Senate Bill sb1488er

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    2007 Legislature                 CS for SB 1488, 1st Engrossed



  1                                 

  2         An act relating to retirement; amending s.

  3         112.0801, F.S.; providing a definition for the

  4         term "retiree" for purposes of participation in

  5         group insurance; creating s. 121.047, F.S.;

  6         consolidating the operation of the Institute of

  7         Food and Agricultural Sciences Supplemental

  8         Retirement Program under the Florida Retirement

  9         System; providing for assumption of program

10         liabilities and obligations; abolishing the

11         Institute of Food and Agricultural Sciences

12         Supplemental Retirement Trust Fund; barring

13         program participants from membership in the

14         Florida Retirement System; amending s. 121.40,

15         F.S., relating to the establishment and

16         administration of the Institute of Food and

17         Agricultural Sciences Supplemental Retirement

18         Program; conforming provisions to changes made

19         by the act; redefining the term "trust fund"

20         for purposes of administering the program;

21         providing a rate of monthly contributions;

22         removing provisions relating to investments of

23         the program trust fund; providing a legislative

24         finding that the act fulfills an important

25         state interest; providing an effective date.

26  

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

28  

29         Section 1.  Section 112.0801, Florida Statutes, is

30  amended to read:

31  


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 1         112.0801  Group insurance; participation by retired

 2  employees.--

 3         (1)  Any state agency, county, municipality, special

 4  district, community college, or district school board which

 5  provides life, health, accident, hospitalization, or annuity

 6  insurance, or all of any kinds of such insurance, for its

 7  officers and employees and their dependents upon a group

 8  insurance plan or self-insurance plan shall allow all former

 9  personnel who have retired prior to October 1, 1987, as well

10  as those who retire on or after such date, and their eligible

11  dependents, the option of continuing to participate in such

12  group insurance plan or self-insurance plan. Retirees and

13  their eligible dependents shall be offered the same health and

14  hospitalization insurance coverage as is offered to active

15  employees at a premium cost of no more than the premium cost

16  applicable to active employees. For the retired employees and

17  their eligible dependents, the cost of any such continued

18  participation in any type of plan or any of the cost thereof

19  may be paid by the employer or by the retired employees. To

20  determine health and hospitalization plan costs, the employer

21  shall commingle the claims experience of the retiree group

22  with the claims experience of the active employees; and, for

23  other types of coverage, the employer may commingle the claims

24  experience of the retiree group with the claims experience of

25  active employees. Retirees covered under Medicare may be

26  experience-rated separately from the retirees not covered by

27  Medicare and from active employees, provided that the total

28  premium does not exceed that of the active group and coverage

29  is basically the same as for the active group.

30         (2)  For purposes of this section, "retiree" means any

31  officer or employee who retires under a state retirement


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 1  system or a state optional annuity or retirement program or is

 2  placed on disability retirement and who begins receiving

 3  retirement benefits immediately after retirement from

 4  employment. In addition to these requirements, any officer or

 5  employee who retires under the Public Employee Optional

 6  Retirement Program established under part II of chapter 121

 7  shall be considered a "retired officer or employee" or

 8  "retiree" as used in this section if he or she:

 9         (a)  Meets the age and service requirements to qualify

10  for normal retirement as set forth in s. 121.021(29); or

11         (b)  Has attained the age specified by s.

12  72(t)(2)(A)(i) of the Internal Revenue Code and has 6 years of

13  creditable service.

14         Section 2.  Section 121.047, Florida Statutes, is

15  created to read:

16         121.047  Consolidation of liabilities and assets;

17  Institute of Food and Agricultural Sciences Supplemental

18  Retirement Program; restriction.--

19         (1)  Effective July 1, 2007, the Institute of Food and

20  Agricultural Sciences Supplemental Retirement Program, as

21  established under s. 121.40, shall be consolidated under the

22  Florida Retirement System and the system shall assume:

23         (a)  All liabilities related to the payment of

24  supplemental monthly benefits to retired employees of the

25  institute and their surviving beneficiaries; and

26         (b)  All obligations in regard to funding and

27  administering benefits accrued for the benefit of retired

28  employees of the institute and their surviving beneficiaries.

29         (2)  The administrator shall, as of July 1, 2007, cause

30  to be transferred to the trust fund of the Florida Retirement

31  System all assets of the Institute of Food and Agricultural


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    2007 Legislature                 CS for SB 1488, 1st Engrossed



 1  Sciences Supplemental Retirement Trust Fund, including moneys,

 2  securities, and other property accumulated to date, as well as

 3  all liabilities and obligations connected therewith. Upon such

 4  transfer of assets, liabilities, and obligations, the

 5  Institute of Food and Agricultural Sciences Supplemental

 6  Retirement Trust Fund shall be abolished and the administrator

 7  shall become the trustee of any funds transferred to the

 8  Florida Retirement System.

 9         (3)  Participation in the Institute of Food and

10  Agricultural Sciences Supplemental Retirement Program does not

11  constitute membership in the Florida Retirement System.

12         Section 3.  Section 121.40, Florida Statutes, is

13  amended to read:

14         121.40  Cooperative extension personnel at the

15  Institute of Food and Agricultural Sciences; supplemental

16  retirement benefits.--

17         (1)  SHORT TITLE.--This section shall be known and may

18  be cited as the "Institute of Food and Agricultural Sciences

19  Supplemental Retirement Act."

20         (2)  PURPOSE.--The purpose of this act is to provide a

21  supplement to the monthly retirement benefits being paid under

22  the federal Civil Service Retirement System to, or with

23  respect to, certain retired employees of the Institute of Food

24  and Agricultural Sciences at the University of Florida, whose

25  positions were ineligible for coverage under a state-supported

26  retirement system.

27         (3)  DEFINITIONS.--The definitions provided in s.

28  121.021 shall not apply to this program section except when

29  specifically cited.  For the purposes of this section, the

30  following words or phrases have the respective meanings set

31  forth:


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 1         (a)  "Institute" means the Institute of Food and

 2  Agricultural Sciences of the University of Florida.

 3         (b)  "Department" means the Department of Management

 4  Services.

 5         (c)  "Participant" means any employee of the institute

 6  who is eligible to receive a supplemental benefit under this

 7  program as provided in subsection (4).

 8         (d)  "Trust fund" means the Florida Retirement System

 9  Institute of Food and Agricultural Sciences Supplemental

10  Retirement Trust Fund.

11         (e)  "Creditable service" means any service subsequent

12  to December 1, 1970, with the institute as a cooperative

13  extension employee holding both state and federal

14  appointments, that is credited for retirement purposes by the

15  institute toward a federal Civil Service Retirement System

16  annuity.

17         (4)  ELIGIBILITY FOR SUPPLEMENT.--To be eligible for a

18  benefit under this program pursuant to the provisions of this

19  section, a person must meet all of the following eligibility

20  criteria:

21         (a)  The person must have held both state and federal

22  appointments while employed at the institute, and have

23  completed 10 years of creditable service with the institute,

24  subsequent to December 1, 1970.

25         (b)  The person must be participating in the federal

26  Civil Service Retirement System based on service at the

27  institute.

28         (c)  The person must have retired from the institute on

29  or after January 1, 1985, and must have been eligible for

30  benefits under the federal Civil Service Retirement System

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 1  commencing immediately upon the termination of service with

 2  the institute.

 3         (d)  The person must have attained the age of 62.

 4         (e)  The person must not be entitled to any benefit

 5  from a state-supported retirement system or from social

 6  security based upon service as a cooperative extension

 7  employee of the institute. Participation in the Institute of

 8  Food and Agricultural Sciences Supplemental Retirement Program

 9  shall not constitute membership in the Florida Retirement

10  System.

11         (f)  The person must have been employed with the

12  institute prior to, and on, July 1, 1983.

13         (5)  SUPPLEMENT AMOUNT.--The supplemental payment shall

14  provide a benefit to the retiree equal to the amount by which

15  the retirement annuity, without a survivor benefit, earned by

16  the employee under the federal Civil Service Retirement System

17  with respect to service as a cooperative extension employee of

18  the institute after December 1, 1970, is inferior to:

19         (a)  An amount equal to the option one retirement

20  benefit that the employee would have been entitled to receive

21  at his or her normal retirement age under the Florida

22  Retirement System, attributable only to creditable service

23  after December 1, 1970, as a cooperative extension employee of

24  the institute, excluding any past or prior service credit, had

25  such employee been a member of the Florida Retirement System;

26  plus

27         (b)  An amount equal to the primary insurance amount

28  that the individual employee would have been entitled to

29  receive under social security at age 62 had he or she been

30  covered for such employment, such amount to be computed in

31  accordance with the Social Security Act only with respect to


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 1  employment as a cooperative extension employee of the

 2  institute after December 1, 1970.

 3         (6)  PAYMENT OF SUPPLEMENT.--Any participant who

 4  retires on or after January 1, 1985, from the federal Civil

 5  Service Retirement System as a cooperative extension employee

 6  of the institute at the University of Florida and who

 7  satisfies all of the eligibility criteria specified in

 8  subsection (4) shall be entitled to receive a supplemental

 9  benefit under this program computed in accordance with

10  subsection (5), to begin July 1, 1985, or the month of

11  retirement, or the month in which the participant becomes age

12  62, whichever is later.  Upon application to the

13  administrator, the participant shall receive a monthly

14  supplemental benefit which shall commence on the last day of

15  the month of retirement and shall be payable on the last day

16  of the month thereafter during his or her lifetime. A

17  participant may have federal income tax and health insurance

18  premiums deducted from his or her monthly supplemental benefit

19  in the same manner as provided in s. 121.091(14)(a) and (b)

20  for monthly retirement benefits under the Florida Retirement

21  System.

22         (7)  OPTIONAL FORMS OF SUPPLEMENTAL RETIREMENT

23  BENEFITS.--Prior to the receipt of the first monthly

24  supplemental retirement payment under this program, a

25  participant shall elect to receive the supplemental retirement

26  benefits to which he or she is entitled under subsection (6)

27  in accordance with s. 121.091(6).

28         (8)  DEATH BENEFITS.--

29         (a)  If the employment of a participant of this program

30  is terminated by reason of his or her death subsequent to the

31  completion of 10 years of creditable service with the


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 1  institute but prior to his or her actual retirement, such

 2  10-year period having commenced on or after December 1, 1970,

 3  it shall be assumed that the participant had met all of the

 4  eligibility requirements under this section and had retired

 5  from the federal Civil Service Retirement System and under

 6  this section as of the date of death, having elected, in

 7  accordance with subsection (7), the optional form of

 8  supplemental payment most favorable to his or her beneficiary,

 9  as determined by the administrator.  The monthly supplemental

10  benefit provided in this paragraph shall be paid to the

11  participant's beneficiary (spouse or other financial

12  dependent) upon such beneficiary's attaining the age of 62 and

13  shall be paid thereafter for the beneficiary's lifetime.

14         (b)  If a participant of this program dies subsequent

15  to his or her actual retirement under the federal Civil

16  Service Retirement System but prior to attaining age 62, and

17  such participant was otherwise eligible for supplemental

18  benefits under this section, it shall be assumed that the

19  participant had met all of the eligibility requirements under

20  this section and had retired as of the date of death, having

21  elected, in accordance with subsection (7), the optional form

22  of supplemental payment most favorable to his or her

23  beneficiary, as determined by the administrator.  The monthly

24  supplemental benefit provided in this paragraph shall be paid

25  to the participant's beneficiary (spouse or other financial

26  dependent) upon such beneficiary's attaining the age of 62 and

27  shall be paid thereafter for the beneficiary's lifetime.

28         (9)  DESIGNATION OF BENEFICIARIES.--Each participant of

29  this program may designate beneficiaries in accordance with s.

30  121.091(8).

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 1         (10)  COST-OF-LIVING ADJUSTMENT OF SUPPLEMENTAL

 2  BENEFITS.--On each July 1, the supplemental benefit of each

 3  retired participant of this program and each annuitant thereof

 4  shall be adjusted as provided in s. 121.101.

 5         (11)  EMPLOYMENT AFTER RETIREMENT: LIMITATION.--Any

 6  person who is receiving a supplemental retirement benefit

 7  under this program section may be reemployed by any private or

 8  public employer after retirement and receive supplemental

 9  retirement benefits pursuant to this section and compensation

10  from his or her employer, without any limitations.  However,

11  if a retired participant who is receiving a supplemental

12  retirement benefit under this section is reemployed at the

13  institute in a position as a cooperative extension employee of

14  the institute, he or she shall forfeit all rights to

15  supplemental retirement benefits in accordance with the

16  eligibility provisions of paragraph (4)(e).

17         (12)  CONTRIBUTIONS.--

18         (a)  For the purpose purposes of funding the

19  supplemental benefits provided by this section, the institute

20  is authorized and required to pay, commencing July 1, 1985,

21  the necessary monthly contributions from its appropriated

22  budget. These amounts shall be paid into the Florida

23  Retirement System Institute of Food and Agricultural Sciences

24  Supplemental Retirement Trust Fund, which is hereby created.

25         (b)  The monthly contributions required to be paid

26  pursuant to paragraph (a) on the gross monthly salaries, from

27  all sources with respect to such employment, paid to those

28  employees of the institute who hold both state and federal

29  appointments and who participate in the federal Civil Service

30  Retirement System shall be as follows:

31  


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    2007 Legislature                 CS for SB 1488, 1st Engrossed



 1  Dates of Contribution                              Percentage

 2    Rate Changes                                        Due

 3  July 1, 1985, through December 31, 1988              6.68%

 4  January 1, 1989, through December 31, 1993           6.35%

 5  January 1, 1994, through December 31, 1994           6.69%

 6  January 1, 1995, through June 30, 1996               6.82%

 7  July 1, 1996, through June 30, 1998                  5.64%

 8  July 1, 1998, through June 30, 2001                  7.17%

 9  July 1, 2001, through June 30, 2003                  6.96%

10  July 1, 2003, through June 30, 2005                  13.83%

11  Effective July 1, 2005, through June 30, 2007        20.23%

12  Effective July 1, 2007                               18.75%

13  

14         (13)  INVESTMENT OF THE TRUST FUND.--

15         (a)  The State Board of Administration shall invest and

16  reinvest available funds of the trust fund in accordance with

17  the provisions of ss. 215.44-215.53.  The board shall consider

18  investment techniques, such as contingent immunization or the

19  development of a dedicated portfolio, which are directed

20  toward developing minimum-risk procedures for supporting a

21  prescribed liability schedule.

22         (b)  Costs incurred in carrying out the provisions of

23  this section shall be deducted from the interest earnings

24  accruing to the trust fund.

25         (13)(14)  ADMINISTRATION OF PROGRAM SYSTEM.--

26         (a)  The department shall make such rules as are

27  necessary for the effective and efficient administration of

28  this program system.  The secretary of the department shall be

29  the administrator of the program system. The funds to pay the

30  expenses for such administration shall be appropriated from

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 1  the interest earned on investments made for the Florida

 2  Retirement System Trust Fund.

 3         (b)  The department may is authorized to require oaths,

 4  by affidavit or otherwise, and acknowledgments from persons in

 5  connection with the administration of its duties and

 6  responsibilities under this section.

 7         (c)  The administrator shall cause an actuarial study

 8  of the system to be made at least once every 2 years and shall

 9  report the results of such study to the next session of the

10  Legislature following completion of the study.

11         Section 4.  The Legislature finds that a proper and

12  legitimate state purpose is served when employees and retirees

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

14  dependents, survivors, and beneficiaries of such employees and

15  retirees, are extended the basic protections afforded by

16  governmental retirement systems that provide fair and adequate

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

18  actuarially sound manner, as required by Section 14, Article X

19  of the State Constitution and part VII of chapter 112 of the

20  Florida Statutes. Therefore, the Legislature determines and

21  declares that this act fulfills an important state interest.

22         Section 5.  This act shall take effect July 1, 2007.

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