Florida Senate - 2012                                    SB 1334
       
       
       
       By Senator Oelrich
       
       
       
       
       14-01596-12                                           20121334__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Retirement System;
    3         amending s. 121.021, F.S.; revising definitions of the
    4         terms “normal retirement date” and “vested” or
    5         “vesting”; amending s. 121.091, F.S.; revising
    6         provisions relating to the early retirement benefit
    7         calculation to conform to changes made by the act;
    8         amending s. 121.4501, F.S.; requiring new employees
    9         to, by default, be enrolled in the investment plan;
   10         extending the period during which employees may elect
   11         to participate in the pension plan; prohibiting
   12         certain employees from choosing to move to the pension
   13         plan after a certain period; providing an effective
   14         date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (b) of subsection (29) and paragraph
   19  (b) of subsection (45) of section 121.021, Florida Statutes, are
   20  amended, and paragraph (c) is added to subsection (45) of that
   21  section, to read:
   22         121.021 Definitions.—The following words and phrases as
   23  used in this chapter have the respective meanings set forth
   24  unless a different meaning is plainly required by the context:
   25         (29) “Normal retirement date” means the date a member
   26  attains normal retirement age and is vested, which is determined
   27  as follows:
   28         (b)1. If a Special Risk Class member initially enrolled
   29  before July 1, 2011:
   30         a. The first day of the month the member attains age 55 and
   31  completes the years of creditable service in the Special Risk
   32  Class equal to or greater than the years of service required for
   33  vesting;
   34         b. The first day of the month following the date the member
   35  completes 25 years of creditable service in the Special Risk
   36  Class, regardless of age; or
   37         c. The first day of the month following the date the member
   38  completes 25 years of creditable service and attains age 52,
   39  which service may include a maximum of 4 years of military
   40  service credit if such credit is not claimed under any other
   41  system and the remaining years are in the Special Risk Class.
   42         2. If a Special Risk Class member initially enrolled on or
   43  after July 1, 2011, but before July 1, 2012:
   44         a. The first day of the month the member attains age 60 and
   45  completes the years of creditable service in the Special Risk
   46  Class equal to or greater than the years of service required for
   47  vesting;
   48         b. The first day of the month following the date the member
   49  completes 30 years of creditable service in the Special Risk
   50  Class, regardless of age; or
   51         c. The first day of the month following the date the member
   52  completes 30 years of creditable service and attains age 57,
   53  which service may include a maximum of 4 years of military
   54  service credit if such credit is not claimed under any other
   55  system and the remaining years are in the Special Risk Class.
   56         3. If a Special Risk Class member initially enrolled on or
   57  after July 1, 2012:
   58         a. The first day of the month the member attains age 55 and
   59  completes the years of creditable service in the Special Risk
   60  Class equal to or greater than the years of service required for
   61  vesting;
   62         b. The first day of the month the member attains age 48 and
   63  completes 25 years of creditable service in the Special Risk
   64  Class; or
   65         c. The first day of the month following the date the member
   66  completes 25 years of creditable service and attains age 52,
   67  which service may include a maximum of 4 years of military
   68  service credit if such credit is not claimed under any other
   69  system and the remaining years are in the Special Risk Class.
   70  
   71  “Normal retirement age” is attained on the “normal retirement
   72  date.”
   73         (45) “Vested” or “vesting” means the guarantee that a
   74  member is eligible to receive a future retirement benefit upon
   75  completion of the required years of creditable service for the
   76  employee’s class of membership, even though the member may have
   77  terminated covered employment before reaching normal or early
   78  retirement date. Being vested does not entitle a member to a
   79  disability benefit. Provisions governing entitlement to
   80  disability benefits are set forth under s. 121.091(4).
   81         (b) Any member initially enrolled in the Florida Retirement
   82  System on or after July 1, 2011, but before July 1, 2012, shall
   83  be vested upon completion of 8 years of creditable service.
   84         (c) Any member initially enrolled in the Florida Retirement
   85  System on or after July 1, 2012, shall be vested upon completion
   86  of 10 years of creditable service.
   87         Section 2. Paragraph (a) of subsection (3) of section
   88  121.091, Florida Statutes, is amended to read:
   89         121.091 Benefits payable under the system.—Benefits may not
   90  be paid under this section unless the member has terminated
   91  employment as provided in s. 121.021(39)(a) or begun
   92  participation in the Deferred Retirement Option Program as
   93  provided in subsection (13), and a proper application has been
   94  filed in the manner prescribed by the department. The department
   95  may cancel an application for retirement benefits when the
   96  member or beneficiary fails to timely provide the information
   97  and documents required by this chapter and the department’s
   98  rules. The department shall adopt rules establishing procedures
   99  for application for retirement benefits and for the cancellation
  100  of such application when the required information or documents
  101  are not received.
  102         (3) EARLY RETIREMENT BENEFIT.—Upon retirement on his or her
  103  early retirement date, the member shall receive an immediate
  104  monthly benefit that shall begin to accrue on the first day of
  105  the month of the retirement date and be payable on the last day
  106  of that month and each month thereafter during his or her
  107  lifetime. Such benefit shall be calculated as follows:
  108         (a) For a member initially enrolled:
  109         1. Before July 1, 2011, the amount of each monthly payment
  110  shall be computed in the same manner as for a normal retirement
  111  benefit, in accordance with subsection (1), but shall be based
  112  on the member’s average monthly compensation and creditable
  113  service as of the member’s early retirement date. The benefit so
  114  computed shall be reduced by five-twelfths of 1 percent for each
  115  complete month by which the early retirement date precedes the
  116  normal retirement date of age 62 for a member of the Regular
  117  Class, Senior Management Service Class, or the Elected Officers’
  118  Class, and age 55 for a member of the Special Risk Class, or age
  119  52 if a Special Risk member has completed 25 years of creditable
  120  service in accordance with s. 121.021(29)(b)1.c.
  121         2. On or after July 1, 2011, but before July 1, 2012, the
  122  amount of each monthly payment shall be computed in the same
  123  manner as for a normal retirement benefit, in accordance with
  124  subsection (1), but shall be based on the member’s average
  125  monthly compensation and creditable service as of the member’s
  126  early retirement date. The benefit so computed shall be reduced
  127  by five-twelfths of 1 percent for each complete month by which
  128  the early retirement date precedes the normal retirement date of
  129  age 65 for a member of the Regular Class, Senior Management
  130  Service Class, or the Elected Officers’ Class, and age 60 for a
  131  member of the Special Risk Class, or age 57 if a Special Risk
  132  member has completed 30 years of creditable service in
  133  accordance with s. 121.021(29)(b)2.c.
  134         3. On or after July 1, 2012, the amount of each monthly
  135  payment shall be computed in the same manner as for a normal
  136  retirement benefit, in accordance with subsection (1), but shall
  137  be based on the member’s average monthly compensation and
  138  creditable service as of the member’s early retirement date. The
  139  benefit so computed shall be reduced by five-twelfths of 1
  140  percent for each complete month by which the early retirement
  141  date precedes the normal retirement date of age 62 for a member
  142  of the Regular Class, Senior Management Service Class, or the
  143  Elected Officers’ Class, and age 55 for a member of the Special
  144  Risk Class, or age 48 if a Special Risk member has completed 25
  145  years of creditable service in accordance with s.
  146  121.021(29)(b)3.c.
  147         Section 3. Subsection (4) of section 121.4501, Florida
  148  Statutes, is amended to read:
  149         121.4501 Florida Retirement System Investment Plan.—
  150         (4) PARTICIPATION; ENROLLMENT.—
  151         (a)1. With respect to an eligible employee who is employed
  152  in a regularly established position on June 1, 2002, by a state
  153  employer:
  154         a. Any such employee may elect to participate in the
  155  investment plan in lieu of retaining his or her membership in
  156  the pension plan. The election must be made in writing or by
  157  electronic means and must be filed with the third-party
  158  administrator by August 31, 2002, or, in the case of an active
  159  employee who is on a leave of absence on April 1, 2002, by the
  160  last business day of the 5th month following the month the leave
  161  of absence concludes. This election is irrevocable, except as
  162  provided in paragraph (g). Upon making such election, the
  163  employee shall be enrolled as a member of the investment plan,
  164  the employee’s membership in the Florida Retirement System is
  165  governed by the provisions of this part, and the employee’s
  166  membership in the pension plan terminates. The employee’s
  167  enrollment in the investment plan is effective the first day of
  168  the month for which a full month’s employer contribution is made
  169  to the investment plan.
  170         b. Any such employee who fails to elect to participate in
  171  the investment plan within the prescribed time period is deemed
  172  to have elected to retain membership in the pension plan, and
  173  the employee’s option to elect to participate in the investment
  174  plan is forfeited.
  175         2. With respect to employees who become eligible to
  176  participate in the investment plan by reason of employment in a
  177  regularly established position with a state employer commencing
  178  after April 1, 2002, but before July 1, 2012:
  179         a. Any such employee shall, by default, be enrolled in the
  180  pension plan at the commencement of employment, and may, by the
  181  last business day of the 5th month following the employee’s
  182  month of hire, elect to participate in the investment plan. The
  183  employee’s election must be made in writing or by electronic
  184  means and must be filed with the third-party administrator. The
  185  election to participate in the investment plan is irrevocable,
  186  except as provided in paragraph (g).
  187         b. If the employee files such election within the
  188  prescribed time period, enrollment in the investment plan is
  189  effective on the first day of employment. The retirement
  190  contributions paid through the month of the employee plan change
  191  shall be transferred to the investment program, and, effective
  192  the first day of the next month, the employer and employee must
  193  pay the applicable contributions based on the employee
  194  membership class in the program.
  195         c. An employee who fails to elect to participate in the
  196  investment plan within the prescribed time period is deemed to
  197  have elected to retain membership in the pension plan, and the
  198  employee’s option to elect to participate in the investment plan
  199  is forfeited.
  200         3. With respect to employees who become eligible to
  201  participate in the investment plan pursuant to s.
  202  121.051(2)(c)3. or s. 121.35(3)(i), the employee may elect to
  203  participate in the investment plan in lieu of retaining his or
  204  her membership in the State Community College System Optional
  205  Retirement Program or the State University System Optional
  206  Retirement Program. The election must be made in writing or by
  207  electronic means and must be filed with the third-party
  208  administrator. This election is irrevocable, except as provided
  209  in paragraph (g). Upon making such election, the employee shall
  210  be enrolled as a member in the investment plan, the employee’s
  211  membership in the Florida Retirement System is governed by the
  212  provisions of this part, and the employee’s participation in the
  213  State Community College System Optional Retirement Program or
  214  the State University System Optional Retirement Program
  215  terminates. The employee’s enrollment in the investment plan is
  216  effective on the first day of the month for which a full month’s
  217  employer and employee contribution is made to the investment
  218  plan.
  219         4. With respect to employees who become eligible to
  220  participate in the investment plan by reason of employment in a
  221  regularly established position with a state employer commencing
  222  on or after July 1, 2012:
  223         a. Any such employee shall, by default, be enrolled in the
  224  investment plan at the commencement of employment, and may, by
  225  the last business day of the 12th month following the employee’s
  226  month of hire, elect to participate in the pension plan. The
  227  employee’s election must be made in writing or by electronic
  228  means and must be filed with the third-party administrator.
  229         b. If the employee files such election within the
  230  prescribed time period, enrollment in the pension plan is
  231  effective on the first day of employment. The present value of
  232  his or her retirement contributions under the investment plan
  233  paid through the month of the employee plan change shall be
  234  transferred to the pension plan, and, effective the first day of
  235  the next month, the employer and employee must pay the
  236  applicable contributions based on the employee membership class
  237  in the pension plan.
  238         c. An employee who fails to elect to participate in the
  239  pension plan within the prescribed time period is deemed to have
  240  elected to retain membership in the investment plan, and the
  241  employee’s option to elect to participate in the pension plan is
  242  forfeited.
  243         5.4. For purposes of this paragraph, “state employer” means
  244  any agency, board, branch, commission, community college,
  245  department, institution, institution of higher education, or
  246  water management district of the state, which participates in
  247  the Florida Retirement System for the benefit of certain
  248  employees.
  249         (b)1. With respect to an eligible employee who is employed
  250  in a regularly established position on September 1, 2002, by a
  251  district school board employer:
  252         a. Any such employee may elect to participate in the
  253  investment plan in lieu of retaining his or her membership in
  254  the pension plan. The election must be made in writing or by
  255  electronic means and must be filed with the third-party
  256  administrator by November 30, or, in the case of an active
  257  employee who is on a leave of absence on July 1, 2002, by the
  258  last business day of the 5th month following the month the leave
  259  of absence concludes. This election is irrevocable, except as
  260  provided in paragraph (g). Upon making such election, the
  261  employee shall be enrolled as a member of the investment plan,
  262  the employee’s membership in the Florida Retirement System is
  263  governed by the provisions of this part, and the employee’s
  264  membership in the pension plan terminates. The employee’s
  265  enrollment in the investment plan is effective the first day of
  266  the month for which a full month’s employer contribution is made
  267  to the investment program.
  268         b. Any such employee who fails to elect to participate in
  269  the investment plan within the prescribed time period is deemed
  270  to have elected to retain membership in the pension plan, and
  271  the employee’s option to elect to participate in the investment
  272  plan is forfeited.
  273         2. With respect to employees who become eligible to
  274  participate in the investment plan by reason of employment in a
  275  regularly established position with a district school board
  276  employer commencing after July 1, 2002, but before July 1, 2012:
  277         a. Any such employee shall, by default, be enrolled in the
  278  pension plan at the commencement of employment, and may, by the
  279  last business day of the 5th month following the employee’s
  280  month of hire, elect to participate in the investment plan. The
  281  employee’s election must be made in writing or by electronic
  282  means and must be filed with the third-party administrator. The
  283  election to participate in the investment plan is irrevocable,
  284  except as provided in paragraph (g).
  285         b. If the employee files such election within the
  286  prescribed time period, enrollment in the investment plan is
  287  effective on the first day of employment. The employer
  288  retirement contributions paid through the month of the employee
  289  plan change shall be transferred to the investment plan, and,
  290  effective the first day of the next month, the employer shall
  291  pay the applicable contributions based on the employee
  292  membership class in the investment plan.
  293         c. Any such employee who fails to elect to participate in
  294  the investment plan within the prescribed time period is deemed
  295  to have elected to retain membership in the pension plan, and
  296  the employee’s option to elect to participate in the investment
  297  plan is forfeited.
  298         3. With respect to employees who become eligible to
  299  participate in the investment plan by reason of employment in a
  300  regularly established position with a district school board
  301  employer commencing on or after July 1, 2012:
  302         a. Any such employee shall, by default, be enrolled in the
  303  investment plan at the commencement of employment, and may, by
  304  the last business day of the 12th month following the employee’s
  305  month of hire, elect to participate in the pension plan. The
  306  employee’s election must be made in writing or by electronic
  307  means and must be filed with the third-party administrator.
  308         b. If the employee files such election within the
  309  prescribed time period, enrollment in the pension plan is
  310  effective on the first day of employment. The present value of
  311  his or her retirement contributions under the investment plan
  312  paid through the month of the employee plan change shall be
  313  transferred to the pension plan, and, effective the first day of
  314  the next month, the employer shall pay the applicable
  315  contributions based on the employee membership class in the
  316  pension plan.
  317         c. Any such employee who fails to elect to participate in
  318  the pension plan within the prescribed time period is deemed to
  319  have elected to retain membership in the investment plan, and
  320  the employee’s option to elect to participate in the pension
  321  plan is forfeited.
  322         4.3. For purposes of this paragraph, “district school board
  323  employer” means any district school board that participates in
  324  the Florida Retirement System for the benefit of certain
  325  employees, or a charter school or charter technical career
  326  center that participates in the Florida Retirement System as
  327  provided in s. 121.051(2)(d).
  328         (c)1. With respect to an eligible employee who is employed
  329  in a regularly established position on December 1, 2002, by a
  330  local employer:
  331         a. Any such employee may elect to participate in the
  332  investment plan in lieu of retaining his or her membership in
  333  the pension plan. The election must be made in writing or by
  334  electronic means and must be filed with the third-party
  335  administrator by February 28, 2003, or, in the case of an active
  336  employee who is on a leave of absence on October 1, 2002, by the
  337  last business day of the 5th month following the month the leave
  338  of absence concludes. This election is irrevocable, except as
  339  provided in paragraph (g). Upon making such election, the
  340  employee shall be enrolled as a participant of the investment
  341  plan, the employee’s membership in the Florida Retirement System
  342  is governed by the provisions of this part, and the employee’s
  343  membership in the pension plan terminates. The employee’s
  344  enrollment in the investment plan is effective the first day of
  345  the month for which a full month’s employer contribution is made
  346  to the investment plan.
  347         b. Any such employee who fails to elect to participate in
  348  the investment plan within the prescribed time period is deemed
  349  to have elected to retain membership in the pension plan, and
  350  the employee’s option to elect to participate in the investment
  351  plan is forfeited.
  352         2. With respect to employees who become eligible to
  353  participate in the investment plan by reason of employment in a
  354  regularly established position with a local employer commencing
  355  after October 1, 2002, but before July 1, 2012:
  356         a. Any such employee shall, by default, be enrolled in the
  357  pension plan at the commencement of employment, and may, by the
  358  last business day of the 5th month following the employee’s
  359  month of hire, elect to participate in the investment plan. The
  360  employee’s election must be made in writing or by electronic
  361  means and must be filed with the third-party administrator. The
  362  election to participate in the investment plan is irrevocable,
  363  except as provided in paragraph (g).
  364         b. If the employee files such election within the
  365  prescribed time period, enrollment in the investment plan is
  366  effective on the first day of employment. The employer
  367  retirement contributions paid through the month of the employee
  368  plan change shall be transferred to the investment plan, and,
  369  effective the first day of the next month, the employer shall
  370  pay the applicable contributions based on the employee
  371  membership class in the investment plan.
  372         c. Any such employee who fails to elect to participate in
  373  the investment plan within the prescribed time period is deemed
  374  to have elected to retain membership in the pension plan, and
  375  the employee’s option to elect to participate in the investment
  376  plan is forfeited.
  377         3. With respect to employees who become eligible to
  378  participate in the investment plan by reason of employment in a
  379  regularly established position with a local employer commencing
  380  on or after July 1, 2012:
  381         a. Any such employee shall, by default, be enrolled in the
  382  investment plan at the commencement of employment, and may, by
  383  the last business day of the 12th month following the employee’s
  384  month of hire, elect to participate in the pension plan. The
  385  employee’s election must be made in writing or by electronic
  386  means and must be filed with the third-party administrator.
  387         b. If the employee files such election within the
  388  prescribed time period, enrollment in the pension plan is
  389  effective on the first day of employment. The present value of
  390  his or her employer retirement contributions under the
  391  investment plan paid through the month of the employee plan
  392  change shall be transferred to the pension plan, and, effective
  393  the first day of the next month, the employer shall pay the
  394  applicable contributions based on the employee membership class
  395  in the pension plan.
  396         c. Any such employee who fails to elect to participate in
  397  the pension plan within the prescribed time period is deemed to
  398  have elected to retain membership in the investment plan, and
  399  the employee’s option to elect to participate in the pension
  400  plan is forfeited.
  401         4.3. For purposes of this paragraph, “local employer” means
  402  any employer not included in paragraph (a) or paragraph (b).
  403         (d) Contributions available for self-direction by a member
  404  who has not selected one or more specific investment products
  405  shall be allocated as prescribed by the state board. The third
  406  party administrator shall notify the member at least quarterly
  407  that the member should take an affirmative action to make an
  408  asset allocation among the investment products.
  409         (e) On or after July 1, 2011, a member of the pension plan
  410  who obtains a refund of employee contributions retains his or
  411  her prior plan choice upon return to employment in a regularly
  412  established position with a participating employer.
  413         (f) A member of the investment plan who takes a
  414  distribution of any contributions from his or her investment
  415  plan account is considered a retiree. A retiree who is initially
  416  reemployed on or after July 1, 2010, is not eligible for renewed
  417  membership.
  418         (g) After the period during which an eligible employee had
  419  the choice to elect the pension plan or the investment plan, or
  420  the month following the receipt of the eligible employee’s plan
  421  election, if sooner, the employee shall have one opportunity, at
  422  the employee’s discretion, to choose to move from the pension
  423  plan to the investment plan or from the investment plan to the
  424  pension plan. However, employees initially enrolled in the
  425  investment plan on or after July 1, 2012, may not move from the
  426  investment plan to the pension plan after the close of the
  427  initial prescribed time period to do so. Eligible employees may
  428  elect to move between plans only if they are earning service
  429  credit in an employer-employee relationship consistent with s.
  430  121.021(17)(b), excluding leaves of absence without pay.
  431  Effective July 1, 2005, such elections are effective on the
  432  first day of the month following the receipt of the election by
  433  the third-party administrator and are not subject to the
  434  requirements regarding an employer-employee relationship or
  435  receipt of contributions for the eligible employee in the
  436  effective month, except when the election is received by the
  437  third-party administrator. This paragraph is contingent upon
  438  approval by the Internal Revenue Service.
  439         1. If the employee chooses to move to the investment plan,
  440  the provisions of subsection (3) govern the transfer.
  441         2. If the employee chooses to move to the pension plan, the
  442  employee must transfer from his or her investment plan account,
  443  and from other employee moneys as necessary, a sum representing
  444  the present value of that employee’s accumulated benefit
  445  obligation immediately following the time of such movement,
  446  determined assuming that attained service equals the sum of
  447  service in the pension plan and service in the investment plan.
  448  Benefit commencement occurs on the first date the employee is
  449  eligible for unreduced benefits, using the discount rate and
  450  other relevant actuarial assumptions that were used to value the
  451  pension plan liabilities in the most recent actuarial valuation.
  452  For any employee who, at the time of the second election,
  453  already maintains an accrued benefit amount in the pension plan,
  454  the then-present value of the accrued benefit is deemed part of
  455  the required transfer amount. The division must ensure that the
  456  transfer sum is prepared using a formula and methodology
  457  certified by an enrolled actuary. A refund of any employee
  458  contributions or additional member payments made which exceed
  459  the employee contributions that would have accrued had the
  460  member remained in the pension plan and not transferred to the
  461  investment plan is not permitted.
  462         3. Notwithstanding subparagraph 2., an employee who chooses
  463  to move to the pension plan and who became eligible to
  464  participate in the investment plan by reason of employment in a
  465  regularly established position with a state employer after June
  466  1, 2002; a district school board employer after September 1,
  467  2002; or a local employer after December 1, 2002, must transfer
  468  from his or her investment plan account, and from other employee
  469  moneys as necessary, a sum representing the employee’s actuarial
  470  accrued liability. A refund of any employee contributions or
  471  additional participant payments made which exceed the employee
  472  contributions that would have accrued had the member remained in
  473  the pension plan and not transferred to the investment plan is
  474  not permitted.
  475         4. An employee’s ability to transfer from the pension plan
  476  to the investment plan pursuant to paragraphs (a)-(d), and the
  477  ability of a current employee to have an option to later
  478  transfer back into the pension plan under subparagraph 2., shall
  479  be deemed a significant system amendment. Pursuant to s.
  480  121.031(4), any resulting unfunded liability arising from actual
  481  original transfers from the pension plan to the investment plan
  482  must be amortized within 30 plan years as a separate unfunded
  483  actuarial base independent of the reserve stabilization
  484  mechanism defined in s. 121.031(3)(f). For the first 25 years, a
  485  direct amortization payment may not be calculated for this base.
  486  During this 25-year period, the separate base shall be used to
  487  offset the impact of employees exercising their second program
  488  election under this paragraph. The actuarial funded status of
  489  the pension plan will not be affected by such second program
  490  elections in any significant manner, after due recognition of
  491  the separate unfunded actuarial base. Following the initial 25
  492  year period, any remaining balance of the original separate base
  493  shall be amortized over the remaining 5 years of the required
  494  30-year amortization period.
  495         5. If the employee chooses to transfer from the investment
  496  plan to the pension plan and retains an excess account balance
  497  in the investment plan after satisfying the buy-in requirements
  498  under this paragraph, the excess may not be distributed until
  499  the member retires from the pension plan. The excess account
  500  balance may be rolled over to the pension plan and used to
  501  purchase service credit or upgrade creditable service in the
  502  pension plan.
  503         Section 4. This act shall take effect July 1, 2012.