HB 0483CS

CHAMBER ACTION




1The Local Government Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the Florida Retirement System; amending
7s. 121.055, F.S.; during a specified period of time,
8permitting local government employees who are members of
9the Senior Management Service Class, who have withdrawn
10from the Florida Retirement System, to elect membership in
11the defined benefit program or the public employee
12optional retirement program of the system; prescribing
13requirements in making such election; providing for
14payment of the costs of such membership; providing an
15effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Paragraph (b) of subsection (1) of section
20121.055, Florida Statutes, is amended to read:
21     121.055  Senior Management Service Class.--There is hereby
22established a separate class of membership within the Florida
23Retirement System to be known as the "Senior Management Service
24Class," which shall become effective February 1, 1987.
25     (1)
26     (b)1.  Except as provided in subparagraph 2., effective
27January 1, 1990, participation in the Senior Management Service
28Class shall be compulsory for the president of each community
29college, the manager of each participating city or county, and
30all appointed district school superintendents.  Effective
31January 1, 1994, additional positions may be designated for
32inclusion in the Senior Management Service Class of the Florida
33Retirement System, provided that:
34     a.  Positions to be included in the class shall be
35designated by the local agency employer.  Notice of intent to
36designate positions for inclusion in the class shall be
37published once a week for 2 consecutive weeks in a newspaper of
38general circulation published in the county or counties
39affected, as provided in chapter 50.
40     b.  Up to 10 nonelective full-time positions may be
41designated for each local agency employer reporting to the
42Department of Management Services; for local agencies with 100
43or more regularly established positions, additional nonelective
44full-time positions may be designated, not to exceed 1 percent
45of the regularly established positions within the agency.
46     c.  Each position added to the class must be a managerial
47or policymaking position filled by an employee who is not
48subject to continuing contract and serves at the pleasure of the
49local agency employer without civil service protection, and who:
50     (I)  Heads an organizational unit; or
51     (II)  Has responsibility to effect or recommend personnel,
52budget, expenditure, or policy decisions in his or her areas of
53responsibility.
54     2.  In lieu of participation in the Senior Management
55Service Class, members of the Senior Management Service Class
56pursuant to the provisions of subparagraph 1. may withdraw from
57the Florida Retirement System altogether. The decision to
58withdraw from the Florida Retirement System shall be irrevocable
59for as long as the employee holds such a position. Any service
60creditable under the Senior Management Service Class shall be
61retained after the member withdraws from the Florida Retirement
62System; however, additional service credit in the Senior
63Management Service Class shall not be earned after such
64withdrawal.  Such members shall not be eligible to participate
65in the Senior Management Service Optional Annuity Program.
66     3.  Effective January 1, 2006, through June 30, 2006, an
67employee who has withdrawn from the Florida Retirement System
68under subparagraph 2. has one opportunity to elect to
69participate in either the defined benefit program or the Public
70Employee Optional Retirement Program of the Florida Retirement
71System.
72     a.  If the employee elects to participate in the Public
73Employee Optional Retirement Program, membership shall be
74prospective, and the applicable provisions of s. 121.4501(4)
75shall govern the election.
76     b.  If the employee elects to participate in the defined
77benefit program of the Florida Retirement System, the employee
78shall, upon payment to the system trust fund of the amount
79calculated under sub-sub-subparagraph (I), receive service
80credit for prior service based upon the time during which the
81employee had withdrawn from the system.
82     (I)  The cost for such credit shall be an amount
83representing the actuarial accrued liability for the affected
84period of service. The cost shall be calculated using the
85discount rate and other relevant actuarial assumptions that were
86used to value the Florida Retirement System defined benefit plan
87liabilities in the most recent actuarial valuation. The
88calculation shall include any service already maintained under
89the defined benefit plan in addition to the period of
90withdrawal. The actuarial accrued liability attributable to any
91service already maintained under the defined benefit plan shall
92be applied as a credit to the total cost resulting from the
93calculation. The division shall ensure that the transfer sum is
94prepared using a formula and methodology certified by an
95actuary.
96     (II)  The employee must transfer a sum representing the net
97cost owed for the actuarial accrued liability in sub-sub-
98subparagraph (I) immediately following the time of such
99movement, determined assuming that attained service equals the
100sum of service in the defined benefit program and the period of
101withdrawal.
102     Section 2.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.