Florida Senate - 2011                                    SB 2100
       
       
       
       By the Committee on Budget
       
       
       
       
       576-03596A-11                                         20112100__
    1                        A bill to be entitled                      
    2         An act relating to retirement; amending ss. 110.123,
    3         112.0801, 112.363, and 112.65, F.S.; conforming
    4         provisions to changes made by the act; amending s.
    5         121.011, F.S.; requiring employee and employer
    6         contributions to the retirement system by a certain
    7         date; amending s. 121.021, F.S.; redefining the terms
    8         “system,” “prior service,” “compensation,” “average
    9         final compensation,” “normal retirement date,”
   10         “termination,” “benefit,” and “payee”; defining the
   11         term “division”; amending s. 121.051, F.S.; conforming
   12         provisions to changes made by the act; amending s.
   13         121.0515, F.S.; providing that special risk employee
   14         contributions be used, if applicable, when purchasing
   15         credit for past service; conforming a cross-reference;
   16         amending s. 121.052, F.S., relating to the membership
   17         class of elected officers; conforming provisions to
   18         changes made by the act; providing for a refund of
   19         contributions under certain circumstances for an
   20         officer who leaves office; prohibiting such refund if
   21         an approved qualified domestic relations order is
   22         filed against the member’s retirement account;
   23         providing that a member who obtains a refund of
   24         contributions waives certain rights under the Florida
   25         Retirement System; conforming a cross-reference;
   26         amending s. 121.053, F.S.; conforming provisions to
   27         changes made by the act; amending s. 121.055, F.S.,
   28         relating to the Senior Management Service Class;
   29         conforming provisions to changes made by the act;
   30         providing for refunds of employee refunds; prohibiting
   31         a refund of retirement contributions if an approved
   32         qualified domestic relations order is filed against
   33         the member’s retirement account; providing that a
   34         member who obtains a refund of contributions waives
   35         certain rights under the Florida Retirement System;
   36         deleting a prohibition against a retiree’s renewing
   37         membership in the Senior Management Service Optional
   38         Annuity Program; requiring employee and employer
   39         contributions for members in the Senior Management
   40         Service Optional Annuity Program after a certain date;
   41         limiting the payment of benefits before a member’s
   42         termination of employment; amending s. 121.071, F.S.;
   43         requiring employee and employer contributions to the
   44         retirement system beginning on a certain date;
   45         limiting the payment of benefits before a member’s
   46         termination of employment; requiring repayment plus
   47         interest of an invalid refund; amending s. 121.081,
   48         F.S.; providing requirements for contributions for
   49         prior service performed on or after a certain date;
   50         amending s. 121.091, F.S.; conforming a cross
   51         reference; providing for refunds of employee refunds;
   52         limiting the payment of benefits before a member’s
   53         termination of employment; prohibiting a refund of
   54         retirement contributions if an approved qualified
   55         domestic relations order is filed against the member’s
   56         retirement account; providing that a member who
   57         obtains a refund of contributions waives certain
   58         rights under the Florida Retirement System;
   59         terminating participation in the Deferred Retirement
   60         Option Program after a certain date; conforming
   61         provisions to changes made by the act; amending s.
   62         121.1001, F.S.; conforming provisions to changes made
   63         by the act; amending s. 121.101, F.S.;. revising the
   64         cost-of-living adjustment depending on the date of
   65         retirement; amending s. 121.121, F.S., relating to the
   66         purchase of creditable service following an authorized
   67         leave of absence; requiring that service credit be
   68         purchased at the employee and employer contribution
   69         rates in effect during the leave of absence; reducing
   70         the interest rate on benefits payable under the
   71         Deferred Retirement Option Program for employees hired
   72         after a certain date; amending s. 121.122, F.S.;
   73         providing for renewed membership in the retirement
   74         system for retirees who are reemployed after a certain
   75         date; specifying requirements and limitations;
   76         amending s. 121.125, F.S.; conforming provisions to
   77         changes made by the act; assessing a penalty against
   78         employers for contributions not paid after a member
   79         becomes eligible for workers’ compensation; amending
   80         s. 121.35, F.S., relating to the optional retirement
   81         program for the State University System; conforming
   82         provisions to changes made by the act; requiring
   83         employee and employer contributions for members
   84         participating in the optional retirement program after
   85         a certain date; deleting certain requirements
   86         governing employer contributions to conform to changes
   87         made by the act; prohibiting certain benefits before
   88         termination from employment; conforming cross
   89         references; amending s. 121.355, F.S.; conforming
   90         provisions to changes made by the act; amending s.
   91         121.4501, F.S.; changing the name of the Public
   92         Employee Optional Retirement Program to the Florida
   93         Retirement System Investment Plan; limiting the option
   94         of enrolling in the State Retirement System’s defined
   95         benefit program or defined contribution program to
   96         public employees employed before a certain date;
   97         requiring public employees employed on or after a
   98         certain date to enroll in the investment plan;
   99         providing exceptions; requiring that plan members make
  100         contributions to the plan based on the employee’s
  101         membership class; revising definitions; revising the
  102         benefit commencement age for members of the special
  103         risk class; providing for contribution adjustments as
  104         a result of errors or corrections; deleting obsolete
  105         provisions relating to the 2002 optional transfer of
  106         public employees from the pension plan to the
  107         investment plan; providing for past employees who
  108         reenter the system; requiring an employer to receive a
  109         credit for excess contributions and to reimburse an
  110         employee for excess contributions, subject to certain
  111         limitations; providing for a retiree to retain his or
  112         her prior plan choice following a return to
  113         employment; limiting certain refunds of contributions
  114         which exceed the amount that would have accrued had
  115         the member remained in the pension plan; providing
  116         certain requirements and limitations with respect to
  117         contributions; clarifying that employee and employer
  118         contributions are earmarked for specified purposes;
  119         providing duties of the third-party administrator;
  120         providing that a member is vested immediately with
  121         respect to employee contributions paid by the
  122         employee; providing for the forfeiture of nonvested
  123         employer contributions and service credit based on
  124         years of service; amending s. 121.4502, F.S.;
  125         conforming provisions to changes made by the act;
  126         amending s. 121.4503, F.S.; providing for the deposit
  127         of employee contributions into the Florida Retirement
  128         System Contributions Clearing Trust Fund; amending s.
  129         121.571, F.S.; conforming provisions to changes made
  130         by the act; providing requirements for submitting
  131         employee contributions; amending s. 121.591, F.S.;
  132         prohibiting the payment of certain benefits before
  133         termination of employment; providing for the
  134         forfeiture of nonvested accumulations upon payment of
  135         certain vested benefits; providing that the
  136         distribution payment method selected by the member or
  137         beneficiary is irrevocable at the time of
  138         distribution; prohibiting a distribution of employee
  139         contributions if a qualified domestic relations order
  140         is filed against the member’s account; providing for
  141         the distribution of an employee’s contributions if the
  142         employee dies before being vested; conforming
  143         provisions to changes made by the act; amending ss.
  144         121.5911 and 121.70, F.S.; conforming provisions to
  145         changes made by the act; amending s. 121.71, F.S.;
  146         providing for employee contributions to be deducted
  147         from the employee’s monthly salary, beginning on a
  148         specified date, and treated as employer contributions
  149         under certain provisions of federal law; clarifying
  150         that an employee may not receive such contributions
  151         directly; specifying the required contribution rate
  152         for all members of the Florida Retirement System;
  153         specifying the required employer retirement
  154         contribution rates for each membership class and
  155         subclass of the system in order to address unfunded
  156         actuarial liabilities of the system; requiring an
  157         assessment to be imposed if the employee contributions
  158         remitted are less than the amount required; providing
  159         for the employer to receive a credit for excess
  160         contributions remitted; conforming cross-references;
  161         amending s. 121.72, F.S.; revising certain
  162         requirements governing allocations to optional
  163         retirement program member accounts; conforming cross
  164         references; amending s. 121.73, F.S., relating to
  165         disability coverage for members of the optional
  166         retirement program; conforming provisions to changes
  167         made by the act; amending ss. 121.74, 121.75, and
  168         121.77, F.S.; conforming provisions to changes made by
  169         the act; conforming cross-references; amending s.
  170         121.78, F.S.; revising certain requirements for
  171         administering the payment and distribution of
  172         contributions; requiring that certain fees be imposed
  173         for delinquent payment; providing that an employer is
  174         responsible for recovering any refund provided to an
  175         employee in error; revising the terms of an authorized
  176         waiver of delinquency; requiring an employer to
  177         receive a credit for excess contributions and to
  178         reimburse an employee for excess contributions,
  179         subject to certain limitations; amending s. 175.121,
  180         F.S.; specifying other sources available to pay the
  181         expenses of the Department of Revenue for
  182         administering firefighters’ pension plans; amending s.
  183         175.341, F.S.; conforming provisions to changes made
  184         by the act; amending s. 185.10, F.S.; specifying other
  185         sources available to pay the expenses of the
  186         department for administering police officers’ pension
  187         plans; amending s. 185.23, F.S.; conforming provisions
  188         to changes made by the act; amending s. 250.22, F.S.;
  189         providing that retirement pay for members of the
  190         Florida National Guard is determined on the date of
  191         retirement and may not be recomputed to reflect an
  192         increase in basic pay; directing the Division of
  193         Retirement to annually adjust retirement pay after a
  194         certain date; amending s. 1012.875, F.S.; requiring
  195         employee and employer contributions for members of the
  196         State Community College System Optional Retirement
  197         Program on a certain date; conforming cross
  198         references; providing that the act fulfills an
  199         important state interest; providing a directive to the
  200         Division of Statutory Revision; requiring the State
  201         Board of Administration and the Department of
  202         Management Services to request a private letter ruling
  203         from the United States Internal Revenue Service
  204         regarding the act; providing employers the option of
  205         contributing to the retirement account of a reemployed
  206         retiree during a specified period; providing an
  207         effective date.
  208  
  209  Be It Enacted by the Legislature of the State of Florida:
  210  
  211         Section 1. Paragraph (g) of subsection (2) of section
  212  110.123, Florida Statutes, is amended to read:
  213         110.123 State group insurance program.—
  214         (2) DEFINITIONS.—As used in this section, the term:
  215         (g) “Retired state officer or employee” or “retiree” means
  216  a any state, or state university, officer or employee who
  217  retires under a state retirement system or a state optional
  218  annuity or retirement program or is placed on disability
  219  retirement, and who was insured under the state group insurance
  220  program at the time of retirement, and who begins receiving
  221  retirement benefits immediately after retirement from state or
  222  state university office or employment. The term also includes In
  223  addition to these requirements, any state officer or state
  224  employee who retires under the investment plan Public Employee
  225  Optional Retirement Program established under part II of chapter
  226  121 shall be considered a “retired state officer or employee” or
  227  “retiree” as used in this section if he or she:
  228         1. Meets the age and service requirements to qualify for
  229  normal retirement as set forth in s. 121.021(29); or
  230         2. Has attained the age specified by s. 72(t)(2)(A)(i) of
  231  the Internal Revenue Code and has 6 years of creditable service.
  232         Section 2. Section 112.0801, Florida Statutes, is amended
  233  to read:
  234         112.0801 Group insurance; participation by retired
  235  employees.—
  236         (1) Any state agency, county, municipality, special
  237  district, community college, or district school board that which
  238  provides life, health, accident, hospitalization, or annuity
  239  insurance, or all of any kinds of such insurance, for its
  240  officers and employees and their dependents upon a group
  241  insurance plan or self-insurance plan shall allow all former
  242  personnel who have retired before prior to October 1, 1987, as
  243  well as those who retire on or after such date, and their
  244  eligible dependents, the option of continuing to participate in
  245  the such group insurance plan or self-insurance plan. Retirees
  246  and their eligible dependents shall be offered the same health
  247  and hospitalization insurance coverage as is offered to active
  248  employees at a premium cost of no more than the premium cost
  249  applicable to active employees. For the retired employees and
  250  their eligible dependents, the cost of any such continued
  251  participation in any type of plan or any of the cost thereof may
  252  be paid by the employer or by the retired employees. To
  253  determine health and hospitalization plan costs, the employer
  254  shall commingle the claims experience of the retiree group with
  255  the claims experience of the active employees; and, for other
  256  types of coverage, the employer may commingle the claims
  257  experience of the retiree group with the claims experience of
  258  active employees. Retirees covered under Medicare may be
  259  experience-rated separately from the retirees not covered by
  260  Medicare and from active employees if, provided that the total
  261  premium does not exceed that of the active group and coverage is
  262  basically the same as for the active group.
  263         (2) For purposes of this section, the term “retiree” has
  264  the same meaning as in s. 110.123(2) means any officer or
  265  employee who retires under a state retirement system or a state
  266  optional annuity or retirement program or is placed on
  267  disability retirement and who begins receiving retirement
  268  benefits immediately after retirement from employment. In
  269  addition to these requirements, any officer or employee who
  270  retires under the Public Employee Optional Retirement Program
  271  established under part II of chapter 121 shall be considered a
  272  “retired officer or employee” or “retiree” as used in this
  273  section if he or she:
  274         (a)Meets the age and service requirements to qualify for
  275  normal retirement as set forth in s. 121.021(29); or
  276         (b)Has attained the age specified by s. 72(t)(2)(A)(i) of
  277  the Internal Revenue Code and has 6 years of creditable service.
  278         Section 3. Paragraphs (b) and (c) of subsection (2) and
  279  paragraph (e) of subsection (3) of section 112.363, Florida
  280  Statutes, are amended to read:
  281         112.363 Retiree health insurance subsidy.—
  282         (2) ELIGIBILITY FOR RETIREE HEALTH INSURANCE SUBSIDY.—
  283         (b) For purposes of this section, a person is deemed
  284  retired from a state-administered retirement system when he or
  285  she terminates employment with all employers participating in
  286  the Florida Retirement System as described in s. 121.021(39)
  287  and:
  288         1. For a member participant of the investment plan Public
  289  Employee Optional Retirement program established under part II
  290  of chapter 121, the member participant meets the age or service
  291  requirements to qualify for normal retirement as set forth in s.
  292  121.021(29) and meets the definition of retiree in s.
  293  121.4501(2).
  294         2. For a member of the pension plan Florida Retirement
  295  System defined benefit program, or any employee who maintains
  296  creditable service under both the pension plan and the
  297  investment plan defined benefit program and the Public Employee
  298  Optional Retirement program, the member begins drawing
  299  retirement benefits from the pension plan defined benefit
  300  program of the Florida Retirement System.
  301         (c)1. Effective July 1, 2001, any person retiring on or
  302  after that such date as a member of the Florida Retirement
  303  System, including a member any participant of the investment
  304  plan defined contribution program administered pursuant to part
  305  II of chapter 121, must have satisfied the vesting requirements
  306  for his or her membership class under the pension plan Florida
  307  Retirement System defined benefit program as administered under
  308  part I of chapter 121. However,
  309         2. Notwithstanding the provisions of subparagraph 1., a
  310  person retiring due to disability must either qualify for a
  311  regular or in-line-of-duty disability benefit as provided in s.
  312  121.091(4) or qualify for a disability benefit under a
  313  disability plan established under part II of chapter 121, as
  314  appropriate.
  315         (3) RETIREE HEALTH INSURANCE SUBSIDY AMOUNT.—
  316         (e)1. Beginning July 1, 2001, each eligible retiree of the
  317  pension plan defined benefit program of the Florida Retirement
  318  System, or, if the retiree is deceased, his or her beneficiary
  319  who is receiving a monthly benefit from such retiree’s account
  320  and who is a spouse, or a person who meets the definition of
  321  joint annuitant in s. 121.021(28), shall receive a monthly
  322  retiree health insurance subsidy payment equal to the number of
  323  years of creditable service, as defined in s. 121.021(17),
  324  completed at the time of retirement multiplied by $5; however,
  325  an no eligible retiree or beneficiary may not receive a subsidy
  326  payment of more than $150 or less than $30. If there are
  327  multiple beneficiaries, the total payment may must not be
  328  greater than the payment to which the retiree was entitled. The
  329  health insurance subsidy amount payable to any person receiving
  330  the retiree health insurance subsidy payment on July 1, 2001,
  331  may shall not be reduced solely by operation of this
  332  subparagraph.
  333         2. Beginning July 1, 2002, each eligible member participant
  334  of the investment plan under part II of chapter 121 Public
  335  Employee Optional Retirement program of the Florida Retirement
  336  System who has met the requirements of this section, or, if the
  337  member participant is deceased, his or her spouse who is the
  338  member’s participant’s designated beneficiary, shall receive a
  339  monthly retiree health insurance subsidy payment equal to the
  340  number of years of creditable service, as provided in this
  341  subparagraph, completed at the time of retirement, multiplied by
  342  $5; however, an no eligible retiree or beneficiary may not
  343  receive a subsidy payment of more than $150 or less than $30.
  344  For purposes of determining a member’s participant’s creditable
  345  service used to calculate the health insurance subsidy, the
  346  member’s a participant’s years of service credit or fraction
  347  thereof must shall be based on the member’s participant’s work
  348  year as defined in s. 121.021(54). Credit must shall be awarded
  349  for a full work year if whenever health insurance subsidy
  350  contributions have been made as required by law for each month
  351  in the member’s participant’s work year. In addition, all years
  352  of creditable service retained under the Florida Retirement
  353  System pension plan must defined benefit program shall be
  354  included as creditable service for purposes of this section.
  355  Notwithstanding any other provision in this section to the
  356  contrary, the spouse at the time of death is shall be the
  357  member’s participant’s beneficiary unless such member
  358  participant has designated a different beneficiary subsequent to
  359  the member’s participant’s most recent marriage.
  360         Section 4. Subsection (1) of section 112.65, Florida
  361  Statutes, is amended to read:
  362         112.65 Limitation of benefits.—
  363         (1) ESTABLISHMENT OF PROGRAM.—The normal retirement benefit
  364  or pension payable to a retiree who becomes a member of a any
  365  retirement system or plan and who has not previously
  366  participated in such plan, on or after January 1, 1980, may
  367  shall not exceed 100 percent of his or her average final
  368  compensation. However, nothing contained in this section does
  369  not shall apply to supplemental retirement benefits or to
  370  pension increases attributable to cost-of-living increases or
  371  adjustments. For the purposes of this section, benefits accruing
  372  in individual member participant accounts established under the
  373  investment plan Public Employee Optional Retirement program
  374  established in part II of chapter 121 are considered
  375  supplemental benefits. As used in this section, the term
  376  “average final compensation” means the average of the member’s
  377  earnings over a period of time which the governmental entity
  378  establishes has established by statute, charter, or ordinance.
  379         Section 5. Paragraph (h) is added to subsection (3) of
  380  section 121.011, Florida Statutes, to read:
  381         121.011 Florida Retirement System.—
  382         (3) PRESERVATION OF RIGHTS.—
  383         (h) Effective July 1, 2011, the retirement system shall
  384  require employee and employer contributions as provided in s.
  385  121.071 and part III of this chapter.
  386         Section 6. Subsection (3), paragraph (a) of subsection
  387  (19), paragraphs (a) and (b) of subsection (22), subsections
  388  (24), (29), and (39), paragraph (b) of subsection (45), and
  389  subsections (55) and (59) of section 121.021, Florida Statutes,
  390  are amended, and subsection (65) is added to that section, to
  391  read:
  392         121.021 Definitions.—The following words and phrases as
  393  used in this chapter have the respective meanings set forth
  394  unless a different meaning is plainly required by the context:
  395         (3) “Florida Retirement System” or “system” means the
  396  general retirement system established by this chapter, to be
  397  known and cited as the “Florida Retirement System,” including,
  398  but not limited to, the defined benefit retirement program
  399  administered under the provisions of part I of this part,
  400  referred to as the “Florida Retirement System Pension Plan” or
  401  “pension plan,” chapter and the defined contribution retirement
  402  program known as the Public Employee Optional Retirement Program
  403  and administered under the provisions of part II of this
  404  chapter, referred to as the “Florida Retirement System
  405  Investment Plan” or “investment plan.
  406         (19) “Prior service” under this chapter means:
  407         (a) Service for which the member had credit under one of
  408  the existing systems and received a refund of his or her
  409  contributions upon termination of employment. Prior service
  410  shall also includes include that service between December 1,
  411  1970, and the date the system becomes noncontributory for which
  412  the member had credit under the Florida Retirement System and
  413  received a refund of his or her contributions upon termination
  414  of employment.
  415         (22) “Compensation” means the monthly salary paid a member
  416  by his or her employer for work performed arising from that
  417  employment.
  418         (a) Before July 1, 2011, compensation includes shall
  419  include:
  420         1. Overtime payments paid from a salary fund.
  421         2. Accumulated annual leave payments.
  422         3. Payments in addition to the employee’s base rate of pay
  423  if all the following apply:
  424         a. The payments are paid according to a formal written
  425  policy that applies to all eligible employees equally;
  426         b. The policy provides that payments shall commence by no
  427  later than the 11th year of employment;
  428         c. The payments are paid for as long as the employee
  429  continues his or her employment; and
  430         d. The payments are paid at least annually.
  431         4. Amounts withheld for tax sheltered annuities or deferred
  432  compensation programs, or any other type of salary reduction
  433  plan authorized under the Internal Revenue Code.
  434         5. Payments made in lieu of a permanent increase in the
  435  base rate of pay, whether made annually or in 12 or 26 equal
  436  payments within a 12-month period, if when the member’s base pay
  437  is at the maximum of his or her pay range. If When a portion of
  438  a member’s annual increase raises his or her pay range and the
  439  excess is paid as a lump sum payment, the such lump sum payment
  440  is considered shall be compensation for retirement purposes.
  441         (b) On or after July 1, 2011, compensation includes:
  442         1. Payments in addition to the employee’s base rate of pay
  443  if the following apply:
  444         a. The payments are paid according to a formal written
  445  policy that applies to all eligible employees equally;
  446         b. The policy provides that payments shall commence by the
  447  11th year of employment; and
  448         c. The payments are paid at least annually.
  449         2. Amounts withheld for tax-sheltered annuities, deferred
  450  compensation programs, or any other type of salary reduction
  451  plan authorized under the Internal Revenue Code.
  452         3. Payments made in lieu of a permanent increase in the
  453  base rate of pay, whether made annually or in 12 or 26 equal
  454  payments within a 12-month period, if the member’s base pay is
  455  at the maximum of his or her pay range. If a portion of a
  456  member’s annual increase raises his or her pay range and the
  457  excess is paid as a lump sum payment, such lump sum payment is
  458  compensation for retirement purposes.
  459         (c)(b)Under no circumstances shall Compensation for a
  460  member participating in the pension plan defined benefit
  461  retirement program or the investment plan Public Employee
  462  Optional Retirement Program of the Florida Retirement System may
  463  not include:
  464         1. Fees paid professional persons for special or particular
  465  services or include salary payments made from a faculty practice
  466  plan authorized by the Board of Governors of the State
  467  University System for eligible clinical faculty at a college in
  468  a state university that has a faculty practice plan; or
  469         2. Any bonuses or other payments prohibited from inclusion
  470  in the member’s average final compensation and defined in
  471  subsection (47).
  472         (24) “Average final compensation” means the average of the
  473  5 highest fiscal years of compensation for creditable service
  474  prior to retirement, termination, or death. For in-line-of-duty
  475  disability benefits, if less than 5 years of creditable service
  476  have been completed, the term “average final compensation” means
  477  the average annual compensation of the total number of years of
  478  creditable service. Each year used to calculate the in the
  479  calculation of average final compensation commences shall
  480  commence on July 1.
  481         (a) Before July 1, 2011:
  482         1. The average final compensation includes shall include:
  483         a.1. Accumulated annual leave payments, not to exceed 500
  484  hours; and
  485         b.2. All payments defined as compensation under this
  486  section in subsection (22).
  487         2.(b) The average final compensation does shall not
  488  include:
  489         a.1. Compensation paid to professional persons for special
  490  or particular services;
  491         b.2. Payments for accumulated sick leave made due to
  492  retirement or termination;
  493         c.3. Payments for accumulated annual leave in excess of 500
  494  hours;
  495         d.4. Bonuses as defined in subsection (47);
  496         e.5.Third-party Third party payments made on and after
  497  July 1, 1990; or
  498         f.6. Fringe benefits, such as (for example, automobile
  499  allowances or housing allowances).
  500         (b) On or after July 1, 2011:
  501         1. The average final compensation includes all payments
  502  defined as compensation under this section.
  503         2. The average final compensation does not include:
  504         a. Compensation paid to professional persons for special or
  505  particular services;
  506         b. Payments for accumulated sick leave made due to
  507  retirement or termination;
  508         c. Payments for accumulated annual leave;
  509         d. Overtime payments paid from a salary fund;
  510         e. Bonuses;
  511         f. Third-party payments made on and after July 1, 1990; or
  512         g. Fringe benefits, such as automobile allowances or
  513  housing allowances.
  514         (29) “Normal retirement date” means the date a member
  515  attains normal retirement age and is vested, which is determined
  516  as follows:
  517         (a) If a Regular Class member, a Senior Management Service
  518  Class member, or an Elected Officers’ Class member:
  519         1. The first day of the month the member completes 6 or
  520  more years of creditable service and attains age 62; or
  521         2. The first day of the month following the date the member
  522  completes 30 years of creditable service, regardless of age.
  523         (b) If a Special Risk Class member:
  524         1. Enrolled before July 1, 2011:
  525         a.1. The first day of the month the member completes 6 or
  526  more years of creditable service in the Special Risk Class and
  527  attains age 55;
  528         b.2. The first day of the month following the date the
  529  member completes 25 years of creditable service in the Special
  530  Risk Class, regardless of age; or
  531         c.3. The first day of the month following the date the
  532  member completes 25 years of creditable service and attains age
  533  52, which service may include a maximum of 4 years of military
  534  service credit as long as such credit is not claimed under any
  535  other system and the remaining years are in the Special Risk
  536  Class.
  537         2. Enrolled on or after July 1, 2011:
  538         a. The first day of the month the member completes 6 or
  539  more years of creditable service in the Special Risk Class and
  540  attains age 62; or
  541         b. The first day of the month following the date the member
  542  completes 30 years of creditable service, regardless of age.
  543  
  544  “Normal retirement age” is attained on the “normal retirement
  545  date.”
  546         (39)(a) “Termination” or “terminated” means occurs, except
  547  as provided in paragraph (b), that when a member ceases all
  548  employment relationships with a participating an employer;,
  549  however:
  550         1. For retirements effective before July 1, 2010, if a
  551  member is employed by any such employer within the next calendar
  552  month, termination shall be deemed not to have occurred. A leave
  553  of absence constitutes a continuation of the employment
  554  relationship, except that a leave of absence without pay due to
  555  disability may constitute termination if such member makes
  556  application for and is approved for disability retirement in
  557  accordance with s. 121.091(4). The department or state board may
  558  require other evidence of termination as it deems necessary.
  559         2. For retirements effective on or after July 1, 2010, if a
  560  member is employed by any such employer within the next 6
  561  calendar months, termination shall be deemed not to have
  562  occurred. A leave of absence constitutes a continuation of the
  563  employment relationship, except that a leave of absence without
  564  pay due to disability may constitute termination if such member
  565  makes application for and is approved for disability retirement
  566  in accordance with s. 121.091(4). The department or state board
  567  may require other evidence of termination as it deems necessary.
  568         (b) “Termination” or “terminated” means for a member
  569  electing to participate in the Deferred Retirement Option
  570  Program that occurs when the member program participant ceases
  571  all employment relationships with a participating an employer in
  572  accordance with s. 121.091(13);, however:
  573         1. For termination dates occurring before July 1, 2010, if
  574  the member participant is employed by any such employer within
  575  the next calendar month, termination will be deemed not to have
  576  occurred, except as provided in s. 121.091(13)(b)4.c. A leave of
  577  absence shall constitute a continuation of the employment
  578  relationship.
  579         2. For termination dates occurring on or after July 1,
  580  2010, if the member participant becomes employed by any such
  581  employer within the next 6 calendar months, termination will be
  582  deemed not to have occurred, except as provided in s.
  583  121.091(13)(b)4.c. A leave of absence constitutes a continuation
  584  of the employment relationship.
  585         (c) Effective July 1, 2011, “termination” or “terminated”
  586  means for a member receiving a refund of employee contributions
  587  that the member ceases all employment relationships with a
  588  participating employer for 3 calendar months. A leave of absence
  589  for less than 3 calendar months constitutes a continuation of an
  590  employment relationship.
  591         (45)
  592         (b) Effective July 1, 2001, a 6-year vesting requirement
  593  shall be implemented for the defined benefit program of the
  594  Florida Retirement System’s pension plan System. Pursuant
  595  thereto:
  596         1. Any member employed in a regularly established position
  597  on July 1, 2001, who completes or has completed a total of 6
  598  years of creditable service is shall be considered vested as
  599  described in paragraph (a).
  600         2. Any member not employed in a regularly established
  601  position on July 1, 2001, shall be deemed vested upon completion
  602  of 6 years of creditable service if, provided that such member
  603  is employed in a covered position for at least 1 work year after
  604  July 1, 2001. However, a no member may not shall be required to
  605  complete more years of creditable service than would have been
  606  required for that member to vest under retirement laws in effect
  607  before July 1, 2001.
  608         (55) “Benefit” means any pension payment, lump-sum or
  609  periodic, to a member, retiree, or beneficiary, based partially
  610  or entirely on employer and employee contributions as
  611  applicable.
  612         (59) “Payee” means a retiree or beneficiary of a retiree
  613  who has received or is receiving a retirement benefit payment.
  614         (65) “Division” means the Division of Retirement in the
  615  department.
  616         Section 7. Paragraphs (b), (c), and (d) of subsection (2)
  617  of section 121.051, Florida Statutes, are amended, present
  618  paragraphs (e) and (f) of that subsection are redesignated as
  619  subsections (f) and (g), respectively, a new subsection (e) is
  620  added to that subsection, and subsection (3) of that section is
  621  amended, to read:
  622         121.051 Participation in the system.—
  623         (2) OPTIONAL PARTICIPATION.—
  624         (b)1. The governing body of any municipality, metropolitan
  625  planning organization, or special district in the state may
  626  elect to participate in the Florida Retirement System upon
  627  proper application to the administrator and may cover all or any
  628  of its units as approved by the Secretary of Health and Human
  629  Services and the administrator. The department shall adopt rules
  630  establishing procedures provisions for the submission of
  631  documents necessary for such application. Before Prior to being
  632  approved for participation in the Florida Retirement System, the
  633  governing body of a any such municipality, metropolitan planning
  634  organization, or special district that has a local retirement
  635  system must shall submit to the administrator a certified
  636  financial statement showing the condition of the local
  637  retirement system as of a date within 3 months before prior to
  638  the proposed effective date of membership in the Florida
  639  Retirement System. The statement must be certified by a
  640  recognized accounting firm that is independent of the local
  641  retirement system. All required documents necessary for
  642  extending Florida Retirement System coverage must be received by
  643  the department for consideration at least 15 days before prior
  644  to the proposed effective date of coverage. If the governing
  645  body municipality, metropolitan planning organization, or
  646  special district does not comply with this requirement, the
  647  department may require that the effective date of coverage be
  648  changed.
  649         2. A municipality Any city, metropolitan planning
  650  organization, or special district that has an existing
  651  retirement system covering the employees in the units that are
  652  to be brought under the Florida Retirement System may
  653  participate only after holding a referendum in which all
  654  employees in the affected units have the right to participate.
  655  Only those employees electing coverage under the Florida
  656  Retirement System by affirmative vote in the said referendum are
  657  shall be eligible for coverage under this chapter, and those not
  658  participating or electing not to be covered by the Florida
  659  Retirement System shall remain in their present systems and are
  660  shall not be eligible for coverage under this chapter. After the
  661  referendum is held, all future employees are shall be compulsory
  662  members of the Florida Retirement System.
  663         3. At the time of joining the Florida Retirement System,
  664  the governing body of a municipality any city, metropolitan
  665  planning organization, or special district complying with
  666  subparagraph 1. may elect to provide, or not provide, benefits
  667  based on past service of officers and employees as described in
  668  s. 121.081(1). However, if such employer elects to provide past
  669  service benefits, such benefits must be provided for all
  670  officers and employees of its covered group.
  671         4. Once this election is made and approved it may not be
  672  revoked, except pursuant to subparagraphs 5. and 6., and all
  673  present officers and employees electing coverage under this
  674  chapter and all future officers and employees are shall be
  675  compulsory members of the Florida Retirement System.
  676         5. Subject to the conditions set forth in subparagraph 6.,
  677  the governing body of a any hospital licensed under chapter 395
  678  which is governed by the board of a special district as defined
  679  in s. 189.403(1) or by the board of trustees of a public health
  680  trust created under s. 154.07, hereinafter referred to as
  681  “hospital district,” and which participates in the Florida
  682  Retirement System, may elect to cease participation in the
  683  system with regard to future employees in accordance with the
  684  following procedure:
  685         a.  No more than 30 days and at least 7 days before
  686  adopting a resolution to partially withdraw from the Florida
  687  Retirement system and establish an alternative retirement plan
  688  for future employees, a public hearing must be held on the
  689  proposed withdrawal and proposed alternative plan.
  690         b. From 7 to 15 days before such hearing, notice of intent
  691  to withdraw, specifying the time and place of the hearing, must
  692  be provided in writing to employees of the hospital district
  693  proposing partial withdrawal and must be published in a
  694  newspaper of general circulation in the area affected, as
  695  provided by ss. 50.011-50.031. Proof of publication must of such
  696  notice shall be submitted to the department of Management
  697  Services.
  698         c. The governing body of a any hospital district seeking to
  699  partially withdraw from the system must, before such hearing,
  700  have an actuarial report prepared and certified by an enrolled
  701  actuary, as defined in s. 112.625(3), illustrating the cost to
  702  the hospital district of providing, through the retirement plan
  703  that the hospital district is to adopt, benefits for new
  704  employees comparable to those provided under the Florida
  705  Retirement system.
  706         d. Upon meeting all applicable requirements of this
  707  subparagraph, and subject to the conditions set forth in
  708  subparagraph 6., partial withdrawal from the system and adoption
  709  of the alternative retirement plan may be accomplished by
  710  resolution duly adopted by the hospital district board. The
  711  hospital district board must provide written notice of such
  712  withdrawal to the division by mailing a copy of the resolution
  713  to the division, postmarked by no later than December 15, 1995.
  714  The withdrawal shall take effect January 1, 1996.
  715         6. Following the adoption of a resolution under sub
  716  subparagraph 5.d., all employees of the withdrawing hospital
  717  district who were members of participants in the Florida
  718  Retirement system before prior to January 1, 1996, shall remain
  719  as members of participants in the system for as long as they are
  720  employees of the hospital district, and all rights, duties, and
  721  obligations between the hospital district, the system, and the
  722  employees shall remain in full force and effect. Any employee
  723  who is hired or appointed on or after January 1, 1996, may not
  724  participate in the Florida Retirement system, and the
  725  withdrawing hospital district has shall have no obligation to
  726  the system with respect to such employees.
  727         (c) Employees of public community colleges or charter
  728  technical career centers sponsored by public community colleges,
  729  designated in s. 1000.21(3), who are members of the Regular
  730  Class of the Florida Retirement System and who comply with the
  731  criteria set forth in this paragraph and s. 1012.875 may, in
  732  lieu of participating in the Florida Retirement System, elect to
  733  withdraw from the system altogether and participate in the State
  734  Community College System Optional Retirement Program provided by
  735  the employing agency under s. 1012.875.
  736         1. Through June 30, 2001, the cost to the employer for a
  737  benefit under the optional retirement program such annuity
  738  equals the normal cost portion of the employer retirement
  739  contribution which would be required if the employee were a
  740  member of the Regular Class pension plan defined benefit
  741  program, plus the portion of the contribution rate required by
  742  s. 112.363(8) which would otherwise be assigned to the Retiree
  743  Health Insurance Subsidy Trust Fund. Effective July 1, 2001,
  744  each employer shall contribute on behalf of each member of
  745  participant in the optional program an amount equal to 10.43
  746  percent of the employee’s participant’s gross monthly
  747  compensation. The employer shall deduct an amount for the
  748  administration of the program. The employer shall contribute an
  749  additional amount to the Florida Retirement System Trust Fund
  750  equal to the unfunded actuarial accrued liability portion of the
  751  Regular Class contribution rate.
  752         2. The decision to participate in the an optional
  753  retirement program is irrevocable as long as the employee holds
  754  a position eligible for participation, except as provided in
  755  subparagraph 3. Any service creditable under the Florida
  756  Retirement System is retained after the member withdraws from
  757  the system; however, additional service credit in the system may
  758  not be earned while a member of the optional retirement program.
  759         3. An employee who has elected to participate in the
  760  optional retirement program shall have one opportunity, at the
  761  employee’s discretion, to transfer from the optional retirement
  762  program to the defined benefit program of the Florida Retirement
  763  System’s pension plan System or to the investment plan
  764  established under part II of this chapter Public Employee
  765  Optional Retirement Program, subject to the terms of the
  766  applicable optional retirement program contracts.
  767         a. If the employee chooses to move to the investment plan
  768  Public Employee Optional Retirement program, any contributions,
  769  interest, and earnings creditable to the employee under the
  770  State Community College System optional retirement program are
  771  retained by the employee in the State Community College System
  772  optional retirement program, and the applicable provisions of s.
  773  121.4501(4) govern the election.
  774         b. If the employee chooses to move to the pension plan
  775  defined benefit program of the Florida Retirement System, the
  776  employee shall receive service credit equal to his or her years
  777  of service under the State Community College System optional
  778  retirement program.
  779         (I) The cost for such credit is the amount representing the
  780  present value of the employee’s accumulated benefit obligation
  781  for the affected period of service. The cost shall be calculated
  782  as if the benefit commencement occurs on the first date the
  783  employee becomes eligible for unreduced benefits, using the
  784  discount rate and other relevant actuarial assumptions that were
  785  used to value the pension Florida Retirement System defined
  786  benefit plan liabilities in the most recent actuarial valuation.
  787  The calculation must include any service already maintained
  788  under the pension defined benefit plan in addition to the years
  789  under the State Community College System optional retirement
  790  program. The present value of any service already maintained
  791  must be applied as a credit to total cost resulting from the
  792  calculation. The division shall ensure that the transfer sum is
  793  prepared using a formula and methodology certified by an
  794  enrolled actuary.
  795         (II) The employee must transfer from his or her State
  796  Community College System optional retirement program account and
  797  from other employee moneys as necessary, a sum representing the
  798  present value of the employee’s accumulated benefit obligation
  799  immediately following the time of such movement, determined
  800  assuming that attained service equals the sum of service in the
  801  pension plan defined benefit program and service in the State
  802  Community College System optional retirement program.
  803         4. Participation in the optional retirement program is
  804  limited to employees who satisfy the following eligibility
  805  criteria:
  806         a. The employee is must be otherwise eligible for
  807  membership or renewed membership in the Regular Class of the
  808  Florida Retirement System, as provided in s. 121.021(11) and
  809  (12) or s. 121.122.
  810         b. The employee is must be employed in a full-time position
  811  classified in the Accounting Manual for Florida’s Public
  812  Community Colleges as:
  813         (I) Instructional; or
  814         (II) Executive Management, Instructional Management, or
  815  Institutional Management, and the, if a community college
  816  determines that recruiting to fill a vacancy in the position is
  817  to be conducted in the national or regional market, and the
  818  duties and responsibilities of the position include the
  819  formulation, interpretation, or implementation of policies, or
  820  the performance of functions that are unique or specialized
  821  within higher education and that frequently support the mission
  822  of the community college.
  823         c. The employee is must be employed in a position not
  824  included in the Senior Management Service Class of the Florida
  825  Retirement System, as described in s. 121.055.
  826         5. Members of Participants in the program are subject to
  827  the same reemployment limitations, renewed membership
  828  provisions, and forfeiture provisions as are applicable to
  829  regular members of the Florida Retirement System under ss.
  830  121.091(9), 121.122, and 121.091(5), respectively. A member
  831  participant who receives a program distribution funded by
  832  employer contributions is shall be deemed to be retired from a
  833  state-administered retirement system if the retiree participant
  834  is subsequently employed with an employer that participates in
  835  the Florida Retirement System.
  836         6. Eligible community college employees are compulsory
  837  members of the Florida Retirement System until, pursuant to s.
  838  1012.875, a written election to withdraw from the system and
  839  participate in the State Community College System optional
  840  retirement program is filed with the program administrator and
  841  received by the division.
  842         a. A community college employee whose program eligibility
  843  results from initial employment shall must be enrolled in the
  844  State Community College System optional retirement program
  845  retroactive to the first day of eligible employment. The
  846  employer retirement contributions paid through the month of the
  847  employee plan change shall be transferred to the community
  848  college to the employee’s optional program account, and,
  849  effective the first day of the next month, the employer shall
  850  pay the applicable contributions based upon subparagraph 1.
  851         b. A community college employee whose program eligibility
  852  is due to the subsequent designation of the employee’s position
  853  as one of those specified in subparagraph 4., or due to the
  854  employee’s appointment, promotion, transfer, or reclassification
  855  to a position specified in subparagraph 4., must be enrolled in
  856  the program on the first day of the first full calendar month
  857  that such change in status becomes effective. The employer
  858  retirement contributions paid from the effective date through
  859  the month of the employee plan change must be transferred to the
  860  community college to the employee’s optional program account,
  861  and, effective the first day of the next month, the employer
  862  shall pay the applicable contributions based upon subparagraph
  863  1.
  864         7. Effective July 1, 2003, through December 31, 2008, any
  865  member participant of the State Community College System
  866  optional retirement program who has service credit in the
  867  pension defined benefit plan of the Florida Retirement System
  868  for the period between his or her first eligibility to transfer
  869  from the pension defined benefit plan to the optional retirement
  870  program and the actual date of transfer may, during employment,
  871  transfer to the optional retirement program a sum representing
  872  the present value of the accumulated benefit obligation under
  873  the pension plan defined benefit retirement program for the
  874  period of service credit. Upon transfer, all service credit
  875  previously earned under the pension plan defined benefit program
  876  of the Florida Retirement System during this period is nullified
  877  for purposes of entitlement to a future benefit under the
  878  pension plan defined benefit program of the Florida Retirement
  879  System.
  880         (d) The governing body of a charter school or a charter
  881  technical career center may elect to participate in the system
  882  upon proper application to the administrator and shall cover its
  883  units as approved by the Secretary of Health and Human Services
  884  and the administrator. Once this election is made and approved,
  885  it may not be revoked, and all present officers and employees
  886  selecting coverage under this chapter and all future officers
  887  and employees shall be compulsory members of the Florida
  888  Retirement System.
  889         (e) All eligible employees initially enrolled on or after
  890  July 1, 2011, except those who are eligible to and elect to
  891  enroll in an optional retirement program established under s.
  892  121.055(6), s. 121.35, or s. 1012.875, or those who qualify for
  893  special risk membership pursuant to s. 121.0515, are compulsory
  894  members of the investment plan and membership in the pension
  895  plan is not permitted except as provided in s. 121.591. Such
  896  employees may not use the election opportunity specified in s.
  897  121.4501(4)(e).
  898         (3) SOCIAL SECURITY COVERAGE.—Social security coverage
  899  shall be provided for all officers and employees who become
  900  members under the provisions of subsection (1) or subsection
  901  (2). Any modification of the present agreement with the Social
  902  Security Administration, or referendum required under the Social
  903  Security Act, for the purpose of providing social security
  904  coverage for any member shall be requested by the state agency
  905  in compliance with the applicable provisions of the Social
  906  Security Act governing such coverage. However, retroactive
  907  social security coverage for service prior to December 1, 1970,
  908  with the employer before December 1, 1970, may shall not be
  909  provided for a any member who was not covered under the
  910  agreement as of November 30, 1970. The employer-paid employee
  911  contributions specified in s. 121.71(2) are subject to taxes
  912  imposed under the Federal Insurance Contributions Act, 26 U.S.C.
  913  ss. 3101-3128.
  914         Section 8. Paragraph (b) of subsection (5), paragraph (a)
  915  of subsection (7), and paragraph (c) of subsection (9) of
  916  section 121.0515, Florida Statutes, are amended to read:
  917         121.0515 Special risk membership.—
  918         (5) CREDIT FOR PAST SERVICE.—A special risk member may
  919  purchase retirement credit in the Special Risk Class based upon
  920  past service, and may upgrade retirement credit for such past
  921  service, to the extent of 2 percent of the member’s average
  922  monthly compensation as specified in s. 121.091(1)(a) for such
  923  service as follows:
  924         (b) Contributions for upgrading the additional special risk
  925  credit are pursuant to this subsection shall be equal to the
  926  difference in the employer and, if applicable, employee
  927  contributions paid and the special risk percentage rate of gross
  928  salary in effect at the time of purchase for the period being
  929  claimed, plus interest thereon at the rate of 4 percent a year
  930  compounded annually from the date of such service until July 1,
  931  1975, and 6.5 percent a year thereafter until the date of
  932  payment. This Past service may be purchased by the member or by
  933  the employer on behalf of the member.
  934         (7) RETENTION OF SPECIAL RISK NORMAL RETIREMENT DATE.—
  935         (a) A special risk member who is moved or reassigned to a
  936  nonspecial risk law enforcement, firefighting, correctional, or
  937  emergency medical care administrative support position within
  938  with the same agency, or who is subsequently employed in such a
  939  position with any law enforcement, firefighting, correctional,
  940  or emergency medical care agency under the Florida Retirement
  941  System, shall participate in the Special Risk Administrative
  942  Support Class and shall earn credit for such service at the same
  943  percentage rate as that earned by a regular member.
  944  Notwithstanding the provisions of subsection (4), service in
  945  such an administrative support position shall, for purposes of
  946  s. 121.091, applies apply toward satisfaction of the special
  947  risk normal retirement date, as defined in s. 121.021(29)(b) if,
  948  provided that, while in such position, the member remains
  949  certified as a law enforcement officer, firefighter,
  950  correctional officer, emergency medical technician, or
  951  paramedic; remains subject to reassignment at any time to a
  952  position qualifying for special risk membership; and completes
  953  an aggregate of 6 or more years of service as a designated
  954  special risk member before prior to retirement.
  955         (9) CREDIT FOR UPGRADED SERVICE.—
  956         (c) Any member of the Special Risk Class who has earned
  957  creditable service in another membership class of the Florida
  958  Retirement System in a position with the Department of Law
  959  Enforcement or the Division of State Fire Marshal and became
  960  covered by the Special Risk Class as described in paragraph
  961  (2)(i), or with a local government law enforcement agency or
  962  medical examiner’s office and became covered by the Special Risk
  963  Class as described in paragraph (2)(j), which service is within
  964  the purview of the Special Risk Class, and is employed in such
  965  position on or after July 1, 2008, may purchase additional
  966  retirement credit to upgrade such service to Special Risk Class
  967  service, to the extent of the percentages of the member’s
  968  average final compensation provided in s. 121.091(1)(a)2. The
  969  cost for such credit must shall be an amount representing the
  970  actuarial accrued liability for the difference in accrual value
  971  during the affected period of service. The cost shall be
  972  calculated using the discount rate and other relevant actuarial
  973  assumptions that were used to value the Florida Retirement
  974  System’s pension System defined benefit plan liabilities in the
  975  most recent actuarial valuation. The division shall ensure that
  976  the transfer sum is prepared using a formula and methodology
  977  certified by an enrolled actuary. The cost must be paid
  978  immediately upon notification by the division. The local
  979  government employer may purchase the upgraded service credit on
  980  behalf of the member if the member has been employed by that
  981  employer for at least 3 years.
  982         Section 9. Paragraphs (a) and (d) of subsection (4) and
  983  paragraph (b) of subsection (7) of section 121.052, Florida
  984  Statutes, are amended, present paragraph (c) of subsection (7)
  985  of that section is redesignated as paragraph (d), a new
  986  paragraph (c) is added to that subsection, and subsection (8) of
  987  that section is amended, to read:
  988         121.052 Membership class of elected officers.—
  989         (4) PARTICIPATION BY ELECTED OFFICERS SERVING A SHORTENED
  990  TERM DUE TO APPORTIONMENT, FEDERAL INTERVENTION, ETC.—
  991         (a) An Any duly elected officer whose term of office was
  992  shortened by legislative or judicial apportionment pursuant to
  993  the provisions of s. 16, Art. III of the State Constitution may,
  994  after the term of office to which he or she was elected is
  995  completed, pay into the Florida Retirement System Trust Fund the
  996  amount of contributions that would have been made by the officer
  997  or the officer’s employer on his or her behalf, plus 4 percent
  998  interest compounded annually from the date he or she left office
  999  until July 1, 1975, and 6.5 percent interest compounded annually
 1000  thereafter, and may receive service credit for the length of
 1001  time the officer would have served if such term had not been
 1002  shortened by apportionment.
 1003         (d)1. Any justice or judge, or any retired justice or judge
 1004  who retired before July 1, 1993, who has attained the age of 70
 1005  years and who is prevented under s. 8, Art. V of the State
 1006  Constitution from completing his or her term of office because
 1007  of age may elect to purchase credit for all or a portion of the
 1008  months he or she would have served during the remainder of the
 1009  term of office; however, but he or she may claim those months
 1010  only after the date the service would have occurred. The justice
 1011  or judge must pay into the Florida Retirement System Trust Fund
 1012  the amount of contributions that would have been made by the
 1013  employer on his or her behalf for the period of time being
 1014  claimed, plus 6.5 percent interest thereon compounded each June
 1015  30 from the date he or she left office, in order to receive
 1016  service credit in this class for the period of time being
 1017  claimed. After the date the service would have occurred, and
 1018  upon payment of the required contributions, the retirement
 1019  benefit of a retired justice or judge shall will be adjusted
 1020  prospectively to include the this additional creditable service;
 1021  however, such adjustment may be made only once.
 1022         2. Any justice or judge who does not seek election to a
 1023  subsequent term of office because he or she would be prevented
 1024  under s. 8, Art. V of the State Constitution from completing
 1025  such term of office upon attaining the age of 70 years may elect
 1026  to purchase service credit for service as a temporary judge as
 1027  assigned by the court if the temporary assignment follows
 1028  immediately follows the last full term of office served and the
 1029  purchase is limited to the number of months of service needed to
 1030  vest retirement benefits. To receive retirement credit for such
 1031  temporary service beyond termination, the justice or judge must
 1032  pay into the Florida Retirement System Trust Fund the amount of
 1033  contributions that would have been made by the justice or judge
 1034  and the employer on his or her behalf had he or she continued in
 1035  office for the period of time being claimed, plus 6.5 percent
 1036  interest thereon compounded each June 30 from the date he or she
 1037  left office.
 1038         (7) CONTRIBUTIONS.—
 1039         (b) The employer paying the salary of a member of the
 1040  Elected Officers’ Class shall contribute an amount as specified
 1041  in this subsection or s. 121.71, as appropriate, which shall
 1042  constitute the entire employer retirement contribution with
 1043  respect to such member. The employer shall also withhold one
 1044  half of the entire contribution of the member required for
 1045  social security coverage. Effective July 1, 2011, members of the
 1046  Elected Officers’ Class shall pay retirement contributions as
 1047  specified in s. 121.71.
 1048         (c) If a member of the Elected Officers’ Class ceases to
 1049  fill an office covered by this class for 3 calendar months for
 1050  any reason other than retirement and has not been employed in
 1051  any capacity with any participating employer for 3 calendar
 1052  months, the member is entitled to receive a refund of all
 1053  contributions he or she made to the pension plan, subject to the
 1054  restrictions otherwise provided in this chapter. Partial refunds
 1055  are not permitted. The refund may not include any interest
 1056  earnings on contributions to the pension plan. Employer
 1057  contributions made on behalf of the member are not refundable. A
 1058  member may not receive a refund of employee contributions if a
 1059  pending or an approved qualified domestic relations order is
 1060  filed against the member’s retirement account. By obtaining a
 1061  refund of contributions, a member waives all rights under the
 1062  Florida Retirement System, including the health insurance
 1063  subsidy under this subsection, to the service credit represented
 1064  by the refunded contributions, except the right to purchase
 1065  prior service credit in accordance with s. 121.081(2).
 1066         (8) NORMAL RETIREMENT DATE; VESTING REQUIREMENT.—A member
 1067  of the Elected Officers’ Class has shall have the same normal
 1068  retirement date as defined in s. 121.021(29) for a member of the
 1069  regular class of the Florida Retirement System. A Any public
 1070  service commissioner who was removed from the Elected State
 1071  Officers’ Class on July 1, 1979, after attaining at least 8
 1072  years of creditable service in that class is shall be considered
 1073  to have reached the normal retirement date upon attaining the
 1074  required age as provided 62 as required in s. 121.021(29)(a).
 1075         Section 10. Paragraph (a) of subsection (7) of section
 1076  121.053, Florida Statutes, is amended to read:
 1077         121.053 Participation in the Elected Officers’ Class for
 1078  retired members.—
 1079         (7) A member who is elected or appointed to an elective
 1080  office and who is participating in the Deferred Retirement
 1081  Option Program is not subject to termination as defined in s.
 1082  121.021, or reemployment limitations as provided in s.
 1083  121.091(9), until the end of his or her current term of office
 1084  or, if the officer is consecutively elected or reelected to an
 1085  elective office eligible for coverage under the Florida
 1086  Retirement System, until he or she no longer holds an elective
 1087  office, as follows:
 1088         (a) At the end of the 60-month DROP period:
 1089         1. The officer’s DROP account may not accrue additional
 1090  monthly benefits, but does continue to earn interest as provided
 1091  in s. 121.091(13). However, an officer whose DROP participation
 1092  begins on or after July 1, 2010, may not continue to earn such
 1093  interest.
 1094         2. Except for unfunded actuarial liability and health
 1095  insurance subsidy contributions required under ss. 121.71(5) and
 1096  121.76, retirement contributions are not required of the
 1097  employer of the elected officer and additional retirement credit
 1098  may not be earned under the Florida Retirement System.
 1099         Section 11. Paragraphs (b) and (j) of subsection (1),
 1100  paragraph (b) of subsection (3), and paragraphs (c), (d), and
 1101  (e) of subsection (6) of section 121.055, Florida Statutes, are
 1102  amended, present paragraph (c) of subsection (3) of that section
 1103  is redesignated as paragraph (d), and a new paragraph (c) is
 1104  added to that subsection, to read:
 1105         121.055 Senior Management Service Class.—There is hereby
 1106  established a separate class of membership within the Florida
 1107  Retirement System to be known as the “Senior Management Service
 1108  Class,” which shall become effective February 1, 1987.
 1109         (1)
 1110         (b)1. Except as provided in subparagraph 2., effective
 1111  January 1, 1990, participation in the Senior Management Service
 1112  Class is shall be compulsory for the president of each community
 1113  college, the manager of each participating city or county, and
 1114  all appointed district school superintendents. Effective January
 1115  1, 1994, additional positions may be designated for inclusion in
 1116  the Senior Management Service Class if of the Florida Retirement
 1117  System, provided that:
 1118         a. Positions to be included in the class are shall be
 1119  designated by the local agency employer. Notice of intent to
 1120  designate positions for inclusion in the class must shall be
 1121  published once a week for 2 consecutive weeks in a newspaper of
 1122  general circulation published in the county or counties
 1123  affected, as provided under in chapter 50.
 1124         b. Up to 10 nonelective full-time positions may be
 1125  designated for each local agency employer reporting to the
 1126  department of Management Services; for local agencies with 100
 1127  or more regularly established positions, additional nonelective
 1128  full-time positions may be designated, up to not to exceed 1
 1129  percent of the regularly established positions within the
 1130  agency.
 1131         c. Each position added to the class must be a managerial or
 1132  policymaking position filled by an employee who is not subject
 1133  to continuing contract and serves at the pleasure of the local
 1134  agency employer without civil service protection, and who:
 1135         (I) Heads an organizational unit; or
 1136         (II) Has responsibility to effect or recommend personnel,
 1137  budget, expenditure, or policy decisions in his or her areas of
 1138  responsibility.
 1139         2. In lieu of participation in the Senior Management
 1140  Service Class, members of the Senior Management Service class,
 1141  pursuant to the provisions of subparagraph 1., may withdraw from
 1142  the Florida Retirement System altogether. The decision to
 1143  withdraw from the Florida Retirement system is shall be
 1144  irrevocable for as long as the employee holds the such a
 1145  position. Any service creditable under the Senior Management
 1146  Service Class shall be retained after the member withdraws from
 1147  the Florida Retirement system; however, additional service
 1148  credit in the Senior Management Service Class may shall not be
 1149  earned after such withdrawal. Such members are shall not be
 1150  eligible to participate in the Senior Management Service
 1151  Optional Annuity Program.
 1152         3. Effective January 1, 2006, through June 30, 2006, an
 1153  employee who has withdrawn from the Florida Retirement System
 1154  under subparagraph 2. has one opportunity to elect to
 1155  participate in either the pension plan or investment plan
 1156  defined benefit program or the Public Employee Optional
 1157  Retirement Program of the Florida Retirement System.
 1158         a. If the employee elects to participate in the investment
 1159  plan Public Employee Optional Retirement Program, membership is
 1160  shall be prospective, and the applicable provisions of s.
 1161  121.4501(4) shall govern the election.
 1162         b. If the employee elects to participate in the pension
 1163  plan defined benefit program of the Florida Retirement System,
 1164  the employee shall, upon payment to the system trust fund of the
 1165  amount calculated under sub-sub-subparagraph (I), receive
 1166  service credit for prior service based upon the time during
 1167  which the employee had withdrawn from the system.
 1168         (I) The cost for such credit shall be an amount
 1169  representing the actuarial accrued liability for the affected
 1170  period of service. The cost shall be calculated using the
 1171  discount rate and other relevant actuarial assumptions that were
 1172  used to value pension the Florida Retirement System defined
 1173  benefit plan liabilities in the most recent actuarial valuation.
 1174  The calculation must shall include any service already
 1175  maintained under the pension defined benefit plan in addition to
 1176  the period of withdrawal. The actuarial accrued liability
 1177  attributable to any service already maintained under the pension
 1178  defined benefit plan shall be applied as a credit to the total
 1179  cost resulting from the calculation. The division must shall
 1180  ensure that the transfer sum is prepared using a formula and
 1181  methodology certified by an actuary.
 1182         (II) The employee must transfer a sum representing the net
 1183  cost owed for the actuarial accrued liability in sub-sub
 1184  subparagraph (I) immediately following the time of such
 1185  movement, determined assuming that attained service equals the
 1186  sum of service in the pension plan defined benefit program and
 1187  the period of withdrawal.
 1188         (j) Except as may otherwise be provided, a any member of
 1189  the Senior Management Service Class may purchase additional
 1190  retirement credit in such class for creditable service within
 1191  the purview of the Senior Management Service Class retroactive
 1192  to February 1, 1987, and may upgrade retirement credit for such
 1193  service, to the extent of 2 percent of the member’s average
 1194  monthly compensation as specified in paragraph (4)(d) for such
 1195  service. Contributions for upgrading the additional Senior
 1196  Management Service credit are pursuant to this paragraph shall
 1197  be equal to the difference in the employer and, if applicable,
 1198  employee contributions paid and the Senior Management Service
 1199  Class contribution rate as a percentage of gross salary in
 1200  effect for the period being claimed, plus interest thereon at
 1201  the rate of 6.5 percent a year, compounded annually until the
 1202  date of payment. The This service credit may be purchased by the
 1203  employer on behalf of the member.
 1204         (3)
 1205         (b) The employer or member of the Senior Management Service
 1206  Class, as applicable, paying the salary of a member of the
 1207  Senior Management Service Class shall contribute an amount as
 1208  specified in this section or s. 121.71, as appropriate, which
 1209  shall constitute the entire employer retirement contribution
 1210  with respect to such member. The employer shall also withhold
 1211  one-half of the entire contribution of the member required for
 1212  social security coverage. Effective July 1, 2011, each member
 1213  shall pay employee contributions as specified in s. 121.71.
 1214         (c) Upon termination of employment from all participating
 1215  employers for 3 calendar months as defined in s. 121.021(39)(c)
 1216  for any reason other than retirement, a member may receive a
 1217  refund of all contributions he or she has made to the pension
 1218  plan, subject to the restrictions otherwise provided in this
 1219  chapter. Partial refunds are not permitted. The refund may not
 1220  include any interest earnings on the contributions for a member
 1221  of the pension plan. Employer contributions made on behalf of
 1222  the member are not refundable. A member may not receive a refund
 1223  of employee contributions if a pending or an approved qualified
 1224  domestic relations order is filed against the member’s
 1225  retirement account. By obtaining a refund of contributions, a
 1226  member waives all rights under the Florida Retirement System and
 1227  the health insurance subsidy provided under s. 112.363 to the
 1228  service credit represented by the refunded contributions, except
 1229  the right to purchase prior service credit in accordance with s.
 1230  121.081(2).
 1231         (6)
 1232         (c) Participation.—
 1233         1. An eligible employee who is employed on or before
 1234  February 1, 1987, may elect to participate in the optional
 1235  annuity program in lieu of participating participation in the
 1236  Senior Management Service Class. Such election must be made in
 1237  writing and filed with the department and the personnel officer
 1238  of the employer on or before May 1, 1987. An eligible employee
 1239  who is employed on or before February 1, 1987, and who fails to
 1240  make an election to participate in the optional annuity program
 1241  by May 1, 1987, shall be deemed to have elected membership in
 1242  the Senior Management Service Class.
 1243         2. Except as provided in subparagraph 6., an employee who
 1244  becomes eligible to participate in the optional annuity program
 1245  by reason of initial employment commencing after February 1,
 1246  1987, may, within 90 days after the date of commencing
 1247  employment, elect to participate in the optional annuity
 1248  program. Such election must be made in writing and filed with
 1249  the personnel officer of the employer. An eligible employee who
 1250  does not within 90 days after commencing employment elect to
 1251  participate in the optional annuity program shall be deemed to
 1252  have elected membership in the Senior Management Service Class.
 1253         3. A person who is appointed to a position in the Senior
 1254  Management Service Class and who is a member of an existing
 1255  retirement system or the Special Risk or Special Risk
 1256  Administrative Support Classes of the Florida Retirement System
 1257  may elect to remain in such system or class in lieu of
 1258  participating participation in the Senior Management Service
 1259  Class or optional annuity program. Such election must be made in
 1260  writing and filed with the department and the personnel officer
 1261  of the employer within 90 days after of such appointment. An Any
 1262  eligible employee who fails to make an election to participate
 1263  in the existing system, the Special Risk Class of the Florida
 1264  Retirement System, the Special Risk Administrative Support Class
 1265  of the Florida Retirement System, or the optional annuity
 1266  program shall be deemed to have elected membership in the Senior
 1267  Management Service Class.
 1268         4. Except as provided in subparagraph 5., an employee’s
 1269  election to participate in the optional annuity program is
 1270  irrevocable if the employee continues to be employed in an
 1271  eligible position and continues to meet the eligibility
 1272  requirements set forth in this paragraph.
 1273         5. Effective from July 1, 2002, through September 30, 2002,
 1274  an any active employee in a regularly established position who
 1275  has elected to participate in the Senior Management Service
 1276  Optional Annuity Program has one opportunity to choose to move
 1277  from the Senior Management Service Optional Annuity Program to
 1278  the Florida Retirement System’s pension plan System defined
 1279  benefit program.
 1280         a. The election must be made in writing and must be filed
 1281  with the department and the personnel officer of the employer
 1282  before October 1, 2002, or, in the case of an active employee
 1283  who is on a leave of absence on July 1, 2002, within 90 days
 1284  after the conclusion of the leave of absence. This election is
 1285  irrevocable.
 1286         b. The employee shall receive service credit under the
 1287  pension plan defined benefit program of the Florida Retirement
 1288  System equal to his or her years of service under the Senior
 1289  Management Service Optional Annuity Program. The cost for such
 1290  credit is the amount representing the present value of that
 1291  employee’s accumulated benefit obligation for the affected
 1292  period of service.
 1293         c. The employee must transfer the total accumulated
 1294  employer contributions and earnings on deposit in his or her
 1295  Senior Management Service Optional Annuity Program account. If
 1296  the transferred amount is not sufficient to pay the amount due,
 1297  the employee must pay a sum representing the remainder of the
 1298  amount due. The employee may not retain any employer
 1299  contributions or earnings thereon from the Senior Management
 1300  Service Optional Annuity Program account.
 1301         6. A retiree of a state-administered retirement system who
 1302  is initially reemployed on or after July 1, 2010, may not renew
 1303  membership in the Senior Management Service Optional Annuity
 1304  Program.
 1305         (d) Contributions.—
 1306         1.a. Through June 30, 2001, each employer shall contribute
 1307  on behalf of each member of participant in the Senior Management
 1308  Service Optional Annuity Program an amount equal to the normal
 1309  cost portion of the employer retirement contribution which would
 1310  be required if the employee participant were a Senior Management
 1311  Service Class member of the Florida Retirement System’s pension
 1312  plan System defined benefit program, plus the portion of the
 1313  contribution rate required in s. 112.363(8) which that would
 1314  otherwise be assigned to the Retiree Health Insurance Subsidy
 1315  Trust Fund.
 1316         b. Effective July 1, 2001, each employer shall contribute
 1317  on behalf of each member of participant in the optional annuity
 1318  program an amount equal to 12.49 percent of the employee’s
 1319  participant’s gross monthly compensation.
 1320         c.Effective July 1, 2011, each member of the optional
 1321  annuity program shall contribute an amount equal to the employee
 1322  contribution required in s. 121.71(3). The employer shall
 1323  contribute on behalf of each such employee an amount equal to
 1324  the difference between 12.49 percent of the employee’s gross
 1325  monthly compensation and the amount equal to the employee’s
 1326  required contribution based on the employee’s gross monthly
 1327  compensation.
 1328         d.The department shall deduct an amount approved by the
 1329  Legislature to provide for the administration of this program.
 1330  The Payment of the contributions, including contributions made
 1331  by the employee, to the optional program which is required by
 1332  this subparagraph for each participant shall be made by the
 1333  employer to the department, which shall forward the
 1334  contributions to the designated company or companies contracting
 1335  for payment of benefits for members of the participant under the
 1336  optional annuity program. The department shall deduct an amount
 1337  approved by the Legislature to provide for the administration of
 1338  the program.
 1339         2. Each employer shall contribute on behalf of each member
 1340  of participant in the Senior Management Service Optional Annuity
 1341  Program an amount equal to the unfunded actuarial accrued
 1342  liability portion of the employer contribution which would be
 1343  required for members of the Senior Management Service Class in
 1344  the Florida Retirement System. This contribution shall be paid
 1345  to the department for transfer to the Florida Retirement System
 1346  Trust Fund.
 1347         3. An Optional Annuity Program Trust Fund shall be
 1348  established in the State Treasury and administered by the
 1349  department to make payments to provider companies on behalf of
 1350  the optional annuity program members participants, and to
 1351  transfer the unfunded liability portion of the state optional
 1352  annuity program contributions to the Florida Retirement System
 1353  Trust Fund.
 1354         4. Contributions required for social security by each
 1355  employer and each employee participant, in the amount required
 1356  for social security coverage as now or hereafter may be provided
 1357  by the federal Social Security Act, shall be maintained for each
 1358  member of participant in the Senior Management Service
 1359  retirement program and are shall be in addition to the
 1360  retirement contributions specified in this paragraph.
 1361         5. Each member of participant in the Senior Management
 1362  Service optional annuity program may contribute by way of salary
 1363  reduction or deduction a percentage amount of the employee’s
 1364  participant’s gross compensation not to exceed the percentage
 1365  amount contributed by the employer to the optional annuity
 1366  program. Payment of the employee’s participant’s contributions
 1367  shall be made by the employer to the department, which shall
 1368  forward the contributions to the designated company or companies
 1369  contracting for payment of benefits for members the participant
 1370  under the program.
 1371         (e) Benefits.—
 1372         1. Benefits under the Senior Management Service Optional
 1373  Annuity Program are payable only to members of participants in
 1374  the program, or their beneficiaries as designated by the member
 1375  participant in the contract with the provider company, and must
 1376  be paid by the designated company in accordance with the terms
 1377  of the annuity contract applicable to the member participant. A
 1378  member participant must be terminated from all employment
 1379  relationships with Florida Retirement System employers as
 1380  provided in s. 121.021(39) to begin receiving the employer
 1381  funded and employee-funded benefit. Benefits funded by employer
 1382  and employee contributions are payable under the terms of the
 1383  contract to the member participant, his or her beneficiary, or
 1384  his or her estate, in addition to:
 1385         a. A lump-sum payment to the beneficiary upon the death of
 1386  the member participant;
 1387         b. A cash-out of a de minimis account upon the request of a
 1388  former member participant who has been terminated for a minimum
 1389  of 6 calendar months from the employment that entitled him or
 1390  her to optional annuity program participation. Such cash-out
 1391  must be a complete liquidation of the account balance with that
 1392  company and is subject to the Internal Revenue Code;
 1393         c. A mandatory distribution of a de minimis account of a
 1394  former member participant who has been terminated for a minimum
 1395  of 6 calendar months from the employment that entitled him or
 1396  her to optional annuity program participation as authorized by
 1397  the department; or
 1398         d. A lump-sum direct rollover distribution whereby all
 1399  accrued benefits, plus interest and investment earnings, are
 1400  paid from the member’s participant’s account directly to the
 1401  custodian of an eligible retirement plan, as defined in s.
 1402  402(c)(8)(B) of the Internal Revenue Code, on behalf of the
 1403  member participant.
 1404         2. Benefits are not payable for employee hardships,
 1405  unforeseeable emergencies, loans, medical expenses, educational
 1406  expenses, purchase of a principal residence, payments necessary
 1407  to prevent eviction or foreclosure on an employee’s principal
 1408  residence, or any other reason before termination from all
 1409  employment relationships with participating employers, as
 1410  provided in s. 121.021(39).
 1411         3.2. The benefits payable to any person under the Senior
 1412  Management Service optional annuity program, and any
 1413  contribution accumulated under such program, are not subject to
 1414  assignment, execution, or attachment or to any legal process
 1415  whatsoever.
 1416         4.3. Except as provided in subparagraph 5. 4., a member
 1417  participant who terminates employment and receives a
 1418  distribution, including a rollover or trustee-to-trustee
 1419  transfer, funded by employer or employee contributions is shall
 1420  be deemed to be retired from a state-administered retirement
 1421  system if the retiree participant is subsequently employed with
 1422  an employer that participates in the Florida Retirement System.
 1423         5.4. A member participant who receives optional annuity
 1424  program benefits funded by employer or employee contributions as
 1425  a mandatory distribution of a de minimis account authorized by
 1426  the department is not considered a retiree.
 1427  
 1428  As used in this paragraph, a “de minimis account” means an
 1429  account with a provider company containing employer or employee
 1430  contributions and accumulated earnings of not more than $5,000
 1431  made under this chapter.
 1432         Section 12. Subsections (2) and (5) and paragraph (c) of
 1433  subsection (6) of section 121.071, Florida Statutes, are
 1434  amended, present paragraph (d) of subsection (6) of that section
 1435  is redesignated as paragraph (e), and a new paragraph (d) is
 1436  added to that subsection, to read:
 1437         121.071 Contributions.—Contributions to the system shall be
 1438  made as follows:
 1439         (2)(a) Effective January 1, 1975, or October 1, 1975, as
 1440  applicable, and through June 30, 2011, each employer shall make
 1441  accomplish the contribution required by subsection (1) by a
 1442  procedure in which no employee’s gross salary is shall be
 1443  reduced. Effective July 1, 2011, each employee, and his or her
 1444  employer, shall pay retirement contributions as specified in s.
 1445  121.71.
 1446         (b) Upon termination of employment from all participating
 1447  employers for 3 calendar months as defined in s. 121.021(39)(c)
 1448  for any reason other than retirement, a member may receive a
 1449  shall be entitled to a full refund of all the contributions he
 1450  or she has made to the pension prior or subsequent to
 1451  participation in the noncontributory plan, subject to the
 1452  restrictions otherwise provided in this chapter. Partial refunds
 1453  are not permitted. The refund may not include any interest
 1454  earnings on the contributions for a member of the pension plan.
 1455  Employer contributions made on behalf of the member are not
 1456  refundable. A member may not receive a refund of employee
 1457  contributions if a pending or an approved qualified domestic
 1458  relations order is filed against his or her retirement account.
 1459  By obtaining a refund of contributions, a member waives all
 1460  rights under the Florida Retirement System and the health
 1461  insurance subsidy to the service credit represented by the
 1462  refunded contributions, except the right to purchase prior
 1463  service credit in accordance with s. 121.081(2).
 1464         (5) Contributions made in accordance with subsections (1),
 1465  (2), (3), and (4), and s. 121.71 shall be paid by the employer
 1466  into the system trust funds in accordance with rules adopted by
 1467  the administrator pursuant to chapter 120, except as may be
 1468  otherwise specified herein. Effective July 1, 2002,
 1469  contributions paid under subsections (1) and (4) and
 1470  accompanying payroll data are due and payable by no later than
 1471  the 5th working day of the month immediately following the month
 1472  during which the payroll period ended.
 1473         (6)
 1474         (c) By obtaining a refund of contributions, a member waives
 1475  all rights under the Florida Retirement System, including the
 1476  health insurance subsidy under subsection (4), to the service
 1477  credit represented by the refunded contributions, except the
 1478  right to purchase his or her prior service credit in accordance
 1479  with s. 121.081(2).
 1480         (d) If a member or former member of the pension plan
 1481  receives an invalid refund from the Florida Retirement System
 1482  Trust Fund, such person must repay the full amount of the
 1483  refund, plus interest at 6.5 percent compounded annually on each
 1484  June 30 from the date of refund until full repayment is made.
 1485  The invalid refund must be repaid before the member retires or,
 1486  if applicable, transfers to the investment plan.
 1487         Section 13. Paragraphs (b) and (c) of subsection (1) and
 1488  subsection (2) of section 121.081, Florida Statutes, are amended
 1489  to read:
 1490         121.081 Past service; prior service; contributions.
 1491  Conditions under which past service or prior service may be
 1492  claimed and credited are:
 1493         (1)
 1494         (b) Past service earned after January 1, 1975, may be
 1495  claimed by officers or employees of a municipality, metropolitan
 1496  planning organization, charter school, charter technical career
 1497  center, or special district who become a covered group under
 1498  this system. The governing body of a covered group may elect to
 1499  provide benefits for past service earned after January 1, 1975,
 1500  in accordance with this chapter., and The cost for such past
 1501  service is established by applying the following formula: The
 1502  employer shall contribute an amount equal to the employer or
 1503  employee contribution rate in effect at the time the service was
 1504  earned, as applicable, multiplied by the employee’s gross salary
 1505  for each year of past service claimed, plus 6.5 percent 6.5
 1506  percent interest thereon, compounded annually, for figured on
 1507  each year of past service, with interest compounded from date of
 1508  annual salary earned until date of payment.
 1509         (c) If an Should the employer does not elect to provide
 1510  past service for the member on the date of joining the system,
 1511  then the member may claim and pay for the service as provided in
 1512  same, based on paragraphs (a) and (b).
 1513         (2) Prior service, as defined in s. 121.021(19), may be
 1514  claimed as creditable service under the Florida Retirement
 1515  System after a member has been reemployed for 1 complete year of
 1516  creditable service within a period of 12 consecutive months,
 1517  except as provided in paragraph (c). Service performed as a
 1518  member participant of the optional retirement program for the
 1519  State University System under s. 121.35 or the Senior Management
 1520  Service Optional Annuity Program under s. 121.055 may be used to
 1521  satisfy the reemployment requirement of 1 complete year of
 1522  creditable service. The member may shall not be permitted to
 1523  make any contributions for prior service until after completion
 1524  of the 1 year of creditable service. If a member does not wish
 1525  to claim credit for all of his or her prior service, the service
 1526  the member claims must be the most recent period of service. The
 1527  required contributions for claiming the various types of prior
 1528  service are:
 1529         (a) For prior service performed before prior to the date
 1530  the system becomes noncontributory for the member and for which
 1531  the member had credit under one of the existing retirement
 1532  systems and received a refund of contributions upon termination
 1533  of employment, the member shall contribute 4 percent of all
 1534  salary received during the period being claimed, plus 4 percent
 1535  4-percent interest compounded annually from date of refund until
 1536  July 1, 1975, and 6.5 percent 6.5-percent interest compounded
 1537  annually thereafter, until full payment is made to the Florida
 1538  Retirement System Trust Fund, and shall receive credit in the
 1539  Regular Class. A member who elected to transfer to the Florida
 1540  Retirement System from an existing system may receive credit for
 1541  prior service under the existing system if he or she was
 1542  eligible under the existing system to claim the prior service at
 1543  the time of the transfer. Contributions for such prior service
 1544  shall be determined by the applicable provisions of the system
 1545  under which the prior service is claimed and shall be paid by
 1546  the member, with matching contributions paid by the employer at
 1547  the time the service was performed. Effective July 1, 1978, the
 1548  account of a person who terminated under s. 238.05(3) may not be
 1549  charged interest for contributions that remained on deposit in
 1550  the Annuity Savings Trust Fund established under chapter 238,
 1551  upon retirement under this chapter or chapter 238.
 1552         (b) For prior service performed before prior to the date
 1553  the system becomes noncontributory for the member and for which
 1554  the member had credit under the Florida Retirement System and
 1555  received a refund of contributions upon termination of
 1556  employment, the member shall contribute at the rate that was
 1557  required of him or her during the period of service being
 1558  claimed, on all salary received during such period, plus 4
 1559  percent 4-percent interest compounded annually from date of
 1560  refund until July 1, 1975, and 6.5 percent 6.5-percent interest
 1561  compounded annually thereafter, until the full payment is made
 1562  to the Florida Retirement System Trust Fund, and shall receive
 1563  credit in the membership class in which the member participated
 1564  during the period claimed.
 1565         (c) For prior service as defined in s. 121.021(19)(b) and
 1566  (c) during which no contributions were made because the member
 1567  did not participate in a retirement system, the member shall
 1568  contribute 14.38 percent of all salary received during such
 1569  period or 14.38 percent of $100 per month during such period,
 1570  whichever is greater, plus 4 percent 4-percent interest
 1571  compounded annually from the first year of service claimed until
 1572  July 1, 1975, and 6.5 percent 6.5-percent interest compounded
 1573  annually thereafter, until full payment is made to the
 1574  Retirement Trust Fund, and shall receive credit in the Regular
 1575  Class.
 1576         (d) In order to claim credit for prior service as defined
 1577  in s. 121.021(19)(d) for which no retirement contributions were
 1578  paid during the period of such service, the member shall
 1579  contribute the total employee and employer contributions which
 1580  were required to be made to the Highway Patrol Pension Trust
 1581  Fund, as provided in chapter 321, during the period claimed,
 1582  plus 4 percent 4-percent interest compounded annually from the
 1583  first year of service until July 1, 1975, and 6.5 percent 6.5
 1584  percent interest compounded annually thereafter, until full
 1585  payment is made to the Retirement Trust Fund. However, any
 1586  governmental entity that which employed such member may elect to
 1587  pay up to 50 percent of the contributions and interest required
 1588  to purchase the this prior service credit. The service shall be
 1589  credited in accordance with the provisions of the Highway Patrol
 1590  Pension Plan in effect during the period claimed unless the
 1591  member terminated and withdrew his or her retirement
 1592  contributions and was thereafter enrolled in the State and
 1593  County Officers and Employees’ Retirement System or the Florida
 1594  Retirement System, in which case the service shall be credited
 1595  as Regular Class service.
 1596         (e) For service performed under the Florida Retirement
 1597  System after December 1, 1970, which that was never reported to
 1598  the division or the department due to error, retirement credit
 1599  may be claimed by a member of the Florida Retirement System. The
 1600  department shall adopt rules establishing criteria for claiming
 1601  such credit and detailing the documentation required to
 1602  substantiate the error.
 1603         (f) For prior service performed on or after July 1, 2011,
 1604  for which the member had credit under the Florida Retirement
 1605  System and received a refund of contributions 3 calendar months
 1606  after termination of employment, the member shall contribute at
 1607  the rate that was required during the period of service being
 1608  claimed, plus 6.5 percent interest, compounded annually on each
 1609  June 30 from date of refund until the full payment is made to
 1610  the Florida Retirement System Trust Fund, and shall receive
 1611  credit in the membership class in which the member participated
 1612  during the period claimed.
 1613         (g)(f) The employer may not be required to make
 1614  contributions for prior service credit for any member, except
 1615  that the employer shall pay the employer portion of
 1616  contributions for any legislator who elects to withdraw from the
 1617  Florida Retirement System and later rejoins the system and pays
 1618  any employee contributions required in accordance with s.
 1619  121.052(3)(d).
 1620         Section 14. Paragraph (a) of subsection (3), paragraph (a)
 1621  of subsection (4), paragraphs (a) and (c) of subsection (5),
 1622  paragraph (d) of subsection (9), paragraph (a) of subsection
 1623  (13), and paragraph (d) of subsection (14) of section 121.091,
 1624  Florida Statutes, are amended, and subsection (l) is added to
 1625  subsection (13) of that section, to read:
 1626         121.091 Benefits payable under the system.—Benefits may not
 1627  be paid under this section unless the member has terminated
 1628  employment as provided in s. 121.021(39)(a) or begun
 1629  participation in the Deferred Retirement Option Program as
 1630  provided in subsection (13), and a proper application has been
 1631  filed in the manner prescribed by the department. The department
 1632  may cancel an application for retirement benefits when the
 1633  member or beneficiary fails to timely provide the information
 1634  and documents required by this chapter and the department’s
 1635  rules. The department shall adopt rules establishing procedures
 1636  for application for retirement benefits and for the cancellation
 1637  of such application when the required information or documents
 1638  are not received.
 1639         (3) EARLY RETIREMENT BENEFIT.—Upon retirement on his or her
 1640  early retirement date, the member shall receive an immediate
 1641  monthly benefit that shall begin to accrue on the first day of
 1642  the month of the retirement date and be payable on the last day
 1643  of that month and each month thereafter during his or her
 1644  lifetime. Such benefit shall be calculated as follows:
 1645         (a) The amount of each monthly payment shall be computed in
 1646  the same manner as for a normal retirement benefit, in
 1647  accordance with subsection (1), but shall be based on the
 1648  member’s average monthly compensation and creditable service as
 1649  of the member’s early retirement date. The benefit so computed
 1650  shall be reduced by five-twelfths of 1 percent for each complete
 1651  month by which the early retirement date precedes the normal
 1652  retirement date of age 62 for a member of the Regular Class,
 1653  Senior Management Service Class, or the Elected Officers’ Class,
 1654  and age 55 for a member of the Special Risk Class, or age 52 if
 1655  a Special Risk member has completed 25 years of creditable
 1656  service in accordance with s. 121.021(29)(b)3.
 1657         (4) DISABILITY RETIREMENT BENEFIT.—
 1658         (a) Disability retirement; entitlement and effective date.—
 1659         1.a. A member who becomes totally and permanently disabled,
 1660  as defined in paragraph (b), after completing 5 years of
 1661  creditable service, or a member who becomes totally and
 1662  permanently disabled in the line of duty regardless of service,
 1663  is shall be entitled to a monthly disability benefit; except
 1664  that any member with less than 5 years of creditable service on
 1665  July 1, 1980, or any person who becomes a member of the Florida
 1666  Retirement System on or after such date must have completed 10
 1667  years of creditable service before prior to becoming totally and
 1668  permanently disabled in order to receive disability retirement
 1669  benefits for any disability which occurs other than in the line
 1670  of duty. However, if a member employed on July 1, 1980, having
 1671  with less than 5 years of creditable service as of that date,
 1672  becomes totally and permanently disabled after completing 5
 1673  years of creditable service and is found not to have attained
 1674  fully insured status for benefits under the federal Social
 1675  Security Act, such member is shall be entitled to a monthly
 1676  disability benefit.
 1677         b. Effective July 1, 2001, a member of the pension plan
 1678  defined benefit retirement program who becomes totally and
 1679  permanently disabled, as defined in paragraph (b), after
 1680  completing 8 years of creditable service, or a member who
 1681  becomes totally and permanently disabled in the line of duty
 1682  regardless of service, is shall be entitled to a monthly
 1683  disability benefit.
 1684         2. If the division has received from the employer the
 1685  required documentation of the member’s termination of
 1686  employment, the effective retirement date for a member who
 1687  applies and is approved for disability retirement shall be
 1688  established by rule of the division.
 1689         3. For a member who is receiving Workers’ Compensation
 1690  payments, the effective disability retirement date may not
 1691  precede the date the member reaches Maximum Medical Improvement
 1692  (MMI), unless the member terminates employment before prior to
 1693  reaching MMI.
 1694         (5) TERMINATION BENEFITS.—A member whose employment is
 1695  terminated before prior to retirement retains membership rights
 1696  to previously earned member-noncontributory service credit, and
 1697  to member-contributory service credit, if the member leaves the
 1698  member contributions on deposit in his or her retirement
 1699  account. If a terminated member receives a refund of member
 1700  contributions, such member may reinstate membership rights to
 1701  the previously earned service credit represented by the refund
 1702  by completing 1 year of creditable service and repaying the
 1703  refunded member contributions, plus interest.
 1704         (a) A member whose employment is terminated for any reason
 1705  other than death or retirement before prior to becoming vested
 1706  is entitled to the return of his or her accumulated employee
 1707  contributions as of the date of termination. Effective July 1,
 1708  2011, upon termination of employment from all participating
 1709  employers for 3 calendar months as defined in s. 121.021(39)(c)
 1710  for any reason other than retirement, a member may receive a
 1711  refund of all contributions he or she has made to the pension
 1712  plan, subject to the restrictions otherwise provided in this
 1713  chapter. Partial refunds are not permitted. The refund may not
 1714  include any interest earnings on the contributions for a member
 1715  of the pension plan. Employer contributions made on behalf of
 1716  the member are not refundable. A member may not receive a refund
 1717  of employee contributions if a pending or an approved qualified
 1718  domestic relations order is filed against his or her retirement
 1719  account. By obtaining a refund of contributions, a member waives
 1720  all rights under the Florida Retirement System and the health
 1721  insurance subsidy to the service credit represented by the
 1722  refunded contributions, except the right to purchase prior
 1723  service credit in accordance with s. 121.081(2).
 1724         (c) In lieu of the deferred monthly benefit provided in
 1725  paragraph (b), the terminated member may elect to receive a
 1726  lump-sum amount equal to his or her accumulated employee
 1727  contributions as of the date of termination. Effective July 1,
 1728  2011, upon termination of employment from all participating
 1729  employers for 3 calendar months as defined in s. 121.021(39)(c)
 1730  for any reason other than retirement, a member may receive a
 1731  refund of all contributions he or she has made to the pension
 1732  plan, subject to the restrictions otherwise provided in this
 1733  chapter. Partial refunds are not permitted. The refund may not
 1734  include any interest earnings on the contributions for a member
 1735  of the pension plan. Employer contributions made on behalf of
 1736  the member are not refundable. A member may not receive a refund
 1737  of employee contributions if a pending or an approved qualified
 1738  domestic relations order is filed against his or her retirement
 1739  account. By obtaining a refund of contributions, a member waives
 1740  all rights under the Florida Retirement System and the health
 1741  insurance subsidy to the service credit represented by the
 1742  refunded contributions, except the right to purchase prior
 1743  service credit in accordance with s. 121.081(2).
 1744         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
 1745         (d) The provisions of This subsection applies apply to
 1746  retirees, as defined in s. 121.4501(2), of the Florida Public
 1747  Employee Optional Retirement System Investment Plan Program,
 1748  subject to the following conditions:
 1749         1. The retiree retirees may not be reemployed with an
 1750  employer participating in the Florida Retirement System until
 1751  such person has been retired for 6 calendar months.
 1752         2. A retiree employed in violation of this subsection and
 1753  an employer that employs or appoints such person are jointly and
 1754  severally liable for reimbursement of any benefits paid to the
 1755  retirement trust fund from which the benefits were paid,
 1756  including the Retirement System Trust Fund and the Public
 1757  Employee Optional Retirement Program Trust Fund, as appropriate.
 1758  The employer must have a written statement from the retiree that
 1759  he or she is not retired from a state-administered retirement
 1760  system.
 1761         (13) DEFERRED RETIREMENT OPTION PROGRAM.—In general, and
 1762  subject to this section, the Deferred Retirement Option Program,
 1763  hereinafter referred to as DROP, is a program under which an
 1764  eligible member of the Florida Retirement System may elect to
 1765  participate, deferring receipt of retirement benefits while
 1766  continuing employment with his or her Florida Retirement System
 1767  employer. The deferred monthly benefits shall accrue in the
 1768  Florida Retirement System on behalf of the participant, plus
 1769  interest compounded monthly, for the specified period of the
 1770  DROP participation, as provided in paragraph (c). Upon
 1771  termination of employment, the participant shall receive the
 1772  total DROP benefits and begin to receive the previously
 1773  determined normal retirement benefits. Participation in the DROP
 1774  does not guarantee employment for the specified period of DROP.
 1775  Participation in DROP by an eligible member beyond the initial
 1776  60-month period as authorized in this subsection shall be on an
 1777  annual contractual basis for all participants.
 1778         (a) Eligibility of member to participate in DROP.—All
 1779  active Florida Retirement System members in a regularly
 1780  established position, and all active members of the Teachers’
 1781  Retirement System established in chapter 238 or the State and
 1782  County Officers’ and Employees’ Retirement System established in
 1783  chapter 122, which are consolidated within the Florida
 1784  Retirement System under s. 121.011, are eligible to elect
 1785  participation in DROP if:
 1786         1. The member is not a renewed member under s. 121.122 or a
 1787  member of the State Community College System Optional Retirement
 1788  Program under s. 121.051, the Senior Management Service Optional
 1789  Annuity Program under s. 121.055, or the optional retirement
 1790  program for the State University System under s. 121.35.
 1791         2. Except as provided in subparagraph 6., election to
 1792  participate is made within 12 months immediately following the
 1793  date on which the member first reaches normal retirement date,
 1794  or, for a member who reaches normal retirement date based on
 1795  service before he or she reaches age 62, or age 55 for Special
 1796  Risk Class members, election to participate may be deferred to
 1797  the 12 months immediately following the date the member attains
 1798  age 57, or age 52 for Special Risk Class members. A member who
 1799  delays DROP participation during the 12-month period immediately
 1800  following his or her maximum DROP deferral date, except as
 1801  provided in subparagraph 6., loses a month of DROP participation
 1802  for each month delayed. A member who fails to make an election
 1803  within the 12-month limitation period forfeits all rights to
 1804  participate in DROP. The member shall advise his or her employer
 1805  and the division in writing of the date DROP begins. The
 1806  beginning date may be subsequent to the 12-month election period
 1807  but must be within the original 60-month participation period
 1808  provided in subparagraph (b)1. When establishing eligibility of
 1809  the member to participate in DROP, the member may elect to
 1810  include or exclude any optional service credit purchased by the
 1811  member from the total service used to establish the normal
 1812  retirement date. A member who has dual normal retirement dates
 1813  is eligible to elect to participate in DROP after attaining
 1814  normal retirement date in either class.
 1815         3. The employer of a member electing to participate in
 1816  DROP, or employers if dually employed, shall acknowledge in
 1817  writing to the division the date the member’s participation in
 1818  DROP begins and the date the member’s employment and DROP
 1819  participation terminates will terminate.
 1820         4. Simultaneous employment of a member participant by
 1821  additional Florida Retirement System employers subsequent to the
 1822  commencement of a member’s participation in DROP is permissible
 1823  if such employers acknowledge in writing a DROP termination date
 1824  no later than the member’s participant’s existing termination
 1825  date or the maximum participation period provided in
 1826  subparagraph (b)1.
 1827         5. A member DROP participant may change employers while
 1828  participating in DROP, subject to the following:
 1829         a. A change of employment must take place without a break
 1830  in service so that the member receives salary for each month of
 1831  continuous DROP participation. If a member receives no salary
 1832  during a month, DROP participation ceases shall cease unless the
 1833  employer verifies a continuation of the employment relationship
 1834  for such member participant pursuant to s. 121.021(39)(b).
 1835         b. The member Such participant and new employer shall
 1836  notify the division of the identity of the new employer on forms
 1837  required by the division.
 1838         c. The new employer acknowledges shall acknowledge, in
 1839  writing, the member’s participant’s DROP termination date, which
 1840  may be extended but not beyond the maximum participation period
 1841  provided in subparagraph (b)1., acknowledges shall acknowledge
 1842  liability for any additional retirement contributions and
 1843  interest required if the member participant fails to timely
 1844  terminate employment, and is subject to the adjustment required
 1845  in sub-subparagraph (c)5.d.
 1846         6. Effective July 1, 2001, for instructional personnel as
 1847  defined in s. 1012.01(2), election to participate in DROP may be
 1848  made at any time following the date on which the member first
 1849  reaches normal retirement date. The member shall advise his or
 1850  her employer and the division in writing of the date on which
 1851  DROP begins. When establishing eligibility of the member to
 1852  participate in DROP for the 60-month participation period
 1853  provided in subparagraph (b)1., the member may elect to include
 1854  or exclude any optional service credit purchased by the member
 1855  from the total service used to establish the normal retirement
 1856  date. A member who has dual normal retirement dates is eligible
 1857  to elect to participate in either class.
 1858         7. The effective date for DROP participation is before July
 1859  1, 2011.
 1860         (l) Closure of program to new participants.Effective July
 1861  1, 2011, DROP is closed to new participants. Only members whose
 1862  DROP effective date is before July 1, 2011, may participate in
 1863  DROP.
 1864         (14) PAYMENT OF BENEFITS.—This subsection applies to the
 1865  payment of benefits to a payee (retiree or beneficiary) under
 1866  the Florida Retirement System:
 1867         (d) A payee whose retirement benefits are reduced by the
 1868  application of maximum benefit limits under s. 415(b) of the
 1869  Internal Revenue Code, as specified in s. 121.30(5), shall have
 1870  the portion of his or her calculated benefit in the Florida
 1871  Retirement System’s pension System defined benefit plan which
 1872  exceeds such federal limitation paid through the Florida
 1873  Retirement System Preservation of Benefits Plan, as provided in
 1874  s. 121.1001.
 1875         Section 15. Subsection (1) and paragraph (a) of subsection
 1876  (2) of section 121.1001, Florida Statutes, are amended to read:
 1877         121.1001 Florida Retirement System Preservation of Benefits
 1878  Plan.—Effective July 1, 1999, the Florida Retirement System
 1879  Preservation of Benefits Plan is established as a qualified
 1880  governmental excess benefit arrangement pursuant to s. 415(m) of
 1881  the Internal Revenue Code. The Preservation of Benefits Plan is
 1882  created as a separate portion of the Florida Retirement System,
 1883  for the purpose of providing benefits to a payee (retiree or
 1884  beneficiary) of the Florida Retirement System whose benefits
 1885  would otherwise be limited by s. 415(b) of the Internal Revenue
 1886  Code.
 1887         (1) ELIGIBILITY TO PARTICIPATE IN THE PRESERVATION OF
 1888  BENEFITS PLAN.—A payee of the Florida Retirement System shall
 1889  participate in the Preservation of Benefits Plan if whenever his
 1890  or her earned benefit under the Florida Retirement System’s
 1891  pension System defined benefit plan exceeds the benefit maximum
 1892  established under s. 415(b) of the Internal Revenue Code.
 1893  Participation in the Preservation of Benefits Plan shall
 1894  continue for as long as the payee’s earned benefit under the
 1895  pension Florida Retirement System defined benefit plan is
 1896  reduced by the application of the maximum benefit limit under s.
 1897  415(b) of the Internal Revenue Code.
 1898         (2) BENEFITS PAYABLE UNDER THE PRESERVATION OF BENEFITS
 1899  PLAN.—
 1900         (a) On and after July 1, 1999, the division of Retirement
 1901  shall pay to each eligible payee of the Florida Retirement
 1902  System who retires before, on, or after that such date, a
 1903  supplemental retirement benefit equal to the difference between
 1904  the amount of the payee’s monthly retirement benefit which would
 1905  have been payable under the Florida Retirement System’s pension
 1906  System defined benefit plan if not for a reduction due to the
 1907  application of s. 415(b) of the Internal Revenue Code and the
 1908  reduced monthly retirement benefit as paid to the payee. The
 1909  Preservation of Benefits Plan benefit shall be computed and
 1910  payable under the same terms and conditions and to the same
 1911  person as would have applied under the pension Florida
 1912  Retirement System defined benefit plan were it not for the
 1913  federal limitation.
 1914         Section 16. Subsections (1) and (3) of section 121.101,
 1915  Florida Statutes, are amended, present subsections (4) through
 1916  (7) of that section are redesignated as subsections (5) through
 1917  (8), respectively, and a new subsection (4) is added to that
 1918  section, to read:
 1919         121.101 Cost-of-living adjustment of benefits.—
 1920         (1) The purpose of this section is to provide cost-of
 1921  living adjustments to the monthly benefits payable to all
 1922  retired members of state-supported retirement systems.
 1923         (3) Commencing July 1, 1987, the benefit of each retiree
 1924  and annuitant retiring before July 1, 2011, shall be adjusted
 1925  annually on each July 1 thereafter, as follows:
 1926         (a) For those retirees and annuitants who have never
 1927  received a cost-of-living adjustment under this section, the
 1928  amount of the monthly benefit payable for the 12-month period
 1929  commencing on the adjustment date shall be the amount of the
 1930  member’s initial benefit plus an amount equal to a percentage of
 1931  the member’s initial benefit; this percentage is derived by
 1932  dividing the number of months the member has received an initial
 1933  benefit by 12, and multiplying the result by 3.
 1934         (b) For those retirees and annuitants who have received a
 1935  cost-of-living adjustment under this subsection section, the
 1936  adjusted monthly benefit shall be the amount of the monthly
 1937  benefit being received on June 30 immediately preceding the
 1938  adjustment date plus an amount equal to 3 percent of this
 1939  benefit.
 1940         (4) For members retiring on or after July 1, 2011, the
 1941  benefit of each retiree and annuitant shall be adjusted annually
 1942  on July 1 as follows:
 1943         (a) For those retirees and annuitants who have never
 1944  received a cost-of-living adjustment under this subsection, the
 1945  amount of the monthly benefit payable for the 12-month period
 1946  commencing on the adjustment date shall be the amount of the
 1947  member’s initial benefit plus an amount equal to a percentage of
 1948  the member’s initial benefit. This percentage is derived by
 1949  dividing the number of months the member has received an initial
 1950  benefit by 12, and multiplying the result by the factor
 1951  calculated pursuant to paragraph (c).
 1952         (b) For those retirees and annuitants who have received a
 1953  cost-of-living adjustment under this subsection, the adjusted
 1954  monthly benefit shall be the amount of the monthly benefit being
 1955  received on June 30 immediately preceding the adjustment date
 1956  plus an amount determined by multiplying the benefit by the
 1957  factor calculated pursuant to paragraph (c).
 1958         (c) The department shall calculate a cost-of-living factor
 1959  for each retiree and beneficiary retiring on or after July 1,
 1960  2011. This factor shall equal the product of 3 percent
 1961  multiplied by the quotient of the sum of the member’s service
 1962  credit earned for service before July 1, 2011, divided by the
 1963  sum of the member’s total service credit earned.
 1964         Section 17. Subsection (1) of section 121.121, Florida
 1965  Statutes, is amended to read:
 1966         121.121 Authorized leaves of absence.—
 1967         (1) A member may purchase creditable service for up to 2
 1968  work years of authorized leaves of absence, including any leaves
 1969  of absence covered under the Family Medical Leave Act, if:
 1970         (a) The member has completed a minimum of 6 years of
 1971  creditable service, excluding periods for which a leave of
 1972  absence was authorized;
 1973         (b) The leave of absence is authorized in writing by the
 1974  employer of the member and approved by the administrator;
 1975         (c) The member returns to active employment performing
 1976  service with a Florida Retirement System employer in a regularly
 1977  established position immediately upon termination of the leave
 1978  of absence and remains on the employer’s payroll for 1 calendar
 1979  month, except that a member who retires on disability while on a
 1980  medical leave of absence may shall not be required to return to
 1981  employment. A member whose work year is less than 12 months and
 1982  whose leave of absence terminates between school years is
 1983  eligible to receive credit for the leave of absence if as long
 1984  as he or she returns to the employment of his or her employer at
 1985  the beginning of the next school year and remains on the
 1986  employer’s payroll for 1 calendar month; and
 1987         (d) The member makes the required contributions for service
 1988  credit during the leave of absence, which shall be 8 percent
 1989  until January 1, 1975, and 9 percent thereafter of his or her
 1990  rate of monthly compensation in effect immediately before prior
 1991  to the commencement of such leave for each month of such period,
 1992  plus 4 percent interest until July 1, 1975, and 6.5 percent
 1993  interest thereafter on such contributions, compounded annually
 1994  each June 30 from the due date of the contribution to date of
 1995  payment. Effective July 1, 1980, any leave of absence purchased
 1996  pursuant to this section is shall be at the contribution rates
 1997  specified in s. 121.071 or s. 121.71 in effect at the time the
 1998  leave is granted for the class of membership from which the
 1999  leave of absence was granted; however, any member who purchased
 2000  leave-of-absence credit before prior to July 1, 1980, for a
 2001  leave of absence from a position in a class other than the
 2002  regular membership class, may pay the appropriate additional
 2003  contributions plus compound interest thereon and receive
 2004  creditable service for such leave of absence in the membership
 2005  class from which the member was granted the leave of absence.
 2006  Effective July 1, 2011, any leave of absence purchased pursuant
 2007  to this section shall be at the employee and employer
 2008  contribution rates specified in s. 121.71 in effect during the
 2009  leave for the class of membership from which the leave of
 2010  absence was granted.
 2011         Section 18. Subsection (2) of section 121.122, Florida
 2012  Statutes, is amended, and subsection (3) is added to that
 2013  section, to read:
 2014         121.122 Renewed membership in system.—
 2015         (2) A retiree of a state-administered retirement system who
 2016  is initially reemployed on or after July 1, 2010, through June
 2017  30, 2011, shall become a member of the Regular Class and be
 2018  enrolled in the Florida Retirement System Investment Plan on
 2019  July 1, 2011, and must resatisfy the vesting requirements and
 2020  other provisions provided in this chapter is not eligible for
 2021  renewed membership.
 2022         (a) Creditable service, including credit towards the
 2023  retiree health insurance subsidy provided in s. 112.363, does
 2024  not accrue for a retiree’s employment in a regularly established
 2025  position with a covered employer during the period from July 1,
 2026  2010, through June 30, 2011.
 2027         (b) Employer contributions, interest, earnings, or any
 2028  other funds may not be paid into a renewed member’s investment
 2029  plan account for any employment in a regularly established
 2030  position with a covered employer during the period from July 1,
 2031  2010, through June 30, 2011.
 2032         (c) To be eligible to receive a retirement benefit under
 2033  the investment plan, the renewed member must meet the vesting
 2034  requirements of the plan as provided in s. 121.4501(6).
 2035         (d) The member is not entitled to disability benefits as
 2036  provided in s. 121.091(4) or s. 121.591(2).
 2037         (e) The member must meet the limitations on reemployment
 2038  after retirement as provided in s. 121.091(9), as applicable.
 2039         (f) Upon the renewed membership or reemployment of a
 2040  retiree, the employer of such member and the retiree shall pay
 2041  the applicable employer and employee contributions as required
 2042  by ss. 112.363, 121.71, 121.74, and 121.76. Such contributions
 2043  are payable only for employment in a regularly established
 2044  position with a covered employer on or after July 1, 2011.
 2045         (g) The member may not purchase any prior or past service
 2046  in the investment plan, including employment in a regularly
 2047  established position with a covered employer during the period
 2048  from July 1, 2010, through June 30, 2011.
 2049         (h) A renewed member who is not receiving the maximum
 2050  health insurance subsidy provided in s. 112.363 is entitled to
 2051  earn additional credit toward the subsidy. Such credit may be
 2052  earned only for employment in a regularly established position
 2053  with a covered employer on or after July 1, 2011. Any additional
 2054  subsidy due because of additional credit may be received only at
 2055  the time of paying the second career retirement benefit. The
 2056  total health insurance subsidy received by a retiree receiving
 2057  benefits from initial and renewed membership may not exceed the
 2058  maximum allowed under s. 112.363.
 2059         (3) Any retiree of a state-administered retirement system
 2060  who is initially reemployed on or after July 1, 2011, in a
 2061  regularly established position with a covered employer,
 2062  including an elective public office that does not qualify for
 2063  the Elected Officers’ Class, shall become a member of the
 2064  Regular Class and be enrolled in the Florida Retirement System
 2065  Investment Plan, and must resatisfy the vesting requirements and
 2066  other provisions provided in this chapter.
 2067         (a) To be eligible to receive a retirement benefit under
 2068  the investment plan, the renewed member must meet the vesting
 2069  requirements of the investment plan as provided in s.
 2070  121.4501(6).
 2071         (b) The member is not entitled to disability benefits as
 2072  provided in s. 121.091(4) or s. 121.591(2).
 2073         (c) The member must meet the limitations on reemployment
 2074  after retirement provided in s. 121.091(9), as applicable.
 2075         (d) Upon renewed membership or reemployment of a retiree,
 2076  the employer of such member and the retiree must pay the
 2077  applicable employer and employee contributions as required by
 2078  ss. 112.363, 121.71, 121.74, and 121.76.
 2079         (e) The member may not purchase any prior or past service
 2080  in the investment plan.
 2081         (f) A renewed member who is not receiving the maximum
 2082  health insurance subsidy provided in s. 112.363 is entitled to
 2083  earn additional credit toward the subsidy. Any additional
 2084  subsidy due because of additional credit may be received only at
 2085  the time of paying the second career retirement benefit. The
 2086  total health insurance subsidy received by a retiree receiving
 2087  benefits from initial and renewed membership may not exceed the
 2088  maximum allowed under s. 112.363.
 2089         Section 19. Section 121.125, Florida Statutes, is amended
 2090  to read:
 2091         121.125 Credit for workers’ compensation payment periods.—A
 2092  member of the retirement system created by this chapter who has
 2093  been eligible or becomes eligible for to receive workers’
 2094  compensation payments for an injury or illness that occurred
 2095  occurring during his or her employment while a member of a any
 2096  state retirement system shall, upon return to active employment
 2097  with a covered employer for 1 calendar month or upon approval
 2098  for disability retirement in accordance with s. 121.091(4),
 2099  receive full retirement credit for the period before prior to
 2100  such return to active employment or disability retirement for
 2101  which the workers’ compensation payments were received. However,
 2102  a no member may not receive retirement credit for any such
 2103  period occurring after the earlier of the date of maximum
 2104  medical improvement as defined in s. 440.02 or the date
 2105  termination has occurred as defined in s. 121.021(39). The
 2106  employer of record at the time of the worker’s compensation
 2107  injury or illness shall make the required employee and employer
 2108  retirement contributions based on the member’s rate of monthly
 2109  compensation immediately before prior to his or her receiving
 2110  workers’ compensation payments for retirement credit received by
 2111  the member. The employer of record at the time of the workers’
 2112  compensation injury or illness shall be assessed by the division
 2113  a penalty of 1 percent of the contributions on all contributions
 2114  not paid on the first payroll report after the member becomes
 2115  eligible to receive credit. This delinquent assessment may not
 2116  be waived.
 2117         Section 20. Paragraphs (g) and (i) of subsection (3) and
 2118  subsections (4) and (5) of section 121.35, Florida Statutes, are
 2119  amended to read:
 2120         121.35 Optional retirement program for the State University
 2121  System.—
 2122         (3) ELECTION OF OPTIONAL PROGRAM.—
 2123         (g) An eligible employee who is a member of the Florida
 2124  Retirement System at the time of electing election to
 2125  participate in the optional retirement program shall retain all
 2126  retirement service credit earned under the Florida Retirement
 2127  System, at the rate earned. No Additional service credit in the
 2128  Florida Retirement system may not shall be earned while the
 2129  employee participates in the optional program, and nor shall the
 2130  employee is not be eligible for disability retirement under the
 2131  Florida Retirement system. An eligible employee may transfer
 2132  from the Florida Retirement System to his or her accounts under
 2133  the State University System Optional Retirement Program a sum
 2134  representing the present value of the employee’s accumulated
 2135  benefit obligation under the defined benefit program of the
 2136  Florida Retirement System’s pension plan System for any service
 2137  credit accrued from the employee’s first eligible transfer date
 2138  to the optional retirement program through the actual date of
 2139  such transfer, if such service credit was earned in the period
 2140  from July 1, 1984, through December 31, 1992. The present value
 2141  of the employee’s accumulated benefit obligation shall be
 2142  calculated as described in s. 121.4501(3) s. 121.4501(3)(c)2.
 2143  Upon such transfer, all such service credit previously earned
 2144  under the pension plan defined benefit program of the Florida
 2145  Retirement System during this period is shall be nullified for
 2146  purposes of entitlement to a future benefit under the pension
 2147  plan defined benefit program of the Florida Retirement System.
 2148         (i) Effective January 1, 2008, through December 31, 2008,
 2149  except for an employee who is a mandatory member participant of
 2150  the State University System Optional Retirement Program, an
 2151  employee who has elected to participate in the State University
 2152  System Optional Retirement Program shall have one opportunity,
 2153  at the employee’s discretion, to choose to transfer from this
 2154  program to the pension plan or the investment plan defined
 2155  benefit program of the Florida Retirement System or to the
 2156  Public Employee Optional Retirement Program, subject to the
 2157  terms of the applicable contracts of the State University System
 2158  Optional Retirement Program.
 2159         1. If the employee chooses to move to the investment plan
 2160  Public Employee Optional Retirement Program, any contributions,
 2161  interest, and earnings creditable to the employee under the
 2162  State University System Optional Retirement Program must shall
 2163  be retained by the employee in the State University System
 2164  Optional Retirement Program, and the applicable provisions of s.
 2165  121.4501(4) shall govern the election.
 2166         2. If the employee chooses to move to the pension plan
 2167  defined benefit program of the Florida Retirement System, the
 2168  employee shall receive service credit equal to his or her years
 2169  of service under the State University System Optional Retirement
 2170  Program.
 2171         a. The cost for such credit must be in shall be an amount
 2172  representing the actuarial accrued liability for the affected
 2173  period of service. The cost must shall be calculated using the
 2174  discount rate and other relevant actuarial assumptions that were
 2175  used to value the pension Florida Retirement System defined
 2176  benefit plan liabilities in the most recent actuarial valuation.
 2177  The calculation must shall include any service already
 2178  maintained under the pension defined benefit plan in addition to
 2179  the years under the State University System Optional Retirement
 2180  Program. The actuarial accrued liability of any service already
 2181  maintained under the pension defined benefit plan must shall be
 2182  applied as a credit to total cost resulting from the
 2183  calculation. The division must shall ensure that the transfer
 2184  sum is prepared using a formula and methodology certified by an
 2185  enrolled actuary.
 2186         b. The employee must transfer from his or her State
 2187  University System Optional Retirement Program account, and from
 2188  other employee moneys as necessary, a sum representing the
 2189  actuarial accrued liability immediately following the time of
 2190  such movement, determined assuming that attained service equals
 2191  the sum of service in the pension plan defined benefit program
 2192  and service in the State University System Optional Retirement
 2193  Program.
 2194         (4) CONTRIBUTIONS.—
 2195         (a)1. Through June 30, 2001, each employer shall contribute
 2196  on behalf of each member of participant in the optional
 2197  retirement program an amount equal to the normal cost portion of
 2198  the employer retirement contribution which would be required if
 2199  the employee participant were a regular member of the Florida
 2200  Retirement System’s pension plan System defined benefit program,
 2201  plus the portion of the contribution rate required in s.
 2202  112.363(8) that would otherwise be assigned to the Retiree
 2203  Health Insurance Subsidy Trust Fund.
 2204         2. Effective July 1, 2001, through June 30, 2011, each
 2205  employer shall contribute on behalf of each member of
 2206  participant in the optional retirement program an amount equal
 2207  to 10.43 percent of the employee’s participant’s gross monthly
 2208  compensation.
 2209         3. Effective July 1, 2011, each member of the optional
 2210  retirement program shall contribute an amount equal to the
 2211  employee contribution required in s. 121.71(3). The employer
 2212  shall contribute on behalf of each such member an amount equal
 2213  to the difference between 10.43 percent of the employee’s gross
 2214  monthly compensation and the amount equal to the employee’s
 2215  required contribution based on the employee’s gross monthly
 2216  compensation.
 2217         4.The department shall deduct an amount approved by the
 2218  Legislature to provide for the administration of this program.
 2219  The payment of the contributions, including contributions by the
 2220  employee, to the optional program which is required by this
 2221  paragraph for each participant shall be made by the employer to
 2222  the department, which shall forward the contributions to the
 2223  designated company or companies contracting for payment of
 2224  benefits for member’s of the participant under the program.
 2225  However, such contributions paid on behalf of an employee
 2226  described in paragraph (3)(c) may shall not be forwarded to a
 2227  company and do shall not begin to accrue interest until the
 2228  employee has executed a contract and notified the department.
 2229  The department shall deduct an amount from the contributions to
 2230  provide for the administration of this program.
 2231         (b) Each employer shall contribute on behalf of each member
 2232  of participant in the optional retirement program an amount
 2233  equal to the unfunded actuarial accrued liability portion of the
 2234  employer contribution which would be required for members of the
 2235  Florida Retirement System. This contribution shall be paid to
 2236  the department for transfer to the Florida Retirement System
 2237  Trust Fund.
 2238         (c) An Optional Retirement Program Trust Fund shall be
 2239  established in the State Treasury and administered by the
 2240  department to make payments to the provider companies on behalf
 2241  of the optional retirement program members participants, and to
 2242  transfer the unfunded liability portion of the state optional
 2243  retirement program contributions to the Florida Retirement
 2244  System Trust Fund.
 2245         (d) Contributions required for social security by each
 2246  employer and each employee participant, in the amount required
 2247  for social security coverage as now or hereafter may be provided
 2248  by the federal Social Security Act, shall be maintained for each
 2249  member of participant in the optional retirement program and are
 2250  shall be in addition to the retirement contributions specified
 2251  in this subsection.
 2252         (e) Each member of participant in the optional retirement
 2253  program who has executed a contract may contribute by way of
 2254  salary reduction or deduction a percentage amount of the
 2255  employee’s participant’s gross compensation not to exceed the
 2256  percentage amount contributed by the employer to the optional
 2257  program, but in no case may such contribution may not exceed
 2258  federal limitations. Payment of the employee’s participant’s
 2259  contributions shall be made by the financial officer of the
 2260  employer to the division which shall forward the contributions
 2261  to the designated company or companies contracting for payment
 2262  of benefits for members the participant under the program. A
 2263  member participant may not make, through salary reduction, any
 2264  voluntary employee contributions to any other plan under s.
 2265  403(b) of the Internal Revenue Code, with the exception of a
 2266  custodial account under s. 403(b)(7) of the Internal Revenue
 2267  Code, until he or she has made an employee contribution to his
 2268  or her optional program equal to the employer contribution. An
 2269  employee A participant is responsible for monitoring his or her
 2270  individual tax-deferred income to ensure he or she does not
 2271  exceed the maximum deferral amounts permitted under the Internal
 2272  Revenue Code.
 2273         (f) The Optional Retirement Trust Fund may accept for
 2274  deposit into member participant contracts contributions in the
 2275  form of rollovers or direct trustee-to-trustee transfers by or
 2276  on behalf of members participants who are reasonably determined
 2277  by the department to be eligible for rollover or transfer to the
 2278  optional retirement program pursuant to the Internal Revenue
 2279  Code, if such contributions are made in accordance with rules
 2280  adopted by the department. Such contributions shall be accounted
 2281  for in accordance with any applicable requirements of the
 2282  Internal Revenue Code and department rules of the department.
 2283         (g) Effective July 1, 2008, for purposes of paragraph (a)
 2284  and notwithstanding s. 121.021(22)(b)1., the term “employee’s
 2285  participant’s gross monthly compensation” includes salary
 2286  payments made to eligible clinical faculty from a state
 2287  university using funds provided by a faculty practice plan
 2288  authorized by the Board of Governors of the State University
 2289  System if:
 2290         1. There is no not any employer contribution from the state
 2291  university to any other retirement program with respect to such
 2292  salary payments; and
 2293         2. The employer contribution on behalf of a member of the
 2294  participant in the optional retirement program with respect to
 2295  such salary payments is made using funds provided by the faculty
 2296  practice plan.
 2297         (5) BENEFITS.—
 2298         (a) Benefits are payable under the optional retirement
 2299  program only to vested members participating participants in the
 2300  program, or their beneficiaries as designated by the member
 2301  participant in the contract with a provider company, and such
 2302  benefits shall be paid only by the designated company in
 2303  accordance with s. 403(b) of the Internal Revenue Code and the
 2304  terms of the annuity contract or contracts applicable to the
 2305  member participant. Benefits accrue in individual accounts that
 2306  are member-directed participant-directed, portable, and funded
 2307  by employer contributions and the earnings thereon. The member
 2308  participant must be terminated for 3 calendar months from all
 2309  employment relationships with all Florida Retirement System
 2310  employers, as provided in s. 121.021(39), to begin receiving the
 2311  employer-funded benefit. Benefits funded by employer
 2312  contributions are payable in accordance with the following terms
 2313  and conditions:
 2314         1. Benefits shall be paid only to a participating member
 2315  participant, to his or her beneficiaries, or to his or her
 2316  estate, as designated by the member participant.
 2317         2. Benefits shall be paid by the provider company or
 2318  companies in accordance with the law, the provisions of the
 2319  contract, and any applicable department rule or policy.
 2320         3. In the event of a member’s participant’s death, moneys
 2321  accumulated by, or on behalf of, the member participant, less
 2322  withholding taxes remitted to the Internal Revenue Service, if
 2323  any, shall be distributed to the member’s participant’s
 2324  designated beneficiary or beneficiaries, or to the member’s
 2325  participant’s estate, as if the member participant retired on
 2326  the date of death, as provided in paragraph (d) (c). No other
 2327  death benefits are available to survivors of members
 2328  participants under the optional retirement program except for
 2329  such benefits, or coverage for such benefits, as are separately
 2330  afforded by the employer, at the employer’s discretion.
 2331         (b) Benefits are not payable for employee hardships,
 2332  unforeseeable emergencies, loans, medical expenses, educational
 2333  expenses, purchase of a principal residence, payments necessary
 2334  to prevent eviction or foreclosure on an employee’s principal
 2335  residence, or any other reason before termination from all
 2336  employment relationships with participating employers, as
 2337  provided in s. 121.021(39).
 2338         (c)(b) Upon receipt by the provider company of a properly
 2339  executed application for distribution of benefits, the total
 2340  accumulated benefit are shall be payable to the participating
 2341  member participant, as:
 2342         1. A lump-sum distribution to the member participant;
 2343         2. A lump-sum direct rollover distribution whereby all
 2344  accrued benefits, plus interest and investment earnings, are
 2345  paid from the participant’s account directly to an eligible
 2346  retirement plan, as defined in s. 402(c)(8)(B) of the Internal
 2347  Revenue Code, on behalf of the member participant;
 2348         3. Periodic distributions;
 2349         4. A partial lump-sum payment whereby a portion of the
 2350  accrued benefit is paid to the member participant and the
 2351  remaining amount is transferred to an eligible retirement plan,
 2352  as defined in s. 402(c)(8)(B) of the Internal Revenue Code, on
 2353  behalf of the member participant; or
 2354         5. Such other distribution options as are provided for in
 2355  the participant’s optional retirement program contract.
 2356         (d)(c) Survivor benefits are shall be payable as:
 2357         1. A lump-sum distribution payable to the beneficiaries or
 2358  to the deceased member’s participant’s estate;
 2359         2. An eligible rollover distribution on behalf of the
 2360  surviving spouse of a deceased member participant, whereby all
 2361  accrued benefits, plus interest and investment earnings, are
 2362  paid from the deceased member’s participant’s account directly
 2363  to an eligible retirement plan, as described in s. 402(c)(8)(B)
 2364  of the Internal Revenue Code, on behalf of the surviving spouse;
 2365         3. Such other distribution options as are provided for in
 2366  the member’s participant’s optional retirement program contract;
 2367  or
 2368         4. A partial lump-sum payment whereby a portion of the
 2369  accrued benefit is paid to the deceased member’s participant’s
 2370  surviving spouse or other designated beneficiaries, less
 2371  withholding taxes remitted to the Internal Revenue Service, if
 2372  any, and the remaining amount is transferred directly to an
 2373  eligible retirement plan, as described in s. 402(c)(8)(B) of the
 2374  Internal Revenue Code, on behalf of the surviving spouse. The
 2375  proportions must be specified by the member participant or the
 2376  surviving beneficiary.
 2377  
 2378  This paragraph does not abrogate other applicable provisions of
 2379  state or federal law providing payment of death benefits.
 2380         (e)(d) The benefits payable to any person under the
 2381  optional retirement program, and any contribution accumulated
 2382  under such program, are shall not be subject to assignment,
 2383  execution, or attachment or to any legal process whatsoever.
 2384         (f)(e) A participating member participant who chooses to
 2385  receive his or her benefits must be terminated for 3 calendar
 2386  months to be eligible to receive benefits funded by employer
 2387  contributions. The member upon termination as defined in s.
 2388  121.021 must notify the provider company of the date he or she
 2389  wishes benefits funded by required employer and employee
 2390  contributions to begin and must be terminated as defined in s.
 2391  121.021 after the initial benefit payment or distribution.
 2392  Benefits may be deferred until the member participant chooses to
 2393  make such application.
 2394         (g)(f) Benefits funded by the participating member’s
 2395  voluntary participant’s personal contributions may be paid out
 2396  at any time and in any form within the limits provided in the
 2397  contract between the member participant and the his or her
 2398  provider company. The member participant shall notify the
 2399  provider company regarding the date and provisions under which
 2400  he or she wants to receive the employee-funded portion of the
 2401  plan.
 2402         (h)(g) For purposes of this section, “retiree” means a
 2403  former participating member participant of the optional
 2404  retirement program who has terminated employment and has taken a
 2405  distribution as provided in this subsection, except for a
 2406  mandatory distribution of a de minimis account authorized by the
 2407  department.
 2408         Section 21. Section 121.355, Florida Statutes, is amended
 2409  to read:
 2410         121.355 Community College Optional Retirement Program and
 2411  State University System Optional Retirement Program member
 2412  transfer.—Effective January 1, 2009, through December 31, 2009,
 2413  an employee who is a former member of participant in the
 2414  Community College Optional Retirement Program or the State
 2415  University System Optional Retirement Program and present
 2416  mandatory member of participant in the Florida Retirement
 2417  System’s pension System defined benefit plan may receive service
 2418  credit equal to his or her years of service under the Community
 2419  College Optional Retirement Program or the State University
 2420  System Optional Retirement Program under the following
 2421  conditions:
 2422         (1) The cost for such credit must represent shall be an
 2423  amount representing the actuarial accrued liability for the
 2424  affected period of service. The cost shall be calculated using
 2425  the discount rate and other relevant actuarial assumptions that
 2426  were used to value the Florida Retirement System’s pension
 2427  System defined benefit plan liabilities in the most recent
 2428  actuarial valuation. The calculation must shall include any
 2429  service already maintained under the pension defined benefit
 2430  plan in addition to the years under the Community College
 2431  Optional Retirement Program or the State University System
 2432  Optional Retirement Program. The actuarial accrued liability of
 2433  any service already maintained under the pension defined benefit
 2434  plan shall be applied as a credit to total cost resulting from
 2435  the calculation. The division shall ensure that the transfer sum
 2436  is prepared using a formula and methodology certified by an
 2437  enrolled actuary.
 2438         (2) The employee must transfer from his or her Community
 2439  College Optional Retirement Program account or State University
 2440  System Optional Retirement Program account, subject to the terms
 2441  of the applicable optional retirement program contract, and from
 2442  other employee moneys as necessary, a sum representing the
 2443  actuarial accrued liability immediately following the time of
 2444  such movement, determined assuming that attained service equals
 2445  the sum of service in the pension plan defined benefit program
 2446  and service in the Community College Optional Retirement Program
 2447  or State University System Optional Retirement Program.
 2448         (3) The employee may not receive service credit for a
 2449  period of mandatory participation in the State University
 2450  Optional Retirement Program or for a period for which a
 2451  distribution was received from the Community College Optional
 2452  Retirement Program or State University System Optional
 2453  Retirement Program.
 2454         Section 22. Section 121.4501, Florida Statutes, is amended
 2455  to read:
 2456         121.4501 Florida Public Employee Optional Retirement System
 2457  Investment Plan Program.—
 2458         (1) The Trustees of the State Board of Administration shall
 2459  establish a an optional defined contribution retirement program
 2460  called the Florida Retirement System Investment Plan for members
 2461  of the Florida Retirement System under which retirement benefits
 2462  are will be provided for eligible employees initially employed
 2463  before July 1, 2011, who elect to enroll participate in the
 2464  plan. Enrollment is compulsory for all eligible employees
 2465  employed on or after July 1, 2011, except for those who are
 2466  eligible to and elect to enroll in an optional retirement
 2467  program established under s. 121.055(6), s. 121.35, or s.
 2468  1012.875, or those who qualify for special risk membership
 2469  pursuant to s. 121.0515 program. The retirement benefits to be
 2470  provided for or on behalf of participants in such optional
 2471  retirement program shall be provided through employee-directed
 2472  investments, in accordance with s. 401(a) of the Internal
 2473  Revenue Code and its related regulations. The Employers and
 2474  employees shall make contributions contribute, as provided in
 2475  this section and, ss. 121.571, and 121.71, to the Florida Public
 2476  Employee Optional Retirement System Investment Plan Program
 2477  Trust Fund toward the funding of such optional benefits.
 2478         (2) DEFINITIONS.—As used in this part, the term:
 2479         (a) “Approved provider” or “provider” means a private
 2480  sector company that is selected and approved by the state board
 2481  to offer one or more investment products or services to the
 2482  investment plan optional retirement program. The term includes a
 2483  bundled provider that offers plan members participants a range
 2484  of individually allocated or unallocated investment products and
 2485  may offer a range of administrative and customer services, which
 2486  may include accounting and administration of individual member
 2487  participant benefits and contributions; individual member
 2488  participant recordkeeping; asset purchase, control, and
 2489  safekeeping; direct execution of the member’s participant’s
 2490  instructions as to asset and contribution allocation;
 2491  calculation of daily net asset values; direct access to member
 2492  participant account information; periodic reporting to members
 2493  participants, at least quarterly, on account balances and
 2494  transactions; guidance, advice, and allocation services directly
 2495  relating to the provider’s own investment options or products,
 2496  but only if the bundled provider complies with the standard of
 2497  care of s. 404(a)(1)(A-B) of the Employee Retirement Income
 2498  Security Act of 1974 (ERISA) and if providing such guidance,
 2499  advice, or allocation services does not constitute a prohibited
 2500  transaction under s. 4975(c)(1) of the Internal Revenue Code or
 2501  s. 406 of ERISA, notwithstanding that such prohibited
 2502  transaction provisions do not apply to the optional retirement
 2503  program; a broad array of distribution options; asset
 2504  allocation; and retirement counseling and education. Private
 2505  sector companies include investment management companies,
 2506  insurance companies, depositories, and mutual fund companies.
 2507         (b) “Average monthly compensation” means one-twelfth of
 2508  average final compensation as defined in s. 121.021.
 2509         (c) “Covered employment” means employment in a regularly
 2510  established position as defined in s. 121.021.
 2511         (d) “Defined benefit program” means the defined benefit
 2512  program of the Florida Retirement System administered under part
 2513  I of this chapter.
 2514         (e) “Division” means the Division of Retirement within the
 2515  department.
 2516         (d)(f) “Electronic means” means by telephone, if the
 2517  required information is received on a recorded line, or through
 2518  Internet access, if the required information is captured online.
 2519         (g) “Eligible employee” means an officer or employee, as
 2520  defined in s. 121.021, who:
 2521         1. Is a member of, or is eligible for membership in, the
 2522  Florida Retirement System, including any renewed member of the
 2523  Florida Retirement System initially enrolled before July 1,
 2524  2010; or
 2525         2. Participates in, or is eligible to participate in, the
 2526  Senior Management Service Optional Annuity Program as
 2527  established under s. 121.055(6), the State Community College
 2528  System Optional Retirement Program as established under s.
 2529  121.051(2)(c), or the State University System Optional
 2530  Retirement Program established under s. 121.35.
 2531  
 2532  The term does not include any member participating in the
 2533  Deferred Retirement Option Program established under s.
 2534  121.091(13), a retiree of a state-administered retirement system
 2535  initially reemployed on or after July 1, 2010, or a mandatory
 2536  participant of the State University System Optional Retirement
 2537  Program established under s. 121.35.
 2538         (e)(h) “Employer” means an employer, as defined in s.
 2539  121.021, of an eligible employee.
 2540         (f) “Florida Retirement System Investment Plan” or
 2541  “investment plan” means the defined contribution program of the
 2542  Florida Retirement System established under this part.
 2543         (g) “Florida Retirement System Pension Plan” or pension
 2544  plan” means the defined benefit program of the Florida
 2545  Retirement System administered under part I of this chapter.
 2546         (i) “Optional retirement program” or “optional program”
 2547  means the Public Employee Optional Retirement Program
 2548  established under this part.
 2549         (h)(j)“Member” or “employee” “participant” means an
 2550  eligible employee who is enrolled enrolls in the investment plan
 2551  optional program as provided in subsection (4), or a terminated
 2552  Deferred Retirement Option Program member participant as
 2553  described in subsection (21), or a beneficiary or alternate
 2554  payee of a member or employee.
 2555         (i) “Member contributions” or “employee contributions” mean
 2556  the sum of all amounts deducted from the salary of a member by
 2557  his or her employer in accordance with s. 121.71(2) and credited
 2558  to his or her individual account in the investment plan, plus
 2559  any earnings on such amounts and any contributions specified in
 2560  paragraph (5)(e).
 2561         (j)(k) “Retiree” means a former member participant of the
 2562  investment plan optional retirement program who has terminated
 2563  employment and has taken a distribution of vested employer or
 2564  employee contributions as provided in s. 121.591, except for a
 2565  mandatory distribution of a de minimis account authorized by the
 2566  state board.
 2567         (k)(l) “Vested” or “vesting” means the guarantee that a
 2568  member participant is eligible to receive a retirement benefit
 2569  upon completion of the required years of service under the
 2570  investment plan optional retirement program.
 2571         (3) ELIGIBILITY; RETIREMENT SERVICE CREDIT; TRANSFER OF
 2572  BENEFITS.—
 2573         (a)Participation in the Public Employee Optional
 2574  Retirement Program is limited to eligible employees.
 2575  Participation in the optional retirement program is in lieu of
 2576  participation in the defined benefit program of the Florida
 2577  Retirement System.
 2578         (a)(b) An eligible employee who is employed in a regularly
 2579  established position by a state employer on June 1, 2002; by a
 2580  district school board employer on September 1, 2002; or by a
 2581  local employer on December 1, 2002, and who is a member of the
 2582  pension plan defined benefit retirement program of the Florida
 2583  Retirement System at the time of his or her election to enroll
 2584  participate in the investment plan Public Employee Optional
 2585  Retirement Program shall retain all retirement service credit
 2586  earned under the pension plan defined benefit retirement program
 2587  of the Florida Retirement System as credited under the Florida
 2588  Retirement System and is shall be entitled to a deferred benefit
 2589  upon termination, if eligible under the system. However,
 2590  election to enroll participate in the investment plan Public
 2591  Employee Optional Retirement Program terminates the active
 2592  membership of the employee in the pension plan defined benefit
 2593  program of the Florida Retirement System, and the service of a
 2594  member of participant in the investment plan is Public Employee
 2595  Optional Retirement Program shall not be creditable under the
 2596  pension plan defined benefit retirement program of the Florida
 2597  Retirement System for purposes of benefit accrual but is
 2598  creditable shall be credited for purposes of vesting.
 2599         (b)(c)1. Notwithstanding paragraph (a), an (b), each
 2600  eligible employee who elects to enroll participate in the
 2601  investment plan Public Employee Optional Retirement Program and
 2602  establishes one or more individual member participant accounts
 2603  under the optional program may elect to transfer to the
 2604  investment plan optional program a sum representing the present
 2605  value of the employee’s accumulated benefit obligation under the
 2606  pension plan defined benefit retirement program of the Florida
 2607  Retirement System. Upon such transfer, all service credit
 2608  previously earned under the pension plan is defined benefit
 2609  program of the Florida Retirement System shall be nullified for
 2610  purposes of entitlement to a future benefit under the pension
 2611  plan defined benefit program of the Florida Retirement System. A
 2612  member may not transfer participant is precluded from
 2613  transferring the accumulated benefit obligation balance from the
 2614  pension plan after the time defined benefit program upon the
 2615  expiration of the period for enrolling afforded to enroll in the
 2616  investment plan has expired optional program.
 2617         1.2. For purposes of this subsection, the present value of
 2618  the member’s accumulated benefit obligation is based upon the
 2619  member’s estimated creditable service and estimated average
 2620  final compensation under the pension plan defined benefit
 2621  program, subject to recomputation under subparagraph 2. 3. For
 2622  state employees enrolling under subparagraph (4)(a)1., initial
 2623  estimates shall will be based upon creditable service and
 2624  average final compensation as of midnight on June 30, 2002; for
 2625  district school board employees enrolling under subparagraph
 2626  (4)(b)1., initial estimates shall will be based upon creditable
 2627  service and average final compensation as of midnight on
 2628  September 30, 2002; and for local government employees enrolling
 2629  under subparagraph (4)(c)1., initial estimates shall will be
 2630  based upon creditable service and average final compensation as
 2631  of midnight on December 31, 2002. The dates respectively
 2632  specified are above shall be construed as the “estimate date”
 2633  for these employees. The actuarial present value of the
 2634  employee’s accumulated benefit obligation shall be based on the
 2635  following:
 2636         a. The discount rate and other relevant actuarial
 2637  assumptions used to value the Florida Retirement System Trust
 2638  Fund at the time the amount to be transferred is determined,
 2639  consistent with the factors provided in sub-subparagraphs b. and
 2640  c.
 2641         b. A benefit commencement age, based on the member’s
 2642  estimated creditable service as of the estimate date. The
 2643  benefit commencement age is shall be the younger of the
 2644  following, but may shall not be younger than the member’s age as
 2645  of the estimate date:
 2646         (I) Age 62; or
 2647         (II) The age the member would attain if the member
 2648  completed 30 years of service with an employer, assuming the
 2649  member worked continuously from the estimate date, and
 2650  disregarding any vesting requirement that would otherwise apply
 2651  under the pension plan defined benefit program of the Florida
 2652  Retirement System.
 2653         c. For members of the Special Risk Class, and for members
 2654  of the Special Risk Administrative Support Class entitled to
 2655  retain the special risk normal retirement date, the benefit
 2656  commencement age is shall be the younger of the following, but
 2657  may shall not be younger than the member’s age as of the
 2658  estimate date:
 2659         (I) Age 55 or, for members enrolled on or after July 1,
 2660  2011, age 62; or
 2661         (II) The age the member would attain if the member
 2662  completed 25 years of service with an employer, or, for members
 2663  enrolled on or after July 1, 2011, 30 years of service with an
 2664  employer, assuming the member worked continuously from the
 2665  estimate date, and disregarding any vesting requirement that
 2666  would otherwise apply under the pension plan defined benefit
 2667  program of the Florida Retirement System.
 2668         d. The calculation must shall disregard vesting
 2669  requirements and early retirement reduction factors that would
 2670  otherwise apply under the pension plan defined benefit
 2671  retirement program.
 2672         2.3. For each member participant who elects to transfer
 2673  moneys from the pension plan defined benefit program to his or
 2674  her account in the investment plan optional program, the
 2675  division shall recompute the amount transferred under
 2676  subparagraph 1. within 2. not later than 60 days after the
 2677  actual transfer of funds based upon the member’s participant’s
 2678  actual creditable service and actual final average compensation
 2679  as of the initial date of participation in the investment plan
 2680  optional program. If the recomputed amount differs from the
 2681  amount transferred under subparagraph 2. by $10 or more, the
 2682  division shall:
 2683         a. Transfer, or cause to be transferred, from the Florida
 2684  Retirement System Trust Fund to the member’s participant’s
 2685  account in the optional program the excess, if any, of the
 2686  recomputed amount over the previously transferred amount
 2687  together with interest from the initial date of transfer to the
 2688  date of transfer under this subparagraph, based upon the
 2689  effective annual interest equal to the assumed return on the
 2690  actuarial investment which was used in the most recent actuarial
 2691  valuation of the system, compounded annually.
 2692         b. Transfer, or cause to be transferred, from the member’s
 2693  participant’s account to the Florida Retirement System Trust
 2694  Fund the excess, if any, of the previously transferred amount
 2695  over the recomputed amount, together with interest from the
 2696  initial date of transfer to the date of transfer under this
 2697  subparagraph, based upon 6 percent effective annual interest,
 2698  compounded annually, pro rata based on the member’s
 2699  participant’s allocation plan.
 2700         3.If contribution adjustments are made as a result of
 2701  employer errors or corrections, including plan corrections,
 2702  following recomputation of the amount transferred under
 2703  subparagraph 1., the member is entitled to the additional
 2704  contributions or is responsible for returning any excess
 2705  contributions resulting from the correction. However, the return
 2706  of such erroneous excess pretax contribution by the plan must be
 2707  made within the period allowed by the Internal Revenue Service.
 2708  The present value of the member’s accumulated benefit obligation
 2709  may not be recalculated.
 2710         4. As directed by the member participant, the state board
 2711  shall transfer or cause to be transferred the appropriate
 2712  amounts to the designated accounts within. The board shall
 2713  establish transfer procedures by rule, but the actual transfer
 2714  shall not be later than 30 days after the effective date of the
 2715  member’s participation in the investment plan optional program
 2716  unless the major financial markets for securities available for
 2717  a transfer are seriously disrupted by an unforeseen event that
 2718  which also causes the suspension of trading on any national
 2719  securities exchange in the country where the securities are were
 2720  issued. In that event, the such 30-day period of time may be
 2721  extended by a resolution of the state board trustees. Transfers
 2722  are not commissionable or subject to other fees and may be in
 2723  the form of securities or cash, as determined by the state
 2724  board. Such securities are shall be valued as of the date of
 2725  receipt in the member’s participant’s account.
 2726         5. If the state board or the division receives notification
 2727  from the United States Internal Revenue Service that this
 2728  paragraph or any portion of this paragraph will cause the
 2729  retirement system, or a portion thereof, to be disqualified for
 2730  tax purposes under the Internal Revenue Code, then the portion
 2731  that will cause the disqualification does not apply. Upon such
 2732  notice, the state board and the division shall notify the
 2733  presiding officers of the Legislature.
 2734         (4) PARTICIPATION; ENROLLMENT.—
 2735         (a)1.Between June 1, 2001, and February 28, 2003, eligible
 2736  employees were provided a 90-day period to elect membership in
 2737  the investment plan. An employee who failed to elect the
 2738  investment plan during the election period remained in the
 2739  pension plan. An eligible employee who was employed in a
 2740  regularly established position during the election period was
 2741  also provided one opportunity to change plans, as provided under
 2742  paragraph (e). With respect to an eligible employee who did not
 2743  participate in the initial election period and an eligible
 2744  employee who is initially employed in a regularly established
 2745  position after the close of the initial election period but
 2746  before June 30, 2011, the on June 1, 2002, by a state employer:
 2747         a.Any such employee may elect to participate in the Public
 2748  Employee Optional Retirement Program in lieu of retaining his or
 2749  her membership in the defined benefit program of the Florida
 2750  Retirement System. The election must be made in writing or by
 2751  electronic means and must be filed with the third-party
 2752  administrator by August 31, 2002, or, in the case of an active
 2753  employee who is on a leave of absence on April 1, 2002, by the
 2754  last business day of the 5th month following the month the leave
 2755  of absence concludes. This election is irrevocable, except as
 2756  provided in paragraph (e). Upon making such election, the
 2757  employee shall be enrolled as a participant of the Public
 2758  Employee Optional Retirement Program, the employee’s membership
 2759  in the Florida Retirement System shall be governed by the
 2760  provisions of this part, and the employee’s membership in the
 2761  defined benefit program of the Florida Retirement System shall
 2762  terminate. The employee’s enrollment in the Public Employee
 2763  Optional Retirement Program shall be effective the first day of
 2764  the month for which a full month’s employer contribution is made
 2765  to the optional program.
 2766         b.Any such employee who fails to elect to participate in
 2767  the Public Employee Optional Retirement Program within the
 2768  prescribed time period is deemed to have elected to retain
 2769  membership in the defined benefit program of the Florida
 2770  Retirement System, and the employee’s option to elect to
 2771  participate in the optional program is forfeited.
 2772         2.With respect to employees who become eligible to
 2773  participate in the Public Employee Optional Retirement Program
 2774  by reason of employment in a regularly established position with
 2775  a state employer commencing after April 1, 2002:
 2776         a.Any such employee shall, by default, be enrolled in the
 2777  pension plan defined benefit retirement program of the Florida
 2778  Retirement System at the commencement of employment, and may, by
 2779  the last business day of the 5th month following the employee’s
 2780  month of hire, elect to enroll participate in the investment
 2781  plan Public Employee Optional Retirement Program. The employee’s
 2782  election must be made in writing or by electronic means and must
 2783  be filed with the third-party administrator. The election to
 2784  enroll participate in the investment plan optional program is
 2785  irrevocable, except as provided in paragraph (e).
 2786         1.b. If the employee files such election within the
 2787  prescribed time period, enrollment in the investment plan is
 2788  optional program shall be effective on the first day of
 2789  employment. The employer and employee retirement contributions
 2790  paid through the month of the employee plan change shall be
 2791  transferred to the investment plan optional program, and,
 2792  effective the first day of the next month, the employer and
 2793  employee must shall pay the applicable contributions based on
 2794  the employee membership class in the plan optional program.
 2795         2.c.An Any such employee who fails to elect to enroll
 2796  participate in the investment plan Public Employee Optional
 2797  Retirement Program within the prescribed time period is deemed
 2798  to have elected to retain membership in the pension plan defined
 2799  benefit program of the Florida Retirement System, and the
 2800  employee’s option to elect to enroll participate in the
 2801  investment plan optional program is forfeited.
 2802         3. With respect to employees who become eligible to enroll
 2803  participate in the investment plan Public Employee Optional
 2804  Retirement Program pursuant to s. 121.051(2)(c)3. or s.
 2805  121.35(3)(i), the any such employee may elect to enroll
 2806  participate in the investment plan Public Employee Optional
 2807  Retirement Program in lieu of retaining his or her participation
 2808  in the State Community College System Optional Retirement
 2809  Program or the State University System Optional Retirement
 2810  Program. The election must be made in writing or by electronic
 2811  means and must be filed with the third-party administrator. This
 2812  election is irrevocable, except as provided in paragraph (e).
 2813  Upon making such election, the employee shall be enrolled in as
 2814  a participant of the investment plan Public Employee Optional
 2815  Retirement Program, the employee’s membership in the Florida
 2816  Retirement System shall be governed by the provisions of this
 2817  part, and the employee’s participation in the State Community
 2818  College System Optional Retirement Program or the State
 2819  University System Optional Retirement Program shall terminate.
 2820  The employee’s enrollment in the investment plan is Public
 2821  Employee Optional Retirement Program shall be effective on the
 2822  first day of the month for which a full month’s of employee
 2823  contributions are employer contribution is made to the
 2824  investment plan optional program.
 2825         4.For purposes of this paragraph, “state employer” means
 2826  any agency, board, branch, commission, community college,
 2827  department, institution, institution of higher education, or
 2828  water management district of the state, which participates in
 2829  the Florida Retirement System for the benefit of certain
 2830  employees.
 2831         (b)1.With respect to an eligible employee who is employed
 2832  in a regularly established position on September 1, 2002, by a
 2833  district school board employer:
 2834         a.Any such employee may elect to participate in the Public
 2835  Employee Optional Retirement Program in lieu of retaining his or
 2836  her membership in the defined benefit program of the Florida
 2837  Retirement System. The election must be made in writing or by
 2838  electronic means and must be filed with the third-party
 2839  administrator by November 30, or, in the case of an active
 2840  employee who is on a leave of absence on July 1, 2002, by the
 2841  last business day of the 5th month following the month the leave
 2842  of absence concludes. This election is irrevocable, except as
 2843  provided in paragraph (e). Upon making such election, the
 2844  employee shall be enrolled as a participant of the Public
 2845  Employee Optional Retirement Program, the employee’s membership
 2846  in the Florida Retirement System shall be governed by the
 2847  provisions of this part, and the employee’s membership in the
 2848  defined benefit program of the Florida Retirement System shall
 2849  terminate. The employee’s enrollment in the Public Employee
 2850  Optional Retirement Program shall be effective the first day of
 2851  the month for which a full month’s employer contribution is made
 2852  to the optional program.
 2853         b.Any such employee who fails to elect to participate in
 2854  the Public Employee Optional Retirement Program within the
 2855  prescribed time period is deemed to have elected to retain
 2856  membership in the defined benefit program of the Florida
 2857  Retirement System, and the employee’s option to elect to
 2858  participate in the optional program is forfeited.
 2859         2.With respect to employees who become eligible to
 2860  participate in the Public Employee Optional Retirement Program
 2861  by reason of employment in a regularly established position with
 2862  a district school board employer commencing after July 1, 2002:
 2863         a.Any such employee shall, by default, be enrolled in the
 2864  defined benefit retirement program of the Florida Retirement
 2865  System at the commencement of employment, and may, by the last
 2866  business day of the 5th month following the employee’s month of
 2867  hire, elect to participate in the Public Employee Optional
 2868  Retirement Program. The employee’s election must be made in
 2869  writing or by electronic means and must be filed with the third
 2870  party administrator. The election to participate in the optional
 2871  program is irrevocable, except as provided in paragraph (e).
 2872         b.If the employee files such election within the
 2873  prescribed time period, enrollment in the optional program shall
 2874  be effective on the first day of employment. The employer
 2875  retirement contributions paid through the month of the employee
 2876  plan change shall be transferred to the optional program, and,
 2877  effective the first day of the next month, the employer shall
 2878  pay the applicable contributions based on the employee
 2879  membership class in the optional program.
 2880         c.Any such employee who fails to elect to participate in
 2881  the Public Employee Optional Retirement Program within the
 2882  prescribed time period is deemed to have elected to retain
 2883  membership in the defined benefit program of the Florida
 2884  Retirement System, and the employee’s option to elect to
 2885  participate in the optional program is forfeited.
 2886         3.For purposes of this paragraph, “district school board
 2887  employer means any district school board that participates in
 2888  the Florida Retirement System for the benefit of certain
 2889  employees, or a charter school or charter technical career
 2890  center that participates in the Florida Retirement System as
 2891  provided in s. 121.051(2)(d).
 2892         (c)1.With respect to an eligible employee who is employed
 2893  in a regularly established position on December 1, 2002, by a
 2894  local employer:
 2895         a.Any such employee may elect to participate in the Public
 2896  Employee Optional Retirement Program in lieu of retaining his or
 2897  her membership in the defined benefit program of the Florida
 2898  Retirement System. The election must be made in writing or by
 2899  electronic means and must be filed with the third-party
 2900  administrator by February 28, 2003, or, in the case of an active
 2901  employee who is on a leave of absence on October 1, 2002, by the
 2902  last business day of the 5th month following the month the leave
 2903  of absence concludes. This election is irrevocable, except as
 2904  provided in paragraph (e). Upon making such election, the
 2905  employee shall be enrolled as a participant of the Public
 2906  Employee Optional Retirement Program, the employee’s membership
 2907  in the Florida Retirement System shall be governed by the
 2908  provisions of this part, and the employee’s membership in the
 2909  defined benefit program of the Florida Retirement System shall
 2910  terminate. The employee’s enrollment in the Public Employee
 2911  Optional Retirement Program shall be effective the first day of
 2912  the month for which a full month’s employer contribution is made
 2913  to the optional program.
 2914         b.Any such employee who fails to elect to participate in
 2915  the Public Employee Optional Retirement Program within the
 2916  prescribed time period is deemed to have elected to retain
 2917  membership in the defined benefit program of the Florida
 2918  Retirement System, and the employee’s option to elect to
 2919  participate in the optional program is forfeited.
 2920         2.With respect to employees who become eligible to
 2921  participate in the Public Employee Optional Retirement Program
 2922  by reason of employment in a regularly established position with
 2923  a local employer commencing after October 1, 2002:
 2924         a.Any such employee shall, by default, be enrolled in the
 2925  defined benefit retirement program of the Florida Retirement
 2926  System at the commencement of employment, and may, by the last
 2927  business day of the 5th month following the employee’s month of
 2928  hire, elect to participate in the Public Employee Optional
 2929  Retirement Program. The employee’s election must be made in
 2930  writing or by electronic means and must be filed with the third
 2931  party administrator. The election to participate in the optional
 2932  program is irrevocable, except as provided in paragraph (e).
 2933         b.If the employee files such election within the
 2934  prescribed time period, enrollment in the optional program shall
 2935  be effective on the first day of employment. The employer
 2936  retirement contributions paid through the month of the employee
 2937  plan change shall be transferred to the optional program, and,
 2938  effective the first day of the next month, the employer shall
 2939  pay the applicable contributions based on the employee
 2940  membership class in the optional program.
 2941         c.Any such employee who fails to elect to participate in
 2942  the Public Employee Optional Retirement Program within the
 2943  prescribed time period is deemed to have elected to retain
 2944  membership in the defined benefit program of the Florida
 2945  Retirement System, and the employee’s option to elect to
 2946  participate in the optional program is forfeited.
 2947         3.For purposes of this paragraph, “local employer means
 2948  any employer not included in paragraph (a) or paragraph (b).
 2949         (b)(d) Contributions available for self-direction by a
 2950  member participant who has not selected one or more specific
 2951  investment products shall be allocated as prescribed by the
 2952  state board. The third-party administrator shall notify the
 2953  member any such participant at least quarterly that the member
 2954  participant should take an affirmative action to make an asset
 2955  allocation among the investment plan optional program products.
 2956         (c) On or after July 1, 2011, a member of the pension plan
 2957  who obtains a refund of employee contributions retains his or
 2958  her prior plan choice upon return to employment in a regularly
 2959  established position with a participating employer.
 2960         (d) A member of the investment plan who takes a
 2961  distribution of any contributions from his investment plan
 2962  account is considered a retiree. Upon reemployment in a
 2963  regularly established position with a participating employer,
 2964  the member returns as a new hire and, if applicable, may
 2965  participate in the Florida Retirement System.
 2966         (e) After the period during which an eligible employee had
 2967  the choice to elect the pension plan defined benefit program or
 2968  the investment plan optional retirement program, or the month
 2969  following the receipt of the eligible employee’s plan election,
 2970  if sooner, the employee shall have one opportunity, at the
 2971  employee’s discretion, to choose to move from the pension plan
 2972  defined benefit program to the investment plan optional
 2973  retirement program or from the investment plan optional
 2974  retirement program to the pension plan defined benefit program.
 2975  Eligible employees may elect to move between Florida Retirement
 2976  System programs only if they are earning service credit in an
 2977  employer-employee relationship consistent with s.
 2978  121.021(17)(b), excluding leaves of absence without pay.
 2979  Effective July 1, 2005, such elections are effective on the
 2980  first day of the month following the receipt of the election by
 2981  the third-party administrator and are not subject to the
 2982  requirements regarding an employer-employee relationship or
 2983  receipt of contributions for the eligible employee in the
 2984  effective month, except when the election is received by the
 2985  third-party administrator. This paragraph is contingent upon
 2986  receiving approval from the Internal Revenue Service to include
 2987  for including the choice described herein within the programs
 2988  offered by the Florida Retirement System.
 2989         1. If the employee chooses to move to the investment plan
 2990  optional retirement program, the applicable provisions of
 2991  subsection (3) this section shall govern the transfer.
 2992         2. If the employee chooses to move to the pension plan
 2993  defined benefit program, the employee must transfer from his or
 2994  her investment plan optional retirement program account, and
 2995  from other employee moneys as necessary, a sum representing the
 2996  present value of that employee’s accumulated benefit obligation
 2997  immediately following the time of such movement, determined
 2998  assuming that attained service equals the sum of service in the
 2999  pension plan defined benefit program and service in the
 3000  investment plan optional retirement program. Benefit
 3001  commencement occurs on the first date the employee is eligible
 3002  for unreduced benefits, using the discount rate and other
 3003  relevant actuarial assumptions that were used to value the
 3004  pension defined benefit plan liabilities in the most recent
 3005  actuarial valuation. For any employee who, at the time of the
 3006  second election, already maintains an accrued benefit amount in
 3007  the pension plan defined benefit program, the then-present value
 3008  of the accrued benefit shall be deemed part of the required
 3009  transfer amount. The division shall ensure that the transfer sum
 3010  is prepared using a formula and methodology certified by an
 3011  enrolled actuary. A refund of any employee contributions or
 3012  additional member payments made which exceed the employee
 3013  contributions that would have accrued had the member remained in
 3014  the pension plan and not transferred to the investment plan is
 3015  not permitted.
 3016         3. Notwithstanding subparagraph 2., an employee who chooses
 3017  to move to the pension plan defined benefit program and who
 3018  became eligible to participate in the optional retirement
 3019  program by reason of employment in a regularly established
 3020  position with a state employer after June 1, 2002; a district
 3021  school board employer after September 1, 2002; or a local
 3022  employer after December 1, 2002, must transfer from his or her
 3023  investment plan optional retirement program account, and from
 3024  other employee moneys as necessary, a sum representing the
 3025  employee’s actuarial accrued liability. A refund of any employee
 3026  contributions or additional participant payments made which
 3027  exceed the employee contributions that would have accrued had
 3028  the member remained in the pension plan and not transferred to
 3029  the investment plan is not permitted.
 3030         4. An employee’s ability to transfer from the pension plan
 3031  defined benefit program to the investment plan optional
 3032  retirement program pursuant to paragraphs (a) and (b) (a)-(d),
 3033  and the ability of a current employee to have an option to later
 3034  transfer back into the pension plan defined benefit program
 3035  under subparagraph 2., shall be deemed a significant system
 3036  amendment. Pursuant to s. 121.031(4), any resulting unfunded
 3037  liability arising from actual original transfers from the
 3038  pension plan defined benefit program to the investment plan
 3039  optional program must be amortized within 30 plan years as a
 3040  separate unfunded actuarial base independent of the reserve
 3041  stabilization mechanism defined in s. 121.031(3)(f). For the
 3042  first 25 years, a direct amortization payment may not be
 3043  calculated for this base. During this 25-year period, the
 3044  separate base shall be used to offset the impact of employees
 3045  exercising their second program election under this paragraph.
 3046  It is the intent of the Legislature that the actuarial funded
 3047  status of the pension plan defined benefit program not be
 3048  affected by such second program elections in any significant
 3049  manner, after due recognition of the separate unfunded actuarial
 3050  base. Following the initial 25-year period, any remaining
 3051  balance of the original separate base shall be amortized over
 3052  the remaining 5 years of the required 30-year amortization
 3053  period.
 3054         5. If the employee chooses to transfer from the investment
 3055  plan optional retirement program to the pension plan defined
 3056  benefit program and retains an excess account balance in the
 3057  investment plan optional program after satisfying the buy-in
 3058  requirements under this paragraph, the excess may not be
 3059  distributed until the member retires from the pension plan
 3060  defined benefit program. The excess account balance may be
 3061  rolled over to the pension plan defined benefit program and used
 3062  to purchase service credit or upgrade creditable service in that
 3063  program.
 3064         (f) On or after July 1, 2011, a member of the pension plan
 3065  who obtains a refund of employee contributions retains his or
 3066  her prior plan choice upon return to employment in a regularly
 3067  established position with a participating employer.
 3068         (g) A member of the investment plan who takes a
 3069  distribution of any contributions from his or her investment
 3070  plan account is considered a retiree. Upon reemployment in a
 3071  regularly established position with a participating employer,
 3072  the member returns as a new hire and, if applicable, may
 3073  participate in the Florida Retirement System.
 3074         (h) All eligible employees initially enrolled on or after
 3075  July 1, 2011, except those who are eligible and elect to enroll
 3076  in an optional retirement program established under s.
 3077  121.055(6), s. 121.35, or s. 1012.875, or those who qualify for
 3078  special risk membership pursuant to s. 121.0515, are compulsory
 3079  members of the investment plan and membership in the pension
 3080  plan is not permitted except as provided in s. 121.591. Such
 3081  employees may not use the election opportunity specified in
 3082  paragraph (e).
 3083         (5) CONTRIBUTIONS.—
 3084         (a) The Each employer and employee shall make the required
 3085  contributions to the investment plan based on a percentage of
 3086  the employee’s gross monthly compensation contribute on behalf
 3087  of each participant in the Public Employee optional retirement
 3088  Program, as provided in part III of this chapter.
 3089         (b) Employee contributions shall be paid on a pretax basis,
 3090  as provided in s. 121.71(2).
 3091         (c) The state board, acting as plan fiduciary, shall ensure
 3092  that all plan assets are held in a trust, pursuant to s. 401 of
 3093  the Internal Revenue Code. The fiduciary shall ensure that said
 3094  contributions are allocated as follows:
 3095         1. The employer and employee portion earmarked for member
 3096  participant accounts shall be used to purchase interests in the
 3097  appropriate investment vehicles for the accounts of each
 3098  participant as specified by the member participant, or in
 3099  accordance with paragraph (4)(b) (4)(d).
 3100         2. The employer portion earmarked for administrative and
 3101  educational expenses shall be transferred to the state board.
 3102         3. The employer portion earmarked for disability benefits
 3103  shall be transferred to the department.
 3104         (d)(b)The third-party administrator is Employers are
 3105  responsible for monitoring and notifying employers of the
 3106  participants regarding maximum contribution levels allowed for
 3107  members permitted under the Internal Revenue Code. If a member
 3108  participant contributes to any other tax-deferred plan, the
 3109  member he or she is responsible for ensuring that total
 3110  contributions made to the investment plan optional program and
 3111  to any other such plan do not exceed federally permitted
 3112  maximums.
 3113         (e)(c) The investment plan Public Employee Optional
 3114  Retirement Program may accept for deposit into member
 3115  participant accounts contributions in the form of rollovers or
 3116  direct trustee-to-trustee transfers by or on behalf of members
 3117  participants, reasonably determined by the state board to be
 3118  eligible for rollover or transfer to the investment plan
 3119  optional retirement program pursuant to the Internal Revenue
 3120  Code, if such contributions are made in accordance with rules as
 3121  may be adopted by the board. Such contributions must shall be
 3122  accounted for in accordance with any applicable Internal Revenue
 3123  Code requirements and rules of the state board.
 3124         (6) VESTING REQUIREMENTS.—
 3125         (a) A member is fully and immediately vested in all
 3126  employee contributions paid to the investment plan as provided
 3127  in s. 121.72(2), plus interest and earnings thereon and less
 3128  investment fees and administrative charges.
 3129         (b)(a)1. With respect to employer contributions paid on
 3130  behalf of a member of the participant to the investment plan
 3131  optional retirement program, plus interest and earnings thereon
 3132  and less investment fees and administrative charges, a member
 3133  who voluntarily elected to enroll in the investment plan before
 3134  July 1, 2011, or an eligible employee initially enrolled in the
 3135  Florida Retirement System before July 1, 2011, who has the
 3136  option to voluntarily elect to enroll in the investment plan,
 3137  participant is vested after completing 1 work year with an
 3138  employer, including any service while the employee participant
 3139  was a member of the pension plan defined benefit program or an
 3140  optional retirement program authorized under s. 121.051(2)(c),
 3141  or s. 121.055(6), or s. 121.35.
 3142         2.With respect to employer contributions paid on behalf of
 3143  the member of the investment plan, plus interest and earnings
 3144  thereon and less investment fees and administrative charges, an
 3145  employee initially enrolled in the Florida Retirement System on
 3146  or after July 1, 2011, is vested according to the following
 3147  schedule:
 3148         a. Upon completion of 1 year of service.................20%
 3149         b. Upon completion of 2 years of service................40%
 3150         c. Upon completion of 3 years of service................60%
 3151         d. Upon completion of 4 years of service................80%
 3152         e. Upon completion of 5 or more years of service.......100%
 3153  
 3154  Years of service includes any service completed while the
 3155  employee was a member of the pension plan or an optional
 3156  retirement program authorized under s. 121.051(2)(c), s.
 3157  121.055(6), or s. 121.35.
 3158         3.2. If the member participant terminates employment before
 3159  satisfying the vesting requirements, the nonvested accumulation
 3160  must be transferred from the member’s participant’s accounts to
 3161  the state board for deposit and investment by the state board in
 3162  the suspense account created within the Florida Public Employee
 3163  Optional Retirement System Investment Plan Program Trust Fund.
 3164  If the terminated member participant is reemployed as an
 3165  eligible employee within 5 years, the state board shall transfer
 3166  to the member’s participant’s account any amount previously
 3167  transferred from the member’s participant’s accounts to the
 3168  suspense account, plus actual earnings on such amount while in
 3169  the suspense account.
 3170         (c)(b)1. With respect to amounts contributed by an employer
 3171  and transferred from the pension plan defined benefit program to
 3172  the investment plan program, plus interest and earnings, and
 3173  less investment fees and administrative charges, a member
 3174  participant shall be vested in the amount transferred upon
 3175  meeting the service requirements for the member’s participant’s
 3176  membership class as set forth in s. 121.021(29). The third-party
 3177  administrator shall account for such amounts for each member
 3178  participant. The division shall notify the member participant
 3179  and the third-party administrator when the member participant
 3180  has satisfied the vesting period for Florida Retirement System
 3181  purposes.
 3182         2. If the member participant terminates employment before
 3183  satisfying the vesting requirements, the nonvested employer
 3184  accumulation must be transferred from the member’s participant’s
 3185  accounts to the state board for deposit and investment by the
 3186  state board in the suspense account created within the Florida
 3187  Public Employee Optional Retirement System Investment Plan
 3188  Program Trust Fund. If the terminated member participant is
 3189  reemployed as an eligible employee within 5 years, the state
 3190  board shall transfer to the member’s participant’s account any
 3191  amount previously transferred from the member’s participant’s
 3192  accounts to the suspense account, plus the actual earnings on
 3193  such amount while in the suspense account.
 3194         (d)(c) Any nonvested accumulations transferred from a
 3195  member’s participant’s account to the state board’s suspense
 3196  account, including any accompanying service credit, shall be
 3197  forfeited by the member participant if the member participant is
 3198  not reemployed as an eligible employee within 5 years after
 3199  termination.
 3200         (e) If the member elects to receive any of his or her
 3201  vested employer or employee contributions upon termination of
 3202  employment as defined in s. 121.021, except for a mandatory
 3203  distribution of a de minimis account authorized by the state
 3204  board or a minimum required distribution provided by s.
 3205  401(a)(9) of the Internal Revenue Code, the employee shall
 3206  forfeit all nonvested employer contributions and accompanying
 3207  service credit paid on behalf of the employee to the investment
 3208  plan.
 3209         (7) BENEFITS.—Under the investment plan the normal
 3210  retirement date is the date on which a member attains age 62 or
 3211  completes 5 years of service, whichever occurs later. Plan
 3212  benefits must Public Employee Optional Retirement program:
 3213         (a) Benefits shall Be provided in accordance with s. 401(a)
 3214  of the Internal Revenue Code.
 3215         (b) Benefits shall Accrue in individual accounts that are
 3216  member-directed participant-directed, portable, and funded by
 3217  employer and employee contributions and earnings thereon.
 3218         (c) Benefits shall Be payable in accordance with the
 3219  provisions of s. 121.591.
 3220         (8) ADMINISTRATION OF PLAN PROGRAM.—
 3221         (a) The investment plan optional retirement program shall
 3222  be administered by the state board and affected employers. The
 3223  state board may require oaths, by affidavit or otherwise, and
 3224  acknowledgments from persons in connection with the
 3225  administration of its statutory duties and responsibilities for
 3226  the plan this program. An oath, by affidavit or otherwise, may
 3227  not be required of an employee participant at the time of
 3228  enrollment. For members enrolled before July 1, 2011,
 3229  acknowledgment of an employee’s election to enroll participate
 3230  in the plan may program shall be no greater than necessary to
 3231  confirm the employee’s election. The state board shall adopt
 3232  rules to carry out its statutory duties with respect to
 3233  administering the investment plan optional retirement program,
 3234  including establishing the roles and responsibilities of
 3235  affected state, local government, and education-related
 3236  employers, the state board, the department, and third-party
 3237  contractors. The department shall adopt rules necessary to
 3238  administer the investment plan optional program in coordination
 3239  with the pension plan defined benefit program and the disability
 3240  benefits available under the investment plan optional program.
 3241         (a)(b)1. The state board shall select and contract with a
 3242  one third-party administrator to provide administrative services
 3243  if those services cannot be competitively and contractually
 3244  provided by the division of Retirement within the Department of
 3245  Management Services. With the approval of the state board, the
 3246  third-party administrator may subcontract with other
 3247  organizations or individuals to provide components of the
 3248  administrative services. As a cost of administration, the state
 3249  board may compensate any such contractor for its services, in
 3250  accordance with the terms of the contract, as is deemed
 3251  necessary or proper by the board. The third-party administrator
 3252  may not be an approved provider or be affiliated with an
 3253  approved provider.
 3254         2. These administrative services may include, but are not
 3255  limited to, enrollment of eligible employees, collection of
 3256  employer and employee contributions, disbursement of such
 3257  contributions to approved providers in accordance with the
 3258  allocation directions of members participants; services relating
 3259  to consolidated billing; individual and collective recordkeeping
 3260  and accounting; asset purchase, control, and safekeeping; and
 3261  direct disbursement of funds to and from the third-party
 3262  administrator, the division, the state board, employers, plan
 3263  members participants, approved providers, and beneficiaries.
 3264  This section does not prevent or prohibit a bundled provider
 3265  from providing any administrative or customer service, including
 3266  accounting and administration of individual member participant
 3267  benefits and contributions; individual member participant
 3268  recordkeeping; asset purchase, control, and safekeeping; direct
 3269  execution of the member’s participant’s instructions as to asset
 3270  and contribution allocation; calculation of daily net asset
 3271  values; direct access to member participant account information;
 3272  or periodic reporting to members participants, at least
 3273  quarterly, on account balances and transactions, if these
 3274  services are authorized by the state board as part of the
 3275  contract.
 3276         (b)1.3. The state board shall select and contract with one
 3277  or more organizations to provide educational services. With
 3278  approval of the state board, the organizations may subcontract
 3279  with other organizations or individuals to provide components of
 3280  the educational services. As a cost of administration, the state
 3281  board may compensate any such contractor for its services in
 3282  accordance with the terms of the contract, as is deemed
 3283  necessary or proper by the board. The education organization may
 3284  not be an approved provider or be affiliated with an approved
 3285  provider.
 3286         2.4. Educational services shall be designed by the state
 3287  board and department to assist employers, eligible employees,
 3288  members participants, and beneficiaries in order to maintain
 3289  compliance with United States Department of Labor regulations
 3290  under s. 404(c) of the Employee Retirement Income Security Act
 3291  of 1974, and to assist employees in understanding their choice
 3292  of defined benefit or defined contribution retirement program,
 3293  and, if applicable, the choice between the pension plan and the
 3294  investment plan alternatives. Educational services include, but
 3295  are not limited to, disseminating educational materials;
 3296  providing retirement planning education; explaining the pension
 3297  differences between the defined benefit retirement plan and the
 3298  investment defined contribution retirement plan; and offering
 3299  financial planning guidance on matters such as investment
 3300  diversification, investment risks, investment costs, and asset
 3301  allocation. An approved provider may also provide educational
 3302  information, including retirement planning and investment
 3303  allocation information concerning its products and services.
 3304         (c)1. In evaluating and selecting a third-party
 3305  administrator, the state board shall establish criteria for
 3306  evaluating under which it shall consider the relative
 3307  capabilities and qualifications of each proposed administrator.
 3308  In developing such criteria, the state board shall consider:
 3309         a. The administrator’s demonstrated experience in providing
 3310  administrative services to public or private sector retirement
 3311  systems.
 3312         b. The administrator’s demonstrated experience in providing
 3313  daily valued recordkeeping for investment to defined
 3314  contribution plans.
 3315         c. The administrator’s ability and willingness to
 3316  coordinate its activities with the Florida Retirement System
 3317  employers, the state board, and the division, and to supply to
 3318  such employers, the board, and the division the information and
 3319  data they require, including, but not limited to, monthly
 3320  management reports, quarterly member participant reports, and ad
 3321  hoc reports requested by the department or state board.
 3322         d. The cost-effectiveness and levels of the administrative
 3323  services provided.
 3324         e. The administrator’s ability to interact with the members
 3325  participants, the employers, the state board, the division, and
 3326  the providers; the means by which members participants may
 3327  access account information, direct investment of contributions,
 3328  make changes to their accounts, transfer moneys between
 3329  available investment vehicles, and transfer moneys between
 3330  investment products; and any fees that apply to such activities.
 3331         f. Any other factor deemed necessary by the Trustees of the
 3332  state board of Administration.
 3333         2. In evaluating and selecting an educational provider, the
 3334  state board shall establish criteria under which it shall
 3335  consider the relative capabilities and qualifications of each
 3336  proposed educational provider. In developing such criteria, the
 3337  board shall consider:
 3338         a. Demonstrated experience in providing educational
 3339  services to public or private sector retirement systems.
 3340         b. Ability and willingness to coordinate its activities
 3341  with the Florida Retirement System employers, the state board,
 3342  and the division, and to supply to such employers, the board,
 3343  and the division the information and data they require,
 3344  including, but not limited to, reports on educational contacts.
 3345         c. The cost-effectiveness and levels of the educational
 3346  services provided.
 3347         d. Ability to provide educational services via different
 3348  media, including, but not limited to, the Internet, personal
 3349  contact, seminars, brochures, and newsletters.
 3350         e. Any other factor deemed necessary by the Trustees of the
 3351  state board of Administration.
 3352         3. The establishment of the criteria shall be solely within
 3353  the discretion of the state board.
 3354         (d) The state board shall develop the form and content of
 3355  any contracts to be offered under the investment plan Public
 3356  Employee Optional Retirement Program. In developing the its
 3357  contracts, the state board shall must consider:
 3358         1. The nature and extent of the rights and benefits to be
 3359  afforded in relation to the required contributions required
 3360  under the plan program.
 3361         2. The suitability of the rights and benefits provided to
 3362  be afforded and the interests of employers in the recruitment
 3363  and retention of eligible employees.
 3364         (e)1. The state board may contract with any consultant for
 3365  professional services, including legal, consulting, accounting,
 3366  and actuarial services, deemed necessary to implement and
 3367  administer the investment plan optional program by the Trustees
 3368  of the state board of Administration. The state board may enter
 3369  into a contract with one or more vendors to provide low-cost
 3370  investment advice to members participants, supplemental to
 3371  education provided by the third-party administrator. All fees
 3372  under any such contract shall be paid by those members
 3373  participants who choose to use the services of the vendor.
 3374         2. The department may contract with consultants for
 3375  professional services, including legal, consulting, accounting,
 3376  and actuarial services, deemed necessary to implement and
 3377  administer the investment plan optional program in coordination
 3378  with the pension plan defined benefit program of the Florida
 3379  Retirement System. The department, in coordination with the
 3380  state board, may enter into a contract with the third-party
 3381  administrator in order to coordinate services common to the
 3382  various programs within the Florida Retirement System.
 3383         (f) The third-party administrator may shall not receive
 3384  direct or indirect compensation from an approved provider,
 3385  except as specifically provided for in the contract with the
 3386  state board.
 3387         (g) The state board shall receive and resolve member
 3388  participant complaints against the investment plan program, the
 3389  third-party administrator, or any plan program vendor or
 3390  provider; shall resolve any conflict between the third-party
 3391  administrator and an approved provider if such conflict
 3392  threatens the implementation or administration of the plan
 3393  program or the quality of services to employees; and may resolve
 3394  any other conflicts. The third-party administrator shall retain
 3395  all member participant records for at least 5 years for use in
 3396  resolving any member participant conflicts. The state board, the
 3397  third-party administrator, or a provider is not required to
 3398  produce documentation or an audio recording to justify action
 3399  taken with regard to a member participant if the action occurred
 3400  5 or more years before the complaint is submitted to the state
 3401  board. It is presumed that all action taken 5 or more years
 3402  before the complaint is submitted was taken at the request of
 3403  the member participant and with the member’s participant’s full
 3404  knowledge and consent. To overcome this presumption, the member
 3405  participant must present documentary evidence or an audio
 3406  recording demonstrating otherwise.
 3407         (9) INVESTMENT OPTIONS OR PRODUCTS; PERFORMANCE REVIEW.—
 3408         (a) The state board shall develop policy and procedures for
 3409  selecting, evaluating, and monitoring the performance of
 3410  approved providers and investment products to which employees
 3411  may direct retirement contributions under the investment plan
 3412  program. In accordance with such policy and procedures, the
 3413  state board shall designate and contract for a number of
 3414  investment products as determined by the state board. The state
 3415  board shall also select one or more bundled providers, each of
 3416  which whom may offer multiple investment options and related
 3417  services, if when such an approach is determined by the state
 3418  board to provide afford value to the members participants
 3419  otherwise not available through individual investment products.
 3420  Each approved bundled provider may offer investment options that
 3421  provide members participants with the opportunity to invest in
 3422  each of the following asset classes, to be composed of
 3423  individual options that represent either a single asset class or
 3424  a combination thereof: money markets, United States fixed
 3425  income, United States equities, and foreign stock. The state
 3426  board shall review and manage all educational materials,
 3427  contract terms, fee schedules, and other aspects of the approved
 3428  provider relationships to ensure that no provider is unduly
 3429  favored or penalized by virtue of its status within the
 3430  investment plan.
 3431         (b) The state board shall consider investment options or
 3432  products it considers appropriate to give members participants
 3433  the opportunity to accumulate retirement benefits, subject to
 3434  the following:
 3435         1. The investment plan Public Employee Optional Retirement
 3436  Program must offer a diversified mix of low-cost investment
 3437  products that span the risk-return spectrum and may include a
 3438  guaranteed account as well as investment products, such as
 3439  individually allocated guaranteed and variable annuities, which
 3440  meet the requirements of this subsection and combine the ability
 3441  to accumulate investment returns with the option of receiving
 3442  lifetime income consistent with the long-term retirement
 3443  security of a pension plan and similar to the lifetime-income
 3444  benefit provided by the Florida Retirement System.
 3445         2. Investment options or products offered by the group of
 3446  approved providers may include mutual funds, group annuity
 3447  contracts, individual retirement annuities, interests in trusts,
 3448  collective trusts, separate accounts, and other such financial
 3449  instruments, and may include products that give members
 3450  participants the option of committing their contributions for an
 3451  extended time period in an effort to obtain returns higher than
 3452  those that could be obtained from investment products offering
 3453  full liquidity.
 3454         3. The state board may shall not contract with a any
 3455  provider that imposes a front-end, back-end, contingent, or
 3456  deferred sales charge, or any other fee that limits or restricts
 3457  the ability of members participants to select any investment
 3458  product available in the investment plan optional program. This
 3459  prohibition does not apply to fees or charges that are imposed
 3460  on withdrawals from products that give members participants the
 3461  option of committing their contributions for an extended time
 3462  period in an effort to obtain returns higher than those that
 3463  could be obtained from investment products offering full
 3464  liquidity, provided that the product in question, net of all
 3465  fees and charges, produces material benefits relative to other
 3466  comparable products in the plan program offering full liquidity.
 3467         4. Fees or charges for insurance features, such as
 3468  mortality and expense-risk charges, must be reasonable relative
 3469  to the benefits provided.
 3470         (c) In evaluating and selecting approved providers and
 3471  products, the state board shall establish criteria for
 3472  evaluating under which it shall consider the relative
 3473  capabilities and qualifications of each proposed provider
 3474  company and product. In developing such criteria, the state
 3475  board shall consider the following to the extent such factors
 3476  may be applied in connection with investment products, services,
 3477  or providers:
 3478         1. Experience in the United States providing retirement
 3479  products and related financial services under investment defined
 3480  contribution retirement plans.
 3481         2. Financial strength and stability as which shall be
 3482  evidenced by the highest ratings assigned by nationally
 3483  recognized rating services when comparing proposed providers
 3484  that are so rated.
 3485         3. Intrastate and interstate portability of the product
 3486  offered, including early withdrawal options.
 3487         4. Compliance with the Internal Revenue Code.
 3488         5. The cost-effectiveness of the product provided and the
 3489  levels of service supporting the product relative to its
 3490  benefits and its characteristics, including, without limitation,
 3491  the level of risk borne by the provider.
 3492         6. The provider company’s ability and willingness to
 3493  coordinate its activities with Florida Retirement System
 3494  employers, the department, and the state board, and to supply to
 3495  the such employers, the department, and the state board with the
 3496  information and data they require.
 3497         7. The methods available to members participants to
 3498  interact with the provider company; the means by which members
 3499  participants may access account information, direct investment
 3500  of contributions, make changes to their accounts, transfer
 3501  moneys between available investment vehicles, and transfer
 3502  moneys between provider companies; and any fees that apply to
 3503  such activities.
 3504         8. The provider company’s policies with respect to the
 3505  transfer of individual account balances, contributions, and
 3506  earnings thereon, both internally among investment products
 3507  offered by the provider company and externally between approved
 3508  providers, as well as any fees, charges, reductions, or
 3509  penalties that may be applied.
 3510         9. An evaluation of specific investment products, taking
 3511  into account each product’s experience in meeting its investment
 3512  return objectives net of all related fees, expenses, and
 3513  charges, including, but not limited to, investment management
 3514  fees, loads, distribution and marketing fees, custody fees,
 3515  recordkeeping fees, education fees, annuity expenses, and
 3516  consulting fees.
 3517         10. Organizational factors, including, but not limited to,
 3518  financial solvency, organizational depth, and experience in
 3519  providing institutional and retail investment services.
 3520         (d) By March 1, 2010, The state board shall identify and
 3521  offer at least one terror-free investment product that allocates
 3522  its funds among securities not subject to divestiture as
 3523  provided in s. 215.473 if the investment product is deemed by
 3524  the state board to be consistent with prudent investor
 3525  standards. No person may bring a civil, criminal, or
 3526  administrative action against an approved provider; the state
 3527  board; or any employee, officer, director, or trustee of such
 3528  provider based upon the divestiture of any security or the
 3529  offering of a terror-free investment product as specified in
 3530  this paragraph.
 3531         (e) As a condition of offering an any investment option or
 3532  product in the investment plan optional retirement program, the
 3533  approved provider must agree to make the investment product or
 3534  service available under the most beneficial terms offered to any
 3535  other customer, subject to approval by the Trustees of the state
 3536  board of Administration.
 3537         (f) The state board shall regularly review the performance
 3538  of each approved provider and product and related organizational
 3539  factors to ensure continued compliance with established
 3540  selection criteria and with board policy and procedures.
 3541  Providers and products may be terminated subject to contract
 3542  provisions. The state board shall adopt procedures to transfer
 3543  account balances from terminated products or providers to other
 3544  products or providers in the investment plan optional program.
 3545         (g)1. An approved provider shall comply with all applicable
 3546  federal and state securities and insurance laws and regulations
 3547  applicable to the provider, as well as with the applicable rules
 3548  and guidelines of the National Association of Securities Dealers
 3549  which govern the ethical marketing of investment products. In
 3550  furtherance of this mandate, an approved provider must agree in
 3551  its contract with the state board to establish and maintain a
 3552  compliance education and monitoring system to supervise the
 3553  activities of all personnel who directly communicate with
 3554  individual members participants and recommend investment
 3555  products, which system is consistent with rules of the National
 3556  Association of Securities Dealers.
 3557         2. Approved provider personnel who directly communicate
 3558  with individual members participants and who recommend
 3559  investment products shall make an independent and unbiased
 3560  determination as to whether an investment product is suitable
 3561  for a particular member participant.
 3562         3. The state board shall develop procedures to receive and
 3563  resolve member participant complaints against a provider or
 3564  approved provider personnel, and, if when appropriate, refer
 3565  such complaints to the appropriate agency.
 3566         4. Approved providers may not sell or in any way distribute
 3567  any customer list or member participant identification
 3568  information generated through their offering of products or
 3569  services through the investment plan optional retirement
 3570  program.
 3571         (10) EDUCATION COMPONENT.—
 3572         (a) The state board, in coordination with the department,
 3573  shall provide for an education component for eligible employees
 3574  system members in a manner consistent with the provisions of
 3575  this section. The education component must be available to
 3576  eligible employees at least 90 days before prior to the
 3577  beginning date of the election period for the employees of the
 3578  respective types of employers.
 3579         (b) The education component must provide eligible employees
 3580  system members with impartial and balanced information about
 3581  plan choices. The education component must involve multimedia
 3582  formats. Plan Program comparisons must, to the greatest extent
 3583  possible, be based upon the retirement income that different
 3584  retirement programs may provide to the member participant. The
 3585  state board shall monitor the performance of the contract for
 3586  the education component to ensure that the program is conducted
 3587  in accordance with the contract, applicable law, and the rules
 3588  of the board.
 3589         (c) The state board, in coordination with the department,
 3590  shall provide for an initial and ongoing transfer education
 3591  component to provide system members with information necessary
 3592  to make informed plan choice decisions. The transfer education
 3593  component must include, but is not limited to, information on:
 3594         1. The amount of money available to a member to transfer to
 3595  the investment plan defined contribution program.
 3596         2. The features of and differences between the pension plan
 3597  defined benefit program and the investment plan defined
 3598  contribution program, both generally and specifically, as those
 3599  differences may affect the member.
 3600         3. The expected benefit available if the member were to
 3601  retire under each of the retirement programs, based on
 3602  appropriate alternative sets of assumptions.
 3603         4. The rate of return from investments in the investment
 3604  plan defined contribution program and the period of time over
 3605  which such rate of return must be achieved to equal or exceed
 3606  the expected monthly benefit payable to the member under the
 3607  pension plan defined benefit program.
 3608         5. The historical rates of return for the investment
 3609  alternatives available in the investment plan defined
 3610  contribution programs.
 3611         6. The benefits and historical rates of return on
 3612  investments available in a typical deferred compensation plan or
 3613  a typical plan under s. 403(b) of the Internal Revenue Code for
 3614  which the employee may be eligible.
 3615         7. The program choices available to employees of the State
 3616  University System and the comparative benefits of each available
 3617  program, if applicable.
 3618         8. Payout options available in each of the retirement
 3619  programs.
 3620         (d) An ongoing education and communication component must
 3621  provide eligible employees system members with information
 3622  necessary to make informed decisions about choices within their
 3623  retirement program of membership and in preparation for
 3624  retirement. The component must include, but is not limited to,
 3625  information concerning:
 3626         1. Rights and conditions of membership.
 3627         2. Benefit features within the program, options, and
 3628  effects of certain decisions.
 3629         3. Coordination of contributions and benefits with a
 3630  deferred compensation plan under s. 457 or a plan under s.
 3631  403(b) of the Internal Revenue Code.
 3632         4. Significant program changes.
 3633         5. Contribution rates and program funding status.
 3634         6. Planning for retirement.
 3635         (e) Descriptive materials must be prepared under the
 3636  assumption that the employee is an unsophisticated investor, and
 3637  all materials used in the education component must be approved
 3638  by the state board before prior to dissemination.
 3639         (f) The state board and the department shall also establish
 3640  a communication component to provide program information to
 3641  participating employers and the employers’ personnel and payroll
 3642  officers and to explain their respective responsibilities in
 3643  conjunction with the retirement programs.
 3644         (g) Funding for education of new employees may reflect
 3645  administrative costs to the investment plan optional program and
 3646  the pension plan defined benefit program.
 3647         (h) Pursuant to paragraph (8)(a), all Florida Retirement
 3648  System employers have an obligation to regularly communicate the
 3649  existence of the two Florida Retirement System plans and the
 3650  plan choice in the natural course of administering their
 3651  personnel functions, using the educational materials supplied by
 3652  the state board and the department of Management Services.
 3653         (11) MEMBER PARTICIPANT INFORMATION REQUIREMENTS.—The state
 3654  board shall ensure that each member participant is provided a
 3655  quarterly statement that accounts for employer and employee the
 3656  contributions made on behalf of the member such participant; the
 3657  interest and investment earnings thereon; and any fees,
 3658  penalties, or other deductions that apply thereto. At a minimum,
 3659  such statements must:
 3660         (a) Indicate the member’s participant’s investment options.
 3661         (b) State the market value of the account at the close of
 3662  the current quarter and previous quarter.
 3663         (c) Show account gains and losses for the period and
 3664  changes in account accumulation unit values for the quarter
 3665  period.
 3666         (d) Itemize account contributions for the quarter.
 3667         (e) Indicate any account changes due to adjustment of
 3668  contribution levels, reallocation of contributions, balance
 3669  transfers, or withdrawals.
 3670         (f) Set forth any fees, charges, penalties, and deductions
 3671  that apply to the account.
 3672         (g) Indicate the amount of the account in which the member
 3673  participant is fully vested and the amount of the account in
 3674  which the member participant is not vested.
 3675         (h) Indicate each investment product’s performance relative
 3676  to an appropriate market benchmark.
 3677  
 3678  The third-party administrator shall provide quarterly and annual
 3679  summary reports to the state board and any other reports
 3680  requested by the department or the board. In any solicitation or
 3681  offer of coverage under the investment plan an optional
 3682  retirement program, a provider company shall be governed by the
 3683  contract readability provisions of s. 627.4145, notwithstanding
 3684  s. 627.4145(6)(c). In addition, all descriptive materials must
 3685  be prepared under the assumption that the member participant is
 3686  an unsophisticated investor. Provider companies must maintain an
 3687  internal system of quality assurance, have proven functional
 3688  systems that are date-calculation compliant, and be subject to a
 3689  due-diligence inquiry that proves their capacity and fitness to
 3690  undertake service responsibilities.
 3691         (12) ADVISORY COUNCIL TO PROVIDE ADVICE AND ASSISTANCE.—The
 3692  Investment Advisory Council, created pursuant to s. 215.444,
 3693  shall assist the state board in implementing and administering
 3694  the investment plan Public Employee Optional Retirement Program.
 3695  The Investment Advisory council, created pursuant to s. 215.444,
 3696  shall review the state board’s initial recommendations regarding
 3697  the criteria to be used in selecting and evaluating approved
 3698  providers and investment products. The council may provide
 3699  comments on the recommendations to the board within 45 days
 3700  after receiving the initial recommendations. The state board
 3701  shall make the final determination as to whether any investment
 3702  provider or product, any contractor, or any and all contract
 3703  provisions are shall be approved for the investment plan
 3704  program.
 3705         (13) FEDERAL REQUIREMENTS.—
 3706         (a) Provisions of This section shall be construed, and the
 3707  investment plan Public Employee Optional Retirement Program
 3708  shall be administered, so as to comply with the Internal Revenue
 3709  Code, 26 U.S.C., and specifically with plan qualification
 3710  requirements imposed on governmental plans under s. 401(a) of
 3711  the Internal Revenue Code. The state board may shall have the
 3712  power and authority to adopt rules reasonably necessary to
 3713  establish or maintain the qualified status of the investment
 3714  plan Optional Retirement Program under the Internal Revenue Code
 3715  and to implement and administer the plan Optional Retirement
 3716  Program in compliance with the Internal Revenue Code and this
 3717  part; provided however, that the board may shall not have the
 3718  authority to adopt any rule which makes a substantive change to
 3719  the investment plan Optional Retirement Program as designed by
 3720  this part.
 3721         (b) Any section or provision of this chapter which is
 3722  susceptible to more than one construction shall must be
 3723  interpreted in favor of the construction most likely to satisfy
 3724  requirements imposed by s. 401(a) of the Internal Revenue Code.
 3725         (c) Employer and employee contributions payable under this
 3726  section for any limitation year may not exceed the maximum
 3727  amount allowable for qualified defined contribution pension
 3728  plans under applicable provisions of the Internal Revenue Code.
 3729  If an employee who is enrolled who has elected to participate in
 3730  the investment plan enrolls Public Employee Optional Retirement
 3731  Program participates in any other plan that is maintained by the
 3732  participating employer, benefits that accrue under the
 3733  investment plan are Public Employee Optional Retirement Program
 3734  shall be considered primary for any aggregate limitation
 3735  applicable under s. 415 of the Internal Revenue Code.
 3736         (14) INVESTMENT POLICY STATEMENT.—
 3737         (a) Investment products and approved providers selected for
 3738  the investment plan Public Employee Optional Retirement Program
 3739  must shall conform with the Florida Public Employee Optional
 3740  Retirement System Program Investment Plan Policy Statement,
 3741  herein referred to as the “statement,” as developed and approved
 3742  by the Trustees of the state board of Administration. The
 3743  statement must include, among other items, the investment
 3744  objectives of the investment plan Public Employee Optional
 3745  Retirement Program, manager selection and monitoring guidelines,
 3746  and performance measurement criteria. As required from time to
 3747  time, the executive director of the state board may present
 3748  recommended changes in the statement to the board for approval.
 3749         (b) Before Prior to presenting the statement, or any
 3750  recommended changes thereto, to the state board, the executive
 3751  director of the board shall present such statement or changes to
 3752  the Investment Advisory Council for review. The council shall
 3753  present the results of its review to the board prior to the
 3754  board’s final approval of the statement or changes in the
 3755  statement.
 3756         (15) STATEMENT OF FIDUCIARY STANDARDS AND
 3757  RESPONSIBILITIES.—
 3758         (a) Investment of investment plan optional defined
 3759  contribution retirement plan assets shall be made for the sole
 3760  interest and exclusive purpose of providing benefits to plan
 3761  members participants and beneficiaries and defraying reasonable
 3762  expenses of administering the plan. The program’s assets shall
 3763  are to be invested, on behalf of the members program
 3764  participants, with the care, skill, and diligence that a prudent
 3765  person acting in a like manner would undertake. The performance
 3766  of the investment duties set forth in this paragraph shall
 3767  comply with the fiduciary standards set forth in the Employee
 3768  Retirement Income Security Act of 1974 at 29 U.S.C. s.
 3769  1104(a)(1)(A)-(C). In case of conflict with other provisions of
 3770  law authorizing investments, the investment and fiduciary
 3771  standards set forth in this subsection shall prevail.
 3772         (b) If a member participant or beneficiary of the
 3773  investment plan Public Employee Optional Retirement program
 3774  exercises control over the assets in his or her account, as
 3775  determined by reference to regulations of the United States
 3776  Department of Labor under s. 404(c) of the Employee Retirement
 3777  Income Security Act of 1974 and all applicable laws governing
 3778  the operation of the program, a no program fiduciary is not
 3779  shall be liable for any loss to a member’s participant’s or
 3780  beneficiary’s account which results from the member’s such
 3781  participant’s or beneficiary’s exercise of control.
 3782         (c) Subparagraph (8)(b)2. (8)(b)4. and paragraph (15)(b)
 3783  incorporate the federal law concept of member participant
 3784  control, established by regulations of the United States
 3785  Department of Labor under s. 404(c) of the Employee Retirement
 3786  Income Security Act of 1974 (ERISA). The purpose of this
 3787  paragraph is to assist employers and the state board of
 3788  Administration in maintaining compliance with s. 404(c), while
 3789  avoiding unnecessary costs and eroding member participant
 3790  benefits under the investment plan Public Employee Optional
 3791  Retirement program. Pursuant to 29 C.F.R. s. 2550.404c
 3792  1(b)(2)(i)(B)(1)(viii), the state board of Administration or its
 3793  designated agents shall deliver to members participants of the
 3794  investment plan Public Employee Optional Retirement program a
 3795  copy of the prospectus most recently provided to the plan, and,
 3796  pursuant to 29 C.F.R. s. 2550.404c-1(b)(2)(i)(B)(2)(ii), shall
 3797  provide such members participants an opportunity to obtain this
 3798  information, except that:
 3799         1. The requirement to deliver a prospectus shall be deemed
 3800  to be satisfied by delivery of a fund profile or summary profile
 3801  that contains the information that would be included in a
 3802  summary prospectus as described by Rule 498 under the Securities
 3803  Act of 1933, 17 C.F.R. s. 230.498. If When the transaction fees,
 3804  expense information, or other information provided by a mutual
 3805  fund in the prospectus does not reflect terms negotiated by the
 3806  state board of Administration or its designated agents, the
 3807  aforementioned requirement is deemed to be satisfied by delivery
 3808  of a separate document described by Rule 498 substituting
 3809  accurate information; and
 3810         2. Delivery shall be deemed to have been effected if
 3811  delivery is through electronic means and the following standards
 3812  are satisfied:
 3813         a. Electronically-delivered documents are prepared and
 3814  provided consistent with style, format, and content requirements
 3815  applicable to printed documents;
 3816         b. Each member participant is provided timely and adequate
 3817  notice of the documents that are to be delivered and their
 3818  significance thereof, and of the member’s participant’s right to
 3819  obtain a paper copy of such documents free of charge;
 3820         c.(I)Members Participants have adequate access to the
 3821  electronic documents, at locations such as their worksites or
 3822  public facilities, and have the ability to convert the documents
 3823  to paper free of charge by the state board of Administration,
 3824  and the board or its designated agents take appropriate and
 3825  reasonable measures to ensure that the system for furnishing
 3826  electronic documents results in actual receipt., or
 3827         (II)Members Participants have provided consent to receive
 3828  information in electronic format, which consent may be revoked;
 3829  and
 3830         d. The state board of Administration, or its designated
 3831  agent, actually provides paper copies of the documents free of
 3832  charge, upon request.
 3833         (16) DISABILITY BENEFITS.—For any member participant of the
 3834  investment plan optional retirement program who becomes totally
 3835  and permanently disabled, benefits must shall be paid in
 3836  accordance with the provisions of s. 121.591.
 3837         (17) SOCIAL SECURITY COVERAGE.—Social security coverage
 3838  shall be provided for all officers and employees who become
 3839  members participants of the investment plan optional program.
 3840  Any modification of the present agreement with the Social
 3841  Security Administration, or referendum required under the Social
 3842  Security Act, for the purpose of providing social security
 3843  coverage for any member shall be requested by the state agency
 3844  in compliance with the applicable provisions of the Social
 3845  Security Act governing such coverage. However, retroactive
 3846  social security coverage for service before prior to December 1,
 3847  1970, with the employer may shall not be provided for any member
 3848  who was not covered under the agreement as of November 30, 1970.
 3849         (18) RETIREE HEALTH INSURANCE SUBSIDY.—All officers and
 3850  employees who are members participants of the investment plan
 3851  are optional program shall be eligible to receive the retiree
 3852  health insurance subsidy, subject to the provisions of s.
 3853  112.363.
 3854         (19) MEMBER PARTICIPANT RECORDS.—Personal identifying
 3855  information of a member of participant in the investment plan
 3856  Public Employee Optional Retirement Program contained in Florida
 3857  Retirement System records held by the state board of
 3858  Administration or the department of Management Services is
 3859  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 3860  Constitution.
 3861         (20) DESIGNATION OF BENEFICIARIES.—
 3862         (a) Each member participant may, by electronic means or on
 3863  a form provided for that purpose, signed and filed with the
 3864  third-party administrator, designate a choice of one or more
 3865  persons, named sequentially or jointly, as his or her
 3866  beneficiary for receiving who shall receive the benefits, if
 3867  any, which may be payable pursuant to this chapter in the event
 3868  of the member’s participant’s death. If no beneficiary is named
 3869  in this manner, or if no beneficiary designated by the member
 3870  participant survives the member participant, the beneficiary
 3871  shall be the spouse of the deceased, if living. If the member’s
 3872  participant’s spouse is not alive at the time of the
 3873  beneficiary’s his or her death, the beneficiary shall be the
 3874  member’s living children of the participant. If no children
 3875  survive, the beneficiary shall be the member’s participant’s
 3876  father or mother, if living; otherwise, the beneficiary shall be
 3877  the member’s participant’s estate. The beneficiary most recently
 3878  designated by a member participant on a form or letter filed
 3879  with the third-party administrator shall be the beneficiary
 3880  entitled to any benefits payable at the time of the member’s
 3881  participant’s death. However Notwithstanding any other provision
 3882  in this subsection to the contrary, if a member for a
 3883  participant who dies before prior to his or her effective date
 3884  of retirement, the spouse at the time of death shall be the
 3885  member’s participant’s beneficiary unless the member such
 3886  participant designates a different beneficiary as provided in
 3887  this subsection subsequent to the member’s participant’s most
 3888  recent marriage.
 3889         (b) If a member participant designates a primary
 3890  beneficiary other than the member’s participant’s spouse, the
 3891  member’s participant’s spouse must sign the beneficiary
 3892  designation form to acknowledge the designation. This
 3893  requirement does not apply to the designation of one or more
 3894  contingent beneficiaries to receive benefits remaining upon the
 3895  death of the primary beneficiary or beneficiaries.
 3896         (c) Notwithstanding the member’s participant’s designation
 3897  of benefits to be paid through a trust to a beneficiary that is
 3898  a natural person, and notwithstanding the provisions of the
 3899  trust, benefits must shall be paid directly to the beneficiary
 3900  if the person is no longer a minor or an incapacitated person as
 3901  defined in s. 744.102.
 3902         (21) PARTICIPATION BY TERMINATED DEFERRED RETIREMENT OPTION
 3903  PROGRAM PARTICIPANTS.—Notwithstanding any other provision of law
 3904  to the contrary, members participating participants in the
 3905  Deferred Retirement Option Program offered under part I may,
 3906  after conclusion of their participation in the program, elect to
 3907  roll over or authorize a direct trustee-to-trustee transfer to
 3908  an account under the investment plan Public Employee Optional
 3909  Retirement Program of their Deferred Retirement Option Program
 3910  proceeds distributed as provided under s. 121.091(13)(c)5. The
 3911  transaction must constitute an “eligible rollover distribution”
 3912  within the meaning of s. 402(c)(4) of the Internal Revenue Code.
 3913         (a) The investment plan Public Employee Optional Retirement
 3914  Program may accept such amounts for deposit into member
 3915  participant accounts as provided in paragraph (5)(e) (5)(c).
 3916         (b) The affected member participant shall direct the
 3917  investment of his or her investment account; however, unless he
 3918  or she becomes a renewed member of the Florida Retirement System
 3919  under s. 121.122 and elects to enroll participate in the
 3920  investment plan Public Employee Optional Retirement program,
 3921  employer and employee contributions may not be made to the
 3922  member’s participant’s account as provided under paragraph
 3923  (5)(a).
 3924         (c) The state board or the department is not responsible
 3925  for locating those persons who may be eligible to enroll
 3926  participate in the investment plan Public Employee Optional
 3927  Retirement Program under this subsection.
 3928         (22) CREDIT FOR MILITARY SERVICE.—Creditable service of any
 3929  member of the investment program includes Public Employee
 3930  Optional Retirement Program shall include military service in
 3931  the Armed Forces of the United States as provided in the
 3932  conditions outlined in s. 121.111(1).
 3933         Section 23. Section 121.4502, Florida Statutes, is amended
 3934  to read:
 3935         121.4502 Florida Public Employee Optional Retirement System
 3936  Investment Plan Program Trust Fund.—
 3937         (1) The Florida Public Employee Optional Retirement System
 3938  Investment Plan Program Trust Fund is created to hold the assets
 3939  of the Florida Public Employee Optional Retirement System
 3940  Investment Plan Program in trust for the exclusive benefit of
 3941  plan members such program’s participants and beneficiaries, and
 3942  for the payment of reasonable administrative expenses of the
 3943  plan program, in accordance with s. 401 of the Internal Revenue
 3944  Code, and shall be administered by the State Board of
 3945  Administration as trustee. Funds shall be credited to the trust
 3946  fund as provided in this part and, to be used for the purposes
 3947  of this part. The trust fund is exempt from the service charges
 3948  imposed by s. 215.20.
 3949         (2) The Florida Public Employee Optional Retirement System
 3950  Investment Plan Program Trust Fund is a retirement trust fund of
 3951  the Florida Retirement System that accounts for retirement plan
 3952  assets held by the state in a trustee capacity as a fiduciary
 3953  for individual members participants in the Florida Public
 3954  Employee Optional Retirement System Investment Plan Program and,
 3955  pursuant to s. 19(f), Art. III of the State Constitution, is not
 3956  subject to termination.
 3957         (3) A forfeiture account shall be created within the
 3958  Florida Retirement System Investment Plan Public Employee
 3959  Optional Retirement Program Trust Fund to hold the assets
 3960  derived from the forfeiture of benefits by participating members
 3961  participants. Pursuant to a private letter ruling from the
 3962  Internal Revenue Service, the forfeiture account may be used
 3963  only for paying expenses of the Florida Retirement System
 3964  Investment Plan Public Employee Optional Retirement Program and
 3965  reducing future employer contributions to the program.
 3966  Consistent with Rulings 80-155 and 74-340 of the Internal
 3967  Revenue Service, unallocated reserves within the forfeiture
 3968  account must be used as quickly and as prudently as possible
 3969  considering the state board’s fiduciary duty. Expected
 3970  withdrawals from the account must endeavor to reduce the account
 3971  to zero each fiscal year.
 3972         Section 24. Subsections (1) and (3) of section 121.4503,
 3973  Florida Statutes, are amended to read:
 3974         121.4503 Florida Retirement System Contributions Clearing
 3975  Trust Fund.—
 3976         (1) The Florida Retirement System Contributions Clearing
 3977  Trust Fund is created as a clearing fund for disbursing employer
 3978  and employee contributions to the component plans of the Florida
 3979  Retirement System and shall be administered by the department of
 3980  Management Services. Funds shall be credited to the trust fund
 3981  as provided in this chapter and shall be held in trust for the
 3982  contributing employers and employees until such time as the
 3983  assets are transferred by the department to the Florida
 3984  Retirement System Trust Fund, the Florida Public Employee
 3985  Optional Retirement System Investment Plan Program Trust Fund,
 3986  or other trust funds as authorized by law, to be used for the
 3987  purposes of this chapter. The trust fund is exempt from the
 3988  service charges imposed by s. 215.20.
 3989         (3) The department of Management Services may adopt rules
 3990  governing the receipt and disbursement of amounts received by
 3991  the Florida Retirement System Contributions Clearing Trust Fund
 3992  from employers and employees contributing to the component plans
 3993  of the Florida Retirement System.
 3994         Section 25. Section 121.571, Florida Statutes, is amended
 3995  to read:
 3996         121.571 Contributions.—Contributions to the Florida Public
 3997  Employee Optional Retirement System Investment Plan Program
 3998  shall be made as follows:
 3999         (1) CONTRIBUTORY NONCONTRIBUTORY PLAN.—Each employer and
 4000  employee shall submit accomplish the contributions as required
 4001  under by s. 121.71 by a procedure in which no employee’s gross
 4002  salary shall be reduced.
 4003         (2) CONTRIBUTION RATES GENERALLY.—Contributions to fund the
 4004  retirement and disability benefits provided under this part must
 4005  shall be based on the uniform contribution rates established by
 4006  s. 121.71 and on the membership class or subclass of the
 4007  employee participant. Such contributions must shall be allocated
 4008  as provided in ss. 121.72 and 121.73.
 4009         (3) CONTRIBUTIONS FOR SOCIAL SECURITY COVERAGE AND FOR
 4010  RETIREE HEALTH INSURANCE SUBSIDY.—Contributions required under
 4011  s. 121.71 are this section shall be in addition to employer and
 4012  member contributions required for social security and the
 4013  Retiree Health Insurance Subsidy Trust Fund as required under
 4014  provided in ss. 112.363, 121.052, 121.055, and 121.071, as
 4015  appropriate.
 4016         Section 26. Section 121.591, Florida Statutes, is amended
 4017  to read:
 4018         121.591 Payment of benefits payable under the Public
 4019  Employee Optional Retirement Program of the Florida Retirement
 4020  System.—Benefits may not be paid under the Florida Retirement
 4021  System Investment Plan this section unless the member has
 4022  terminated employment as provided in s. 121.021(39)(a) or is
 4023  deceased and a proper application has been filed as in the
 4024  manner prescribed by the state board or the department. Before
 4025  termination of employment, benefits are not payable under the
 4026  investment plan for employee hardships, unforeseeable
 4027  emergencies, loans, medical expenses, educational expenses,
 4028  purchase of a principal residence, payments necessary to prevent
 4029  eviction or foreclosure on an employee’s principal residence, or
 4030  any other reason prior to termination from all employment
 4031  relationships with participating employers. The state board or
 4032  department, as appropriate, may cancel an application for
 4033  retirement benefits if when the member or beneficiary fails to
 4034  timely provide the information and documents required by this
 4035  chapter and the rules of the state board and department. In
 4036  accordance with their respective responsibilities as provided
 4037  herein, the state board of Administration and the department of
 4038  Management Services shall adopt rules establishing procedures
 4039  for application for retirement benefits and for the cancellation
 4040  of such application if when the required information or
 4041  documents are not received. The state board of Administration
 4042  and the department of Management Services, as appropriate, are
 4043  authorized to cash out a de minimis account of not more than
 4044  $5,000 of a member participant who has been terminated from
 4045  Florida Retirement System covered employment for a minimum of 6
 4046  calendar months. A de minimis account is an account containing
 4047  employer contributions and accumulated earnings of not more than
 4048  $5,000 made under the provisions of this chapter. Such cash-out
 4049  must either be a complete lump-sum liquidation of the account
 4050  balance, subject to the provisions of the Internal Revenue Code,
 4051  or a lump-sum direct rollover distribution paid directly to the
 4052  custodian of an eligible retirement plan, as defined by the
 4053  Internal Revenue Code, on behalf of the member participant. Any
 4054  nonvested accumulations, including amounts transferred to the
 4055  suspense account of the Florida Retirement System Investment
 4056  Plan Trust Fund, are forfeited upon payment of any vested
 4057  benefit to a member or beneficiary, except for de minimis
 4058  distributions or minimum required distributions as provided
 4059  under this section. If any financial instrument issued for the
 4060  payment of retirement benefits under this section is not
 4061  presented for payment within 180 days after the last day of the
 4062  month in which it was originally issued, the third-party
 4063  administrator or other duly authorized agent of the state board
 4064  of Administration shall cancel the instrument and credit the
 4065  amount of the instrument to the suspense account of the Florida
 4066  Public Employee Optional Retirement System Investment Plan
 4067  Program Trust Fund authorized under s. 121.4501(6). Any such
 4068  amounts transferred to the suspense account are payable upon a
 4069  proper application, not to include earnings thereon, as provided
 4070  in this section, within 10 years after the last day of the month
 4071  in which the instrument was originally issued, after which time
 4072  such amounts and any earnings attributable to employer
 4073  contributions are thereon shall be forfeited. Any such forfeited
 4074  amounts are assets of the Public Employee Optional Retirement
 4075  Program trust fund and are not subject to the provisions of
 4076  chapter 717.
 4077         (1) NORMAL BENEFITS.—Under the Florida Public Employee
 4078  Optional Retirement System Investment Plan Program:
 4079         (a) Benefits in the form of vested accumulations as
 4080  described in s. 121.4501(6) are payable under this subsection in
 4081  accordance with the following terms and conditions:
 4082         1. To the extent vested, Benefits are payable only to a
 4083  member, alternate payee of a qualified domestic relations order,
 4084  or a beneficiary participant.
 4085         2. Benefits shall be paid by the third-party administrator
 4086  or designated approved providers in accordance with the law, the
 4087  contracts, and any applicable board rule or policy.
 4088         3. To receive benefits, The member participant must be
 4089  terminated from all employment with all Florida Retirement
 4090  System employers, as provided in s. 121.021(39).
 4091         4. Benefit payments may not be made until the member
 4092  participant has been terminated for 3 calendar months, except
 4093  that the state board may authorize by rule for the distribution
 4094  of up to 10 percent of the member’s participant’s account after
 4095  being terminated for 1 calendar month if the member participant
 4096  has reached the normal retirement date as defined in s. 121.021
 4097  of the defined benefit plan.
 4098         5. If a member or former member of the Florida Retirement
 4099  System receives an invalid distribution from the Public Employee
 4100  Optional Retirement Program Trust Fund, such person must repay
 4101  the full amount invalid distribution to the trust fund within 90
 4102  days after receipt of final notification by the state board or
 4103  the third-party administrator that the distribution was invalid,
 4104  or, in lieu of repayment, must terminate employment from all
 4105  participating employers. If such person fails to repay the full
 4106  invalid distribution within 90 days after receipt of final
 4107  notification, the person may be deemed retired from the
 4108  investment plan optional retirement program by the state board,
 4109  as provided pursuant to s. 121.4501(2)(k), and is subject to s.
 4110  121.122. If such person is deemed retired by the state board,
 4111  any joint and several liability set out in s. 121.091(9)(d)2. is
 4112  becomes null and void, and the state board, the department, or
 4113  the employing agency is not liable for gains on payroll
 4114  contributions that have not been deposited to the person’s
 4115  account in the investment plan retirement program, pending
 4116  resolution of the invalid distribution. The member or former
 4117  member who has been deemed retired or who has been determined by
 4118  the state board to have taken an invalid distribution may appeal
 4119  the agency decision through the complaint process as provided
 4120  under s. 121.4501(9)(g)3. As used in this subparagraph, the term
 4121  “invalid distribution” means any distribution from an account in
 4122  the investment plan optional retirement program which is taken
 4123  in violation of this section, s. 121.091(9), or s. 121.4501.
 4124         (b) If a member participant elects to receive his or her
 4125  benefits upon termination of employment as defined in s.
 4126  121.021, the member participant must submit a written
 4127  application or an application by electronic means to the third
 4128  party administrator indicating his or her preferred distribution
 4129  date and selecting an authorized method of distribution as
 4130  provided in paragraph (c). The member participant may defer
 4131  receipt of benefits until he or she chooses to make such
 4132  application, subject to federal requirements.
 4133         (c) Upon receipt by the third-party administrator of a
 4134  properly executed application for distribution of benefits, the
 4135  total accumulated benefit is shall be payable to the member pro
 4136  rata across all Florida Retirement System benefit sources
 4137  participant, as:
 4138         1. A lump-sum or partial distribution to the member
 4139  participant;
 4140         2. A lump-sum direct rollover distribution whereby all
 4141  accrued benefits, plus interest and investment earnings, are
 4142  paid from the member’s participant’s account directly to the
 4143  custodian of an eligible retirement plan, as defined in s.
 4144  402(c)(8)(B) of the Internal Revenue Code, on behalf of the
 4145  member participant; or
 4146         3. Periodic distributions, as authorized by the state
 4147  board.
 4148         (d) The distribution payment method selected by the plan
 4149  member or beneficiary, and the retirement of the member or
 4150  beneficiary, is final and irrevocable at the time a benefit
 4151  distribution payment is cashed, deposited, or transferred to
 4152  another financial institution. Any additional service that
 4153  remains unclaimed at retirement may not be claimed or purchased,
 4154  and the type of retirement may not be changed, except that if a
 4155  member recovers from a disability, the member may subsequently
 4156  request normal service benefits under subsection (2).
 4157         (e) A member may not receive a distribution of employee
 4158  contributions if a pending or approved qualified domestic
 4159  relations order is filed against the member’s investment plan
 4160  account.
 4161         (2) DISABILITY RETIREMENT BENEFITS.—Benefits provided under
 4162  this subsection are payable in lieu of the benefits that which
 4163  would otherwise be payable under the provisions of subsection
 4164  (1). Such benefits must shall be funded entirely from employer
 4165  contributions made under s. 121.571, transferred employee
 4166  contributions and participant funds accumulated pursuant to
 4167  paragraph (a), and interest and earnings thereon. Pursuant
 4168  thereto:
 4169         (a) Transfer of funds.—To qualify for to receive monthly
 4170  disability benefits under this subsection:
 4171         1. All moneys accumulated in a member’s account the
 4172  participant’s Public Employee Optional Retirement Program
 4173  accounts, including vested and nonvested accumulations as
 4174  described in s. 121.4501(6), must shall be transferred from such
 4175  individual accounts to the division of Retirement for deposit in
 4176  the disability account of the Florida Retirement System Trust
 4177  Fund. Such moneys must shall be separately accounted for
 4178  separately. Earnings must shall be credited on an annual basis
 4179  for amounts held in the disability accounts of the Florida
 4180  Retirement System Trust Fund based on actual earnings of the
 4181  Florida Retirement System trust fund.
 4182         2. If the member participant has retained retirement credit
 4183  he or she had earned under the pension plan defined benefit
 4184  program of the Florida Retirement System as provided in s.
 4185  121.4501(3) s. 121.4501(3)(b), a sum representing the actuarial
 4186  present value of such credit within the Florida Retirement
 4187  System Trust Fund shall be reassigned by the division of
 4188  Retirement from the pension plan defined benefit program to the
 4189  disability program as implemented under this subsection and
 4190  shall be deposited in the disability account of the Florida
 4191  Retirement System trust fund. Such moneys must shall be
 4192  separately accounted for separately.
 4193         (b) Disability retirement; entitlement.—
 4194         1. A member participant of the investment plan Public
 4195  Employee Optional Retirement program who becomes totally and
 4196  permanently disabled, as defined in paragraph (d) s.
 4197  121.091(4)(b), after completing 8 years of creditable service,
 4198  or a member participant who becomes totally and permanently
 4199  disabled in the line of duty regardless of his or her length of
 4200  service, is shall be entitled to a monthly disability benefit as
 4201  provided herein.
 4202         2. In order for service to apply toward the 8 years of
 4203  creditable service required to vest for regular disability
 4204  benefits, or toward the creditable service used in calculating a
 4205  service-based benefit as provided for under paragraph (g), the
 4206  service must be creditable service as described below:
 4207         a. The member’s participant’s period of service under the
 4208  investment plan shall Public Employee Optional Retirement
 4209  program will be considered creditable service, except as
 4210  provided in subparagraph d.
 4211         b. If the member participant has elected to retain credit
 4212  for his or her service under the pension plan defined benefit
 4213  program of the Florida Retirement System as provided under s.
 4214  121.4501(3) s. 121.4501(3)(b), all such service shall will be
 4215  considered creditable service.
 4216         c. If the member elects participant has elected to transfer
 4217  to his or her member participant accounts a sum representing the
 4218  present value of his or her retirement credit under the pension
 4219  plan defined benefit program as provided under s. 121.4501(3) s.
 4220  121.4501(3)(c), the period of service under the pension plan
 4221  defined benefit program represented in the present value amounts
 4222  transferred shall will be considered creditable service for
 4223  purposes of vesting for disability benefits, except as provided
 4224  in subparagraph d.
 4225         d. If a member Whenever a participant has terminated
 4226  employment and has taken distribution of his or her funds as
 4227  provided in subsection (1), all creditable service represented
 4228  by such distributed funds is forfeited for purposes of this
 4229  subsection.
 4230         (c) Disability retirement effective date.—The effective
 4231  retirement date for a member participant who applies and is
 4232  approved for disability retirement shall be established as
 4233  provided under s. 121.091(4)(a)2. and 3.
 4234         (d) Total and permanent disability.—A member is participant
 4235  shall be considered totally and permanently disabled if, in the
 4236  opinion of the division, he or she is prevented, by reason of a
 4237  medically determinable physical or mental impairment, from
 4238  rendering useful and efficient service as an officer or
 4239  employee.
 4240         (e) Proof of disability.The division, Before approving
 4241  payment of any disability retirement benefit, the division shall
 4242  require proof that the member participant is totally and
 4243  permanently disabled in the same manner as provided for members
 4244  of the defined benefit program of the Florida Retirement System
 4245  under s. 121.091(4)(c).
 4246         (f) Disability retirement benefit.—Upon the disability
 4247  retirement of a member participant under this subsection, the
 4248  member participant shall receive a monthly benefit that begins
 4249  accruing shall begin to accrue on the first day of the month of
 4250  disability retirement, as approved by the division, and is shall
 4251  be payable on the last day of that month and each month
 4252  thereafter during his or her lifetime and continued disability.
 4253  All disability benefits must payable to such member shall be
 4254  paid out of the disability account of the Florida Retirement
 4255  System Trust Fund established under this subsection.
 4256         (g) Computation of disability retirement benefit.—The
 4257  amount of each monthly payment must shall be calculated in the
 4258  same manner as provided for members of the defined benefit
 4259  program of the Florida Retirement System under s. 121.091(4)(f).
 4260  For such purpose, Creditable service under both the pension plan
 4261  defined benefit program and the investment plan Public Employee
 4262  Optional Retirement Program of the Florida Retirement System
 4263  shall be applicable as provided under paragraph (b).
 4264         (h) Reapplication.—A member participant whose initial
 4265  application for disability retirement is has been denied may
 4266  reapply for disability benefits in the same manner, and under
 4267  the same conditions, as provided for members of the pension plan
 4268  defined benefit program of the Florida Retirement System under
 4269  s. 121.091(4)(g).
 4270         (i) Membership.—Upon approval of a member’s an application
 4271  for disability benefits under this subsection, the applicant
 4272  shall be transferred to the pension plan defined benefit program
 4273  of the Florida Retirement System, effective upon his or her
 4274  disability retirement effective date.
 4275         (j) Option to cancel.A member Any participant whose
 4276  application for disability benefits is approved may cancel the
 4277  his or her application if for disability benefits, provided that
 4278  the cancellation request is received by the division before a
 4279  disability retirement warrant has been deposited, cashed, or
 4280  received by direct deposit. Upon such cancellation:
 4281         1. The member’s participant’s transfer to the pension plan
 4282  defined benefit program under paragraph (i) shall be nullified;
 4283         2. The member participant shall be retroactively reinstated
 4284  in the investment plan Public Employee Optional Retirement
 4285  program without hiatus;
 4286         3. All funds transferred to the Florida Retirement System
 4287  Trust Fund under paragraph (a) must shall be returned to the
 4288  member participant accounts from which the such funds were
 4289  drawn; and
 4290         4. The member participant may elect to receive the benefit
 4291  payable under the provisions of subsection (1) in lieu of
 4292  disability benefits as provided under this subsection.
 4293         (k) Recovery from disability.—
 4294         1. The division may require periodic reexaminations at the
 4295  expense of the disability program account of the Florida
 4296  Retirement System Trust Fund. Except as otherwise provided in
 4297  subparagraph 2., the requirements, procedures, and restrictions
 4298  relating to the conduct and review of such reexaminations,
 4299  discontinuation or termination of benefits, reentry into
 4300  employment, disability retirement after reentry into covered
 4301  employment, and all other matters relating to recovery from
 4302  disability shall be the same as provided are set forth under s.
 4303  121.091(4)(h).
 4304         2. Upon recovery from disability, the any recipient of
 4305  disability retirement benefits under this subsection shall be
 4306  transferred back to the investment plan a compulsory member of
 4307  the Public Employee Optional Retirement Program of the Florida
 4308  Retirement System. The net difference between the recipient’s
 4309  original account balance transferred to the Florida Retirement
 4310  System Trust Fund, including earnings, under paragraph (a) and
 4311  total disability benefits paid to such recipient, if any, shall
 4312  be determined as provided in sub-subparagraph a.
 4313         a. An amount equal to the total benefits paid shall be
 4314  subtracted from that portion of the transferred account balance
 4315  consisting of vested accumulations as described under s.
 4316  121.4501(6), if any, and an amount equal to the remainder of
 4317  benefit amounts paid, if any, shall then be subtracted from any
 4318  remaining portion consisting of nonvested accumulations as
 4319  described under s. 121.4501(6).
 4320         b. Amounts subtracted under sub-subparagraph a. must shall
 4321  be retained within the disability account of the Florida
 4322  Retirement System Trust Fund. Any remaining account balance
 4323  shall be transferred to the third-party administrator for
 4324  disposition as provided under sub-subparagraph c. or sub
 4325  subparagraph d., as appropriate.
 4326         c. If the recipient returns to covered employment,
 4327  transferred amounts must shall be deposited in individual
 4328  accounts under the investment plan Public Employee Optional
 4329  Retirement program, as directed by the member participant.
 4330  Vested and nonvested amounts shall be separately accounted for
 4331  as provided in s. 121.4501(6).
 4332         d. If the recipient fails to return to covered employment
 4333  upon recovery from disability:
 4334         (I) Any remaining vested amount must shall be deposited in
 4335  individual accounts under the investment plan Public Employee
 4336  Optional Retirement program, as directed by the member
 4337  participant, and is shall be payable as provided in subsection
 4338  (1).
 4339         (II) Any remaining nonvested amount must shall be held in a
 4340  suspense account and is shall be forfeitable after 5 years as
 4341  provided in s. 121.4501(6).
 4342         3. If present value was reassigned from the pension plan
 4343  defined benefit program to the disability program of the Florida
 4344  Retirement System as provided under subparagraph (a)2., the full
 4345  present value amount must shall be returned to the pension plan
 4346  defined benefit account within the Florida Retirement System
 4347  Trust Fund and the recipient’s affected individual’s associated
 4348  retirement credit under the pension plan must defined benefit
 4349  program shall be reinstated in full. Any benefit based upon such
 4350  credit must shall be calculated as provided in s.
 4351  121.091(4)(h)1.
 4352         (l) Nonadmissible causes of disability.—A member is
 4353  participant shall not be entitled to receive a disability
 4354  retirement benefit if the disability results from any injury or
 4355  disease sustained or inflicted as described in s. 121.091(4)(i).
 4356         (m) Disability retirement of justice or judge by order of
 4357  Supreme Court.—
 4358         1. If a member participant is a justice of the Supreme
 4359  Court, judge of a district court of appeal, circuit judge, or
 4360  judge of a county court who has served for 6 years or more as an
 4361  elected constitutional judicial officer, including service as a
 4362  judicial officer in any court abolished pursuant to Art. V of
 4363  the State Constitution, and who is retired for disability by
 4364  order of the Supreme Court upon recommendation of the Judicial
 4365  Qualifications Commission pursuant to s. 12, the provisions of
 4366  Art. V of the State Constitution, the member’s participant’s
 4367  Option 1 monthly disability benefit amount as provided in s.
 4368  121.091(6)(a)1. shall be two-thirds of his or her monthly
 4369  compensation as of the member’s participant’s disability
 4370  retirement date. The member Such a participant may alternatively
 4371  elect to receive an actuarially adjusted disability retirement
 4372  benefit under any other option as provided in s. 121.091(6)(a),
 4373  or to receive the normal benefit payable under the Public
 4374  Employee Optional Retirement Program as set forth in subsection
 4375  (1).
 4376         2. If any justice or judge who is a member participant of
 4377  the investment plan Public Employee Optional Retirement program
 4378  of the Florida Retirement System is retired for disability by
 4379  order of the Supreme Court upon recommendation of the Judicial
 4380  Qualifications Commission pursuant to s. 12, the provisions of
 4381  Art. V of the State Constitution, and elects to receive a
 4382  monthly disability benefit under the provisions of this
 4383  paragraph:
 4384         a. Any present value amount that was transferred to his or
 4385  her plan program account and all employer and employee
 4386  contributions made to such account on his or her behalf, plus
 4387  interest and earnings thereon, must shall be transferred to and
 4388  deposited in the disability account of the Florida Retirement
 4389  System Trust Fund; and
 4390         b. The monthly disability benefits payable under this
 4391  paragraph for any affected justice or judge retired from the
 4392  Florida Retirement System pursuant to Art. V of the State
 4393  Constitution shall be paid from the disability account of the
 4394  Florida Retirement System Trust Fund.
 4395         (n) Death of retiree or beneficiary.—Upon the death of a
 4396  disabled retiree or beneficiary of the retiree thereof who is
 4397  receiving monthly disability benefits under this subsection, the
 4398  monthly benefits shall be paid through the last day of the month
 4399  of death and shall terminate, or be adjusted, if applicable, as
 4400  of that date in accordance with the optional form of benefit
 4401  selected at the time of retirement. The department of Management
 4402  Services may adopt rules necessary to administer this paragraph.
 4403         (3) DEATH BENEFITS.—Under the Florida Public Employee
 4404  Optional Retirement System Investment Plan Program:
 4405         (a) Survivor benefits are shall be payable in accordance
 4406  with the following terms and conditions:
 4407         1. To the extent vested, Benefits are shall be payable only
 4408  to a member’s participant’s beneficiary or beneficiaries as
 4409  designated by the member participant as provided in s.
 4410  121.4501(20).
 4411         2. Benefits shall be paid by the third-party administrator
 4412  or designated approved providers in accordance with the law, the
 4413  contracts, and any applicable state board rule or policy.
 4414         3. To receive benefits under this subsection, the member
 4415  participant must be deceased.
 4416         (b) Except as provided in paragraph (d), if the employment
 4417  of a member is terminated by reason of his or her In the event
 4418  of a participant’s death:,
 4419         1. Before being vested, only the member’s accumulated
 4420  contributions are payable to his or her designated beneficiary.
 4421         2. After being vested, all vested accumulations as
 4422  described in s. 121.4501(6), less withholding taxes remitted to
 4423  the Internal Revenue Service, shall be distributed, as provided
 4424  in paragraph (c) or as described in s. 121.4501(20), as if the
 4425  member participant retired on the date of death. No other death
 4426  benefits are shall be available for survivors of members
 4427  participants under the investment plan Public Employee Optional
 4428  Retirement Program, except for such benefits, or coverage for
 4429  such benefits, as are otherwise provided by law or are
 4430  separately provided afforded by the employer, at the employer’s
 4431  discretion.
 4432         (c) Upon receipt by the third-party administrator of a
 4433  properly executed application for distribution of benefits under
 4434  paragraph (b), the total accumulated benefit is shall be payable
 4435  by the third-party administrator to the member’s participant’s
 4436  surviving beneficiary or beneficiaries, as:
 4437         1. A lump-sum distribution payable to the beneficiary or
 4438  beneficiaries, or to the deceased member’s participant’s estate;
 4439         2. An eligible rollover distribution on behalf of the
 4440  surviving spouse of a deceased member participant, whereby all
 4441  accrued benefits, plus interest and investment earnings, are
 4442  paid from the deceased member’s participant’s account directly
 4443  to the custodian of an eligible retirement plan, as described in
 4444  s. 402(c)(8)(B) of the Internal Revenue Code, on behalf of the
 4445  surviving spouse; or
 4446         3. A partial lump-sum payment whereby a portion of the
 4447  accrued benefit is paid to the deceased member’s participant’s
 4448  surviving spouse or other designated beneficiaries, less
 4449  withholding taxes remitted to the Internal Revenue Service, and
 4450  the remaining amount is transferred directly to the custodian of
 4451  an eligible retirement plan, as described in s. 402(c)(8)(B) of
 4452  the Internal Revenue Code, on behalf of the surviving spouse.
 4453  The proportions must be specified by the member participant or
 4454  the surviving beneficiary.
 4455  
 4456  This paragraph does not abrogate other applicable provisions of
 4457  state or federal law providing for payment of death benefits.
 4458         (4) LIMITATION ON LEGAL PROCESS.—The benefits payable to
 4459  any person under the Florida Public Employee Optional Retirement
 4460  System Investment Plan Program, and any contributions
 4461  accumulated under such plan program, are not subject to
 4462  assignment, execution, attachment, or any legal process, except
 4463  for qualified domestic relations orders by a court of competent
 4464  jurisdiction, income deduction orders as provided in s. 61.1301,
 4465  and federal income tax levies.
 4466         Section 27. Section 121.5911, Florida Statutes, is amended
 4467  to read:
 4468         121.5911 Disability retirement program; qualified status;
 4469  rulemaking authority.—It is the intent of the Legislature that
 4470  the disability retirement program for members participants of
 4471  the Florida Public Employee Optional Retirement System
 4472  Investment Plan Program as created in this act must meet all
 4473  applicable requirements of federal law for a qualified plan. The
 4474  department of Management Services shall seek a private letter
 4475  ruling from the Internal Revenue Service on the disability
 4476  retirement program for participants of the Public Employee
 4477  Optional Retirement Program. Consistent with the private letter
 4478  ruling, the department of Management Services shall adopt any
 4479  necessary rules necessary required to maintain the qualified
 4480  status of the disability retirement program and the Florida
 4481  Retirement System’s pension System defined benefit plan.
 4482         Section 28. Subsection (1) of section 121.70, Florida
 4483  Statutes, is amended to read:
 4484         121.70 Legislative purpose and intent.—
 4485         (1) This part provides for a uniform system for funding
 4486  benefits provided under the Florida Retirement System defined
 4487  benefit program established under part I of this chapter,
 4488  (referred to in this part as the pension plan, defined benefit
 4489  program) and under the Florida Public Employee Optional
 4490  Retirement System Investment Plan Program established under part
 4491  II of this chapter, (referred to in this part as the investment
 4492  plan optional retirement program). The Legislature recognizes
 4493  and declares that the Florida Retirement System is a single
 4494  retirement system, consisting of two retirement plans and other
 4495  nonintegrated programs. Employers and employees participating in
 4496  the Florida Retirement System collectively shall be responsible
 4497  for making contributions to support the benefits provided
 4498  afforded under both programs plans. The As provided in this
 4499  part, employers and employees participating in the Florida
 4500  Retirement System shall make contributions based upon uniform
 4501  contribution rates determined as a percentage of the total
 4502  payroll for each class or subclass of Florida Retirement System
 4503  membership, irrespective of which retirement program the plan
 4504  individual employee is enrolled in employees may elect. This
 4505  shall be known as a uniform or blended contribution rate system.
 4506         Section 29. Subsections (1) and (2) of section 121.71,
 4507  Florida Statutes, are amended, present subsections (3) and (4)
 4508  of that section are renumbered as subsections (4) and (7),
 4509  respectively, and new subsections (3), (5), and (6) are added to
 4510  that section, to read:
 4511         121.71 Uniform rates; process; calculations; levy.—
 4512         (1) In conducting the system actuarial study required under
 4513  s. 121.031, the actuary shall follow all requirements specified
 4514  thereunder to determine, by Florida Retirement System employee
 4515  membership class, the dollar contribution amounts necessary for
 4516  the next forthcoming fiscal year for the pension plan defined
 4517  benefit program. In addition, the actuary shall determine, by
 4518  Florida Retirement System membership class, based on an estimate
 4519  for the forthcoming fiscal year of the gross compensation of
 4520  employees participating in the investment plan optional
 4521  retirement program, the dollar contribution amounts necessary to
 4522  make the allocations required under ss. 121.72 and 121.73. For
 4523  each employee membership class and subclass, the actuarial study
 4524  must shall establish a uniform rate necessary to fund the
 4525  benefit obligations under both Florida Retirement System
 4526  retirement plans by dividing the sum of total dollars required
 4527  by the estimated gross compensation of members in both plans.
 4528         (2) Based on the uniform rates set forth in subsections
 4529  subsection (3), (4), and (5), employers and employees shall make
 4530  monthly contributions to the division as required under s.
 4531  121.061(1) of Retirement, which shall initially deposit the
 4532  funds into the Florida Retirement System Contributions Clearing
 4533  Trust Fund. A change in a contribution rate is effective on the
 4534  first day of the month for which a full month’s employer
 4535  contribution may be made on or after the beginning date of the
 4536  change. Beginning July 1, 2011, each employee shall contribute
 4537  the contributions required in subsection (3) to the plan. The
 4538  employer shall deduct the contribution from the employee’s
 4539  monthly salary and submit it to the division. The contributions
 4540  shall be reported as employer-paid employee contributions, and
 4541  shall be credited to the account of the employee. The
 4542  contributions shall be deducted from the employee’s salary
 4543  before the computation of applicable federal taxes and treated
 4544  as employer contributions under 26 U.S.C. 414(h)(2). Although
 4545  designated as employee contributions, the employer specifies
 4546  that the contributions are being paid by the employer in lieu of
 4547  contributions by the employee. The employee does not have the
 4548  option of choosing to receive the contributed amounts directly
 4549  instead of having them paid to the plan. Such contributions are
 4550  mandatory and each employee is deemed to have consented to the
 4551  payroll deductions. Payment of an employee’s salary or wages,
 4552  less the contribution, is a full and complete discharge and
 4553  satisfaction of all claims and demands for the service rendered
 4554  by employees during the period covered by the payment, except
 4555  for claims to benefits to which they may be entitled under this
 4556  chapter.
 4557         (3)Effective July 1, 2011, the required employee
 4558  retirement contribution rates for all members of the Florida
 4559  Retirement System for both the pension and investment plans is 3
 4560  percent of gross compensation.
 4561         (4)(3) Required employer retirement contribution rates for
 4562  each membership class and subclass of the Florida Retirement
 4563  System for both retirement plans are as follows:
 4564  Membership Class                Percentage ofGrossCompensation,EffectiveJuly 1, 2011 2009Percentage ofGrossCompensation,EffectiveJuly 1, 2010
 4565                                  
 4566  Regular Class                      5.09% 8.69%          9.63%       
 4567  Special Risk Class                13.80% 19.76%         22.11%      
 4568  Special Risk Administrative Support Class   6.67% 11.39%         12.10%      
 4569  Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders   9.46% 13.32%         15.20%      
 4570  Elected Officers’ Class— Justices, Judges  12.02% 18.40%         20.65%      
 4571  Elected Officers’ Class— County Elected Officers  11.44% 15.37%         17.50%      
 4572  Senior Management Class            6.88% 11.96%         13.43%      
 4573  DROP                               3.12% 9.80%          11.14%      
 4574         (5)In order to address unfunded actuarial liabilities of
 4575  the system, the required employer retirement contribution rates
 4576  for each membership class and subclass of the Florida Retirement
 4577  System for both retirement plans are as follows:
 4578                                                                      
 4579                                                                      
 4580  Membership Class          Percentage ofGrossCompensation,EffectiveJuly 1, 2011                     
 4581  Regular Class                     0.00%                             
 4582  Special Risk Class                0.00%                             
 4583  Special Risk Administrative Support Class        0.00%                             
 4584  Elected Officers’ Class—Legislators, Governor,Lt. Governor,Cabinet Officers,State Attorneys,Public Defenders        0.00%                             
 4585  Elected Officers’ Class—Justices, Judges        0.00%                             
 4586  Elected Officers’ Class—County Elected Officers        0.00%                             
 4587  Senior Management Class           0.00%                             
 4588  DROP                              0.00%                             
 4589         (6) If a member is reported under an incorrect membership
 4590  class and the amount of contributions reported and remitted are
 4591  less than the amount required, the employer shall owe the
 4592  difference plus the delinquent fee of 1 percent for each
 4593  calendar month or part thereof that the contributions should
 4594  have been paid. This delinquent assessment may not be waived. If
 4595  the contributions reported and remitted are more than the amount
 4596  required, the employer shall receive a credit to be applied
 4597  against future contributions owed.
 4598         (7)(4) The state actuary shall recognize and use an
 4599  appropriate level of available excess assets of the Florida
 4600  Retirement System Trust Fund to offset the difference between
 4601  the normal costs of the Florida Retirement System and the
 4602  statutorily prescribed contribution rates.
 4603         Section 30. Section 121.72, Florida Statutes, is amended to
 4604  read:
 4605         121.72 Allocations to investment plan member optional
 4606  retirement program participant accounts; percentage amounts.—
 4607         (1) The allocations established in subsection (4) shall
 4608  fund retirement benefits under the investment plan under part II
 4609  of this chapter optional retirement program and shall be
 4610  transferred monthly by the division of Retirement from the
 4611  Florida Retirement System Contributions Clearing Trust Fund to
 4612  the third-party administrator for deposit in each participating
 4613  employee’s individual account based on the membership class of
 4614  the employee participant.
 4615         (2) The allocations are stated as a percentage of each
 4616  investment plan member’s optional retirement program
 4617  participant’s gross compensation for the calendar month. A
 4618  change in a contribution percentage is effective the first day
 4619  of the month for which retirement contributions a full month’s
 4620  employer contribution may be made on or after the beginning date
 4621  of the change. Contribution percentages may be modified by
 4622  general law.
 4623         (3) Employer and employee participant contributions to
 4624  member’s participant accounts shall be accounted for separately.
 4625  Participant contributions may be made only if expressly
 4626  authorized by law. Interest and investment earnings on
 4627  contributions shall accrue on a tax-deferred basis until
 4628  proceeds are distributed.
 4629         (4) Effective July 1, 2011 July 1, 2002, allocations from
 4630  the Florida Retirement System Contributions Clearing Trust Fund
 4631  to investment plan member optional retirement program
 4632  participant accounts, including employee contributions required
 4633  under s. 121.71(3), are shall be as follows:
 4634  Membership Class                      Percentage of Gross Compensation
 4635  Regular Class                                     9.00%             
 4636  Special Risk Class                                20.00%            
 4637  Special Risk Administrative Support Class            11.35%            
 4638  Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders            13.40%            
 4639  Elected Officers’ Class— Justices, Judges            18.90%            
 4640  Elected Officers’ Class— County Elected Officers            16.20%            
 4641  Senior Management Service Class                   10.95%            
 4642         Section 31. Section 121.73, Florida Statutes, is amended to
 4643  read:
 4644         121.73 Allocations for member optional retirement program
 4645  participant disability coverage; percentage amounts.—
 4646         (1) The allocations established in subsection (3) shall be
 4647  used to provide disability coverage for members of the
 4648  investment plan participants in the optional retirement program
 4649  and shall be transferred monthly by the division of Retirement
 4650  from the Florida Retirement System Contributions Clearing Trust
 4651  Fund to the disability account of the Florida Retirement System
 4652  Trust Fund.
 4653         (2) The allocations are stated as a percentage of each
 4654  investment plan member’s optional retirement program
 4655  participant’s gross compensation for the calendar month. A
 4656  change in a contribution percentage is effective the first day
 4657  of the month for which retirement contributions a full month’s
 4658  employer contribution may be made on or after the beginning date
 4659  of the change. Contribution percentages may be modified by
 4660  general law.
 4661         (3) Effective July 1, 2002, allocations from the Florida
 4662  Retirement System FRS Contribution Clearing Fund to provide
 4663  disability coverage for members of the investment plan
 4664  participants in the optional retirement program, and to offset
 4665  the costs of administering said coverage, shall be as follows:
 4666  Membership Class                      Percentage of Gross Compensation
 4667  Regular Class                                     0.25%             
 4668  Special Risk Class                                1.33%             
 4669  Special Risk Administrative Support Class            0.45%             
 4670  Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders            0.41%             
 4671  Elected Officers’ Class— Justices, Judges            0.73%             
 4672  Elected Officers’ Class— County Elected Officers            0.41%             
 4673  Senior Management Service Class                   0.26%             
 4674         (4) Effective July 1, 2011, allocations from the Florida
 4675  Retirement System Contribution Clearing Fund to provide
 4676  disability coverage for members of the investment plan and to
 4677  offset the costs of administering such coverage shall be the
 4678  actuarially indicated amount necessary to fund the statutorily
 4679  authorized benefit for the plan year as determined by the
 4680  department’s actuary.
 4681         Section 32. Section 121.74, Florida Statutes, is amended to
 4682  read:
 4683         121.74 Administrative and educational expenses.—In addition
 4684  to contributions required under ss. s. 121.71 and 121.73,
 4685  effective July 1, 2010, through June 30, 2014, employers
 4686  participating in the Florida Retirement System shall contribute
 4687  an amount equal to 0.03 percent of the payroll reported for each
 4688  class or subclass of Florida Retirement System membership;
 4689  effective July 1, 2014, the contribution rate shall be 0.04
 4690  percent of the payroll reported for each class or subclass of
 4691  membership. The amount contributed shall be transferred by the
 4692  division of Retirement from the Florida Retirement System
 4693  Contributions Clearing Trust Fund to the state board’s Board of
 4694  Administration’s administrative trust fund to offset the costs
 4695  of administering the investment plan optional retirement program
 4696  and the costs of providing educational services to members
 4697  participating participants in the pension plan defined benefit
 4698  program and the investment plan optional retirement program.
 4699  Approval of the trustees is required before the expenditure of
 4700  these funds. Payments for third-party administrative or
 4701  educational expenses shall be made only pursuant to the terms of
 4702  the approved contracts for such services.
 4703         Section 33. Section 121.75, Florida Statutes, is amended to
 4704  read:
 4705         121.75 Allocation for pension plan defined benefit
 4706  program.—After making the transfers required pursuant to ss.
 4707  121.71, 121.72, 121.73, and 121.74, the monthly balance of funds
 4708  in the Florida Retirement System Contributions Clearing Trust
 4709  Fund shall be transferred to the Florida Retirement System Trust
 4710  Fund to pay the costs of providing pension plan defined benefit
 4711  program benefits and plan administrative costs under the pension
 4712  plan defined benefit program.
 4713         Section 34. Section 121.77, Florida Statutes, is amended to
 4714  read:
 4715         121.77 Deductions from member participant accounts.—The
 4716  State Board of Administration may authorize the third-party
 4717  administrator to deduct reasonable fees and apply appropriate
 4718  charges to investment plan member optional retirement program
 4719  participant accounts. In no event may shall administrative and
 4720  educational expenses exceed the portion of employer
 4721  contributions earmarked for such expenses under this part,
 4722  except for reasonable administrative charges assessed against
 4723  member participant accounts of persons for whom no employer
 4724  contributions are made during the calendar quarter. Investment
 4725  management fees shall be deducted from member participant
 4726  accounts, pursuant to the terms of the contract between the
 4727  provider and the board.
 4728         Section 35. Subsections (1) and (3) of section 121.78,
 4729  Florida Statutes, are amended to read:
 4730         121.78 Payment and distribution of contributions.—
 4731         (1) Contributions made pursuant to this part, including the
 4732  employee contributions, shall be paid by the employer to the
 4733  division of Retirement by electronic funds transfer no later
 4734  than the 5th working day of the month immediately following the
 4735  month during which the payroll period ended. Accompanying
 4736  payroll data must be transmitted to the division concurrent with
 4737  the contributions.
 4738         (3)(a) Employer and employee contributions and accompanying
 4739  payroll data received after the 5th working day of the month are
 4740  considered late. The employer shall be assessed by the division
 4741  of Retirement a penalty of 1 percent of the contributions due
 4742  for each calendar month or part thereof that the contributions
 4743  or accompanying payroll data are late. Proceeds from the 1
 4744  percent 1-percent assessment against contributions made on
 4745  behalf of members of the pension plan participants of the
 4746  defined benefit program shall be deposited in the Florida
 4747  Retirement System Trust Fund, and proceeds from the 1 percent 1
 4748  percent assessment against contributions made on behalf of
 4749  members of the investment plan participants of the optional
 4750  retirement program shall be transferred to the third-party
 4751  administrator for deposit into member participant accounts, as
 4752  provided in paragraph (c) (b).
 4753         (b)Retirement contributions paid for a prior period shall
 4754  be charged a delinquent fee of 1 percent for each calendar month
 4755  or part thereof that the contributions should have been paid.
 4756  This includes prior period contributions due to incorrect wages,
 4757  contributions from an earlier report or wages, and contributions
 4758  that should have been reported but were not. The delinquent
 4759  assessments may not be waived.
 4760         (c)(b) If employee contributions or contributions made by
 4761  an employer on behalf of members of the investment plan
 4762  participants of the optional retirement program or accompanying
 4763  payroll data are not received within the calendar month they are
 4764  due, including, but not limited to, contribution adjustments as
 4765  a result of employer errors or corrections, and if that
 4766  delinquency results in market losses to members participants,
 4767  the employer shall reimburse each member’s participant’s account
 4768  for market losses resulting from the late contributions. If a
 4769  member participant has terminated employment and taken a
 4770  distribution, the member participant is responsible for
 4771  returning any excess contributions erroneously provided by
 4772  employers, adjusted for any investment gain or loss incurred
 4773  during the period such excess contributions were in the member’s
 4774  participant’s account. The state board or its designated agent
 4775  shall communicate to terminated members participants any
 4776  obligation to repay such excess contribution amounts. However,
 4777  the state board, its designated agents, the Florida Public
 4778  Employee Optional Retirement System Investment Plan Program
 4779  Trust Fund, the department, or the Florida Retirement System
 4780  Trust Fund may not incur any loss or gain as a result of an
 4781  employer’s correction of such excess contributions. The third
 4782  party administrator, hired by the state board pursuant to s.
 4783  121.4501(8), shall calculate the market losses for each affected
 4784  member participant. If contributions made on behalf of members
 4785  of the investment plan participants of the optional retirement
 4786  program or accompanying payroll data are not received within the
 4787  calendar month due, the employer shall also pay the cost of the
 4788  third-party administrator’s calculation and reconciliation
 4789  adjustments resulting from the late contributions. The third
 4790  party administrator shall notify the employer of the results of
 4791  the calculations and the total amount due from the employer for
 4792  such losses and the costs of calculation and reconciliation. The
 4793  employer shall remit to the division of Retirement the amount
 4794  due within 30 working days after the date of the penalty notice
 4795  sent by the division. The division shall transfer that amount to
 4796  the third-party administrator, which shall deposit proceeds from
 4797  the 1 percent 1-percent assessment and from individual market
 4798  losses into member participant accounts, as appropriate. The
 4799  state board may adopt rules to administer the provisions
 4800  regarding late contributions, late submission of payroll data,
 4801  the process for reimbursing member participant accounts for
 4802  resultant market losses, and the penalties charged to the
 4803  employers.
 4804         (d) If employee contributions reported by an employer on
 4805  behalf of the employee are reduced as a result of employer
 4806  errors or corrections and the employee has terminated employment
 4807  and taken a refund or distribution, the employer shall be billed
 4808  and is responsible for recovering from the employee any excess
 4809  contributions erroneously provided by the employer.
 4810         (e)(c) Delinquency fees specified in paragraph (a) may be
 4811  waived by the division of Retirement, with regard to pension
 4812  plan defined benefit program contributions, and by the state
 4813  board, with regard to investment plan optional retirement
 4814  program contributions, only if, in the opinion of the division
 4815  or the board, as appropriate, exceptional circumstances beyond
 4816  the employer’s control prevented remittance by the prescribed
 4817  due date notwithstanding the employer’s good faith efforts to
 4818  effect delivery. Such a waiver of delinquency may be granted an
 4819  employer only once each plan state fiscal year.
 4820         (f) If the employer submits excess employer or employee
 4821  contributions, the employer shall receive a credit to be applied
 4822  against future contributions owed. The employer is responsible
 4823  for reimbursing the employee for any excess contributions
 4824  submitted if any return of such an erroneous excess pretax
 4825  contribution by the program is made within 1 year after making
 4826  erroneous contributions or such other period as allowed under
 4827  applicable Internal Revenue Service guidance.
 4828         (g)(d) If contributions made by an employer on behalf of
 4829  members of the investment program participants in the optional
 4830  retirement program are delayed in posting to member participant
 4831  accounts due to acts of God beyond the control of the division
 4832  of Retirement, the state board, or the third-party
 4833  administrator, as applicable, market losses resulting from the
 4834  late contributions are not payable to the members participants.
 4835         Section 36. Subsection (1) of section 175.121, Florida
 4836  Statutes, is amended to read:
 4837         175.121 Department of Revenue and Division of Retirement to
 4838  keep accounts of deposits; disbursements.—For any municipality
 4839  or special fire control district having a chapter or local law
 4840  plan established pursuant to this chapter:
 4841         (1) The Department of Revenue shall keep a separate account
 4842  of all moneys collected for each municipality and each special
 4843  fire control district pursuant to under the provisions of this
 4844  chapter. All moneys so collected must be transferred to the
 4845  Police and Firefighters’ Premium Tax Trust Fund and shall be
 4846  separately accounted for by the division. The moneys budgeted as
 4847  necessary to pay the expenses of the division for the daily
 4848  oversight and monitoring of the firefighters’ pension plans
 4849  under this chapter and for the oversight and actuarial reviews
 4850  conducted under part VII of chapter 112 are annually
 4851  appropriated from the following sources in the order listed:
 4852         (a) Interest and investment income earned on the moneys
 4853  collected for each municipality or special fire control district
 4854  and deposited in the Police and Firefighters’ Premium Tax Trust
 4855  Fund. Interest and investment income remaining thereafter in the
 4856  trust fund which is unexpended and otherwise unallocated by law
 4857  shall revert to the General Revenue Fund on June 30 of each
 4858  year.
 4859         (b) Moneys collected for each municipality or special fire
 4860  control district and deposited in the Police and Firefighters’
 4861  Premium Tax Trust Fund. Moneys used pursuant to this paragraph
 4862  shall be reimbursed during years in which there is an excess of
 4863  interest and investment income under paragraph (a).
 4864         Section 37. Subsection (1) of section 175.341, Florida
 4865  Statutes, is amended to read:
 4866         175.341 Duties of Division of Retirement; rulemaking
 4867  authority; investments by State Board of Administration.—
 4868         (1) The division is shall be responsible for the daily
 4869  oversight and monitoring of the for actuarial soundness of the
 4870  firefighters’ pension plans, whether chapter or local law plans,
 4871  established under this chapter, for receiving and holding the
 4872  premium tax moneys collected under this chapter, and, upon
 4873  determining compliance with the provisions of this chapter, for
 4874  disbursing those moneys to the firefighters’ pension plans. The
 4875  funds necessary to pay expenses for such administration shall be
 4876  annually appropriated as provided in s. 175.121(1) from the
 4877  interest and investment income earned on moneys deposited in the
 4878  trust fund.
 4879         Section 38. Subsection (1) of section 185.10, Florida
 4880  Statutes, is amended to read:
 4881         185.10 Department of Revenue and Division of Retirement to
 4882  keep accounts of deposits; disbursements.—For any municipality
 4883  having a chapter plan or local law plan under this chapter:
 4884         (1) The Department of Revenue shall keep a separate account
 4885  of all moneys collected for each municipality pursuant to under
 4886  the provisions of this chapter. All moneys so collected must be
 4887  transferred to the Police and Firefighters’ Premium Tax Trust
 4888  Fund and shall be separately accounted for by the division. The
 4889  moneys budgeted as necessary to pay the expenses of the division
 4890  for the daily oversight and monitoring of the police officers’
 4891  retirement plans under this chapter and for the oversight and
 4892  actuarial reviews conducted under part VII of chapter 112 are
 4893  annually appropriated from the following sources in the order
 4894  listed:
 4895         (a) Interest and investment income earned on the moneys
 4896  collected for each municipality or special fire control district
 4897  and deposited in the Police and Firefighters’ Premium Tax Trust
 4898  Fund. Interest and investment income remaining thereafter in the
 4899  trust fund which is unexpended and otherwise unallocated by law
 4900  shall revert to the General Revenue Fund on June 30 of each
 4901  year.
 4902         (b)Moneys collected for each municipality or special fire
 4903  control district and deposited in the Police and Firefighters’
 4904  Premium Tax Trust Fund. Moneys used pursuant to this paragraph
 4905  shall be reimbursed during years in which there is an excess of
 4906  interest and investment income under paragraph (a).
 4907         Section 39. Subsection (1) of section 185.23, Florida
 4908  Statutes, is amended to read:
 4909         185.23 Duties of Division of Retirement; rulemaking
 4910  authority; investments by State Board of Administration.—
 4911         (1) The division is shall be responsible for the daily
 4912  oversight and monitoring of the for actuarial soundness of the
 4913  municipal police officers’ retirement plans, whether chapter or
 4914  local law plans, established under this chapter, for receiving
 4915  and holding the premium tax moneys collected under this chapter,
 4916  and, upon determining compliance with the provisions of this
 4917  chapter, for disbursing those moneys to the municipal police
 4918  officers’ retirement plans. The funds to pay the expenses for
 4919  such administration shall be annually appropriated as provided
 4920  in s. 185.10(1) from the interest and investment income earned
 4921  on moneys deposited in the trust fund.
 4922         Section 40. Subsection (1) of section 250.22, Florida
 4923  Statutes, is amended to read:
 4924         250.22 Retirement.—
 4925         (1) Any person who is at least 62 years of age and who has
 4926  completed at least not less than 30 years of service as an
 4927  officer or enlisted person in the Florida National Guard,
 4928  (exclusive of time served on the inactive or retired lists,) on,
 4929  before, or subsequent to the passage of this section is eligible
 4930  upon application, whether on the active or retired list of the
 4931  Florida National Guard, to be retired under the provisions of
 4932  this section at the highest rank attained while serving in the
 4933  Florida National Guard or the federal military forces.
 4934         (a) Such person, and shall initially receive pay in an
 4935  amount equal to one-half of the base pay as is now or hereafter
 4936  may be prescribed on the date of retirement in the applicable
 4937  pay tables for similar grades and periods of service of
 4938  personnel in the United States Army or Air Force if; provided
 4939  that, in computing service in the Florida National Guard,
 4940  service in federal military forces during a period of war or
 4941  upon order of the President of the United States, in any
 4942  military duty, where the applicant has been inducted from the
 4943  Florida National Guard is shall be included; and provided
 4944  further that, in computing such service performed after July 1,
 4945  1955, only federally recognized service is shall be included.
 4946  Eligibility for retirement under this section is in addition to
 4947  any other retirement that such person is eligible to receive;
 4948  provided, however, such that retirement pay under this section
 4949  shall be reduced by any amount of retirement pay, pension, or
 4950  compensation which such person is eligible to receive from the
 4951  Federal Government for military service. Unless otherwise
 4952  provided by law, effective July 1, 2011, the retirement pay of a
 4953  member or former member of the Florida National Guard may not be
 4954  recomputed to reflect an increase in the rates of base pay for
 4955  active members of the armed forces.
 4956         (b) Effective July 1, 2012, and annually thereafter on July
 4957  1, the Division of Retirement shall adjust the retirement pay of
 4958  persons eligible under this section based on s. 121.101(3).
 4959         Section 41. Paragraph (a) of subsection (4) of section
 4960  1012.875, Florida Statutes, is amended to read:
 4961         1012.875 State Community College System Optional Retirement
 4962  Program.—Each community college may implement an optional
 4963  retirement program, if such program is established therefor
 4964  pursuant to s. 1001.64(20), under which annuity or other
 4965  contracts providing retirement and death benefits may be
 4966  purchased by, and on behalf of, eligible employees who
 4967  participate in the program, in accordance with s. 403(b) of the
 4968  Internal Revenue Code. Except as otherwise provided herein, this
 4969  retirement program, which shall be known as the State Community
 4970  College System Optional Retirement Program, may be implemented
 4971  and administered only by an individual community college or by a
 4972  consortium of community colleges.
 4973         (4)(a) Through June 30, 2011, each college must contribute
 4974  on behalf of each program member participant an amount equal to
 4975  10.43 percent of the employee’s participant’s gross monthly
 4976  compensation. Effective July 1, 2011, each member shall
 4977  contribute an amount equal to the employee contribution required
 4978  under s. 121.71(3). Effective July 1, 2011, each employer shall
 4979  contribute on behalf of each program member an amount equal to
 4980  the difference between 10.43 percent of the employee’s gross
 4981  monthly compensation and the employee’s required contribution
 4982  based on the employee’s gross monthly compensation. The college
 4983  shall deduct an amount approved by the district board of
 4984  trustees of the college to provide for the administration of the
 4985  optional retirement program. Payment of this contribution must
 4986  be made either directly by the college or through the program
 4987  administrator to the designated company contracting for payment
 4988  of benefits to the program member participant.
 4989         Section 42. The Legislature finds that a proper and
 4990  legitimate state purpose is served when employees and retirees
 4991  of the state and its political subdivisions, and the dependents,
 4992  survivors, and beneficiaries of such employees and retirees, are
 4993  extended the basic protections afforded by governmental
 4994  retirement systems. These persons must be provided benefits that
 4995  are fair and adequate and that are managed, administered, and
 4996  funded in an actuarially sound manner, as required by s. 14,
 4997  Article X of the State Constitution and part VII of chapter 112,
 4998  Florida Statutes. Therefore, the Legislature determines and
 4999  declares that this act fulfills an important state interest.
 5000         Section 43. The Division of Statutory Revision is requested
 5001  to rename the title of part II of chapter 121, Florida Statutes,
 5002  as “Florida Retirement System Investment Plan.”
 5003         Section 44. (1) Effective upon this act becoming a law, the
 5004  State Board of Administration and the Department of Management
 5005  Services shall, as soon as practicable, request a determination
 5006  letter and private letter ruling from the United States Internal
 5007  Revenue Service. If the Internal Revenue Service refuses to act
 5008  upon a request for a private letter ruling, the legal opinion
 5009  from a qualified tax attorney or firm may be substituted for the
 5010  private letter ruling.
 5011         (2) If the board or the department receives notification
 5012  from the United States Internal Revenue Service that this act or
 5013  any portion of this act will cause the Florida Retirement
 5014  System, or a portion thereof, to be disqualified for tax
 5015  purposes under the Internal Revenue Code, then that portion does
 5016  not apply. Upon such notice, the state board and the department
 5017  shall notify the presiding officers of the Legislature.
 5018         Section 45. During the 90-day period beginning on the
 5019  effective date of this act, a Florida Retirement System employer
 5020  may contribute to the retirement account of a current employee
 5021  who is retired from the Florida Retirement System the amount
 5022  that would have been contributed had the employee been allowed
 5023  to reenroll in the Florida Retirement System during the 2010
 5024  2011 fiscal year.
 5025         Section 46. This act shall take effect June 30, 2011.