House Bill hb0933

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    Florida House of Representatives - 2002                 HB 933

        By Representative Rubio






  1                      A bill to be entitled

  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; amending

10         the earnings rate for funds in the suspense

11         account to be invested by the board; providing

12         for spousal notification of designation of

13         beneficiary; providing for spousal rollovers to

14         an eligible retirement plan; providing

15         authorization for statements under oath;

16         amending s. 121.571, F.S., relating to

17         contributions to participant accounts;

18         providing for a penalty for late contributions;

19         providing an effective date.

20

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

22

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

24  (c) of subsection (3), subsection (6), paragraphs (c) and (e)

25  of subsection (7), and paragraph (a) of subsection (8) of

26  section 121.4501, Florida Statutes, are amended, and paragraph

27  (c) is added to subsection (5) of said section, to read:

28         121.4501  Public Employee Optional Retirement

29  Program.--

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

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

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

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

  4  the Florida Retirement System, including any renewed member of

  5  the Florida Retirement System;

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

  7  the Senior Management Service Optional Annuity Program as

  8  established under s. 121.055(6); or

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

10  participate in, the State University System Optional

11  Retirement Program established under s. 121.35 or the State

12  Community College System Optional Retirement Program

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

14

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

16  Retirement System, any member participating in the Deferred

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

18  any employee participating in an optional retirement program

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

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

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

22  employee who elects to participate in the Public Employee

23  Optional Retirement Program and establishes one or more

24  individual participant accounts under the optional program may

25  elect to transfer to the optional program a sum representing

26  the present value of the employee's accumulated benefit

27  obligation under the defined benefit retirement program of the

28  Florida Retirement System. Upon such transfer, all service

29  credit previously earned under the defined benefit program of

30  the Florida Retirement System shall be nullified for purposes

31  of entitlement to a future benefit under the defined benefit

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  1  program of the Florida Retirement System. A participant is

  2  precluded from transferring the accumulated benefit obligation

  3  balance from the defined benefit program upon the expiration

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

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

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

  7  the member's estimated creditable service and estimated

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

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

10  actuarial present value of the employee's accumulated benefit

11  obligation shall be based on the following:

12         a.  The discount rate and other relevant actuarial

13  assumptions used to value the Florida Retirement System Trust

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

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

16  and c.

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

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

19  The benefit commencement age shall be the younger of the

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

21  of midnight on May 31, 2002:

22         (I)  Age 62; or

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

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

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

26  any vesting requirement that would otherwise apply under the

27  defined benefit program of the Florida Retirement System.

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

29  members of the Special Risk Administrative Support Class

30  entitled to retain special risk normal retirement date, the

31  benefit commencement age shall be the younger of the

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

  2  of midnight on May 31, 2002:

  3         (I)  Age 55; or

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

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

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

  7  any vesting requirement that would otherwise apply under the

  8  defined benefit program of the Florida Retirement System.

  9         d.  The calculation shall disregard vesting

10  requirements and early retirement reduction factors that would

11  otherwise apply under the defined benefit retirement program.

12         3.  For each participant who elects to transfer moneys

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

14  optional program, the division shall recompute the amount

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

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

17  actual creditable service and actual final average

18  compensation as of the initial date of participation in the

19  optional program. If the recomputed amount differs from the

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

21  division shall:

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

23  Florida Retirement System Trust Fund to the participant's

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

25  recomputed amount over the previously transferred amount

26  together with interest from the initial date of transfer to

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

28  percent effective annual interest, compounded annually.

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

30  participant's account to the Florida Retirement System Trust

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

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  1  over the recomputed amount, together with interest from the

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

  3  subparagraph, based upon 6 percent effective annual interest,

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

  5  allocation plan.

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

  7  transfer or cause to be transferred the appropriate amounts to

  8  the designated accounts. The board shall establish transfer

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

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

11  participation in the optional program unless the major

12  financial markets for securities available for a transfer are

13  seriously disrupted by an unforeseen event which also causes

14  the suspension of trading on any national securities exchange

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

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

17  resolution of the trustees. Transfers are not commissionable

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

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

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

21  account.

22         5.  If the board or the division receives notification

23  from the United States Internal Revenue Service that this

24  paragraph or any portion of this paragraph will cause the

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

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

27  portion that will cause the disqualification does not apply.

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

29  notify the presiding officers of the Legislature.

30         (5)  CONTRIBUTIONS.--

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  1         (c)  The Public Employee Optional Retirement Program

  2  may accept for deposit into participant accounts contributions

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

  4  transfers by or on behalf of participants, reasonably

  5  determined by the board or other program administrator to be

  6  eligible for rollover or transfer to the optional retirement

  7  program pursuant to the Internal Revenue Code, if such

  8  contributions are made in accordance with rules as may be

  9  adopted by the board. Such contributions shall be accounted

10  for in accordance with any applicable Internal Revenue Code

11  requirements and rules of the board.

12         (6)  VESTING REQUIREMENTS.--

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

14  behalf of the participant to the Public Employee Optional

15  Retirement Program, plus interest and earnings thereon and

16  less investment fees and administrative charges, a participant

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

18  121.021(54), with an employer, including any service while the

19  participant was a member of the defined benefit retirement

20  program or an optional retirement program authorized under s.

21  121.051(2)(c) or s. 121.055(6).

22         2.  If the participant terminates employment prior to

23  satisfying the vesting requirements, the nonvested

24  accumulation shall be transferred from the participant's

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

26  board in the suspense account of the Public Employee Optional

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

28  participant is reemployed as an eligible employee within 5

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

30  account any amount of the moneys previously transferred from

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

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  1  Public Employee Optional Retirement Program Trust Fund, plus

  2  the actual earnings on such amount while in the suspense

  3  account interest calculated at 3.0 percent per annum,

  4  calculated from the date of transfer to the date of

  5  reemployment.

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

  7  transferred from the defined benefit program, plus interest

  8  and earnings thereon and less administrative charges and

  9  investment fees, upon meeting the service requirements for the

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

11  The third-party administrator shall account for such amounts

12  for each participant. The division shall notify the

13  participant and the third-party administrator when the

14  participant has satisfied the vesting period for Florida

15  Retirement System purposes.

16         2.  If the participant terminates employment prior to

17  satisfying the vesting requirements, the nonvested

18  accumulation shall be transferred from the participant's

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

20  board in the suspense account of the Public Employee Optional

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

22  participant is reemployed as an eligible employee within 5

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

24  account any amount of the moneys previously transferred from

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

26  Public Employee Optional Retirement Program Trust Fund, plus

27  the actual earnings on such amount while in the suspense

28  account interest calculated at 6.0 percent per annum,

29  calculated from the date of transfer to the date of

30  reemployment.

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  1         (c)  Any nonvested accumulations transferred from a

  2  participant's account to the suspense account shall be

  3  forfeited by the participant if the participant is not

  4  reemployed as an eligible employee within 5 years after

  5  termination.

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

  7  Retirement Program:

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

  9  following terms and conditions:

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

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

12  designated by the participant. If a participant designates a

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

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

15  not apply to the designation of a contingent beneficiary

16  designated to receive benefits hereunder in the event the

17  participant's spouse dies before such contingent beneficiary.

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

19  administrator or designated approved providers in accordance

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

21  policy.

22         3.  To begin receiving the benefits, the participant

23  must be terminated from all employment with all Florida

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

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

26  receive his or her benefits upon termination of employment,

27  the participant must submit a written application to the

28  third-party administrator indicating his or her preferred

29  distribution date and selecting an authorized method of

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

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

  2  application, subject to federal requirements.

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

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

  5  withholding taxes remitted to the Internal Revenue Service,

  6  shall be distributed to the participant's designated

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

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

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

10  available for survivors of participants under the Public

11  Employee Optional Retirement Program, except for such

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

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

14         (e)  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 the

21  custodian of an eligible retirement plan individual retirement

22  account or an individual retirement annuity, as described in

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

24  the surviving spouse; or

25         3.  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,

29  and the remaining amount is transferred directly to the

30  custodian of an individual retirement account or an individual

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

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

  2  proportions must be specified by the participant or the

  3  surviving beneficiary.

  4

  5  This paragraph does not abrogate other applicable provisions

  6  of state or federal law providing for payment of death

  7  benefits.

  8         (8)  ADMINISTRATION OF PROGRAM.--

  9         (a)  The Public Employee Optional Retirement Program

10  shall be administered by the state board and affected

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

12  affidavit or otherwise, and acknowledgments from persons in

13  connection with the administration of its duties and

14  responsibilities under this chapter. The board shall adopt

15  rules establishing the role and responsibilities of affected

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

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

18  administering the Public Employee Optional Retirement Program.

19  The department shall adopt rules necessary to implement the

20  optional program in coordination with the defined benefit

21  retirement program and the disability benefits available under

22  the optional program.

23         Section 2.  Paragraph (a) of subsection (2) of section

24  121.571, Florida Statutes, is amended to read:

25         121.571  Contributions.--Contributions to the Public

26  Employee Optional Retirement Program shall be made as follows:

27         (2)  CONTRIBUTIONS TO PARTICIPANT ACCOUNTS.--Employer

28  and participant contributions to participant accounts shall be

29  accounted for separately. Interest and investment earnings on

30  employer contributions shall accrue on a tax-deferred basis

31  until proceeds are distributed. Pursuant thereto:

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  1         (a)  All contributions made on behalf of a participant

  2  pursuant to this subsection shall be transferred by the

  3  employer to the third-party administrator for deposit in the

  4  participant's account. All contributions made on behalf of a

  5  participant shall be made timely. Employer contributions

  6  received after the 5th working day of each month shall be

  7  considered late. The employer shall be assessed a penalty of 1

  8  percent of the contributions due for each calendar month or

  9  part thereof that the contributions are late. If contributions

10  made by an employer are late and if that lateness results in

11  market losses to participants, the employer shall make each

12  participant whole for market losses resulting from the late

13  contributions. The third-party administrator hired by the

14  board pursuant to s. 121.4501(8) shall calculate the market

15  losses for each affected participant. The employer shall also

16  pay the cost of the third-party administrator calculation and

17  reconciliation adjustments resulting from the late

18  contributions. The employer's total penalty shall be equal to

19  the sum of these three penalties. The third-party

20  administrator shall notify the employer of the total amount

21  due. The employer shall remit to the third-party administrator

22  the amount due within 10 working days after the date of the

23  penalty notice sent by the third-party administrator. The

24  board is authorized to adopt rules to implement the provisions

25  regarding late contributions, the process for making

26  participants whole for resultant market losses, and the

27  penalties charged to the employers.

28         Section 3.  This act shall take effect June 1, 2002.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises a provision of law governing the Public Employee
  4    Optional Retirement Program to redefine the term
      "eligible employee" to provide for an extension of time
  5    to transfer assets from the defined benefit plan in the
      event of a market disruption, to provide for rollovers,
  6    to revise the earnings rate for funds in the suspense
      account to be invested by the board, and to provide for
  7    spousal notification of designation of beneficiary.
      Provides for a penalty for late contributions to
  8    participant accounts. See bill for details.

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