Florida Senate - 2008 SB 2812
By Senator Wise
5-03776-08 20082812__
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A bill to be entitled
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An act relating to the Distinguished Educator Retirement
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Option Program; creating the Christy Williamson, Teacher
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of the Century, Act; providing definitions; requiring each
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school district to establish a Distinguished Educator
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Retirement Option Program that funds a tax-sheltered
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annuity or custodial account for each teacher qualifying
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as a distinguished educator; providing for funding from
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the Florida Education Finance Program; providing a
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declaration of important state interest; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Distinguished Educator Retirement Option
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Program.--
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(1) This section may be cited as the "Christy Williamson,
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Teacher of the Century, Act."
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(2) As used in this section, the term:
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(a) "Classroom teacher" means a classroom teacher as
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defined in s. 1012.01(2), Florida Statutes.
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(b) "Distinguished educator" means a classroom teacher who:
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1. Has been a classroom teacher for at least 3 years;
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2. Is in good standing with the local school district; and
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3. Has met the student learning gains requirements
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established by the Department of Education.
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(c) "Title I school" means a school that receives Title I
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funding under the federal No Child Left Behind Act.
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(3) Each school district shall implement and administer a
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Distinguished Educator Retirement Option Program that provides a
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tax-sheltered annuity or custodial account established pursuant
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to s. 403(b) of the Internal Revenue Code for each classroom
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teacher who is deemed to be a distinguished educator.
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(a) The school board shall pay an amount equal to 3.59
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percent of the distinguished educator's annual salary to an
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insurance company licensed to do business in this state; to a
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credit union, bank, or savings and loan association qualified to
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do business in Florida; or to a custodial account to be invested
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in regulated investment company stock to be held in the custodial
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account, as selected by the distinguished educator,
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notwithstanding any other provision of law, as premiums on an
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annuity contract issued in the name of the educator or as payment
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into a qualified custodial account established pursuant to s.
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403(b) of the Internal Revenue Code.
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(b) For a distinguished educator who teaches at a Title I
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school, the school board shall pay an additional amount equal to
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3.59 percent of the educator's annual salary in accordance with
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paragraph (a).
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(c) A distinguished educator may pay a matching amount to
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the same account established pursuant to paragraph (a)
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(d) The amount of the payments may not exceed the amount
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excludable from income under s. 403(b) of the Internal Revenue
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Code and shall be considered a part of the employee's salary for
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all purposes other than federal income taxation.
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(4) The purchase of a tax-sheltered annuity or other
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investment that qualifies under the Internal Revenue Code and
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that is not prohibited under the laws of this state for an
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employee imposes no liability or responsibility on the employing
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agency except to show that the payments have been remitted for
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the purposes for which they are deducted.
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(5) The Distinguished Educator Retirement Option Program
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shall be funded by the Florida Education Finance Program.
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Section 2. The Legislature finds and declares that a proper
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and legitimate state purpose is served when employees and
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retirees of the state and its political subdivisions, and the
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dependents, survivors, and beneficiaries of such employees and
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retirees, are extended the basic protections afforded by
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governmental retirement systems.
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Section 3. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.