Florida Senate - 2009                                     SB 534
       
       
       
       By Senator Fasano
       
       
       
       
       11-00553-09                                            2009534__
    1                        A bill to be entitled                      
    2         An act relating to the defined contribution retirement
    3         program; amending s. 121.4501, F.S.; changing the name
    4         of the Public Employee Optional Retirement Program to
    5         the Public Employee Retirement Investment Program;
    6         limiting the option of enrolling in the State
    7         Retirement System's defined benefit program or defined
    8         contribution program to public employees employed
    9         before January 1, 2010; requiring public employees
   10         employed on or after January 1, 2010, to enroll in the
   11         defined contribution program; deleting obsolete
   12         provisions relating to the 2002 optional transfer of
   13         public employees from the defined benefit program to
   14         the defined contribution program; deleting
   15         requirements for an educational program that compares
   16         retirement programs; amending s. 121.4502, F.S.;
   17         changing the name of the Public Employee Optional
   18         Retirement Program Trust Fund to the Public Employee
   19         Retirement Investment Program Trust Fund; amending ss.
   20         110.123, 112.0801, 112.363, 112.65, 121.021, 121.051,
   21         121.35, 121.71, 121.72, 121.73, 121.74, 121.77, and
   22         121.78, F.S.; conforming cross-references;
   23         substituting references to the defined contribution
   24         program for references to the Public Employee Optional
   25         Retirement Program; amending ss. 121.091, 121.4503,
   26         121.571, 121.591, and 121.5911, F.S.; conforming
   27         cross-references; substituting the name of the Public
   28         Employee Retirement Investment Program and the Public
   29         Employee Retirement Investment Program Trust Fund;
   30         amending s. 121.055, F.S.; conforming changes relating
   31         to the name of the Florida Employee Retirement
   32         Investment Program and deleting obsolete provisions;
   33         amending s. 121.70, F.S.; changing the name of the
   34         Public Employee Optional Retirement Program to the
   35         defined contribution program; deleting provisions
   36         relating to having a choice in retirement plans;
   37         providing a directive to the Division of Statutory
   38         Revision; providing an effective date.
   39         
   40  Be It Enacted by the Legislature of the State of Florida:
   41         
   42         Section 1. Section 121.4501, Florida Statutes, is amended
   43  to read:
   44         121.4501 Public Employee Optional Retirement Investment
   45  Program.—
   46         (1) The Trustees of the State Board of Administration shall
   47  establish a an optional defined contribution retirement program
   48  called the Public Employee Retirement Investment Program for
   49  members of the Florida Retirement System under which retirement
   50  benefits will be provided for eligible employees employed before
   51  January 1, 2010, who elect to participate in the program, and
   52  for all eligible employees employed on or after January 1, 2010.
   53  The retirement benefits to be provided for or on behalf of
   54  participants in such optional retirement program shall be
   55  provided through employee-directed investments, in accordance
   56  with s. 401(a) of the Internal Revenue Code and its related
   57  regulations. The employer employers shall make contributions
   58  contribute, as provided in this section and, ss. 121.571, and
   59  121.71, to the Public Employee Optional Retirement Investment
   60  Program Trust Fund toward the funding of such optional benefits.
   61         (2) DEFINITIONS.—As used in this part, the term:
   62         (a) “Approved provider” or “provider” means a private
   63  sector company that is selected and approved by the state board
   64  to offer one or more investment products or services to the
   65  investment Public Employee Optional Retirement program. The term
   66  includes a bundled provider that offers participants a range of
   67  individually allocated or unallocated investment products and
   68  may offer a range of administrative and customer services, which
   69  may include accounting and administration of individual
   70  participant benefits and contributions; individual participant
   71  recordkeeping; asset purchase, control, and safekeeping; direct
   72  execution of the participant's instructions as to asset and
   73  contribution allocation; calculation of daily net asset values;
   74  direct access to participant account information; periodic
   75  reporting to participants, at least quarterly, on account
   76  balances and transactions; guidance, advice, and allocation
   77  services directly relating to the provider's its own investment
   78  options or products, but only if the bundled provider complies
   79  with the standard of care of s. 404(a)(1)(A-B) of the Employee
   80  Retirement Income Security Act of 1974 (ERISA), and if providing
   81  such guidance, advice, or allocation services does not
   82  constitute a prohibited transaction under s. 4975(c)(1) of the
   83  Internal Revenue Code or s. 406 of ERISA, notwithstanding that
   84  such prohibited transaction provisions do not apply to the
   85  optional retirement program; a broad array of distribution
   86  options; asset allocation; and retirement counseling and
   87  education. Private sector companies include investment
   88  management companies, insurance companies, depositories, and
   89  mutual fund companies.
   90         (b) “Average monthly compensation” means one-twelfth of
   91  average final compensation as defined in s. 121.021(24).
   92         (c) “Covered employment” means employment in a regularly
   93  established position as defined in s. 121.021(52).
   94         (d) Defined benefit program” means the defined benefit
   95  program of the Florida Retirement System as administered under
   96  part I of this chapter “Department” means the Department of
   97  Management Services.
   98         (e)District school board employer” means a district
   99  school board that participates in the Florida Retirement System
  100  for the benefit of certain employees, or a charter school or
  101  charter technical career center that participates in the Florida
  102  Retirement System as provided under s. 121.051(2)(d).
  103         (f)(e) “Division” means the Division of Retirement within
  104  the department of Management Services.
  105         (g)(f) “Eligible employee” means an officer or employee, as
  106  defined in s. 121.021(11), who:
  107         1. Is a member of, or is eligible for membership in, the
  108  Florida Retirement System, including any renewed member of the
  109  Florida Retirement System; or
  110         2. Participates in, or is eligible to participate in, the
  111  Senior Management Service Optional Annuity Program as
  112  established under s. 121.055(6), the State Community College
  113  System Optional Retirement Program as established under s.
  114  121.051(2)(c), or the State University System Optional
  115  Retirement Program established under s. 121.35.
  116  The term does not include any member participating in the
  117  Deferred Retirement Option Program established under s.
  118  121.091(13) or a mandatory participant of the State University
  119  System Optional Retirement Program established under s. 121.35.
  120         (h)(g) “Employer” means an employer, as defined in s.
  121  121.021(10), of an eligible employee.
  122         (i)Investment program means the Public Employee
  123  Retirement Investment Program established under this part.
  124         (j)Local employer means an employer that is not a state
  125  employer or a district school board employer.
  126         (k)(h) “Participant” means an eligible employee who is
  127  enrolled elects to participate in the investment program, Public
  128  Employee Optional Retirement program and enrolls in such
  129  optional program as provided in subsection (4) or a terminated
  130  Deferred Retirement Option Program participant as described in
  131  subsection (22) (21).
  132         (i)Public Employee Optional Retirement Program,
  133  optional program, or optional retirement program means the
  134  alternative defined contribution retirement program established
  135  under this section.
  136         (l)(j) “Retiree” means a former participant of the
  137  investment Florida Retirement System Public Employee Optional
  138  Retirement program who has terminated employment and has taken a
  139  distribution as provided in s. 121.591, except for a mandatory
  140  distribution of a de minimis account authorized by the state
  141  board.
  142         (m)(k) “State board” or board means the State Board of
  143  Administration.
  144         (l)Trustees means Trustees of the State Board of
  145  Administration.
  146         (n)State employer” means an agency, board, branch,
  147  commission, community college, department, institution,
  148  institution of higher education, or water management district
  149  that participates in the Florida Retirement System for the
  150  benefit of certain employees.
  151         (o)(m) “Vested” or “vesting” means the guarantee that a
  152  participant is eligible to receive a retirement benefit upon
  153  completion of the required years of service under the Public
  154  Employee Optional Retirement Program.
  155         (3) ELIGIBILITY; RETIREMENT SERVICE CREDIT; TRANSFER OF
  156  BENEFITS.—
  157         (a)Participation in the Public Employee Optional
  158  Retirement Program is limited to eligible employees.
  159  Participation in the optional retirement program is in lieu of
  160  participation in the defined benefit program of the Florida
  161  Retirement System.
  162         (a)(b) An eligible employee who is employed in a regularly
  163  established position by a state employer on June 1, 2002; by a
  164  district school board employer on September 1, 2002; or by a
  165  local employer on December 1, 2002, and who is a member of the
  166  defined benefit retirement program of the Florida Retirement
  167  System at the time of his or her election to participate in the
  168  investment Public Employee Optional Retirement program shall
  169  retain all retirement service credit earned under the defined
  170  benefit retirement program of the Florida Retirement System as
  171  credited under the system and is shall be entitled to a deferred
  172  benefit upon termination, if eligible under the system. However,
  173  election to participate in the investment Public Employee
  174  Optional Retirement program terminates the active membership of
  175  the employee in the defined benefit program of the Florida
  176  Retirement System, and the service of a participant in the
  177  investment Public Employee Optional Retirement program is shall
  178  not be creditable under the defined benefit retirement program
  179  of the Florida Retirement System for purposes of benefit accrual
  180  but is creditable shall be credited for purposes of vesting.
  181         (b)(c)1. Notwithstanding paragraph (a), an (b), each
  182  eligible employee who elects to participate in the investment
  183  Public Employee Optional Retirement program and establishes one
  184  or more individual participant accounts under the optional
  185  program may elect to transfer to the investment optional program
  186  a sum representing the present value of the employee's
  187  accumulated benefit obligation under the defined benefit
  188  retirement program of the Florida Retirement System. Upon such
  189  transfer, all service credit previously earned under the defined
  190  benefit program is of the Florida Retirement System shall be
  191  nullified for purposes of entitlement to a future benefit under
  192  the defined benefit program of the Florida Retirement System. A
  193  participant may not transfer is precluded from transferring the
  194  accumulated benefit obligation balance from the defined benefit
  195  program after the time upon the expiration of the period for
  196  enrolling afforded to enroll in the investment optional program.
  197         1.2. For purposes of this subsection, the present value of
  198  the member's accumulated benefit obligation is based upon the
  199  member's estimated creditable service and estimated average
  200  final compensation under the defined benefit program, subject to
  201  recomputation under subparagraph 2. 3. For state employees
  202  enrolling under subparagraph (4)(a)1., initial estimates shall
  203  will be based upon creditable service and average final
  204  compensation as of midnight on June 30, 2002; for district
  205  school board employees enrolling under subparagraph (4)(b)1.,
  206  initial estimates shall will be based upon creditable service
  207  and average final compensation as of midnight on September 30,
  208  2002; and for local government employees enrolling under
  209  subparagraph (4)(c)1., initial estimates shall will be based
  210  upon creditable service and average final compensation as of
  211  midnight on December 31, 2002. The dates respectively specified
  212  are above shall be construed as the “estimate date” for these
  213  employees. The actuarial present value of the employee's
  214  accumulated benefit obligation shall be based on the following:
  215         a. The discount rate and other relevant actuarial
  216  assumptions used to value the Florida Retirement System Trust
  217  Fund at the time the amount to be transferred is determined,
  218  consistent with the factors provided in sub-subparagraphs b. and
  219  c.
  220         b. A benefit commencement age, based on the member's
  221  estimated creditable service as of the estimate date. The
  222  benefit commencement age is shall be the younger of the
  223  following, but may shall not be younger than the member's age as
  224  of the estimate date:
  225         (I) Age 62; or
  226         (II) The age the member would attain if the member
  227  completed 30 years of service with an employer, assuming the
  228  member worked continuously from the estimate date, and
  229  disregarding any vesting requirement that would otherwise apply
  230  under the defined benefit program of the Florida Retirement
  231  System.
  232         c. For members of the Special Risk Class, and for members
  233  of the Special Risk Administrative Support Class entitled to
  234  retain the special risk normal retirement date, the benefit
  235  commencement age is shall be the younger of the following, but
  236  may shall not be younger than the member's age as of the
  237  estimate date:
  238         (I) Age 55; or
  239         (II) The age the member would attain if the member
  240  completed 25 years of service with an employer, assuming the
  241  member worked continuously from the estimate date, and
  242  disregarding any vesting requirement that would otherwise apply
  243  under the defined benefit program of the Florida Retirement
  244  System.
  245         d. The calculation must shall disregard vesting
  246  requirements and early retirement reduction factors that would
  247  otherwise apply under the defined benefit retirement program.
  248         2.3. For each participant who elects to transfer moneys
  249  from the defined benefit program to his or her account in the
  250  investment optional program, the division shall recompute the
  251  amount transferred under subparagraph 1. within 2. not later
  252  than 60 days after the actual transfer of funds based upon the
  253  participant's actual creditable service and actual final average
  254  compensation as of the initial date of participation in the
  255  investment optional program. If the recomputed amount differs
  256  from the amount transferred under subparagraph 2. by $10 or
  257  more, the division shall:
  258         a. Transfer, or cause to be transferred, from the Florida
  259  Retirement System Trust Fund to the participant's account in the
  260  optional program the excess, if any, of the recomputed amount
  261  over the previously transferred amount together with interest
  262  from the initial date of transfer to the date of transfer under
  263  this subparagraph, based upon the effective annual interest
  264  equal to the assumed return on the actuarial investment which
  265  was used in the most recent actuarial valuation of the system,
  266  compounded annually.
  267         b. Transfer, or cause to be transferred, from the
  268  participant's account to the Florida Retirement System Trust
  269  Fund the excess, if any, of the previously transferred amount
  270  over the recomputed amount, together with interest from the
  271  initial date of transfer to the date of transfer under this
  272  subparagraph, based upon 6 percent effective annual interest,
  273  compounded annually, pro rata based on the participant's
  274  allocation plan.
  275         3.4. As directed by the participant, the state board shall
  276  transfer or cause to be transferred the appropriate amounts to
  277  the designated accounts within. The board shall establish
  278  transfer procedures by rule, but the actual transfer shall not
  279  be later than 30 days after the effective date of the member's
  280  participation in the investment optional program unless the
  281  major financial markets for securities available for a transfer
  282  are seriously disrupted by an unforeseen event that which also
  283  causes the suspension of trading on any national securities
  284  exchange in the country where the securities are were issued. In
  285  that event, the such 30-day period of time may be extended by a
  286  resolution of the state board trustees. The state board shall
  287  establish transfer procedures by rule. Transfers are not
  288  commissionable or subject to other fees and may be in the form
  289  of securities or cash, as determined by the state board. Such
  290  securities are shall be valued as of the date of receipt in the
  291  participant's account.
  292         4.5. If the state board or the division receives
  293  notification from the United States Internal Revenue Service
  294  that this paragraph or any portion of this paragraph will cause
  295  the retirement system, or a portion thereof, to be disqualified
  296  for tax purposes under the Internal Revenue Code, then the
  297  portion that will cause the disqualification does not apply.
  298  Upon such notice, the state board and the division shall notify
  299  the presiding officers of the Legislature.
  300         (4) OPTIONAL PARTICIPATION; ENROLLMENT.—
  301         (a)1. With respect to an eligible employee who is employed
  302  in a regularly established position by a state employer after on
  303  June 1, 2002; by a district school board employer after
  304  September 1, 2002; or by a local employer after December 1,
  305  2002, but before January 1, 2010, the, by a state employer:
  306         a.Any such employee may elect to participate in the Public
  307  Employee Optional Retirement Program in lieu of retaining his or
  308  her membership in the defined benefit program of the Florida
  309  Retirement System. The election must be made in writing or by
  310  electronic means and must be filed with the third-party
  311  administrator by August 31, 2002, or, in the case of an active
  312  employee who is on a leave of absence on April 1, 2002, by the
  313  last business day of the 5th month following the month the leave
  314  of absence concludes. This election is irrevocable, except as
  315  provided in paragraph (e). Upon making such election, the
  316  employee shall be enrolled as a participant of the Public
  317  Employee Optional Retirement Program, the employee's membership
  318  in the Florida Retirement System shall be governed by the
  319  provisions of this part, and the employee's membership in the
  320  defined benefit program of the Florida Retirement System shall
  321  terminate. The employee's enrollment in the Public Employee
  322  Optional Retirement Program shall be effective the first day of
  323  the month for which a full month's employer contribution is made
  324  to the optional program.
  325         b.Any such employee who fails to elect to participate in
  326  the Public Employee Optional Retirement Program within the
  327  prescribed time period is deemed to have elected to retain
  328  membership in the defined benefit program of the Florida
  329  Retirement System, and the employee's option to elect to
  330  participate in the optional program is forfeited.
  331         2.With respect to employees who become eligible to
  332  participate in the Public Employee Optional Retirement Program
  333  by reason of employment in a regularly established position with
  334  a state employer commencing after April 1, 2002:
  335         a.Any such employee shall, by default, be enrolled in the
  336  defined benefit retirement program of the Florida Retirement
  337  System at the commencement of employment, and may, by the last
  338  business day of the 5th month following the employee's month of
  339  hire, elect to participate in the investment Public Employee
  340  Optional Retirement program. The employee's election must be
  341  made in writing or by electronic means and must be filed with
  342  the third-party administrator. The election to participate in
  343  the investment optional program is irrevocable, except as
  344  provided in paragraph (c) (e).
  345         1.b. If the employee files such election within the
  346  prescribed time period, enrollment in the investment optional
  347  program is shall be effective on the first day of employment.
  348  The employer retirement contributions paid through the month of
  349  the employee plan change shall be transferred to the investment
  350  optional program, and, effective the first day of the next
  351  month, the employer must shall pay the applicable contributions
  352  based on the employee membership class in the optional program.
  353         2.c.An Any such employee who fails to elect to participate
  354  in the investment Public Employee Optional Retirement program
  355  within the prescribed time period is deemed to have elected to
  356  retain membership in the defined benefit program of the Florida
  357  Retirement System, and the employee's option to elect to
  358  participate in the investment optional program is forfeited.
  359         3. With respect to employees who become eligible to
  360  participate in the Public Employee Optional Retirement
  361  Investment Program pursuant to s. 121.051(2)(c)3. or s.
  362  121.35(3)(i), the any such employee may elect to participate in
  363  the investment Public Employee Optional Retirement program in
  364  lieu of retaining his or her participation in the State
  365  Community College System Optional Retirement Program or the
  366  State University System Optional Retirement Program. The
  367  election must be made in writing or by electronic means and must
  368  be filed with the third-party administrator. This election is
  369  irrevocable, except as provided in paragraph (c) (e). Upon
  370  making such election, the employee shall be enrolled as a
  371  participant in of the investment Public Employee Optional
  372  Retirement program, the employee's membership in the Florida
  373  Retirement System shall be governed by the provisions of this
  374  part, and the employee's participation in the State Community
  375  College System Optional Retirement Program or the State
  376  University System Optional Retirement Program shall terminate.
  377  The employee's enrollment in the investment Public Employee
  378  Optional Retirement program is shall be effective on the first
  379  day of the month for which a full month's employer contribution
  380  is made to the investment optional program.
  381         4.For purposes of this paragraph, “state employer” means
  382  any agency, board, branch, commission, community college,
  383  department, institution, institution of higher education, or
  384  water management district of the state, which participates in
  385  the Florida Retirement System for the benefit of certain
  386  employees.
  387         (b)1.With respect to an eligible employee who is employed
  388  in a regularly established position on September 1, 2002, by a
  389  district school board employer:
  390         a.Any such employee may elect to participate in the Public
  391  Employee Optional Retirement Program in lieu of retaining his or
  392  her membership in the defined benefit program of the Florida
  393  Retirement System. The election must be made in writing or by
  394  electronic means and must be filed with the third-party
  395  administrator by November 30, or, in the case of an active
  396  employee who is on a leave of absence on July 1, 2002, by the
  397  last business day of the 5th month following the month the leave
  398  of absence concludes. This election is irrevocable, except as
  399  provided in paragraph (e). Upon making such election, the
  400  employee shall be enrolled as a participant of the Public
  401  Employee Optional Retirement Program, the employee's membership
  402  in the Florida Retirement System shall be governed by the
  403  provisions of this part, and the employee's membership in the
  404  defined benefit program of the Florida Retirement System shall
  405  terminate. The employee's enrollment in the Public Employee
  406  Optional Retirement Program shall be effective the first day of
  407  the month for which a full month's employer contribution is made
  408  to the optional program.
  409         b.Any such employee who fails to elect to participate in
  410  the Public Employee Optional Retirement Program within the
  411  prescribed time period is deemed to have elected to retain
  412  membership in the defined benefit program of the Florida
  413  Retirement System, and the employee's option to elect to
  414  participate in the optional program is forfeited.
  415         2.With respect to employees who become eligible to
  416  participate in the Public Employee Optional Retirement Program
  417  by reason of employment in a regularly established position with
  418  a district school board employer commencing after July 1, 2002:
  419         a.Any such employee shall, by default, be enrolled in the
  420  defined benefit retirement program of the Florida Retirement
  421  System at the commencement of employment, and may, by the last
  422  business day of the 5th month following the employee's month of
  423  hire, elect to participate in the Public Employee Optional
  424  Retirement Program. The employee's election must be made in
  425  writing or by electronic means and must be filed with the third
  426  party administrator. The election to participate in the optional
  427  program is irrevocable, except as provided in paragraph (e).
  428         b.If the employee files such election within the
  429  prescribed time period, enrollment in the optional program shall
  430  be effective on the first day of employment. The employer
  431  retirement contributions paid through the month of the employee
  432  plan change shall be transferred to the optional program, and,
  433  effective the first day of the next month, the employer shall
  434  pay the applicable contributions based on the employee
  435  membership class in the optional program.
  436         c.Any such employee who fails to elect to participate in
  437  the Public Employee Optional Retirement Program within the
  438  prescribed time period is deemed to have elected to retain
  439  membership in the defined benefit program of the Florida
  440  Retirement System, and the employee's option to elect to
  441  participate in the optional program is forfeited.
  442         3.For purposes of this paragraph, “district school board
  443  employer means any district school board that participates in
  444  the Florida Retirement System for the benefit of certain
  445  employees, or a charter school or charter technical career
  446  center that participates in the Florida Retirement System as
  447  provided in s. 121.051(2)(d).
  448         (c)1.With respect to an eligible employee who is employed
  449  in a regularly established position on December 1, 2002, by a
  450  local employer:
  451         a.Any such employee may elect to participate in the Public
  452  Employee Optional Retirement Program in lieu of retaining his or
  453  her membership in the defined benefit program of the Florida
  454  Retirement System. The election must be made in writing or by
  455  electronic means and must be filed with the third-party
  456  administrator by February 28, 2003, or, in the case of an active
  457  employee who is on a leave of absence on October 1, 2002, by the
  458  last business day of the 5th month following the month the leave
  459  of absence concludes. This election is irrevocable, except as
  460  provided in paragraph (e). Upon making such election, the
  461  employee shall be enrolled as a participant of the Public
  462  Employee Optional Retirement Program, the employee's membership
  463  in the Florida Retirement System shall be governed by the
  464  provisions of this part, and the employee's membership in the
  465  defined benefit program of the Florida Retirement System shall
  466  terminate. The employee's enrollment in the Public Employee
  467  Optional Retirement Program shall be effective the first day of
  468  the month for which a full month's employer contribution is made
  469  to the optional program.
  470         b.Any such employee who fails to elect to participate in
  471  the Public Employee Optional Retirement Program within the
  472  prescribed time period is deemed to have elected to retain
  473  membership in the defined benefit program of the Florida
  474  Retirement System, and the employee's option to elect to
  475  participate in the optional program is forfeited.
  476         2.With respect to employees who become eligible to
  477  participate in the Public Employee Optional Retirement Program
  478  by reason of employment in a regularly established position with
  479  a local employer commencing after October 1, 2002:
  480         a.Any such employee shall, by default, be enrolled in the
  481  defined benefit retirement program of the Florida Retirement
  482  System at the commencement of employment, and may, by the last
  483  business day of the 5th month following the employee's month of
  484  hire, elect to participate in the Public Employee Optional
  485  Retirement Program. The employee's election must be made in
  486  writing or by electronic means and must be filed with the third
  487  party administrator. The election to participate in the optional
  488  program is irrevocable, except as provided in paragraph (e).
  489         b.If the employee files such election within the
  490  prescribed time period, enrollment in the optional program shall
  491  be effective on the first day of employment. The employer
  492  retirement contributions paid through the month of the employee
  493  plan change shall be transferred to the optional program, and,
  494  effective the first day of the next month, the employer shall
  495  pay the applicable contributions based on the employee
  496  membership class in the optional program.
  497         c.Any such employee who fails to elect to participate in
  498  the Public Employee Optional Retirement Program within the
  499  prescribed time period is deemed to have elected to retain
  500  membership in the defined benefit program of the Florida
  501  Retirement System, and the employee's option to elect to
  502  participate in the optional program is forfeited.
  503         3.For purposes of this paragraph, “local employer means
  504  any employer not included in paragraph (a) or paragraph (b).
  505         (b)(d) Contributions available for self-direction by a
  506  participant who has not selected one or more specific investment
  507  products shall be allocated as prescribed by the state board.
  508  The third-party administrator shall notify the any such
  509  participant at least quarterly that the participant should take
  510  an affirmative action to make an asset allocation among the
  511  optional program products.
  512         (c)(e) After the period during which an eligible employee
  513  had the choice to elect the defined benefit program or the
  514  investment Public Employee Optional Retirement program, or the
  515  month following the receipt of the eligible employee's plan
  516  election, if sooner, the employee shall have one opportunity, at
  517  the employee's discretion, to choose to move from the defined
  518  benefit program to the investment Public Employee Optional
  519  Retirement program or from the investment Public Employee
  520  Optional Retirement program to the defined benefit program.
  521  Eligible employees may elect to move between Florida Retirement
  522  System programs only if they are earning service credit in an
  523  employer-employee relationship consistent with the requirements
  524  under s. 121.021(17)(b), excluding leaves of absence without
  525  pay. Effective July 1, 2005, such elections are shall be
  526  effective on the first day of the month following the receipt of
  527  the election by the third-party administrator and are not
  528  subject to the requirements regarding an employer-employee
  529  relationship or receipt of contributions for the eligible
  530  employee in the effective month, except that the employee must
  531  meet the conditions of the previous sentence when the election
  532  is received by the third-party administrator. This paragraph is
  533  shall be contingent upon approval by from the Internal Revenue
  534  Service for including the choice described herein within the
  535  programs offered by the Florida Retirement System.
  536         1. If the employee chooses to move to the investment Public
  537  Employee Optional Retirement program, the applicable provisions
  538  of subsection (3) this section shall govern the transfer.
  539         2. If the employee chooses to move to the defined benefit
  540  program, the employee must transfer from his or her investment
  541  Public Employee Optional Retirement program account, and from
  542  other employee moneys as necessary, a sum representing the
  543  present value of that employee's accumulated benefit obligation
  544  immediately following the time of such movement, determined
  545  assuming that attained service equals the sum of service in the
  546  defined benefit program and service in the investment Public
  547  Employee Optional Retirement program. Benefit commencement
  548  occurs on the first date the employee is would become eligible
  549  for unreduced benefits, using the discount rate and other
  550  relevant actuarial assumptions that were used to value the
  551  Florida Retirement System defined benefit program plan
  552  liabilities in the most recent actuarial valuation. For any
  553  employee who, at the time of the second election, already
  554  maintains an accrued benefit amount in the defined benefit
  555  program plan, the then-present value of the such accrued benefit
  556  shall be deemed part of the required transfer amount described
  557  in this subparagraph. The division shall ensure that the
  558  transfer sum is prepared using a formula and methodology
  559  certified by an enrolled actuary.
  560         3. Notwithstanding subparagraph 2., an employee who chooses
  561  to move to the defined benefit program and who became eligible
  562  to participate in the Public Employee Optional Retirement
  563  Program by reason of employment in a regularly established
  564  position with a state employer after June 1, 2002; a district
  565  school board employer after September 1, 2002; or a local
  566  employer after December 1, 2002, must transfer from his or her
  567  investment Public Employee Optional Retirement program account,
  568  and, from other employee moneys as necessary, a sum representing
  569  that employee's actuarial accrued liability.
  570         4. An employee's Employees' ability to transfer from the
  571  Florida Retirement System defined benefit program to the
  572  investment Public Employee Optional Retirement program pursuant
  573  to paragraphs (a) and (b) (a)-(d), and the ability of a for
  574  current employee employees to have an option to later transfer
  575  back into the defined benefit program under subparagraph 2.,
  576  shall be deemed a significant system amendment. Pursuant to s.
  577  121.031(4), any such resulting unfunded liability arising from
  578  actual original transfers from the defined benefit program to
  579  the investment optional program must shall be amortized within
  580  30 plan years as a separate unfunded actuarial base independent
  581  of the reserve stabilization mechanism defined in s.
  582  121.031(3)(f). For the first 25 years, a no direct amortization
  583  payment may not shall be calculated for this base. During this
  584  25-year period, the such separate base shall be used to offset
  585  the impact of employees exercising their second program election
  586  under this paragraph. It is the legislative intent of the
  587  Legislature that the actuarial funded status of the Florida
  588  Retirement System defined benefit program not be affected plan
  589  is neither beneficially nor adversely impacted by such second
  590  program elections in any significant manner, after due
  591  recognition of the separate unfunded actuarial base. Following
  592  this initial 25-year period, any remaining balance of the
  593  original separate base shall be amortized over the remaining 5
  594  years of the required 30-year amortization period.
  595         (6)(5) CONTRIBUTIONS.—
  596         (a) Each employer shall contribute on behalf of each
  597  participant in the investment Public Employee Optional
  598  Retirement program, as provided in part III of this chapter. The
  599  state board, acting as plan fiduciary, shall ensure that all
  600  plan assets are held in a trust, pursuant to s. 401 of the
  601  Internal Revenue Code. The fiduciary shall ensure that said
  602  contributions are allocated as follows:
  603         1. The portion earmarked for participant accounts shall be
  604  used to purchase interests in the appropriate investment
  605  vehicles for the accounts of each participant as specified by
  606  the participant, or in accordance with paragraph (4)(b) (4)(d).
  607         2. The portion earmarked for administrative and educational
  608  expenses shall be transferred to the state board.
  609         3. The portion earmarked for disability benefits shall be
  610  transferred to the department.
  611         (b) Employers are responsible for notifying participants
  612  regarding maximum contribution levels allowed permitted under
  613  the Internal Revenue Code. If a participant contributes to any
  614  other tax-deferred plan, the participant he or she is
  615  responsible for ensuring that total contributions made to the
  616  investment optional program and to any other such plan do not
  617  exceed federally permitted maximums.
  618         (c) The investment Public Employee Optional Retirement
  619  program may accept for deposit into participant accounts
  620  contributions in the form of rollovers or direct trustee-to
  621  trustee transfers by or on behalf of participants, reasonably
  622  determined by the state board to be eligible for rollover or
  623  transfer to the investment optional retirement program pursuant
  624  to the Internal Revenue Code, if such contributions are made in
  625  accordance with rules as may be adopted by the board. Such
  626  contributions must shall be accounted for in accordance with any
  627  applicable Internal Revenue Code requirements and rules of the
  628  state board.
  629         (7)(6) VESTING REQUIREMENTS.—
  630         (a)1. With respect to employer contributions paid on behalf
  631  of the participant to the investment Public Employee Optional
  632  Retirement program, plus interest and earnings thereon and less
  633  investment fees and administrative charges, a participant is
  634  shall be vested after completing 1 work year, as defined in s.
  635  121.021(54), with an employer, including any service while the
  636  participant was a member of the defined benefit retirement
  637  program or an optional retirement program authorized under s.
  638  121.051(2)(c) or s. 121.055(6).
  639         2. If the participant terminates employment before prior to
  640  satisfying the vesting requirements, the nonvested accumulation
  641  must shall be transferred from the participant's accounts to the
  642  state board for deposit and investment by the state board in its
  643  the suspense account in of the Public Employee Optional
  644  Retirement Investment Program Trust Fund of the board. If the
  645  terminated participant is reemployed as an eligible employee
  646  within 5 years, the state board shall transfer to the
  647  participant's account any amount of the moneys previously
  648  transferred from the participant's accounts to the suspense
  649  account, of the Public Employee Optional Retirement Program
  650  Trust Fund, plus the actual earnings on such amount while in the
  651  suspense account.
  652         (b)1. With respect to amounts transferred from the defined
  653  benefit program to the investment program, plus interest and
  654  earnings, and less investment fees and administrative charges, a
  655  participant shall be vested in the amount transferred from the
  656  defined benefit program, plus interest and earnings thereon and
  657  less administrative charges and investment fees, upon meeting
  658  the service requirements for the participant's membership class
  659  as set forth in s. 121.021(29). The third-party administrator
  660  shall account for such amounts for each participant. The
  661  division shall notify the participant and the third-party
  662  administrator when the participant has satisfied the vesting
  663  period for Florida Retirement System purposes.
  664         2. If the participant terminates employment before prior to
  665  satisfying the vesting requirements, the nonvested accumulation
  666  must shall be transferred from the participant's accounts to the
  667  state board for deposit and investment by the board in the
  668  suspense account in of the Public Employee Optional Retirement
  669  Investment Program Trust Fund of the board. If the terminated
  670  participant is reemployed as an eligible employee within 5
  671  years, the state board shall transfer to the participant's
  672  account any amount of the moneys previously transferred from the
  673  participant's accounts to the suspense account of the Public
  674  Employee Optional Retirement Program Trust Fund, plus the actual
  675  earnings on such amount while in the suspense account.
  676         (c) Any nonvested accumulations transferred from a
  677  participant's account to the state board's suspense account
  678  shall be forfeited by the participant if the participant is not
  679  reemployed as an eligible employee within 5 years after
  680  termination.
  681         (8)(7)BENEFITS.—Under the Public Employee Optional
  682  Retirement Investment Program, benefits shall:
  683         (a) Benefits shall Be provided in accordance with s. 401(a)
  684  of the Internal Revenue Code.
  685         (b) Benefits shall Accrue in individual accounts that are
  686  participant-directed, portable, and funded by employer
  687  contributions and earnings thereon.
  688         (c) Benefits shall Be payable in accordance with the
  689  provisions of s. 121.591.
  690         (9)(8)PROGRAM ADMINISTRATION OF PROGRAM.—
  691         (a) The Public Employee Optional Retirement Investment
  692  Program shall be administered by the state board and affected
  693  employers. The state board is authorized to require oaths, by
  694  affidavit or otherwise, and acknowledgments from persons in
  695  connection with the administration of its duties and
  696  responsibilities under the program this chapter. An No oath, by
  697  affidavit or otherwise, may not shall be required of an employee
  698  participant at the time of enrollment election. Acknowledgment
  699  of an employee's election to participate in the program shall be
  700  no greater than necessary to confirm the employee's election.
  701  The state board shall adopt rules establishing the roles role
  702  and responsibilities of affected state, local government, and
  703  education-related employers, the state board, the department,
  704  and third-party contractors in administering the investment
  705  Public Employee Optional Retirement program. The department
  706  shall adopt rules necessary to administer implement the
  707  investment optional program in coordination with the defined
  708  benefit retirement program and the disability benefits available
  709  under the investment optional program.
  710         (a)1.(b)1. The state board shall select and contract with a
  711  one third-party administrator to provide administrative services
  712  if those services cannot be competitively and contractually
  713  provided by the division of Retirement within the Department of
  714  Management Services. With the approval of the state board, the
  715  third-party administrator may subcontract with other
  716  organizations or individuals to provide components of the
  717  administrative services. As a cost of administration, the state
  718  board may compensate any such contractor for its services, in
  719  accordance with the terms of the contract, as is deemed
  720  necessary or proper by the board. The third-party administrator
  721  may not be an approved provider or be affiliated with an
  722  approved provider.
  723         2. These administrative services may include, but are not
  724  limited to, enrollment of eligible employees, collection of
  725  employer contributions, disbursement of such contributions to
  726  approved providers in accordance with the allocation directions
  727  of participants; services relating to consolidated billing;
  728  individual and collective recordkeeping and accounting; asset
  729  purchase, control, and safekeeping; and direct disbursement of
  730  funds to and from the third-party administrator, the division,
  731  the state board, employers, participants, approved providers,
  732  and beneficiaries. This section does not prevent or prohibit a
  733  bundled provider from providing any administrative or customer
  734  service, including accounting and administration of individual
  735  participant benefits and contributions; individual participant
  736  recordkeeping; asset purchase, control, and safekeeping; direct
  737  execution of the participant's instructions as to asset and
  738  contribution allocation; calculation of daily net asset values;
  739  direct access to participant account information; or periodic
  740  reporting to participants, at least quarterly, on account
  741  balances and transactions, if these services are authorized by
  742  the state board as part of the contract.
  743         (b)1.3. The state board shall select and contract with one
  744  or more organizations to provide educational services. With
  745  approval of the state board, the organizations may subcontract
  746  with other organizations or individuals to provide components of
  747  the educational services. As a cost of administration, the state
  748  board may compensate any such contractor for its services in
  749  accordance with the terms of the contract, as is deemed
  750  necessary or proper by the board. The education organization may
  751  not be an approved provider or be affiliated with an approved
  752  provider.
  753         2.4. Educational services shall be designed by the state
  754  board and department to assist employers, eligible employees,
  755  participants, and beneficiaries in order to maintain compliance
  756  with United States Department of Labor regulations under s.
  757  404(c) of the Employee Retirement Income Security Act of 1974
  758  and to assist employees in understanding their choice of defined
  759  benefit or defined contribution retirement program alternatives.
  760  Educational services include, but are not limited to,
  761  disseminating educational materials; providing retirement
  762  planning education; explaining the differences between the
  763  defined benefit retirement plan and the defined contribution
  764  retirement programs plan; and offering financial planning
  765  guidance on matters such as investment diversification,
  766  investment risks, investment costs, and asset allocation. An
  767  approved provider may also provide educational information,
  768  including retirement planning and investment allocation
  769  information concerning its products and services.
  770         (c)1. In evaluating and selecting a third-party
  771  administrator, the state board shall establish criteria for
  772  evaluating under which it shall consider the relative
  773  capabilities and qualifications of each proposed administrator.
  774  In developing such criteria, the state board shall consider:
  775         a. The administrator's demonstrated experience in providing
  776  administrative services to public or private sector retirement
  777  systems.
  778         b. The administrator's demonstrated experience in providing
  779  daily valued recordkeeping to defined contribution programs
  780  plans.
  781         c. The administrator's ability and willingness to
  782  coordinate its activities with the Florida Retirement System
  783  employers, the state board, and the division, and to supply to
  784  such employers, the board, and the division the information and
  785  data they require, including, but not limited to, monthly
  786  management reports, quarterly participant reports, and ad hoc
  787  reports requested by the department or state board.
  788         d. The cost-effectiveness and levels of the administrative
  789  services provided.
  790         e. The administrator's ability to interact with the
  791  participants, the employers, the state board, the division, and
  792  the providers; the means by which participants may access
  793  account information, direct investment of contributions, make
  794  changes to their accounts, transfer moneys between available
  795  investment vehicles, and transfer moneys between investment
  796  products; and any fees that apply to such activities.
  797         f. Any other factor deemed necessary by the Trustees of the
  798  state board of Administration.
  799         2. In evaluating and selecting an educational provider, the
  800  state board shall establish criteria under which it shall
  801  consider the relative capabilities and qualifications of each
  802  proposed educational provider. In developing such criteria, the
  803  board shall consider:
  804         a. Demonstrated experience in providing educational
  805  services to public or private sector retirement systems.
  806         b. Ability and willingness to coordinate its activities
  807  with the Florida Retirement System employers, the state board,
  808  and the division, and to supply to such employers, the board,
  809  and the division the information and data they require,
  810  including, but not limited to, reports on educational contacts.
  811         c. The cost-effectiveness and levels of the educational
  812  services provided.
  813         d. Ability to provide educational services via different
  814  media, including, but not limited to, the Internet, personal
  815  contact, seminars, brochures, and newsletters.
  816         e. Any other factor deemed necessary by the Trustees of the
  817  state board of Administration.
  818         3. The establishment of the criteria shall be solely within
  819  the discretion of the state board.
  820         (d) The state board shall develop the form and content of
  821  any contracts to be offered under the investment Public Employee
  822  Optional Retirement program. In developing the its contracts,
  823  the board shall must consider:
  824         1. The nature and extent of the rights and benefits to be
  825  afforded in relation to the required contributions required
  826  under the program.
  827         2. The suitability of the rights and benefits provided to
  828  be afforded and the interests of employers in the recruitment
  829  and retention of eligible employees.
  830         (e)1. The state board may contract with any consultant for
  831  professional services, including legal, consulting, accounting,
  832  and actuarial services, deemed necessary to implement and
  833  administer the investment optional program by the Trustees of
  834  the state board of Administration. The board may enter into a
  835  contract with one or more vendors to provide low-cost investment
  836  advice to participants, supplemental to education provided by
  837  the third-party administrator. All fees under any such contract
  838  shall be paid by those participants who choose to use the
  839  services of the vendor.
  840         2. The department may contract with consultants for
  841  professional services, including legal, consulting, accounting,
  842  and actuarial services, deemed necessary to implement and
  843  administer the investment optional program in coordination with
  844  the defined benefit program of the Florida Retirement System.
  845  The department, in coordination with the state board, may enter
  846  into a contract with the third-party administrator in order to
  847  coordinate services common to the various programs within the
  848  Florida Retirement System.
  849         (f) The third-party administrator may shall not receive
  850  direct or indirect compensation from an approved provider,
  851  except as specifically provided for in the contract with the
  852  state board.
  853         (g) The state board shall resolve any conflict between the
  854  third-party administrator and an approved provider if when such
  855  conflict threatens the implementation or administration of the
  856  program or the quality of services to employees and may resolve
  857  any other conflicts.
  858         (10)(9) INVESTMENT OPTIONS OR PRODUCTS; PERFORMANCE
  859  REVIEW.—
  860         (a) The state board shall develop policy and procedures for
  861  selecting, evaluating, and monitoring the performance of
  862  approved providers and investment products to which employees
  863  may direct retirement contributions under the investment
  864  program. In accordance with such policy and procedures, the
  865  state board shall designate and contract for a number of
  866  investment products as determined by the board. The board shall
  867  also select one or more bundled providers, each of which whom
  868  may offer multiple investment options and related services, if
  869  when such an approach is determined by the board to provide
  870  afford value to the participants otherwise not available through
  871  individual investment products. Each approved bundled provider
  872  may offer investment options that provide participants with the
  873  opportunity to invest in each of the following asset classes, to
  874  be composed of individual options that represent either a single
  875  asset class or a combination thereof: money markets, United
  876  States fixed income, United States equities, and foreign stock.
  877  The state board shall review and manage all educational
  878  materials, contract terms, fee schedules, and other aspects of
  879  the approved provider relationships to ensure that no provider
  880  is unduly favored or penalized by virtue of its status within
  881  the investment program plan.
  882         (b) The state board shall consider investment options or
  883  products it considers appropriate to give participants the
  884  opportunity to accumulate retirement benefits, subject to the
  885  following:
  886         1. The investment Public Employee Optional Retirement
  887  program must offer a diversified mix of low-cost investment
  888  products that span the risk-return spectrum and may include a
  889  guaranteed account as well as investment products, such as
  890  individually allocated guaranteed and variable annuities, which
  891  meet the requirements of this subsection and combine the ability
  892  to accumulate investment returns with the option of receiving
  893  lifetime income consistent with the long-term retirement
  894  security of a pension plan and similar to the lifetime-income
  895  benefit provided by the Florida Retirement System.
  896         2. Investment options or products offered by the group of
  897  approved providers may include mutual funds, group annuity
  898  contracts, individual retirement annuities, interests in trusts,
  899  collective trusts, separate accounts, and other such financial
  900  instruments, and may include products that give participants the
  901  option of committing their contributions for an extended time
  902  period in an effort to obtain returns higher than those that
  903  could be obtained from investment products offering full
  904  liquidity.
  905         3. The state board may shall not contract with a any
  906  provider that imposes a front-end, back-end, contingent, or
  907  deferred sales charge, or any other fee that limits or restricts
  908  the ability of participants to select any investment product
  909  available in the investment optional program. This prohibition
  910  does not apply to fees or charges that are imposed on
  911  withdrawals from products that give participants the option of
  912  committing their contributions for an extended time period in an
  913  effort to obtain returns higher than those that could be
  914  obtained from investment products offering full liquidity,
  915  provided that the product in question, net of all fees and
  916  charges, produces material benefits relative to other comparable
  917  products in the program offering full liquidity.
  918         4. Fees or charges for insurance features, such as
  919  mortality and expense-risk charges, must be reasonable relative
  920  to the benefits provided.
  921         (c) In evaluating and selecting approved providers and
  922  products, the state board shall establish criteria for
  923  evaluating under which it shall consider the relative
  924  capabilities and qualifications of each proposed provider
  925  company and product. In developing such criteria, the board
  926  shall consider the following to the extent such factors may be
  927  applied in connection with investment products, services, or
  928  providers:
  929         1. Experience in the United States providing retirement
  930  products and related financial services under a defined
  931  contribution retirement program plans.
  932         2. Financial strength and stability as which shall be
  933  evidenced by the highest ratings assigned by nationally
  934  recognized rating services when comparing proposed providers
  935  that are so rated.
  936         3. Intrastate and interstate portability of the product
  937  offered, including early withdrawal options.
  938         4. Compliance with the Internal Revenue Code.
  939         5. The cost-effectiveness of the product provided and the
  940  levels of service supporting the product relative to its
  941  benefits and its characteristics, including, without limitation,
  942  the level of risk borne by the provider.
  943         6. The provider company's ability and willingness to
  944  coordinate its activities with Florida Retirement System
  945  employers, the department, and the state board, and to supply to
  946  the such employers, the department, and the board with the
  947  information and data they require.
  948         7. The methods available to participants to interact with
  949  the provider company; the means by which participants may access
  950  account information, direct investment of contributions, make
  951  changes to their accounts, transfer moneys between available
  952  investment vehicles, and transfer moneys between provider
  953  companies; and any fees that apply to such activities.
  954         8. The provider company's policies with respect to the
  955  transfer of individual account balances, contributions, and
  956  earnings thereon, both internally among investment products
  957  offered by the provider company and externally between approved
  958  providers, as well as any fees, charges, reductions, or
  959  penalties that may be applied.
  960         9. An evaluation of specific investment products, taking
  961  into account each product's experience in meeting its investment
  962  return objectives net of all related fees, expenses, and
  963  charges, including, but not limited to, investment management
  964  fees, loads, distribution and marketing fees, custody fees,
  965  recordkeeping fees, education fees, annuity expenses, and
  966  consulting fees.
  967         10. Organizational factors, including, but not limited to,
  968  financial solvency, organizational depth, and experience in
  969  providing institutional and retail investment services.
  970         (d) As a condition of offering an any investment option or
  971  product in the investment optional retirement program, the
  972  approved provider must agree to make the investment product or
  973  service available under the most beneficial terms offered to any
  974  other customer, subject to approval by the Trustees of the state
  975  board of Administration.
  976         (e) The state board shall regularly review the performance
  977  of each approved provider and product and related organizational
  978  factors to ensure continued compliance with established
  979  selection criteria and with board policy and procedures.
  980  Providers and products may be terminated subject to contract
  981  provisions. The state board shall adopt procedures to transfer
  982  account balances from terminated products or providers to other
  983  products or providers in the investment optional program.
  984         (f)1. An approved provider shall comply with all applicable
  985  federal and state securities and insurance laws and regulations
  986  applicable to the provider, as well as with the applicable rules
  987  and guidelines of the National Association of Securities Dealers
  988  which govern the ethical marketing of investment products. In
  989  furtherance of this mandate, an approved provider must agree in
  990  its contract with the state board to establish and maintain a
  991  compliance education and monitoring system to supervise the
  992  activities of all personnel who directly communicate with
  993  individual participants and recommend investment products, which
  994  system is consistent with rules of the National Association of
  995  Securities Dealers.
  996         2. Approved provider personnel who directly communicate
  997  with individual participants and who recommend investment
  998  products shall make an independent and unbiased determination as
  999  to whether an investment product is suitable for a particular
 1000  participant.
 1001         3. The state board shall develop procedures to receive and
 1002  resolve participant complaints against a provider or approved
 1003  provider personnel, and, if when appropriate, refer such
 1004  complaints to the appropriate agency.
 1005         4. Approved providers may not sell or in any way distribute
 1006  any customer list or participant identification information
 1007  generated through their offering of products or services through
 1008  the investment optional retirement program.
 1009         (11)(10) EDUCATION COMPONENT.—
 1010         (a) The state board, in coordination with the department,
 1011  shall provide for an education component for eligible employees
 1012  system members in a manner consistent with the provisions of
 1013  this section. The education component must be available to
 1014  eligible employees at least 90 days prior to the beginning date
 1015  of the election period for the employees of the respective types
 1016  of employers.
 1017         (b)The education component must provide system members
 1018  with impartial and balanced information about plan choices. The
 1019  education component must involve multimedia formats. Program
 1020  comparisons must, to the greatest extent possible, be based upon
 1021  the retirement income that different retirement programs may
 1022  provide to the participant. The board shall monitor the
 1023  performance of the contract to ensure that the program is
 1024  conducted in accordance with the contract, applicable law, and
 1025  the rules of the board.
 1026         (c)The board, in coordination with the department, shall
 1027  provide for an initial and ongoing transfer education component
 1028  to provide system members with information necessary to make
 1029  informed plan choice decisions. The transfer education component
 1030  must include, but is not limited to, information on:
 1031         1.The amount of money available to a member to transfer to
 1032  the defined contribution program.
 1033         2.The features of and differences between the defined
 1034  benefit program and the defined contribution program, both
 1035  generally and specifically, as those differences may affect the
 1036  member.
 1037         3.The expected benefit available if the member were to
 1038  retire under each of the retirement programs, based on
 1039  appropriate alternative sets of assumptions.
 1040         4.The rate of return from investments in the defined
 1041  contribution program and the period of time over which such rate
 1042  of return must be achieved to equal or exceed the expected
 1043  monthly benefit payable to the member under the defined benefit
 1044  program.
 1045         5.The historical rates of return for the investment
 1046  alternatives available in the defined contribution programs.
 1047         6.The benefits and historical rates of return on
 1048  investments available in a typical deferred compensation plan or
 1049  a typical plan under s. 403(b) of the Internal Revenue Code for
 1050  which the employee may be eligible.
 1051         7.The program choices available to employees of the State
 1052  University System and the comparative benefits of each available
 1053  program, if applicable.
 1054         8.Payout options available in each of the retirement
 1055  programs.
 1056         (a)(d) An ongoing education and communication component
 1057  must provide eligible employees system members with information
 1058  necessary to make informed decisions about choices within their
 1059  retirement program of membership and in preparation for
 1060  retirement. The component must include, but is not limited to,
 1061  information concerning:
 1062         1. Rights and conditions of membership.
 1063         2. Benefit features within the program, options, and
 1064  effects of certain decisions.
 1065         3. Coordination of contributions and benefits with a
 1066  deferred compensation plan under s. 457 or a plan under s.
 1067  403(b) of the Internal Revenue Code.
 1068         4. Significant program changes.
 1069         5. Contribution rates and program funding status.
 1070         6. Planning for retirement.
 1071         (b)(e) Descriptive materials must be prepared under the
 1072  assumption that the employee is an unsophisticated investor, and
 1073  all materials used in the education component must be approved
 1074  by the state board before prior to dissemination.
 1075         (c)(f) The state board and the department shall also
 1076  establish a communication component to provide program
 1077  information to participating employers and the employers'
 1078  personnel and payroll officers and to explain their respective
 1079  responsibilities in conjunction with the retirement programs.
 1080         (d)(g) Funding for education of new employees may reflect
 1081  administrative costs to the investment optional program and the
 1082  defined benefit program.
 1083         (h)Pursuant to paragraph (8)(a), all Florida Retirement
 1084  System employers have an obligation to regularly communicate the
 1085  existence of the two Florida Retirement System plans and the
 1086  plan choice in the natural course of administering their
 1087  personnel functions, using the educational materials supplied by
 1088  the state board and the Department of Management Services.
 1089         (12)(11) PARTICIPANT INFORMATION REQUIREMENTS.—The state
 1090  board shall ensure that each participant is provided a quarterly
 1091  statement that accounts for the contributions made on behalf of
 1092  the such participant; the interest and investment earnings
 1093  thereon; and any fees, penalties, or other deductions that apply
 1094  thereto. At a minimum, such statements must:
 1095         (a) Indicate the participant's investment options.
 1096         (b) State the market value of the account at the close of
 1097  the current quarter and previous quarter.
 1098         (c) Show account gains and losses for the period and
 1099  changes in account accumulation unit values for the quarter
 1100  period.
 1101         (e) Indicate any account changes due to adjustment of
 1102  contribution levels, reallocation of contributions, balance
 1103  transfers, or withdrawals.
 1104         (f) Set forth any fees, charges, penalties, and deductions
 1105  that apply to the account.
 1106         (g) Indicate the amount of the account in which the
 1107  participant is fully vested and the amount of the account in
 1108  which the participant is not vested.
 1109         (h) Indicate each investment product's performance relative
 1110  to an appropriate market benchmark.
 1111  The third-party administrator shall provide quarterly and annual
 1112  summary reports to the state board and any other reports
 1113  requested by the department or the board. In any solicitation or
 1114  offer of coverage under the defined contribution an optional
 1115  retirement program, a provider company shall be governed by the
 1116  contract readability provisions of s. 627.4145, notwithstanding
 1117  s. 627.4145(6)(c). In addition, all descriptive materials must
 1118  be prepared under the assumption that the participant is an
 1119  unsophisticated investor. Provider companies must maintain an
 1120  internal system of quality assurance, have proven functional
 1121  systems that are date-calculation compliant, and be subject to a
 1122  due-diligence inquiry that proves their capacity and fitness to
 1123  undertake service responsibilities.
 1124         (13)(12) ADVISORY COUNCIL TO PROVIDE ADVICE AND
 1125  ASSISTANCE.—The Investment Advisory Council, created pursuant to
 1126  s. 215.444, shall assist the state board in implementing and
 1127  administering the Public Employee Optional Retirement Investment
 1128  Program. The Investment Advisory council, created pursuant to s.
 1129  215.444, shall review the state board's initial recommendations
 1130  regarding the criteria to be used in selecting and evaluating
 1131  approved providers and investment products. The council may
 1132  provide comments on the recommendations to the board within 45
 1133  days after receiving the initial recommendations. The state
 1134  board shall make the final determination as to whether any
 1135  investment provider or product, any contractor, or any and all
 1136  contract provisions are shall be approved for the investment
 1137  program.
 1138         (14)(13) FEDERAL REQUIREMENTS.—
 1139         (a) Provisions of This section shall be construed, and the
 1140  investment Public Employee Optional Retirement program shall be
 1141  administered, so as to comply with the Internal Revenue Code, 26
 1142  U.S.C., and specifically with plan qualification requirements
 1143  imposed on governmental plans under s. 401(a) of the Internal
 1144  Revenue Code. The state board may shall have the power and
 1145  authority to adopt rules reasonably necessary to establish or
 1146  maintain the qualified status of the investment Optional
 1147  Retirement program under the Internal Revenue Code and to
 1148  implement and administer the Optional Retirement program in
 1149  compliance with the Internal Revenue Code and as designated
 1150  under this part; provided however, that the board shall not have
 1151  the authority to adopt any rule which makes a substantive change
 1152  to the Optional Retirement Program as designed by this part.
 1153         (b) Any section or provision of this chapter which is
 1154  susceptible to more than one construction shall must be
 1155  interpreted in favor of the construction most likely to satisfy
 1156  requirements imposed by s. 401(a) of the Internal Revenue Code.
 1157         (c) Contributions payable under this section for any
 1158  limitation year may not exceed the maximum amount allowable for
 1159  qualified defined contribution pension plans under applicable
 1160  provisions of the Internal Revenue Code. If an employee who is
 1161  enrolled who has elected to participate in the Public Employee
 1162  Optional Retirement Investment Program participates in any other
 1163  plan that is maintained by the participating employer, benefits
 1164  that accrue under the investment Public Employee Optional
 1165  Retirement program shall be considered primary for any aggregate
 1166  limitation applicable under s. 415 of the Internal Revenue Code.
 1167         (15)(14) INVESTMENT POLICY STATEMENT.—
 1168         (a) Investment products and approved providers selected for
 1169  the investment Public Employee Optional Retirement program must
 1170  shall conform with the Public Employee Optional Retirement
 1171  Investment Program Investment Policy Statement, herein referred
 1172  to as the “statement,” as developed and approved by the Trustees
 1173  of the state board of Administration. The statement must
 1174  include, among other items, the investment objectives of the
 1175  investment Public Employee Optional Retirement program, manager
 1176  selection and monitoring guidelines, and performance measurement
 1177  criteria. As required from time to time, the executive director
 1178  of the state board may present recommended changes in the
 1179  statement to the board for approval.
 1180         (b) Before Prior to presenting the statement, or any
 1181  recommended changes thereto, to the state board, the executive
 1182  director of the board shall present such statement or changes to
 1183  the Investment Advisory Council for review. The council shall
 1184  present the results of its review to the board prior to the
 1185  board's final approval of the statement or changes in the
 1186  statement.
 1187         (16)(15) STATEMENT OF FIDUCIARY STANDARDS AND
 1188  RESPONSIBILITIES.—
 1189         (a) Investment of optional defined contribution program
 1190  retirement plan assets shall be made for the sole interest and
 1191  exclusive purpose of providing benefits to plan participants and
 1192  beneficiaries and defraying reasonable expenses of administering
 1193  the program plan. The program's assets are to be invested, on
 1194  behalf of the program participants, with the care, skill, and
 1195  diligence that a prudent person acting in a like manner would
 1196  undertake. The performance of the investment duties set forth in
 1197  this paragraph shall comply with the fiduciary standards set
 1198  forth in the Employee Retirement Income Security Act of 1974 at
 1199  29 U.S.C. s. 1104(a)(1)(A)-(C). In case of conflict with other
 1200  provisions of law authorizing investments, the investment and
 1201  fiduciary standards set forth in this subsection shall prevail.
 1202         (b) If a participant or beneficiary of the defined
 1203  contribution Public Employee Optional Retirement program
 1204  exercises control over the assets in his or her account, as
 1205  determined by reference to regulations of the United States
 1206  Department of Labor under s. 404(c) of the Employee Retirement
 1207  Income Security Act of 1974 and all applicable laws governing
 1208  the operation of the program, a no program fiduciary is not
 1209  shall be liable for any loss to a participant's or beneficiary's
 1210  account which results from the such participant's or
 1211  beneficiary's exercise of control.
 1212         (c) Subparagraph (9)(b)2. (8)(b)4. and paragraph (16)(b)
 1213  (15)(b) incorporate the federal law concept of participant
 1214  control, established by regulations of the United States
 1215  Department of Labor under s. 404(c) of the Employee Retirement
 1216  Income Security Act of 1974 (ERISA). The purpose of this
 1217  paragraph is to assist employers and the state board of
 1218  Administration in maintaining compliance with s. 404(c), while
 1219  avoiding unnecessary costs and eroding participant benefits
 1220  under the defined contribution Public Employee Optional
 1221  Retirement program. Pursuant to 29 C.F.R. s. 2550.404c
 1222  1(b)(2)(i)(B)(1)(viii), the state board of Administration or its
 1223  designated agents shall deliver to participants of the Public
 1224  Employee Optional Retirement Program a copy of the prospectus
 1225  most recently provided to the plan, and, pursuant to 29 C.F.R.
 1226  s. 2550.404c-1(b)(2)(i)(B)(2)(ii), shall provide such
 1227  participants an opportunity to obtain this information, except
 1228  that:
 1229         1. The requirement to deliver a prospectus shall be deemed
 1230  to be satisfied by delivery of a fund profile that contains the
 1231  information that would be included in a summary prospectus as
 1232  described by Rule 498 under the Securities Act of 1933, 17
 1233  C.F.R. s. 230.498. If When the transaction fees, expense
 1234  information or other information provided by a mutual fund in
 1235  the prospectus does not reflect terms negotiated by the state
 1236  board of Administration or its designated agents, the
 1237  aforementioned requirement is deemed to be satisfied by delivery
 1238  of a separate document described by Rule 498 substituting
 1239  accurate information; and
 1240         2. Delivery shall be deemed to have been effected if
 1241  delivery is through electronic means and the following standards
 1242  are satisfied:
 1243         a. Electronically-delivered documents are prepared and
 1244  provided consistent with style, format, and content requirements
 1245  applicable to printed documents;
 1246         b. Each participant is provided timely and adequate notice
 1247  of the documents that are to be delivered and their significance
 1248  thereof, and of the participant's right to obtain a paper copy
 1249  of such documents free of charge;
 1250         c.(I) Participants have adequate access to the electronic
 1251  documents, at locations such as their worksites or public
 1252  facilities, and have the ability to convert the documents to
 1253  paper free of charge by the state board of Administration, and
 1254  the board or its designated agents take appropriate and
 1255  reasonable measures to ensure that the system for furnishing
 1256  electronic documents results in actual receipt., or
 1257         (II) Participants have provided consent to receive
 1258  information in electronic format, which consent may be revoked;
 1259  and
 1260         d. The state board of Administration, or its designated
 1261  agent, actually provides paper copies of the documents free of
 1262  charge, upon request.
 1263         (17)(16) DISABILITY BENEFITS.—For any participant of the
 1264  investment optional retirement program who becomes totally and
 1265  permanently disabled, benefits must shall be paid in accordance
 1266  with the provisions of s. 121.591.
 1267         (18)(17) SOCIAL SECURITY COVERAGE.—Social security coverage
 1268  shall be provided for all officers and employees who become
 1269  participants of the investment optional program. Any
 1270  modification of the present agreement with the Social Security
 1271  Administration, or referendum required under the Social Security
 1272  Act, for the purpose of providing social security coverage for
 1273  any member shall be requested by the state agency in compliance
 1274  with the applicable provisions of the Social Security Act
 1275  governing such coverage. However, retroactive social security
 1276  coverage for service before prior to December 1, 1970, with the
 1277  employer may shall not be provided for any member who was not
 1278  covered under the agreement as of November 30, 1970.
 1279         (19)(18) RETIREE HEALTH INSURANCE SUBSIDY.—All officers and
 1280  employees who are participants of the investment optional
 1281  program are shall be eligible to receive the retiree health
 1282  insurance subsidy, subject to the provisions of s. 112.363.
 1283         (20)(19) PARTICIPANT RECORDS.—Personal identifying
 1284  information of a participant in the investment Public Employee
 1285  Optional Retirement program contained in Florida Retirement
 1286  System records held by the state board of Administration or the
 1287  department of Management Services is exempt from s. 119.07(1)
 1288  and s. 24(a), Art. I of the State Constitution.
 1289         (21)(20) DESIGNATION OF BENEFICIARIES.—
 1290         (a) Each participant may, on a form provided for that
 1291  purpose, signed and filed with the third-party administrator,
 1292  designate a choice of one or more persons, named sequentially or
 1293  jointly, as his or her beneficiary for receiving who shall
 1294  receive the benefits, if any, which may be payable pursuant to
 1295  this chapter in the event of the participant's death. If no
 1296  beneficiary is named in this manner, or if no beneficiary
 1297  designated by the participant survives the participant, the
 1298  beneficiary shall be the spouse of the deceased, if living. If
 1299  the participant's spouse is not alive at the time of the
 1300  beneficiary's his or her death, the beneficiary shall be the
 1301  living children of the participant. If no children survive, the
 1302  beneficiary shall be the participant's father or mother, if
 1303  living; otherwise, the beneficiary shall be the participant's
 1304  estate. The beneficiary most recently designated by a
 1305  participant on a form or letter filed with the third-party
 1306  administrator shall be the beneficiary entitled to any benefits
 1307  payable at the time of the participant's death. However
 1308  Notwithstanding any other provision in this subsection to the
 1309  contrary, for a participant who dies before prior to his or her
 1310  effective date of retirement, the spouse at the time of death
 1311  shall be the participant's beneficiary unless the such
 1312  participant designates a different beneficiary as provided in
 1313  this subsection subsequent to the participant's most recent
 1314  marriage.
 1315         (b) If a participant designates a primary beneficiary other
 1316  than the participant's spouse, the participant's spouse must
 1317  sign the beneficiary designation form to acknowledge the
 1318  designation. This requirement does not apply to the designation
 1319  of one or more contingent beneficiaries to receive benefits
 1320  remaining upon the death of the primary beneficiary or
 1321  beneficiaries.
 1322         (c) Notwithstanding the participant's designation of
 1323  benefits to be paid through a trust to a beneficiary that is a
 1324  natural person, and notwithstanding the provisions of the trust,
 1325  benefits must shall be paid directly to the beneficiary if the
 1326  person is no longer a minor or an incapacitated person as
 1327  defined in s. 744.102.
 1328         (22)(21) PARTICIPATION BY TERMINATED DEFERRED RETIREMENT
 1329  OPTION PROGRAM PARTICIPANTS.—Notwithstanding any other provision
 1330  of law to the contrary, participants in the Deferred Retirement
 1331  Option Program offered under part I may, after conclusion of
 1332  their participation in the program, elect to roll over or
 1333  authorize a direct trustee-to-trustee transfer to an account
 1334  under the Public Employee Optional Retirement Investment Program
 1335  of their Deferred Retirement Option Program proceeds distributed
 1336  as provided under s. 121.091(13)(c)5. The transaction must
 1337  constitute an “eligible rollover distribution” within the
 1338  meaning of s. 402(c)(4) of the Internal Revenue Code.
 1339         (a) The investment Public Employee Optional Retirement
 1340  program may accept such amounts for deposit into participant
 1341  accounts as provided in paragraph (6)(c) (5)(c).
 1342         (b) The affected participant shall direct the investment of
 1343  his or her investment account; however, unless he or she becomes
 1344  a renewed member of the Florida Retirement System under s.
 1345  121.122 and elects to participate in the investment Public
 1346  Employee Optional Retirement program, employer contributions may
 1347  not be made to the participant's account as provided under
 1348  paragraph (6)(a) (5)(a).
 1349         (c) The state board or the department is not responsible
 1350  for locating those persons who may be eligible to participate in
 1351  the investment Public Employee Optional Retirement program under
 1352  this subsection.
 1353         (23)(22) CREDIT FOR MILITARY SERVICE.—Creditable service of
 1354  any member of the Public Employee Optional Retirement Investment
 1355  Program includes shall include military service in the Armed
 1356  Forces of the United States as provided in the conditions
 1357  outlined in s. 121.111(1).
 1358         Section 2. Section 121.4502, Florida Statutes, is amended
 1359  to read:
 1360         121.4502 Public Employee Optional Retirement Investment
 1361  Program Trust Fund.—
 1362         (1) The Public Employee Optional Retirement Investment
 1363  Program Trust Fund is created to hold the assets of the Public
 1364  Employee Optional Retirement Investment Program in trust for the
 1365  exclusive benefit of program such program's participants and
 1366  beneficiaries, and for the payment of reasonable administrative
 1367  expenses of the program, in accordance with s. 401 of the
 1368  Internal Revenue Code, and shall be administered by the State
 1369  Board of Administration as trustee. Funds shall be credited to
 1370  the trust fund as provided in this part and, to be used for the
 1371  purposes of this part. The trust fund is exempt from the service
 1372  charges imposed by s. 215.20.
 1373         (2) The Public Employee Optional Retirement Investment
 1374  Program Trust Fund is a retirement trust fund of the Florida
 1375  Retirement System that accounts for retirement plan assets held
 1376  by the state in a trustee capacity as a fiduciary for individual
 1377  participants in the Public Employee Optional Retirement
 1378  Investment Program and, pursuant to s. 19(f), Art. III of the
 1379  State Constitution, is not subject to termination.
 1380         Section 3. Paragraph (g) of subsection (2) of section
 1381  110.123, Florida Statutes, is amended to read:
 1382         110.123 State group insurance program.—
 1383         (2) DEFINITIONS.—As used in this section, the term:
 1384         (g) “Retired state officer or employee” or “retiree” means
 1385  any state or state university officer or employee who retires
 1386  under a state retirement system or a state optional annuity or
 1387  retirement program or is placed on disability retirement, and
 1388  who was insured under the state group insurance program at the
 1389  time of retirement, and who begins receiving retirement benefits
 1390  immediately after retirement from state or state university
 1391  office or employment. In addition to these requirements, the
 1392  term includes any state officer or state employee who retires
 1393  under the defined contribution Public Employee Optional
 1394  Retirement program established under part II of chapter 121
 1395  shall be considered a “retired state officer or employee” or
 1396  “retiree” as used in this section if he or she:
 1397         1. Meets the age and service requirements to qualify for
 1398  normal retirement as set forth in s. 121.021(29); or
 1399         2. Has attained the age specified by s. 72(t)(2)(A)(i) of
 1400  the Internal Revenue Code and has 6 years of creditable service.
 1401         Section 4. Section 112.0801, Florida Statutes, is amended
 1402  to read:
 1403         112.0801 Group insurance; participation by retired
 1404  employees.—
 1405         (1) Any state agency, county, municipality, special
 1406  district, community college, or district school board that which
 1407  provides life, health, accident, hospitalization, or annuity
 1408  insurance, or all of any kinds of such insurance, for its
 1409  officers and employees and their dependents upon a group
 1410  insurance plan or self-insurance plan shall allow all former
 1411  personnel who have retired before prior to October 1, 1987, as
 1412  well as those who retire on or after such date, and their
 1413  eligible dependents, the option of continuing to participate in
 1414  the such group insurance plan or self-insurance plan. Retirees
 1415  and their eligible dependents shall be offered the same health
 1416  and hospitalization insurance coverage as is offered to active
 1417  employees at a premium cost of no more than the premium cost
 1418  applicable to active employees. For the retired employees and
 1419  their eligible dependents, the cost of any such continued
 1420  participation in any type of plan or any of the cost thereof may
 1421  be paid by the employer or by the retired employees. To
 1422  determine health and hospitalization plan costs, the employer
 1423  shall commingle the claims experience of the retiree group with
 1424  the claims experience of the active employees; and, for other
 1425  types of coverage, the employer may commingle the claims
 1426  experience of the retiree group with the claims experience of
 1427  active employees. Retirees covered under Medicare may be
 1428  experience-rated separately from the retirees not covered by
 1429  Medicare and from active employees if, provided that the total
 1430  premium does not exceed that of the active group and coverage is
 1431  basically the same as for the active group.
 1432         (2) For purposes of this section, “retiree” has the same
 1433  meaning as in s. 110.123(2). means any officer or employee who
 1434  retires under a state retirement system or a state optional
 1435  annuity or retirement program or is placed on disability
 1436  retirement and who begins receiving retirement benefits
 1437  immediately after retirement from employment. In addition to
 1438  these requirements, any officer or employee who retires under
 1439  the Public Employee Optional Retirement Program established
 1440  under part II of chapter 121 shall be considered a “retired
 1441  officer or employee” or “retiree” as used in this section if he
 1442  or she:
 1443         (a)Meets the age and service requirements to qualify for
 1444  normal retirement as set forth in s. 121.021(29); or
 1445         (b)Has attained the age specified by s. 72(t)(2)(A)(i) of
 1446  the Internal Revenue Code and has 6 years of creditable service.
 1447         Section 5. Paragraph (b) of subsection (2) and paragraph
 1448  (e) of subsection (3) of section 112.363, Florida Statutes, are
 1449  amended to read:
 1450         112.363 Retiree health insurance subsidy.—
 1451         (2) ELIGIBILITY FOR RETIREE HEALTH INSURANCE SUBSIDY.—
 1452         (b) For purposes of this section, a person is deemed
 1453  retired from a state-administered retirement system if when he
 1454  or she terminates employment with all employers participating in
 1455  the Florida Retirement System as described in s. 121.021(39)
 1456  and:
 1457         1. For a participant of the defined contribution Public
 1458  Employee Optional Retirement program established under part II
 1459  of chapter 121, the participant meets the age or service
 1460  requirements to qualify for normal retirement as set forth in s.
 1461  121.021(29).
 1462         2. For a member of the Florida Retirement System defined
 1463  benefit program, or any employee who maintains creditable
 1464  service under both the defined benefit program and the defined
 1465  contribution Public Employee Optional Retirement program, the
 1466  member begins drawing retirement benefits from the defined
 1467  benefit program of the Florida Retirement System.
 1468         (3) RETIREE HEALTH INSURANCE SUBSIDY AMOUNT.—
 1469         (e)1. Beginning July 1, 2001, each eligible retiree of the
 1470  defined benefit program of the Florida Retirement System, or, if
 1471  the retiree is deceased, his or her beneficiary who is receiving
 1472  a monthly benefit from such retiree's account and who is a
 1473  spouse, or a person who meets the definition of joint annuitant
 1474  in s. 121.021(28), shall receive a monthly retiree health
 1475  insurance subsidy payment equal to the number of years of
 1476  creditable service, as defined in s. 121.021(17), completed at
 1477  the time of retirement multiplied by $5; however, no eligible
 1478  retiree or beneficiary may receive a subsidy payment of more
 1479  than $150 or less than $30. If there are multiple beneficiaries,
 1480  the total payment may must not be greater than the payment to
 1481  which the retiree was entitled. The health insurance subsidy
 1482  amount payable to any person receiving the retiree health
 1483  insurance subsidy payment on July 1, 2001, may shall not be
 1484  reduced solely by operation of this subparagraph.
 1485         2. Beginning July 1, 2002, each eligible participant of the
 1486  defined contribution Public Employee Optional Retirement program
 1487  of the Florida Retirement System who has met the requirements of
 1488  this section, or, if the participant is deceased, his or her
 1489  spouse who is the participant's designated beneficiary, shall
 1490  receive a monthly retiree health insurance subsidy payment equal
 1491  to the number of years of creditable service, as provided in
 1492  this subparagraph, completed at the time of retirement,
 1493  multiplied by $5; however, no eligible retiree or beneficiary
 1494  may receive a subsidy payment of more than $150 or less than
 1495  $30. For purposes of determining a participant's creditable
 1496  service used to calculate the health insurance subsidy, a
 1497  participant's years of service credit or fraction thereof shall
 1498  be based on the participant's work year as defined in s.
 1499  121.021(54). Credit must shall be awarded for a full work year
 1500  whenever health insurance subsidy contributions have been made
 1501  as required by law for each month in the participant's work
 1502  year. In addition, all years of creditable service retained
 1503  under the Florida Retirement System defined benefit program must
 1504  shall be included as creditable service for purposes of this
 1505  section. Notwithstanding any other provision in this section to
 1506  the contrary, the spouse at the time of death is shall be the
 1507  participant's beneficiary unless such participant has designated
 1508  a different beneficiary subsequent to the participant's most
 1509  recent marriage.
 1510         Section 6. Subsection (1) of section 112.65, Florida
 1511  Statutes, is amended to read:
 1512         112.65 Limitation of benefits.—
 1513         (1) ESTABLISHMENT OF PROGRAM.—The normal retirement benefit
 1514  or pension payable to a retiree who becomes a member of any
 1515  retirement system or plan and who has not previously
 1516  participated in such plan, on or after January 1, 1980, may
 1517  shall not exceed 100 percent of his or her average final
 1518  compensation. However, nothing contained in this section does
 1519  not shall apply to supplemental retirement benefits or to
 1520  pension increases attributable to cost-of-living increases or
 1521  adjustments. For the purposes of this section, benefits accruing
 1522  in individual participant accounts established under the defined
 1523  contribution Public Employee Optional Retirement program
 1524  established in part II of chapter 121, are considered
 1525  supplemental benefits. As used in this section, the term
 1526  “average final compensation” means the average of the member's
 1527  earnings over a period of time which the governmental entity has
 1528  established by statute, charter, or ordinance.
 1529         Section 7. Subsections (3) and (22) of section 121.021,
 1530  Florida Statutes, are amended to read:
 1531         121.021 Definitions.—The following words and phrases as
 1532  used in this chapter have the respective meanings set forth
 1533  unless a different meaning is plainly required by the context:
 1534         (3) “System” means the general retirement system
 1535  established by this chapter to be known and cited as the
 1536  “Florida Retirement System,” including, but not limited to, the
 1537  defined benefit retirement program administered under the
 1538  provisions of part I of this part chapter and the defined
 1539  contribution retirement program known as the Public Employee
 1540  Optional Retirement Program and administered under the
 1541  provisions of part II of this chapter.
 1542         (22) “Compensation” means the monthly salary paid a member
 1543  by his or her employer for work performed arising from that
 1544  employment.
 1545         (b) Under no circumstances shall Compensation for a member
 1546  participating in the defined benefit retirement program or the
 1547  Public Employee Optional Retirement Investment Program of the
 1548  Florida Retirement System may not include:
 1549         1. Fees paid professional persons for special or particular
 1550  services or include salary payments made from a faculty practice
 1551  plan authorized by the Board of Governors of the State
 1552  University System for eligible clinical faculty at a college in
 1553  a state university that has a faculty practice plan; or
 1554         2. Any bonuses, as defined in subsection (47), or other
 1555  payments prohibited from inclusion in the member's average final
 1556  compensation and defined in subsection (47).
 1557         Section 8. Paragraph (c) of subsection (2) of section
 1558  121.051, Florida Statutes, is amended to read:
 1559         121.051 Participation in the system.—
 1560         (2) OPTIONAL PARTICIPATION.—
 1561         (c) Employees of public community colleges or charter
 1562  technical career centers sponsored by public community colleges,
 1563  as designated in s. 1000.21(3), who are members of the Regular
 1564  Class of the Florida Retirement System and who comply with the
 1565  criteria set forth in this paragraph and in s. 1012.875 may
 1566  elect, in lieu of participating in the Florida Retirement
 1567  System, to withdraw from the Florida Retirement System
 1568  altogether and participate in an optional retirement program
 1569  provided by the employing agency under s. 1012.875, to be known
 1570  as the State Community College System Optional Retirement
 1571  Program. Pursuant thereto:
 1572         1. Through June 30, 2001, the cost to the employer for an
 1573  such annuity under the optional retirement program shall equal
 1574  the normal cost portion of the employer retirement contribution
 1575  which would be required if the employee were a member of the
 1576  Regular Class defined benefit program, plus the portion of the
 1577  contribution rate required by s. 112.363(8) that would otherwise
 1578  be assigned to the Retiree Health Insurance Subsidy Trust Fund.
 1579  Effective July 1, 2001, each employer shall contribute on behalf
 1580  of each participant in the optional program an amount equal to
 1581  10.43 percent of the participant's gross monthly compensation.
 1582  The employer shall deduct an amount to provide for the
 1583  administration of the optional retirement program. The employer
 1584  providing the optional program shall contribute an additional
 1585  amount to the Florida Retirement System Trust Fund equal to the
 1586  unfunded actuarial accrued liability portion of the Regular
 1587  Class contribution rate.
 1588         2. The decision to participate in the such an optional
 1589  retirement program is shall be irrevocable for as long as the
 1590  employee holds a position eligible for participation, except as
 1591  provided in subparagraph 3. Any service creditable under the
 1592  Florida Retirement System is shall be retained after the member
 1593  withdraws from the Florida Retirement System; however,
 1594  additional service credit in the Florida Retirement System may
 1595  shall not be earned while a member of the optional retirement
 1596  program.
 1597         3. An employee who has elected to participate in the
 1598  optional retirement program shall have one opportunity, at the
 1599  employee's discretion, to choose to transfer from the optional
 1600  retirement program to the defined benefit program of the Florida
 1601  Retirement System or to the defined contribution Public Employee
 1602  Optional Retirement program established under part II of this
 1603  chapter, subject to the terms of the applicable optional
 1604  retirement program contracts.
 1605         a. If the employee chooses to move to the defined
 1606  contribution Public Employee Optional Retirement program, any
 1607  contributions, interest, and earnings creditable to the employee
 1608  under the State Community College System Optional Retirement
 1609  Program shall be retained by the employee in the State Community
 1610  College System Optional Retirement Program, and the applicable
 1611  provisions of s. 121.4501(4) shall govern the election.
 1612         b. If the employee chooses to move to the defined benefit
 1613  program of the Florida Retirement System, the employee shall
 1614  receive service credit equal to his or her years of service
 1615  under the State Community College System Optional Retirement
 1616  Program.
 1617         (I) The cost for such credit must shall be an amount
 1618  representing the present value of that employee's accumulated
 1619  benefit obligation for the affected period of service. The cost
 1620  shall be calculated as if the benefit commencement occurs on the
 1621  first date the employee would become eligible for unreduced
 1622  benefits, using the discount rate and other relevant actuarial
 1623  assumptions that were used to value the Florida Retirement
 1624  System defined benefit program plan liabilities in the most
 1625  recent actuarial valuation. The calculation must shall include
 1626  any service already maintained under the defined benefit program
 1627  plan in addition to the years under the State Community College
 1628  System Optional Retirement Program. The present value of any
 1629  service already maintained under the defined benefit program
 1630  plan shall be applied as a credit to total cost resulting from
 1631  the calculation. The division shall ensure that the transfer sum
 1632  is prepared using a formula and methodology certified by an
 1633  enrolled actuary.
 1634         (II) The employee must transfer from his or her State
 1635  Community College System Optional Retirement Program account and
 1636  from other employee moneys as necessary, a sum representing the
 1637  present value of that employee's accumulated benefit obligation
 1638  immediately following the time of such movement, determined
 1639  assuming that attained service equals the sum of service in the
 1640  defined benefit program and service in the State Community
 1641  College System Optional Retirement Program.
 1642         4. Participation in the optional retirement program is
 1643  shall be limited to those employees who satisfy the following
 1644  eligibility criteria:
 1645         a. The employee is must be otherwise eligible for
 1646  membership or renewed membership in the Regular Class of the
 1647  Florida Retirement System, as provided in s. 121.021(11) and
 1648  (12) or s. 121.122.
 1649         b. The employee is must be employed in a full-time position
 1650  classified in the Accounting Manual for Florida's Public
 1651  Community Colleges as:
 1652         (I) Instructional; or
 1653         (II) Executive Management, Instructional Management, or
 1654  Institutional Management, if a community college determines that
 1655  recruiting to fill a vacancy in the position is to be conducted
 1656  in the national or regional market, and the duties and
 1657  responsibilities of the position include:
 1658         (A) The duties and responsibilities of the position include
 1659  either The formulation, interpretation, or implementation of
 1660  policies; or
 1661         (B) The duties and responsibilities of the position include
 1662  The performance of functions that are unique or specialized
 1663  within higher education and that frequently involve the support
 1664  of the mission of the community college.
 1665         c. The employee is must be employed in a position not
 1666  included in the Senior Management Service Class of the Florida
 1667  Retirement System, as described in s. 121.055.
 1668         5. Participants in the program are subject to the same
 1669  reemployment limitations, renewed membership provisions, and
 1670  forfeiture provisions as are applicable to regular members of
 1671  the Florida Retirement System under ss. 121.091(9), 121.122, and
 1672  121.091(5), respectively.
 1673         6. Eligible community college employees are shall be
 1674  compulsory members of the Florida Retirement System until,
 1675  pursuant to the procedures set forth in s. 1012.875, a written
 1676  election to withdraw from the Florida Retirement System and to
 1677  participate in the State Community College System Optional
 1678  Retirement Program is filed with the program administrator and
 1679  received by the division.
 1680         a. Any community college employee whose program eligibility
 1681  results from initial employment shall be enrolled in the State
 1682  Community College System Optional Retirement Program retroactive
 1683  to the first day of eligible employment. The employer retirement
 1684  contributions paid through the month of the employee plan change
 1685  must shall be transferred to the community college for the
 1686  employee's optional program account, and, effective the first
 1687  day of the next month, the employer shall pay the applicable
 1688  contributions based upon subparagraph 1.
 1689         b. Any community college employee whose program eligibility
 1690  results from a change in status due to the subsequent
 1691  designation of the employee's position as one of those specified
 1692  in subparagraph 4. or due to the employee's appointment,
 1693  promotion, transfer, or reclassification to a position specified
 1694  in subparagraph 4. shall be enrolled in the program upon the
 1695  first day of the first full calendar month that such change in
 1696  status becomes effective. The employer retirement contributions
 1697  paid from the effective date through the month of the employee
 1698  plan change must shall be transferred to the community college
 1699  for the employee's optional program account, and, effective the
 1700  first day of the next month, the employer shall pay the
 1701  applicable contributions based upon subparagraph 1.
 1702         7. Effective July 1, 2003, through December 31, 2008, any
 1703  participant of the State Community College System Optional
 1704  Retirement Program who has service credit in the defined benefit
 1705  plan of the Florida Retirement System for the period between his
 1706  or her first eligibility to transfer from the defined benefit
 1707  plan to the optional retirement program and the actual date of
 1708  transfer may, during his or her employment, elect to transfer to
 1709  the optional retirement program a sum representing the present
 1710  value of the accumulated benefit obligation under the defined
 1711  benefit retirement program for such period of service credit.
 1712  Upon such transfer, all such service credit previously earned
 1713  under the defined benefit program of the Florida Retirement
 1714  System during this period is shall be nullified for purposes of
 1715  entitlement to a future benefit under the defined benefit
 1716  program of the Florida Retirement System.
 1717         Section 9. Paragraph (b) of subsection (1) of section
 1718  121.055, Florida Statutes, is amended to read:
 1719         121.055 Senior Management Service Class.—There is hereby
 1720  established a separate class of membership within the Florida
 1721  Retirement System to be known as the “Senior Management Service
 1722  Class,” which shall become effective February 1, 1987.
 1723         (1)
 1724         (b)1. Except as provided in subparagraph 2., effective
 1725  January 1, 1990, participation in the Senior Management Service
 1726  Class is shall be compulsory for the president of each community
 1727  college, the manager of each participating city or county, and
 1728  all appointed district school superintendents. Effective January
 1729  1, 1994, additional positions may be designated for inclusion in
 1730  the Senior Management Service Class of the Florida Retirement
 1731  System, provided that:
 1732         a. Positions to be included in the class shall be
 1733  designated by the local agency employer. Notice of intent to
 1734  designate positions for inclusion in the class must shall be
 1735  published once a week for 2 consecutive weeks in a newspaper of
 1736  general circulation published in the county or counties
 1737  affected, as provided in chapter 50.
 1738         b. Up to 10 nonelective full-time positions may be
 1739  designated for each local agency employer reporting to the
 1740  department of Management Services; for local agencies with 100
 1741  or more regularly established positions, additional nonelective
 1742  full-time positions may be designated, not to exceed 1 percent
 1743  of the regularly established positions within the agency.
 1744         c. Each position added to the class must be a managerial or
 1745  policymaking position filled by an employee who is not subject
 1746  to continuing contract and serves at the pleasure of the local
 1747  agency employer without civil service protection, and who:
 1748         (I) Heads an organizational unit; or
 1749         (II) Has responsibility to effect or recommend personnel,
 1750  budget, expenditure, or policy decisions in his or her areas of
 1751  responsibility.
 1752         2. In lieu of participation in the Senior Management
 1753  Service Class, members of the Senior Management Service class,
 1754  pursuant to the provisions of subparagraph 1., may withdraw from
 1755  the Florida Retirement System altogether. The decision to
 1756  withdraw from the Florida Retirement System is shall be
 1757  irrevocable for as long as the employee holds the such a
 1758  position. Any service creditable under the Senior Management
 1759  Service Class shall be retained after the member withdraws from
 1760  the Florida Retirement System; however, additional service
 1761  credit in the Senior Management Service Class may shall not be
 1762  earned after such withdrawal. Such members are shall not be
 1763  eligible to participate in the Senior Management Service
 1764  Optional Annuity Program.
 1765         3.Effective January 1, 2006, through June 30, 2006, an
 1766  employee who has withdrawn from the Florida Retirement System
 1767  under subparagraph 2. has one opportunity to elect to
 1768  participate in either the defined benefit program or the Public
 1769  Employee Optional Retirement Program of the Florida Retirement
 1770  System.
 1771         a.If the employee elects to participate in the Public
 1772  Employee Optional Retirement Program, membership shall be
 1773  prospective, and the applicable provisions of s. 121.4501(4)
 1774  shall govern the election.
 1775         b.If the employee elects to participate in the defined
 1776  benefit program of the Florida Retirement System, the employee
 1777  shall, upon payment to the system trust fund of the amount
 1778  calculated under sub-sub-subparagraph (I), receive service
 1779  credit for prior service based upon the time during which the
 1780  employee had withdrawn from the system.
 1781         (I)The cost for such credit shall be an amount
 1782  representing the actuarial accrued liability for the affected
 1783  period of service. The cost shall be calculated using the
 1784  discount rate and other relevant actuarial assumptions that were
 1785  used to value the Florida Retirement System defined benefit plan
 1786  liabilities in the most recent actuarial valuation. The
 1787  calculation shall include any service already maintained under
 1788  the defined benefit plan in addition to the period of
 1789  withdrawal. The actuarial accrued liability attributable to any
 1790  service already maintained under the defined benefit plan shall
 1791  be applied as a credit to the total cost resulting from the
 1792  calculation. The division shall ensure that the transfer sum is
 1793  prepared using a formula and methodology certified by an
 1794  actuary.
 1795         (II)The employee must transfer a sum representing the net
 1796  cost owed for the actuarial accrued liability in sub-sub
 1797  subparagraph (I) immediately following the time of such
 1798  movement, determined assuming that attained service equals the
 1799  sum of service in the defined benefit program and the period of
 1800  withdrawal.
 1801         Section 10. Paragraph (c) of subsection (9) of section
 1802  121.091, Florida Statutes, is amended to read:
 1803         121.091 Benefits payable under the system.—Benefits may not
 1804  be paid under this section unless the member has terminated
 1805  employment as provided in s. 121.021(39)(a) or begun
 1806  participation in the Deferred Retirement Option Program as
 1807  provided in subsection (13), and filed a proper application has
 1808  been filed in the manner prescribed by the department. The
 1809  department may cancel an application for retirement benefits if
 1810  when the member or beneficiary fails to timely provide the
 1811  information and documents required by this chapter and the
 1812  department's rules. The department shall adopt rules
 1813  establishing procedures for application for retirement benefits
 1814  and for the cancellation of such application if when the
 1815  required information or documents are not received.
 1816         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
 1817         (c) The provisions of this subsection apply to a retiree
 1818  retirees, as defined in s. 121.4501(2) s. 121.4501(2)(j), of the
 1819  Public Employee Optional Retirement Program created in part II,
 1820  subject to the following conditions:
 1821         1. The retiree Such retirees may not be reemployed with an
 1822  employer participating in the Florida Retirement System as
 1823  provided in paragraph (b) until such person has been retired for
 1824  3 calendar months, unless the participant has reached the normal
 1825  retirement requirements of the defined benefit plan as provided
 1826  in s. 121.021(29).
 1827         2. A Such retiree employed in violation of this subsection,
 1828  and any employing agency that knowingly employs or appoints such
 1829  person, is shall be jointly and severally liable for
 1830  reimbursement of any benefits paid to the retirement trust fund
 1831  from which the benefits were paid, including the Retirement
 1832  System Trust Fund and the Public Employee Optional Retirement
 1833  Investment Program Trust Fund, as appropriate. To avoid
 1834  liability, the such employing agency must have a written
 1835  statement from the retiree that he or she is not retired from a
 1836  state-administered retirement system.
 1837         Section 11. Paragraphs (g) and (i) of subsection (3) of
 1838  section 121.35, Florida Statutes, are amended to read:
 1839         121.35 Optional retirement program for the State University
 1840  System.—
 1841         (3) ELECTION OF OPTIONAL PROGRAM.—
 1842         (g) An eligible employee who is a member of the Florida
 1843  Retirement System at the time of election to participate in the
 1844  optional retirement program shall retain all retirement service
 1845  credit earned under the Florida Retirement System, at the rate
 1846  earned. No Additional service credit in the Florida Retirement
 1847  System may not shall be earned while the employee participates
 1848  in the optional program, and nor shall the employee is not be
 1849  eligible for disability retirement under the Florida Retirement
 1850  System. An eligible employee may transfer from the Florida
 1851  Retirement System to his or her accounts under the State
 1852  University System Optional Retirement Program a sum representing
 1853  the present value of the employee's accumulated benefit
 1854  obligation under the defined benefit program of the Florida
 1855  Retirement System for any service credit accrued from the
 1856  employee's first eligible transfer date to the optional
 1857  retirement program through the actual date of such transfer, if
 1858  such service credit was earned in the period from July 1, 1984,
 1859  through December 31, 1992. The present value of the employee's
 1860  accumulated benefit obligation must shall be calculated as
 1861  described in s. 121.4501(3) s. 121.4501(3)(c)2. Upon such
 1862  transfer, all such service credit previously earned under the
 1863  defined benefit program of the Florida Retirement System during
 1864  this period is shall be nullified for purposes of entitlement to
 1865  a future benefit under the defined benefit program of the
 1866  Florida Retirement System.
 1867         (i) Effective January 1, 2008, through December 31, 2008,
 1868  except for an employee who is a mandatory participant of the
 1869  State University System Optional Retirement Program, an employee
 1870  who has elected to participate in the State University System
 1871  Optional Retirement Program shall have one opportunity, at the
 1872  employee's discretion, to choose to transfer from this program
 1873  to the defined benefit program of the Florida Retirement System
 1874  or to the Public Employee Optional Retirement Program, subject
 1875  to the terms of the applicable contracts of the State University
 1876  System Optional Retirement Program.
 1877         1. If the employee chooses to move to the defined
 1878  contribution Public Employee Optional Retirement program, any
 1879  contributions, interest, and earnings creditable to the employee
 1880  under the State University System Optional Retirement Program
 1881  must shall be retained by the employee in the State University
 1882  System Optional Retirement Program, and the applicable
 1883  provisions of s. 121.4501(4) shall govern the election.
 1884         2. If the employee chooses to move to the defined benefit
 1885  program of the Florida Retirement System, the employee shall
 1886  receive service credit equal to his or her years of service
 1887  under the State University System Optional Retirement Program.
 1888         a. The cost for such credit must be in shall be an amount
 1889  representing the actuarial accrued liability for the affected
 1890  period of service. The cost must shall be calculated using the
 1891  discount rate and other relevant actuarial assumptions that were
 1892  used to value the Florida Retirement System defined benefit plan
 1893  liabilities in the most recent actuarial valuation. The
 1894  calculation must shall include any service already maintained
 1895  under the defined benefit program plan in addition to the years
 1896  under the State University System Optional Retirement Program.
 1897  The actuarial accrued liability of any service already
 1898  maintained under the defined benefit program must plan shall be
 1899  applied as a credit to total cost resulting from the
 1900  calculation. The division shall ensure that the transfer sum is
 1901  prepared using a formula and methodology certified by an
 1902  enrolled actuary.
 1903         b. The employee must transfer from his or her State
 1904  University System Optional Retirement Program account, and from
 1905  other employee moneys as necessary, a sum representing the
 1906  actuarial accrued liability immediately following the time of
 1907  such movement, determined assuming that attained service equals
 1908  the sum of service in the defined benefit program and service in
 1909  the State University System Optional Retirement Program.
 1910         Section 12. Subsection (1) of Section 121.4503, Florida
 1911  Statutes, is amended to read:
 1912         121.4503 Florida Retirement System Contributions Clearing
 1913  Trust Fund.—
 1914         (1) The Florida Retirement System Contributions Clearing
 1915  Trust Fund is created as a clearing fund for disbursing employer
 1916  contributions to the component plans of the Florida Retirement
 1917  System and shall be administered by the Department of Management
 1918  Services. Funds shall be credited to the trust fund as provided
 1919  in this chapter and shall be held in trust for the contributing
 1920  employers until such time as the assets are transferred by the
 1921  department to the Florida Retirement System Trust Fund, the
 1922  Public Employee Optional Retirement Investment Program Trust
 1923  Fund, or other trust funds as authorized by law, to be used for
 1924  the purposes of this chapter. The trust fund is exempt from the
 1925  service charges imposed by s. 215.20.
 1926         Section 13. Section 121.571, Florida Statutes, is amended
 1927  to read:
 1928         121.571 Contributions.—Contributions to the Public Employee
 1929  Optional Retirement Investment Program shall be made as follows:
 1930         (1) NONCONTRIBUTORY PLAN.—Each employer shall make
 1931  accomplish the monthly contributions required under by s. 121.71
 1932  without reducing an by a procedure in which no employee's gross
 1933  salary shall be reduced.
 1934         (2) CONTRIBUTION RATES GENERALLY.—Contributions to fund the
 1935  retirement and disability benefits provided under this part must
 1936  shall be based on the uniform contribution rates established by
 1937  s. 121.71 and on the membership class or subclass of the
 1938  participant. Such contributions must shall be allocated as
 1939  provided in ss. 121.72 and 121.73.
 1940         (3) CONTRIBUTIONS FOR SOCIAL SECURITY COVERAGE AND FOR
 1941  RETIREE HEALTH INSURANCE SUBSIDY.—Contributions required under
 1942  s. 121.71 are this section shall be in addition to employer and
 1943  member contributions required for social security and the
 1944  Retiree Health Insurance Subsidy Trust Fund as required under
 1945  provided in ss. 112.363, 121.052, 121.055, and 121.071, as
 1946  appropriate.
 1947         Section 14. Section 121.591, Florida Statutes, is amended
 1948  to read:
 1949         121.591 Payment of benefits payable under the Public
 1950  Employee Optional Retirement Program of the Florida Retirement
 1951  System.—Benefits may not be paid under the Public Employee
 1952  Retirement Investment Program this section unless the member has
 1953  terminated employment as provided in s. 121.021(39)(a) or is
 1954  deceased and a proper application has been filed as in the
 1955  manner prescribed by the state board or the department. The
 1956  state board or department, as appropriate, may cancel an
 1957  application for retirement benefits if when the member or
 1958  beneficiary fails to timely provide the information and
 1959  documents required by this chapter and the rules of the state
 1960  board and department. In accordance with their respective
 1961  responsibilities as provided herein, the state board of
 1962  Administration and the department of Management Services shall
 1963  adopt rules establishing procedures for application for
 1964  retirement benefits and for the cancellation of such application
 1965  if when the required information or documents are not received.
 1966  The state board of Administration and the department of
 1967  Management Services, as appropriate, are authorized to cash out
 1968  a de minimis account of not more than $5,000 of a participant
 1969  who has been terminated from Florida Retirement System covered
 1970  employment for a minimum of 6 calendar months. A de minimis
 1971  account is an account containing employer contributions and
 1972  accumulated earnings of not more than $5,000 made under the
 1973  provisions of this chapter. Such cash-out must either be a
 1974  complete lump-sum liquidation of the account balance, subject to
 1975  the provisions of the Internal Revenue Code, or a lump-sum
 1976  direct rollover distribution paid directly to the custodian of
 1977  an eligible retirement plan, as defined by the Internal Revenue
 1978  Code, on behalf of the participant. If any financial instrument
 1979  issued for the payment of retirement benefits under this section
 1980  is not presented for payment within 180 days after the last day
 1981  of the month in which it was originally issued, the third-party
 1982  administrator or other duly authorized agent of the state board
 1983  of Administration shall cancel the instrument and credit the
 1984  amount of the instrument to the suspense account of the Public
 1985  Employee Optional Retirement Investment Program Trust Fund
 1986  authorized under s. 121.450(7) s. 121.4501(6). Any such amounts
 1987  transferred to the suspense account are payable upon a proper
 1988  application, not to include earnings thereon, as provided in
 1989  this section, within 10 years after the last day of the month in
 1990  which the instrument was originally issued, after which time
 1991  such amounts and any earnings are thereon shall be forfeited.
 1992  Any such forfeited amounts are assets of the Public Employee
 1993  Optional Retirement Program trust fund and are not subject to
 1994  the provisions of chapter 717.
 1995         (1) NORMAL BENEFITS.—Under the Public Employee Optional
 1996  Retirement Investment Program:
 1997         (a) Benefits in the form of vested accumulations as
 1998  described in s. 121.4501(7) are s. 121.4501(6) shall be payable
 1999  under this subsection in accordance with the following terms and
 2000  conditions:
 2001         1. To the extent vested, Benefits shall be paid payable
 2002  only to a participant.
 2003         2. Benefits shall be paid by the third-party administrator
 2004  or designated approved providers in accordance with the law, the
 2005  contracts, and any applicable board rule or policy.
 2006         3. To receive benefits under this subsection, The
 2007  participant must be terminated from all employment with all
 2008  Florida Retirement System employers, as provided in s.
 2009  121.021(39).
 2010         4. Benefit payments may not be made until the participant
 2011  has been terminated for 3 calendar months, except that the state
 2012  board may authorize by rule for the distribution of up to 10
 2013  percent of the participant's account after being terminated for
 2014  1 calendar month if a participant has reached the normal
 2015  retirement requirements of the defined benefit plan, as provided
 2016  in s. 121.021(29).
 2017         5. If a member or former member of the Florida Retirement
 2018  System receives an invalid distribution from the Public Employee
 2019  Optional Retirement Program Trust Fund, such person must shall
 2020  repay the full amount invalid distribution to the trust fund
 2021  within 90 days after receipt of final notification by the state
 2022  board of Administration or the third-party administrator that
 2023  the distribution was invalid. If such person fails to repay the
 2024  full invalid distribution within 90 days after receipt of final
 2025  notification, the person may be deemed retired from the
 2026  investment Public Employee Optional Retirement program by the
 2027  state board, as provided pursuant to s. 121.4501(2)(j), and
 2028  shall be subject to the provisions of s. 121.122. If such person
 2029  is deemed retired by the state board, any joint and several
 2030  liability set out in s. 121.091(9)(c)2. is becomes null and
 2031  void, and the state board, the department of Management
 2032  Services, or the employing agency is not liable for gains on
 2033  payroll contributions that have not been deposited to the
 2034  person's account in the investment Public Employee Optional
 2035  Retirement program, pending resolution of the invalid
 2036  distribution. The member or former member who has been deemed
 2037  retired or who has been determined by the board to have taken an
 2038  invalid distribution may appeal the agency decision through the
 2039  complaint process as provided under s. 121.4501(10)(f)3. s.
 2040  121.4501(9)(f)3. As used in this subparagraph, the term “invalid
 2041  distribution” means any distribution from an account in the
 2042  investment Public Employee Optional Retirement program which is
 2043  taken in violation of the provisions of this section, s.
 2044  121.091(9), or s. 121.4501.
 2045         (b) If a participant elects to receive his or her benefits
 2046  upon termination of employment, the participant must submit a
 2047  written application or an equivalent form to the third-party
 2048  administrator indicating his or her preferred distribution date
 2049  and selecting an authorized method of distribution as provided
 2050  in paragraph (c). The participant may defer receipt of benefits
 2051  until he or she chooses to make such application, subject to
 2052  federal requirements.
 2053         (c) Upon receipt by the third-party administrator of a
 2054  properly executed application for distribution of benefits, the
 2055  total accumulated benefit shall be payable to the participant,
 2056  as:
 2057         1. A lump-sum distribution to the participant;
 2058         2. A lump-sum direct rollover distribution whereby all
 2059  accrued benefits, plus interest and investment earnings, are
 2060  paid from the participant's account directly to the custodian of
 2061  an eligible retirement plan, as defined in s. 402(c)(8)(B) of
 2062  the Internal Revenue Code, on behalf of the participant; or
 2063         3. Periodic distributions, as authorized by the state
 2064  board.
 2065         (2) DISABILITY RETIREMENT BENEFITS.—Benefits provided under
 2066  this subsection are payable in lieu of the benefits that which
 2067  would otherwise be payable under the provisions of subsection
 2068  (1). Such benefits must shall be funded entirely from employer
 2069  contributions made under s. 121.571, transferred participant
 2070  funds accumulated pursuant to paragraph (a), and interest and
 2071  earnings thereon. Pursuant thereto:
 2072         (a) Transfer of funds.—To qualify for to receive monthly
 2073  disability benefits under this subsection:
 2074         1. All moneys accumulated in the participant's Public
 2075  Employee Optional Retirement Program accounts, including vested
 2076  and nonvested accumulations as described in s. 121.4501(7) s.
 2077  121.4501(6), must shall be transferred from such individual
 2078  accounts to the division of Retirement for deposit in the
 2079  disability account of the Florida Retirement System Trust Fund.
 2080  Such moneys must shall be separately accounted for separately.
 2081  Earnings must shall be credited on an annual basis for amounts
 2082  held in the disability accounts of the Florida Retirement System
 2083  Trust Fund based on actual earnings of the Florida Retirement
 2084  System trust fund.
 2085         2. If the participant has retained retirement credit he or
 2086  she had earned under the defined benefit program of the Florida
 2087  Retirement System as provided in s. 121.4501(3) s.
 2088  121.4501(3)(b), a sum representing the actuarial present value
 2089  of such credit within the Florida Retirement System Trust Fund
 2090  shall be reassigned by the division of Retirement from the
 2091  defined benefit program to the disability program as implemented
 2092  under this subsection and shall be deposited in the disability
 2093  account of the Florida Retirement System trust fund. Such moneys
 2094  must shall be separately accounted for separately.
 2095         (b) Disability retirement; entitlement.—
 2096         1. A participant of the investment Public Employee Optional
 2097  Retirement program who becomes totally and permanently disabled,
 2098  as defined in paragraph (d) s. 121.091(4)(b), after completing 8
 2099  years of creditable service, or a participant who becomes
 2100  totally and permanently disabled in the line of duty regardless
 2101  of his or her length of service, is shall be entitled to a
 2102  monthly disability benefit as provided herein.
 2103         2. In order for service to apply toward the 8 years of
 2104  creditable service required to vest for regular disability
 2105  benefits, or toward the creditable service used in calculating a
 2106  service-based benefit as provided for under paragraph (g), the
 2107  service must be creditable service as described below:
 2108         a. The participant's period of service under the investment
 2109  Public Employee Optional Retirement program shall will be
 2110  considered creditable service, except as provided in
 2111  subparagraph d.
 2112         b. If the participant has elected to retain credit for his
 2113  or her service under the defined benefit program of the Florida
 2114  Retirement System as provided under s. 121.4501(3) s.
 2115  121.4501(3)(b), all such service shall will be considered
 2116  creditable service.
 2117         c. If the participant elects has elected to transfer to his
 2118  or her participant accounts a sum representing the present value
 2119  of his or her retirement credit under the defined benefit
 2120  program as provided under s. 121.4501(3) s. 121.4501(3)(c), the
 2121  period of service under the defined benefit program represented
 2122  in the present value amounts transferred shall will be
 2123  considered creditable service for purposes of vesting for
 2124  disability benefits, except as provided in subparagraph d.
 2125         d. Whenever a participant has terminated employment and has
 2126  taken distribution of his or her funds as provided in subsection
 2127  (1), all creditable service represented by such distributed
 2128  funds is forfeited for purposes of this subsection.
 2129         (c) Disability retirement effective date.—The effective
 2130  retirement date for a participant who applies and is approved
 2131  for disability retirement shall be established as provided under
 2132  s. 121.091(4)(a)2. and 3.
 2133         (d) Total and permanent disability.—A participant shall be
 2134  considered totally and permanently disabled if, in the opinion
 2135  of the division, he or she is prevented, by reason of a
 2136  medically determinable physical or mental impairment, from
 2137  rendering useful and efficient service as an officer or
 2138  employee.
 2139         (e) Proof of disability.The division, Before approving
 2140  payment of any disability retirement benefit, the division shall
 2141  require proof that the participant is totally and permanently
 2142  disabled in the same manner as provided for members of the
 2143  defined benefit program of the Florida Retirement System under
 2144  s. 121.091(4)(c).
 2145         (f) Disability retirement benefit.—Upon the disability
 2146  retirement of a participant under this subsection, the
 2147  participant shall receive a monthly benefit that begins accruing
 2148  shall begin to accrue on the first day of the month of
 2149  disability retirement, as approved by the division, and is shall
 2150  be payable on the last day of that month and each month
 2151  thereafter during his or her lifetime and continued disability.
 2152  All disability benefits must payable to such member shall be
 2153  paid out of the disability account of the Florida Retirement
 2154  System Trust Fund established under this subsection.
 2155         (g) Computation of disability retirement benefit.—The
 2156  amount of each monthly payment must shall be calculated in the
 2157  same manner as provided for members of the defined benefit
 2158  program of the Florida Retirement System under s. 121.091(4)(f).
 2159  For such purpose, Creditable service under both the defined
 2160  benefit program and the investment Public Employee Optional
 2161  Retirement program of the Florida Retirement System shall be
 2162  applicable as provided under paragraph (b).
 2163         (h) Reapplication.—A participant whose initial application
 2164  for disability retirement is has been denied may reapply for
 2165  disability benefits in the same manner, and under the same
 2166  conditions, as provided for members of the defined benefit
 2167  program of the Florida Retirement System under s. 121.091(4)(g).
 2168         (i) Membership.—Upon approval of a participant's an
 2169  application for disability benefits under this subsection, the
 2170  applicant shall be transferred to the defined benefit program of
 2171  the Florida Retirement System, effective upon his or her
 2172  disability retirement effective date.
 2173         (j) Option to cancel.A Any participant whose application
 2174  for disability benefits is approved may cancel the his or her
 2175  application if for disability benefits, provided that the
 2176  cancellation request is received by the division before a
 2177  disability retirement warrant has been deposited, cashed, or
 2178  received by direct deposit. Upon such cancellation:
 2179         1. The participant's transfer to the defined benefit
 2180  program under paragraph (i) shall be nullified;
 2181         2. The participant shall be retroactively reinstated in the
 2182  investment Public Employee Optional Retirement program without
 2183  hiatus;
 2184         3. All funds transferred to the Florida Retirement System
 2185  Trust Fund under paragraph (a) must shall be returned to the
 2186  participant accounts from which the such funds were drawn; and
 2187         4. The participant may elect to receive the benefit payable
 2188  under the provisions of subsection (1) in lieu of disability
 2189  benefits as provided under this subsection.
 2190         (k) Recovery from disability.—
 2191         1. The division may require periodic reexaminations at the
 2192  expense of the disability program account of the Florida
 2193  Retirement System Trust Fund. Except as otherwise provided in
 2194  subparagraph 2., the requirements, procedures, and restrictions
 2195  relating to the conduct and review of such reexaminations,
 2196  discontinuation or termination of benefits, reentry into
 2197  employment, disability retirement after reentry into covered
 2198  employment, and all other matters relating to recovery from
 2199  disability shall be the same as provided are set forth under s.
 2200  121.091(4)(h).
 2201         2. Upon recovery from disability, the any recipient of
 2202  disability retirement benefits under this subsection shall be
 2203  transferred back to the investment program a compulsory member
 2204  of the Public Employee Optional Retirement Program of the
 2205  Florida Retirement System. The net difference between the
 2206  recipient's original account balance transferred to the Florida
 2207  Retirement System Trust Fund, including earnings, under
 2208  paragraph (a) and total disability benefits paid to such
 2209  recipient, if any, shall be determined as provided in sub
 2210  subparagraph a.
 2211         a. An amount equal to the total benefits paid shall be
 2212  subtracted from that portion of the transferred account balance
 2213  consisting of vested accumulations as described under s.
 2214  121.4501(7) s. 121.4501(6), if any, and an amount equal to the
 2215  remainder of benefit amounts paid, if any, shall then be
 2216  subtracted from any remaining portion consisting of nonvested
 2217  accumulations as described under s. 121.4501(6).
 2218         b. Amounts subtracted under sub-subparagraph a. must shall
 2219  be retained within the disability account of the Florida
 2220  Retirement System Trust Fund. Any remaining account balance
 2221  shall be transferred to the third-party administrator for
 2222  disposition as provided under sub-subparagraph c. or sub
 2223  subparagraph d., as appropriate.
 2224         c. If the recipient returns to covered employment,
 2225  transferred amounts must shall be deposited in individual
 2226  accounts under the investment Public Employee Optional
 2227  Retirement program, as directed by the participant. Vested and
 2228  nonvested amounts shall be separately accounted for as provided
 2229  in s. 121.4501(7) s. 121.4501(6).
 2230         d. If the recipient fails to return to covered employment
 2231  upon recovery from disability:
 2232         (I) Any remaining vested amount must shall be deposited in
 2233  individual accounts under the investment Public Employee
 2234  Optional Retirement program, as directed by the participant, and
 2235  is shall be payable as provided in subsection (1).
 2236         (II) Any remaining nonvested amount must shall be held in a
 2237  suspense account and is shall be forfeitable after 5 years as
 2238  provided in s. 121.4501(7) s. 121.4501(6).
 2239         3. If present value was reassigned from the defined benefit
 2240  program to the disability program of the Florida Retirement
 2241  System as provided under subparagraph (a)2., the full present
 2242  value amount must shall be returned to the defined benefit
 2243  account within the Florida Retirement System Trust Fund and the
 2244  recipient's affected individual's associated retirement credit
 2245  under the defined benefit program must shall be reinstated in
 2246  full. Any benefit based upon such credit must shall be
 2247  calculated as provided in s. 121.091(4)(h)1.
 2248         (l) Nonadmissible causes of disability.—A participant is
 2249  shall not be entitled to receive a disability retirement benefit
 2250  if the disability results from any injury or disease sustained
 2251  or inflicted as described in s. 121.091(4)(i).
 2252         (m) Disability retirement of justice or judge by order of
 2253  Supreme Court.—
 2254         1. If a participant is a justice of the Supreme Court,
 2255  judge of a district court of appeal, circuit judge, or judge of
 2256  a county court who has served for 6 years or more as an elected
 2257  constitutional judicial officer, including service as a judicial
 2258  officer in any court abolished pursuant to Art. V of the State
 2259  Constitution, and who is retired for disability by order of the
 2260  Supreme Court upon recommendation of the Judicial Qualifications
 2261  Commission pursuant to s. 12, the provisions of Art. V of the
 2262  State Constitution, the participant's Option 1 monthly
 2263  disability benefit amount as provided in s. 121.091(6)(a)1.
 2264  shall be two-thirds of his or her monthly compensation as of the
 2265  participant's disability retirement date. The Such a participant
 2266  may alternatively elect to receive an actuarially adjusted
 2267  disability retirement benefit under any other option as provided
 2268  in s. 121.091(6)(a), or to receive the normal benefit payable
 2269  under the Public Employee Optional Retirement Program as set
 2270  forth in subsection (1).
 2271         2. If any justice or judge who is a participant of the
 2272  investment Public Employee Optional Retirement program of the
 2273  Florida Retirement System is retired for disability by order of
 2274  the Supreme Court upon recommendation of the Judicial
 2275  Qualifications Commission pursuant to s. 12, the provisions of
 2276  Art. V of the State Constitution and elects to receive a monthly
 2277  disability benefit under the provisions of this paragraph:
 2278         a. Any present value amount that was transferred to his or
 2279  her program account and all employer contributions made to such
 2280  account on his or her behalf, plus interest and earnings
 2281  thereon, must shall be transferred to and deposited in the
 2282  disability account of the Florida Retirement System Trust Fund;
 2283  and
 2284         b. The monthly disability benefits payable under this
 2285  paragraph for any affected justice or judge retired from the
 2286  Florida Retirement System pursuant to Art. V of the State
 2287  Constitution shall be paid from the disability account of the
 2288  Florida Retirement System Trust Fund.
 2289         (n) Death of retiree or beneficiary.—Upon the death of a
 2290  disabled retiree or beneficiary of the retiree thereof who is
 2291  receiving monthly disability benefits under this subsection, the
 2292  monthly benefits shall be paid through the last day of the month
 2293  of death and shall terminate, or be adjusted, if applicable, as
 2294  of that date in accordance with the optional form of benefit
 2295  selected at the time of retirement. The department of Management
 2296  Services may adopt rules necessary to administer this paragraph.
 2297         (3) DEATH BENEFITS.—Under the Public Employee Optional
 2298  Retirement Investment Program:
 2299         (a) Survivor benefits are shall be payable in accordance
 2300  with the following terms and conditions:
 2301         1. To the extent vested, benefits are shall be payable only
 2302  to a participant's beneficiary or beneficiaries as designated by
 2303  the participant as provided in s. 121.4501(21) s. 121.4501(20).
 2304         2. Benefits must shall be paid by the third-party
 2305  administrator or designated approved providers in accordance
 2306  with the law, the contracts, and any applicable state board rule
 2307  or policy.
 2308         3. To receive benefits under this subsection, the
 2309  participant must be deceased.
 2310         (b) In the event of a participant's death, all vested
 2311  accumulations as described in s. 121.4501(7) s. 121.4501(6),
 2312  less withholding taxes remitted to the Internal Revenue Service,
 2313  shall be distributed, as provided in paragraph (c) or as
 2314  described in s. 121.4501(21) s. 121.4501(20), as if the
 2315  participant retired on the date of death. No other death
 2316  benefits are shall be available for survivors of participants
 2317  under the Public Employee Optional Retirement Program, except
 2318  for such benefits, or coverage for such benefits, as are
 2319  otherwise provided by law or are separately provided afforded by
 2320  the employer, at the employer's discretion.
 2321         (c) Upon receipt by the third-party administrator of a
 2322  properly executed application for distribution of benefits, the
 2323  total accumulated benefit is shall be payable by the third-party
 2324  administrator to the participant's surviving beneficiary or
 2325  beneficiaries, as:
 2326         1. A lump-sum distribution payable to the beneficiary or
 2327  beneficiaries, or to the deceased participant's estate;
 2328         2. An eligible rollover distribution on behalf of the
 2329  surviving spouse of a deceased participant, whereby all accrued
 2330  benefits, plus interest and investment earnings, are paid from
 2331  the deceased participant's account directly to the custodian of
 2332  an eligible retirement plan, as described in s. 402(c)(8)(B) of
 2333  the Internal Revenue Code, on behalf of the surviving spouse; or
 2334         3. A partial lump-sum payment whereby a portion of the
 2335  accrued benefit is paid to the deceased participant's surviving
 2336  spouse or other designated beneficiaries, less withholding taxes
 2337  remitted to the Internal Revenue Service, and the remaining
 2338  amount is transferred directly to the custodian of an eligible
 2339  retirement plan, as described in s. 402(c)(8)(B) of the Internal
 2340  Revenue Code, on behalf of the surviving spouse. The proportions
 2341  must be specified by the participant or the surviving
 2342  beneficiary.
 2343  This paragraph does not abrogate other applicable provisions of
 2344  state or federal law providing for payment of death benefits.
 2345         (4) LIMITATION ON LEGAL PROCESS.—The benefits payable to
 2346  any person under the Public Employee Optional Retirement
 2347  Investment Program, and any contributions accumulated under such
 2348  program, are not subject to assignment, execution, attachment,
 2349  or any legal process, except for qualified domestic relations
 2350  orders by a court of competent jurisdiction, income deduction
 2351  orders as provided in s. 61.1301, and federal income tax levies.
 2352         Section 15. Section 121.5911, Florida Statutes, is amended
 2353  to read:
 2354         121.5911 Disability retirement program; qualified status;
 2355  rulemaking authority.—It is the intent of the Legislature that
 2356  the disability retirement program for participants of the Public
 2357  Employee Optional Retirement Investment Program as created in
 2358  this act must meet all applicable requirements of federal law
 2359  for a qualified plan. The department of Management Services
 2360  shall seek a private letter ruling from the Internal Revenue
 2361  Service on the disability retirement program for participants of
 2362  the Public Employee Optional Retirement Program. Consistent with
 2363  the private letter ruling, the department of Management Services
 2364  shall adopt any necessary rules necessary required to maintain
 2365  the qualified status of the disability retirement program and
 2366  the Florida Retirement System defined benefit plan.
 2367         Section 16. Section 121.70, Florida Statutes, is amended to
 2368  read:
 2369         121.70 Legislative purpose and intent.—
 2370         (1) This part provides for a uniform system for funding
 2371  benefits provided under the Florida Retirement System defined
 2372  benefit program established under part I of this chapter
 2373  (referred to in this part as the defined benefit program) and
 2374  under the Public Employee Optional Retirement Investment Program
 2375  established under part II of this chapter (referred to in this
 2376  part as the defined contribution optional retirement program).
 2377  The Legislature recognizes and declares that the Florida
 2378  Retirement System is a single retirement system, consisting of
 2379  two retirement plans and other nonintegrated programs. Employers
 2380  participating in the Florida Retirement System collectively
 2381  shall be responsible for making contributions to support the
 2382  benefits provided afforded under both programs plans. The As
 2383  provided in this part, employers participating in the Florida
 2384  Retirement System shall make contributions based upon uniform
 2385  contribution rates determined as a percentage of the total
 2386  payroll for each class or subclass of Florida Retirement System
 2387  membership, irrespective of which retirement program the plan
 2388  individual employee is enrolled in employees may elect. This
 2389  shall be known as a uniform or blended contribution rate system.
 2390         (2) In establishing a uniform contribution rate system, it
 2391  is the intent of the Legislature to:
 2392         (a) Provide greater stability and certainty in financial
 2393  planning and budgeting for Florida Retirement System employers
 2394  by eliminating the fiscal instability that would be caused by
 2395  dual rates coupled with employee-selected plan participation;
 2396  and
 2397         (b) Provide greater fiscal equity and uniformity for system
 2398  employers by effectively distributing the financial burden and
 2399  benefit of short-term system deficits and surpluses,
 2400  respectively, in proportion to total system payroll.; and
 2401         (c)Allow employees to make their retirement plan selection
 2402  decisions free of circumstances that may cause employers to
 2403  favor one plan choice over another.
 2404         Section 17. Subsection (1) of section 121.71, Florida
 2405  Statutes, is amended to read:
 2406         121.71 Uniform rates; process; calculations; levy.—
 2407         (1) In conducting the system actuarial study required under
 2408  s. 121.031, the actuary shall follow all requirements specified
 2409  thereunder to determine, by Florida Retirement System employee
 2410  membership class, the dollar contribution amounts necessary for
 2411  the next forthcoming fiscal year for the defined benefit
 2412  program. In addition, the actuary shall determine, by Florida
 2413  Retirement System membership class, based on an estimate for the
 2414  forthcoming fiscal year of the gross compensation of employees
 2415  participating in the defined contribution optional retirement
 2416  program, the dollar contribution amounts necessary to make the
 2417  allocations required under ss. 121.72 and 121.73. For each
 2418  employee membership class and subclass, the actuarial study must
 2419  shall establish a uniform rate necessary to fund the benefit
 2420  obligations under both Florida Retirement System retirement
 2421  plans, by dividing the sum of total dollars required by the
 2422  estimated gross compensation of members in both plans.
 2423         Section 18. Section 121.72, Florida Statutes, is amended to
 2424  read:
 2425         121.72 Allocations to optional retirement program
 2426  participant accounts; percentage amounts.—
 2427         (1) The allocations established in subsection (4) shall
 2428  fund retirement benefits under the defined contribution optional
 2429  retirement program and shall be transferred monthly by the
 2430  Division of Retirement from the Florida Retirement System
 2431  Contributions Clearing Trust Fund to the third-party
 2432  administrator for deposit in each participating employee's
 2433  individual account based on the membership class of the
 2434  participant.
 2435         (2) The allocations are stated as a percentage of each
 2436  defined contribution optional retirement program participant's
 2437  gross compensation for the calendar month. A change in a
 2438  contribution percentage is effective the first day of the month
 2439  for which a full month's employer contribution may be made on or
 2440  after the beginning date of the change. Contribution percentages
 2441  may be modified by general law.
 2442         (3) Employer and participant contributions to participant
 2443  accounts shall be accounted for separately. Participant
 2444  contributions may be made only if expressly authorized by law.
 2445  Interest and investment earnings on contributions shall accrue
 2446  on a tax-deferred basis until proceeds are distributed.
 2447         (4) Effective July 1, 2002, allocations from the Florida
 2448  Retirement System Contributions Clearing Trust Fund to defined
 2449  contribution optional retirement program participant accounts
 2450  shall be as follows:
 2451  Membership Class                                  Percentage of Gross Compensation
 2452  Regular Class                                            9.00%       
 2453  Special Risk Class                                      20.00%       
 2454  Special Risk Administrative Support Class               11.35%       
 2455  Elected Officers' Class -  Legislators, Governor,  Lt. Governor, Cabinet Officers,  State Attorneys, Public Defenders      13.40%       
 2456  Elected Officers' Class -  Justices, Judges             18.90%       
 2457  Elected Officers' Class -  County Elected Officers      16.20%       
 2458  Senior Management Service Class                         10.95%       
 2459         
 2460         Section 19. Section 121.73, Florida Statutes, is amended to
 2461  read:
 2462         121.73 Allocations for optional retirement program
 2463  participant disability coverage; percentage amounts.—
 2464         (1) The allocations established in subsection (3) shall be
 2465  used to provide disability coverage for participants in the
 2466  defined contribution optional retirement program and shall be
 2467  transferred monthly by the Division of Retirement from the
 2468  Florida Retirement System Contributions Clearing Trust Fund to
 2469  the disability account of the Florida Retirement System Trust
 2470  Fund.
 2471         (2) The allocations are stated as a percentage of each
 2472  defined contribution optional retirement program participant's
 2473  gross compensation for the calendar month. A change in a
 2474  contribution percentage is effective the first day of the month
 2475  for which a full month's employer contribution may be made on or
 2476  after the beginning date of the change. Contribution percentages
 2477  may be modified by general law.
 2478         (3) Effective July 1, 2002, allocations from the Florida
 2479  Retirement System FRS Contribution Clearing Fund to provide
 2480  disability coverage for participants in the defined contribution
 2481  optional retirement program, and to offset the costs of
 2482  administering said coverage, shall be as follows:
 2483  Membership Class                      Percentage of Gross Compensation
 2484  Regular Class                                     0.25%             
 2485  Special Risk Class                                1.33%             
 2486  Special Risk Administrative Support Class            0.45%             
 2487  Elected Officers' Class -  Legislators, Governor,  Lt. Governor, Cabinet Officers,  State Attorneys, Public Defenders            0.41%             
 2488  Elected Officers' Class -  Justices, Judges            0.73%             
 2489  Elected Officers' Class -  County Elected Officers            0.41%             
 2490  Senior Management Service Class                   0.26%             
 2491         
 2492         Section 20. Section 121.74, Florida Statutes, is amended to
 2493  read:
 2494         121.74 Administrative and educational expenses.—In addition
 2495  to contributions required under s. 121.71, employers
 2496  participating in the Florida Retirement System shall contribute
 2497  an amount equal to 0.05 percent of the payroll reported for each
 2498  class or subclass of Florida Retirement System membership, which
 2499  amount shall be transferred by the Division of Retirement from
 2500  the Florida Retirement System Contributions Clearing Trust Fund
 2501  to the State Board of Administration's Administrative Trust Fund
 2502  to offset the costs of administering the defined contribution
 2503  optional retirement program and the costs of providing
 2504  educational services to participants in the defined benefit
 2505  program and the defined contribution optional retirement
 2506  program. Approval of the Trustees of the State Board of
 2507  Administration is required prior to the expenditure of these
 2508  funds. Payments for third-party administrative or educational
 2509  expenses shall be made only pursuant to the terms of the
 2510  approved contracts for such services.
 2511         Section 21. Section 121.77, Florida Statutes, is amended to
 2512  read:
 2513         121.77 Deductions from participant accounts.—The State
 2514  Board of Administration may authorize the third-party
 2515  administrator to deduct reasonable fees and apply appropriate
 2516  charges to defined contribution optional retirement program
 2517  participant accounts. In no event may shall administrative and
 2518  educational expenses exceed the portion of employer
 2519  contributions earmarked for such expenses under this part,
 2520  except for reasonable administrative charges assessed against
 2521  participant accounts of persons for whom no employer
 2522  contributions are made during the calendar quarter. Investment
 2523  management fees shall be deducted from participant accounts,
 2524  pursuant to the terms of the contract between the provider and
 2525  the board.
 2526         Section 22. Subsection (3) of section 121.78, Florida
 2527  Statutes, is amended to read:
 2528         121.78 Payment and distribution of contributions.—
 2529         (3)(a) Employer contributions and accompanying payroll data
 2530  received after the 5th working day of the month shall be
 2531  considered late. The employer shall be assessed by the Division
 2532  of Retirement a penalty of 1 percent of the contributions due
 2533  for each calendar month or part thereof that the contributions
 2534  or accompanying payroll data are late. Proceeds from the 1
 2535  percent assessment against contributions made on behalf of
 2536  participants of the defined benefit program must shall be
 2537  deposited in the Florida Retirement System Trust Fund, and
 2538  proceeds from the 1-percent assessment against contributions
 2539  made on behalf of participants of the defined contribution
 2540  optional retirement program shall be transferred to the third
 2541  party administrator for deposit into participant accounts, as
 2542  provided in paragraph (b).
 2543         (b) If contributions made by an employer on behalf of
 2544  participants of the defined contribution optional retirement
 2545  program or accompanying payroll data are not received within the
 2546  calendar month they are due, including, but not limited to,
 2547  contribution adjustments as a result of employer errors or
 2548  corrections, and if that delinquency results in market losses to
 2549  participants, the employer shall reimburse each participant's
 2550  account for market losses resulting from the late contributions.
 2551  If a participant has terminated employment and taken a
 2552  distribution, the participant is responsible for returning any
 2553  excess contributions erroneously provided by employers, adjusted
 2554  for any investment gain or loss incurred during the period such
 2555  excess contributions were in the participant's Public Employee
 2556  Optional Retirement Program account. The State Board of
 2557  Administration or its designated agent shall communicate to
 2558  terminated participants any obligation to repay such excess
 2559  contribution amounts. However, the State Board of
 2560  Administration, its designated agents, the Public Employee
 2561  Optional Retirement Investment Program Trust Fund, the
 2562  Department of Management Services, or the Florida Retirement
 2563  System Trust Fund may shall not incur any loss or gain as a
 2564  result of an employer's correction of such excess contributions.
 2565  The third-party administrator, hired by the state board pursuant
 2566  to s. 121.4501(9) s. 121.4501(8), shall calculate the market
 2567  losses for each affected participant. If When contributions made
 2568  on behalf of participants of the defined contribution optional
 2569  retirement program or accompanying payroll data are not received
 2570  within the calendar month due, the employer shall also pay the
 2571  cost of the third-party administrator's calculation and
 2572  reconciliation adjustments resulting from the late
 2573  contributions. The third-party administrator shall notify the
 2574  employer of the results of the calculations and the total amount
 2575  due from the employer for such losses and the costs of
 2576  calculation and reconciliation. The employer shall remit to the
 2577  division the amount due within 10 working days after the date of
 2578  the penalty notice sent by the division. The Division of
 2579  Retirement shall transfer said amount to the third-party
 2580  administrator, which who shall deposit proceeds from the 1
 2581  percent assessment and from individual market losses into
 2582  participant accounts, as appropriate. The board is authorized to
 2583  adopt rules to implement the provisions regarding late
 2584  contributions, late submission of payroll data, the process for
 2585  reimbursing participant accounts for resultant market losses,
 2586  and the penalties charged to the employers.
 2587         (c) Delinquency fees may be waived by the Division of
 2588  Retirement, with regard to defined benefit program
 2589  contributions, and by the State Board of Administration, with
 2590  regard to defined contribution optional retirement program
 2591  contributions, only if when, in the opinion of the division or
 2592  the board, as appropriate, exceptional circumstances beyond the
 2593  employer's control prevented remittance by the prescribed due
 2594  date, notwithstanding the employer's good faith efforts to
 2595  effect delivery. Such a waiver of delinquency may be granted an
 2596  employer only one time each state fiscal year.
 2597         Section 23. The Division of Statutory Revision is directed
 2598  to redesignate the title of part II of chapter 121, Florida
 2599  Statutes, as “Public Employee Retirement Investment Program.”
 2600         Section 24. This act shall take effect July 1, 2009.