Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. SB 2100
       
       
       
       
       
       
                                Barcode 627362                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 7/RS/2R         .                                
             04/06/2011 05:57 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Latvala moved the following:
       
    1         Senate Amendment (with ballot and title amendments)
    2  
    3         Delete lines 1858 - 1863
    4  and insert:
    5         (c) Benefits payable under DROP.—
    6         1. Effective on the date of DROP participation, the
    7  member’s initial normal monthly benefit, including creditable
    8  service, optional form of payment, and average final
    9  compensation, and the effective date of retirement are fixed.
   10  The beneficiary established under the Florida Retirement System
   11  is the beneficiary eligible to receive any DROP benefits payable
   12  if the DROP participant dies before completing the period of
   13  DROP participation. If a joint annuitant predeceases the member,
   14  the member may name a beneficiary to receive accumulated DROP
   15  benefits payable. The retirement benefit, the annual cost of
   16  living adjustments provided in s. 121.101, and interest accrue
   17  monthly in the Florida Retirement System Trust Fund.
   18         a. For members initially enrolled in the system before July
   19  1, 2011, the interest accrues at an effective annual rate of 6.5
   20  percent compounded monthly, on the prior month’s accumulated
   21  ending balance, up to the month of termination or death, except
   22  as provided in s. 121.053(7).
   23         b. For members initially enrolled in the system on or after
   24  July 1, 2011, the interest accrues at an effective annual rate
   25  of 3 percent compounded monthly, on the prior month’s
   26  accumulated ending balance, up to the month of termination or
   27  death, except as provided in s. 121.053(7).
   28         2. Each employee who elects to participate in DROP may
   29  elect to receive a lump-sum payment for accrued annual leave
   30  earned in accordance with agency policy upon beginning
   31  participation in DROP. The accumulated leave payment certified
   32  to the division upon commencement of DROP shall be included in
   33  the calculation of the member’s average final compensation. The
   34  employee electing the lump-sum payment is not eligible to
   35  receive a second lump-sum payment upon termination, except to
   36  the extent the employee has earned additional annual leave
   37  which, combined with the original payment, does not exceed the
   38  maximum lump-sum payment allowed by the employing agency’s
   39  policy or rules. An early lump-sum payment shall be based on the
   40  hourly wage of the employee at the time he or she begins
   41  participation in DROP. If the member elects to wait and receive
   42  a lump-sum payment upon termination of DROP and termination of
   43  employment with the employer, any accumulated leave payment made
   44  at that time may not be included in the member’s retirement
   45  benefit, which was determined and fixed by law when the employee
   46  elected to participate in DROP.
   47         3. The effective date of DROP participation and the
   48  effective date of retirement of a DROP participant shall be the
   49  first day of the month selected by the member to begin
   50  participation in DROP, provided such date is properly
   51  established, with the written confirmation of the employer, and
   52  the approval of the division, on forms required by the division.
   53         4. Normal retirement benefits and any interest shall
   54  continue to accrue in DROP until the established termination
   55  date of DROP or until the member participant terminates
   56  employment or dies before prior to such date, except as provided
   57  in s. 121.053(7). Although individual DROP accounts may shall
   58  not be established, a separate accounting of each member’s
   59  participant’s accrued benefits under DROP shall be calculated
   60  and provided to the member participants.
   61         5. At the conclusion of the member’s participation in the
   62  participant’s DROP, the division shall distribute the member’s
   63  participant’s total accumulated DROP benefits, subject to the
   64  following:
   65         a. The division shall receive verification by the member’s
   66  participant’s employer or employers that the member participant
   67  has terminated all employment relationships as provided in s.
   68  121.021(39).
   69         b. The terminated DROP participant or, if deceased, the
   70  member’s participant’s named beneficiary, shall elect on forms
   71  provided by the division to receive payment of the DROP benefits
   72  in accordance with one of the options listed below. If a member
   73  participant or beneficiary fails to elect a method of payment
   74  within 60 days after termination of DROP, the division shall pay
   75  a lump sum as provided in sub-sub-subparagraph (I).
   76         (I) Lump sum.—All accrued DROP benefits, plus interest,
   77  less withholding taxes remitted to the Internal Revenue Service,
   78  shall be paid to the DROP participant or surviving beneficiary.
   79         (II) Direct rollover.—All accrued DROP benefits, plus
   80  interest, shall be paid from DROP directly to the custodian of
   81  an eligible retirement plan as defined in s. 402(c)(8)(B) of the
   82  Internal Revenue Code. However, in the case of an eligible
   83  rollover distribution to the surviving spouse of a deceased
   84  member participant, an eligible retirement plan is an individual
   85  retirement account or an individual retirement annuity as
   86  described in s. 402(c)(9) of the Internal Revenue Code.
   87         (III) Partial lump sum.—A portion of the accrued DROP
   88  benefits shall be paid to DROP participant or surviving spouse,
   89  less withholding taxes remitted to the Internal Revenue Service,
   90  and the remaining DROP benefits must be transferred directly to
   91  the custodian of an eligible retirement plan as defined in s.
   92  402(c)(8)(B) of the Internal Revenue Code. However, in the case
   93  of an eligible rollover distribution to the surviving spouse of
   94  a deceased member participant, an eligible retirement plan is an
   95  individual retirement account or an individual retirement
   96  annuity as described in s. 402(c)(9) of the Internal Revenue
   97  Code. The proportions must be specified by the DROP participant
   98  or surviving beneficiary.
   99         c. The form of payment selected by the DROP participant or
  100  surviving beneficiary must comply with the minimum distribution
  101  requirements of the Internal Revenue Code.
  102         d. A DROP participant who fails to terminate all employment
  103  relationships as provided in s. 121.021(39) shall be deemed as
  104  not retired, and the DROP election is null and void. Florida
  105  Retirement System membership shall be reestablished
  106  retroactively to the date of the commencement of DROP, and each
  107  employer with whom the member participant continues employment
  108  must pay to the Florida Retirement System Trust Fund the
  109  difference between the DROP contributions paid in paragraph (i)
  110  and the contributions required for the applicable Florida
  111  Retirement System class of membership during the period the
  112  member participated in DROP, plus 6.5 percent interest
  113  compounded annually.
  114         6. The retirement benefits of any DROP participant who
  115  terminates all employment relationships as provided in s.
  116  121.021(39) but is reemployed in violation of the reemployment
  117  provisions of subsection (9) are shall be suspended during those
  118  months in which the retiree is in violation. Any retiree in
  119  violation of this subparagraph and any employer that employs or
  120  appoints such person without notifying the division of
  121  Retirement to suspend retirement benefits are jointly and
  122  severally liable for any benefits paid during the reemployment
  123  limitation period. The employer must have a written statement
  124  from the retiree that he or she is not retired from a state
  125  administered retirement system. Any retirement benefits received
  126  by a retiree while employed in violation of the reemployment
  127  limitations must be repaid to the Florida Retirement System
  128  Trust Fund, and his or her retirement benefits shall remain
  129  suspended until payment is made. Benefits suspended beyond the
  130  end of the reemployment limitation period apply toward repayment
  131  of benefits received in violation of the reemployment
  132  limitation.
  133         7. The accrued benefits of any DROP participant, and any
  134  contributions accumulated under the program, are not subject to
  135  assignment, execution, attachment, or any legal process
  136  whatsoever, except for qualified domestic relations court orders
  137  by a court of competent jurisdiction, income deduction orders as
  138  provided in s. 61.1301, and federal income tax levies.
  139         8. DROP participants are not eligible for disability
  140  retirement benefits as provided in subsection (4).
  141  
  142  ====== B A L L O T  S T A T E M E N T  A M E N D M E N T ======
  143         And the ballot statement is amended as follows:
  144         Delete lines 1622 - 1625
  145  and insert:
  146  paragraph (d) of subsection (9), paragraphs (a) and (c) of
  147  subsection (13), and paragraph (d) of subsection (14) of section
  148  121.091, Florida Statutes, are amended to read:
  149  
  150  ================= T I T L E  A M E N D M E N T ================
  151         And the title is amended as follows:
  152         Delete lines 59 - 60
  153  and insert:
  154         revising the interest rate accruing on DROP benefits
  155         after a certain date; conforming