1 | The Local Government Council recommends the following: |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to the Florida Retirement System; amending |
7 | s. 121.055, F.S.; during a specified period of time, |
8 | permitting local government employees who are members of |
9 | the Senior Management Service Class, who have withdrawn |
10 | from the Florida Retirement System, to elect membership in |
11 | the defined benefit program or the public employee |
12 | optional retirement program of the system; prescribing |
13 | requirements in making such election; providing for |
14 | payment of the costs of such membership; providing an |
15 | effective date. |
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17 | Be It Enacted by the Legislature of the State of Florida: |
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19 | Section 1. Paragraph (b) of subsection (1) of section |
20 | 121.055, Florida Statutes, is amended to read: |
21 | 121.055 Senior Management Service Class.--There is hereby |
22 | established a separate class of membership within the Florida |
23 | Retirement System to be known as the "Senior Management Service |
24 | Class," which shall become effective February 1, 1987. |
25 | (1) |
26 | (b)1. Except as provided in subparagraph 2., effective |
27 | January 1, 1990, participation in the Senior Management Service |
28 | Class shall be compulsory for the president of each community |
29 | college, the manager of each participating city or county, and |
30 | all appointed district school superintendents. Effective |
31 | January 1, 1994, additional positions may be designated for |
32 | inclusion in the Senior Management Service Class of the Florida |
33 | Retirement System, provided that: |
34 | a. Positions to be included in the class shall be |
35 | designated by the local agency employer. Notice of intent to |
36 | designate positions for inclusion in the class shall be |
37 | published once a week for 2 consecutive weeks in a newspaper of |
38 | general circulation published in the county or counties |
39 | affected, as provided in chapter 50. |
40 | b. Up to 10 nonelective full-time positions may be |
41 | designated for each local agency employer reporting to the |
42 | Department of Management Services; for local agencies with 100 |
43 | or more regularly established positions, additional nonelective |
44 | full-time positions may be designated, not to exceed 1 percent |
45 | of the regularly established positions within the agency. |
46 | c. Each position added to the class must be a managerial |
47 | or policymaking position filled by an employee who is not |
48 | subject to continuing contract and serves at the pleasure of the |
49 | local agency employer without civil service protection, and who: |
50 | (I) Heads an organizational unit; or |
51 | (II) Has responsibility to effect or recommend personnel, |
52 | budget, expenditure, or policy decisions in his or her areas of |
53 | responsibility. |
54 | 2. In lieu of participation in the Senior Management |
55 | Service Class, members of the Senior Management Service Class |
56 | pursuant to the provisions of subparagraph 1. may withdraw from |
57 | the Florida Retirement System altogether. The decision to |
58 | withdraw from the Florida Retirement System shall be irrevocable |
59 | for as long as the employee holds such a position. Any service |
60 | creditable under the Senior Management Service Class shall be |
61 | retained after the member withdraws from the Florida Retirement |
62 | System; however, additional service credit in the Senior |
63 | Management Service Class shall not be earned after such |
64 | withdrawal. Such members shall not be eligible to participate |
65 | in the Senior Management Service Optional Annuity Program. |
66 | 3. Effective January 1, 2006, through June 30, 2006, an |
67 | employee who has withdrawn from the Florida Retirement System |
68 | under subparagraph 2. has one opportunity to elect to |
69 | participate in either the defined benefit program or the Public |
70 | Employee Optional Retirement Program of the Florida Retirement |
71 | System. |
72 | a. If the employee elects to participate in the Public |
73 | Employee Optional Retirement Program, membership shall be |
74 | prospective, and the applicable provisions of s. 121.4501(4) |
75 | shall govern the election. |
76 | b. If the employee elects to participate in the defined |
77 | benefit program of the Florida Retirement System, the employee |
78 | shall, upon payment to the system trust fund of the amount |
79 | calculated under sub-sub-subparagraph (I), receive service |
80 | credit for prior service based upon the time during which the |
81 | employee had withdrawn from the system. |
82 | (I) The cost for such credit shall be an amount |
83 | representing the actuarial accrued liability for the affected |
84 | period of service. The cost shall be calculated using the |
85 | discount rate and other relevant actuarial assumptions that were |
86 | used to value the Florida Retirement System defined benefit plan |
87 | liabilities in the most recent actuarial valuation. The |
88 | calculation shall include any service already maintained under |
89 | the defined benefit plan in addition to the period of |
90 | withdrawal. The actuarial accrued liability attributable to any |
91 | service already maintained under the defined benefit plan shall |
92 | be applied as a credit to the total cost resulting from the |
93 | calculation. The division shall ensure that the transfer sum is |
94 | prepared using a formula and methodology certified by an |
95 | actuary. |
96 | (II) The employee must transfer a sum representing the net |
97 | cost owed for the actuarial accrued liability in sub-sub- |
98 | subparagraph (I) immediately following the time of such |
99 | movement, determined assuming that attained service equals the |
100 | sum of service in the defined benefit program and the period of |
101 | withdrawal. |
102 | Section 2. This act shall take effect July 1, 2005. |