Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for SB 1624
                        Barcode 491406
                            CHAMBER ACTION
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       05/04/2005 11:09 AM         .                    
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11  Senator Campbell moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 1, line 21,
15  
16  insert:  
17         Section 1.  Paragraph (b) of subsection (1) of section
18  121.055, Florida Statutes, is amended to read:
19         121.055  Senior Management Service Class.--There is
20  hereby established a separate class of membership within the
21  Florida Retirement System to be known as the "Senior
22  Management Service Class," which shall become effective
23  February 1, 1987.
24         (1)
25         (b)1.  Except as provided in subparagraph 2., effective
26  January 1, 1990, participation in the Senior Management
27  Service Class shall be compulsory for the president of each
28  community college, the manager of each participating city or
29  county, and all appointed district school
30  superintendents.  Effective January 1, 1994, additional
31  positions may be designated for inclusion in the Senior
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    5:39 PM   04/27/05                             s1624c1c-32-ta1

Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 1624 Barcode 491406 1 Management Service Class of the Florida Retirement System, 2 provided that: 3 a. Positions to be included in the class shall be 4 designated by the local agency employer. Notice of intent to 5 designate positions for inclusion in the class shall be 6 published once a week for 2 consecutive weeks in a newspaper 7 of general circulation published in the county or counties 8 affected, as provided in chapter 50. 9 b. Up to 10 nonelective full-time positions may be 10 designated for each local agency employer reporting to the 11 Department of Management Services; for local agencies with 100 12 or more regularly established positions, additional 13 nonelective full-time positions may be designated, not to 14 exceed 1 percent of the regularly established positions within 15 the agency. 16 c. Each position added to the class must be a 17 managerial or policymaking position filled by an employee who 18 is not subject to continuing contract and serves at the 19 pleasure of the local agency employer without civil service 20 protection, and who: 21 (I) Heads an organizational unit; or 22 (II) Has responsibility to effect or recommend 23 personnel, budget, expenditure, or policy decisions in his or 24 her areas of responsibility. 25 2. In lieu of participation in the Senior Management 26 Service Class, members of the Senior Management Service Class 27 pursuant to the provisions of subparagraph 1. may withdraw 28 from the Florida Retirement System altogether. The decision to 29 withdraw from the Florida Retirement System shall be 30 irrevocable for as long as the employee holds such a position. 31 Any service creditable under the Senior Management Service 2 5:39 PM 04/27/05 s1624c1c-32-ta1
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 1624 Barcode 491406 1 Class shall be retained after the member withdraws from the 2 Florida Retirement System; however, additional service credit 3 in the Senior Management Service Class shall not be earned 4 after such withdrawal. Such members shall not be eligible to 5 participate in the Senior Management Service Optional Annuity 6 Program. 7 3. Effective January 1, 2006, through June 30, 2006, 8 an employee who has withdrawn from the Florida Retirement 9 System under subparagraph 2. has one opportunity to elect to 10 participate in either the defined benefit program or the 11 Public Employee Optional Retirement Program of the Florida 12 Retirement System. 13 a. If the employee elects to participate in the Public 14 Employee Optional Retirement Program, membership shall be 15 prospective, and the applicable provisions of s. 121.4501(4) 16 shall govern the election. 17 b. If the employee elects to participate in the 18 defined benefit program of the Florida Retirement System, the 19 employee shall, upon payment to the system trust fund of the 20 amount calculated under sub-sub-subparagraph (I), receive 21 service credit for prior service based upon the time during 22 which the employee had withdrawn from the system. 23 (I) The cost for such credit shall be an amount 24 representing the actuarial accrued liability for the affected 25 period of service. The cost shall be calculated using the 26 discount rate and other relevant actuarial assumptions that 27 were used to value the Florida Retirement System defined 28 benefit plan liabilities in the most recent actuarial 29 valuation. The calculation shall include any service already 30 maintained under the defined benefit plan in addition to the 31 period of withdrawal. The actuarial accrued liability 3 5:39 PM 04/27/05 s1624c1c-32-ta1
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 1624 Barcode 491406 1 attributable to any service already maintained under the 2 defined benefit plan shall be applied as a credit to the total 3 cost resulting from the calculation. The division shall ensure 4 that the transfer sum is prepared using a formula and 5 methodology certified by an actuary. 6 (II) The employee must transfer a sum representing the 7 net cost owed for the actuarial accrued liability in 8 sub-sub-subparagraph (I) immediately following the time of 9 such movement, determined assuming that attained service 10 equals the sum of service in the defined benefit program and 11 the period of withdrawal. 12 13 (Redesignate subsequent sections.) 14 15 16 ================ T I T L E A M E N D M E N T =============== 17 And the title is amended as follows: 18 On page 1, line 2, delete that line 19 20 and insert: 21 An act relating to the Florida Retirement 22 System; amending s. 121.055, F.S.; during a 23 specified period of time, permitting local 24 government employees who are members of the 25 Senior Management Service Class, who have 26 withdrawn from the Florida Retirement System, 27 to elect membership in the defined benefit 28 program or the public employee optional 29 retirement program of the system; prescribing 30 requirements in making such election; providing 31 for payment of the costs of such membership; 4 5:39 PM 04/27/05 s1624c1c-32-ta1