Florida Senate - 2024 SB 1416 By Senator Rodriguez 40-01301B-24 20241416__ 1 A bill to be entitled 2 An act relating to the Special Risk Class of the 3 Florida Retirement System; amending s. 121.4501, F.S.; 4 authorizing employees enrolled in the Special Risk 5 Class to make an election to move from the investment 6 plan to the pension plan within a certain timeframe, 7 subject to certain conditions; providing a declaration 8 of important state interest; providing an effective 9 date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Paragraph (f) of subsection (4) of section 14 121.4501, Florida Statutes, is amended to read: 15 121.4501 Florida Retirement System Investment Plan.— 16 (4) PARTICIPATION; ENROLLMENT.— 17 (f) After the period during which an eligible employee had 18 the choice to elect the pension plan or the investment plan, or 19 the month following the receipt of the eligible employee’s plan 20 election, if sooner, the employee shall have one opportunity, at 21 the employee’s discretion, to choose to move from the pension 22 plan to the investment plan or from the investment plan to the 23 pension plan. Eligible employees may elect to move between plans 24 only if they are earning service credit in an employer-employee 25 relationship consistent with s. 121.021(17)(b), excluding leaves 26 of absence without pay. Effective July 1, 2005, such elections 27 are effective on the first day of the month following the 28 receipt of the election by the third-party administrator and are 29 not subject to the requirements regarding an employer-employee 30 relationship or receipt of contributions for the eligible 31 employee in the effective month, except when the election is 32 received by the third-party administrator. This paragraph is 33 contingent upon approval by the Internal Revenue Service. 34 1. If the employee chooses to move to the investment plan, 35 the provisions of subsection (3) govern the transfer. 36 2. If the employee chooses to move to the pension plan, the 37 employee must transfer from his or her investment plan account, 38 and from other employee moneys as necessary, a sum representing 39 the present value of that employee’s accumulated benefit 40 obligation immediately following the time of such movement, 41 determined assuming that attained service equals the sum of 42 service in the pension plan and service in the investment plan. 43 Benefit commencement occurs on the first date the employee is 44 eligible for unreduced benefits, using the discount rate and 45 other relevant actuarial assumptions that were used to value the 46 pension plan liabilities in the most recent actuarial valuation. 47 For any employee who, at the time of the second election, 48 already maintains an accrued benefit amount in the pension plan, 49 the then-present value of the accrued benefit is deemed part of 50 the required transfer amount. The division must ensure that the 51 transfer sum is prepared using a formula and methodology 52 certified by an enrolled actuary. A refund of any employee 53 contributions or additional member payments made which exceed 54 the employee contributions that would have accrued had the 55 member remained in the pension plan and not transferred to the 56 investment plan is not permitted. 57 3. Notwithstanding subparagraph 2., an employee who chooses 58 to move to the pension plan and who became eligible to 59 participate in the investment plan by reason of employment in a 60 regularly established position with a state employer after June 61 1, 2002; a district school board employer after September 1, 62 2002; or a local employer after December 1, 2002, must transfer 63 from his or her investment plan account, and from other employee 64 moneys as necessary, a sum representing the employee’s actuarial 65 accrued liability. A refund of any employee contributions or 66 additional member payments made which exceed the employee 67 contributions that would have accrued had the member remained in 68 the pension plan and not transferred to the investment plan is 69 not permitted. 70 4. An employee’s ability to transfer from the pension plan 71 to the investment plan pursuant to paragraphs (a) and (b), and 72 the ability of a current employee to have an option to later 73 transfer back into the pension plan under subparagraph 2., shall 74 be deemed a significant system amendment. Pursuant to s. 75 121.031(4), any resulting unfunded liability arising from actual 76 original transfers from the pension plan to the investment plan 77 must be amortized within 30 plan years as a separate unfunded 78 actuarial base independent of the reserve stabilization 79 mechanism defined in s. 121.031(3)(f). For the first 25 years, a 80 direct amortization payment may not be calculated for this base. 81 During this 25-year period, the separate base shall be used to 82 offset the impact of employees exercising their second program 83 election under this paragraph. The actuarial funded status of 84 the pension plan will not be affected by such second program 85 elections in any significant manner, after due recognition of 86 the separate unfunded actuarial base. Following the initial 25 87 year period, any remaining balance of the original separate base 88 shall be amortized over the remaining 5 years of the required 89 30-year amortization period. 90 5. If the employee chooses to transfer from the investment 91 plan to the pension plan and retains an excess account balance 92 in the investment plan after satisfying the buy-in requirements 93 under this paragraph, the excess may not be distributed until 94 the member retires from the pension plan. The excess account 95 balance may be rolled over to the pension plan and used to 96 purchase service credit or upgrade creditable service in the 97 pension plan. 98 6. An employee enrolled in the Special Risk Class who 99 previously made an election to move from the pension plan to the 100 investment plan may make an election, beginning July 1, 2024, 101 through September 30, 2024, to move back to the pension plan by 102 surrendering the current value of their investment plan. 103 Section 2. The Legislature finds that a proper and 104 legitimate state purpose is served when employees, officers, and 105 retirees of the state and its political subdivisions, and the 106 dependents, survivors, and beneficiaries of such employees, 107 officers, and retirees, are extended the basic protections 108 afforded by governmental retirement systems. These persons must 109 be provided benefits that are fair and adequate and that are 110 managed, administered, and funded in an actuarially sound manner 111 as required by s. 14, Article X of the State Constitution and 112 part VII of chapter 112, Florida Statutes. Therefore, the 113 Legislature determines and declares that this act fulfills an 114 important state interest. 115 Section 3. This act shall take effect July 1, 2024.