1 | A bill to be entitled |
2 | An act relating to the Florida Retirement System; amending |
3 | s. 121.021, F.S.; providing a definition; amending ss. |
4 | 121.051 and 121.0511, F.S.; removing cross references, to |
5 | conform; amending s. 121.055, F.S.; authorizing certain |
6 | senior management employees who withdrew from the system a |
7 | period within which to transfer into certain retirement |
8 | programs of the system; providing for transfer of |
9 | retirement contributions, interest, and earnings; |
10 | providing employees with service credit upon transferring |
11 | into a new program; providing requirements for the |
12 | calculation of service credit; requiring employees to |
13 | transfer funds upon moving into a new program; providing |
14 | an effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Subsection (62) is added to section 121.021, |
19 | Florida Statutes, to read: |
20 | 121.021 Definitions.--The following words and phrases as |
21 | used in this chapter have the respective meanings set forth |
22 | unless a different meaning is plainly required by the context: |
23 | (62) "Enrolled actuary" means an actuary who is enrolled |
24 | under Subtitle C of Title III of the Employee Retirement Income |
25 | Security Act of 1974 and who is a member of the Society of |
26 | Actuaries or the American Academy of Actuaries. |
27 | Section 2. Paragraph (b) of subsection (2) of section |
28 | 121.051, Florida Statutes, is amended to read: |
29 | 121.051 Participation in the system.-- |
30 | (2) OPTIONAL PARTICIPATION.-- |
31 | (b)1. The governing body of any municipality or special |
32 | district in the state may elect to participate in the system |
33 | upon proper application to the administrator and may cover all |
34 | or any of its units as approved by the Secretary of Health and |
35 | Human Services and the administrator. The department shall adopt |
36 | rules establishing provisions for the submission of documents |
37 | necessary for such application. Prior to being approved for |
38 | participation in the Florida Retirement System, the governing |
39 | body of any such municipality or special district that has a |
40 | local retirement system shall submit to the administrator a |
41 | certified financial statement showing the condition of the local |
42 | retirement system as of a date within 3 months prior to the |
43 | proposed effective date of membership in the Florida Retirement |
44 | System. The statement must be certified by a recognized |
45 | accounting firm that is independent of the local retirement |
46 | system. All required documents necessary for extending Florida |
47 | Retirement System coverage must be received by the department |
48 | for consideration at least 15 days prior to the proposed |
49 | effective date of coverage. If the municipality or special |
50 | district does not comply with this requirement, the department |
51 | may require that the effective date of coverage be changed. |
52 | 2. Any city or special district that has an existing |
53 | retirement system covering the employees in the units that are |
54 | to be brought under the Florida Retirement System may |
55 | participate only after holding a referendum in which all |
56 | employees in the affected units have the right to participate. |
57 | Only those employees electing coverage under the Florida |
58 | Retirement System by affirmative vote in said referendum shall |
59 | be eligible for coverage under this chapter, and those not |
60 | participating or electing not to be covered by the Florida |
61 | Retirement System shall remain in their present systems and |
62 | shall not be eligible for coverage under this chapter. After the |
63 | referendum is held, all future employees shall be compulsory |
64 | members of the Florida Retirement System. |
65 | 3. The governing body of any city or special district |
66 | complying with subparagraph 1. may elect to provide, or not |
67 | provide, benefits based on past service of officers and |
68 | employees as described in s. 121.081(1). However, if such |
69 | employer elects to provide past service benefits, such benefits |
70 | must be provided for all officers and employees of its covered |
71 | group. |
72 | 4. Once this election is made and approved it may not be |
73 | revoked, except pursuant to subparagraphs 5. and 6., and all |
74 | present officers and employees electing coverage under this |
75 | chapter and all future officers and employees shall be |
76 | compulsory members of the Florida Retirement System. |
77 | 5. Subject to the conditions set forth in subparagraph 6., |
78 | the governing body of any hospital licensed under chapter 395 |
79 | which is governed by the board of a special district as defined |
80 | in s. 189.403(1) or by the board of trustees of a public health |
81 | trust created under s. 154.07, hereinafter referred to as |
82 | "hospital district," and which participates in the system, may |
83 | elect to cease participation in the system with regard to future |
84 | employees in accordance with the following procedure: |
85 | a. No more than 30 days and at least 7 days before |
86 | adopting a resolution to partially withdraw from the Florida |
87 | Retirement System and establish an alternative retirement plan |
88 | for future employees, a public hearing must be held on the |
89 | proposed withdrawal and proposed alternative plan. |
90 | b. From 7 to 15 days before such hearing, notice of intent |
91 | to withdraw, specifying the time and place of the hearing, must |
92 | be provided in writing to employees of the hospital district |
93 | proposing partial withdrawal and must be published in a |
94 | newspaper of general circulation in the area affected, as |
95 | provided by ss. 50.011-50.031. Proof of publication of such |
96 | notice shall be submitted to the Department of Management |
97 | Services. |
98 | c. The governing body of any hospital district seeking to |
99 | partially withdraw from the system must, before such hearing, |
100 | have an actuarial report prepared and certified by an enrolled |
101 | actuary, as defined in s. 112.625(3), illustrating the cost to |
102 | the hospital district of providing, through the retirement plan |
103 | that the hospital district is to adopt, benefits for new |
104 | employees comparable to those provided under the Florida |
105 | Retirement System. |
106 | d. Upon meeting all applicable requirements of this |
107 | subparagraph, and subject to the conditions set forth in |
108 | subparagraph 6., partial withdrawal from the system and adoption |
109 | of the alternative retirement plan may be accomplished by |
110 | resolution duly adopted by the hospital district board. The |
111 | hospital district board must provide written notice of such |
112 | withdrawal to the division by mailing a copy of the resolution |
113 | to the division, postmarked no later than December 15, 1995. The |
114 | withdrawal shall take effect January 1, 1996. |
115 | 6. Following the adoption of a resolution under sub- |
116 | subparagraph 5.d., all employees of the withdrawing hospital |
117 | district who were participants in the Florida Retirement System |
118 | prior to January 1, 1996, shall remain as participants in the |
119 | system for as long as they are employees of the hospital |
120 | district, and all rights, duties, and obligations between the |
121 | hospital district, the system, and the employees shall remain in |
122 | full force and effect. Any employee who is hired or appointed on |
123 | or after January 1, 1996, may not participate in the Florida |
124 | Retirement System, and the withdrawing hospital district shall |
125 | have no obligation to the system with respect to such employees. |
126 | Section 3. Subsection (3) of section 121.0511, Florida |
127 | Statutes, is amended to read: |
128 | 121.0511 Revocation of election and alternative plan.--The |
129 | governing body of any municipality or independent special |
130 | district that has elected to participate in the Florida |
131 | Retirement System may revoke its election in accordance with the |
132 | following procedure: |
133 | (3) The governing body of a municipality or independent |
134 | special district seeking to revoke its election to participate |
135 | in the system must, before such revocation, have an actuarial |
136 | report prepared and certified by an enrolled actuary, as defined |
137 | in s. 112.625, illustrating the cost to the municipality or |
138 | independent special district and to its future employees of |
139 | providing a new retirement plan for employees hired after |
140 | January 1, 1996. |
141 | Section 4. Paragraph (b) of subsection (1) of section |
142 | 121.055, Florida Statutes, is amended to read: |
143 | 121.055 Senior Management Service Class.--There is hereby |
144 | established a separate class of membership within the Florida |
145 | Retirement System to be known as the "Senior Management Service |
146 | Class," which shall become effective February 1, 1987. |
147 | (1) |
148 | (b)1. Except as provided in subparagraph 2., effective |
149 | January 1, 1990, participation in the Senior Management Service |
150 | Class shall be compulsory for the president of each community |
151 | college, the manager of each participating city or county, and |
152 | all appointed district school superintendents. Effective January |
153 | 1, 1994, additional positions may be designated for inclusion in |
154 | the Senior Management Service Class of the Florida Retirement |
155 | System, provided that: |
156 | a. Positions to be included in the class shall be |
157 | designated by the local agency employer. Notice of intent to |
158 | designate positions for inclusion in the class shall be |
159 | published once a week for 2 consecutive weeks in a newspaper of |
160 | general circulation published in the county or counties |
161 | affected, as provided in chapter 50. |
162 | b. Up to 10 nonelective full-time positions may be |
163 | designated for each local agency employer reporting to the |
164 | Department of Management Services; for local agencies with 100 |
165 | or more regularly established positions, additional nonelective |
166 | full-time positions may be designated, not to exceed 1 percent |
167 | of the regularly established positions within the agency. |
168 | c. Each position added to the class must be a managerial |
169 | or policymaking position filled by an employee who is not |
170 | subject to continuing contract and serves at the pleasure of the |
171 | local agency employer without civil service protection, and who: |
172 | (I) Heads an organizational unit; or |
173 | (II) Has responsibility to effect or recommend personnel, |
174 | budget, expenditure, or policy decisions in his or her areas of |
175 | responsibility. |
176 | 2. In lieu of participation in the Senior Management |
177 | Service Class, members of the Senior Management Service Class |
178 | pursuant to the provisions of subparagraph 1. may withdraw from |
179 | the Florida Retirement System altogether. The decision to |
180 | withdraw from the Florida Retirement System shall be irrevocable |
181 | for as long as the employee holds such a position. Any service |
182 | creditable under the Senior Management Service Class shall be |
183 | retained after the member withdraws from the Florida Retirement |
184 | System; however, additional service credit in the Senior |
185 | Management Service Class shall not be earned after such |
186 | withdrawal. Such members shall not be eligible to participate in |
187 | the Senior Management Service Optional Annuity Program. |
188 | 3. Effective January 1, 2006, and terminating June 30, |
189 | 2006, an employee who has withdrawn from the Florida Retirement |
190 | System pursuant to subparagraph 2., shall have one opportunity, |
191 | at the employee's discretion, to transfer from his or her |
192 | current optional retirement program to the defined benefit |
193 | program of the Florida Retirement System or to the Public |
194 | Employee Optional Retirement Program, subject to the terms of |
195 | the applicable optional retirement program contracts. |
196 | a. If an employee chooses to move to the Public Employee |
197 | Optional Retirement Program, any contributions, interest, and |
198 | earnings creditable to the employee under the local optional |
199 | retirement program shall be retained by the employee in the |
200 | local optional retirement program, and the applicable provisions |
201 | of s. 121.4501(4) shall govern the election. |
202 | b. If an employee chooses to move to the defined benefit |
203 | program of the Florida Retirement System, the employee shall |
204 | receive service credit equal to his or her years of service |
205 | under the local optional retirement program. |
206 | (I) The cost for such credit shall be an amount |
207 | representing the present value of that employee's accumulated |
208 | benefit obligation for the affected period of service. The cost |
209 | shall be calculated as if the benefit commencement occurs on the |
210 | first date the employee would become eligible for unreduced |
211 | benefits, using the discount rate and other relevant actuarial |
212 | assumptions that were used to value the Florida Retirement |
213 | System defined benefit plan liabilities in the most recent |
214 | actuarial valuation. The calculation shall include any service |
215 | previously maintained under the defined benefit plan in addition |
216 | to the years under the local optional retirement program. The |
217 | present value of any service already maintained under the |
218 | defined benefit plan shall be applied as a credit to total cost |
219 | resulting from the calculation. The division shall ensure that |
220 | the transfer sum is prepared using a formula and methodology |
221 | certified by an enrolled actuary. |
222 | (II) The employee must transfer from his or her local |
223 | optional retirement program account, and from other employee |
224 | moneys as necessary, a sum representing the present value of |
225 | that employee's accumulated benefit obligation immediately |
226 | following the time of such movement if attained service equals |
227 | the sum of service in the defined benefit program and service in |
228 | the local optional retirement program. |
229 | Section 5. This act shall take effect July 1, 2005. |