Senate Bill sb1670c1

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    Florida Senate - 2006                           CS for SB 1670

    By the Committee on Governmental Oversight and Productivity;
    and Senator Garcia




    585-1899-06

  1                      A bill to be entitled

  2         An act relating to state financial matters;

  3         amending s. 121.4501, F.S.; revising the method

  4         for calculating interest on certain moneys

  5         transferred between retirement accounts;

  6         providing for credit for military service of

  7         members of the Public Employee Optional

  8         Retirement Program; amending s. 121.591, F.S.;

  9         prescribing procedures to follow if a

10         participant in the Public Employee Optional

11         Retirement Program receives an invalid

12         distribution; amending s. 215.47, F.S.;

13         revising standards for determining eligibility

14         of specified savings accounts, certificates of

15         deposit, time drafts, bills of exchange, bonds,

16         notes, and other instruments for investment by

17         the State Board of Administration; amending s.

18         1002.36, F.S.; conforming a cross-reference;

19         providing an effective date.

20  

21  Be It Enacted by the Legislature of the State of Florida:

22  

23         Section 1.  Paragraph (c) of subsection (3) of section

24  121.4501, Florida Statutes, is amended, and subsection (22) is

25  added to that section, to read:

26         121.4501  Public Employee Optional Retirement

27  Program.--

28         (3)  ELIGIBILITY; RETIREMENT SERVICE CREDIT.--

29         (c)1.  Notwithstanding paragraph (b), each eligible

30  employee who elects to participate in the Public Employee

31  Optional Retirement Program and establishes one or more

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 1  individual participant accounts under the optional program may

 2  elect to transfer to the optional program a sum representing

 3  the present value of the employee's accumulated benefit

 4  obligation under the defined benefit retirement program of the

 5  Florida Retirement System. Upon such transfer, all service

 6  credit previously earned under the defined benefit program of

 7  the Florida Retirement System shall be nullified for purposes

 8  of entitlement to a future benefit under the defined benefit

 9  program of the Florida Retirement System. A participant is

10  precluded from transferring the accumulated benefit obligation

11  balance from the defined benefit program upon the expiration

12  of the period afforded to enroll in the optional program.

13         2.  For purposes of this subsection, the present value

14  of the member's accumulated benefit obligation is based upon

15  the member's estimated creditable service and estimated

16  average final compensation under the defined benefit program,

17  subject to recomputation under subparagraph 3. For state

18  employees enrolling under subparagraph (4)(a)1., initial

19  estimates will be based upon creditable service and average

20  final compensation as of midnight on June 30, 2002; for

21  district school board employees enrolling under subparagraph

22  (4)(b)1., initial estimates will be based upon creditable

23  service and average final compensation as of midnight on

24  September 30, 2002; and for local government employees

25  enrolling under subparagraph (4)(c)1., initial estimates will

26  be based upon creditable service and average final

27  compensation as of midnight on December 31, 2002. The dates

28  respectively specified above shall be construed as the

29  "estimate date" for these employees. The actuarial present

30  value of the employee's accumulated benefit obligation shall

31  be based on the following:

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 1         a.  The discount rate and other relevant actuarial

 2  assumptions used to value the Florida Retirement System Trust

 3  Fund at the time the amount to be transferred is determined,

 4  consistent with the factors provided in sub-subparagraphs b.

 5  and c.

 6         b.  A benefit commencement age, based on the member's

 7  estimated creditable service as of the estimate date. The

 8  benefit commencement age shall be the younger of the

 9  following, but shall not be younger than the member's age as

10  of the estimate date:

11         (I)  Age 62; or

12         (II)  The age the member would attain if the member

13  completed 30 years of service with an employer, assuming the

14  member worked continuously from the estimate date, and

15  disregarding any vesting requirement that would otherwise

16  apply under the defined benefit program of the Florida

17  Retirement System.

18         c.  For members of the Special Risk Class and for

19  members of the Special Risk Administrative Support Class

20  entitled to retain special risk normal retirement date, the

21  benefit commencement age shall be the younger of the

22  following, but shall not be younger than the member's age as

23  of the estimate date:

24         (I)  Age 55; or

25         (II)  The age the member would attain if the member

26  completed 25 years of service with an employer, assuming the

27  member worked continuously from the estimate date, and

28  disregarding any vesting requirement that would otherwise

29  apply under the defined benefit program of the Florida

30  Retirement System.

31  

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 1         d.  The calculation shall disregard vesting

 2  requirements and early retirement reduction factors that would

 3  otherwise apply under the defined benefit retirement program.

 4         3.  For each participant who elects to transfer moneys

 5  from the defined benefit program to his or her account in the

 6  optional program, the division shall recompute the amount

 7  transferred under subparagraph 2. not later than 60 days after

 8  the actual transfer of funds based upon the participant's

 9  actual creditable service and actual final average

10  compensation as of the initial date of participation in the

11  optional program. If the recomputed amount differs from the

12  amount transferred under subparagraph 2. by $10 or more, the

13  division shall:

14         a.  Transfer, or cause to be transferred, from the

15  Florida Retirement System Trust Fund to the participant's

16  account in the optional program the excess, if any, of the

17  recomputed amount over the previously transferred amount

18  together with interest from the initial date of transfer to

19  the date of transfer under this subparagraph, based upon 8

20  percent effective annual interest equal to the assumed return

21  on the actuarial investment which was used in the most recent

22  actuarial valuation of the system, compounded annually.

23         b.  Transfer, or cause to be transferred, from the

24  participant's account to the Florida Retirement System Trust

25  Fund the excess, if any, of the previously transferred amount

26  over the recomputed amount, together with interest from the

27  initial date of transfer to the date of transfer under this

28  subparagraph, based upon 6 percent effective annual interest,

29  compounded annually, pro rata based on the participant's

30  allocation plan.

31  

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 1         4.  As directed by the participant, the board shall

 2  transfer or cause to be transferred the appropriate amounts to

 3  the designated accounts. The board shall establish transfer

 4  procedures by rule, but the actual transfer shall not be later

 5  than 30 days after the effective date of the member's

 6  participation in the optional program unless the major

 7  financial markets for securities available for a transfer are

 8  seriously disrupted by an unforeseen event which also causes

 9  the suspension of trading on any national securities exchange

10  in the country where the securities were issued. In that

11  event, such 30-day period of time may be extended by a

12  resolution of the trustees. Transfers are not commissionable

13  or subject to other fees and may be in the form of securities

14  or cash as determined by the state board. Such securities

15  shall be valued as of the date of receipt in the participant's

16  account.

17         5.  If the board or the division receives notification

18  from the United States Internal Revenue Service that this

19  paragraph or any portion of this paragraph will cause the

20  retirement system, or a portion thereof, to be disqualified

21  for tax purposes under the Internal Revenue Code, then the

22  portion that will cause the disqualification does not apply.

23  Upon such notice, the state board and the division shall

24  notify the presiding officers of the Legislature.

25         (22)  CREDIT FOR MILITARY SERVICE.--Creditable service

26  of any member of the Public Employee Optional Retirement

27  Program shall include military service in the Armed Forces of

28  the United States as provided in the conditions outlined in s.

29  121.111(1).

30         Section 2.  Paragraph (a) of subsection (1) of section

31  121.591, Florida Statutes, is amended to read:

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 1         121.591  Benefits payable under the Public Employee

 2  Optional Retirement Program of the Florida Retirement

 3  System.--Benefits may not be paid under this section unless

 4  the member has terminated employment as provided in s.

 5  121.021(39)(a) or is deceased and a proper application has

 6  been filed in the manner prescribed by the state board or the

 7  department. The state board or department, as appropriate, may

 8  cancel an application for retirement benefits when the member

 9  or beneficiary fails to timely provide the information and

10  documents required by this chapter and the rules of the state

11  board and department. In accordance with their respective

12  responsibilities as provided herein, the State Board of

13  Administration and the Department of Management Services shall

14  adopt rules establishing procedures for application for

15  retirement benefits and for the cancellation of such

16  application when the required information or documents are not

17  received. The State Board of Administration and the Department

18  of Management Services, as appropriate, are authorized to cash

19  out a de minimis account of a participant who has been

20  terminated from Florida Retirement System covered employment

21  for a minimum of 6 calendar months. A de minimis account is an

22  account containing employer contributions and accumulated

23  earnings of not more than $5,000 made under the provisions of

24  this chapter. Such cash-out must either be a complete lump-sum

25  liquidation of the account balance, subject to the provisions

26  of the Internal Revenue Code, or a lump-sum direct rollover

27  distribution paid directly to the custodian of an eligible

28  retirement plan, as defined by the Internal Revenue Code, on

29  behalf of the participant. If any financial instrument issued

30  for the payment of retirement benefits under this section is

31  not presented for payment within 180 days after the last day

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 1  of the month in which it was originally issued, the

 2  third-party administrator or other duly authorized agent of

 3  the State Board of Administration shall cancel the instrument

 4  and credit the amount of the instrument to the suspense

 5  account of the Public Employee Optional Retirement Program

 6  Trust Fund authorized under s. 121.4501(6). Any such amounts

 7  transferred to the suspense account are payable upon a proper

 8  application, not to include earnings thereon, as provided in

 9  this section, within 10 years after the last day of the month

10  in which the instrument was originally issued, after which

11  time such amounts and any earnings thereon shall be forfeited.

12  Any such forfeited amounts are assets of the Public Employee

13  Optional Retirement Program Trust Fund and are not subject to

14  the provisions of chapter 717.

15         (1)  NORMAL BENEFITS.--Under the Public Employee

16  Optional Retirement Program:

17         (a)  Benefits in the form of vested accumulations as

18  described in s. 121.4501(6) shall be payable under this

19  subsection in accordance with the following terms and

20  conditions:

21         1.  To the extent vested, benefits shall be payable

22  only to a participant.

23         2.  Benefits shall be paid by the third-party

24  administrator or designated approved providers in accordance

25  with the law, the contracts, and any applicable board rule or

26  policy.

27         3.  To receive benefits under this subsection, the

28  participant must be terminated from all employment with all

29  Florida Retirement System employers, as provided in s.

30  121.021(39).

31  

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 1         4.  Benefit payments may not be made until the

 2  participant has been terminated for 3 calendar months, except

 3  that the board may authorize by rule for the distribution of

 4  up to 10 percent of the participant's account after being

 5  terminated for 1 calendar month if a participant has reached

 6  the normal retirement requirements of the defined benefit

 7  plan, as provided in s. 121.021(29).

 8         5.  If a member or former member of the Florida

 9  Retirement System receives an invalid distribution from the

10  Public Employee Optional Retirement Program Trust Fund, such

11  person shall repay the full invalid distribution to the trust

12  fund within 90 days after receipt of final notification by the

13  State Board of Administration or the third-party administrator

14  that the distribution was invalid. If such person fails to

15  repay the full invalid distribution within 90 days after

16  receipt of final notification, the person may be deemed

17  retired from the Public Employee Optional Retirement Program

18  by the state board, as provided pursuant to s. 121.4501(2)(j),

19  and shall be subject to the provisions of s. 121.122. If such

20  person is deemed retired by the state board, any joint and

21  several liability set out in s. 121.091(9)(c)2. becomes null

22  and void, and the state board, the Department of Management

23  Services, or the employing agency are not liable for gains on

24  payroll contributions that have not been deposited to the

25  person's account in the Public Employee Optional Retirement

26  Program, pending resolution of the invalid distribution. The

27  member or former member who has been deemed retired or who has

28  been determined by the board to have taken an invalid

29  distribution may appeal the agency decision through the

30  complaint process as provided under s. 121.4501(9)(f)3. As

31  used in this subparagraph, the term "invalid distribution"

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 1  means any distribution from an account in the Public Employee

 2  Optional Retirement Program which is taken in violation of the

 3  provisions of this section, s. 121.091(9), or s. 121.4501.

 4         Section 3.  Subsections (1), (2), and (5) of section

 5  215.47, Florida Statutes, are amended, and subsection (17) is

 6  added to that section, to read:

 7         215.47  Investments; authorized securities; loan of

 8  securities.--Subject to the limitations and conditions of the

 9  State Constitution or of the trust agreement relating to a

10  trust fund, moneys available for investments under ss.

11  215.44-215.53 may be invested as follows:

12         (1)  Without limitation in:

13         (a)  Bonds, notes, or other obligations of the United

14  States or those guaranteed by the United States or for which

15  the credit of the United States is pledged for the payment of

16  the principal and interest or dividends thereof.

17         (b)  State bonds pledging the full faith and credit of

18  the state and revenue bonds additionally secured by the full

19  faith and credit of the state.

20         (c)  Bonds of the several counties or districts in the

21  state containing a pledge of the full faith and credit of the

22  county or district involved.

23         (d)  Bonds issued or administered by the State Board of

24  Administration secured solely by a pledge of all or part of

25  the 2-cent constitutional fuel tax accruing under the

26  provisions of s. 16, Art. IX of the State Constitution of

27  1885, as amended, or of s. 9, Art. XII of the 1968 revised

28  State Constitution.

29         (e)  Bonds issued by the State Board of Education

30  pursuant to ss. 18 and 19, Art. XII of the State Constitution

31  

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 1  of 1885, as amended, or to s. 9, Art. XII of the 1968 revised

 2  State Constitution, as amended.

 3         (f)  Bonds issued by the Florida Outdoor Recreational

 4  Development Council pursuant to s. 17, Art. IX of the State

 5  Constitution of 1885, as amended.

 6         (g)  Bonds issued by the Florida State Improvement

 7  Commission, Florida Development Commission, Division of Bond

 8  Finance of the Department of General Services, or Division of

 9  Bond Finance of the State Board of Administration.

10         (h)  Savings accounts in, or certificates of deposit

11  of, any bank, savings bank, or savings and loan association

12  incorporated under the laws of this state or organized under

13  the laws of the United States doing business and situated in

14  this state, the accounts of which are insured by the Federal

15  Government or an agency thereof and having a prime quality of

16  the highest letter and numerical ratings as provided for by at

17  least one nationally recognized statistical rating

18  organization, in an amount that does not exceed 15 percent of

19  the net worth of the institution, or a lesser amount as

20  determined by rule by the State Board of Administration,

21  provided such savings accounts and certificates of deposit are

22  secured in the manner prescribed in chapter 280.

23         (i)  Notes, bonds, and other obligations of agencies of

24  the United States.

25         (j)  Commercial paper of prime quality of the highest

26  letter and numerical rating as provided for by at least one

27  nationally recognized rating service.

28         (k)  Time drafts or bills of exchange drawn on and

29  accepted by a commercial bank, otherwise known as banker's

30  acceptances, which are accepted by a member bank of the

31  Federal Reserve System and are of prime quality of the highest

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 1  letter and numerical ratings as provided for by at least one

 2  nationally recognized statistical rating organization having

 3  total deposits of not less than $400 million.

 4         (l)  Negotiable certificates of deposit issued by

 5  domestic or foreign financial institutions in United States

 6  dollars of prime quality of the highest letter and numerical

 7  ratings as provided for by at least one nationally recognized

 8  statistical rating organization.

 9         (m)  Short-term obligations not authorized elsewhere in

10  this section to be purchased individually or in pooled

11  accounts or other collective investment funds, for the purpose

12  of providing liquidity to any fund or portfolio.

13         (n)  Securities of, or other interests in, any open-end

14  or closed-end management type investment company or investment

15  trust registered under the Investment Company Act of 1940, 15

16  U.S.C. ss. 80a-1 et seq., as amended from time to time,

17  provided that the portfolio of such investment company or

18  investment trust is limited to obligations of the United

19  States Government or any agency or instrumentality thereof and

20  to repurchase agreements fully collateralized by such United

21  States Government obligations and provided that such

22  investment company or investment trust takes delivery of such

23  collateral either directly or through an authorized custodian.

24         (2)  With no more than 25 percent of any fund in:

25         (a)  Bonds, notes, or obligations of any municipality

26  or political subdivision or any agency or authority of this

27  state, if the obligations are rated investment grade by at

28  least one nationally recognized statistical rating

29  organization such obligations are rated in any one of the

30  three highest ratings by two nationally recognized rating

31  service.  However, if only one nationally recognized rating

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 1  service shall rate such obligations, then such rating service

 2  must have rated such obligations in any one of the two highest

 3  classifications heretofore mentioned.

 4         (b)  Notes secured by first mortgages on Florida real

 5  property, insured or guaranteed by the Federal Housing

 6  Administration or the United States Department of Veterans

 7  Affairs.

 8         (c)  Investments collateralized by first mortgages

 9  covering single-family Florida residences, provided such

10  mortgages do not exceed $60,000, do not exceed 80 percent of

11  value, are not delinquent, and are originated by a lender

12  regulated by the state or Federal Government and the aggregate

13  of the collateral furnished is at least 150 percent of the

14  aggregate investment under this subsection.  The mortgages

15  used for collateral shall be segregated by the lending

16  institution so that such segregation may be confirmed by

17  independent audit.  In the event any such mortgage used as

18  collateral becomes more than 3 months delinquent, the lender

19  shall immediately substitute therefor a mortgage of equal or

20  greater value.

21         (c)(d)  Mortgage securities which represent

22  participation in or are collateralized by mortgage loans

23  secured by real property. Such securities must be issued by an

24  agency of or enterprise sponsored by the United States

25  Government, including, but not limited to, the Government

26  National Mortgage Association, the Federal National Mortgage

27  Association, and the Federal Home Loan Mortgage Corporation.

28         (d)(e)  Group annuity contracts of the pension

29  investment type with insurers licensed to do business in this

30  state which are rated investment grade by at least one

31  nationally recognized rating service, except that amounts

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 1  invested by the board with any one insurer shall not exceed 3

 2  percent of its assets.

 3         (e)(f)  Certain interests in real property and related

 4  personal property, including mortgages and related instruments

 5  on commercial or industrial real property, with provisions for

 6  equity or income participation or with provisions for

 7  convertibility to equity ownership; and interests in

 8  collective investment funds. Associated expenditures for

 9  acquisition and operation of assets purchased under this

10  provision or of investments in private equity or other private

11  investment partnerships or limited liability companies shall

12  be included as a part of the cost of the investment.

13         1.  The title to real property acquired under this

14  paragraph shall be vested in the name of the respective fund.

15         2.  For purposes of taxation of property owned by any

16  fund, the provisions of s. 196.199(2)(b) do not apply.

17         3.  Real property acquired under the provisions of this

18  paragraph shall not be considered state lands or public lands

19  and property as defined in chapter 253, and the provisions of

20  that chapter do not apply to such real property.

21         (f)(g)  Fixed-income obligations not otherwise

22  authorized by this section issued by foreign governments or

23  political subdivisions or agencies thereof, supranational

24  agencies, foreign corporations, or foreign commercial

25  entities, if the obligations are rated investment grade by at

26  least one nationally recognized rating service.

27         (g)(h)  A portion of the funds available for investment

28  pursuant to this subsection may be invested in rated or

29  unrated bonds, notes, or instruments backed by the full faith

30  and credit of the government of Israel.

31  

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 1         (h)(i)  Obligations of agencies of the government of

 2  the United States, provided such obligations have been

 3  included in and authorized by the Florida Retirement System

 4  Defined Benefit Plan Investment Policy Statement established

 5  in s. 215.475.

 6         (i)(j)  United States dollar-denominated obligations

 7  issued by foreign governments, or political subdivisions or

 8  agencies thereof, supranational agencies, foreign

 9  corporations, or foreign commercial entities.

10         (j)(k)  Asset-backed securities not otherwise

11  authorized by this section.

12         (5)  With no more than 25 20 percent of any fund in

13  corporate obligations and securities of any kind of a foreign

14  corporation or a foreign commercial entity having its

15  principal office located in any country other than the United

16  States of America or its possessions or territories, not

17  including United States dollar-denominated securities listed

18  and traded on a United States exchange which are a part of the

19  ordinary investment strategy of the board.

20         (17)  The State Board of Administration may sell short

21  any of the securities and investments authorized under this

22  section.

23         Section 4.  Paragraph (e) of subsection (4) of section

24  1002.36, Florida Statutes, is amended to read:

25         1002.36  Florida School for the Deaf and the Blind.--

26         (4)  BOARD OF TRUSTEES.--

27         (e)  The board of trustees is invested with full power

28  and authority to:

29         1.  Appoint a president, faculty, teachers, and other

30  employees and remove the same as in its judgment may be best

31  and fix their compensation.

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 1         2.  Procure professional services, such as medical,

 2  mental health, architectural, and engineering.

 3         3.  Procure legal services without the prior written

 4  approval of the Attorney General.

 5         4.  Determine eligibility of students and procedure for

 6  admission.

 7         5.  Provide for the students of the school necessary

 8  bedding, clothing, food, and medical attendance and such other

 9  things as may be proper for the health and comfort of the

10  students without cost to their parents, except that the board

11  of trustees may set tuition and other fees for nonresidents.

12         6.  Provide for the proper keeping of accounts and

13  records and for budgeting of funds.

14         7.  Enter into contracts.

15         8.  Sue and be sued.

16         9.  Secure public liability insurance.

17         10.  Do and perform every other matter or thing

18  requisite to the proper management, maintenance, support, and

19  control of the school at the highest efficiency economically

20  possible, the board of trustees taking into consideration the

21  purposes of the establishment.

22         11.  Receive gifts, donations, and bequests of money or

23  property, real or personal, tangible or intangible, from any

24  person, firm, corporation, or other legal entity. However, the

25  board of trustees may not obligate the state to any

26  expenditure or policy that is not specifically authorized by

27  law. If the bill of sale, will, trust indenture, deed, or

28  other legal conveyance specifies terms and conditions

29  concerning the use of such money or property, the board of

30  trustees shall observe such terms and conditions.

31  

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 1         12.  Deposit outside the State Treasury such moneys as

 2  are received as gifts, donations, or bequests and may disburse

 3  and expend such moneys, upon its own warrant, for the use and

 4  benefit of the Florida School for the Deaf and the Blind and

 5  its students, as the board of trustees deems to be in the best

 6  interest of the school and its students. Such money or

 7  property shall not constitute or be considered a part of any

 8  legislative appropriation, and such money shall not be used to

 9  compensate any person for engaging in lobbying activities

10  before the House of Representatives or Senate or any committee

11  thereof.

12         13.  Sell or convey by bill of sale, deed, or other

13  legal instrument any property, real or personal, received as a

14  gift, donation, or bequest, upon such terms and conditions as

15  the board of trustees deems to be in the best interest of the

16  school and its students.

17         14.  Invest such moneys in securities enumerated under

18  s. 215.47(1), (2)(c) (2)(d), (3), (4), and (9), and in The

19  Common Fund, an Investment Management Fund exclusively for

20  nonprofit educational institutions.

21         Section 5.  This act shall take effect July 1, 2006.

22  

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                             SB 1670

25                                 

26  The Committee Substitute make grammar and syntax changes to
    the original bill. It also clarifies the titles of the rating
27  agencies to which reference is made in the bill. Lastly, it
    provides more procedural clarity on the dispute resolution
28  process when a determination has been made that an invalid
    distribution has occurred from a participant account.
29  

30  

31  

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