Senate Bill sb0420

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    Florida Senate - 2007                                   SB 420

    By Senator Lawson





    6-206-07

  1                      A bill to be entitled

  2         An act relating to state retirement programs;

  3         amending s. 121.051, F.S.; revising conditions

  4         for membership in the State Community College

  5         System Optional Retirement Program; amending s.

  6         121.35, F.S.; revising conditions for

  7         membership in the State University System

  8         Optional Retirement Program; authorizing

  9         transfer of funds for specified earned credit

10         between the Florida Retirement System and such

11         optional retirement program; authorizing a

12         transfer of membership between the State

13         University System Optional Retirement Program

14         and the Florida Retirement System; amending s.

15         121.4501, F.S.; redefining the term "eligible

16         employee" for purposes of the Public Employee

17         Optional Retirement Program; revising

18         conditions for participation in the Public

19         Employee Optional Retirement Program; providing

20         an effective date.

21  

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

23  

24         Section 1.  Paragraph (c) of subsection (2) of section

25  121.051, Florida Statutes, is amended to read:

26         121.051  Participation in the system.--

27         (2)  OPTIONAL PARTICIPATION.--

28         (c)  Employees of public community colleges or charter

29  technical career centers sponsored by public community

30  colleges, as designated in s. 1000.21(3), who are members of

31  the Regular Class of the Florida Retirement System and who

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 1  comply with the criteria set forth in this paragraph and in s.

 2  1012.875 may elect, in lieu of participating in the Florida

 3  Retirement System, to withdraw from the Florida Retirement

 4  System altogether and participate in an optional retirement

 5  program provided by the employing agency under s. 1012.875, to

 6  be known as the State Community College System Optional

 7  Retirement Program. Pursuant thereto:

 8         1.  Through June 30, 2001, the cost to the employer for

 9  such annuity shall equal the normal cost portion of the

10  employer retirement contribution which would be required if

11  the employee were a member of the Regular Class defined

12  benefit program, plus the portion of the contribution rate

13  required by s. 112.363(8) that would otherwise be assigned to

14  the Retiree Health Insurance Subsidy Trust Fund. Effective

15  July 1, 2001, each employer shall contribute on behalf of each

16  participant in the optional program an amount equal to 10.43

17  percent of the participant's gross monthly compensation. The

18  employer shall deduct an amount to provide for the

19  administration of the optional retirement program. The

20  employer providing the optional program shall contribute an

21  additional amount to the Florida Retirement System Trust Fund

22  equal to the unfunded actuarial accrued liability portion of

23  the Regular Class contribution rate.

24         2.  The decision to participate in such an optional

25  retirement program shall be irrevocable for as long as the

26  employee holds a position eligible for participation, except

27  as provided in subparagraph 3. Any service creditable under

28  the Florida Retirement System shall be retained after the

29  member withdraws from the Florida Retirement System; however,

30  additional service credit in the Florida Retirement System

31  

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 1  shall not be earned while a member of the optional retirement

 2  program.

 3         3.  An employee who has elected to participate in the

 4  optional retirement program shall have one opportunity, at the

 5  employee's discretion, to choose to transfer from the optional

 6  retirement program to the defined benefit program of the

 7  Florida Retirement System or to the Public Employee Optional

 8  Retirement Program, subject to the terms of the applicable

 9  optional retirement program contracts.

10         a.  If the employee chooses to move to the Public

11  Employee Optional Retirement Program, any contributions,

12  interest, and earnings creditable to the employee under the

13  State Community College System Optional Retirement Program

14  shall be retained by the employee in the State Community

15  College System Optional Retirement Program, and the applicable

16  provisions of s. 121.4501(4) shall govern the election.

17         b.  If the employee chooses to move to the defined

18  benefit program of the Florida Retirement System, the employee

19  shall receive service credit equal to his or her years of

20  service under the State Community College Optional Retirement

21  Program.

22         (I)  The cost for such credit shall be an amount

23  representing the present value of that employee's accumulated

24  benefit obligation for the affected period of service. The

25  cost shall be calculated as if the benefit commencement occurs

26  on the first date the employee would become eligible for

27  unreduced benefits, using the discount rate and other relevant

28  actuarial assumptions that were used to value the Florida

29  Retirement System defined benefit plan liabilities in the most

30  recent actuarial valuation. The calculation shall include any

31  service already maintained under the defined benefit plan in

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    Florida Senate - 2007                                   SB 420
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 1  addition to the years under the State Community College

 2  Optional Retirement Program. The present value of any service

 3  already maintained under the defined benefit plan shall be

 4  applied as a credit to total cost resulting from the

 5  calculation. The division shall ensure that the transfer sum

 6  is prepared using a formula and methodology certified by an

 7  enrolled actuary.

 8         (II)  The employee must transfer from his or her State

 9  Community College System Optional Retirement Program account

10  and from other employee moneys as necessary, a sum

11  representing the present value of that employee's accumulated

12  benefit obligation immediately following the time of such

13  movement, determined assuming that attained service equals the

14  sum of service in the defined benefit program and service in

15  the State Community College System Optional Retirement

16  Program.

17         4.  Participation in the optional retirement program

18  shall be limited to those employees who satisfy the following

19  eligibility criteria:

20         a.  The employee must be otherwise eligible for

21  membership or renewed membership in the Regular Class of the

22  Florida Retirement System, as provided in s. 121.021(11) and

23  (12) or s. 121.122.

24         b.  The employee must be employed in a full-time

25  position classified in the Accounting Manual for Florida's

26  Public Community Colleges as:

27         (I)  Instructional; or

28         (II)  Executive Management, Instructional Management,

29  or Institutional Management, if a community college determines

30  that recruiting to fill a vacancy in the position is to be

31  conducted in the national or regional market, and:

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 1         (A)  The duties and responsibilities of the position

 2  include either the formulation, interpretation, or

 3  implementation of policies; or

 4         (B)  The duties and responsibilities of the position

 5  include the performance of functions that are unique or

 6  specialized within higher education and that frequently

 7  involve the support of the mission of the community college.

 8         c.  The employee must be employed in a position not

 9  included in the Senior Management Service Class of the Florida

10  Retirement System, as described in s. 121.055.

11         5.  Participants in the program are subject to the same

12  reemployment limitations, renewed membership provisions, and

13  forfeiture provisions as are applicable to regular members of

14  the Florida Retirement System under ss. 121.091(9), 121.122,

15  and 121.091(5), respectively.

16         6.  Eligible community college employees shall be

17  compulsory members of the Florida Retirement System until,

18  pursuant to the procedures set forth in s. 1012.875, a written

19  election to withdraw from the Florida Retirement System and to

20  participate in the State Community College Optional Retirement

21  Program is filed with the program administrator and received

22  by the division.

23         a.  Any community college employee whose program

24  eligibility results from initial employment shall be enrolled

25  in the State Community College Optional Retirement Program

26  retroactive to the first day of eligible employment. The

27  employer retirement contributions paid through the month of

28  the employee plan change shall be transferred to the community

29  college for the employee's optional program account, and,

30  effective the first day of the next month, the employer shall

31  pay the applicable contributions based upon subparagraph 1.

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 1         b.  Any community college employee whose program

 2  eligibility results from a change in status due to the

 3  subsequent designation of the employee's position as one of

 4  those specified in subparagraph 4. or due to the employee's

 5  appointment, promotion, transfer, or reclassification to a

 6  position specified in subparagraph 4. shall be enrolled in the

 7  program upon the first day of the first full calendar month

 8  that such change in status becomes effective. The employer

 9  retirement contributions paid from the effective date through

10  the month of the employee plan change shall be transferred to

11  the community college for the employee's optional program

12  account, and, effective the first day of the next month, the

13  employer shall pay the applicable contributions based upon

14  subparagraph 1.

15         7.  Effective July 1, 2003, any participant of the

16  State Community College Optional Retirement Program who has

17  service credit in the defined benefit plan of the Florida

18  Retirement System for the period between his or her first

19  eligibility to transfer from the defined benefit plan to the

20  optional retirement program and the actual date of transfer

21  may, during his or her employment, elect to transfer to the

22  optional retirement program a sum representing the present

23  value of the accumulated benefit obligation under the defined

24  benefit retirement program for such period of service credit.

25  Upon such transfer, all such service credit previously earned

26  under the defined benefit program of the Florida Retirement

27  System during this period shall be nullified for purposes of

28  entitlement to a future benefit under the defined benefit

29  program of the Florida Retirement System.

30         Section 2.  Paragraph (a) of subsection (2) and

31  paragraphs (e) and (g) of subsection (3) of section 121.35,

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 1  Florida Statutes, are amended, and paragraph (i) is added to

 2  subsection (3), to read:

 3         121.35  Optional retirement program for the State

 4  University System.--

 5         (2)  ELIGIBILITY FOR PARTICIPATION IN OPTIONAL

 6  PROGRAM.--

 7         (a)  Participation in the optional retirement program

 8  provided by this section shall be limited to persons who are

 9  otherwise eligible for membership or renewed membership in the

10  Florida Retirement System and who are employed in one of the

11  following State University System positions:

12         1.  Positions classified as instructional and research

13  faculty which are exempt from the career service under the

14  provisions of s. 110.205(2)(d).

15         2.  Positions classified as administrative and

16  professional which are exempt from the career service under

17  the provisions of s. 110.205(2)(d).

18         3.  The Chancellor and the university presidents.

19         (3)  ELECTION OF OPTIONAL PROGRAM.--

20         (e)  The election by an eligible employee to

21  participate in the optional retirement program shall be

22  irrevocable for so long as the employee continues to meet the

23  eligibility requirements specified in subsection (2), except

24  as provided in paragraph (h) or paragraph (i). In the event

25  that an employee participates in the optional retirement

26  program for 90 days or more and is subsequently employed in an

27  administrative or professional position which has been

28  determined by the department, under subparagraph (2)(a)2., to

29  be not otherwise eligible for participation in the optional

30  retirement program, the employee shall continue participation

31  in the optional program so long as the employee meets the

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 1  other eligibility requirements for the program, except as

 2  provided in paragraph (h) or paragraph (i).

 3         (g)  An eligible employee who is a member of the

 4  Florida Retirement System at the time of election to

 5  participate in the optional retirement program shall retain

 6  all retirement service credit earned under the Florida

 7  Retirement System, at the rate earned.  No additional service

 8  credit in the Florida Retirement System shall be earned while

 9  the employee participates in the optional program, nor shall

10  the employee be eligible for disability retirement under the

11  Florida Retirement System. An eligible employee may transfer

12  from the Florida Retirement System to his or her accounts

13  under the State University System Optional Retirement Program

14  a sum representing the present value of the employee's

15  accumulated benefit obligation under the defined benefit

16  program of the Florida Retirement System for any service

17  credit accrued from the employee's first eligible transfer

18  date to the optional retirement program through the actual

19  date of such transfer, if such service credit was earned in

20  the period from July 1, 1984, through December 31, 1992. Upon

21  such transfer, all such service credit previously earned under

22  the defined benefit program of the Florida Retirement System

23  during this period shall be nullified for purposes of

24  entitlement to a future benefit under the defined benefit

25  program of the Florida Retirement System.

26         (i)  An employee who has elected to participate in the

27  State University System Optional Retirement Program shall have

28  one opportunity, at the employee's discretion, to choose to

29  transfer from this program to the defined benefit program of

30  the Florida Retirement System or to the Public Employee

31  Optional Retirement Program, subject to the terms of the

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 1  applicable contracts of the State University System Optional

 2  Retirement Program.

 3         1.  If the employee chooses to move to the Public

 4  Employee Optional Retirement Program, any contributions,

 5  interest, and earnings creditable to the employee under the

 6  State University System Optional Retirement Program shall be

 7  retained by the employee in the State University System

 8  Optional Retirement Program, and the applicable provisions of

 9  s. 121.4501(4) shall govern the election.

10         2.  If the employee chooses to move to the defined

11  benefit program of the Florida Retirement System, the employee

12  shall receive service credit equal to his or her years of

13  service under the State University System Optional Retirement

14  Program.

15         a.  The cost for such credit shall be an amount

16  representing the actuarial accrued liability for the affected

17  period of service. The cost shall be calculated as if the

18  benefit commencement occurs on the first date the employee

19  would become eligible for unreduced benefits, using the

20  discount rate and other relevant actuarial assumptions that

21  were used to value the Florida Retirement System defined

22  benefit plan liabilities in the most recent actuarial

23  valuation. The calculation shall include any service already

24  maintained under the defined benefit plan in addition to the

25  years under the State University System Optional Retirement

26  Program. The actuarial accrued liability of any service

27  already maintained under the defined benefit plan shall be

28  applied as a credit to total cost resulting from the

29  calculation. The division shall ensure that the transfer sum

30  is prepared using a formula and methodology certified by an

31  enrolled actuary.

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 1         b.  The employee must transfer from his or her State

 2  University System Optional Retirement Program account, and

 3  from other employee moneys as necessary, a sum representing

 4  the actuarial accrued liability immediately following the time

 5  of such movement, determined assuming that attained service

 6  equals the sum of service in the defined benefit program and

 7  service in the State University System Optional Retirement

 8  Program.

 9         Section 3.  Paragraph (f) of subsection (2) and

10  paragraph (a) of subsection (4) of section 121.4501, Florida

11  Statutes, are amended to read:

12         121.4501  Public Employee Optional Retirement

13  Program.--

14         (2)  DEFINITIONS.--As used in this part, the term:

15         (f)  "Eligible employee" means an officer or employee,

16  as defined in s. 121.021(11), who:

17         1.  Is a member of, or is eligible for membership in,

18  the Florida Retirement System, including any renewed member of

19  the Florida Retirement System; or

20         2.  Participates in, or is eligible to participate in,

21  the Senior Management Service Optional Annuity Program as

22  established under s. 121.055(6), or the State Community

23  College Optional Retirement Program as established under s.

24  121.051(2)(c),; or

25         3.  Is eligible to participate in, but does not

26  participate in, the State University System Optional

27  Retirement Program established under s. 121.35.

28  

29  The term does not include any member participating in the

30  Deferred Retirement Option Program established under s.

31  

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 1  121.091(13) or any employee participating in an optional

 2  retirement program established under s. 121.35.

 3         (4)  PARTICIPATION; ENROLLMENT.--

 4         (a)1.  With respect to an eligible employee who is

 5  employed in a regularly established position on June 1, 2002,

 6  by a state employer:

 7         a.  Any such employee may elect to participate in the

 8  Public Employee Optional Retirement Program in lieu of

 9  retaining his or her membership in the defined benefit program

10  of the Florida Retirement System. The election must be made in

11  writing or by electronic means and must be filed with the

12  third-party administrator by August 31, 2002, or, in the case

13  of an active employee who is on a leave of absence on April 1,

14  2002, by the last business day of the 5th month following the

15  month the leave of absence concludes. This election is

16  irrevocable, except as provided in paragraph (e). Upon making

17  such election, the employee shall be enrolled as a participant

18  of the Public Employee Optional Retirement Program, the

19  employee's membership in the Florida Retirement System shall

20  be governed by the provisions of this part, and the employee's

21  membership in the defined benefit program of the Florida

22  Retirement System shall terminate. The employee's enrollment

23  in the Public Employee Optional Retirement Program shall be

24  effective the first day of the month for which a full month's

25  employer contribution is made to the optional program.

26         b.  Any such employee who fails to elect to participate

27  in the Public Employee Optional Retirement Program within the

28  prescribed time period is deemed to have elected to retain

29  membership in the defined benefit program of the Florida

30  Retirement System, and the employee's option to elect to

31  participate in the optional program is forfeited.

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 1         2.  With respect to employees who become eligible to

 2  participate in the Public Employee Optional Retirement Program

 3  by reason of employment in a regularly established position

 4  with a state employer commencing after April 1, 2002:

 5         a.  Any such employee shall, by default, be enrolled in

 6  the defined benefit retirement program of the Florida

 7  Retirement System at the commencement of employment, and may,

 8  by the last business day of the 5th month following the

 9  employee's month of hire, elect to participate in the Public

10  Employee Optional Retirement Program. The employee's election

11  must be made in writing or by electronic means and must be

12  filed with the third-party administrator. The election to

13  participate in the optional program is irrevocable, except as

14  provided in paragraph (e).

15         b.  If the employee files such election within the

16  prescribed time period, enrollment in the optional program

17  shall be effective on the first day of employment. The

18  employer retirement contributions paid through the month of

19  the employee plan change shall be transferred to the optional

20  program, and, effective the first day of the next month, the

21  employer shall pay the applicable contributions based on the

22  employee membership class in the optional program.

23         c.  Any such employee who fails to elect to participate

24  in the Public Employee Optional Retirement Program within the

25  prescribed time period is deemed to have elected to retain

26  membership in the defined benefit program of the Florida

27  Retirement System, and the employee's option to elect to

28  participate in the optional program is forfeited.

29         3.  With respect to employees who become eligible to

30  participate in the Public Employee Optional Retirement Program

31  pursuant to s. 121.051(2)(c)3. or s. 121.35(3)(i), any such

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 1  employee may elect to participate in the Public Employee

 2  Optional Retirement Program in lieu of retaining his or her

 3  participation in the State Community College Optional

 4  Retirement Program or the State University System Optional

 5  Retirement Program. The election must be made in writing or by

 6  electronic means and must be filed with the third-party

 7  administrator. This election is irrevocable, except as

 8  provided in paragraph (e). Upon making such election, the

 9  employee shall be enrolled as a participant of the Public

10  Employee Optional Retirement Program, the employee's

11  membership in the Florida Retirement System shall be governed

12  by the provisions of this part, and the employee's

13  participation in the State Community College Optional

14  Retirement Program or the State University System Optional

15  Retirement Program shall terminate. The employee's enrollment

16  in the Public Employee Optional Retirement Program shall be

17  effective the first day of the month for which a full month's

18  employer contribution is made to the optional program.

19         4.  For purposes of this paragraph, "state employer"

20  means any agency, board, branch, commission, community

21  college, department, institution, institution of higher

22  education, or water management district of the state, which

23  participates in the Florida Retirement System for the benefit

24  of certain employees.

25         Section 4.  This act shall take effect July 1, 2007.

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

 2                          SENATE SUMMARY

 3    Provides that a person employed by a community college or
      a state university and eligible for renewed membership in
 4    the Florida Retirement System may participate in the
      respective optional retirement program applicable to his
 5    or her employing institution. Allows an employee
      participating in the State University System Optional
 6    Retirement Program one opportunity to transfer to the
      Florida Retirement System. Authorizes an employee to
 7    transfer funds from an existing Florida Retirement System
      account to his or her State University System Optional
 8    Retirement Program account. Redefines the term "eligible
      employee" for purposes of the Public Employee Optional
 9    Retirement Program and provides for transfer to such
      program from the State University System Optional
10    Retirement Program.

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