HB 1049

1	A bill to be entitled
2	An act relating to the Florida Retirement System; amending
3	s. 121.052, F.S.; providing that election to participate
4	in the Senior Management Service Class by elected county
5	officers does not affect the statutory limit on the number
6	of nonelective full-time positions that may be designated
7	for inclusion in the class by a school district; deleting
8	obsolete provisions; amending s. 121.055, F.S.;
9	authorizing the designation of a certain number of
10	nonelective full-time positions for certain school
11	districts for inclusion in the Senior Management Service
12	Class; deleting obsolete provisions; providing an
13	effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Paragraph (c) of subsection (3) of section
18	121.052, Florida Statutes, is amended to read:
19	121.052  Membership class of elected officers.--
20	(3)  PARTICIPATION AND WITHDRAWAL, GENERALLY.--Effective
21	July 1, 1990, participation in the Elected Officers' Class shall
22	be compulsory for elected officers listed in paragraphs (2)(a)-
23	(d) and (f) assuming office on or after said date, unless the
24	elected officer elects membership in another class or withdraws
25	from the Florida Retirement System as provided in paragraphs
26	(3)(a)-(d):
27	(c)  Any elected officer may, within 6 months after
28	assuming office, or within 6 months after this act becomes a law
29	for serving elected officers, elect membership in the Senior
30	Management Service Class as provided in s. 121.055 in lieu of
31	membership in the Elected Officers' Class. Any such election
32	made by a county elected officer does not affect shall have no
33	effect upon the statutory limit on the number of nonelective
34	full-time positions that may be designated by a local agency
35	employer or a specified school district for inclusion in the
36	Senior Management Service Class under s. 121.055(1)(b)1.
37	Section 2.  Paragraph (b) of subsection (1) of section
38	121.055, Florida Statutes, is amended to read:
39	121.055  Senior Management Service Class.--There is hereby
40	established a separate class of membership within the Florida
41	Retirement System to be known as the "Senior Management Service
42	Class," which shall become effective February 1, 1987.
43	(1)
44	(b)1.  Except as provided in subparagraph 2., effective
45	January 1, 1990, participation in the Senior Management Service
46	Class is shall be compulsory for the president of each community
47	college, the manager of each participating city or county, and
48	all appointed district school superintendents. Effective January
49	1, 1994, additional positions may be designated for inclusion in
50	the Senior Management Service class if of the Florida Retirement
51	System, provided that:
52	a.  Positions to be included are in the class shall be
53	designated by the local agency employer. Notice of intent to
54	designate positions for inclusion in the class must shall be
55	published once a week for 2 consecutive weeks in a newspaper of
56	general circulation published in the county or counties
57	affected, as provided in chapter 50.
58	b.  Up to 10 nonelective full-time positions may be
59	designated for each local agency employer reporting to the
60	department and up to 15 nonelective full-time positions may be
61	designated for each school district serving as the fiscal agent
62	for a regional consortium service organization established under
63	s. 1001.451. of Management Services; For local agencies with 100
64	or more regularly established positions, additional nonelective
65	full-time positions may be designated, not to exceed 1 percent
66	of the regularly established positions within the agency.
67	c.  Each position added to the class is must be a
68	managerial or policymaking position filled by an employee who is
69	not subject to continuing contract and serves at the pleasure of
70	the local agency employer without civil service protection, and
71	who:
72	(I)  Heads an organizational unit; or
73	(II)  Has responsibility to effect or recommend personnel,
74	budget, expenditure, or policy decisions in his or her areas of
75	responsibility.
76	2.  In lieu of participation in the Senior Management
77	Service Class, members of the Senior Management Service class
78	under pursuant to the provisions of subparagraph 1. may withdraw
79	from the Florida Retirement System altogether. The decision to
80	withdraw is from the Florida Retirement System shall be
81	irrevocable for as long as the employee holds such a position.
82	Any service creditable under the Senior Management Service Class
83	is shall be retained after the member withdraws from the Florida
84	Retirement System; however, additional service credit in the
85	Senior Management Service class may shall not be earned after
86	such withdrawal. Such members are shall not be eligible to
87	participate in the Senior Management Service Optional Annuity
88	Program.
89	3.  Effective January 1, 2006, through June 30, 2006, an
90	employee who has withdrawn from the Florida Retirement System
91	under subparagraph 2. has one opportunity to elect to
92	participate in either the defined benefit program or the Public
93	Employee Optional Retirement Program of the Florida Retirement
94	System.
95	a.  If the employee elects to participate in the Public
96	Employee Optional Retirement Program, membership shall be
97	prospective, and the applicable provisions of s. 121.4501(4)
98	shall govern the election.
99	b.  If the employee elects to participate in the defined
100	benefit program of the Florida Retirement System, the employee
101	shall, upon payment to the system trust fund of the amount
102	calculated under sub-sub-subparagraph (I), receive service
103	credit for prior service based upon the time during which the
104	employee had withdrawn from the system.
105	(I)  The cost for such credit shall be an amount
106	representing the actuarial accrued liability for the affected
107	period of service. The cost shall be calculated using the
108	discount rate and other relevant actuarial assumptions that were
109	used to value the Florida Retirement System defined benefit plan
110	liabilities in the most recent actuarial valuation. The
111	calculation shall include any service already maintained under
112	the defined benefit plan in addition to the period of
113	withdrawal. The actuarial accrued liability attributable to any
114	service already maintained under the defined benefit plan shall
115	be applied as a credit to the total cost resulting from the
116	calculation. The division shall ensure that the transfer sum is
117	prepared using a formula and methodology certified by an
118	actuary.
119	(II)  The employee must transfer a sum representing the net
120	cost owed for the actuarial accrued liability in sub-sub-
121	subparagraph (I) immediately following the time of such
122	movement, determined assuming that attained service equals the
123	sum of service in the defined benefit program and the period of
124	withdrawal.
125	Section 3.  This act shall take effect July 1, 2009.

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