Senate Bill sb1446

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    Florida Senate - 2005                                  SB 1446

    By Senator Argenziano





    3-805-05

  1                      A bill to be entitled

  2         An act relating to state financial matters;

  3         amending s. 121.4501, F.S.; redefining the

  4         terms "eligible employee" and "participant" for

  5         purposes of the Public Employee Optional

  6         Retirement Program; prescribing certain

  7         conditions on participation in the program;

  8         deleting references to the program's advisory

  9         committees; prescribing procedures for, and

10         certain presumptions relating to, designation

11         of beneficiaries; providing for participation

12         by terminated DROP participants; amending s.

13         121.591, F.S.; providing for cancellation of

14         certain payment instruments under the program

15         when not presented for payment; providing for

16         payment upon subsequent application and for

17         forfeiture when not claimed within a certain

18         period; providing for designation of

19         beneficiaries for death benefits; amending s.

20         215.47, F.S.; authorizing investments in

21         asset-backed securities; providing an effective

22         date.

23  

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

25  

26         Section 1.  Paragraphs (f) and (h) of subsection (2),

27  paragraph (e) of subsection (4), paragraph (c) of subsection

28  (8), and subsection (12) of section 121.4501, Florida

29  Statutes, are amended, and subsections (20) and (21) are added

30  to that section, to read:

31  

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 1         121.4501  Public Employee Optional Retirement

 2  Program.--

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

 4         (f)  "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 the State Community College

12  Optional Retirement Program as established under s.

13  121.051(2)(c); or

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

15  participate in, the State University System Optional

16  Retirement Program established under s. 121.35.

17  

18  The term does not include any member participating in the

19  Deferred Retirement Option Program established under s.

20  121.091(13) or any employee participating in an optional

21  retirement program established under s. 121.051(2)(c) or s.

22  121.35.

23         (h)  "Participant" means an eligible employee who

24  elects to participate in the Public Employee Optional

25  Retirement Program and enrolls in such optional program as

26  provided in subsection (4) or a terminated Deferred Retirement

27  Option Program participant as described in subsection (21).

28         (4)  PARTICIPATION; ENROLLMENT.--

29         (e)  After the period during which an eligible employee

30  had the choice to elect the defined benefit program or the

31  Public Employee Optional Retirement Program, or the month

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 1  following the receipt of the eligible employee's plan election

 2  selection effective date, if sooner, the employee shall have

 3  one opportunity, at the employee's discretion, to choose to

 4  move from the defined benefit program to the Public Employee

 5  Optional Retirement Program or from the Public Employee

 6  Optional Retirement Program to the defined benefit program.

 7  Eligible employees may elect to move between Florida

 8  Retirement System programs only if they are earning service

 9  credit in an employer-employee relationship consistent with

10  the requirements under s. 121.021(17)(b), excluding leaves of

11  absence without pay. Effective July 1, 2005, such elections

12  shall be effective on the first day of the month following the

13  receipt of the election by the third-party administrator and

14  are not subject to the requirements regarding an

15  employer-employee relationship or receipt of contributions for

16  the eligible employee in the effective month, except that the

17  employee must meet the conditions of the previous sentence

18  when the election is received by the third-party

19  administrator. This paragraph shall be contingent upon

20  approval from the Internal Revenue Service for including the

21  choice described herein within the programs offered by the

22  Florida Retirement System.

23         1.  If the employee chooses to move to the Public

24  Employee Optional Retirement Program, the applicable

25  provisions of this section shall govern the transfer.

26         2.  If the employee chooses to move to the defined

27  benefit program, the employee must transfer from his or her

28  Public Employee Optional Retirement Program account and from

29  other employee moneys as necessary, a sum representing the

30  present value of that employee's accumulated benefit

31  obligation immediately following the time of such movement,

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 1  determined assuming that attained service equals the sum of

 2  service in the defined benefit program and service in the

 3  Public Employee Optional Retirement Program. Benefit

 4  commencement occurs on the first date the employee would

 5  become eligible for unreduced benefits, using the discount

 6  rate and other relevant actuarial assumptions that were used

 7  to value the Florida Retirement System defined benefit plan

 8  liabilities in the most recent actuarial valuation. For any

 9  employee who, at the time of the second election, already

10  maintains an accrued benefit amount in the defined benefit

11  plan, the then-present value of such accrued benefit shall be

12  deemed part of the required transfer amount described in this

13  subparagraph. The division shall ensure that the transfer sum

14  is prepared using a formula and methodology certified by an

15  enrolled actuary.

16         3.  Notwithstanding subparagraph 2., an employee who

17  chooses to move to the defined benefit program and who became

18  eligible to participate in the Public Employee Optional

19  Retirement Program by reason of employment in a regularly

20  established position with a state employer after June 1, 2002;

21  a district school board employer after September 1, 2002; or a

22  local employer after December 1, 2002, must transfer from his

23  or her Public Employee Optional Retirement Program account

24  and, from other employee moneys as necessary, a sum

25  representing that employee's actuarial accrued liability.

26         4.  Employees' ability to transfer from the Florida

27  Retirement System defined benefit program to the Public

28  Employee Optional Retirement Program pursuant to paragraphs

29  (a) through (d), and the ability for current employees to have

30  an option to later transfer back into the defined benefit

31  program under subparagraph 2., shall be deemed a significant

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 1  system amendment. Pursuant to s. 121.031(4), any such

 2  resulting unfunded liability arising from actual original

 3  transfers from the defined benefit program to the optional

 4  program shall be amortized within 30 plan years as a separate

 5  unfunded actuarial base independent of the reserve

 6  stabilization mechanism defined in s. 121.031(3)(f). For the

 7  first 25 years, no direct amortization payment shall be

 8  calculated for this base. During this 25-year period, such

 9  separate base shall be used to offset the impact of employees

10  exercising their second program election under this paragraph.

11  It is the legislative intent that the actuarial funded status

12  of the Florida Retirement System defined benefit plan is

13  neither beneficially nor adversely impacted by such second

14  program elections in any significant manner, after due

15  recognition of the separate unfunded actuarial base. Following

16  this initial 25-year period, any remaining balance of the

17  original separate base shall be amortized over the remaining 5

18  years of the required 30-year amortization period.

19         (8)  ADMINISTRATION OF PROGRAM.--

20         (c)1.  In evaluating and selecting a third-party

21  administrator, the board shall establish criteria under which

22  it shall consider the relative capabilities and qualifications

23  of each proposed administrator. In developing such criteria,

24  the board shall consider:

25         a.  The administrator's demonstrated experience in

26  providing administrative services to public or private sector

27  retirement systems.

28         b.  The administrator's demonstrated experience in

29  providing daily valued recordkeeping to defined contribution

30  plans.

31  

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 1         c.  The administrator's ability and willingness to

 2  coordinate its activities with the Florida Retirement System

 3  employers, the board, and the division, and to supply to such

 4  employers, the board, and the division the information and

 5  data they require, including, but not limited to, monthly

 6  management reports, quarterly participant reports, and ad hoc

 7  reports requested by the department or board.

 8         d.  The cost-effectiveness and levels of the

 9  administrative services provided.

10         e.  The administrator's ability to interact with the

11  participants, the employers, the board, the division, and the

12  providers; the means by which participants may access account

13  information, direct investment of contributions, make changes

14  to their accounts, transfer moneys between available

15  investment vehicles, and transfer moneys between investment

16  products; and any fees that apply to such activities.

17         f.  Any other factor deemed necessary by the Trustees

18  of the State Board of Administration.

19         g.  The recommendations of the Public Employee Optional

20  Retirement Program Advisory Committee established in

21  subsection (12).

22         2.  In evaluating and selecting an educational

23  provider, the board shall establish criteria under which it

24  shall consider the relative capabilities and qualifications of

25  each proposed educational provider. In developing such

26  criteria, the board shall consider:

27         a.  Demonstrated experience in providing educational

28  services to public or private sector retirement systems.

29         b.  Ability and willingness to coordinate its

30  activities with the Florida Retirement System employers, the

31  board, and the division, and to supply to such employers, the

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 1  board, and the division the information and data they require,

 2  including, but not limited to, reports on educational

 3  contacts.

 4         c.  The cost-effectiveness and levels of the

 5  educational services provided.

 6         d.  Ability to provide educational services via

 7  different media, including, but not limited to, the Internet,

 8  personal contact, seminars, brochures, and newsletters.

 9         e.  Any other factor deemed necessary by the Trustees

10  of the State Board of Administration.

11         f.  The recommendations of the Public Employee Optional

12  Retirement Program Advisory Committee established in

13  subsection (12).

14         3.  The establishment of the criteria shall be solely

15  within the discretion of the board.

16         (12)  ADVISORY COUNCIL COMMITTEES TO PROVIDE ADVICE AND

17  ASSISTANCE.--The Investment Advisory Council shall assist the

18  board in implementing and administering the Public Employee

19  Optional Retirement Program. The Investment Advisory Council,

20  created pursuant to s. 215.444, shall review the board's

21  initial recommendations regarding the criteria to be used in

22  selecting and evaluating approved providers and investment

23  products. The council may provide comments on the

24  recommendations to the board within 45 days after receiving

25  the initial recommendations. The board shall make the final

26  determination as to whether any investment provider or

27  product, any contractor, or any and all contract provisions

28  shall be approved for the program.

29         (20)  DESIGNATION OF BENEFICIARIES.--

30         (a)  Each participant may, on a form provided for that

31  purpose, signed and filed with the third-party administrator,

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 1  designate a choice of one or more persons, named sequentially

 2  or jointly, as his or her beneficiary who shall receive the

 3  benefits, if any, which may be payable pursuant to this

 4  chapter in the event of the participant's death. If no

 5  beneficiary is named in this manner, or if no beneficiary

 6  designated by the participant survives the participant, the

 7  beneficiary shall be the spouse of the deceased, if living. If

 8  the participant's spouse is not alive at his or her death, the

 9  beneficiary shall be the living children of the participant.

10  If no children survive, the beneficiary shall be the

11  participant's father or mother, if living; otherwise, the

12  beneficiary shall be the participant's estate. The beneficiary

13  most recently designated by a participant on a form or letter

14  filed with the third-party administrator shall be the

15  beneficiary entitled to any benefits payable at the time of

16  the participant's death. Notwithstanding any other provision

17  in this subsection to the contrary, for a participant who dies

18  prior to his or her effective date of retirement, the spouse

19  at the time of death shall be the participant's beneficiary

20  unless such participant designates a different beneficiary as

21  provided in this subsection subsequent to the participant's

22  most recent marriage.

23         (b)  If a participant designates a primary beneficiary

24  other than the participant's spouse, the participant's spouse

25  must sign the beneficiary designation form to acknowledge the

26  designation. This requirement does not apply to the

27  designation of one or more contingent beneficiaries to receive

28  benefits remaining upon the death of the primary beneficiary

29  or beneficiaries.

30         (c)  Notwithstanding the participant's designation of

31  benefits to be paid through a trust to a beneficiary that is a

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 1  natural person, and notwithstanding the provisions of the

 2  trust, benefits shall be paid directly to the beneficiary if

 3  such person is no longer a minor or incapacitated as defined

 4  in s. 744.102(11) and (12).

 5         (21)  PARTICIPATION BY TERMINATED DEFERRED RETIREMENT

 6  OPTION PROGRAM PARTICIPANTS.--Notwithstanding any provision of

 7  law to the contrary, participants in the Deferred Retirement

 8  Option Program offered under part I may, after conclusion of

 9  their participation in the program, elect to roll over or

10  authorize a direct trustee-to-trustee transfer to an account

11  under the Public Employee Optional Retirement Program of their

12  Deferred Retirement Option Program proceeds distributed as

13  provided under s. 121.091(13)(c)5. The transaction must

14  constitute an "eligible rollover distribution" within the

15  meaning of s. 402(c)(4) of the Internal Revenue Code.

16         (a)  The Public Employee Optional Retirement Program

17  may accept such amounts for deposit into participant accounts

18  as provided in paragraph (5)(c).

19         (b)  The affected participant shall direct the

20  investment of his or her investment account; however, unless

21  he or she becomes a renewed member of the Florida Retirement

22  System under s. 121.122 and elects to participate in the

23  Public Employee Optional Program, employer contributions may

24  not be made to the participant's account as provided under

25  paragraph (5)(a).

26         (c)  The state board or the department is not

27  responsible for locating those persons who may be eligible to

28  participate in the Public Employee Optional Retirement Program

29  under this subsection.

30         Section 2.  Section 121.591, Florida Statutes, is

31  amended to read:

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 1         121.591  Benefits payable under the Public Employee

 2  Optional Retirement Program of the Florida Retirement

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

 4  the member has terminated employment as provided in s.

 5  121.021(39)(a) or is deceased and a proper application has

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

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

 8  cancel an application for retirement benefits when the member

 9  or beneficiary fails to timely provide the information and

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

11  board and department. In accordance with their respective

12  responsibilities as provided herein, the State Board of

13  Administration and the Department of Management Services shall

14  adopt rules establishing procedures for application for

15  retirement benefits and for the cancellation of such

16  application when the required information or documents are not

17  received. The State Board of Administration and the Department

18  of Management Services, as appropriate, are authorized to cash

19  out a de minimis account of a participant who has been

20  terminated from Florida Retirement System covered employment

21  for a minimum of 6 calendar months. A de minimis account is an

22  account containing employer contributions and accumulated

23  earnings of not more than $5,000 made under the provisions of

24  this chapter. Such cash-out must either be a complete lump-sum

25  liquidation of the account balance, subject to the provisions

26  of the Internal Revenue Code, or a lump-sum direct rollover

27  distribution paid directly to the custodian of an eligible

28  retirement plan, as defined by the Internal Revenue Code, on

29  behalf of the participant. If any financial instrument issued

30  for the payment of retirement benefits under this section is

31  not presented for payment within 180 days after the last day

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 1  of the month in which it was originally issued, the

 2  third-party administrator or other duly authorized agent of

 3  the State Board of Administration shall cancel the instrument

 4  and credit the amount of the instrument to the suspense

 5  account of the Public Employee Optional Retirement Program

 6  Trust Fund authorized under s. 121.4501(6). Any such amounts

 7  transferred to the suspense account are payable upon a proper

 8  application, not to include earnings thereon, as provided in

 9  this section, within 5 years after the last day of the month

10  in which the instrument was originally issued, after which

11  time such amounts and any earnings thereon shall be forfeited.

12  Any such forfeited amounts are assets of the Public Employee

13  Optional Retirement Program Trust Fund and are not subject to

14  the provisions of chapter 717.

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

16  Optional Retirement Program:

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

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

19  subsection in accordance with the following terms and

20  conditions:

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

22  only to a participant.

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

24  administrator or designated approved providers in accordance

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

26  policy.

27         3.  To receive benefits under this subsection, the

28  participant must be terminated from all employment with all

29  Florida Retirement System employers, as provided in s.

30  121.021(39).

31  

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

 2  benefits upon termination of employment, the participant must

 3  submit a written application to the third-party administrator

 4  indicating his or her preferred distribution date and

 5  selecting an authorized method of distribution as provided in

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

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

 8  federal requirements.

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

10  properly executed application for distribution of benefits,

11  the total accumulated benefit shall be payable to the

12  participant, as:

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

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

15  accrued benefits, plus interest and investment earnings, are

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

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

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

19         3.  Periodic distributions, as authorized by the state

20  board.

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

22  under this subsection are payable in lieu of the benefits

23  which would otherwise be payable under the provisions of

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

25  employer contributions made under s. 121.571, transferred

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

27  interest and earnings thereon. Pursuant thereto:

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

29  disability benefits under this subsection:

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

31  Employee Optional Retirement Program accounts, including

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 1  vested and nonvested accumulations as described in s.

 2  121.4501(6), shall be transferred from such individual

 3  accounts to the Division of Retirement for deposit in the

 4  disability account of the Florida Retirement System Trust

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

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

 7  disability accounts of the Florida Retirement System Trust

 8  Fund based on actual earnings of the Florida Retirement System

 9  Trust Fund.

10         2.  If the participant has retained retirement credit

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

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

13  sum representing the actuarial present value of such credit

14  within the Florida Retirement System Trust Fund shall be

15  reassigned by the Division of Retirement from the defined

16  benefit program to the disability program as implemented under

17  this subsection and shall be deposited in the disability

18  account of the Florida Retirement System Trust Fund. Such

19  moneys shall be separately accounted for.

20         (b)  Disability retirement; entitlement.--

21         1.  A participant of the Public Employee Optional

22  Retirement Program who becomes totally and permanently

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

24  years of creditable service, or a participant who becomes

25  totally and permanently disabled in the line of duty

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

27  to a monthly disability benefit as provided herein.

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

29  service required to vest for regular disability benefits, or

30  toward the creditable service used in calculating a

31  

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

 2  service must be creditable service as described below:

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

 4  Public Employee Optional Retirement Program will be considered

 5  creditable service, except as provided in subparagraph d.

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

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

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

 9  all such service will be considered creditable service.

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

11  or her participant accounts a sum representing the present

12  value of his or her retirement credit under the defined

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

14  period of service under the defined benefit program

15  represented in the present value amounts transferred will be

16  considered creditable service for purposes of vesting for

17  disability benefits, except as provided in subparagraph d.

18         d.  Whenever a participant has terminated employment

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

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

21  distributed funds is forfeited for purposes of this

22  subsection.

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

24  effective retirement date for a participant who applies and is

25  approved for disability retirement shall be established as

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

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

28  shall be considered totally and permanently disabled if, in

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

30  of a medically determinable physical or mental impairment,

31  

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 1  from rendering useful and efficient service as an officer or

 2  employee.

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

 4  approving payment of any disability retirement benefit, shall

 5  require proof that the participant is totally and permanently

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

 7  defined benefit program of the Florida Retirement System under

 8  s. 121.091(4)(c).

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

10  disability retirement of a participant under this subsection,

11  the participant shall receive a monthly benefit that shall

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

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

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

15  his or her lifetime and continued disability. All disability

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

17  disability account of the Florida Retirement System Trust Fund

18  established under this subsection.

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

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

21  manner as provided for members of the defined benefit program

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

23  such purpose, creditable service under both the defined

24  benefit program and the Public Employee Optional Retirement

25  Program of the Florida Retirement System shall be applicable

26  as provided under paragraph (b).

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

28  application for disability retirement has been denied may

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

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

31  

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 1  benefit program of the Florida Retirement System under s.

 2  121.091(4)(g).

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

 4  disability benefits under this subsection, the applicant shall

 5  be transferred to the defined benefit program of the Florida

 6  Retirement System, effective upon his or her disability

 7  retirement effective date.

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

 9  application for disability benefits is approved may cancel his

10  or her application for disability benefits, provided that the

11  cancellation request is received by the division before a

12  disability retirement warrant has been deposited, cashed, or

13  received by direct deposit. Upon such cancellation:

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

15  program under paragraph (i) shall be nullified;

16         2.  The participant shall be retroactively reinstated

17  in the Public Employee Optional Retirement Program without

18  hiatus;

19         3.  All funds transferred to the Florida Retirement

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

21  participant accounts from which such funds were drawn; and

22         4.  The participant may elect to receive the benefit

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

24  disability benefits as provided under this subsection.

25         (k)  Recovery from disability.--

26         1.  The division may require periodic reexaminations at

27  the expense of the disability program account of the Florida

28  Retirement System Trust Fund. Except as otherwise provided in

29  subparagraph 2., the requirements, procedures, and

30  restrictions relating to the conduct and review of such

31  reexaminations, discontinuation or termination of benefits,

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 1  reentry into employment, disability retirement after reentry

 2  into covered employment, and all other matters relating to

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

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

 5         2.  Upon recovery from disability, any recipient of

 6  disability retirement benefits under this subsection shall be

 7  a compulsory member of the Public Employee Optional Retirement

 8  Program of the Florida Retirement System. The net difference

 9  between the recipient's original account balance transferred

10  to the Florida Retirement System Trust Fund, including

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

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

13  provided in sub-subparagraph a.

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

15  subtracted from that portion of the transferred account

16  balance consisting of vested accumulations as described under

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

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

19  any remaining portion consisting of nonvested accumulations as

20  described under s. 121.4501(6).

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

22  be retained within the disability account of the Florida

23  Retirement System Trust Fund. Any remaining account balance

24  shall be transferred to the third-party administrator for

25  disposition as provided under sub-subparagraph c. or

26  sub-subparagraph d., as appropriate.

27         c.  If the recipient returns to covered employment,

28  transferred amounts shall be deposited in individual accounts

29  under the Public Employee Optional Retirement Program, as

30  directed by the participant. Vested and nonvested amounts

31  

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 1  shall be separately accounted for as provided in s.

 2  121.4501(6).

 3         d.  If the recipient fails to return to covered

 4  employment upon recovery from disability:

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

 6  individual accounts under the Public Employee Optional

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

 8  be payable as provided in subsection (1).

 9         (II)  Any remaining nonvested amount shall be held in a

10  suspense account and shall be forfeitable after 5 years as

11  provided in s. 121.4501(6).

12         3.  If present value was reassigned from the defined

13  benefit program to the disability program of the Florida

14  Retirement System as provided under subparagraph (a)2., the

15  full present value amount shall be returned to the defined

16  benefit account within the Florida Retirement System Trust

17  Fund and the affected individual's associated retirement

18  credit under the defined benefit program shall be reinstated

19  in full. Any benefit based upon such credit shall be

20  calculated as provided in s. 121.091(4)(h)1.

21         (l)  Nonadmissible causes of disability.--A participant

22  shall not be entitled to receive a disability retirement

23  benefit if the disability results from any injury or disease

24  sustained or inflicted as described in s. 121.091(4)(i).

25         (m)  Disability retirement of justice or judge by order

26  of Supreme Court.--

27         1.  If a participant is a justice of the Supreme Court,

28  judge of a district court of appeal, circuit judge, or judge

29  of a county court who has served for 6 years or more as an

30  elected constitutional judicial officer, including service as

31  a judicial officer in any court abolished pursuant to Art. V

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 1  of the State Constitution, and who is retired for disability

 2  by order of the Supreme Court upon recommendation of the

 3  Judicial Qualifications Commission pursuant to the provisions

 4  of Art. V of the State Constitution, the participant's Option

 5  1 monthly disability benefit amount as provided in s.

 6  121.091(6)(a)1. shall be two-thirds of his or her monthly

 7  compensation as of the participant's disability retirement

 8  date.  Such a participant may alternatively elect to receive

 9  an actuarially adjusted disability retirement benefit under

10  any other option as provided in s. 121.091(6)(a), or to

11  receive the normal benefit payable under the Public Employee

12  Optional Retirement Program as set forth in subsection (1).

13         2.  If any justice or judge who is a participant of the

14  Public Employee Optional Retirement Program of the Florida

15  Retirement System is retired for disability by order of the

16  Supreme Court upon recommendation of the Judicial

17  Qualifications Commission pursuant to the provisions of Art. V

18  of the State Constitution and elects to receive a monthly

19  disability benefit under the provisions of this paragraph:

20         a.  Any present value amount that was transferred to

21  his or her program account and all employer contributions made

22  to such account on his or her behalf, plus interest and

23  earnings thereon, shall be transferred to and deposited in the

24  disability account of the Florida Retirement System Trust

25  Fund; and

26         b.  The monthly benefits payable under this paragraph

27  for any affected justice or judge retired from the Florida

28  Retirement System pursuant to Art. V of the State Constitution

29  shall be paid from the disability account of the Florida

30  Retirement System Trust Fund.

31  

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 1         (n)  Death of retiree or beneficiary.--Upon the death

 2  of a disabled retiree or beneficiary thereof who is receiving

 3  monthly benefits under this subsection, the monthly benefits

 4  shall be paid through the last day of the month of death and

 5  shall terminate, or be adjusted, if applicable, as of that

 6  date in accordance with the optional form of benefit selected

 7  at the time of retirement. The Department of Management

 8  Services may adopt rules necessary to administer this

 9  paragraph.

10         (3)  DEATH BENEFITS.--Under the Public Employee

11  Optional Retirement Program:

12         (a)  Survivor benefits shall be payable in accordance

13  with the following terms and conditions:

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

15  only to a participant's beneficiary or beneficiaries as

16  designated by the participant as provided in s. 121.4501(20).

17  If a participant designates a primary beneficiary other than

18  the participant's spouse, the participant's spouse shall be

19  notified of the designation. This requirement shall not apply

20  to the designation of one or more contingent beneficiaries to

21  receive any benefits remaining upon the death of the primary

22  beneficiary or beneficiaries.

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

24  administrator or designated approved providers in accordance

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

26  policy.

27         3.  To receive benefits under this subsection, the

28  participant must be deceased.

29         (b)  In the event of a participant's death, all vested

30  accumulations as described in s. 121.4501(6), less withholding

31  taxes remitted to the Internal Revenue Service, shall be

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 1  distributed, as provided in paragraph (c) or as described in

 2  s. 121.4501(20), to the participant's designated beneficiary

 3  or beneficiaries, or to the participant's estate, as if the

 4  participant retired on the date of death. No other death

 5  benefits shall be available for survivors of participants

 6  under the Public Employee Optional Retirement Program, except

 7  for such benefits, or coverage for such benefits, as are

 8  otherwise provided by law or are separately afforded by the

 9  employer, at the employer's discretion.

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

11  properly executed application for distribution of benefits,

12  the total accumulated benefit shall be payable by the

13  third-party administrator to the participant's surviving

14  beneficiary or beneficiaries, as:

15         1.  A lump-sum distribution payable to the beneficiary

16  or 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, as described in s.

22  402(c)(8)(B) of the Internal Revenue Code, on behalf of the

23  surviving spouse; or

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

25  accrued benefit is paid to the deceased participant's

26  surviving spouse or other designated beneficiaries, less

27  withholding taxes remitted to the Internal Revenue Service,

28  and the remaining amount is transferred directly to the

29  custodian of an eligible retirement plan, as described in s.

30  402(c)(8)(B) of the Internal Revenue Code, on behalf of the

31  

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 1  surviving spouse. The proportions must be specified by the

 2  participant or the surviving beneficiary.

 3  

 4  This paragraph does not abrogate other applicable provisions

 5  of state or federal law providing for payment of death

 6  benefits.

 7         (4)  LIMITATION ON LEGAL PROCESS.--The benefits payable

 8  to any person under the Public Employee Optional Retirement

 9  Program, and any contributions accumulated under such program,

10  are not subject to assignment, execution, attachment, or any

11  legal process, except for qualified domestic relations orders

12  by a court of competent jurisdiction, income deduction orders

13  as provided in s. 61.1301, and federal income tax levies.

14         Section 3.  Paragraph (k) is added to subsection (2) of

15  section 215.47, Florida Statutes, to read:

16         215.47  Investments; authorized securities; loan of

17  securities.--Subject to the limitations and conditions of the

18  State Constitution or of the trust agreement relating to a

19  trust fund, moneys available for investments under ss.

20  215.44-215.53 may be invested as follows:

21         (2)  With no more than 25 percent of any fund in:

22         (k)  Asset-backed securities not otherwise authorized

23  by this section.

24         Section 4.  This act shall take effect July 1, 2005.

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

 2                          SENATE SUMMARY

 3    Requires eligible employees to be earning service credit
      as a condition of being able to move between Florida
 4    Retirement System programs. Deletes references to the
      Public Employee Optional Retirement Program advisory
 5    committees. Prescribes methods for participants in the
      program and others to designate their beneficiaries.
 6    Provides for terminated DROP participants to participate
      in the program. Requires cancellation of a financial
 7    instrument issued for payment of retirement benefits when
      not presented within 180 days after the end of the month
 8    in which issued. Authorizes investments in asset-backed
      securities.
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