Senate Bill sb2266c1
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    Florida Senate - 2005                           CS for SB 2266
    By the Committee on Governmental Oversight and Productivity;
    and Senators Lawson, Dockery, Crist and Argenziano
    585-1860-05
  1                      A bill to be entitled
  2         An act relating to the retiree health insurance
  3         subsidy; amending s. 112.363, F.S.; increasing
  4         the minimum and maximum health insurance
  5         subsidies; providing for an annual
  6         cost-of-living adjustment to the subsidy;
  7         increasing the contribution paid by employers
  8         of members in state-administered retirement
  9         plans; providing legislative findings;
10         providing effective dates.
11  
12  Be It Enacted by the Legislature of the State of Florida:
13  
14         Section 1.  Subsections (3) and (8) of section 112.363,
15  Florida Statutes, are amended to read:
16         112.363  Retiree health insurance subsidy.--
17         (3)  RETIREE HEALTH INSURANCE SUBSIDY AMOUNT.--
18         (a)  Beginning January 1, 1988, each eligible retiree
19  or a beneficiary who is a spouse or financial dependent
20  thereof shall receive a monthly retiree health insurance
21  subsidy payment equal to the number of years of creditable
22  service, as defined in s. 121.021(17), completed at the time
23  of retirement multiplied by $1; however, no retiree may
24  receive a subsidy payment of more than $30 or less than $10.
25         (b)  Beginning January 1, 1989, each eligible retiree
26  or a beneficiary who is a spouse or financial dependent shall
27  receive a monthly retiree health insurance subsidy payment
28  equal to the number of years of creditable service, as defined
29  in s. 121.021(17), completed at the time of retirement
30  multiplied by $2; however, no retiree may receive a subsidy
31  payment of more than $60 or less than $20.
                                  1
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    Florida Senate - 2005                           CS for SB 2266
    585-1860-05
 1         (c)  Beginning January 1, 1991, each eligible retiree
 2  or a beneficiary who is a spouse or financial dependent shall
 3  receive a monthly retiree health insurance subsidy payment
 4  equal to the number of years of creditable service, as defined
 5  in s. 121.021(17), completed at the time of retirement
 6  multiplied by $3; however, no retiree may receive a subsidy
 7  payment of more than $90 or less than $30.
 8         (d)  Beginning January 1, 1999, each eligible retiree
 9  or, if the retiree is deceased, his or her beneficiary who is
10  receiving a monthly benefit from such retiree's account and
11  who is a spouse, or a person who meets the definition of joint
12  annuitant in s. 121.021(28), shall receive a monthly retiree
13  health insurance subsidy payment equal to the number of years
14  of creditable service, as defined in s. 121.021(17), completed
15  at the time of retirement multiplied by $5; however, no
16  eligible retiree or such beneficiary may receive a subsidy
17  payment of more than $150 or less than $50.  If there are
18  multiple beneficiaries, the total payment must not be greater
19  than the payment to which the retiree was entitled.
20         (e)1.  Beginning July 1, 2001, each eligible retiree of
21  the defined benefit program of the Florida Retirement System,
22  or, if the retiree is deceased, his or her beneficiary who is
23  receiving a monthly benefit from such retiree's account and
24  who is a spouse, or a person who meets the definition of joint
25  annuitant in s. 121.021(28), shall receive a monthly retiree
26  health insurance subsidy payment equal to the number of years
27  of creditable service, as defined in s. 121.021(17), completed
28  at the time of retirement multiplied by $5; however, no
29  eligible retiree or beneficiary may receive a subsidy payment
30  of more than $150 or less than $30.  If there are multiple
31  beneficiaries, the total payment must not be greater than the
                                  2
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    Florida Senate - 2005                           CS for SB 2266
    585-1860-05
 1  payment to which the retiree was entitled.  The health
 2  insurance subsidy amount payable to any person receiving the
 3  retiree health insurance subsidy payment on July 1, 2001,
 4  shall not be reduced solely by operation of this subparagraph.
 5         2.  Beginning July 1, 2002, each eligible participant
 6  of the Public Employee Optional Retirement Program of the
 7  Florida Retirement System who has met the requirements of this
 8  section, or, if the participant is deceased, his or her spouse
 9  who is the participant's designated beneficiary, shall receive
10  a monthly retiree health insurance subsidy payment equal to
11  the number of years of creditable service, as provided in this
12  subparagraph, completed at the time of retirement, multiplied
13  by $5; however, no eligible retiree or beneficiary may receive
14  a subsidy payment of more than $150 or less than $30.  For
15  purposes of determining a participant's creditable service
16  used to calculate the health insurance subsidy, a
17  participant's years of service credit or fraction thereof
18  shall be based on the participant's work year as defined in s.
19  121.021(54).  Credit shall be awarded for a full work year
20  whenever health insurance subsidy contributions have been made
21  as required by law for each month in the participant's work
22  year.  In addition, all years of creditable service retained
23  under the Florida Retirement System defined benefit program
24  shall be included as creditable service for purposes of this
25  section. Notwithstanding any other provision in this section
26  to the contrary, the spouse at the time of death shall be the
27  participant's beneficiary unless such participant has
28  designated a different beneficiary subsequent to the
29  participant's most recent marriage.
30         (f)1.  Beginning January 1, 2006, each eligible retiree
31  of the defined benefit program of the Florida Retirement
                                  3
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    Florida Senate - 2005                           CS for SB 2266
    585-1860-05
 1  System or, if the retiree is deceased, his or her beneficiary
 2  who is receiving a monthly benefit from such retiree's account
 3  and who is a spouse or a person who meets the definition of a
 4  joint annuitant in s. 121.021 shall receive a monthly retiree
 5  health insurance subsidy payment equal to the number of years
 6  of creditable service, as defined in s. 121.021, completed at
 7  the time of retirement multiplied by $6; however, an eligible
 8  retiree or beneficiary may not receive a subsidy payment of
 9  more than $180 or less than $36. If there are multiple
10  beneficiaries, the total payment must not be greater than the
11  payment to which the retiree was entitled. Notwithstanding any
12  other provision in this section to the contrary, the spouse at
13  the time of death shall be the participant's beneficiary
14  unless such participant has designated a different beneficiary
15  subsequent to the participant's most recent marriage. The
16  health insurance subsidy amount payable to any person
17  receiving the retiree health insurance subsidy payment on
18  January 1, 2005, may not be reduced solely by operation of
19  this subparagraph.
20         2.  Beginning January 1, 2006, each eligible
21  participant of the Public Employee Optional Retirement Program
22  of the Florida Retirement System who has met the requirements
23  of this section or, if the participant is deceased, his or her
24  spouse who is the participant's designated beneficiary shall
25  receive a monthly retiree health insurance subsidy equal to
26  the number of years of creditable service, as provided in this
27  subparagraph, completed at the time of retirement multiplied
28  by $6; however, an eligible retiree or beneficiary may not
29  receive a subsidy payment of more than $180 or less than $36.
30  For purposes of determining a participant's creditable service
31  used to calculate the health insurance subsidy, a
                                  4
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    Florida Senate - 2005                           CS for SB 2266
    585-1860-05
 1  participant's years of service credit or fraction thereof
 2  shall be based on the participant's work year as defined in s.
 3  121.021. Credit shall be awarded for a full work year whenever
 4  health insurance subsidy contributions have been made as
 5  required by law for each month in the participant's work year.
 6  In addition, all years of creditable service retained under
 7  the Florida Retirement System defined benefit program shall be
 8  included as creditable service for purposes of this section.
 9  Notwithstanding any other provision in this section to the
10  contrary, the spouse at the time of death shall be the
11  participant's beneficiary unless such participant has
12  designated a different beneficiary subsequent to the
13  participant's most recent marriage.
14         (g)1.  Beginning January 1, 2007, each eligible retiree
15  of the defined benefit program of the Florida Retirement
16  System or, if the retiree is deceased, his or her beneficiary
17  who is receiving a monthly benefit from such retiree's account
18  and who is a spouse or a person who meets the definition of a
19  joint annuitant in s. 121.021 shall receive a monthly retiree
20  health insurance subsidy payment equal to the number of years
21  of creditable service, as defined in s. 121.021, completed at
22  the time of retirement multiplied by $7; however, an eligible
23  retiree or beneficiary may not receive a subsidy payment of
24  more than $210 or less than $42. If there are multiple
25  beneficiaries, the total payment must not be greater than the
26  payment to which the retiree was entitled. Notwithstanding any
27  other provision in this section to the contrary, the spouse at
28  the time of death shall be the participant's beneficiary
29  unless such participant has designated a different beneficiary
30  subsequent to the participant's most recent marriage. The
31  health insurance subsidy amount payable to any person
                                  5
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    Florida Senate - 2005                           CS for SB 2266
    585-1860-05
 1  receiving the retiree health insurance subsidy payment on
 2  January 1, 2005, may not be reduced solely by operation of
 3  this subparagraph.
 4         2.  Beginning January 1, 2007, each eligible
 5  participant of the Public Employee Optional Retirement Program
 6  of the Florida Retirement System who has met the requirements
 7  of this section or, if the participant is deceased, his or her
 8  spouse who is the participant's designated beneficiary shall
 9  receive a monthly retiree health insurance subsidy equal to
10  the number of years of creditable service, as provided in this
11  subparagraph, completed at the time of retirement multiplied
12  by $7; however, an eligible retiree or beneficiary may not
13  receive a subsidy payment of more than $210 or less than $42.
14  For purposes of determining a participant's creditable service
15  used to calculate the health insurance subsidy, a
16  participant's years of service credit or fraction thereof
17  shall be based on the participant's work year as defined in s.
18  121.021. Credit shall be awarded for a full work year whenever
19  health insurance subsidy contributions have been made as
20  required by law for each month in the participant's work year.
21  In addition, all years of creditable service retained under
22  the Florida Retirement System defined benefit program shall be
23  included as creditable service for purposes of this section.
24  Notwithstanding any other provision in this section to the
25  contrary, the spouse at the time of death shall be the
26  participant's beneficiary unless such participant has
27  designated a different beneficiary subsequent to the
28  participant's most recent marriage.
29         (8)  CONTRIBUTIONS.--For purposes of funding the
30  insurance subsidy provided by this section:
31  
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    Florida Senate - 2005                           CS for SB 2266
    585-1860-05
 1         (a)  Beginning October 1, 1987, the employer of each
 2  member of a state-administered retirement plan shall
 3  contribute 0.24 percent of gross compensation each pay period.
 4         (b)  Beginning January 1, 1989, the employer of each
 5  member of a state-administered retirement plan shall
 6  contribute 0.48 percent of gross compensation each pay period.
 7         (c)  Beginning January 1, 1994, the employer of each
 8  member of a state-administered retirement plan shall
 9  contribute 0.56 percent of gross compensation each pay period.
10         (d)  Beginning January 1, 1995, the employer of each
11  member of a state-administered retirement plan shall
12  contribute 0.66 percent of gross compensation each pay period.
13         (e)  Beginning July 1, 1998, the employer of each
14  member of a state-administered retirement plan shall
15  contribute 0.94 percent of gross compensation each pay period.
16         (f)  Beginning July 1, 2001, the employer of each
17  member of a state-administered plan shall contribute 1.11
18  percent of gross compensation each pay period.
19         (g)  Beginning January 1, 2006, the employer of each
20  member of a state-administered retirement plan shall
21  contribute 1.75 percent of gross compensation each pay period.
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23  Such contributions shall be submitted to the Department of
24  Management Services and deposited in the Retiree Health
25  Insurance Subsidy Trust Fund.
26         Section 2.  The Legislature finds that a proper and
27  legitimate state purpose is served when employees and retirees
28  of the state and of its political subdivisions, and the
29  dependents, survivors, and beneficiaries of such employees and
30  retirees, are extended the basic protections afforded by
31  governmental retirement systems that provide fair and adequate
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    Florida Senate - 2005                           CS for SB 2266
    585-1860-05
 1  benefits that are managed, administered, and funded in an
 2  actuarially sound manner, as required by section 14, Article X
 3  of the State Constitution and part VII of chapter 112, Florida
 4  Statutes. Therefore, the Legislature determines and declares
 5  that this act fulfills an important state interest.
 6         Section 3.  This act shall take effect upon becoming a
 7  law.
 8  
 9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 2266
11                                 
12  The Committee Substitute provides a two-step HIS subsidy
    increase. The first step, from $5 to $6, occurs January 1,
13  2006 while the second step increase to $7 occurs January 1,
    2007. The CS funds the full increase beginning July 1, 2006 by
14  raising the employer contribution rate from 1.11% to 1.75% of
    payroll.
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