Senate Bill sb1884

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    Florida Senate - 2006                                  SB 1884

    By Senator Jones





    13-1248-06

  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

  3         System; amending s. 121.091, F.S.; increasing

  4         retirement benefits payable to Regular Class

  5         members of the system; providing retroactive

  6         applicability; providing for funding benefit

  7         increases; providing a finding of important

  8         state interest; providing an effective date.

  9  

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

11  

12         Section 1.  Subsection (1) of section 121.091, Florida

13  Statutes, is amended to read:

14         121.091  Benefits payable under the system.--Benefits

15  may not be paid under this section unless the member has

16  terminated employment as provided in s. 121.021(39)(a) or

17  begun participation in the Deferred Retirement Option Program

18  as provided in subsection (13), and a proper application has

19  been filed in the manner prescribed by the department. The

20  department may cancel an application for retirement benefits

21  when the member or beneficiary fails to timely provide the

22  information and documents required by this chapter and the

23  department's rules. The department shall adopt rules

24  establishing procedures for application for retirement

25  benefits and for the cancellation of such application when the

26  required information or documents are not received.

27         (1)  NORMAL RETIREMENT BENEFIT.--Upon attaining his or

28  her normal retirement date, the member, upon application to

29  the administrator, shall receive a monthly benefit which shall

30  begin to accrue on the first day of the month of retirement

31  and be payable on the last day of that month and each month

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    Florida Senate - 2006                                  SB 1884
    13-1248-06




 1  thereafter during his or her lifetime. The normal retirement

 2  benefit, including any past or additional retirement credit,

 3  may not exceed 100 percent of the average final compensation.

 4  The amount of monthly benefit shall be calculated as the

 5  product of A and B, subject to the adjustment of C, if

 6  applicable, as set forth below:

 7         (a)1.a.  Before July 1, 2006, for creditable years of

 8  Regular Class service, A is 1.60 percent of the member's

 9  average final compensation, up to the member's normal

10  retirement date. Upon completion of the first year after the

11  normal retirement date, A is 1.63 percent of the member's

12  average final compensation.  Following the second year after

13  the normal retirement date, A is 1.65 percent of the member's

14  average final compensation. Following the third year after the

15  normal retirement date, and for subsequent years, A is 1.68

16  percent of the member's average final compensation.

17         b.  Beginning July 1, 2006, for all creditable years of

18  Regular Class service, including service years before July 1,

19  2006, A is 2 percent of the member's average final

20  compensation.

21         2.  For creditable years of special risk service, A is:

22         a.  Two percent of the member's average final

23  compensation for all creditable years prior to October 1,

24  1974;

25         b.  Three percent of the member's average final

26  compensation for all creditable years after September 30,

27  1974, and before October 1, 1978;

28         c.  Two percent of the member's average final

29  compensation for all creditable years after September 30,

30  1978, and before January 1, 1989;

31  

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    Florida Senate - 2006                                  SB 1884
    13-1248-06




 1         d.  Two and two-tenths percent of the member's final

 2  monthly compensation for all creditable years after December

 3  31, 1988, and before January 1, 1990;

 4         e.  Two and four-tenths percent of the member's average

 5  final compensation for all creditable years after December 31,

 6  1989, and before January 1, 1991;

 7         f.  Two and six-tenths percent of the member's average

 8  final compensation for all creditable years after December 31,

 9  1990, and before January 1, 1992;

10         g.  Two and eight-tenths percent of the member's

11  average final compensation for all creditable years after

12  December 31, 1991, and before January 1, 1993;

13         h.  Three percent of the member's average final

14  compensation for all creditable years after December 31, 1992;

15  and

16         i.  Three percent of the member's average final

17  compensation for all creditable years of service after

18  September 30, 1978, and before January 1, 1993, for any

19  special risk member who retires after July 1, 2000, or any

20  member of the Special Risk Administrative Support Class

21  entitled to retain the special risk normal retirement date who

22  was a member of the Special Risk Class during the time period

23  and who retires after July 1, 2000.

24         3.  For creditable years of Senior Management Service

25  Class service after January 31, 1987, A is 2 percent;

26         4.  For creditable years of Elected Officers' Class

27  service as a Supreme Court Justice, district court of appeal

28  judge, circuit judge, or county court judge, A is 3 1/3

29  percent of the member's average final compensation, and for

30  all other creditable service in such class, A is 3 percent of

31  average final compensation.;

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    Florida Senate - 2006                                  SB 1884
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 1         (b)  B is the number of the member's years and any

 2  fractional part of a year of creditable service earned

 3  subsequent to November 30, 1970.; and

 4         (c)  C is the normal retirement benefit credit brought

 5  forward as of November 30, 1970, by a former member of an

 6  existing system.  Such normal retirement benefit credit shall

 7  be determined as the product of X and Y when X is the

 8  percentage of average final compensation which the member

 9  would have been eligible to receive if the member had attained

10  his or her normal retirement date as of November 30, 1970, all

11  in accordance with the existing system under which the member

12  is covered on November 30, 1970, and Y is average final

13  compensation as defined in s. 121.021(25).  However, any

14  member of an existing retirement system who is eligible to

15  retire and who does retire, become disabled, or die prior to

16  April 15, 1971, may have his or her retirement benefits

17  calculated on the basis of the best 5 of the last 10 years of

18  service.

19         (d)  A member's average final compensation shall be

20  determined by formula to obtain the coverage for the 5 highest

21  fiscal years' salaries, calculated as provided by rule.

22         Section 2.  It is the intent of the Legislature that

23  costs attributable to benefit increases for members of the

24  Florida Retirement System Regular Class be funded by

25  recognition of lump sums from the excess actuarial assets of

26  the Florida Retirement System Trust Fund as follows:

27         (1)  For fiscal year 2006-2007, the lump sum to be

28  recognized is the lesser of:

29         (a)  The amount available under the rate stabilization

30  mechanism described in s. 121.031, Florida Statutes; or

31  

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    Florida Senate - 2006                                  SB 1884
    13-1248-06




 1         (b)  The amount needed to pay the annual cost

 2  attributable to the increased benefit accrual rate for Regular

 3  Class members. The annual cost shall consist of the increase

 4  in normal cost for Regular Class members, plus payment of the

 5  30-year amortization amount of the increase in the actuarial

 6  accrued liability attributable to the increase, equal to 4.59

 7  percent of the Regular Class member payroll. If, after the

 8  recognition of excess actuarial assets under this subsection,

 9  there remains an unfunded cost, the contribution rate

10  applicable to Regular Class members shall be increased by the

11  difference between the annual cost and the amount provided by

12  the excess actuarial assets, unless the Legislature provides

13  an alternate funding mechanism.

14         (2)  For fiscal years beginning with 2007-2008, the

15  Legislature shall, as provided in subsection (1), continue to

16  fund on an ongoing basis the annual cost attributable to the

17  formula improvements.

18         Section 3.  The Legislature finds that a proper and

19  legitimate state purpose is served when employees and retirees

20  of the state and of its political subdivisions, and the

21  dependents, survivors, and beneficiaries of such employees and

22  retirees, are extended the basic protections afforded by

23  governmental retirement systems that provide fair and adequate

24  benefits and that are managed, administered, and funded in an

25  actuarially sound manner as required by s. 14, Art. X of the

26  State Constitution and part VII of chapter 112, Florida

27  Statutes. Therefore, the Legislature determines and declares

28  that this act fulfills an important state interest.

29         Section 4.  This act shall take effect July 1, 2006.

30  

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    Florida Senate - 2006                                  SB 1884
    13-1248-06




 1            *****************************************

 2                          SENATE SUMMARY

 3    Increases the retirement credit for members of the
      Regular Class of the Florida Retirement System to 2
 4    percent of average final compensation for all years of
      creditable service, applicable retroactively.
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