| 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 |
|
| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
|
| 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. |