Florida Senate - 2013                       CS for CS for SB 534
       By the Committees on Community Affairs; and Governmental
       Oversight and Accountability; and Senators Brandes and Bradley
       578-02813-13                                           2013534c2
    1                        A bill to be entitled                      
    2         An act relating to publicly funded defined benefit
    3         retirement plans; amending s. 112.63, F.S.; deleting
    4         the requirement that required actuarial reports for
    5         retirement plans include a disclosure of the present
    6         value of the plan’s benefits; amending s. 112.66,
    7         F.S.; providing that the state is not liable for
    8         shortfalls in local government retirement systems or
    9         plans; creating s. 112.664, F.S.; requiring a defined
   10         benefit system or plan to report certain information
   11         to the Department of Management Services by a certain
   12         date; requiring the plan sponsor to make certain
   13         information available on certain websites; providing
   14         consequences for failure to timely submit the required
   15         information; providing a method for a plan sponsor to
   16         request a hearing to contest such consequences;
   17         amending s. 112.665, F.S.; requiring the department to
   18         provide a fact sheet specifying certain information;
   19         providing a declaration of important state interest;
   20         providing an effective date.
   22         WHEREAS, in 2012, there were 492 local government employee
   23  defined benefit pension plans in Florida, providing pension
   24  benefits to approximately 79,000 retirees. The interests of
   25  participants in many of these plans may have property rights
   26  implications under state law, and
   27         WHEREAS, local government employee defined benefit pension
   28  plans are becoming a large financial burden on certain local
   29  governments and have already resulted in tax increases and the
   30  reduction of services, and
   31         WHEREAS, the 2012 Florida Local Government Retirement
   32  Systems Annual Report published by the Department of Management
   33  Services specifies the total unfunded actuarial accrued
   34  liability of all local government defined benefit pension plans
   35  at approximately $10 billion, and
   36         WHEREAS, some economists and observers have stated that the
   37  extent to which state or local government employee defined
   38  benefit pension plans are underfunded is obscured by
   39  governmental accounting rules and practices, particularly as
   40  they relate to the valuation of plan assets and liabilities.
   41  This results in a misstatement of the value of plan assets and
   42  an understatement of plan liabilities, a situation that poses a
   43  significant threat to the soundness of state and local budgets,
   44  and
   45         WHEREAS, there is currently a lack of meaningful disclosure
   46  regarding the value of state or local government employee
   47  defined benefit pension plan assets and liabilities. This lack
   48  of meaningful disclosure poses a direct and serious threat to
   49  the financial stability of such plans and their sponsoring
   50  governments, impairs the ability of state and local government
   51  taxpayers and officials to understand the financial obligations
   52  of their government, and reduces the likelihood that state and
   53  local government processes will be effective in assuring the
   54  prudent management of their plans, and
   55         WHEREAS, the financial health of state or local government
   56  employee pension benefit plans can have statewide public
   57  repercussions, and the meaningful disclosure of the value of
   58  their assets and liabilities is necessary and desirable in order
   59  to adequately protect plan participants and their beneficiaries
   60  as well as the general public, and to further efforts to provide
   61  for the general welfare and the free flow of commerce, NOW,
   64  Be It Enacted by the Legislature of the State of Florida:
   66         Section 1. Paragraphs (f) and (g) of subsection (1) of
   67  section 112.63, Florida Statutes, are amended to read:
   68         112.63 Actuarial reports and statements of actuarial
   69  impact; review.—
   70         (1) Each retirement system or plan subject to the
   71  provisions of this act shall have regularly scheduled actuarial
   72  reports prepared and certified by an enrolled actuary. The
   73  actuarial report shall consist of, but shall not be limited to,
   74  the following:
   75         (f) A disclosure of the present value of the plan’s accrued
   76  vested, nonvested, and total benefits, as adopted by the
   77  Financial Accounting Standards Board, using the Florida
   78  Retirement System’s assumed rate of return, in order to promote
   79  the comparability of actuarial data between local plans.
   80         (f)(g) A statement by the enrolled actuary that the report
   81  is complete and accurate and that in his or her opinion the
   82  techniques and assumptions used are reasonable and meet the
   83  requirements and intent of this act.
   85  The actuarial cost methods utilized for establishing the amount
   86  of the annual actuarial normal cost to support the promised
   87  benefits shall only be those methods approved in the Employee
   88  Retirement Income Security Act of 1974 and as permitted under
   89  regulations prescribed by the Secretary of the Treasury.
   90         Section 2. Subsection (14) is added to section 112.66,
   91  Florida Statutes, to read:
   92         112.66 General provisions.—The following general provisions
   93  relating to the operation and administration of any retirement
   94  system or plan covered by this part shall be applicable:
   95         (14) The state is not liable for any obligation relating to
   96  any current or future shortfall in any local government
   97  retirement system or plan.
   98         Section 3. Section 112.664, Florida Statutes, is created to
   99  read:
  100         112.664Reporting standards for defined benefit retirement
  101  plans or systems.—
  102         (1)In addition to the other reporting requirements of this
  103  part, within 180 days after the close of the first plan year
  104  that ends on or after June 30, 2013, and thereafter in each year
  105  required under s. 112.63(2), each defined benefit retirement
  106  system or plan, excluding the Florida Retirement System, shall
  107  prepare and electronically report the following information to
  108  the Department of Management Services in a format prescribed by
  109  the department:
  110         (a)Annual financial statements that are in compliance with
  111  the requirements of the Government Accounting and Standard
  112  Board’s Statement No. 67, Financial Reporting for Pension Plans
  113  and Statement No. 68, Accounting and Financial Reporting for
  114  Pensions, using RP-2000 Combined Healthy Participant Mortality
  115  Tables, by gender, with generational projection by Scale AA.
  116         (b) Annual financial statements similar to those required
  117  under paragraph (a), but which use an assumed rate of return on
  118  investments and an assumed discount rate that are equal to 200
  119  basis points less than the plan’s assumed rate of return.
  120         (c) Information indicating the number of months or years
  121  for which the current market value of assets are adequate to
  122  sustain the payment of expected retirement benefits as
  123  determined in the plan’s latest valuation and under the
  124  financial statements prepared pursuant to paragraphs (a) and
  125  (b).
  126         (d) Information indicating the recommended contributions to
  127  the plan based on the plan’s latest valuation, and the
  128  contributions necessary to fund the plan based on financial
  129  statements prepared pursuant to paragraphs (a) and (b), stated
  130  as an annual dollar value and a percentage of valuation payroll.
  131         (2)Each defined benefit retirement system or plan,
  132  excluding the Florida Retirement System, and its plan sponsor:
  133         (a) Shall provide the information required by this section
  134  and the funded ratio of the system or plan as determined in the
  135  most recent actuarial valuation as part of the disclosures
  136  required under s. 166.241(3) and on any website that contains
  137  budget information relating to the plan sponsor or actuarial or
  138  performance information related to the system or plan.
  139         (b) That have a publicly available website shall provide
  140  the plan’s most recent financial statement and actuarial
  141  valuation on that website.
  142         (3) The plan shall be deemed to be in noncompliance if it
  143  has not submitted the required information to the Department of
  144  Management Services within 60 days after receipt of the
  145  certified actuarial report for the plan year for which the
  146  information is required to be submitted to the department.
  147         (a) The Department of Management Services may notify the
  148  Department of Revenue and the Department of Financial Services
  149  of the noncompliance, and the Department of Revenue and the
  150  Department of Financial Services shall withhold any funds not
  151  pledged for satisfaction of bond debt service and which are
  152  payable to the plan sponsor until the information is provided to
  153  the department. The department shall specify the date the
  154  withholding is to begin and notify the Department of Revenue,
  155  the Department of Financial Services, and the plan sponsor 30
  156  days before the specified date.
  157         (b) Within 21 days after receipt of the notice, the plan
  158  sponsor may petition the Department of Management Services for a
  159  hearing under ss. 120.569 and 120.57. The Department of Revenue
  160  and the Department of Financial Services may not be parties to
  161  the hearing, but may request to intervene if requested by the
  162  department or if the Department of Revenue or the Department of
  163  Financial Services determines its interests may be adversely
  164  affected by the hearing.
  165         Section 4. Subsection (1) of section 112.665, Florida
  166  Statutes, is amended to read:
  167         112.665 Duties of Department of Management Services.—
  168         (1) The Department of Management Services shall:
  169         (a) Gather, catalog, and maintain complete, computerized
  170  data information on all public employee retirement systems or
  171  plans in the state, based upon a review of audits, reports, and
  172  other data pertaining to the systems or plans;
  173         (b) Receive and comment upon all actuarial reviews of
  174  retirement systems or plans maintained by units of local
  175  government;
  176         (c) Cooperate with local retirement systems or plans on
  177  matters of mutual concern and provide technical assistance to
  178  units of local government in the assessment and revision of
  179  retirement systems or plans;
  180         (d) Annually issue, by January 1 annually, a report to the
  181  President of the Senate and the Speaker of the House of
  182  Representatives, which report details division activities,
  183  findings, and recommendations concerning all governmental
  184  retirement systems. The report may include legislation proposed
  185  to carry out such recommendations;
  186         (e) Provide a fact sheet for each participating local
  187  government defined benefit pension plan which summarizes
  188  summarizing the plan’s actuarial status. The fact sheet should
  189  provide a summary of the plan’s most current actuarial data,
  190  minimum funding requirements as a percentage of pay, and a 5
  191  year history of funded ratios. The fact sheet must include a
  192  brief explanation of each element in order to maximize the
  193  transparency of the local government plans. The fact sheet must
  194  also contain the information specified in s. 112.664(1). These
  195  documents shall be posted on the department’s website. Plan
  196  sponsors that have websites must provide a link to the
  197  department’s website;
  198         (f) Annually issue, by January 1 annually, a report to the
  199  Special District Information Program of the Department of
  200  Economic Opportunity which that includes the participation in
  201  and compliance of special districts with the local government
  202  retirement system provisions in s. 112.63 and the state
  203  administered retirement system provisions as specified in part I
  204  of chapter 121; and
  205         (g) Adopt reasonable rules to administer the provisions of
  206  this part.
  207         Section 5. The Legislature finds that a proper and
  208  legitimate state purpose is served when employees and retirees
  209  of the state and its political subdivisions, and the dependents,
  210  survivors, and beneficiaries of such employees and retirees, are
  211  extended the basic protections afforded by governmental
  212  retirement systems that provide fair and adequate benefits and
  213  that are managed, administered, and funded in an actuarially
  214  sound manner as required by s. 14, Article X of the State
  215  Constitution and part VII of chapter 112, Florida Statutes.
  216  Therefore, the Legislature determines and declares that this act
  217  fulfills an important state interest.
  218         Section 6. This act shall take effect July 1, 2013.