1 | Representative Hays offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Between lines 22 and 23 insert: |
5 | Section 1. Paragraph (b) of subsection (1) of section |
6 | 121.055, Florida Statutes, is amended to read: |
7 | 121.055 Senior Management Service Class.--There is hereby |
8 | established a separate class of membership within the Florida |
9 | Retirement System to be known as the "Senior Management Service |
10 | Class," which shall become effective February 1, 1987. |
11 | (1) |
12 | (b)1. Except as provided in subparagraph 2., effective |
13 | January 1, 1990, participation in the Senior Management Service |
14 | Class shall be compulsory for the president of each community |
15 | college, the manager of each participating city or county, and |
16 | all appointed district school superintendents. Effective |
17 | January 1, 1994, additional positions may be designated for |
18 | inclusion in the Senior Management Service Class of the Florida |
19 | Retirement System, provided that: |
20 | a. Positions to be included in the class shall be |
21 | designated by the local agency employer. Notice of intent to |
22 | designate positions for inclusion in the class shall be |
23 | published once a week for 2 consecutive weeks in a newspaper of |
24 | general circulation published in the county or counties |
25 | affected, as provided in chapter 50. |
26 | b. Up to 10 nonelective full-time positions may be |
27 | designated for each local agency employer reporting to the |
28 | Department of Management Services; for local agencies with 100 |
29 | or more regularly established positions, additional nonelective |
30 | full-time positions may be designated, not to exceed 1 percent |
31 | of the regularly established positions within the agency. |
32 | c. Each position added to the class must be a managerial |
33 | or policymaking position filled by an employee who is not |
34 | subject to continuing contract and serves at the pleasure of the |
35 | local agency employer without civil service protection, and who: |
36 | (I) Heads an organizational unit; or |
37 | (II) Has responsibility to effect or recommend personnel, |
38 | budget, expenditure, or policy decisions in his or her areas of |
39 | responsibility. |
40 | 2. In lieu of participation in the Senior Management |
41 | Service Class, members of the Senior Management Service Class |
42 | pursuant to the provisions of subparagraph 1. may withdraw from |
43 | the Florida Retirement System altogether. The decision to |
44 | withdraw from the Florida Retirement System shall be irrevocable |
45 | for as long as the employee holds such a position. Any service |
46 | creditable under the Senior Management Service Class shall be |
47 | retained after the member withdraws from the Florida Retirement |
48 | System; however, additional service credit in the Senior |
49 | Management Service Class shall not be earned after such |
50 | withdrawal. Such members shall not be eligible to participate |
51 | in the Senior Management Service Optional Annuity Program. |
52 | 3. Effective January 1, 2006, through June 30, 2006, an |
53 | employee who has withdrawn from the Florida Retirement System |
54 | under subparagraph 2. has one opportunity to elect to |
55 | participate in either the defined benefit program or the Public |
56 | Employee Optional Retirement Program of the Florida Retirement |
57 | System. |
58 | a. If the employee elects to participate in the Public |
59 | Employee Optional Retirement Program, membership shall be |
60 | prospective, and the applicable provisions of s. 121.4501(4) |
61 | shall govern the election. |
62 | b. If the employee elects to participate in the defined |
63 | benefit program of the Florida Retirement System, the employee |
64 | shall, upon payment to the system trust fund of the amount |
65 | calculated under sub-sub-subparagraph (I), receive service |
66 | credit for prior service based upon the time during which the |
67 | employee had withdrawn from the system. |
68 | (I) The cost for such credit shall be an amount |
69 | representing the actuarial accrued liability for the affected |
70 | period of service. The cost shall be calculated using the |
71 | discount rate and other relevant actuarial assumptions that were |
72 | used to value the Florida Retirement System defined benefit plan |
73 | liabilities in the most recent actuarial valuation. The |
74 | calculation shall include any service already maintained under |
75 | the defined benefit plan in addition to the period of |
76 | withdrawal. The actuarial accrued liability attributable to any |
77 | service already maintained under the defined benefit plan shall |
78 | be applied as a credit to the total cost resulting from the |
79 | calculation. The division shall ensure that the transfer sum is |
80 | prepared using a formula and methodology certified by an |
81 | actuary. |
82 | (II) The employee must transfer a sum representing the net |
83 | cost owed for the actuarial accrued liability in sub-sub- |
84 | subparagraph (I) immediately following the time of such |
85 | movement, determined assuming that attained service equals the |
86 | sum of service in the defined benefit program and the period of |
87 | withdrawal. |
88 |
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89 | ================ T I T L E A M E N D M E N T ============= |
90 | Remove line 6 and insert: |
91 | An act relating to the Florida Retirement System; amending s. |
92 | 121.055, F.S.; during a specified period of time, permitting |
93 | local government employees who are members of the Senior |
94 | Management Service Class, who have withdrawn from the Florida |
95 | Retirement System, to elect membership in the defined benefit |
96 | program or the public employee optional retirement program of |
97 | the system; prescribing requirements in making such election; |
98 | providing for payment of the costs of such membership; amending |
99 | s. |