| 1 | A bill to be entitled |
| 2 | An act relating to state retirement programs; amending s. |
| 3 | 121.051, F.S.; revising conditions for membership in the |
| 4 | State Community College System Optional Retirement |
| 5 | Program; amending s. 121.35, F.S.; revising conditions for |
| 6 | membership in the State University System Optional |
| 7 | Retirement Program; authorizing transfer of funds for |
| 8 | specified earned credit between the Florida Retirement |
| 9 | System and the optional retirement program; authorizing a |
| 10 | transfer of membership between the State University System |
| 11 | Optional Retirement Program and the Florida Retirement |
| 12 | System; providing for transfer of retirement |
| 13 | contributions, interest, and earnings; providing employees |
| 14 | with service credit upon transferring into a new program; |
| 15 | providing requirements for the calculation of service |
| 16 | credit; requiring employees to transfer funds upon moving |
| 17 | into a new program; amending s. 121.4501, F.S.; redefining |
| 18 | the term "eligible employee" for purposes of the Public |
| 19 | Employee Optional Retirement Program; revising conditions |
| 20 | for participation in the Public Employee Optional |
| 21 | Retirement Program; providing an effective date. |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
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| 25 | Section 1. Paragraph (c) of subsection (2) of section |
| 26 | 121.051, Florida Statutes, is amended to read: |
| 27 | 121.051 Participation in the system.-- |
| 28 | (2) OPTIONAL PARTICIPATION.-- |
| 29 | (c) Employees of public community colleges or charter |
| 30 | technical career centers sponsored by public community colleges, |
| 31 | as designated in s. 1000.21(3), who are members of the Regular |
| 32 | Class of the Florida Retirement System and who comply with the |
| 33 | criteria set forth in this paragraph and in s. 1012.875 may |
| 34 | elect, in lieu of participating in the Florida Retirement |
| 35 | System, to withdraw from the Florida Retirement System |
| 36 | altogether and participate in an optional retirement program |
| 37 | provided by the employing agency under s. 1012.875, to be known |
| 38 | as the State Community College System Optional Retirement |
| 39 | Program. Pursuant thereto: |
| 40 | 1. Through June 30, 2001, the cost to the employer for |
| 41 | such annuity shall equal the normal cost portion of the employer |
| 42 | retirement contribution which would be required if the employee |
| 43 | were a member of the Regular Class defined benefit program, plus |
| 44 | the portion of the contribution rate required by s. 112.363(8) |
| 45 | that would otherwise be assigned to the Retiree Health Insurance |
| 46 | Subsidy Trust Fund. Effective July 1, 2001, each employer shall |
| 47 | contribute on behalf of each participant in the optional program |
| 48 | an amount equal to 10.43 percent of the participant's gross |
| 49 | monthly compensation. The employer shall deduct an amount to |
| 50 | provide for the administration of the optional retirement |
| 51 | program. The employer providing the optional program shall |
| 52 | contribute an additional amount to the Florida Retirement System |
| 53 | Trust Fund equal to the unfunded actuarial accrued liability |
| 54 | portion of the Regular Class contribution rate. |
| 55 | 2. The decision to participate in such an optional |
| 56 | retirement program shall be irrevocable for as long as the |
| 57 | employee holds a position eligible for participation, except as |
| 58 | provided in subparagraph 3. Any service creditable under the |
| 59 | Florida Retirement System shall be retained after the member |
| 60 | withdraws from the Florida Retirement System; however, |
| 61 | additional service credit in the Florida Retirement System shall |
| 62 | not be earned while a member of the optional retirement program. |
| 63 | 3. An employee who has elected to participate in the |
| 64 | optional retirement program shall have one opportunity, at the |
| 65 | employee's discretion, to choose to transfer from the optional |
| 66 | retirement program to the defined benefit program of the Florida |
| 67 | Retirement System or to the Public Employee Optional Retirement |
| 68 | Program, subject to the terms of the applicable optional |
| 69 | retirement program contracts. |
| 70 | a. If the employee chooses to move to the Public Employee |
| 71 | Optional Retirement Program, any contributions, interest, and |
| 72 | earnings creditable to the employee under the State Community |
| 73 | College System Optional Retirement Program shall be retained by |
| 74 | the employee in the State Community College System Optional |
| 75 | Retirement Program, and the applicable provisions of s. |
| 76 | 121.4501(4) shall govern the election. |
| 77 | b. If the employee chooses to move to the defined benefit |
| 78 | program of the Florida Retirement System, the employee shall |
| 79 | receive service credit equal to his or her years of service |
| 80 | under the State Community College Optional Retirement Program. |
| 81 | (I) The cost for such credit shall be an amount |
| 82 | representing the present value of that employee's accumulated |
| 83 | benefit obligation for the affected period of service. The cost |
| 84 | shall be calculated as if the benefit commencement occurs on the |
| 85 | first date the employee would become eligible for unreduced |
| 86 | benefits, using the discount rate and other relevant actuarial |
| 87 | assumptions that were used to value the Florida Retirement |
| 88 | System defined benefit plan liabilities in the most recent |
| 89 | actuarial valuation. The calculation shall include any service |
| 90 | already maintained under the defined benefit plan in addition to |
| 91 | the years under the State Community College Optional Retirement |
| 92 | Program. The present value of any service already maintained |
| 93 | under the defined benefit plan shall be applied as a credit to |
| 94 | total cost resulting from the calculation. The division shall |
| 95 | ensure that the transfer sum is prepared using a formula and |
| 96 | methodology certified by an enrolled actuary. |
| 97 | (II) The employee must transfer from his or her State |
| 98 | Community College System Optional Retirement Program account and |
| 99 | from other employee moneys as necessary, a sum representing the |
| 100 | present value of that employee's accumulated benefit obligation |
| 101 | immediately following the time of such movement, determined |
| 102 | assuming that attained service equals the sum of service in the |
| 103 | defined benefit program and service in the State Community |
| 104 | College System Optional Retirement Program. |
| 105 | 4. Participation in the optional retirement program shall |
| 106 | be limited to those employees who satisfy the following |
| 107 | eligibility criteria: |
| 108 | a. The employee must be otherwise eligible for membership |
| 109 | or renewed membership in the Regular Class of the Florida |
| 110 | Retirement System, as provided in s. 121.021(11) and (12) or s. |
| 111 | 121.122. |
| 112 | b. The employee must be employed in a full-time position |
| 113 | classified in the Accounting Manual for Florida's Public |
| 114 | Community Colleges as: |
| 115 | (I) Instructional; or |
| 116 | (II) Executive Management, Instructional Management, or |
| 117 | Institutional Management, if a community college determines that |
| 118 | recruiting to fill a vacancy in the position is to be conducted |
| 119 | in the national or regional market, and: |
| 120 | (A) The duties and responsibilities of the position |
| 121 | include either the formulation, interpretation, or |
| 122 | implementation of policies; or |
| 123 | (B) The duties and responsibilities of the position |
| 124 | include the performance of functions that are unique or |
| 125 | specialized within higher education and that frequently involve |
| 126 | the support of the mission of the community college. |
| 127 | c. The employee must be employed in a position not |
| 128 | included in the Senior Management Service Class of the Florida |
| 129 | Retirement System, as described in s. 121.055. |
| 130 | 5. Participants in the program are subject to the same |
| 131 | reemployment limitations, renewed membership provisions, and |
| 132 | forfeiture provisions as are applicable to regular members of |
| 133 | the Florida Retirement System under ss. 121.091(9), 121.122, and |
| 134 | 121.091(5), respectively. |
| 135 | 6. Eligible community college employees shall be |
| 136 | compulsory members of the Florida Retirement System until, |
| 137 | pursuant to the procedures set forth in s. 1012.875, a written |
| 138 | election to withdraw from the Florida Retirement System and to |
| 139 | participate in the State Community College Optional Retirement |
| 140 | Program is filed with the program administrator and received by |
| 141 | the division. |
| 142 | a. Any community college employee whose program |
| 143 | eligibility results from initial employment shall be enrolled in |
| 144 | the State Community College Optional Retirement Program |
| 145 | retroactive to the first day of eligible employment. The |
| 146 | employer retirement contributions paid through the month of the |
| 147 | employee plan change shall be transferred to the community |
| 148 | college for the employee's optional program account, and, |
| 149 | effective the first day of the next month, the employer shall |
| 150 | pay the applicable contributions based upon subparagraph 1. |
| 151 | b. Any community college employee whose program |
| 152 | eligibility results from a change in status due to the |
| 153 | subsequent designation of the employee's position as one of |
| 154 | those specified in subparagraph 4. or due to the employee's |
| 155 | appointment, promotion, transfer, or reclassification to a |
| 156 | position specified in subparagraph 4. shall be enrolled in the |
| 157 | program upon the first day of the first full calendar month that |
| 158 | such change in status becomes effective. The employer retirement |
| 159 | contributions paid from the effective date through the month of |
| 160 | the employee plan change shall be transferred to the community |
| 161 | college for the employee's optional program account, and, |
| 162 | effective the first day of the next month, the employer shall |
| 163 | pay the applicable contributions based upon subparagraph 1. |
| 164 | 7. Effective July 1, 2003, through December 31, 2008, any |
| 165 | participant of the State Community College Optional Retirement |
| 166 | Program who has service credit in the defined benefit plan of |
| 167 | the Florida Retirement System for the period between his or her |
| 168 | first eligibility to transfer from the defined benefit plan to |
| 169 | the optional retirement program and the actual date of transfer |
| 170 | may, during his or her employment, elect to transfer to the |
| 171 | optional retirement program a sum representing the present value |
| 172 | of the accumulated benefit obligation under the defined benefit |
| 173 | retirement program for such period of service credit. Upon such |
| 174 | transfer, all such service credit previously earned under the |
| 175 | defined benefit program of the Florida Retirement System during |
| 176 | this period shall be nullified for purposes of entitlement to a |
| 177 | future benefit under the defined benefit program of the Florida |
| 178 | Retirement System. |
| 179 | Section 2. Paragraph (a) of subsection (2) and paragraphs |
| 180 | (e) and (g) of subsection (3) of section 121.35, Florida |
| 181 | Statutes, are amended, and paragraph (i) is added to subsection |
| 182 | (3) of that section, to read: |
| 183 | 121.35 Optional retirement program for the State |
| 184 | University System.-- |
| 185 | (2) ELIGIBILITY FOR PARTICIPATION IN OPTIONAL PROGRAM.-- |
| 186 | (a) Participation in the optional retirement program |
| 187 | provided by this section shall be limited to persons who are |
| 188 | otherwise eligible for membership or renewed membership in the |
| 189 | Florida Retirement System and who are employed in one of the |
| 190 | following State University System positions: |
| 191 | 1. Positions classified as instructional and research |
| 192 | faculty which are exempt from the career service under the |
| 193 | provisions of s. 110.205(2)(d). |
| 194 | 2. Positions classified as administrative and professional |
| 195 | which are exempt from the career service under the provisions of |
| 196 | s. 110.205(2)(d). |
| 197 | 3. The Chancellor and the university presidents. |
| 198 | (3) ELECTION OF OPTIONAL PROGRAM.-- |
| 199 | (e) The election by an eligible employee to participate in |
| 200 | the optional retirement program shall be irrevocable for so long |
| 201 | as the employee continues to meet the eligibility requirements |
| 202 | specified in subsection (2), except as provided in paragraph (h) |
| 203 | or paragraph (i). In the event that an employee participates in |
| 204 | the optional retirement program for 90 days or more and is |
| 205 | subsequently employed in an administrative or professional |
| 206 | position which has been determined by the department, under |
| 207 | subparagraph (2)(a)2., to be not otherwise eligible for |
| 208 | participation in the optional retirement program, the employee |
| 209 | shall continue participation in the optional program so long as |
| 210 | the employee meets the other eligibility requirements for the |
| 211 | program, except as provided in paragraph (h) or paragraph (i). |
| 212 | (g) An eligible employee who is a member of the Florida |
| 213 | Retirement System at the time of election to participate in the |
| 214 | optional retirement program shall retain all retirement service |
| 215 | credit earned under the Florida Retirement System, at the rate |
| 216 | earned. No additional service credit in the Florida Retirement |
| 217 | System shall be earned while the employee participates in the |
| 218 | optional program, nor shall the employee be eligible for |
| 219 | disability retirement under the Florida Retirement System. An |
| 220 | eligible employee may transfer from the Florida Retirement |
| 221 | System to his or her accounts under the State University System |
| 222 | Optional Retirement Program a sum representing the present value |
| 223 | of the employee's accumulated benefit obligation under the |
| 224 | defined benefit program of the Florida Retirement System for any |
| 225 | service credit accrued from the employee's first eligible |
| 226 | transfer date to the optional retirement program through the |
| 227 | actual date of such transfer, if such service credit was earned |
| 228 | in the period from July 1, 1984, through December 31, 1992. The |
| 229 | present value of the employee's accumulated benefit obligation |
| 230 | shall be calculated as described in s. 121.4501(3)(c)2. Upon |
| 231 | such transfer, all such service credit previously earned under |
| 232 | the defined benefit program of the Florida Retirement System |
| 233 | during this period shall be nullified for purposes of |
| 234 | entitlement to a future benefit under the defined benefit |
| 235 | program of the Florida Retirement System. |
| 236 | (i) Effective January 1, 2008, through December 31, 2008, |
| 237 | except for an employee who is a mandatory participant of the |
| 238 | State University System Optional Retirement Program, an employee |
| 239 | who has elected to participate in the State University System |
| 240 | Optional Retirement Program shall have one opportunity, at the |
| 241 | employee's discretion, to choose to transfer from this program |
| 242 | to the defined benefit program of the Florida Retirement System |
| 243 | or to the Public Employee Optional Retirement Program, subject |
| 244 | to the terms of the applicable contracts of the State University |
| 245 | System Optional Retirement Program. |
| 246 | 1. If the employee chooses to move to the Public Employee |
| 247 | Optional Retirement Program, any contributions, interest, and |
| 248 | earnings creditable to the employee under the State University |
| 249 | System Optional Retirement Program shall be retained by the |
| 250 | employee in the State University System Optional Retirement |
| 251 | Program, and the applicable provisions of s. 121.4501(4) shall |
| 252 | govern the election. |
| 253 | 2. If the employee chooses to move to the defined benefit |
| 254 | program of the Florida Retirement System, the employee shall |
| 255 | receive service credit equal to his or her years of service |
| 256 | under the State University System Optional Retirement Program. |
| 257 | a. The cost for such credit shall be an amount |
| 258 | representing the actuarial accrued liability for the affected |
| 259 | period of service. The cost shall be calculated using the |
| 260 | discount rate and other relevant actuarial assumptions that were |
| 261 | used to value the Florida Retirement System defined benefit plan |
| 262 | liabilities in the most recent actuarial valuation. The |
| 263 | calculation shall include any service already maintained under |
| 264 | the defined benefit plan in addition to the years under the |
| 265 | State University System Optional Retirement Program. The |
| 266 | actuarial accrued liability of any service already maintained |
| 267 | under the defined benefit plan shall be applied as a credit to |
| 268 | the total cost resulting from the calculation. The division |
| 269 | shall ensure that the transfer sum is prepared using a formula |
| 270 | and methodology certified by an enrolled actuary. |
| 271 | b. The employee must transfer from his or her State |
| 272 | University System Optional Retirement Program account, and from |
| 273 | other employee moneys as necessary, a sum representing the |
| 274 | actuarial accrued liability immediately following the time of |
| 275 | such movement, determined assuming that attained service equals |
| 276 | the sum of service in the defined benefit program and service in |
| 277 | the State University System Optional Retirement Program. |
| 278 | Section 3. Paragraph (f) of subsection (2) and paragraph |
| 279 | (a) of subsection (4) of section 121.4501, Florida Statutes, are |
| 280 | amended to read: |
| 281 | 121.4501 Public Employee Optional Retirement Program.-- |
| 282 | (2) DEFINITIONS.--As used in this part, the term: |
| 283 | (f) "Eligible employee" means an officer or employee, as |
| 284 | defined in s. 121.021(11), who: |
| 285 | 1. Is a member of, or is eligible for membership in, the |
| 286 | Florida Retirement System, including any renewed member of the |
| 287 | Florida Retirement System; or |
| 288 | 2. Participates in, or is eligible to participate in, the |
| 289 | Senior Management Service Optional Annuity Program as |
| 290 | established under s. 121.055(6), or the State Community College |
| 291 | Optional Retirement Program as established under s. |
| 292 | 121.051(2)(c),; or |
| 293 | 3. Is eligible to participate in, but does not participate |
| 294 | in, the State University System Optional Retirement Program |
| 295 | established under s. 121.35. |
| 296 |
|
| 297 | The term does not include any member participating in the |
| 298 | Deferred Retirement Option Program established under s. |
| 299 | 121.091(13) or a mandatory participant of the State University |
| 300 | System Optional Retirement Program or any employee participating |
| 301 | in an optional retirement program established under s. 121.35. |
| 302 | (4) PARTICIPATION; ENROLLMENT.-- |
| 303 | (a)1. With respect to an eligible employee who is employed |
| 304 | in a regularly established position on June 1, 2002, by a state |
| 305 | employer: |
| 306 | a. Any such employee may elect to participate in the |
| 307 | Public Employee Optional Retirement Program in lieu of retaining |
| 308 | his or her membership in the defined benefit program of the |
| 309 | Florida Retirement System. The election must be made in writing |
| 310 | or by electronic means and must be filed with the third-party |
| 311 | administrator by August 31, 2002, or, in the case of an active |
| 312 | employee who is on a leave of absence on April 1, 2002, by the |
| 313 | last business day of the 5th month following the month the leave |
| 314 | of absence concludes. This election is irrevocable, except as |
| 315 | provided in paragraph (e). Upon making such election, the |
| 316 | employee shall be enrolled as a participant of the Public |
| 317 | Employee Optional Retirement Program, the employee's membership |
| 318 | in the Florida Retirement System shall be governed by the |
| 319 | provisions of this part, and the employee's membership in the |
| 320 | defined benefit program of the Florida Retirement System shall |
| 321 | terminate. The employee's enrollment in the Public Employee |
| 322 | Optional Retirement Program shall be effective the first day of |
| 323 | the month for which a full month's employer contribution is made |
| 324 | to the optional program. |
| 325 | b. Any such employee who fails to elect to participate in |
| 326 | the Public Employee Optional Retirement Program within the |
| 327 | prescribed time period is deemed to have elected to retain |
| 328 | membership in the defined benefit program of the Florida |
| 329 | Retirement System, and the employee's option to elect to |
| 330 | participate in the optional program is forfeited. |
| 331 | 2. With respect to employees who become eligible to |
| 332 | participate in the Public Employee Optional Retirement Program |
| 333 | by reason of employment in a regularly established position with |
| 334 | a state employer commencing after April 1, 2002: |
| 335 | a. Any such employee shall, by default, be enrolled in the |
| 336 | defined benefit retirement program of the Florida Retirement |
| 337 | System at the commencement of employment, and may, by the last |
| 338 | business day of the 5th month following the employee's month of |
| 339 | hire, elect to participate in the Public Employee Optional |
| 340 | Retirement Program. The employee's election must be made in |
| 341 | writing or by electronic means and must be filed with the third- |
| 342 | party administrator. The election to participate in the optional |
| 343 | program is irrevocable, except as provided in paragraph (e). |
| 344 | b. If the employee files such election within the |
| 345 | prescribed time period, enrollment in the optional program shall |
| 346 | be effective on the first day of employment. The employer |
| 347 | retirement contributions paid through the month of the employee |
| 348 | plan change shall be transferred to the optional program, and, |
| 349 | effective the first day of the next month, the employer shall |
| 350 | pay the applicable contributions based on the employee |
| 351 | membership class in the optional program. |
| 352 | c. Any such employee who fails to elect to participate in |
| 353 | the Public Employee Optional Retirement Program within the |
| 354 | prescribed time period is deemed to have elected to retain |
| 355 | membership in the defined benefit program of the Florida |
| 356 | Retirement System, and the employee's option to elect to |
| 357 | participate in the optional program is forfeited. |
| 358 | 3. With respect to employees who become eligible to |
| 359 | participate in the Public Employee Optional Retirement Program |
| 360 | pursuant to s. 121.051(2)(c)3. or s. 121.35(3)(i), any such |
| 361 | employee may elect to participate in the Public Employee |
| 362 | Optional Retirement Program in lieu of retaining his or her |
| 363 | participation in the State Community College Optional Retirement |
| 364 | Program or the State University System Optional Retirement |
| 365 | Program. The election must be made in writing or by electronic |
| 366 | means and must be filed with the third-party administrator. This |
| 367 | election is irrevocable, except as provided in paragraph (e). |
| 368 | Upon making such election, the employee shall be enrolled as a |
| 369 | participant of the Public Employee Optional Retirement Program, |
| 370 | the employee's membership in the Florida Retirement System shall |
| 371 | be governed by the provisions of this part, and the employee's |
| 372 | participation in the State Community College Optional Retirement |
| 373 | Program or the State University System Optional Retirement |
| 374 | Program shall terminate. The employee's enrollment in the Public |
| 375 | Employee Optional Retirement Program shall be effective the |
| 376 | first day of the month for which a full month's employer |
| 377 | contribution is made to the optional program. |
| 378 | 4. For purposes of this paragraph, "state employer" means |
| 379 | any agency, board, branch, commission, community college, |
| 380 | department, institution, institution of higher education, or |
| 381 | water management district of the state, which participates in |
| 382 | the Florida Retirement System for the benefit of certain |
| 383 | employees. |
| 384 | Section 4. This act shall take effect July 1, 2007. |