| 1 | A bill to be entitled | 
| 2 | An act relating to retirement; amending s. 121.71, F.S.; | 
| 3 | revising the payroll contribution rates for the membership | 
| 4 | classes of the Florida Retirement System for the state | 
| 5 | fiscal years effective July 1, 2010, and July 1, 2011; | 
| 6 | deleting a provision providing for recognition and usage | 
| 7 | of current available excess assets of the Florida | 
| 8 | Retirement System Trust Fund to offset employer | 
| 9 | contribution rates for the Florida Retirement System; | 
| 10 | requiring the state actuary to consider additional factors | 
| 11 | when conducting the annual actuarial study of the Florida | 
| 12 | Retirement System; specifying the factors to be | 
| 13 | considered; providing a declaration of important state | 
| 14 | interest; providing an effective date. | 
| 15 | 
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| 16 | Be It Enacted by the Legislature of the State of Florida: | 
| 17 | 
 | 
| 18 | Section 1.  Section 121.71, Florida Statutes, is amended to | 
| 19 | read: | 
| 20 | 121.71  Uniform rates; process; calculations; levy.- | 
| 21 | (1)  In conducting the system actuarial study required | 
| 22 | under s. 121.031, the actuary shall follow all requirements | 
| 23 | specified thereunder to determine, by Florida Retirement System | 
| 24 | employee membership class, the dollar contribution amounts | 
| 25 | necessary for the forthcoming fiscal year for the defined | 
| 26 | benefit program. In addition, the actuary shall determine, by | 
| 27 | Florida Retirement System membership class, based on an estimate | 
| 28 | for the forthcoming fiscal year of the gross compensation of | 
| 29 | employees participating in the optional retirement program, the | 
| 30 | dollar contribution amounts necessary to make the allocations | 
| 31 | required under ss. 121.72 and 121.73. For each employee | 
| 32 | membership class and subclass, the actuarial study shall | 
| 33 | establish a uniform rate necessary to fund the benefit | 
| 34 | obligations under both Florida Retirement System retirement | 
| 35 | plans by dividing the sum of total dollars required by the | 
| 36 | estimated gross compensation of members in both plans. | 
| 37 | (2)  Based on the uniform rates set forth in subsection | 
| 38 | (3), employers shall make monthly contributions to the Division | 
| 39 | of Retirement, which shall initially deposit the funds into the | 
| 40 | Florida Retirement System Contributions Clearing Trust Fund. A | 
| 41 | change in a contribution rate is effective the first day of the | 
| 42 | month for which a full month's employer contribution may be made | 
| 43 | on or after the beginning date of the change. | 
| 44 | (3)  Required employer retirement contribution rates for | 
| 45 | each membership class and subclass of the Florida Retirement | 
| 46 | System for both retirement plans are as follows: | 
| 47 | 
 | 
|  | | Membership Class | Percentage of Gross Compensation,Effective July 1, 2010 2009 | Percentage of Gross Compensation,Effective July 1, 2011 2010 | 
 | 
| 48 | 
 | 
|  | | Regular Class | 9.76% 8.69% | 11.34% 9.63% | 
 | 
| 49 | 
 | 
|  | | Special Risk Class | 22.15% 19.76% | 28.12% 22.11% | 
 | 
| 50 | 
 | 
|  | | Special Risk  Administrative  Support Class | 11.24% 11.39% | 27.21% 12.10% | 
 | 
| 51 | 
 | 
|  | | Elected Officers' Class-  Legislators, Governor,  Lt. Governor,  Cabinet Officers,  State Attorneys,  Public Defenders | 14.38% 13.32% | 31.43% 15.20% | 
 | 
| 52 | 
 | 
|  | | Elected Officers' Class-  Justices, Judges | 19.39% 18.40% | 30.39% 20.65% | 
 | 
| 53 | 
 | 
|  | | Elected Officers' Class-  County Elected Officers | 16.62% 15.37% | 36.37% 17.50% | 
 | 
| 54 | 
 | 
|  | | Senior Management Class | 11.70% 11.96% | 20.97% 13.43% | 
 | 
| 55 | 
 | 
|  | | DROP | 14.23% 9.80% | 19.20% 11.14% | 
 | 
| 56 | 
 | 
| 57 | (4)  The state actuary shall recognize and use an  | 
| 58 | appropriate level of available excess assets of the Florida  | 
| 59 | Retirement System Trust Fund to offset the difference between  | 
| 60 | the normal costs of the Florida Retirement System and the  | 
| 61 | statutorily prescribed contribution rates. | 
| 62 | Section 2.  As part of the actuarial study required by s. | 
| 63 | 121.031(3), Florida Statutes, based on the results of June 30, | 
| 64 | 2010, the administrator of the Florida Retirement System shall | 
| 65 | contract with the state actuary to conduct an actuarial study of | 
| 66 | the Florida Retirement System which considers the following | 
| 67 | methods of funding the Deferred Retirement Option Program: | 
| 68 | (1)  Through a separate contribution rate regardless of the | 
| 69 | participant's membership class, which had been the principle | 
| 70 | method through the 2009 valuation; | 
| 71 | (2)  Treat participants as retirees such that the payroll | 
| 72 | associated with the participants is not used to develop the | 
| 73 | contribution rates for the respective membership class, and the | 
| 74 | employer is not required to make contributions on such payroll | 
| 75 | except for unfunded actuarial liability contributions; and | 
| 76 | (3)  Treat participants as active members such that the | 
| 77 | payroll associated with the participants is used to develop the | 
| 78 | contribution rates for the respective membership class, and the | 
| 79 | employer is required to make contributions on the payroll at the | 
| 80 | same contribution rate as the employer pays for an active member | 
| 81 | of the applicable class. | 
| 82 | Section 3.  The Legislature finds that a proper and | 
| 83 | legitimate state purpose is served when employees and retirees | 
| 84 | of the state and its political subdivisions, and the dependents, | 
| 85 | survivors, and beneficiaries of such employees and retirees, are | 
| 86 | extended the basic protections afforded by governmental | 
| 87 | retirement systems. These persons must be provided benefits that | 
| 88 | are fair and adequate and that are managed, administered, and | 
| 89 | funded in an actuarially sound manner, as required by s. 14, | 
| 90 | Article X of the State Constitution and part VII of chapter 112, | 
| 91 | Florida Statutes. Therefore, the Legislature determines and | 
| 92 | declares that this act fulfills an important state interest. | 
| 93 | Section 4.  This act shall take effect July 1, 2010. |