| 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 |
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| 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% |
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| 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. |