Florida Senate - 2016 SB 7042 By the Committee on Governmental Oversight and Accountability 585-01991-16 20167042__ 1 A bill to be entitled 2 An act relating to state-administered retirement 3 systems; amending s. 121.4501, F.S.; correcting a 4 reference to the trust fund to which certain employer 5 assessments are transferred; amending s. 121.71, F.S.; 6 revising required employer retirement contribution 7 rates for each membership class and subclass of the 8 Florida Retirement System; amending s. 121.74, F.S.; 9 revising the employer assessment rate for offsetting 10 administrative and educational costs related to the 11 Florida Retirement System; providing a declaration of 12 important state interest; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraph (c) of subsection (5) of section 17 121.4501, Florida Statutes, is amended to read: 18 121.4501 Florida Retirement System Investment Plan.— 19 (5) CONTRIBUTIONS.— 20 (c) The state board, acting as plan fiduciary, must ensure 21 that all plan assets are held in a trust, pursuant to s. 401 of 22 the Internal Revenue Code. The fiduciary must ensure that such 23 contributions are allocated as follows: 24 1. The employer and employee contribution portion earmarked 25 for member accounts shall be used to purchase interests in the 26 appropriate investment vehicles as specified by the member, or 27 in accordance with paragraph (4)(d). 28 2. The employer contribution portion earmarked for 29 administrative and educational expenses shall be transferred to 30 the state board’s AdministrativeFlorida Retirement System31Investment PlanTrust Fund. 32 3. The employer contribution portion earmarked for 33 disability benefits shall be transferred to the Florida 34 Retirement System Trust Fund. 35 Section 2. Subsections (4) and (5) of section 121.71, 36 Florida Statutes, are amended to read: 37 121.71 Uniform rates; process; calculations; levy.— 38 (4) Required employer retirement contribution rates for 39 each membership class and subclass of the Florida Retirement 40 System for both retirement plans are as follows: 41 42 Membership Class Percentage ofGrossCompensation,EffectiveJuly 1, 2016201543 44 Regular Class 2.97%2.91%45 Special Risk Class 11.35% 46 Special Risk Administrative Support Class 3.87%3.71%47 Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders 6.63%6.48%48 Elected Officers’ Class— Justices, Judges 11.68%11.39%49 Elected Officers’ Class— County Elected Officers 8.55%8.48%50 Senior Management Class 4.38%4.32%51 DROP 4.17%4.10%52 (5) In order to address unfunded actuarial liabilities of 53 the system, the required employer retirement contribution rates 54 for each membership class and subclass of the Florida Retirement 55 System for both retirement plans are as follows: 56 57 58 Membership Class Percentage ofGrossCompensation,EffectiveJuly 1, 2016201559 60 Regular Class 2.83%2.65%61 Special Risk Class 8.92%8.99%62 Special Risk Administrative Support Class 22.47%27.54%63 Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders 33.75%37.62%64 Elected Officers’ Class— Justices, Judges 23.30%22.62%65 Elected Officers’ Class— County Elected Officers 32.20%32.09%66 Senior Management Service Class 15.67%15.41%67 DROP 7.10%7.12%68 Section 3. Section 121.74, Florida Statutes, is amended to 69 read: 70 121.74 Administrative and educational expenses.—In addition 71 to contributions required to fund member accounts under ss. 72 121.71 and 121.73, effective July 1, 2010, through June 30, 73 2014, employers participating in the Florida Retirement System 74 shall contribute an employer assessment amount equal to 0.03 75 percent of the payroll reported for each class or subclass of 76 Florida Retirement System membership. Effective July 1, 2014, 77 the employer assessment is 0.04 percent of the payroll reported 78 for each class or subclass of membership. Effective July 1, 79 2016, the employer assessment is 0.06 percent of the payroll 80 reported for each class or subclass of membership. The amount 81 assessed shall be transferred by the Division of Retirement from 82 the Florida Retirement System Contributions Clearing Trust Fund 83 to the State Board of Administration’s Administrative Trust Fund 84 to offset the costs of administering the investment plan and the 85 costs of providing educational services to members of the 86 Florida Retirement System. Approval of the trustees is required 87 before the expenditure of these funds. Payments for third-party 88 administrative or educational expenses shall be made only 89 pursuant to the terms of the approved contracts for such 90 services. 91 Section 4. The Legislature finds that a proper and 92 legitimate state interest is served when employees, officers, 93 and retirees of the state and its political subdivisions, and 94 the dependents, survivors, and beneficiaries of such employees, 95 officers, and retirees, are extended the basic protections 96 afforded by governmental retirement systems. These persons must 97 be provided benefits that are fair and adequate and that are 98 managed, administered, and funded in an actuarially sound 99 manner, as required by s. 14, Article X of the State 100 Constitution and part VII of chapter 112, Florida Statutes. 101 Therefore, the Legislature determines and declares that this act 102 fulfills an important state interest. 103 Section 5. This act shall take effect July 1, 2016.