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 subdivision of the state may by ordinance, and any
26 constitutional county officer under s. 1(d), Art. VIII of the
27 State Constitution of 1968 may 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 section subsection may 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.