Amendment
Bill No. CS/HB 531

Amendment No. 594931

CHAMBER ACTION
Senate		House
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1	Representative McKeel offered the following:
2
3	Amendment (with title amendment)
4	Between lines 113 and 114, insert:
5	Section 2.  Paragraph (b) of subsection (22) of section
6	121.021, Florida Statutes, is amended to read:
7	121.021  Definitions.--The following words and phrases as
8	used in this chapter have the respective meanings set forth
9	unless a different meaning is plainly required by the context:
10	(22)  "Compensation" means the monthly salary paid a member
11	by his or her employer for work performed arising from that
12	employment.
13	(b)  Under no circumstances shall compensation for a member
14	participating in the defined benefit retirement program or the
15	Public Employee Optional Retirement Program of the Florida
16	Retirement System include:
17	1.  Fees paid professional persons for special or
18	particular services or include salary payments made from a
19	faculty practice plan authorized by the Board of Governors of
20	the State University System for eligible clinical faculty at a
21	college in a state university that has with a faculty practice
22	plan; or
23	2.  Any bonuses or other payments prohibited from inclusion
24	in the member's average final compensation and defined in
25	subsection (47).
26	Section 3.  Paragraph (a) of subsection (1) of section
27	121.051, Florida Statutes, is amended to read:
28	121.051  Participation in the system.--
29	(1)  COMPULSORY PARTICIPATION.--
30	(a)  The provisions of this law shall be compulsory as to
31	all officers and employees, except elected officers who meet the
32	requirements of s. 121.052(3), who are employed on or after
33	December 1, 1970, of an employer other than those referred to in
34	paragraph (2)(b), and each officer or employee, as a condition
35	of employment, shall become a member of the system as of his or
36	her date of employment, except that a person who is retired from
37	any state retirement system and is reemployed on or after
38	December 1, 1970, may shall not be permitted to renew his or her
39	membership in any state retirement system except as provided in
40	s. 121.091(4)(h) for a person who recovers from disability, and
41	as provided in s. 121.091(9)(b)8. for a person who is elected to
42	public office, and, effective July 1, 1991, as provided in s.
43	121.122 for all other retirees. Officers and employees of the
44	University Athletic Association, Inc., a nonprofit association
45	connected with the University of Florida, employed on and after
46	July 1, 1979, shall not participate in any state-supported
47	retirement system.
48	1.a.  Any person appointed on or after July 1, 1989, to a
49	faculty position in a college at the J. Hillis Miller Health
50	Center at the University of Florida or the Medical Center at the
51	University of South Florida which has a faculty practice plan
52	provided by rule adopted by the Board of Regents may shall not
53	participate in the Florida Retirement System. Effective July 1,
54	2008, any person appointed thereafter to a faculty position,
55	including clinical faculty, in a college at a state university
56	that has a faculty practice plan authorized by the Board of
57	Governors may not participate in the Florida Retirement System.
58	A faculty member so appointed shall participate in the optional
59	retirement program for the State University System on the basis
60	of his or her state-funded compensation, notwithstanding the
61	provisions of s. 121.35(2)(a).
62	b.  For purposes of this subparagraph, the term "faculty
63	position" is defined as a position assigned the principal
64	responsibility of teaching, research, or public service
65	activities or administrative responsibility directly related to
66	the academic mission of the college. The term "clinical faculty"
67	is defined as a faculty position appointment in conjunction with
68	a professional position in a hospital or other clinical
69	environment at a college. The term "faculty practice plan"
70	includes professional services to patients, institutions, or
71	other parties which are rendered by the clinical faculty employed
72	by a college that has a faculty practice plan at a state
73	university authorized by the Board of Governors.
74	Section 4.  Paragraph (a) of subsection (4) of section
75	121.35, Florida Statutes, is amended, and paragraph (g) is added
76	to that subsection, to read:
77	121.35  Optional retirement program for the State
78	University System.--
79	(4)  CONTRIBUTIONS.--
80	(a)  Through June 30, 2001, each employer shall contribute
81	on behalf of each participant in the optional retirement program
82	an amount equal to the normal cost portion of the employer
83	retirement contribution which would be required if the
84	participant were a regular member of the Florida Retirement
85	System defined benefit program, plus the portion of the
86	contribution rate required in s. 112.363(8) that would otherwise
87	be assigned to the Retiree Health Insurance Subsidy Trust Fund.
88	Effective July 1, 2001, each employer shall contribute on behalf
89	of each participant in the optional program an amount equal to
90	10.43 percent of the participant's gross monthly compensation.
91	The department shall deduct an amount approved by the
92	Legislature to provide for the administration of this program.
93	The payment of the contributions to the optional program which
94	is required by this paragraph for each participant shall be made
95	by the employer to the department, which shall forward the
96	contributions to the designated company or companies contracting
97	for payment of benefits for the participant under the program.
98	However, such contributions paid on behalf of an employee
99	described in paragraph (3)(c) shall not be forwarded to a
100	company and shall not begin to accrue interest until the
101	employee has executed a an annuity contract and notified the
102	department.
103	(g)  Effective July 1, 2008, for purposes of paragraph (a)
104	and notwithstanding s. 121.021(22)(b)1., the term "participant's
105	gross monthly compensation" includes salary payments made to
106	eligible clinical faculty from a state university using funds
107	provided by a faculty practice plan authorized by the Board of
108	Governors of the State University System if:
109	1.  There is not any employer contribution from the state
110	university to any other retirement program with respect to such
111	salary payments; and
112	2.  The employer contribution on behalf of the participant
113	in the optional retirement program with respect to such salary
114	payments is made using funds provided by the faculty practice
115	plan.
116
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118	T I T L E  A M E N D M E N T
119	Remove line 15 and insert:
120	members; amending s. 121.021, F.S.; clarifying that the term
121	"compensation" for purposes of the benefit retirement program or
122	the Public Employee Optional Retirement Program of the Florida
123	Retirement System does not include fees or salary payments made
124	from a faculty practice plan authorized by the Board of
125	Governors of the State University System for clinical faculty at
126	a state university having a faculty practice plan; amending s.
127	121.051, F.S.; requiring that a person appointed to a faculty
128	position at a state university having a faculty practice plan
129	participate in the optional retirement program of the State
130	University System rather than the Florida Retirement System;
131	providing definitions; amending s. 121.35, F.S.; requiring the
132	participating employee in the optional retirement program to
133	execute a contract, not just an annuity contract, with a
134	designated company in order for employee contributions to be
135	forwarded to the company and for interest to accrue; defining
136	the term "participant's gross monthly compensation" for purposes
137	of the optional retirement program for the State University
138	System; providing a declaration of important state

CODING: Words stricken are deletions; words underlined are additions.