Florida Senate - 2015 CS for SB 1352 By the Committee on Governmental Oversight and Accountability; and Senator Smith 585-03191-15 20151352c1 1 A bill to be entitled 2 An act relating to deferred compensation; amending s. 3 112.215, F.S.; prohibiting contracts with investment 4 providers and recordkeepers for local deferred 5 compensation programs from exceeding a 5-year term; 6 requiring a public official or body to initiate a 7 public bid for investment providers and recordkeepers 8 for local deferred compensation programs; prohibiting 9 specified persons from participating in the selection 10 of an investment provider or recordkeeper under 11 certain circumstances; requiring the administrator of 12 a local deferred compensation program to comply with 13 certain fiduciary standards; authorizing a public body 14 or official that establishes a local deferred 15 compensation program to organize an oversight 16 committee; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Subsections (5) and (14) of section 112.215, 21 Florida Statutes, are amended to read: 22 112.215 Government employees; deferred compensation 23 program.— 24 (5) Any county, municipality, or other political 25 subdivisionof the statemay by ordinance, and any 26 constitutional county officer under s. 1(d), Art. VIII of the 27 State Constitutionof 1968may by contract agreement or other 28 documentation constituting approval, adopt and establish for 29 itself and its employees a deferred compensation program. The 30 ordinance shall designate an appropriate official of the county, 31 municipality, or political subdivision to approve and administer 32 a deferred compensation plan or otherwise provide for such 33 approval and administration. The ordinance shall also designate 34 a public official or body to make the determinations provided 35 for in paragraph (6)(b). If a constitutional county officer 36 elects to adopt and establish for that office and its employees 37 a deferred compensation program, the constitutional county 38 officer shall be the appropriate official to make the 39 determinations provided for in this subsection and in paragraph 40 (6)(b). 41 (a) A county, municipality, political subdivision, or 42 constitutional county officer may not enter into a contract with 43 an investment provider or recordkeeper for purposes of offering 44 investment vehicles or products to participants in the deferred 45 compensation program or recordkeeping services for the program 46 for a term to exceed 5 years. Before the end of each contract 47 term, the public official or body shall initiate a public bid 48 for the procurement of investment providers and recordkeepers. 49 (b) If the administrator of a deferred compensation program 50 or any other person involved with the selection of an investment 51 provider or recordkeeper has had any direct interest in any 52 contract, privilege, or other benefit granted by the investment 53 provider or recordkeeper in the preceding 2 years, he or she 54 must abstain from participating in any decision regarding the 55 selection of the investment provider or recordkeeper. 56 Establishing a personal account with an investment provider or 57 recordkeeper or taking a distribution from a personal account 58 does not constitute a direct interest for purposes of this 59 paragraph. 60 (c) The administrator of a deferred compensation program 61 established pursuant to this subsection shall comply with the 62 fiduciary standards set forth in the Employee Retirement Income 63 Security Act of 1974, as amended, at 29 U.S.C. s. 1104(a)(1)(A) 64 (C). 65 (d) A county, municipality, or political subdivision or 66 constitutional county officer that establishes a deferred 67 compensation plan may evaluate the performance of the plan 68 administrator through an oversight committee. An oversight 69 committee shall provide assistance and recommendations with 70 respect to the administration of the plan, including, but not 71 limited to, investment options offered under the plan. A county, 72 municipality, or political subdivision or constitutional county 73 officer shall determine the authority, activities, and 74 composition of the oversight committee. 75 (14) This sectionsubsectionmay not impair an existing 76 contract. In each county that has one or more constitutional 77 county officers, the board of county commissioners and the 78 constitutional county officers shall negotiate a joint deferred 79 compensation program for all their respective employees under s. 80 163.01. If all parties to the negotiation cannot agree upon a 81 joint deferred compensation program, the provisions of 82 subsection (5) apply. 83 Section 2. This act shall take effect July 1, 2015.