  participates in the Florida Retirement System for the benefit

  9  of certain employees.

10         (b)1.  With respect to an eligible employee who is

11  employed in a regularly established position on September 1,

12  2002, by a district school board employer:

13         a.  Any such employee may elect to participate in the

14  Public Employee Optional Retirement Program in lieu of

15  retaining his or her membership in the defined benefit program

16  of the Florida Retirement System. The election must be made in

17  writing or by electronic means and must be filed with the

18  third-party administrator by November 30 department and the

19  personnel officer of the employer within 90 days after

20  September 1, 2002, or, in the case of an active employee who

21  is on a leave of absence on July September 1, 2002, by

22  November 30, 2002, or within 90 days after the conclusion of

23  the leave of absence, whichever is later. This election is

24  irrevocable, except as provided in paragraph (e). Upon making

25  such election, the employee shall be enrolled as a participant

26  of the Public Employee Optional Retirement Program, the

27  employee's membership in the Florida Retirement System shall

28  be governed by the provisions of this part, and the employee's

29  membership in the defined benefit program of the Florida

30  Retirement System shall terminate. The employee's enrollment

31  in the Public Employee Optional Retirement Program shall be


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  1  effective the first day of the month for which a full month's

  2  employer contribution is made to the optional program.

  3         b.  Any such employee who fails to elect to participate

  4  in the Public Employee Optional Retirement Program within the

  5  prescribed time period 90 days is deemed to have elected to

  6  retain membership in the defined benefit program of the

  7  Florida Retirement System, and the employee's option to elect

  8  to participate in the optional program is forfeited.

  9         2.  With respect to employees who become eligible to

10  participate in the Public Employee Optional Retirement Program

11  by reason of employment in a regularly established position

12  with a district school board employer commencing after July

13  September 1, 2002:

14         a.  Any such employee shall, by default, be enrolled in

15  the defined benefit retirement program of the Florida

16  Retirement System at the commencement of employment, and may,

17  by the end of the fifth month following the employee's month

18  of hire within 180 days after employment commences, elect to

19  participate in the Public Employee Optional Retirement

20  Program. The employee's election must be made in writing or by

21  electronic means and must be filed with the third-party

22  administrator personnel officer of the employer. The election

23  to participate in the optional program is irrevocable, except

24  as provided in paragraph (e).

25         b.  If the employee files such election before the

26  initial payroll is submitted for the employee, enrollment in

27  the Public Employee Optional Retirement Program shall be

28  effective on the first day of employment.

29         c.  If the employee files such election within the

30  prescribed time period 180 days after employment commences,

31  but after the initial payroll is submitted for the employee,


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  1  enrollment in the optional program shall be effective on the

  2  first day of the month for which a full month's employer

  3  contribution is made to the optional program.

  4         d.  Any such employee who fails to elect to participate

  5  in the Public Employee Optional Retirement Program within the

  6  prescribed time period 180 days is deemed to have elected to

  7  retain membership in the defined benefit program of the

  8  Florida Retirement System, and the employee's option to elect

  9  to participate in the optional program is forfeited.

10         3.  For purposes of this paragraph, "district school

11  board employer" means any district school board that

12  participates in the Florida Retirement System for the benefit

13  of certain employees, or a charter school or charter technical

14  career center that participates in the Florida Retirement

15  System as provided in s. 121.051(2)(d).

16         (c)1.  With respect to an eligible employee who is

17  employed in a regularly established position on December 1,

18  2002, by a local employer:

19         a.  Any such employee may elect to participate in the

20  Public Employee Optional Retirement Program in lieu of

21  retaining his or her membership in the defined benefit program

22  of the Florida Retirement System. The election must be made in

23  writing or by electronic means and must be filed with the

24  third-party administrator by February 28, 2003 department and

25  the personnel officer of the employer within 90 days after

26  December 1, 2002, or, in the case of an active employee who is

27  on a leave of absence on October December 1, 2002, by February

28  28, 2003, or within 90 days after the conclusion of the leave

29  of absence, whichever is later. This election is irrevocable.

30  Upon making such election, the employee shall be enrolled as a

31  participant of the Public Employee Optional Retirement


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  1  Program, the employee's membership in the Florida Retirement

  2  System shall be governed by the provisions of this part, and

  3  the employee's membership in the defined benefit program of

  4  the Florida Retirement System shall terminate. The employee's

  5  enrollment in the Public Employee Optional Retirement Program

  6  shall be effective the first day of the month for which a full

  7  month's employer contribution is made to the optional program.

  8         b.  Any such employee who fails to elect to participate

  9  in the Public Employee Optional Retirement Program within the

10  prescribed time period 90 days is deemed to have elected to

11  retain membership in the defined benefit program of the

12  Florida Retirement System, and the employee's option to elect

13  to participate in the optional program is forfeited.

14         2.  With respect to employees who become eligible to

15  participate in the Public Employee Optional Retirement Program

16  by reason of employment in a regularly established position

17  with a local employer commencing after October December 1,

18  2002:

19         a.  Any such employee shall, by default, be enrolled in

20  the defined benefit retirement program of the Florida

21  Retirement System at the commencement of employment, and may,

22  by the end of the fifth month following the employee's month

23  of hire within 180 days after employment commences, elect to

24  participate in the Public Employee Optional Retirement

25  Program. The employee's election must be made in writing or by

26  electronic means and must be filed with the third-party

27  administrator personnel officer of the employer. The election

28  to participate in the optional program is irrevocable, except

29  as provided in paragraph (e).

30         b.  If the employee files such election before the

31  initial payroll is submitted for the employee, enrollment in


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  1  the Public Employee Optional Retirement Program shall be

  2  effective on the first day of employment.

  3         c.  If the employee files such election within the

  4  prescribed time period 180 days after employment commences,

  5  but after the initial payroll is submitted for the employee,

  6  enrollment in the optional program shall be effective on the

  7  first day of the month for which a full month's employer

  8  contribution is made to the optional program.

  9         d.  Any such employee who fails to elect to participate

10  in the Public Employee Optional Retirement Program within the

11  prescribed time period 180 days is deemed to have elected to

12  retain membership in the defined benefit program of the

13  Florida Retirement System, and the employee's option to elect

14  to participate in the optional program is forfeited.

15         3.  For purposes of this paragraph, "local employer"

16  means any employer not included in paragraph (a) or paragraph

17  (b).

18         (5)  CONTRIBUTIONS.--

19         (c)  The Public Employee Optional Retirement Program

20  may accept for deposit into participant accounts contributions

21  in the form of rollovers or direct trustee-to-trustee

22  transfers by or on behalf of participants, reasonably

23  determined by the board to be eligible for rollover or

24  transfer to the optional retirement program pursuant to the

25  Internal Revenue Code, if such contributions are made in

26  accordance with rules as may be adopted by the board. Such

27  contributions shall be accounted for in accordance with any

28  applicable Internal Revenue Code requirements and rules of the

29  board.

30         (6)  VESTING REQUIREMENTS.--

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  1         (a)1.  With respect to employer contributions paid on

  2  behalf of the participant to the Public Employee Optional

  3  Retirement Program, plus interest and earnings thereon and

  4  less investment fees and administrative charges, a participant

  5  shall be vested after completing 1 work year, as defined in s.

  6  121.021(54), with an employer, including any service while the

  7  participant was a member of the defined benefit retirement

  8  program or an optional retirement program authorized under s.

  9  121.051(2)(c) or s. 121.055(6).

10         2.  If the participant terminates employment prior to

11  satisfying the vesting requirements, the nonvested

12  accumulation shall be transferred from the participant's

13  accounts to the state board for deposit and investment by the

14  board in the suspense account of the Public Employee Optional

15  Retirement Program Trust Fund of the board. If the terminated

16  participant is reemployed as an eligible employee within 5

17  years, the state board shall transfer to the participant's

18  account any amount of the moneys previously transferred from

19  the participant's accounts to the suspense account of the

20  Public Employee Optional Retirement Program Trust Fund, plus

21  the actual earnings on such amount while in the suspense

22  account interest calculated at 3.0 percent per annum,

23  calculated from the date of transfer to the date of

24  reemployment.

25         (b)1.  A participant shall be vested in the amount

26  transferred from the defined benefit program, plus interest

27  and earnings thereon and less administrative charges and

28  investment fees, upon meeting the service requirements for the

29  participant's membership class as set forth in s. 121.021(29).

30  The third-party administrator shall account for such amounts

31  for each participant. The division shall notify the


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  1  participant and the third-party administrator when the

  2  participant has satisfied the vesting period for Florida

  3  Retirement System purposes.

  4         2.  If the participant terminates employment prior to

  5  satisfying the vesting requirements, the nonvested

  6  accumulation shall be transferred from the participant's

  7  accounts to the state board for deposit and investment by the

  8  board in the suspense account of the Public Employee Optional

  9  Retirement Program Trust Fund of the board. If the terminated

10  participant is reemployed as an eligible employee within 5

11  years, the state board shall transfer to the participant's

12  account any amount of the moneys previously transferred from

13  the participant's accounts to the suspense account of the

14  Public Employee Optional Retirement Program Trust Fund, plus

15  the actual earnings on such amount while in the suspense

16  account interest calculated at 6.0 percent per annum,

17  calculated from the date of transfer to the date of

18  reemployment.

19         (c)  Any nonvested accumulations transferred from a

20  participant's account to the suspense account shall be

21  forfeited by the participant if the participant is not

22  reemployed as an eligible employee within 5 years after

23  termination.

24         (7)  BENEFITS.--Under the Public Employee Optional

25  Retirement Program:

26         (c)  Benefits shall be payable in accordance with the

27  following terms and conditions:

28         1.  To the extent vested, benefits shall be payable

29  only to a participant, or to his or her beneficiaries as

30  designated by the participant. If a participant designates a

31  beneficiary who is not the participant's spouse, the


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  1  participant's spouse shall be notified. This requirement shall

  2  not apply to the designation of a contingent beneficiary

  3  designated to receive benefits hereunder in the event the

  4  participant's spouse dies before such contingent beneficiary.

  5         2.  Benefits shall be paid by the third-party

  6  administrator or designated approved providers in accordance

  7  with the law, the contracts, and any applicable board rule or

  8  policy.

  9         3.  To begin receiving the benefits, the participant

10  must be terminated from all employment with all Florida

11  Retirement System employers, as provided in s. 121.021(39), or

12  the participant must be deceased. If a participant elects to

13  receive his or her benefits upon termination of employment,

14  the participant must submit a written application to the

15  third-party administrator indicating his or her preferred

16  distribution date and selecting an authorized method of

17  distribution as provided in paragraph (d). The participant may

18  defer receipt of benefits until he or she chooses to make such

19  application, subject to federal requirements.

20         4.  In the event of a participant's death, moneys

21  accumulated by, or on behalf of, the participant, less

22  withholding taxes remitted to the Internal Revenue Service,

23  shall be distributed to the participant's designated

24  beneficiary or beneficiaries, or to the participant's estate,

25  as if the participant retired on the date of death, as

26  provided in paragraph (e). No other death benefits shall be

27  available for survivors of participants under the Public

28  Employee Optional Retirement Program, except for such

29  benefits, or coverage for such benefits, as are separately

30  afforded by the employer, at the employer's discretion.

31         (e)  Survivor benefits shall be payable as:


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  1         1.  A lump-sum distribution payable to the

  2  beneficiaries, or to the deceased participant's estate;

  3         2.  An eligible rollover distribution on behalf of the

  4  surviving spouse of a deceased participant, whereby all

  5  accrued benefits, plus interest and investment earnings, are

  6  paid from the deceased participant's account directly to the

  7  custodian of an eligible retirement plan individual retirement

  8  account or an individual retirement annuity, as described in

  9  s. 402(c)(8)(B)(9) of the Internal Revenue Code, on behalf of

10  the surviving spouse; or

11         3.  A partial lump-sum payment whereby a portion of the

12  accrued benefit is paid to the deceased participant's

13  surviving spouse or other designated beneficiaries, less

14  withholding taxes remitted to the Internal Revenue Service,

15  and the remaining amount is transferred directly to the

16  custodian of an individual retirement account or an individual

17  retirement annuity, as described in s. 402(c)(9) of the

18  Internal Revenue Code, on behalf of the surviving spouse. The

19  proportions must be specified by the participant or the

20  surviving beneficiary.

21

22  This paragraph does not abrogate other applicable provisions

23  of state or federal law providing for payment of death

24  benefits.

25         (8)  ADMINISTRATION OF PROGRAM.--

26         (a)  The Public Employee Optional Retirement Program

27  shall be administered by the state board and affected

28  employers. The board is authorized to require oaths, by

29  affidavit or otherwise, and acknowledgments from persons in

30  connection with the administration of its duties and

31  responsibilities under this chapter. No oath, by affidavit or


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  1  otherwise, shall be required of an employee participant at the

  2  time of election. Acknowledgement of an employee's election to

  3  participate in the program shall be no greater than necessary

  4  to confirm the employee's election. The board shall adopt

  5  rules establishing the role and responsibilities of affected

  6  state, local government, and education-related employers, the

  7  state board, the department, and third-party contractors in

  8  administering the Public Employee Optional Retirement Program.

  9  The department shall adopt rules necessary to implement the

10  optional program in coordination with the defined benefit

11  retirement program and the disability benefits available under

12  the optional program.

13         Section 2.  Paragraph (g) of subsection (2), paragraph

14  (g) of subsection (3), and paragraph (h) of subsection (4) of

15  section 110.123, Florida Statutes, are amended to read:

16         110.123  State group insurance program.--

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

18         (g)  "Retired state officer or employee" or "retiree"

19  means any state officer or state employee who retires under a

20  state retirement system or a state optional annuity or

21  retirement program or is placed on disability retirement, and

22  who was insured under the state group insurance program at the

23  time of retirement, and who begins receiving retirement

24  benefits immediately after retirement from state office or

25  employment. In addition to these requirements, any state

26  officer or state employee who retires under the Public

27  Employee Optional Retirement Program established under part II

28  of chapter 121 shall be considered a "retired state officer or

29  employee" or "retiree" as used in this section if he or she:

30         1.  Meets the age and service requirements to qualify

31  for normal retirement as set forth in s. 121.021(29); or


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  1         2.  Has attained the age specified by s. 72(t)(2)(A)(i)

  2  of the Internal Revenue Code and has 6 years of creditable

  3  service.

  4         (3)  STATE GROUP INSURANCE PROGRAM.--

  5         (g)  Participation by individuals in the program shall

  6  be available to all state officers, full-time state employees,

  7  and part-time state employees; and such participation in the

  8  program or any plan thereof shall be voluntary. Participation

  9  in the program shall also be available to retired state

10  officers and employees, as defined in paragraph (2)(g), who

11  elect at the time of retirement to continue coverage under the

12  program, but they may elect to continue all or only part of

13  the coverage they had at the time of retirement. A surviving

14  spouse may elect to continue coverage only under the state

15  group health insurance plan or a health maintenance

16  organization plan.

17         (4)  PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE;

18  LIMITATION ON ACTIONS TO PAY AND COLLECT PREMIUMS.--

19         (h)  State employees may participate in the state group

20  health insurance plan at the time of receiving their state

21  retirement benefits.

22         Section 3.  Paragraphs (j) and (q) of subsection (2) of

23  section 110.205, Florida Statutes, are amended to read:

24         110.205  Career service; exemptions.--

25         (2)  EXEMPT POSITIONS.--The exempt positions that are

26  not covered by this part include the following:

27         (j)  The appointed secretaries, assistant secretaries,

28  deputy secretaries, and deputy assistant secretaries of all

29  departments; the executive directors, assistant executive

30  directors, deputy executive directors, and deputy assistant

31  executive directors of all departments; and the directors of


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  1  all divisions and those positions determined by the department

  2  to have managerial responsibilities comparable to such

  3  positions, which positions include, but are not limited to,

  4  program directors, assistant program directors, district

  5  administrators, deputy district administrators, the Director

  6  of Central Operations Services of the Department of Children

  7  and Family Services, and the State Transportation Planner,

  8  State Highway Engineer, State Public Transportation

  9  Administrator, district secretaries, district directors of

10  planning and programming, production, and operations, and the

11  managers of the offices specified in s. 20.23(3)(d)2., of the

12  Department of Transportation.  Unless otherwise fixed by law,

13  the department shall set the salary and benefits of these

14  positions in accordance with the rules of the Senior

15  Management Service; and the county health department directors

16  and county health department administrators of the Department

17  of Health.

18         (q)  The staff directors, assistant staff directors,

19  district program managers, district program coordinators,

20  district subdistrict administrators, district administrative

21  services directors, district attorneys, and the Deputy

22  Director of Central Operations Services of the Department of

23  Children and Family Services and the county health department

24  directors and county health department administrators of the

25  Department of Health. Unless otherwise fixed by law, the

26  department shall establish the salary range and benefits for

27  these positions in accordance with the rules of the Selected

28  Exempt Service.

29         Section 4.  Paragraph (d) of subsection (2) and

30  subsection (7) of section 121.052, Florida Statutes, as

31


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  1  amended by chapter 2001-262, Laws of Florida, are amended to

  2  read:

  3         121.052  Membership class of elected officers.--

  4         (2)  MEMBERSHIP.--The following holders of elective

  5  office, hereinafter referred to as "elected officers," whether

  6  assuming elective office by election, reelection, or

  7  appointment, are members of the Elected Officers' Class,

  8  except as provided in subsection (3):

  9         (d)  Any constitutional county elected officer assuming

10  office on or after July 1, 1981, including any sheriff, tax

11  collector, property appraiser, supervisor of elections, clerk

12  of the circuit court, county commissioner, school board

13  member, or elected school board superintendent, or any elected

14  officer of any entity with countywide jurisdiction assuming

15  office on or after July 1, 1981, who, pursuant to general or

16  special law, exercises powers and duties that, but for such

17  general or special law, would be exercised by any of the

18  constitutional county elected officers set forth in this

19  paragraph, including the sheriff and clerk of the circuit

20  court in a consolidated government with countywide

21  jurisdiction unless such sheriff or clerk elected to continue

22  to participate in a local retirement system.

23         (7)  CONTRIBUTIONS.--

24         (a)  The following table states the required retirement

25  contribution rates for members of the Elected Officers' Class

26  and their employers in terms of a percentage of the member's

27  gross compensation. A change in a contribution rate is

28  effective with the first salary paid on or after the beginning

29  date of the change. Contributions shall be made or deducted as

30  may be appropriate for each pay period and are in addition to

31


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  1  the contributions required for social security and the Retiree

  2  Health Insurance Subsidy Trust Fund.

  3

  4  Dates of Contribution

  5    Rate Changes                             Members   Employers

  6  Effective July 1, 2001

  7    Legislators                                 0%       15.14%

  8    Governor, Lt. Governor, Cabinet

  9    Officers                                    0%       15.14%

10    State Attorneys, Public Defenders           0%       15.14%

11    Justices, Judges                            0%       20.61%

12    County Elected Officers                     0%       17.61%

13

14         (b)  The employer paying the salary of a member of the

15  Elected Officers' Class shall contribute an amount as

16  specified in this subsection which shall constitute the entire

17  employer retirement contribution with respect to such member.

18  The employer shall also withhold one-half of the entire

19  contribution of the member required for social security

20  coverage.

21         (c)  The following table states the required employer

22  contribution on behalf of each member of the Elected Officers'

23  Class in terms of a percentage of the member's gross

24  compensation. Such contribution constitutes the entire health

25  insurance subsidy contribution with respect to the member. A

26  change in the contribution rate is effective with the first

27  salary paid on or after the beginning date of the change. The

28  retiree health insurance subsidy contribution rate is as

29  follows:

30

31


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  1  Dates of Contribution                             Contribution

  2    Rate Changes                                        Rate

  3

  4  October 1, 1987, through December 31, 1988             0.24%

  5  January 1, 1989, through December 31, 1993             0.48%

  6  January 1, 1994, through December 31, 1994             0.56%

  7  January 1, 1995, through June 30, 1998                 0.66%

  8  July 1, 1998, through June 30, 2001                    0.94%

  9  Effective July 1, 2001                                 1.11%

10

11  Such contributions and accompanying payroll data are due and

12  payable no later than the 5th working day of the month

13  immediately following the month during which the payroll

14  period ended and shall be deposited by the administrator in

15  the Retiree Health Insurance Subsidy Trust Fund.

16         Section 5.  Paragraph (h) of subsection (1), subsection

17  (3), paragraph (d) of subsection (4), and paragraph (c) of

18  subsection (6) of section 121.055, Florida Statutes, as

19  amended by chapter 2001-262, Laws of Florida, are amended, and

20  paragraph (k) is added to subsection (1) of that section, to

21  read:

22         121.055  Senior Management Service Class.--There is

23  hereby established a separate class of membership within the

24  Florida Retirement System to be known as the "Senior

25  Management Service Class," which shall become effective

26  February 1, 1987.

27         (1)

28         (h)1.  Except as provided in subparagraph 3., effective

29  January 1, 1994, participation in the Senior Management

30  Service Class shall be compulsory for the State Courts

31  Administrator and the Deputy State Courts Administrators, the


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  1  Clerk of the Supreme Court, the Marshal of the Supreme Court,

  2  the Executive Director of the Justice Administrative

  3  Commission, the Capital Collateral Regional Counsels, the

  4  clerks of the district courts of appeals, the marshals of the

  5  district courts of appeals, and the trial court administrator

  6  and the Chief Deputy Court Administrator in each judicial

  7  circuit. Effective January 1, 1994, additional positions in

  8  the offices of the state attorney and public defender in each

  9  judicial circuit may be designated for inclusion in the Senior

10  Management Service Class of the Florida Retirement System,

11  provided that:

12         a.  Positions to be included in the class shall be

13  designated by the state attorney or public defender, as

14  appropriate.  Notice of intent to designate positions for

15  inclusion in the class shall be published once a week for 2

16  consecutive weeks in a newspaper of general circulation

17  published in the county or counties affected, as provided in

18  chapter 50.

19         b.  One nonelective full-time position may be

20  designated for each state attorney and public defender

21  reporting to the Department of Management Services; for

22  agencies with 200 or more regularly established positions

23  under the state attorney or public defender, additional

24  nonelective full-time positions may be designated, not to

25  exceed 0.5 percent of the regularly established positions

26  within the agency.

27         c.  Each position added to the class must be a

28  managerial or policymaking position filled by an employee who

29  serves at the pleasure of the state attorney or public

30  defender without civil service protection, and who:

31         (I)  Heads an organizational unit; or


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  1         (II)  Has responsibility to effect or recommend

  2  personnel, budget, expenditure, or policy decisions in his or

  3  her areas of responsibility.

  4         2.  Participation in this class shall be compulsory,

  5  except as provided in subparagraph 3., for any judicial

  6  employee who holds a position designated for coverage in the

  7  Senior Management Service Class, and such participation shall

  8  continue until the employee terminates employment in a covered

  9  position. Effective January 1, 2001, participation in this

10  class is compulsory for assistant state attorneys, assistant

11  statewide prosecutors, assistant public defenders, and

12  assistant capital collateral regional counsels. Effective

13  January 1, 2002, participation in this class is compulsory for

14  assistant attorneys general.

15         3.  In lieu of participation in the Senior Management

16  Service Class, such members, excluding assistant state

17  attorneys, assistant public defenders, assistant statewide

18  prosecutors, assistant attorneys general, and assistant

19  capital collateral regional counsels, may participate in the

20  Senior Management Service Optional Annuity Program as

21  established in subsection (6).

22         (k)  Any state attorney or public defender in the

23  Elected Officers' Class who has creditable service as an

24  assistant state attorney or assistant public defender may

25  upgrade retirement credit for such service in accordance with

26  the provisions of paragraph (j).

27         (3)(a)  The following table states the required

28  retirement contribution rates for members of the Senior

29  Management Service Class and their employers in terms of a

30  percentage of the member's gross compensation. A change in the

31  contribution rate is effective with the first salary paid on


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  1  or after the beginning date of the change.  Contributions

  2  shall be made for each pay period and are in addition to the

  3  contributions required for social security and the Retiree

  4  Health Insurance Subsidy Trust Fund.

  5

  6  Dates of Contribution

  7    Rate Changes                          Members   Employers

  8  Effective July 1, 2001                    0%       11.73%

  9

10         (b)  The employer paying the salary of a member of the

11  Senior Management Service Class shall contribute an amount as

12  specified in this section which shall constitute the entire

13  employer retirement contribution with respect to such member.

14  The employer shall also withhold one-half of the entire

15  contribution of the member required for social security

16  coverage.

17         (c)  The following table states the required employer

18  contribution on behalf of each member of the Senior Management

19  Service Class in terms of a percentage of the member's gross

20  compensation.  Such contribution constitutes the entire health

21  insurance subsidy contribution with respect to the member. A

22  change in the contribution rate is effective with the first

23  salary paid on or after the beginning date of the change.  The

24  retiree health insurance subsidy contribution rate is as

25  follows:

26

27  Dates of Contribution                             Contribution

28    Rate Changes                                        Rate

29  October 1, 1987, through December 31, 1988             0.24%

30  January 1, 1989, through December 31, 1993             0.48%

31  January 1, 1994, through December 31, 1994             0.56%


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  1  January 1, 1995, through June 30, 1998                 0.66%

  2  July 1, 1998, through June 30, 2001                    0.94%

  3  Effective July 1, 2001                                 1.11%

  4

  5  Such contributions and accompanying payroll data are due and

  6  payable no later than the 5th working day of the month

  7  immediately following the month during which the payroll

  8  period ended and shall be deposited by the administrator in

  9  the Retiree Health Insurance Subsidy Trust Fund.

10         (6)

11         (c)  Participation.--

12         1.  Any eligible employee who is employed on or before

13  February 1, 1987, may elect to participate in the optional

14  annuity program in lieu of participation in the Senior

15  Management Service Class.  Such election shall be made in

16  writing and filed with the department and the personnel

17  officer of the employer on or before May 1, 1987.  Any

18  eligible employee who is employed on or before February 1,

19  1987, and who fails to make an election to participate in the

20  optional annuity program by May 1, 1987, shall be deemed to

21  have elected membership in the Senior Management Service

22  Class.

23         2.  Any employee who becomes eligible to participate in

24  the optional annuity program by reason of initial employment

25  commencing after February 1, 1987, may, within 90 days after

26  the date of commencement of employment, elect to participate

27  in the optional annuity program.  Such election shall be made

28  in writing and filed with the personnel officer of the

29  employer.  Any eligible employee who does not within 90 days

30  after commencement of such employment elect to participate in

31


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  1  the optional annuity program shall be deemed to have elected

  2  membership in the Senior Management Service Class.

  3         3.  A person who is appointed to a position in the

  4  Senior Management Service Class and who is a member of an

  5  existing retirement system or the Special Risk or Special Risk

  6  Administrative Support Classes of the Florida Retirement

  7  System may elect to remain in such system or class in lieu of

  8  participation in the Senior Management Service Class or

  9  optional annuity program. Such election shall be made in

10  writing and filed with the department and the personnel

11  officer of the employer within 90 days of such appointment.

12  Any eligible employee who fails to make an election to

13  participate in the existing system, the Special Risk Class of

14  the Florida Retirement System, the Special Risk Administrative

15  Support Class of the Florida Retirement System, or the

16  optional annuity program shall be deemed to have elected

17  membership in the Senior Management Service Class.

18         4.  Except as provided in subparagraph 5., an

19  employee's election to participate in the optional annuity

20  program is irrevocable as long as such employee continues to

21  be employed in an eligible position and continues to meet the

22  eligibility requirements set forth in this paragraph.

23         5.  Effective from July 1, 2002, through September 30,

24  2002, any active employee in a regularly established position

25  who has elected to participate in the Senior Management

26  Service Optional Annuity Program has one opportunity to choose

27  to move from the Senior Management Service Optional Annuity

28  Program to the Florida Retirement System defined benefit

29  program.

30         a.  The election must be made in writing and must be

31  filed with the department and the personnel officer of the


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  1  employer before October 1, 2002, or, in the case of an active

  2  employee who is on a leave of absence on July 1, 2002, within

  3  90 days after the conclusion of the leave of absence. This

  4  election is irrevocable.

  5         b.  The employee will receive service credit under the

  6  defined benefit program of the Florida Retirement System equal

  7  to his or her years of service under the Senior Management

  8  Service Optional Annuity Program. The cost for such credit

  9  shall be an amount representing the present value of that

10  employee's accumulated benefit obligation for the affected

11  period of service.

12         c.  The employee must transfer the total accumulated

13  employer contributions and earnings on deposit in his or her

14  Senior Management Service Optional Annuity Program account. If

15  the transferred amount is not sufficient to pay the amount

16  due, the employee must pay a sum representing the remainder of

17  the amount due. In no case may the employee retain any

18  employer contributions or earnings thereon from the Senior

19  Management Service Optional Annuity Program account.

20         Section 6.  Subsection (5) of section 121.071, Florida

21  Statutes, as amended by chapter 2001-262, Laws of Florida, is

22  amended to read:

23         121.071  Contributions.--Contributions to the system

24  shall be made as follows:

25         (5)  Contributions made in accordance with subsections

26  (1), (2), (3), and (4) shall be paid by the employer into the

27  system trust funds in accordance with rules adopted by the

28  administrator pursuant to chapter 120, except as may be

29  otherwise specified herein.

30         (a)1.  Effective October 1, 1978, such contributions

31  are due and payable no later than the 25th day of the month


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  1  immediately following the month during which the payroll

  2  period ended. The department may, by rule, establish a

  3  different due date, which shall supersede the date specified

  4  herein; however, such due date may not be established earlier

  5  than the 20th day of the month immediately following the month

  6  during which the payroll period ended.

  7         2.  Effective July 1, 2002, contributions paid under

  8  subsections (1) and (4) and accompanying payroll data are due

  9  and payable no later than the 5th working day of the month

10  immediately following the month during which the payroll

11  period ended. Effective January 1, 1984, contributions made in

12  accordance with subsection (3) shall be paid by the employer

13  into the system trust fund in accordance with rules adopted by

14  the administrator pursuant to chapter 120.  For any payroll

15  period ending any day of the month before the 16th day of the

16  month, such contributions are due and payable no later than

17  the 20th day of the month; and, for any payroll periods ending

18  any day of the month after the 15th day of the month, such

19  contributions are due and payable no later than the 5th day of

20  the next month.

21         (b)  Contributions received in the offices of the

22  department after the prescribed date shall be considered

23  delinquent unless, in the opinion of the department,

24  exceptional circumstances beyond an employer's control

25  prevented remittance by the prescribed due date

26  notwithstanding such employer's good faith efforts to effect

27  delivery; and, with respect to retirement contributions due

28  under subsections (1) and (4), each employer shall be assessed

29  a delinquent fee of 1 percent of the contributions due for

30  each calendar month or part thereof that the contributions are

31  delinquent. Such a waiver of the delinquency fee by the


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  1  department may be granted an employer only one time each

  2  fiscal year. Delinquent social security contributions shall be

  3  assessed a delinquent fee as authorized by s. 650.05(4).  The

  4  delinquent fee assessable for an employer's first delinquency

  5  after July 1, 1984, shall be as specified in s. 650.05(4),

  6  and, beginning with the second delinquency in any fiscal year

  7  by the employer subsequent to July 1, 1984, all subsequent

  8  delinquency fees shall be assessed against the employer at

  9  twice the applicable percentage rate specified in s.

10  650.05(4).

11         Section 7.  Section 121.35, Florida Statutes, is

12  amended to read:

13         121.35  Optional retirement program for the State

14  University System.--

15         (1)  OPTIONAL RETIREMENT PROGRAM ESTABLISHED.--The

16  Department of Management Services shall establish an optional

17  retirement program under which contracts providing retirement

18  and death benefits may be purchased for eligible members of

19  the State University System who elect to participate in the

20  program. The benefits to be provided for or on behalf of

21  participants in such optional retirement program shall be

22  provided through individual contracts or individual

23  certificates issued for group annuity or other contracts,

24  which may be fixed, variable, or a combination thereof, in

25  accordance with s. 403(b) of the Internal Revenue Code. Any

26  individual contract or certificate shall state the annuity

27  plan on its face page, and shall include, but not be limited

28  to, a statement of ownership, the contract benefits, annuity

29  income options, limitations, expense charges, and surrender

30  charges, if any. The state shall contribute, as provided in

31  this section, toward the purchase of such optional benefits.


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  1         (2)  ELIGIBILITY FOR PARTICIPATION IN OPTIONAL

  2  PROGRAM.--

  3         (a)  Participation in the optional retirement program

  4  provided by this section shall be limited to persons who are

  5  otherwise eligible for membership in the Florida Retirement

  6  System; who are employed or appointed for no less than one

  7  academic year; and who are employed in one of the following

  8  State University System positions:

  9         1.  Positions classified as instructional and research

10  faculty which are exempt from the career service under the

11  provisions of s. 110.205(2)(d).

12         2.  Positions classified as administrative and

13  professional which are exempt from the career service under

14  the provisions of s. 110.205(2)(d).

15         3.  The Chancellor and the university presidents.

16         (b)  For purposes of this section, both the appointees

17  and employees are referred to as "employees," and the

18  "employer" of an appointee or employee is the individual

19  institution within the State University System or the State

20  Board of Education Regents, whichever is appropriate with

21  respect to the particular employee or appointee.

22         (c)  For purposes of this section, the Department of

23  Management Services is referred to as the "department."

24         (d)  For purposes of this section, the authority

25  granted to the State Board of Education Regents may be

26  exercised by the board or by the Chancellor of the Division of

27  Colleges and Universities State University System.

28         (3)  ELECTION OF OPTIONAL PROGRAM.--

29         (a)  Any eligible employee who is employed on or before

30  March 1, 1984, may elect to participate in the optional

31  retirement program in lieu of participation in the Florida


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  1  Retirement System. Such election shall be made in writing and

  2  filed with the division and the personnel officer of the

  3  employer on or before June 1, 1984.  Upon such election,

  4  participation in the optional program will take effect July 1,

  5  1984, and election to so participate will terminate the

  6  membership of the employee in the Florida Retirement System.

  7  Any eligible employee who is employed on or before March 1,

  8  1984, and who fails to make an election to participate in the

  9  optional program by June 1, 1984, shall be deemed to have

10  elected to retain membership in the Florida Retirement System.

11         (b)1.  Any employee who becomes eligible to participate

12  in the optional retirement program by reason of initial

13  employment commencing after March 1, 1984, but before January

14  1, 1993, may, within 90 days after the date of commencement of

15  employment, elect to participate in the optional program. Such

16  election shall be made in writing and filed with the personnel

17  officer of the employer.  The eligible employees described in

18  this subparagraph shall be enrolled in the Florida Retirement

19  System at the commencement of employment, with the exception

20  of those employees who file an election with the personnel

21  officer of the employer prior to the submission of the initial

22  payroll for the employee. For such employees, participation

23  will be effective on the first day of employment or on July 1,

24  1984, whichever is later.  If an eligible employee, as

25  described in this subparagraph, files an election to

26  participate in the optional program within 90 days after the

27  commencement of employment, but after the submission by the

28  employer of the initial payroll for the employee, the

29  employee's participation in the optional program will not be

30  effective until the first day of the month for which a full

31  month's employer contribution may be made, or until July 1,


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  1  1984, whichever is later. Any eligible employee who does not

  2  within 90 days after commencement of such employment elect to

  3  participate in the optional program shall be deemed to have

  4  elected to retain membership in the Florida Retirement System.

  5         2.  Any employee who after March 1, 1984, but before

  6  January 1, 1993, becomes eligible to participate in the

  7  optional program by reason of a change in status due to the

  8  subsequent designation of the employee's position as one of

  9  those specified in paragraph (2)(a) or due to the employee's

10  appointment, promotion, transfer, or reclassification to a

11  position specified in paragraph (2)(a) may elect to

12  participate in the optional program.  Such employee shall be

13  notified by the employer of the change in his or her

14  eligibility status. Such employee may, within 90 days after

15  the date of such notification, file with the personnel officer

16  of the employer an election in writing to participate in the

17  optional program in lieu of participation in the Florida

18  Retirement System. Upon such election, participation in the

19  optional program will be effective on the first day of the

20  month for which a full month's employer contribution may be

21  made or on July 1, 1984, whichever is later. Election to so

22  participate shall terminate the membership of the employee in

23  the Florida Retirement System.  Any eligible employee who does

24  not within 90 days after notification of his or her

25  eligibility to participate in the optional program elect to

26  participate in the program shall be deemed to have elected to

27  retain membership in the Florida Retirement System.

28         (c)  Any employee who becomes eligible to participate

29  in the optional retirement program on or after January 1,

30  1993, shall be a compulsory participant of the program unless

31  such employee elects membership in the Florida Retirement


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  1  System.  Such election shall be made in writing and filed with

  2  the personnel officer of the employer.  Any eligible employee

  3  who fails to make such election within the prescribed time

  4  period shall be deemed to have elected to participate in the

  5  optional retirement program.

  6         1.  Any employee whose optional retirement program

  7  eligibility results from initial employment shall be enrolled

  8  in the program at the commencement of employment.  If, within

  9  90 days after commencement of employment, the employee elects

10  membership in the Florida Retirement System, such membership

11  shall be effective retroactive to the date of commencement of

12  employment.

13         2.  Any employee whose optional retirement program

14  eligibility results from a change in status due to the

15  subsequent designation of the employee's position as one of

16  those specified in paragraph (2)(a) or due to the employee's

17  appointment, promotion, transfer, or reclassification to a

18  position specified in paragraph (2)(a) shall be enrolled in

19  the optional retirement program upon such change in status and

20  shall be notified by the employer of such action.  If, within

21  90 days after the date of such notification, the employee

22  elects to retain membership in the Florida Retirement System,

23  such continuation of membership shall be retroactive to the

24  date of the change in status.

25         3.  Notwithstanding the provisions of this paragraph,

26  effective July 1, 1997, any employee who is eligible to

27  participate in the Optional Retirement Program and who fails

28  to execute a an annuity contract with one of the approved

29  companies and to notify the department in writing as provided

30  in subsection (4) within 90 days after of the date of

31  eligibility shall be deemed to have elected membership in the


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  1  Florida Retirement System, except as provided in s.

  2  121.051(1)(a). This provision shall also apply to any employee

  3  who terminates employment in an eligible position before

  4  executing the required annuity contract and notifying the

  5  department. Such membership shall be retroactive to the date

  6  of eligibility, and all appropriate contributions shall be

  7  transferred to the Florida Retirement System Trust Fund and

  8  the Health Insurance Subsidy Trust Fund.

  9         (d)  Participants shall be fully and immediately vested

10  in the optional retirement program only upon execution of a an

11  annuity contract.

12         (e)  The election by an eligible employee to

13  participate in the optional retirement program shall be

14  irrevocable for so long as the employee continues to meet the

15  eligibility requirements specified in subsection (2), except

16  as provided in paragraph (h). In the event that an employee

17  participates in the optional retirement program for 90 days or

18  more and is subsequently employed in an administrative or

19  professional position which has been determined by the

20  department, under subparagraph (2)(a)2., to be not otherwise

21  eligible for participation in the optional retirement program,

22  the employee shall continue participation in the optional

23  program so long as the employee meets the other eligibility

24  requirements for the program, except as provided in paragraph

25  (h).

26         (f)  If an employee becomes ineligible to continue

27  participation in the optional retirement program under

28  subsection (2), the employee shall thereafter participate in

29  the Florida Retirement System if he or she is otherwise

30  eligible.

31


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  1         (g)  An eligible employee who is a member of the

  2  Florida Retirement System at the time of election to

  3  participate in the optional retirement program shall retain

  4  all retirement service credit earned under the Florida

  5  Retirement System, at the rate earned.  No additional service

  6  credit in the Florida Retirement System shall be earned while

  7  the employee participates in the optional program, nor shall

  8  the employee be eligible for disability retirement under the

  9  Florida Retirement System.

10         (h)  A participant in the optional retirement program

11  may not participate in more than one state-administered

12  retirement system, plan, or class simultaneously.  Except as

13  provided in s. 121.052(6)(d), a participant who is or becomes

14  dually employed in two or more positions covered by the

15  Florida Retirement System, one of which is eligible for the

16  optional program and one of which is not, may remain a member

17  of the optional program and contributions shall be paid as

18  required only on the salary earned in the position eligible

19  for the optional program during such period of dual

20  employment; or, within 90 days after becoming dually employed,

21  he or she may elect membership in the Regular Class of the

22  Florida Retirement System in lieu of the optional program and

23  contributions shall be paid as required on the total salary

24  received for all employment. At retirement, the average final

25  compensation used to calculate any benefits for which the

26  member becomes eligible under the Florida Retirement System

27  shall be based on all salary reported for both positions

28  during such period of dual employment.  When such member

29  ceases to be dually employed, he or she may, within 90 days,

30  elect to remain in the Florida Retirement System class for

31  which he or she is eligible or to again become a participant


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  1  in the optional retirement program.  Failure to elect

  2  membership in the optional program within 90 days shall result

  3  in compulsory membership in the Florida Retirement System,

  4  except that a member filling a faculty position under a

  5  faculty practice plan at the University of Florida or the

  6  Medical Center at the University of South Florida shall again

  7  participate in the optional retirement program as required in

  8  s. 121.051(1)(a).

  9         (4)  CONTRIBUTIONS.--

10         (a)  Through June 30, 2001, each employer shall

11  contribute on behalf of each participant in the optional

12  retirement program an amount equal to the normal cost portion

13  of the employer retirement contribution which would be

14  required if the participant were a regular member of the

15  Florida Retirement System defined benefit program, plus the

16  portion of the contribution rate required in s. 112.363(8)

17  that would otherwise be assigned to the Retiree Health

18  Insurance Subsidy Trust Fund. Effective July 1, 2001, each

19  employer shall contribute on behalf of each participant in the

20  optional program an amount equal to 10.43 percent of the

21  participant's gross monthly compensation. The department shall

22  deduct an amount approved by the Legislature to provide for

23  the administration of this program. The payment of the

24  contributions to the optional program which is required by

25  this paragraph for each participant shall be made by the

26  employer to the department, which shall forward the

27  contributions to the designated company or companies

28  contracting for payment of benefits for the participant under

29  the program. However, such contributions paid on behalf of an

30  employee described in paragraph (3)(c) shall not be forwarded

31  to a company and shall not begin to accrue interest until the


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  1  employee has executed an annuity contract and notified the

  2  department.

  3         (b)  Each employer shall contribute on behalf of each

  4  participant in the optional retirement program an amount equal

  5  to the unfunded actuarial accrued liability portion of the

  6  employer contribution which would be required for members of

  7  the Florida Retirement System.  This contribution shall be

  8  paid to the department for transfer to the Florida Retirement

  9  System Trust Fund.

10         (c)  An Optional Retirement Program Trust Fund shall be

11  established in the State Treasury and administered by the

12  department to make payments to the provider companies on

13  behalf of the optional retirement program participants, and to

14  transfer the unfunded liability portion of the state optional

15  retirement program contributions to the Florida Retirement

16  System Trust Fund.

17         (d)  Contributions required for social security by each

18  employer and each participant, in the amount required for

19  social security coverage as now or hereafter may be provided

20  by the federal Social Security Act, shall be maintained for

21  each participant in the optional retirement program and shall

22  be in addition to the retirement contributions specified in

23  this subsection.

24         (e)  Each participant in the optional retirement

25  program who has executed a an annuity contract may contribute

26  by way of salary reduction or deduction a percentage amount of

27  the participant's gross compensation not to exceed the

28  percentage amount contributed by the employer to the optional

29  program, but in no case may such contribution exceed federal

30  limitations. Payment of the participant's contributions shall

31  be made by the financial officer of the employer to the


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  1  division which shall forward the contributions to the

  2  designated company or companies contracting for payment of

  3  benefits for the participant under the program. A participant

  4  may not make, through salary reduction, any voluntary employee

  5  contributions to any other plan under s. 403(b) of the

  6  Internal Revenue Code, with the exception of a custodial

  7  account under s. 403(b)(7) of the Internal Revenue Code, until

  8  he or she has made an employee contribution to his or her

  9  optional program equal to the employer contribution. A

10  participant is responsible for monitoring his or her

11  individual tax-deferred income to ensure he or she does not

12  exceed the maximum deferral amounts permitted under the

13  Internal Revenue Code.

14         (f)  The Optional Retirement Trust Fund may accept for

15  deposit into participant contracts contributions in the form

16  of rollovers or direct trustee-to-trustee transfers by or on

17  behalf of participants who are reasonably determined by the

18  department to be eligible for rollover or transfer to the

19  optional retirement program pursuant to the Internal Revenue

20  Code, if such contributions are made in accordance with rules

21  adopted by the department. Such contributions shall be

22  accounted for in accordance with any applicable requirements

23  of the Internal Revenue Code and rules of the department.

24         (5)  BENEFITS.--

25         (a)  Benefits shall be payable under the optional

26  retirement program only to vested participants in the program,

27  or their beneficiaries as designated by the participant in the

28  contract with a provider company, and such benefits shall be

29  paid only by the designated company in accordance with s.

30  403(b) of the Internal Revenue Code and in accordance with the

31  terms of the annuity contract or contracts applicable to the


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  1  participant. Benefits shall accrue in individual accounts that

  2  are participant-directed, portable, and funded by employer

  3  contributions and the earnings thereon. The participant must

  4  be terminated from all employment with all Florida Retirement

  5  System employers, as provided in s. 121.021(39), to begin

  6  receiving the employer-funded benefit. Benefits funded by

  7  employer contributions shall be payable in accordance with the

  8  following terms and conditions only as a lifetime annuity to

  9  the participant, his or her beneficiary, or his or her estate,

10  except for:

11         1.  Benefits shall be payable only to a participant, to

12  his or her beneficiaries, or to his or her estate, as

13  designated by the participant.

14         2.  Benefits shall be paid by the provider company or

15  companies in accordance with the law, the provisions of the

16  contract, and any applicable board rule or policy.

17         3.  In the event of a participant's death, moneys

18  accumulated by, or on behalf of, the participant, less

19  withholding taxes remitted to the Internal Revenue Service, if

20  any, shall be distributed to the participant's designated

21  beneficiary or beneficiaries, or to the participant's estate,

22  as if the participant retired on the date of death, as

23  provided in paragraph (c). No other death benefits shall be

24  available for survivors of participants under the optional

25  retirement program except for such benefits, or coverage for

26  such benefits, as are separately afforded by the employer, at

27  the employer's discretion.

28         (b)  Upon receipt by the provider company of a properly

29  executed application for distribution of benefits, the total

30  accumulated benefit shall be payable to the participant, as:

31         1.  A lump-sum distribution to the participant;


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  1         2.  A lump-sum direct rollover distribution whereby all

  2  accrued benefits, plus interest and investment earnings, are

  3  paid from the participant's account directly to an eligible

  4  retirement plan, as defined in s. 402(c)(8)(B) of the Internal

  5  Revenue Code, on behalf of the participant;

  6         3.  Periodic distributions;

  7         4.  A partial lump-sum payment whereby a portion of the

  8  accrued benefit is paid to the participant and the remaining

  9  amount is transferred to an eligible retirement plan, as

10  defined in s. 402(c)(8)(B) of the Internal Revenue Code, on

11  behalf of the participant; or

12         5.  Such other distribution options as are provided for

13  in the participant's optional retirement program contract.

14         (c)  Survivor benefits shall be payable as:

15         1.  A lump-sum distribution payable to the

16  beneficiaries or to the deceased participant's estate;

17         2.  An eligible rollover distribution on behalf of the

18  surviving spouse of a deceased participant, whereby all

19  accrued benefits, plus interest and investment earnings, are

20  paid from the deceased participant's account directly to an

21  eligible retirement plan, as described in s. 402(c)(8)(B) of

22  the Internal Revenue Code, on behalf of the surviving spouse;

23         3.  Such other distribution options as are provided for

24  in the participant's optional retirement program contract; or

25         4.  A partial lump-sum payment whereby a portion of the

26  accrued benefit is paid to the deceased participant's

27  surviving spouse or other designated beneficiaries, less

28  withholding taxes remitted to the Internal Revenue Service, if

29  any, and the remaining amount is transferred directly to an

30  eligible retirement plan, as described in s.402(c)(8)(B) of

31  the Internal Revenue Code, on behalf of the surviving spouse.


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  1  The proportions must be specified by the participant or the

  2  surviving beneficiary.

  3

  4  This paragraph does not abrogate other applicable provisions

  5  of state or federal law providing payment of death benefits.

  6         1.  A lump-sum payment to the beneficiary upon the

  7  death of the participant; or

  8         2.  A cash-out of a de minimis account upon the request

  9  of a former participant who has been terminated for a minimum

10  of 6 months from the employment that entitled him or her to

11  optional retirement program participation. A de minimis

12  account is an account with a provider company containing

13  employer contributions and accumulated earnings of not more

14  than $5,000 made under the provisions of this chapter. Such

15  cash-out must be a complete liquidation of the account balance

16  with that company and is subject to the provisions of the

17  Internal Revenue Code.

18         (d)(b)  The benefits payable to any person under the

19  optional retirement program, and any contribution accumulated

20  under such program, shall not be subject to assignment,

21  execution, or attachment or to any legal process whatsoever.

22         (e)(c)  A participant who chooses to receive his or her

23  benefits upon termination of employment shall have

24  responsibility to notify the provider company of the date on

25  which he or she wishes benefits the annuity funded by employer

26  contributions to begin. Benefits may be deferred until such

27  time as the participant chooses to make such application.

28         (f)(d)  Benefits funded by the participant's personal

29  contributions may be paid out at any time and in any form

30  within the limits provided in the contract between the

31  participant and his or her provider company. The participant


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  1  shall notify the provider company regarding the date and

  2  provisions under which he or she wants to receive the

  3  employee-funded portion of the plan.

  4         (6)  ADMINISTRATION OF PROGRAM.--

  5         (a)  The optional retirement program authorized by this

  6  section shall be administered by the department.  The

  7  department shall adopt rules establishing the responsibilities

  8  of the State Board of Education Regents and institutions in

  9  the State University System in administering the optional

10  retirement program. The State Board of Education Regents

11  shall, no more than 90 days after July 1, 1983, submit to the

12  department its recommendations for the annuity contracts to be

13  offered by the companies chosen by the department.  The

14  recommendations of the board shall include the following:

15         1.  The nature and extent of the rights and benefits in

16  relation to the required contributions; and

17         2.  The suitability of the rights and benefits to the

18  needs of the participants and the interests of the

19  institutions in the recruitment and retention of eligible

20  employees.

21         (b)  After receiving and considering the

22  recommendations of the State Board of Education Regents, the

23  department shall designate no more than four companies from

24  which annuity contracts may be purchased under the program and

25  shall approve the form and content of the optional retirement

26  program contracts.  Upon application by a qualified Florida

27  domestic company, the department shall give reasonable notice

28  to all other such companies that it intends to designate one

29  of such companies as a fifth company from which annuity

30  contracts may be purchased pursuant to this section and that

31  they may apply for such designation prior to the deadline


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  1  established by said notice. At least 60 days after giving such

  2  notice and upon receipt of the recommendation of the State

  3  Board of Education Regents, the department shall so designate

  4  one of such companies as the fifth company from which such

  5  contracts may be purchased.

  6         (c)  Effective July 1, 1997, the State Board of

  7  Administration shall review and make recommendations to the

  8  department on the acceptability of all investment products

  9  proposed by provider companies of the optional retirement

10  program before they are offered through annuity contracts to

11  the participants and may advise the department of any changes

12  necessary to ensure that the optional retirement program

13  offers an acceptable mix of investment products. The

14  department shall make the final determination as to whether an

15  investment product will be approved for the program.

16         (d)  The provisions of each contract applicable to a

17  participant in the optional retirement program shall be

18  contained in a written program description which shall include

19  a report of pertinent financial and actuarial information on

20  the solvency and actuarial soundness of the program and the

21  benefits applicable to the participant.  Such description

22  shall be furnished by the companies to each participant in the

23  program and to the department upon commencement of

24  participation in the program and annually thereafter.

25         (e)  The department shall ensure that each participant

26  in the optional retirement program is provided an accounting

27  of the total contribution and the annual contribution made by

28  and on behalf of such participant.

29         Section 8.  Subsection (2), paragraph (c) of subsection

30  (3), paragraphs (a), (b), and (c) of subsection (4), and

31  subsections (7) and (16) of section 121.4501, Florida


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  1  Statutes, as amended by chapter 2001-235, Laws of Florida, are

  2  amended to read:

  3         121.4501  Public Employee Optional Retirement

  4  Program.--

  5         (2)  DEFINITIONS.--As used in this part section, the

  6  term:

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

  8  sector company that is selected and approved by the state

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

10  the Public Employee Optional Retirement Program. The term

11  includes a bundled provider that offers participants a range

12  of individually allocated or unallocated investment products

13  and may offer a range of administrative and customer services,

14  which may include accounting and administration of individual

15  participant benefits and contributions; individual participant

16  recordkeeping; asset purchase, control, and safekeeping;

17  direct execution of the participant's instructions as to asset

18  and contribution allocation; calculation of daily net asset

19  values; direct access to participant account information;

20  periodic reporting to participants, at least quarterly, on

21  account balances and transactions; guidance, advice, and

22  allocation services directly relating to its own investment

23  options or products, but only if the bundled provider complies

24  with the standard of care of s. 404(a)(1)(A-B) of the Employee

25  Retirement Income Security Act of 1974 (ERISA) and if

26  providing such guidance, advice, or allocation services does

27  not constitute a prohibited transaction under s. 4975(c)(1) of

28  the Internal Revenue Code or s. 406 of ERISA, notwithstanding

29  that such prohibited transaction provisions do not apply to

30  the optional retirement program; a broad array of distribution

31  options; asset allocation; and retirement counseling and


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  1  education. Private sector companies include investment

  2  management companies, insurance companies, depositories, and

  3  mutual fund companies.

  4         (b)  "Average monthly compensation" means one-twelfth

  5  of average final compensation as defined in s. 121.021(24).

  6         (c)  "Covered employment" means employment in a

  7  regularly established position as defined in s. 121.021(52).

  8         (d)(b)  "Department" means the Department of Management

  9  Services.

10         (e)(c)  "Division" means the Division of Retirement

11  within the Department of Management Services.

12         (f)(d)  "Eligible employee" means an officer or

13  employee, as defined in s. 121.021(11), who:

14         1.  Is a member of, or is eligible for membership in,

15  the Florida Retirement System;

16         2.  Participates in, or is eligible to participate in,

17  the Senior Management Service Optional Annuity Program as

18  established under s. 121.055(6); or

19         3.  Is eligible to participate in, but does not

20  participate in, the State University System Optional

21  Retirement Program established under s. 121.35 or the State

22  Community College System Optional Retirement Program

23  established under s. 121.051(2)(c).

24

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

26  Retirement System, any member participating in the Deferred

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

28  any employee participating in an optional retirement program

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

30         (g)(e)  "Employer" means an employer, as defined in s.

31  121.021(10), of an eligible employee.


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  1         (h)(f)  "Participant" means an eligible employee who

  2  elects to participate in the Public Employee Optional

  3  Retirement Program and enrolls in such optional program as

  4  provided in subsection (4).

  5         (i)(g)  "Public Employee Optional Retirement Program,"

  6  "optional program," or "optional retirement program" means the

  7  alternative defined contribution retirement program

  8  established under this section.

  9         (j)(h)  "State board" or "board" means the State Board

10  of Administration.

11         (k)(i)  "Trustees" means Trustees of the State Board of

12  Administration.

13         (l)(j)  "Vested" or "vesting" means the guarantee that

14  a participant is eligible to receive a retirement benefit upon

15  completion of the required years of service under the Public

16  Employee Optional Retirement Program.

17         (3)  ELIGIBILITY; RETIREMENT SERVICE CREDIT.--

18         (c)1.  Notwithstanding paragraph (b), each eligible

19  employee who elects to participate in the Public Employee

20  Optional Retirement Program and establishes one or more

21  individual participant accounts under the optional program may

22  elect to transfer to the optional program a sum representing

23  the present value of the employee's accumulated benefit

24  obligation under the defined benefit retirement program of the

25  Florida Retirement System. Upon such transfer, all service

26  credit previously earned under the defined benefit program of

27  the Florida Retirement System shall be nullified for purposes

28  of entitlement to a future benefit under the defined benefit

29  program of the Florida Retirement System. A participant is

30  precluded from transferring the accumulated benefit obligation

31


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  1  balance from the defined benefit program upon the expiration

  2  of the period afforded to enroll in the optional program.

  3         2.  For purposes of this subsection, the present value

  4  of the member's accumulated benefit obligation is based upon

  5  the member's estimated creditable service and estimated

  6  average final compensation under the defined benefit program,

  7  subject to recomputation under subparagraph 3. For state

  8  employees enrolling under subparagraph (4)(a)1., initial

  9  estimates will be based upon creditable service and average

10  final compensation as of midnight on June 30, 2002; for

11  district school board employees enrolling under subparagraph

12  (4)(b)1., initial estimates will be based upon creditable

13  service and average final compensation as of midnight on

14  September 30, 2002; and for local government employees

15  enrolling under subparagraph (4)(c)1., initial estimates will

16  be based upon creditable service and average final

17  compensation as of midnight on December 31, 2002. The dates

18  respectively specified above shall be construed as the

19  "estimate date" for these employees of the day prior to the

20  opening of the election window for the employee. The actuarial

21  present value of the employee's accumulated benefit obligation

22  shall be based on the following:

23         a.  The discount rate and other relevant actuarial

24  assumptions used to value the Florida Retirement System Trust

25  Fund at the time the amount to be transferred is determined,

26  consistent with the factors provided in sub-subparagraphs b.

27  and c.

28         b.  A benefit commencement age, based on the member's

29  estimated creditable service as of the estimate date midnight

30  on May 31, 2002. The benefit commencement age shall be the

31


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  1  younger of the following, but shall not be younger than the

  2  member's age as of the estimate date midnight on May 31, 2002:

  3         (I)  Age 62; or

  4         (II)  The age the member would attain if the member

  5  completed 30 years of service with an employer, assuming the

  6  member worked continuously from the estimate date May 31,

  7  2002, and disregarding any vesting requirement that would

  8  otherwise apply under the defined benefit program of the

  9  Florida Retirement System.

10         c.  For members of the Special Risk Class and for

11  members of the Special Risk Administrative Support Class

12  entitled to retain special risk normal retirement date, the

13  benefit commencement age shall be the younger of the

14  following, but shall not be younger than the member's age as

15  of the estimate date midnight on May 31, 2002:

16         (I)  Age 55; or

17         (II)  The age the member would attain if the member

18  completed 25 years of service with an employer, assuming the

19  member worked continuously from the estimate date May 31,

20  2002, and disregarding any vesting requirement that would

21  otherwise apply under the defined benefit program of the

22  Florida Retirement System.

23         d.  The calculation shall disregard vesting

24  requirements and early retirement reduction factors that would

25  otherwise apply under the defined benefit retirement program.

26         3.  For each participant who elects to transfer moneys

27  from the defined benefit program to his or her account in the

28  optional program, the division shall recompute the amount

29  transferred under subparagraph 2. not later than 60 days after

30  the actual transfer of funds based upon the participant's

31  actual creditable service and actual final average


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  1  compensation as of the initial date of participation in the

  2  optional program. If the recomputed amount differs from the

  3  amount transferred under subparagraph 2. by $10 or more, the

  4  division shall:

  5         a.  Transfer, or cause to be transferred, from the

  6  Florida Retirement System Trust Fund to the participant's

  7  account in the optional program the excess, if any, of the

  8  recomputed amount over the previously transferred amount

  9  together with interest from the initial date of transfer to

10  the date of transfer under this subparagraph, based upon 8

11  percent effective annual interest, compounded annually.

12         b.  Transfer, or cause to be transferred, from the

13  participant's account to the Florida Retirement System Trust

14  Fund the excess, if any, of the previously transferred amount

15  over the recomputed amount, together with interest from the

16  initial date of transfer to the date of transfer under this

17  subparagraph, based upon 6 percent effective annual interest,

18  compounded annually, pro rata based on the participant's

19  allocation plan.

20         4.  As directed by the participant, the board shall

21  transfer or cause to be transferred the appropriate amounts to

22  the designated accounts. The board shall establish transfer

23  procedures by rule, but the actual transfer shall not be later

24  than 30 days after the effective date of the member's

25  participation in the optional program. Transfers are not

26  commissionable or subject to other fees and may be in the form

27  of securities or cash as determined by the state board. Such

28  securities shall be valued as of the date of receipt in the

29  participant's account.

30         5.  If the board or the division receives notification

31  from the United States Internal Revenue Service that this


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  1  paragraph or any portion of this paragraph will cause the

  2  retirement system, or a portion thereof, to be disqualified

  3  for tax purposes under the Internal Revenue Code, then the

  4  portion that will cause the disqualification does not apply.

  5  Upon such notice, the state board and the division shall

  6  notify the presiding officers of the Legislature.

  7         (4)  PARTICIPATION; ENROLLMENT.--

  8         (a)1.  With respect to an eligible employee who is

  9  employed in a regularly established position on June 1, 2002,

10  by a state employer:

11         a.  Any such employee may elect to participate in the

12  Public Employee Optional Retirement Program in lieu of

13  retaining his or her membership in the defined benefit program

14  of the Florida Retirement System. The election must be made in

15  writing or by electronic means and must be filed with the

16  third-party administrator by August 31, department and the

17  personnel officer of the employer within 90 days after June 1,

18  2002, or, in the case of an active employee who is on a leave

19  of absence on April June 1, 2002, by August 31, 2002, or

20  within 90 days after the conclusion of the leave of absence,

21  whichever is later. This election is irrevocable, except as

22  provided in paragraph (e). Upon making such election, the

23  employee shall be enrolled as a participant of the Public

24  Employee Optional Retirement Program, the employee's

25  membership in the Florida Retirement System shall be governed

26  by the provisions of this part, and the employee's membership

27  in the defined benefit program of the Florida Retirement

28  System shall terminate. The employee's enrollment in the

29  Public Employee Optional Retirement Program shall be effective

30  the first day of the month for which a full month's employer

31  contribution is made to the optional program.


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  1         b.  Any such employee who fails to elect to participate

  2  in the Public Employee Optional Retirement Program within the

  3  prescribed time period 90 days is deemed to have elected to

  4  retain membership in the defined benefit program of the

  5  Florida Retirement System, and the employee's option to elect

  6  to participate in the optional program is forfeited.

  7         2.  With respect to employees who become eligible to

  8  participate in the Public Employee Optional Retirement Program

  9  by reason of employment in a regularly established position

10  with a state employer commencing after April June 1, 2002:

11         a.  Any such employee shall, by default, be enrolled in

12  the defined benefit retirement program of the Florida

13  Retirement System at the commencement of employment, and may,

14  by the end of the 5th month following the employee's month of

15  hire within 180 days after employment commences, elect to

16  participate in the Public Employee Optional Retirement

17  Program. The employee's election must be made in writing or by

18  electronic means and must be filed with the third-party

19  administrator personnel officer of the employer. The election

20  to participate in the optional program is irrevocable, except

21  as provided in paragraph (e).

22         b.  If the employee files such election before the

23  initial payroll is submitted for the employee, enrollment in

24  the Public Employee Optional Retirement Program shall be

25  effective on the first day of employment.

26         b.c.  If the employee files such election within the

27  prescribed time period 180 days after employment commences,

28  but after the initial payroll is submitted for the employee,

29  enrollment in the optional program shall be effective on the

30  first day of employment the month for which a full month's

31  employer contribution is made to the optional program. The


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  1  employer retirement contributions paid through the month of

  2  the employee plan change shall be transferred to the optional

  3  program, and, effective the first day of the next month, the

  4  employer shall pay the applicable contributions based on the

  5  employee membership class in the optional program.

  6         c.d.  Any such employee who fails to elect to

  7  participate in the Public Employee Optional Retirement Program

  8  within the prescribed time period 180 days is deemed to have

  9  elected to retain membership in the defined benefit program of

10  the Florida Retirement System, and the employee's option to

11  elect to participate in the optional program is forfeited.

12         3.  For purposes of this paragraph, "state employer"

13  means any agency, board, branch, commission, community

14  college, department, institution, institution of higher

15  education, or water management district of the state, which

16  participates in the Florida Retirement System for the benefit

17  of certain employees.

18         (b)1.  With respect to an eligible employee who is

19  employed in a regularly established position on September 1,

20  2002, by a district school board employer:

21         a.  Any such employee may elect to participate in the

22  Public Employee Optional Retirement Program in lieu of

23  retaining his or her membership in the defined benefit program

24  of the Florida Retirement System. The election must be made in

25  writing or by electronic means and must be filed with the

26  third-party administrator by November 30 department and the

27  personnel officer of the employer within 90 days after

28  September 1, 2002, or, in the case of an active employee who

29  is on a leave of absence on July September 1, 2002, by

30  November 30, 2002, or within 90 days after the conclusion of

31  the leave of absence, whichever is later. This election is


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  1  irrevocable, except as provided in paragraph (e). Upon making

  2  such election, the employee shall be enrolled as a participant

  3  of the Public Employee Optional Retirement Program, the

  4  employee's membership in the Florida Retirement System shall

  5  be governed by the provisions of this part, and the employee's

  6  membership in the defined benefit program of the Florida

  7  Retirement System shall terminate. The employee's enrollment

  8  in the Public Employee Optional Retirement Program shall be

  9  effective the first day of the month for which a full month's

10  employer contribution is made to the optional program.

11         b.  Any such employee who fails to elect to participate

12  in the Public Employee Optional Retirement Program within the

13  prescribed time period 90 days is deemed to have elected to

14  retain membership in the defined benefit program of the

15  Florida Retirement System, and the employee's option to elect

16  to participate in the optional program is forfeited.

17         2.  With respect to employees who become eligible to

18  participate in the Public Employee Optional Retirement Program

19  by reason of employment in a regularly established position

20  with a district school board employer commencing after July

21  September 1, 2002:

22         a.  Any such employee shall, by default, be enrolled in

23  the defined benefit retirement program of the Florida

24  Retirement System at the commencement of employment, and may,

25  by the end of the 5th month following the employee's month of

26  hire within 180 days after employment commences, elect to

27  participate in the Public Employee Optional Retirement

28  Program. The employee's election must be made in writing or by

29  electronic means and must be filed with the third-party

30  administrator personnel officer of the employer. The election

31


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  1  to participate in the optional program is irrevocable, except

  2  as provided in paragraph (e).

  3         b.  If the employee files such election before the

  4  initial payroll is submitted for the employee, enrollment in

  5  the Public Employee Optional Retirement Program shall be

  6  effective on the first day of employment.

  7         b.c.  If the employee files such election within the

  8  prescribed time period 180 days after employment commences,

  9  but after the initial payroll is submitted for the employee,

10  enrollment in the optional program shall be effective on the

11  first day of employment the month for which a full month's

12  employer contribution is made to the optional program. The

13  employer retirement contributions paid through the month of

14  the employee plan change shall be transferred to the optional

15  program, and, effective the first day of the next month, the

16  employer shall pay the applicable contributions based on the

17  employee membership class in the optional program.

18         c.d.  Any such employee who fails to elect to

19  participate in the Public Employee Optional Retirement Program

20  within the prescribed time period 180 days is deemed to have

21  elected to retain membership in the defined benefit program of

22  the Florida Retirement System, and the employee's option to

23  elect to participate in the optional program is forfeited.

24         3.  For purposes of this paragraph, "district school

25  board employer" means any district school board that

26  participates in the Florida Retirement System for the benefit

27  of certain employees, or a charter school or charter technical

28  career center that participates in the Florida Retirement

29  System as provided in s. 121.051(2)(d).

30

31


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  1         (c)1.  With respect to an eligible employee who is

  2  employed in a regularly established position on December 1,

  3  2002, by a local employer:

  4         a.  Any such employee may elect to participate in the

  5  Public Employee Optional Retirement Program in lieu of

  6  retaining his or her membership in the defined benefit program

  7  of the Florida Retirement System. The election must be made in

  8  writing or by electronic means and must be filed with the

  9  third-party administrator by February 28, 2003, department and

10  the personnel officer of the employer within 90 days after

11  December 1, 2002 or, in the case of an active employee who is

12  on a leave of absence on October December 1, 2002, by February

13  28, 2003, or within 90 days after the conclusion of the leave

14  of absence, whichever is later. This election is irrevocable,

15  except as provided in paragraph (e). Upon making such

16  election, the employee shall be enrolled as a participant of

17  the Public Employee Optional Retirement Program, the

18  employee's membership in the Florida Retirement System shall

19  be governed by the provisions of this part, and the employee's

20  membership in the defined benefit program of the Florida

21  Retirement System shall terminate. The employee's enrollment

22  in the Public Employee Optional Retirement Program shall be

23  effective the first day of the month for which a full month's

24  employer contribution is made to the optional program.

25         b.  Any such employee who fails to elect to participate

26  in the Public Employee Optional Retirement Program within the

27  prescribed time period 90 days is deemed to have elected to

28  retain membership in the defined benefit program of the

29  Florida Retirement System, and the employee's option to elect

30  to participate in the optional program is forfeited.

31


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  1         2.  With respect to employees who become eligible to

  2  participate in the Public Employee Optional Retirement Program

  3  by reason of employment in a regularly established position

  4  with a local employer commencing after October December 1,

  5  2002:

  6         a.  Any such employee shall, by default, be enrolled in

  7  the defined benefit retirement program of the Florida

  8  Retirement System at the commencement of employment, and may,

  9  by the end of the 5th month following the employee's month of

10  hire within 180 days after employment commences, elect to

11  participate in the Public Employee Optional Retirement

12  Program. The employee's election must be made in writing or by

13  electronic means and must be filed with the third-party

14  administrator personnel officer of the employer. The election

15  to participate in the optional program is irrevocable, except

16  as provided in paragraph (e).

17         b.  If the employee files such election before the

18  initial payroll is submitted for the employee, enrollment in

19  the Public Employee Optional Retirement Program shall be

20  effective on the first day of employment.

21         b.c.  If the employee files such election within the

22  prescribed time period 180 days after employment commences,

23  but after the initial payroll is submitted for the employee,

24  enrollment in the optional program shall be effective on the

25  first day of employment the month for which a full month's

26  employer contribution is made to the optional program. The

27  employer retirement contributions paid through the month of

28  the employee plan change shall be transferred to the optional

29  program, and, effective the first day of the next month, the

30  employer shall pay the applicable contributions based on the

31  employee membership class in the optional program.


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  1         c.d.  Any such employee who fails to elect to

  2  participate in the Public Employee Optional Retirement Program

  3  within the prescribed time period 180 days is deemed to have

  4  elected to retain membership in the defined benefit program of

  5  the Florida Retirement System, and the employee's option to

  6  elect to participate in the optional program is forfeited.

  7         3.  For purposes of this paragraph, "local employer"

  8  means any employer not included in paragraph (a) or paragraph

  9  (b).

10         (7)  BENEFITS.--Under the Public Employee Optional

11  Retirement Program:

12         (a)  Benefits shall be provided in accordance with s.

13  401(a) of the Internal Revenue Code.

14         (b)  Benefits shall accrue in individual accounts that

15  are participant-directed, portable, and funded by employer

16  contributions and earnings thereon.

17         (c)  Benefits shall be payable in accordance with the

18  provisions of s. 121.591. following terms and conditions:

19         1.  To the extent vested, benefits shall be payable

20  only to a participant, or to his or her beneficiaries as

21  designated by the participant.

22         2.  Benefits shall be paid by the third-party

23  administrator or designated approved providers in accordance

24  with the law, the contracts, and any applicable board rule or

25  policy.

26         3.  To begin receiving the benefits, the participant

27  must be terminated from all employment with all Florida

28  Retirement System employers, as provided in s. 121.021(39), or

29  the participant must be deceased. If a participant elects to

30  receive his or her benefits upon termination of employment,

31  the participant must submit a written application to the


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  1  third-party administrator indicating his or her preferred

  2  distribution date and selecting an authorized method of

  3  distribution as provided in paragraph (d). The participant may

  4  defer receipt of benefits until he or she chooses to make such

  5  application, subject to federal requirements.

  6         4.  In the event of a participant's death, moneys

  7  accumulated by, or on behalf of, the participant, less

  8  withholding taxes remitted to the Internal Revenue Service,

  9  shall be distributed to the participant's designated

10  beneficiary or beneficiaries, or to the participant's estate,

11  as if the participant retired on the date of death, as

12  provided in paragraph (e). No other death benefits shall be

13  available for survivors of participants under the Public

14  Employee Optional Retirement Program, except for such

15  benefits, or coverage for such benefits, as are separately

16  afforded by the employer, at the employer's discretion.

17         (d)  Upon receipt by the third-party administrator of a

18  properly executed application for distribution of benefits,

19  the total accumulated benefit shall be payable to the

20  participant, as:

21         1.  A lump-sum distribution to the participant;

22         2.  A lump-sum direct rollover distribution whereby all

23  accrued benefits, plus interest and investment earnings, are

24  paid from the participant's account directly to the custodian

25  of an eligible retirement plan, as defined in s. 402(c)(8)(B)

26  of the Internal Revenue Code, on behalf of the participant; or

27         3.  Periodic distributions, as authorized by the state

28  board.

29         (e)  Survivor benefits shall be payable as:

30         1.  A lump-sum distribution payable to the

31  beneficiaries, or to the deceased participant's estate;


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  1         2.  An eligible rollover distribution on behalf of the

  2  surviving spouse of a deceased participant, whereby all

  3  accrued benefits, plus interest and investment earnings, are

  4  paid from the deceased participant's account directly to the

  5  custodian of an individual retirement account or an individual

  6  retirement annuity, as described in s. 402(c)(9) of the

  7  Internal Revenue Code, on behalf of the surviving spouse; or

  8         3.  A partial lump-sum payment whereby a portion of the

  9  accrued benefit is paid to the deceased participant's

10  surviving spouse or other designated beneficiaries, less

11  withholding taxes remitted to the Internal Revenue Service,

12  and the remaining amount is transferred directly to the

13  custodian of an individual retirement account or an individual

14  retirement annuity, as described in s. 402(c)(9) of the

15  Internal Revenue Code, on behalf of the surviving spouse. The

16  proportions must be specified by the participant or the

17  surviving beneficiary.

18

19  This paragraph does not abrogate other applicable provisions

20  of state or federal law providing for payment of death

21  benefits.

22         (f)  The benefits payable to any person under the

23  Public Employee Optional Retirement Program, and any

24  contributions accumulated under such program, are not subject

25  to assignment, execution, attachment, or any legal process,

26  except for qualified domestic relations orders by a court of

27  competent jurisdiction, income deduction orders as provided in

28  s. 61.1301, and federal income tax levies.

29         (16)  DISABILITY BENEFITS.--For any participant of the

30  optional retirement program who becomes totally and

31  permanently disabled, benefits shall be paid in accordance


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  1  with the provisions of s. 121.591 as defined in s.

  2  121.091(4)(b), the participant shall be entitled to receive

  3  those moneys that have accrued in his or her participant

  4  account.  It is the intent of the Legislature to design a

  5  disability benefit for participants of the optional program

  6  similar to those disability benefits afforded defined benefit

  7  program members.  The department is directed to study the

  8  potential options of such coverage, including self-insurance

  9  and commercial coverage, the alternative methods of

10  administering such benefits, and the fiscal impacts on the

11  employees and employers, and to make recommendations to the

12  Legislature by January 15, 2001.

13         Section 9.  Section 121.591, Florida Statutes, is

14  created to read:

15         121.591  Benefits payable under the Public Employee

16  Optional Retirement Program of the Florida Retirement

17  System.--Benefits may not be paid under this section unless

18  the member has terminated employment as provided in s.

19  121.021(39)(a) or is deceased and a proper application has

20  been filed in the manner prescribed by the state board or the

21  department. The state board or department, as appropriate, may

22  cancel an application for retirement benefits when the member

23  or beneficiary fails to timely provide the information and

24  documents required by this chapter and the rules of the state

25  board and department. In accordance with their respective

26  responsibilities as provided herein, the State Board of

27  Administration and the Department of Management Services shall

28  adopt rules establishing procedures for application for

29  retirement benefits and for the cancellation of such

30  application when the required information or documents are not

31  received.


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  1         (1)  NORMAL BENEFITS.--Under the Public Employee

  2  Optional Retirement Program:

  3         (a)  Benefits in the form of vested accumulations as

  4  described in s. 121.4501(6) shall be payable under this

  5  subsection in accordance with the following terms and

  6  conditions:

  7         1.  To the extent vested, benefits shall be payable

  8  only to a participant.

  9         2.  Benefits shall be paid by the third-party

10  administrator or designated approved providers in accordance

11  with the law, the contracts, and any applicable board rule or

12  policy.

13         3.  To receive benefits under this subsection, the

14  participant must be terminated from all employment with all

15  Florida Retirement System employers, as provided in s.

16  121.021(39).

17         (b)  If a participant elects to receive his or her

18  benefits upon termination of employment, the participant must

19  submit a written application to the third-party administrator

20  indicating his or her preferred distribution date and

21  selecting an authorized method of distribution as provided in

22  paragraph (c). The participant may defer receipt of benefits

23  until he or she chooses to make such application, subject to

24  federal requirements.

25         (c)  Upon receipt by the third-party administrator of a

26  properly executed application for distribution of benefits,

27  the total accumulated benefit shall be payable to the

28  participant, as:

29         1.  A lump-sum distribution to the participant;

30         2.  A lump-sum direct rollover distribution whereby all

31  accrued benefits, plus interest and investment earnings, are


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  1  paid from the participant's account directly to the custodian

  2  of an eligible retirement plan, as defined in s. 402(c)(8)(B)

  3  of the Internal Revenue Code, on behalf of the participant; or

  4         3.  Periodic distributions, as authorized by the state

  5  board.

  6         (2)  DISABILITY RETIREMENT BENEFITS.--Benefits provided

  7  under this subsection are payable in lieu of the benefits

  8  which would otherwise be payable under the provisions of

  9  subsection (1). Such benefits shall be funded entirely from

10  employer contributions made under s. 121.571, transferred

11  participant funds accumulated pursuant to paragraph (a), and

12  interest and earnings thereon. Pursuant thereto:

13         (a)  Transfer of funds.--To qualify to receive monthly

14  disability benefits under this subsection:

15         1.  All moneys accumulated in the participant's Public

16  Employee Optional Retirement Program accounts, including

17  vested and nonvested accumulations as described in s.

18  121.4501(6), shall be transferred from such individual

19  accounts to the Division of Retirement for deposit in the

20  disability account of the Florida Retirement System Trust

21  Fund. Such moneys shall be separately accounted for. Earnings

22  shall be credited on an annual basis for amounts held in the

23  disability accounts of the Florida Retirement System Trust

24  Fund based on actual earnings of the Florida Retirement System

25  Trust Fund.

26         2.  If the participant has retained retirement credit

27  he or she had earned under the defined benefit program of the

28  Florida Retirement System as provided in s. 121.4501(3)(b), a

29  sum representing the actuarial present value of such credit

30  within the Florida Retirement System Trust Fund shall be

31  reassigned by the Division of Retirement from the defined


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  1  benefit program to the disability program as implemented under

  2  this subsection and shall be deposited in the disability

  3  account of the Florida Retirement System Trust Fund. Such

  4  moneys shall be separately accounted for.

  5         (b)  Disability retirement; entitlement.--

  6         1.  A participant of the Public Employee Optional

  7  Retirement Program who becomes totally and permanently

  8  disabled, as defined in s. 121.091(4)(b), after completing 8

  9  years of creditable service, or a participant who becomes

10  totally and permanently disabled in the line of duty

11  regardless of his or her length of service, shall be entitled

12  to a monthly disability benefit as provided herein.

13         2.  In order for service to apply toward the 8 years of

14  service required to vest for regular disability benefits, or

15  toward the creditable service used in calculating a

16  service-based benefit as provided for under paragraph (g), the

17  service must be creditable service as described below:

18         a.  The participant's period of service under the

19  Public Employee Optional Retirement Program will be considered

20  creditable service, except as provided in subparagraph d.

21         b.  If the participant has elected to retain credit for

22  his or her service under the defined benefit program of the

23  Florida Retirement System as provided under s. 121.4501(3)(b),

24  all such service will be considered creditable service.

25         c.  If the participant has elected to transfer to his

26  or her participant accounts a sum representing the present

27  value of his or her retirement credit under the defined

28  benefit program as provided under s. 121.4501(3)(c), the

29  period of service under the defined benefit program

30  represented in the present value amounts transferred will be

31


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  1  considered creditable service for purposes of vesting for

  2  disability benefits, except as provided in subparagraph d.

  3         d.  Whenever a participant has terminated employment

  4  and has taken distribution of his or her funds as provided in

  5  subsection (1), all creditable service represented by such

  6  distributed funds is forfeited for purposes of this

  7  subsection.

  8         (c)  Disability retirement effective date.--The

  9  effective retirement date for a participant who applies and is

10  approved for disability retirement shall be established as

11  provided under s. 121.091(4)(a)2. and 3.

12         (d)  Total and permanent disability.--A participant

13  shall be considered totally and permanently disabled if, in

14  the opinion of the division, he or she is prevented, by reason

15  of a medically determinable physical or mental impairment,

16  from rendering useful and efficient service as an officer or

17  employee.

18         (e)  Proof of disability.--The division, before

19  approving payment of any disability retirement benefit, shall

20  require proof that the participant is totally and permanently

21  disabled in the same manner as provided for members of the

22  defined benefit program of the Florida Retirement System under

23  s. 121.091(4)(c).

24         (f)  Disability retirement benefit.--Upon the

25  disability retirement of a participant under this subsection,

26  the participant shall receive a monthly benefit that shall

27  begin to accrue on the first day of the month of disability

28  retirement, as approved by the division, and shall be payable

29  on the last day of that month and each month thereafter during

30  his or her lifetime and continued disability. All disability

31  benefits payable to such member shall be paid out of the


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  1  disability account of the Florida Retirement System Trust Fund

  2  established under this subsection.

  3         (g)  Computation of disability retirement benefit.--The

  4  amount of each monthly payment shall be calculated in the same

  5  manner as provided for members of the defined benefit program

  6  of the Florida Retirement System under s. 121.091(4)(f). For

  7  such purpose, creditable service under both the defined

  8  benefit program and the Public Employee Optional Retirement

  9  Program of the Florida Retirement System shall be applicable

10  as provided under paragraph (b).

11         (h)  Reapplication.--A participant whose initial

12  application for disability retirement has been denied may

13  reapply for disability benefits in the same manner, and under

14  the same conditions, as provided for members of the defined

15  benefit program of the Florida Retirement System under s.

16  121.091(4)(g).

17         (i)  Membership.--Upon approval of an application for

18  disability benefits under this subsection, the applicant shall

19  be transferred to the defined benefit program of the Florida

20  Retirement System, effective upon his or her disability

21  retirement effective date.

22         (j)  Option to cancel.--Any participant whose

23  application for disability benefits is approved may cancel his

24  or her application for disability benefits, provided that the

25  cancellation request is received by the division before a

26  disability retirement warrant has been deposited, cashed, or

27  received by direct deposit. Upon such cancellation:

28         1.  The participant's transfer to the defined benefit

29  program under paragraph (i) shall be nullified;

30

31


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  1         2.  The participant shall be retroactively reinstated

  2  in the Public Employee Optional Retirement Program without

  3  hiatus;

  4         3.  All funds transferred to the Florida Retirement

  5  System Trust Fund under paragraph (a) shall be returned to the

  6  participant accounts from which such funds were drawn; and

  7         4.  The participant may elect to receive the benefit

  8  payable under the provisions of subsection (1) in lieu of

  9  disability benefits as provided under this subsection.

10         (k)  Recovery from disability.--

11         1.  The division may require periodic reexaminations at

12  the expense of the disability program account of the Florida

13  Retirement System Trust Fund. Except as otherwise provided in

14  subparagraph 2., the requirements, procedures, and

15  restrictions relating to the conduct and review of such

16  reexaminations, discontinuation or termination of benefits,

17  reentry into employment, disability retirement after reentry

18  into covered employment, and all other matters relating to

19  recovery from disability shall be the same as are set forth

20  under s. 121.091(4)(h).

21         2.  Upon recovery from disability, any recipient of

22  disability retirement benefits under this subsection shall be

23  a compulsory member of the Public Employee Optional Retirement

24  Program of the Florida Retirement System. The net difference

25  between the recipient's original account balance transferred

26  to the Florida Retirement System Trust Fund, including

27  earnings, under paragraph (a) and total disability benefits

28  paid to such recipient, if any, shall be determined as

29  provided in sub-subparagraph a.

30         a.  An amount equal to the total benefits paid shall be

31  subtracted from that portion of the transferred account


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  1  balance consisting of vested accumulations as described under

  2  s. 121.4501(6), if any, and an amount equal to the remainder

  3  of benefit amounts paid, if any, shall then be subtracted from

  4  any remaining portion consisting of nonvested accumulations as

  5  described under s. 121.4501(6).

  6         b.  Amounts subtracted under sub-subparagraph a. shall

  7  be retained within the disability account of the Florida

  8  Retirement System Trust Fund. Any remaining account balance

  9  shall be transferred to the third-party administrator for

10  disposition as provided under sub-subparagraph c. or

11  sub-subparagraph d., as appropriate.

12         c.  If the recipient returns to covered employment,

13  transferred amounts shall be deposited in individual accounts

14  under the Public Employee Optional Retirement Program, as

15  directed by the participant. Vested and nonvested amounts

16  shall be separately accounted for as provided in s.

17  121.4501(6).

18         d.  If the recipient fails to return to covered

19  employment upon recovery from disability:

20         (I)  Any remaining vested amount shall be deposited in

21  individual accounts under the Public Employee Optional

22  Retirement Program, as directed by the participant, and shall

23  be payable as provided in subsection (1).

24         (II)  Any remaining nonvested amount shall be held in a

25  suspense account and shall be forfeitable after 5 years as

26  provided in s. 121.4501(6).

27         3.  If present value was reassigned from the defined

28  benefit program to the disability program of the Florida

29  Retirement System as provided under subparagraph (a)2., the

30  full present value amount shall be returned to the defined

31  benefit account within the Florida Retirement System Trust


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  1  Fund and the affected individual's associated retirement

  2  credit under the defined benefit program shall be reinstated

  3  in full. Any benefit based upon such credit shall be

  4  calculated as provided in s. 121.091(4)(h)1.

  5         (l)  Nonadmissible causes of disability.--A participant

  6  shall not be entitled to receive a disability retirement

  7  benefit if the disability results from any injury or disease

  8  sustained or inflicted as described in s. 121.091(4)(i).

  9         (m)  Disability retirement of justice or judge by order

10  of Supreme Court.--

11         1.  If a participant is a justice of the Supreme Court,

12  judge of a district court of appeal, circuit judge, or judge

13  of a county court who has served for 6 years or more as an

14  elected constitutional judicial officer, including service as

15  a judicial officer in any court abolished pursuant to Article

16  V of the State Constitution, and who is retired for disability

17  by order of the Supreme Court upon recommendation of the

18  Judicial Qualifications Commission pursuant to the provisions

19  of Article V of the State Constitution, the participant's

20  Option 1 monthly disability benefit amount as provided in s.

21  121.091(6)(a)1. shall be two-thirds of his or her monthly

22  compensation as of the participant's disability retirement

23  date.  Such a participant may alternatively elect to receive

24  an actuarially adjusted disability retirement benefit under

25  any other option as provided in s. 121.091(6)(a), or to

26  receive the normal benefit payable under the Public Employee

27  Optional Retirement Program as set forth in subsection (1).

28         2.  If any justice or judge who is a participant of the

29  Public Employee Optional Retirement Program of the Florida

30  Retirement System is retired for disability by order of the

31  Supreme Court upon recommendation of the Judicial


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  1  Qualifications Commission pursuant to the provisions of

  2  Article V of the State Constitution and elects to receive a

  3  monthly disability benefit under the provisions of this

  4  paragraph:

  5         a.  Any present value amount that was transferred to

  6  his or her program account and all employer contributions made

  7  to such account on his or her behalf, plus interest and

  8  earnings thereon, shall be transferred to and deposited in the

  9  disability account of the Florida Retirement System Trust

10  Fund; and

11         b.  The monthly benefits payable under this paragraph

12  for any affected justice or judge retired from the Florida

13  Retirement System pursuant to Article V of the State

14  Constitution shall be paid from the disability account of the

15  Florida Retirement System Trust Fund.

16         (n)  Upon the death of a disabled retiree or

17  beneficiary thereof who is receiving monthly benefits under

18  this subsection, the monthly benefits shall be paid through

19  the last day of the month of death and shall terminate, or be

20  adjusted, if applicable, as of that date in accordance with

21  the optional form of benefit selected at the time of

22  retirement.  The deceased disabled retiree's beneficiary shall

23  also receive the amount of the participant's remaining account

24  balance, if any, in the Florida Retirement System Trust Fund.

25  The Department of Management Services may adopt rules

26  necessary to administer this paragraph.

27         (3)  DEATH BENEFITS.--Under the Public Employee

28  Optional Retirement Program:

29         (a)  Survivor benefits shall be payable in accordance

30  with the following terms and conditions:

31


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  1         1.  To the extent vested, benefits shall be payable

  2  only to a participant's beneficiary or beneficiaries as

  3  designated by the participant. If a participant designates a

  4  primary beneficiary other than the participant's spouse, the

  5  participant's spouse shall be notified of the designation.

  6  This requirement shall not apply to the designation of one or

  7  more contingent beneficiaries to receive any benefits

  8  remaining upon the death of the primary beneficiary or

  9  beneficiaries.

10         2.  Benefits shall be paid by the third-party

11  administrator or designated approved providers in accordance

12  with the law, the contracts, and any applicable board rule or

13  policy.

14         3.  To receive benefits under this subsection, the

15  participant must be deceased.

16         (b)  In the event of a participant's death, all vested

17  accumulations as described in s. 121.4501(6), less withholding

18  taxes remitted to the Internal Revenue Service, shall be

19  distributed, as provided in paragraph (c), to the

20  participant's designated beneficiary or beneficiaries, or to

21  the participant's estate, as if the participant retired on the

22  date of death. No other death benefits shall be available for

23  survivors of participants under the Public Employee Optional

24  Retirement Program, except for such benefits, or coverage for

25  such benefits, as are otherwise provided by law or are

26  separately afforded by the employer, at the employer's

27  discretion.

28         (c)  Upon receipt by the third-party administrator of a

29  properly executed application for distribution of benefits,

30  the total accumulated benefit shall be payable by the

31


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  1  third-party administrator to the participant's surviving

  2  beneficiary or beneficiaries, as:

  3         1.  A lump-sum distribution payable to the beneficiary

  4  or beneficiaries, or to the deceased participant's estate;

  5         2.  An eligible rollover distribution on behalf of the

  6  surviving spouse of a deceased participant, whereby all

  7  accrued benefits, plus interest and investment earnings, are

  8  paid from the deceased participant's account directly to the

  9  custodian of an eligible retirement plan, as described in s.

10  402(c)(8)(B) of the Internal Revenue Code, on behalf of the

11  surviving spouse; or

12         3.  A partial lump-sum payment whereby a portion of the

13  accrued benefit is paid to the deceased participant's

14  surviving spouse or other designated beneficiaries, less

15  withholding taxes remitted to the Internal Revenue Service,

16  and the remaining amount is transferred directly to the

17  custodian of an eligible retirement plan, as described in s.

18  402(c)(8)(B) of the Internal Revenue Code, on behalf of the

19  surviving spouse. The proportions must be specified by the

20  participant or the surviving beneficiary.

21

22  This paragraph does not abrogate other applicable provisions

23  of state or federal law providing for payment of death

24  benefits.

25         (4)  LIMITATION ON LEGAL PROCESS.--The benefits payable

26  to any person under the Public Employee Optional Retirement

27  Program, and any contributions accumulated under such program,

28  are not subject to assignment, execution, attachment, or any

29  legal process, except for qualified domestic relations orders

30  by a court of competent jurisdiction, income deduction orders

31  as provided in s. 61.1301, and federal income tax levies.


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  1         Section 10.  The Legislature finds that a proper and

  2  legitimate state purpose is served when employees and retirees

  3  of the state and of its political subdivisions, and the

  4  dependents, survivors, and beneficiaries of such employees and

  5  retirees, are extended the basic protections afforded by

  6  governmental retirement systems that provide fair and adequate

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

  8  actuarially sound manner, as required by s. 14, Art. X of the

  9  State Constitution and part VII of chapter 112, Florida

10  Statutes. Therefore, the Legislature hereby determines and

11  declares that this act fulfills an important state interest.

12         Section 11.  Notwithstanding any provision to the

13  contrary and the authority of the Department of Management

14  Services, the Department of Management Services may contract

15  with a private-sector company selected and approved by the

16  department for services to administer the disability benefit

17  program.  Not later than March 1, 2003, the department may

18  provide to the Legislature for its approval an alternative

19  method for administering and funding disability benefits for

20  participants in the Public Employee Optional Retirement

21  Program and the Florida Retirement System, including through

22  commercial insurance coverage.

23         Section 12.  It is the intent of the Legislature that

24  the disability retirement program for participants of the

25  Public Employee Optional Retirement Program as created in this

26  act must meet all applicable requirements of federal law for a

27  qualified plan.  The Department of Management Services shall

28  seek a private letter ruling from the Internal Revenue Service

29  on the disability retirement program for participants of the

30  Public Employee Optional Retirement Program.  Consistent with

31  the private letter ruling, the Department of Management


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  1  Services shall adopt any necessary rules required to maintain

  2  the qualified status of the disability retirement program and

  3  the Florida Retirement System defined benefit plan.

  4         Section 13.  Paragraph (b) of subsection (1) of section

  5  121.053, Florida Statutes, is amended to read:

  6         121.053  Participation in the Elected Officers' Class

  7  for retired members.--

  8         (1)

  9         (b)  Any retired member of the Florida Retirement

10  System, or any existing system as defined in s. 121.021(2),

11  who, on or after July 1, 1990, is serving in, or is elected or

12  appointed to, an elective office covered by the Elected

13  Officers' Class shall be enrolled in the appropriate subclass

14  of the Elected Officers' Class of the Florida Retirement

15  System, and applicable contributions shall be paid into the

16  Florida Retirement System Trust Fund as provided in s.

17  121.052(7). Pursuant thereto:

18         1.  Any such retired member shall be eligible to

19  continue to receive retirement benefits as well as

20  compensation for the elected officer service for as long as he

21  or she remains in an elective office covered by the Elected

22  Officers' Class.

23         2.  If any such member serves in an elective office

24  covered by the Elected Officers' Class and becomes vested

25  under that class, he or she shall be entitled to receive an

26  additional retirement benefit for such elected officer

27  service.

28         3.  Such member shall be entitled to purchase

29  additional retirement credit in the Elected Officers' Class

30  for any postretirement service performed in an elected

31  position eligible for the Elected Officers' Class prior to


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  1  July 1, 1990, or in the Regular Class for any postretirement

  2  service performed in any other regularly established position

  3  prior to July 1, 1991, by paying the applicable Elected

  4  Officers' Class or Regular Class employee and employer

  5  contributions for the period being claimed, plus 4 percent

  6  interest compounded annually from the first year of service

  7  claimed until July 1, 1975, and 6.5 percent interest

  8  compounded thereafter, until full payment is made to the

  9  Florida Retirement System Trust Fund. The contribution for

10  postretirement Regular Class service between July 1, 1985, and

11  July 1, 1991, for which the reemployed retiree contribution

12  was paid, shall be the difference between such contribution

13  and the total applicable contribution for the period being

14  claimed, plus interest. The employer of such member may pay

15  the applicable employer contribution in lieu of the member. If

16  a member does not wish to claim credit for all of the

17  postretirement service for which he or she is eligible, the

18  service the member claims must be the most recent service.

19         4.  Creditable service for which credit was received,

20  or which remained unclaimed, at retirement may not be claimed

21  or applied toward service credit earned following renewed

22  membership. However, service earned in accordance with the

23  renewed membership provisions in s. 121.122 may be used in

24  conjunction with creditable service earned under this

25  paragraph, provided applicable vesting requirements and other

26  existing statutory conditions required by this chapter are

27  met.

28         5.  An elected officer who is elected or appointed to

29  an elective office and is participating in the Deferred

30  Retirement Option Program is not subject to termination as

31  provided in s. 121.021(39)(b), or reemployment limitations as


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  1  provided in s. 121.091(9), until the end of his or her current

  2  term of office or, if the officer is consecutively elected or

  3  reelected to an elective office eligible for coverage under

  4  the Florida Retirement System, until he or she no longer holds

  5  such an elective office, as follows:

  6         a.  At the end of the 60-month DROP period:

  7         (I)  The officer's DROP account shall accrue no

  8  additional monthly benefits, but shall continue to earn

  9  interest as provided in s. 121.091(13).

10         (II)  No retirement contributions shall be required of

11  the employer of the elected officer and no additional

12  retirement credit shall be earned under the Florida Retirement

13  System.

14         b.  Nothing herein shall prevent an elected officer

15  from voluntarily terminating his or her elective office at any

16  time and electing to receive his or her DROP proceeds.

17  However, until termination requirements are fulfilled as

18  provided in s. 121.021(39), any elected officer whose

19  termination limitations are extended by this section shall be

20  ineligible for renewed membership in the system and shall

21  receive no pension payments, DROP lump sum payments, or any

22  other state payment other than the statutorily determined

23  salary, travel, and per diem for the elective office.

24         c.  Upon termination, the officer shall receive his or

25  her accumulated DROP account, plus interest, and shall accrue

26  and commence receiving monthly retirement benefits, which

27  shall be paid on a prospective basis only.

28

29  However, an officer electing to participate in the Deferred

30  Retirement Option Program on or before June 30, 2002, shall

31  not be required to terminate and shall remain subject to the


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  1  provisions of this subparagraph as adopted in section 1 of

  2  chapter 2001-235, Laws of Florida Any elected officer who is a

  3  participating member of DROP may terminate participation at

  4  any time during the 60-month DROP participation period and

  5  elect to enroll in the appropriate subclass of the Elected

  6  Officers' Class, including participating in the Senior

  7  Management Service Class, effective the first day of the

  8  following month.

  9         Section 14.  Paragraph (b) of subsection (13) of

10  section 121.091, Florida Statutes, is amended to read:

11         121.091  Benefits payable under the system.--Benefits

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

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

14  begun participation in the Deferred Retirement Option Program

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

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

17  department may cancel an application for retirement benefits

18  when the member or beneficiary fails to timely provide the

19  information and documents required by this chapter and the

20  department's rules. The department shall adopt rules

21  establishing procedures for application for retirement

22  benefits and for the cancellation of such application when the

23  required information or documents are not received.

24         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,

25  and subject to the provisions of this section, the Deferred

26  Retirement Option Program, hereinafter referred to as the

27  DROP, is a program under which an eligible member of the

28  Florida  Retirement System may elect to participate, deferring

29  receipt of retirement benefits while continuing employment

30  with his or her Florida Retirement System employer. The

31  deferred monthly benefits shall accrue in the System Trust


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  1  Fund on behalf of the participant, plus interest compounded

  2  monthly, for the specified period of the DROP participation,

  3  as provided in paragraph (c). Upon termination of employment,

  4  the participant shall receive the total DROP benefits and

  5  begin to receive the previously determined normal retirement

  6  benefits. Participation in the DROP does not guarantee

  7  employment for the specified period of DROP.

  8         (b)  Participation in the DROP.--

  9         1.  An eligible member may elect to participate in the

10  DROP for a period not to exceed a maximum of 60 calendar

11  months immediately following the date on which the member

12  first reaches his or her normal retirement date or the date to

13  which he or she is eligible to defer his or her election to

14  participate as provided in subparagraph (a)2. However, a

15  member who has reached normal retirement date prior to the

16  effective date of the DROP shall be eligible to participate in

17  the DROP for a period of time not to exceed 60 calendar months

18  immediately following the effective date of the DROP, except a

19  member of the Special Risk Class who has reached normal

20  retirement date prior to the effective date of the DROP and

21  whose total accrued value exceeds 75 percent of average final

22  compensation as of his or her effective date of retirement

23  shall be eligible to participate in the DROP for no more than

24  36 calendar months immediately following the effective date of

25  the DROP.

26         2.  Upon deciding to participate in the DROP, the

27  member shall submit, on forms required by the division:

28         a.  A written election to participate in the DROP;

29         b.  Selection of the DROP participation and termination

30  dates, which satisfy the limitations stated in paragraph (a)

31  and subparagraph 1. Such termination date shall be in a


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  1  binding letter of resignation with the employer, establishing

  2  a deferred termination date. The member may change the

  3  termination date within the limitations of subparagraph 1.,

  4  but only with the written approval of his or her employer;

  5         c.  A properly completed DROP application for service

  6  retirement as provided in this section; and

  7         d.  Any other information required by the division.

  8         3.  The DROP participant shall be a retiree under the

  9  Florida Retirement System for all purposes, except for

10  paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363,

11  121.053, and 121.122. However, participation in the DROP does

12  not alter the participant's employment status and such

13  employee shall not be deemed retired from employment until his

14  or her deferred resignation is effective and termination

15  occurs as provided in s. 121.021(39).

16         4.  Elected officers shall be eligible to participate

17  in the DROP subject to the following:

18         a.  An elected officer who reaches normal retirement

19  date during a term of office may defer the election to

20  participate in the DROP until the next succeeding term in that

21  office. Such elected officer who exercises this option may

22  participate in the DROP for up to 60 calendar months or a

23  period of no longer than such succeeding term of office,

24  whichever is less.

25         b.  An elected or a nonelected participant may run for

26  a term of office while participating in DROP and, if elected,

27  extend the DROP termination date accordingly, except, however,

28  if such additional term of office exceeds the 60-month

29  limitation established in subparagraph 1., and the officer

30  does not resign from office within such 60-month limitation,

31


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  1  the retirement and the participant's DROP shall be null and

  2  void as provided in sub-subparagraph (c)5.d.

  3         c.  An elected officer who is dually employed and

  4  elects to participate in DROP shall be required to satisfy the

  5  definition of termination within the 60-month limitation

  6  period as provided in subparagraph 1. for the nonelected

  7  position and may continue employment as an elected officer as

  8  provided in s. 121.053. The elected officer will be enrolled

  9  as a renewed member in the Elected Officers' Class or the

10  Regular Class, as provided in ss. 121.053 and 121.22, on the

11  first day of the month after termination of employment in the

12  nonelected position and termination of DROP. Distribution of

13  the DROP benefits shall be made as provided in paragraph (c).

14         d.  An elected officer who is elected or appointed to

15  an elective office is not subject to termination limitations

16  as provided in chapter 121.

17         Section 15.  Paragraph (b) of subsection (9) and

18  paragraph (b) of subsection (13) of section 121.091, Florida

19  Statutes, are amended to read:

20         121.091  Benefits payable under the system.--Benefits

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

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

23  begun participation in the Deferred Retirement Option Program

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

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

26  department may cancel an application for retirement benefits

27  when the member or beneficiary fails to timely provide the

28  information and documents required by this chapter and the

29  department's rules. The department shall adopt rules

30  establishing procedures for application for retirement

31


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  1  benefits and for the cancellation of such application when the

  2  required information or documents are not received.

  3         (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--

  4         (b)1.  Any person who is retired under this chapter,

  5  except under the disability retirement provisions of

  6  subsection (4), may be reemployed by any private or public

  7  employer after retirement and receive retirement benefits and

  8  compensation from his or her employer without any limitations,

  9  except that a person may not receive both a salary from

10  reemployment with any agency participating in the Florida

11  Retirement System and retirement benefits under this chapter

12  for a period of 12 months immediately subsequent to the date

13  of retirement. However, a DROP participant shall continue

14  employment and receive a salary during the period of

15  participation in the Deferred Retirement Option Program, as

16  provided in subsection (13).

17         2.  Any person to whom the limitation in subparagraph

18  1. applies who violates such reemployment limitation and who

19  is reemployed with any agency participating in the Florida

20  Retirement System before completion of the 12-month limitation

21  period shall give timely notice of this fact in writing to the

22  employer and to the division and shall have his or her

23  retirement benefits suspended for the balance of the 12-month

24  limitation period.  Any person employed in violation of this

25  paragraph and any employing agency which knowingly employs or

26  appoints such person without notifying the Division of

27  Retirement to suspend retirement benefits shall be jointly and

28  severally liable for reimbursement to the retirement trust

29  fund of any benefits paid during the reemployment limitation

30  period.  To avoid liability, such employing agency shall have

31  a written statement from the retiree that he or she is not


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  1  retired from a state-administered retirement system.  Any

  2  retirement benefits received while reemployed during this

  3  reemployment limitation period shall be repaid to the

  4  retirement trust fund, and retirement benefits shall remain

  5  suspended until such repayment has been made.  Benefits

  6  suspended beyond the reemployment limitation shall apply

  7  toward repayment of benefits received in violation of the

  8  reemployment limitation.

  9         3.  A district school board may reemploy a retired

10  member as a substitute or hourly teacher, education

11  paraprofessional, transportation assistant, bus driver, or

12  food service worker on a noncontractual basis after he or she

13  has been retired for 1 calendar month, in accordance with s.

14  121.021(39).  Any retired member who is reemployed within 1

15  calendar month after retirement shall void his or her

16  application for retirement benefits. District school boards

17  reemploying such teachers, education paraprofessionals,

18  transportation assistants, bus drivers, or food service

19  workers are subject to the retirement contribution required by

20  subparagraph 7.  Reemployment of a retired member as a

21  substitute or hourly teacher, education paraprofessional,

22  transportation assistant, bus driver, or food service worker

23  is limited to 780 hours during the first 12 months of his or

24  her retirement.  Any retired member reemployed for more than

25  780 hours during his or her first 12 months of retirement

26  shall give timely notice in writing to the employer and to the

27  division of the date he or she will exceed the limitation.

28  The division shall suspend his or her retirement benefits for

29  the remainder of the first 12 months of retirement.  Any

30  person employed in violation of this subparagraph and any

31  employing agency which knowingly employs or appoints such


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  1  person without notifying the Division of Retirement to suspend

  2  retirement benefits shall be jointly and severally liable for

  3  reimbursement to the retirement trust fund of any benefits

  4  paid during the reemployment limitation period.  To avoid

  5  liability, such employing agency shall have a written

  6  statement from the retiree that he or she is not retired from

  7  a state-administered retirement system.  Any retirement

  8  benefits received by a retired member while reemployed in

  9  excess of 780 hours during the first 12 months of retirement

10  shall be repaid to the Retirement System Trust Fund, and his

11  or her retirement benefits shall remain suspended until

12  repayment is made.  Benefits suspended beyond the end of the

13  retired member's first 12 months of retirement shall apply

14  toward repayment of benefits received in violation of the

15  780-hour reemployment limitation.

16         4.  A community college board of trustees may reemploy

17  a retired member as an adjunct instructor, that is, an

18  instructor who is noncontractual and part-time, or as a

19  participant in a phased retirement program within the Florida

20  Community College System, after he or she has been retired for

21  1 calendar month, in accordance with s. 121.021(39).  Any

22  retired member who is reemployed within 1 calendar month after

23  retirement shall void his or her application for retirement

24  benefits.  Boards of trustees reemploying such instructors are

25  subject to the retirement contribution required in

26  subparagraph 7.  A retired member may be reemployed as an

27  adjunct instructor for no more than 780 hours during the first

28  12 months of retirement.  Any retired member reemployed for

29  more than 780 hours during the first 12 months of retirement

30  shall give timely notice in writing to the employer and to the

31  division of the date he or she will exceed the limitation.


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  1  The division shall suspend his or her retirement benefits for

  2  the remainder of the first 12 months of retirement.  Any

  3  person employed in violation of this subparagraph and any

  4  employing agency which knowingly employs or appoints such

  5  person without notifying the Division of Retirement to suspend

  6  retirement benefits shall be jointly and severally liable for

  7  reimbursement to the retirement trust fund of any benefits

  8  paid during the reemployment limitation period.  To avoid

  9  liability, such employing agency shall have a written

10  statement from the retiree that he or she is not retired from

11  a state-administered retirement system.  Any retirement

12  benefits received by a retired member while reemployed in

13  excess of 780 hours during the first 12 months of retirement

14  shall be repaid to the Retirement System Trust Fund, and

15  retirement benefits shall remain suspended until repayment is

16  made.  Benefits suspended beyond the end of the retired

17  member's first 12 months of retirement shall apply toward

18  repayment of benefits received in violation of the 780-hour

19  reemployment limitation.

20         5.  The State University System may reemploy a retired

21  member as an adjunct faculty member or as a participant in a

22  phased retirement program within the State University System

23  after the retired member has been retired for 1 calendar

24  month, in accordance with s. 121.021(39).  Any retired member

25  who is reemployed within 1 calendar month after retirement

26  shall void his or her application for retirement benefits.

27  The State University System is subject to the retired

28  contribution required in subparagraph 7., as appropriate. A

29  retired member may be reemployed as an adjunct faculty member

30  or a participant in a phased retirement program for no more

31  than 780 hours during the first 12 months of his or her


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  1  retirement.  Any retired member reemployed for more than 780

  2  hours during the first 12 months of retirement shall give

  3  timely notice in writing to the employer and to the division

  4  of the date he or she will exceed the limitation.  The

  5  division shall suspend his or her retirement benefits for the

  6  remainder of the first 12 months of retirement.  Any person

  7  employed in violation of this subparagraph and any employing

  8  agency which knowingly employs or appoints such person without

  9  notifying the Division of Retirement to suspend retirement

10  benefits shall be jointly and severally liable for

11  reimbursement to the retirement trust fund of any benefits

12  paid during the reemployment limitation period.  To avoid

13  liability, such employing agency shall have a written

14  statement from the retiree that he or she is not retired from

15  a state-administered retirement system.  Any retirement

16  benefits received by a retired member while reemployed in

17  excess of 780 hours during the first 12 months of retirement

18  shall be repaid to the Retirement System Trust Fund, and

19  retirement benefits shall remain suspended until repayment is

20  made.  Benefits suspended beyond the end of the retired

21  member's first 12 months of retirement shall apply toward

22  repayment of benefits received in violation of the 780-hour

23  reemployment limitation.

24         6.  The Board of Trustees of the Florida School for the

25  Deaf and the Blind may reemploy a retired member as a

26  substitute teacher, substitute residential instructor, or

27  substitute nurse on a noncontractual basis after he or she has

28  been retired for 1 calendar month, in accordance with s.

29  121.021(39).  Any retired member who is reemployed within 1

30  calendar month after retirement shall void his or her

31  application for retirement benefits. The Board of Trustees of


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  1  the Florida School for the Deaf and the Blind reemploying such

  2  teachers, residential instructors, or nurses is subject to the

  3  retirement contribution required by subparagraph 7.

  4  Reemployment of a retired member as a substitute teacher,

  5  substitute residential instructor, or substitute nurse is

  6  limited to 780 hours during the first 12 months of his or her

  7  retirement.  Any retired member reemployed for more than 780

  8  hours during the first 12 months of retirement shall give

  9  timely notice in writing to the employer and to the division

10  of the date he or she will exceed the limitation. The division

11  shall suspend his or her retirement benefits for the remainder

12  of the first 12 months of retirement.  Any person employed in

13  violation of this subparagraph and any employing agency which

14  knowingly employs or appoints such person without notifying

15  the Division of Retirement to suspend retirement benefits

16  shall be jointly and severally liable for reimbursement to the

17  retirement trust fund of any benefits paid during the

18  reemployment limitation period.  To avoid liability, such

19  employing agency shall have a written statement from the

20  retiree that he or she is not retired from a

21  state-administered retirement system.  Any retirement benefits

22  received by a retired member while reemployed in excess of 780

23  hours during the first 12 months of retirement shall be repaid

24  to the Retirement System Trust Fund, and his or her retirement

25  benefits shall remain suspended until payment is made.

26  Benefits suspended beyond the end of the retired member's

27  first 12 months of retirement shall apply toward repayment of

28  benefits received in violation of the 780-hour reemployment

29  limitation.

30         7.  The employment by an employer of any retiree or

31  DROP participant of any state-administered retirement system


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  1  shall have no effect on the average final compensation or

  2  years of creditable service of the retiree or DROP

  3  participant.  Prior to July 1, 1991, upon employment of any

  4  person, other than an elected officer as provided in s.

  5  121.053, who has been retired under any state-administered

  6  retirement program, the employer shall pay retirement

  7  contributions in an amount equal to the unfunded actuarial

  8  liability portion of the employer contribution which would be

  9  required for regular members of the Florida Retirement System.

10  Effective July 1, 1991, contributions shall be made as

11  provided in s. 121.122 for retirees with renewed membership or

12  subsection (13) with respect to DROP participants.

13         8.  Any person who has previously retired and who is

14  holding an elective public office or an appointment to an

15  elective public office eligible for the Elected Officers'

16  Class on or after July 1, 1990, shall be enrolled in the

17  Florida Retirement System as provided in s. 121.053(1)(b) or,

18  if holding an elective public office that does not qualify for

19  the Elected Officers' Class on or after July 1, 1991, shall be

20  enrolled in the Florida Retirement System as provided in s.

21  121.122, and shall continue to receive retirement benefits as

22  well as compensation for the elected officer's service for as

23  long as he or she remains in elective office. However, any

24  retired member who served in an elective office prior to July

25  1, 1990, suspended his or her retirement benefit, and had his

26  or her Florida Retirement System membership reinstated shall,

27  upon retirement from such office, have his or her retirement

28  benefit recalculated to include the additional service and

29  compensation earned.

30         9.  Any person who is holding an elective public office

31  which is covered by the Florida Retirement System and who is


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  1  concurrently employed in nonelected covered employment may

  2  elect to retire while continuing employment in the elective

  3  public office, provided that he or she shall be required to

  4  terminate his or her nonelected covered employment.  Any

  5  person who exercises this election shall receive his or her

  6  retirement benefits in addition to the compensation of the

  7  elective office without regard to the time limitations

  8  otherwise provided in this subsection.  No person who seeks to

  9  exercise the provisions of this subparagraph, as the same

10  existed prior to May 3, 1984, shall be deemed to be retired

11  under those provisions, unless such person is eligible to

12  retire under the provisions of this subparagraph, as amended

13  by chapter 84-11, Laws of Florida.

14         10.  The limitations of this paragraph apply to

15  reemployment in any capacity with an "employer" as defined in

16  s. 121.021(10), irrespective of the category of funds from

17  which the person is compensated.

18         11.  An employing agency may reemploy a retired member

19  as a firefighter or paramedic after the retired member has

20  been retired for 1 calendar month, in accordance with s.

21  121.021(39). Any retired member who is reemployed within 1

22  calendar month after retirement shall void his or her

23  application for retirement benefits. The employing agency

24  reemploying such firefighter or paramedic is subject to the

25  retired contribution required in subparagraph 8. Reemployment

26  of a retired firefighter or paramedic is limited to no more

27  than 780 hours during the first 12 months of his or her

28  retirement. Any retired member reemployed for more than 780

29  hours during the first 12 months of retirement shall give

30  timely notice in writing to the employer and to the division

31  of the date he or she will exceed the limitation. The division


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  1  shall suspend his or her retirement benefits for the remainder

  2  of the first 12 months of retirement. Any person employed in

  3  violation of this subparagraph and any employing agency which

  4  knowingly employs or appoints such person without notifying

  5  the Division of Retirement to suspend retirement benefits

  6  shall be jointly and severally liable for reimbursement to the

  7  Retirement System Trust Fund of any benefits paid during the

  8  reemployment limitation period. To avoid liability, such

  9  employing agency shall have a written statement from the

10  retiree that he or she is not retired from a

11  state-administered retirement system. Any retirement benefits

12  received by a retired member while reemployed in excess of 780

13  hours during the first 12 months of retirement shall be repaid

14  to the Retirement System Trust Fund, and retirement benefits

15  shall remain suspended until repayment is made. Benefits

16  suspended beyond the end of the retired member's first 12

17  months of retirement shall apply toward repayment of benefits

18  received in violation of the 780-hour reemployment limitation.

19         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,

20  and subject to the provisions of this section, the Deferred

21  Retirement Option Program, hereinafter referred to as the

22  DROP, is a program under which an eligible member of the

23  Florida  Retirement System may elect to participate, deferring

24  receipt of retirement benefits while continuing employment

25  with his or her Florida Retirement System employer. The

26  deferred monthly benefits shall accrue in the System Trust

27  Fund on behalf of the participant, plus interest compounded

28  monthly, for the specified period of the DROP participation,

29  as provided in paragraph (c). Upon termination of employment,

30  the participant shall receive the total DROP benefits and

31  begin to receive the previously determined normal retirement


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  1  benefits. Participation in the DROP does not guarantee

  2  employment for the specified period of DROP.

  3         (b)  Participation in the DROP.--

  4         1.  An eligible member may elect to participate in the

  5  DROP for a period not to exceed a maximum of 60 calendar

  6  months immediately following the date on which the member

  7  first reaches his or her normal retirement date or the date to

  8  which he or she is eligible to defer his or her election to

  9  participate as provided in subparagraph (a)2. However, a

10  member who has reached normal retirement date prior to the

11  effective date of the DROP shall be eligible to participate in

12  the DROP for a period of time not to exceed 60 calendar months

13  immediately following the effective date of the DROP, except a

14  member of the Special Risk Class who has reached normal

15  retirement date prior to the effective date of the DROP and

16  whose total accrued value exceeds 75 percent of average final

17  compensation as of his or her effective date of retirement

18  shall be eligible to participate in the DROP for no more than

19  36 calendar months immediately following the effective date of

20  the DROP.

21         2.  Upon deciding to participate in the DROP, the

22  member shall submit, on forms required by the division:

23         a.  A written election to participate in the DROP;

24         b.  Selection of the DROP participation and termination

25  dates, which satisfy the limitations stated in paragraph (a)

26  and subparagraph 1. Such termination date shall be in a

27  binding letter of resignation with the employer, establishing

28  a deferred termination date. The member may change the

29  termination date within the limitations of subparagraph 1.,

30  but only with the written approval of his or her employer;

31


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  1         c.  A properly completed DROP application for service

  2  retirement as provided in this section; and

  3         d.  Any other information required by the division.

  4         3.  The DROP participant shall be a retiree under the

  5  Florida Retirement System for all purposes, except for

  6  paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363,

  7  121.053, and 121.122. However, participation in the DROP does

  8  not alter the participant's employment status and such

  9  employee shall not be deemed retired from employment until his

10  or her deferred resignation is effective and termination

11  occurs as provided in s. 121.021(39).

12         4.  Elected officers shall be eligible to participate

13  in the DROP subject to the following:

14         a.  An elected officer who reaches normal retirement

15  date during a term of office may defer the election to

16  participate in the DROP until the next succeeding term in that

17  office. Such elected officer who exercises this option may

18  participate in the DROP for up to 60 calendar months or a

19  period of no longer than such succeeding term of office,

20  whichever is less.

21         b.  An elected or a nonelected participant may run for

22  a term of office while participating in DROP and, if elected,

23  extend the DROP termination date accordingly, except, however,

24  if such additional term of office exceeds the 60-month

25  limitation established in subparagraph 1., and the officer

26  does not resign from office within such 60-month limitation,

27  the retirement and the participant's DROP shall be null and

28  void as provided in sub-subparagraph (c)5.d.

29         c.  An elected officer who is dually employed and

30  elects to participate in DROP shall be required to satisfy the

31  definition of termination within the 60-month limitation


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  1  period as provided in subparagraph 1. for the nonelected

  2  position and may continue employment as an elected officer as

  3  provided in s. 121.053. The elected officer will be enrolled

  4  as a renewed member in the Elected Officers' Class or the

  5  Regular Class, as provided in ss. 121.053 and 121.22, on the

  6  first day of the month after termination of employment in the

  7  nonelected position and termination of DROP. Distribution of

  8  the DROP benefits shall be made as provided in paragraph (c).

  9         d.  An elected officer who is elected or appointed to

10  an elective office is not subject to termination limitations

11  as provided in chapter 121.

12         Section 16.  Subsections (2) and (9) of section

13  121.0515, Florida Statutes, are amended to read:

14         121.0515  Special risk membership.--

15         (2)  CRITERIA.--A member, to be designated as a special

16  risk member, must meet the following criteria:

17         (a)  The member must be employed as a law enforcement

18  officer and be certified, or required to be certified, in

19  compliance with s. 943.1395; however, sheriffs and elected

20  police chiefs shall be excluded from meeting the certification

21  requirements of this paragraph.  In addition, the member's

22  duties and responsibilities must include the pursuit,

23  apprehension, and arrest of law violators or suspected law

24  violators; or the member must be an active member of a bomb

25  disposal unit whose primary responsibility is the location,

26  handling, and disposal of explosive devices; or the member

27  must be the supervisor or command officer of a member or

28  members who have such responsibilities; provided, however,

29  administrative support personnel, including, but not limited

30  to, those whose primary duties and responsibilities are in

31


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  1  accounting, purchasing, legal, and personnel, shall not be

  2  included;

  3         (b)  The member must be employed as a firefighter and

  4  be certified, or required to be certified, in compliance with

  5  s. 633.35 and be employed solely within the fire department of

  6  a local government employer or an agency of state government

  7  with firefighting responsibilities. In addition, the member's

  8  duties and responsibilities must include on-the-scene fighting

  9  of fires, fire prevention, or firefighter training; direct

10  supervision of firefighting units, fire prevention, or

11  firefighter training; or aerial firefighting surveillance

12  performed by fixed-wing aircraft pilots employed by the

13  Division of Forestry of the Department of Agriculture and

14  Consumer Services; or the member must be the supervisor or

15  command officer of a member or members who have such

16  responsibilities; provided, however, administrative support

17  personnel, including, but not limited to, those whose primary

18  duties and responsibilities are in accounting, purchasing,

19  legal, and personnel, shall not be included and further

20  provided that all periods of creditable service in fire

21  prevention or firefighter training, or as the supervisor or

22  command officer of a member or members who have such

23  responsibilities, and for which the employer paid the special

24  risk contribution rate, shall be included;

25         (c)  The member must be employed as a correctional

26  officer and be certified, or required to be certified, in

27  compliance with s. 943.1395.  In addition, the member's

28  primary duties and responsibilities must be the custody, and

29  physical restraint when necessary, of prisoners or inmates

30  within a prison, jail, or other criminal detention facility,

31  or while on work detail outside the facility, or while being


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  1  transported; or the member must be the supervisor or command

  2  officer of a member or members who have such responsibilities;

  3  provided, however, administrative support personnel,

  4  including, but not limited to, those whose primary duties and

  5  responsibilities are in accounting, purchasing, legal, and

  6  personnel, shall not be included; however, wardens and

  7  assistant wardens, as defined by rule, shall participate in

  8  the Special Risk Class;

  9         (d)  The member must be employed by a licensed Advance

10  Life Support (ALS) or Basic Life Support (BLS) employer as an

11  emergency medical technician or a paramedic and be certified

12  in compliance with s. 401.27.  In addition, the member's

13  primary duties and responsibilities must include on-the-scene

14  emergency medical care or direct supervision of emergency

15  medical technicians or paramedics, or the member must be the

16  supervisor or command officer of one or more members who have

17  such responsibility.  However, administrative support

18  personnel, including, but not limited to, those whose primary

19  responsibilities are in accounting, purchasing, legal, and

20  personnel, shall not be included;

21         (e)  The member must be employed as a community-based

22  correctional probation officer and be certified, or required

23  to be certified, in compliance with s. 943.1395.  In addition,

24  the member's primary duties and responsibilities must be the

25  supervised custody, surveillance, control, investigation, and

26  counseling of assigned inmates, probationers, parolees, or

27  community controllees within the community; or the member must

28  be the supervisor of a member or members who have such

29  responsibilities. Administrative support personnel, including,

30  but not limited to, those whose primary duties and

31  responsibilities are in accounting, purchasing, legal


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  1  services, and personnel management, shall not be included;

  2  however, probation and parole circuit and deputy circuit

  3  administrators shall participate in the Special Risk Class; or

  4         (f)  The member must be employed in one of the

  5  following classes and must spend at least 75 percent of his or

  6  her time performing duties which involve contact with patients

  7  or inmates in a correctional or forensic facility or

  8  institution:

  9         1.  Dietitian (class codes 5203 and 5204).

10         2.  Public health nutrition consultant (class code

11  5224).

12         3.  Psychological specialist (class codes 5230 and

13  5231).

14         4.  Psychologist (class code 5234).

15         5.  Senior psychologist (class codes 5237 and 5238).

16         6.  Regional mental health consultant (class code

17  5240).

18         7.  Psychological Services Director--DCF (class code

19  5242).

20         8.  Pharmacist (class codes 5245 and 5246).

21         9.  Senior pharmacist (class codes 5248 and 5249).

22         10.  Dentist (class code 5266).

23         11.  Senior dentist (class code 5269).

24         12.  Registered nurse (class codes 5290 and 5291).

25         13.  Senior registered nurse (class codes 5292 and

26  5293).

27         14.  Registered nurse specialist (class codes 5294 and

28  5295).

29         15.  Clinical associate (class codes 5298 and 5299).

30         16.  Advanced registered nurse practitioner (class

31  codes 5297 and 5300).


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  1         17.  Advanced registered nurse practitioner specialist

  2  (class codes 5304 and 5305).

  3         18.  Registered nurse supervisor (class codes 5306 and

  4  5307).

  5         19.  Senior registered nurse supervisor (class codes

  6  5308 and 5309).

  7         20.  Registered nursing consultant (class codes 5312

  8  and 5313).

  9         21.  Quality management program supervisor (class code

10  5314).

11         22.  Executive nursing director (class codes 5320 and

12  5321).

13         23.  Speech and hearing therapist (class code 5406); or

14         24.  Pharmacy manager (class code 5251).

15         (g)  The member must be employed as a youth custody

16  officer and be certified, or required to be certified, in

17  compliance with s. 943.1395. In addition, the member's primary

18  duties and responsibilities must be the supervised custody,

19  surveillance, control, investigation, apprehension, arrest,

20  and counseling of assigned juveniles within the community.

21         (9)  CREDIT FOR UPGRADED SERVICE.--

22         (a)  Any member of the Special Risk Class who has

23  earned creditable service in another membership class of the

24  Florida Retirement System as an emergency medical technician

25  or paramedic, which service is within the purview of the

26  Special Risk Class, may purchase additional retirement credit

27  to upgrade such service to Special Risk Class service, to the

28  extent of the percentages of the member's average final

29  compensation provided in s. 121.091(1)(a)2. Contributions for

30  upgrading such service to Special Risk Class credit under this

31  subsection shall be equal to the difference in the


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  1  contributions paid and the Special Risk Class contribution

  2  rate as a percentage of gross salary in effect for the period

  3  being claimed, plus interest thereon at the rate of 6.5

  4  percent a year, compounded annually until the date of payment.

  5  This service credit may be purchased by the employer on behalf

  6  of the member.

  7         (b)  Any member of the Special Risk Class who has

  8  earned creditable service in another membership class of the

  9  Florida Retirement System whose responsibilities included fire

10  prevention or firefighter training, which service is within

11  the purview of the Special Risk Class, may purchase additional

12  retirement credit to upgrade such service to Special Risk

13  Class service, to the extent of the percentages of the

14  member's average final compensation provided in s.

15  121.091(1)(a)2. Contributions for upgrading such service to

16  Special Risk Class credit under this subsection shall be equal

17  to the difference in the contributions paid and the Special

18  Risk Class contribution rate as a percentage of gross salary

19  in effect for the period being claimed, plus interest thereon

20  at the rate of 6.5 percent a year, compounded annually until

21  the date of payment. This service credit may be purchased by

22  the employer on behalf of the member.

23         Section 17.  It is the intent of the Legislature that

24  any additional cost attributable to the upgrade in the

25  retirement benefits for special risk members who have provided

26  fire prevention or firefighter training above the

27  contributions paid at the time of service shall be funded by

28  recognition of the necessary amount from the excess actuarial

29  assets of the Florida Retirement System Trust Fund.

30

31


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  1         Section 18.  Paragraph (a) of subsection (22) and

  2  paragraph (b) of subsection (47) of section 121.021, Florida

  3  Statutes, are amended to read:

  4         121.021  Definitions.--The following words and phrases

  5  as used in this chapter have the respective meanings set forth

  6  unless a different meaning is plainly required by the context:

  7         (22)  "Compensation" means the monthly salary paid a

  8  member by his or her employer for work performed arising from

  9  that employment.

10         (a)  Compensation shall include:

11         1.  Overtime payments paid from a salary fund.

12         2.  Accumulated annual leave payments.

13         3.  Payments in addition to the employee's base rate of

14  pay if all the following apply:

15         a.  The payments are paid according to a formal written

16  policy that applies to all eligible employees equally;

17         b.  The policy provides that payments shall commence no

18  later than the 11th year of employment;

19         c.  The payments are paid for as long as the employee

20  continues his or her employment; and

21         d.  The payments are paid at least annually.

22         4.  Amounts withheld for tax sheltered annuities or

23  deferred compensation programs, or any other type of salary

24  reduction plan authorized under the Internal Revenue Code.

25         5.  Payments made in lieu of a permanent increase in

26  the base rate of pay, whether made annually or in 12 or 26

27  equal payments within a 12-month period, when the member's

28  base pay is at the maximum of his or her pay range. When a

29  portion of a member's annual increase raises his or her pay

30  range and the excess is paid as a lump sum payment, such lump

31  sum payment shall be compensation for retirement purposes.


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  1         6.  Effective July 1, 2002, salary supplements made

  2  pursuant to ss. 231.700 and 236.08106 requiring a valid

  3  National Board for Professional Standards certificate or

  4  equivalent status as provided in s. 231.700(3)(e)5.,

  5  notwithstanding the provisions of subparagraph 3.

  6         (47)  "Bonus" means a payment made in addition to an

  7  employee's regular or overtime salary. A bonus is usually

  8  nonrecurring, does not increase the employee's base rate of

  9  pay, and includes no commitment for payment in a subsequent

10  year. Such payments are not considered compensation. Effective

11  July 1, 1989, employers may not report such payments to the

12  division as salary, and may not make retirement contributions

13  on such payments.

14         (b)  Bonuses shall include, but not be limited to, the

15  following:

16         1.  Exit bonus or severance pay.

17         2.  Longevity payments in conformance with the

18  provisions of paragraph (a).

19         3.  Salary increases granted pursuant to an employee's

20  agreement to retire, including increases paid over several

21  months or years prior to retirement.

22         4.  Payments for accumulated overtime or compensatory

23  time, reserve time, or holiday time worked, if not made within

24  11 months of the month in which the work was performed.

25         5.  Quality Instruction Incentives Program (QUIIP)

26  Payments.

27         5.6.  Lump sum payments in recognition of employees'

28  accomplishments.

29         Section 19.  This act shall take effect June 1, 2002.

30

31


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