SB 2100                                         Second Engrossed
       
       
       
       
       
       
       
       
       20112100e2
       
    1                        A bill to be entitled                      
    2         An act relating to retirement; amending ss. 110.123,
    3         112.0801, 112.363, and 112.65, F.S.; conforming
    4         provisions to changes made by the act; amending s.
    5         121.011, F.S.; requiring employee and employer
    6         contributions to the retirement system by a certain
    7         date; amending s. 121.021, F.S.; redefining the terms
    8         “system,” “prior service,” “compensation,” “average
    9         final compensation,” “normal retirement date,”
   10         “termination,” “benefit,” and “payee”; defining the
   11         term “division”; amending s. 121.051, F.S.; conforming
   12         provisions to changes made by the act; amending s.
   13         121.0515, F.S.; providing that special risk employee
   14         contributions be used, if applicable, when purchasing
   15         credit for past service; conforming a cross-reference;
   16         amending s. 121.052, F.S., relating to the membership
   17         class of elected officers; conforming provisions to
   18         changes made by the act; providing for a refund of
   19         contributions under certain circumstances for an
   20         officer who leaves office; prohibiting such refund if
   21         an approved qualified domestic relations order is
   22         filed against the member’s retirement account;
   23         providing that a member who obtains a refund of
   24         contributions waives certain rights under the Florida
   25         Retirement System; conforming a cross-reference;
   26         amending s. 121.053, F.S.; conforming provisions to
   27         changes made by the act; amending s. 121.055, F.S.,
   28         relating to the Senior Management Service Class;
   29         conforming provisions to changes made by the act;
   30         providing for refunds of employee refunds; prohibiting
   31         a refund of retirement contributions if an approved
   32         qualified domestic relations order is filed against
   33         the member’s retirement account; providing that a
   34         member who obtains a refund of contributions waives
   35         certain rights under the Florida Retirement System;
   36         requiring employee and employer contributions for
   37         members in the Senior Management Service Optional
   38         Annuity Program after a certain date; limiting the
   39         payment of benefits before a member’s termination of
   40         employment; amending s. 121.071, F.S.; requiring
   41         employee and employer contributions to the retirement
   42         system beginning on a certain date; limiting the
   43         payment of benefits before a member’s termination of
   44         employment; requiring repayment plus interest of an
   45         invalid refund; amending s. 121.081, F.S.; providing
   46         requirements for contributions for prior service
   47         performed on or after a certain date; amending s.
   48         121.091, F.S.; conforming a cross-reference; providing
   49         for refunds of employee refunds; limiting the payment
   50         of benefits before a member’s termination of
   51         employment; prohibiting a refund of retirement
   52         contributions if an approved qualified domestic
   53         relations order is filed against the member’s
   54         retirement account; providing that a member who
   55         obtains a refund of contributions waives certain
   56         rights under the Florida Retirement System;
   57         terminating participation in the Deferred Retirement
   58         Option Program after a certain date; revising the
   59         interest rate accruing on DROP benefits after a
   60         certain date; conforming provisions to changes made by
   61         the act; amending s. 121.1001, F.S.; conforming
   62         provisions to changes made by the act; amending s.
   63         121.101, F.S.;. revising the cost-of-living adjustment
   64         depending on the date of retirement; amending s.
   65         121.121, F.S., relating to the purchase of creditable
   66         service following an authorized leave of absence;
   67         requiring that service credit be purchased at the
   68         employee and employer contribution rates in effect
   69         during the leave of absence; reducing the interest
   70         rate on benefits payable under the Deferred Retirement
   71         Option Program for employees hired after a certain
   72         date; amending s. 121.122, F.S.; providing for renewed
   73         membership in the retirement system for retirees who
   74         are reemployed after a certain date; excluding
   75         retirees of the Elected Officers’ Class or the Senior
   76         Management Service Class; specifying requirements and
   77         limitations; amending s. 121.125, F.S.; conforming
   78         provisions to changes made by the act; assessing a
   79         penalty against employers for contributions not paid
   80         after a member becomes eligible for workers’
   81         compensation; amending s. 121.35, F.S., relating to
   82         the optional retirement program for the State
   83         University System; conforming provisions to changes
   84         made by the act; requiring employee and employer
   85         contributions for members participating in the
   86         optional retirement program after a certain date;
   87         deleting certain requirements governing employer
   88         contributions to conform to changes made by the act;
   89         prohibiting certain benefits before termination from
   90         employment; conforming cross-references; amending s.
   91         121.355, F.S.; conforming provisions to changes made
   92         by the act; amending s. 121.4501, F.S.; changing the
   93         name of the Public Employee Optional Retirement
   94         Program to the Florida Retirement System Investment
   95         Plan; limiting the option of enrolling in the State
   96         Retirement System’s defined benefit program or defined
   97         contribution program to public employees employed
   98         before a certain date; requiring certain public
   99         employees employed on or after a certain date to
  100         enroll in the investment plan; providing exceptions;
  101         requiring that plan members make contributions to the
  102         plan based on the employee’s membership class;
  103         revising definitions; revising the benefit
  104         commencement age for members of the special risk
  105         class; providing for contribution adjustments as a
  106         result of errors or corrections; deleting obsolete
  107         provisions relating to the 2002 optional transfer of
  108         public employees from the pension plan to the
  109         investment plan; providing for past employees who
  110         reenter the system; requiring an employer to receive a
  111         credit for excess contributions and to reimburse an
  112         employee for excess contributions, subject to certain
  113         limitations; providing for a retiree to retain his or
  114         her prior plan choice following a return to
  115         employment; limiting certain refunds of contributions
  116         which exceed the amount that would have accrued had
  117         the member remained in the pension plan; providing
  118         certain requirements and limitations with respect to
  119         contributions; clarifying that employee and employer
  120         contributions are earmarked for specified purposes;
  121         providing duties of the third-party administrator;
  122         providing that a member is vested immediately with
  123         respect to employee contributions paid by the
  124         employee; providing for the forfeiture of nonvested
  125         employer contributions and service credit based on
  126         years of service; amending s. 121.4502, F.S.;
  127         conforming provisions to changes made by the act;
  128         amending s. 121.4503, F.S.; providing for the deposit
  129         of employee contributions into the Florida Retirement
  130         System Contributions Clearing Trust Fund; amending s.
  131         121.571, F.S.; conforming provisions to changes made
  132         by the act; providing requirements for submitting
  133         employee contributions; amending s. 121.591, F.S.;
  134         prohibiting the payment of certain benefits before
  135         termination of employment; providing for the
  136         forfeiture of nonvested accumulations upon payment of
  137         certain vested benefits; providing that the
  138         distribution payment method selected by the member or
  139         beneficiary is irrevocable at the time of
  140         distribution; prohibiting a distribution of employee
  141         contributions if a qualified domestic relations order
  142         is filed against the member’s account; providing for
  143         the distribution of an employee’s contributions if the
  144         employee dies before being vested; conforming
  145         provisions to changes made by the act; amending ss.
  146         121.5911 and 121.70, F.S.; conforming provisions to
  147         changes made by the act; amending s. 121.71, F.S.;
  148         providing for employee contributions to be deducted
  149         from the employee’s monthly salary, beginning on a
  150         specified date, and treated as employer contributions
  151         under certain provisions of federal law; clarifying
  152         that an employee may not receive such contributions
  153         directly; specifying the required contribution rate
  154         for all members of the Florida Retirement System;
  155         providing an exception for participants in the
  156         Deferred Retirement Option Program; specifying the
  157         required employer retirement contribution rates for
  158         each membership class and subclass of the system in
  159         order to address unfunded actuarial liabilities of the
  160         system; requiring an assessment to be imposed if the
  161         employee contributions remitted are less than the
  162         amount required; providing for the employer to receive
  163         a credit for excess contributions remitted; conforming
  164         cross-references; amending s. 121.72, F.S.; revising
  165         certain requirements governing allocations to optional
  166         retirement program member accounts; conforming cross
  167         references; amending s. 121.73, F.S., relating to
  168         disability coverage for members of the optional
  169         retirement program; conforming provisions to changes
  170         made by the act; amending ss. 121.74, 121.75, and
  171         121.77, F.S.; conforming provisions to changes made by
  172         the act; conforming cross-references; amending s.
  173         121.78, F.S.; revising certain requirements for
  174         administering the payment and distribution of
  175         contributions; requiring that certain fees be imposed
  176         for delinquent payment; providing that an employer is
  177         responsible for recovering any refund provided to an
  178         employee in error; revising the terms of an authorized
  179         waiver of delinquency; requiring an employer to
  180         receive a credit for excess contributions and to
  181         reimburse an employee for excess contributions,
  182         subject to certain limitations; amending s. 175.121,
  183         F.S.; specifying other sources available to pay the
  184         expenses of the Department of Revenue for
  185         administering firefighters’ pension plans; amending s.
  186         175.341, F.S.; conforming provisions to changes made
  187         by the act; amending s. 185.10, F.S.; specifying other
  188         sources available to pay the expenses of the
  189         department for administering police officers’ pension
  190         plans; amending s. 185.23, F.S.; conforming provisions
  191         to changes made by the act; amending s. 250.22, F.S.;
  192         providing that retirement pay for members of the
  193         Florida National Guard is determined on the date of
  194         retirement and may not be recomputed to reflect an
  195         increase in basic pay; directing the Division of
  196         Retirement to annually adjust retirement pay after a
  197         certain date; amending s. 1012.875, F.S.; requiring
  198         employee and employer contributions for members of the
  199         State Community College System Optional Retirement
  200         Program on a certain date; conforming cross
  201         references; providing that the act fulfills an
  202         important state interest; providing a directive to the
  203         Division of Statutory Revision; requiring the State
  204         Board of Administration and the Department of
  205         Management Services to request a private letter ruling
  206         from the United States Internal Revenue Service
  207         regarding the act; providing an effective date.
  208  
  209  Be It Enacted by the Legislature of the State of Florida:
  210  
  211         Section 1. Paragraph (g) of subsection (2) of section
  212  110.123, Florida Statutes, is amended to read:
  213         110.123 State group insurance program.—
  214         (2) DEFINITIONS.—As used in this section, the term:
  215         (g) “Retired state officer or employee” or “retiree” means
  216  a any state, or state university, officer or employee who
  217  retires under a state retirement system or a state optional
  218  annuity or retirement program or is placed on disability
  219  retirement, and who was insured under the state group insurance
  220  program at the time of retirement, and who begins receiving
  221  retirement benefits immediately after retirement from state or
  222  state university office or employment. The term also includes In
  223  addition to these requirements, any state officer or state
  224  employee who retires under the investment plan Public Employee
  225  Optional Retirement Program established under part II of chapter
  226  121 shall be considered a “retired state officer or employee” or
  227  “retiree” as used in this section if he or she:
  228         1. Meets the age and service requirements to qualify for
  229  normal retirement as set forth in s. 121.021(29); or
  230         2. Has attained the age specified by s. 72(t)(2)(A)(i) of
  231  the Internal Revenue Code and has 6 years of creditable service.
  232         Section 2. Section 112.0801, Florida Statutes, is amended
  233  to read:
  234         112.0801 Group insurance; participation by retired
  235  employees.—
  236         (1) Any state agency, county, municipality, special
  237  district, community college, or district school board that which
  238  provides life, health, accident, hospitalization, or annuity
  239  insurance, or all of any kinds of such insurance, for its
  240  officers and employees and their dependents upon a group
  241  insurance plan or self-insurance plan shall allow all former
  242  personnel who have retired before prior to October 1, 1987, as
  243  well as those who retire on or after such date, and their
  244  eligible dependents, the option of continuing to participate in
  245  the such group insurance plan or self-insurance plan. Retirees
  246  and their eligible dependents shall be offered the same health
  247  and hospitalization insurance coverage as is offered to active
  248  employees at a premium cost of no more than the premium cost
  249  applicable to active employees. For the retired employees and
  250  their eligible dependents, the cost of any such continued
  251  participation in any type of plan or any of the cost thereof may
  252  be paid by the employer or by the retired employees. To
  253  determine health and hospitalization plan costs, the employer
  254  shall commingle the claims experience of the retiree group with
  255  the claims experience of the active employees; and, for other
  256  types of coverage, the employer may commingle the claims
  257  experience of the retiree group with the claims experience of
  258  active employees. Retirees covered under Medicare may be
  259  experience-rated separately from the retirees not covered by
  260  Medicare and from active employees if, provided that the total
  261  premium does not exceed that of the active group and coverage is
  262  basically the same as for the active group.
  263         (2) For purposes of this section, the term “retiree” has
  264  the same meaning as in s. 110.123(2) means any officer or
  265  employee who retires under a state retirement system or a state
  266  optional annuity or retirement program or is placed on
  267  disability retirement and who begins receiving retirement
  268  benefits immediately after retirement from employment. In
  269  addition to these requirements, any officer or employee who
  270  retires under the Public Employee Optional Retirement Program
  271  established under part II of chapter 121 shall be considered a
  272  “retired officer or employee” or “retiree” as used in this
  273  section if he or she:
  274         (a)Meets the age and service requirements to qualify for
  275  normal retirement as set forth in s. 121.021(29); or
  276         (b)Has attained the age specified by s. 72(t)(2)(A)(i) of
  277  the Internal Revenue Code and has 6 years of creditable service.
  278         Section 3. Paragraphs (b) and (c) of subsection (2) and
  279  paragraph (e) of subsection (3) of section 112.363, Florida
  280  Statutes, are amended to read:
  281         112.363 Retiree health insurance subsidy.—
  282         (2) ELIGIBILITY FOR RETIREE HEALTH INSURANCE SUBSIDY.—
  283         (b) For purposes of this section, a person is deemed
  284  retired from a state-administered retirement system when he or
  285  she terminates employment with all employers participating in
  286  the Florida Retirement System as described in s. 121.021(39)
  287  and:
  288         1. For a member participant of the investment plan Public
  289  Employee Optional Retirement program established under part II
  290  of chapter 121, the member participant meets the age or service
  291  requirements to qualify for normal retirement as set forth in s.
  292  121.021(29) and meets the definition of retiree in s.
  293  121.4501(2).
  294         2. For a member of the pension plan Florida Retirement
  295  System defined benefit program, or any employee who maintains
  296  creditable service under both the pension plan and the
  297  investment plan defined benefit program and the Public Employee
  298  Optional Retirement program, the member begins drawing
  299  retirement benefits from the pension plan defined benefit
  300  program of the Florida Retirement System.
  301         (c)1. Effective July 1, 2001, any person retiring on or
  302  after that such date as a member of the Florida Retirement
  303  System, including a member any participant of the investment
  304  plan defined contribution program administered pursuant to part
  305  II of chapter 121, must have satisfied the vesting requirements
  306  for his or her membership class under the pension plan Florida
  307  Retirement System defined benefit program as administered under
  308  part I of chapter 121. However,
  309         2. Notwithstanding the provisions of subparagraph 1., a
  310  person retiring due to disability must either qualify for a
  311  regular or in-line-of-duty disability benefit as provided in s.
  312  121.091(4) or qualify for a disability benefit under a
  313  disability plan established under part II of chapter 121, as
  314  appropriate.
  315         (3) RETIREE HEALTH INSURANCE SUBSIDY AMOUNT.—
  316         (e)1. Beginning July 1, 2001, each eligible retiree of the
  317  pension plan defined benefit program of the Florida Retirement
  318  System, or, if the retiree is deceased, his or her beneficiary
  319  who is receiving a monthly benefit from such retiree’s account
  320  and who is a spouse, or a person who meets the definition of
  321  joint annuitant in s. 121.021(28), shall receive a monthly
  322  retiree health insurance subsidy payment equal to the number of
  323  years of creditable service, as defined in s. 121.021(17),
  324  completed at the time of retirement multiplied by $5; however,
  325  an no eligible retiree or beneficiary may not receive a subsidy
  326  payment of more than $150 or less than $30. If there are
  327  multiple beneficiaries, the total payment may must not be
  328  greater than the payment to which the retiree was entitled. The
  329  health insurance subsidy amount payable to any person receiving
  330  the retiree health insurance subsidy payment on July 1, 2001,
  331  may shall not be reduced solely by operation of this
  332  subparagraph.
  333         2. Beginning July 1, 2002, each eligible member participant
  334  of the investment plan under part II of chapter 121 Public
  335  Employee Optional Retirement program of the Florida Retirement
  336  System who has met the requirements of this section, or, if the
  337  member participant is deceased, his or her spouse who is the
  338  member’s participant’s designated beneficiary, shall receive a
  339  monthly retiree health insurance subsidy payment equal to the
  340  number of years of creditable service, as provided in this
  341  subparagraph, completed at the time of retirement, multiplied by
  342  $5; however, an no eligible retiree or beneficiary may not
  343  receive a subsidy payment of more than $150 or less than $30.
  344  For purposes of determining a member’s participant’s creditable
  345  service used to calculate the health insurance subsidy, the
  346  member’s a participant’s years of service credit or fraction
  347  thereof must shall be based on the member’s participant’s work
  348  year as defined in s. 121.021(54). Credit must shall be awarded
  349  for a full work year if whenever health insurance subsidy
  350  contributions have been made as required by law for each month
  351  in the member’s participant’s work year. In addition, all years
  352  of creditable service retained under the Florida Retirement
  353  System pension plan must defined benefit program shall be
  354  included as creditable service for purposes of this section.
  355  Notwithstanding any other provision in this section to the
  356  contrary, the spouse at the time of death is shall be the
  357  member’s participant’s beneficiary unless such member
  358  participant has designated a different beneficiary subsequent to
  359  the member’s participant’s most recent marriage.
  360         Section 4. Subsection (1) of section 112.65, Florida
  361  Statutes, is amended to read:
  362         112.65 Limitation of benefits.—
  363         (1) ESTABLISHMENT OF PROGRAM.—The normal retirement benefit
  364  or pension payable to a retiree who becomes a member of a any
  365  retirement system or plan and who has not previously
  366  participated in such plan, on or after January 1, 1980, may
  367  shall not exceed 100 percent of his or her average final
  368  compensation. However, nothing contained in this section does
  369  not shall apply to supplemental retirement benefits or to
  370  pension increases attributable to cost-of-living increases or
  371  adjustments. For the purposes of this section, benefits accruing
  372  in individual member participant accounts established under the
  373  investment plan Public Employee Optional Retirement program
  374  established in part II of chapter 121 are considered
  375  supplemental benefits. As used in this section, the term
  376  “average final compensation” means the average of the member’s
  377  earnings over a period of time which the governmental entity
  378  establishes has established by statute, charter, or ordinance.
  379         Section 5. Paragraph (h) is added to subsection (3) of
  380  section 121.011, Florida Statutes, to read:
  381         121.011 Florida Retirement System.—
  382         (3) PRESERVATION OF RIGHTS.—
  383         (h) Effective July 1, 2011, the retirement system shall
  384  require employee and employer contributions as provided in s.
  385  121.071 and part III of this chapter.
  386         Section 6. Subsection (3), paragraph (a) of subsection
  387  (19), paragraphs (a) and (b) of subsection (22), subsections
  388  (24), (29), (39), (45), (55), and (59) of section 121.021,
  389  Florida Statutes, are amended, and subsection (65) is added to
  390  that section, to read:
  391         121.021 Definitions.—The following words and phrases as
  392  used in this chapter have the respective meanings set forth
  393  unless a different meaning is plainly required by the context:
  394         (3) “Florida Retirement System” or “system” means the
  395  general retirement system established by this chapter, to be
  396  known and cited as the “Florida Retirement System,” including,
  397  but not limited to, the defined benefit retirement program
  398  administered under the provisions of part I of this part,
  399  referred to as the “Florida Retirement System Pension Plan” or
  400  “pension plan,” chapter and the defined contribution retirement
  401  program known as the Public Employee Optional Retirement Program
  402  and administered under the provisions of part II of this
  403  chapter, referred to as the “Florida Retirement System
  404  Investment Plan” or “investment plan.
  405         (19) “Prior service” under this chapter means:
  406         (a) Service for which the member had credit under one of
  407  the existing systems and received a refund of his or her
  408  contributions upon termination of employment. Prior service
  409  shall also includes include that service between December 1,
  410  1970, and the date the system becomes noncontributory for which
  411  the member had credit under the Florida Retirement System and
  412  received a refund of his or her contributions upon termination
  413  of employment.
  414         (22) “Compensation” means the monthly salary paid a member
  415  by his or her employer for work performed arising from that
  416  employment.
  417         (a) Before July 1, 2011, compensation includes shall
  418  include:
  419         1. Overtime payments paid from a salary fund.
  420         2. Accumulated annual leave payments.
  421         3. Payments in addition to the employee’s base rate of pay
  422  if all the following apply:
  423         a. The payments are paid according to a formal written
  424  policy that applies to all eligible employees equally;
  425         b. The policy provides that payments shall commence by no
  426  later than the 11th year of employment;
  427         c. The payments are paid for as long as the employee
  428  continues his or her employment; and
  429         d. The payments are paid at least annually.
  430         4. Amounts withheld for tax sheltered annuities or deferred
  431  compensation programs, or any other type of salary reduction
  432  plan authorized under the Internal Revenue Code.
  433         5. Payments made in lieu of a permanent increase in the
  434  base rate of pay, whether made annually or in 12 or 26 equal
  435  payments within a 12-month period, if when the member’s base pay
  436  is at the maximum of his or her pay range. If When a portion of
  437  a member’s annual increase raises his or her pay range and the
  438  excess is paid as a lump sum payment, the such lump sum payment
  439  is considered shall be compensation for retirement purposes.
  440         (b) On or after July 1, 2011, compensation includes:
  441         1. Payments in addition to the employee’s base rate of pay
  442  if the following apply:
  443         a. The payments are paid according to a formal written
  444  policy that applies to all eligible employees equally;
  445         b. The policy provides that payments shall commence by the
  446  11th year of employment; and
  447         c. The payments are paid at least annually.
  448         2. Amounts withheld for tax-sheltered annuities, deferred
  449  compensation programs, or any other type of salary reduction
  450  plan authorized under the Internal Revenue Code.
  451         3. Payments made in lieu of a permanent increase in the
  452  base rate of pay, whether made annually or in 12 or 26 equal
  453  payments within a 12-month period, if the member’s base pay is
  454  at the maximum of his or her pay range. If a portion of a
  455  member’s annual increase raises his or her pay range and the
  456  excess is paid as a lump sum payment, such lump sum payment is
  457  compensation for retirement purposes.
  458         4. Up to 300 hours of overtime payments paid from a salary
  459  fund.
  460         (c)(b)Under no circumstances shall Compensation for a
  461  member participating in the pension plan defined benefit
  462  retirement program or the investment plan Public Employee
  463  Optional Retirement Program of the Florida Retirement System may
  464  not include:
  465         1. Fees paid professional persons for special or particular
  466  services or include salary payments made from a faculty practice
  467  plan authorized by the Board of Governors of the State
  468  University System for eligible clinical faculty at a college in
  469  a state university that has a faculty practice plan; or
  470         2. Any bonuses or other payments prohibited from inclusion
  471  in the member’s average final compensation and defined in
  472  subsection (47).
  473         (24) “Average final compensation” means the average of the
  474  5 highest fiscal years of compensation for creditable service
  475  prior to retirement, termination, or death. For in-line-of-duty
  476  disability benefits, if less than 5 years of creditable service
  477  have been completed, the term “average final compensation” means
  478  the average annual compensation of the total number of years of
  479  creditable service. Each year used to calculate the in the
  480  calculation of average final compensation commences shall
  481  commence on July 1.
  482         (a) Before July 1, 2011:
  483         1. The average final compensation includes shall include:
  484         a.1. Accumulated annual leave payments, not to exceed 500
  485  hours; and
  486         b.2. All payments defined as compensation under this
  487  section in subsection (22).
  488         2.(b) The average final compensation does shall not
  489  include:
  490         a.1. Compensation paid to professional persons for special
  491  or particular services;
  492         b.2. Payments for accumulated sick leave made due to
  493  retirement or termination;
  494         c.3. Payments for accumulated annual leave in excess of 500
  495  hours;
  496         d.4. Bonuses as defined in subsection (47);
  497         e.5.Third-party Third party payments made on and after
  498  July 1, 1990; or
  499         f.6. Fringe benefits, such as (for example, automobile
  500  allowances or housing allowances).
  501         (b) On or after July 1, 2011:
  502         1. The average final compensation includes all payments
  503  defined as compensation under this section.
  504         2. The average final compensation does not include:
  505         a. Compensation paid to professional persons for special or
  506  particular services;
  507         b. Payments for accumulated sick leave made due to
  508  retirement or termination;
  509         c. Payments for accumulated annual leave;
  510         d. Payments for overtime exceeding 300 hours paid from a
  511  salary fund;
  512         e. Bonuses;
  513         f. Third-party payments made on and after July 1, 1990; or
  514         g. Fringe benefits, such as automobile allowances or
  515  housing allowances.
  516         (29) “Normal retirement date” means the date a member
  517  attains normal retirement age and is vested, which is determined
  518  as follows:
  519         (a) If a Regular Class member, a Senior Management Service
  520  Class member, or an Elected Officers’ Class member:
  521         1. The first day of the month the member completes 6 or
  522  more years of creditable service and attains age 62; or
  523         2. The first day of the month following the date the member
  524  completes 30 years of creditable service, regardless of age.
  525         (b) If a Special Risk Class member:
  526         1. The first day of the month the member completes 6 or
  527  more years of creditable service in the Special Risk Class and
  528  attains age 55;
  529         2. The first day of the month following the date the member
  530  completes 25 years of creditable service in the Special Risk
  531  Class, regardless of age; or
  532         3. The first day of the month following the date the member
  533  completes 25 years of creditable service and attains age 52,
  534  which service may include a maximum of 4 years of military
  535  service credit as long as such credit is not claimed under any
  536  other system and the remaining years are in the Special Risk
  537  Class.
  538  
  539  “Normal retirement age” is attained on the “normal retirement
  540  date.”
  541         (39)(a) “Termination” or “terminated” means occurs, except
  542  as provided in paragraph (b), that when a member ceases all
  543  employment relationships with a participating an employer;,
  544  however:
  545         1. For retirements effective before July 1, 2010, if a
  546  member is employed by any such employer within the next calendar
  547  month, termination shall be deemed not to have occurred. A leave
  548  of absence constitutes a continuation of the employment
  549  relationship, except that a leave of absence without pay due to
  550  disability may constitute termination if such member makes
  551  application for and is approved for disability retirement in
  552  accordance with s. 121.091(4). The department or state board may
  553  require other evidence of termination as it deems necessary.
  554         2. For retirements effective on or after July 1, 2010, if a
  555  member is employed by any such employer within the next 6
  556  calendar months, termination shall be deemed not to have
  557  occurred. A leave of absence constitutes a continuation of the
  558  employment relationship, except that a leave of absence without
  559  pay due to disability may constitute termination if such member
  560  makes application for and is approved for disability retirement
  561  in accordance with s. 121.091(4). The department or state board
  562  may require other evidence of termination as it deems necessary.
  563         (b) “Termination” or “terminated” means for a member
  564  electing to participate in the Deferred Retirement Option
  565  Program that occurs when the member program participant ceases
  566  all employment relationships with a participating an employer in
  567  accordance with s. 121.091(13);, however:
  568         1. For termination dates occurring before July 1, 2010, if
  569  the member participant is employed by any such employer within
  570  the next calendar month, termination will be deemed not to have
  571  occurred, except as provided in s. 121.091(13)(b)4.c. A leave of
  572  absence shall constitute a continuation of the employment
  573  relationship.
  574         2. For termination dates occurring on or after July 1,
  575  2010, if the member participant becomes employed by any such
  576  employer within the next 6 calendar months, termination will be
  577  deemed not to have occurred, except as provided in s.
  578  121.091(13)(b)4.c. A leave of absence constitutes a continuation
  579  of the employment relationship.
  580         (c) Effective July 1, 2011, “termination” or “terminated”
  581  means for a member receiving a refund of employee contributions
  582  that the member ceases all employment relationships with a
  583  participating employer for 3 calendar months. A leave of absence
  584  for less than 3 calendar months constitutes a continuation of an
  585  employment relationship.
  586         (45)(a) “Vested” or “vesting” means the guarantee that a
  587  member is eligible to receive a future retirement benefit upon
  588  completion of the required years of creditable service for the
  589  employee’s class of membership, even though the member may have
  590  terminated covered employment before reaching normal or early
  591  retirement date. Being vested does not entitle a member to a
  592  disability benefit. Provisions governing entitlement to
  593  disability benefits are set forth under s. 121.091(4).
  594         (a)(b) Effective July 1, 2001, and for members initially
  595  enrolled before July 1, 2011, a 6-year vesting requirement shall
  596  be implemented for the defined benefit program of the Florida
  597  Retirement System’s pension plan System. Pursuant thereto:
  598         1. Any member employed in a regularly established position
  599  on July 1, 2001, who completes or has completed a total of 6
  600  years of creditable service is shall be considered vested as
  601  described in paragraph (a).
  602         2. Any member not employed in a regularly established
  603  position on July 1, 2001, shall be deemed vested upon completion
  604  of 6 years of creditable service if, provided that such member
  605  is employed in a covered position for at least 1 work year after
  606  July 1, 2001. However, a no member may not shall be required to
  607  complete more years of creditable service than would have been
  608  required for that member to vest under retirement laws in effect
  609  before July 1, 2001.
  610         (b) Any member initially enrolled on or after July 1, 2011,
  611  is vested upon completion of 10 years of creditable service.
  612         (55) “Benefit” means any pension payment, lump-sum or
  613  periodic, to a member, retiree, or beneficiary, based partially
  614  or entirely on employer and employee contributions as
  615  applicable.
  616         (59) “Payee” means a retiree or beneficiary of a retiree
  617  who has received or is receiving a retirement benefit payment.
  618         (65) “Division” means the Division of Retirement in the
  619  department.
  620         Section 7. Paragraphs (b), (c), and (d) of subsection (2)
  621  of section 121.051, Florida Statutes, are amended, present
  622  paragraphs (e) and (f) of that subsection are redesignated as
  623  subsections (f) and (g), respectively, a new subsection (e) is
  624  added to that subsection, and subsection (3) of that section is
  625  amended, to read:
  626         121.051 Participation in the system.—
  627         (2) OPTIONAL PARTICIPATION.—
  628         (b)1. The governing body of any municipality, metropolitan
  629  planning organization, or special district in the state may
  630  elect to participate in the Florida Retirement System upon
  631  proper application to the administrator and may cover all or any
  632  of its units as approved by the Secretary of Health and Human
  633  Services and the administrator. The department shall adopt rules
  634  establishing procedures provisions for the submission of
  635  documents necessary for such application. Before Prior to being
  636  approved for participation in the Florida Retirement System, the
  637  governing body of a any such municipality, metropolitan planning
  638  organization, or special district that has a local retirement
  639  system must shall submit to the administrator a certified
  640  financial statement showing the condition of the local
  641  retirement system as of a date within 3 months before prior to
  642  the proposed effective date of membership in the Florida
  643  Retirement System. The statement must be certified by a
  644  recognized accounting firm that is independent of the local
  645  retirement system. All required documents necessary for
  646  extending Florida Retirement System coverage must be received by
  647  the department for consideration at least 15 days before prior
  648  to the proposed effective date of coverage. If the governing
  649  body municipality, metropolitan planning organization, or
  650  special district does not comply with this requirement, the
  651  department may require that the effective date of coverage be
  652  changed.
  653         2. A municipality Any city, metropolitan planning
  654  organization, or special district that has an existing
  655  retirement system covering the employees in the units that are
  656  to be brought under the Florida Retirement System may
  657  participate only after holding a referendum in which all
  658  employees in the affected units have the right to participate.
  659  Only those employees electing coverage under the Florida
  660  Retirement System by affirmative vote in the said referendum are
  661  shall be eligible for coverage under this chapter, and those not
  662  participating or electing not to be covered by the Florida
  663  Retirement System shall remain in their present systems and are
  664  shall not be eligible for coverage under this chapter. After the
  665  referendum is held, all future employees are shall be compulsory
  666  members of the Florida Retirement System.
  667         3. At the time of joining the Florida Retirement System,
  668  the governing body of a municipality any city, metropolitan
  669  planning organization, or special district complying with
  670  subparagraph 1. may elect to provide, or not provide, benefits
  671  based on past service of officers and employees as described in
  672  s. 121.081(1). However, if such employer elects to provide past
  673  service benefits, such benefits must be provided for all
  674  officers and employees of its covered group.
  675         4. Once this election is made and approved it may not be
  676  revoked, except pursuant to subparagraphs 5. and 6., and all
  677  present officers and employees electing coverage under this
  678  chapter and all future officers and employees are shall be
  679  compulsory members of the Florida Retirement System.
  680         5. Subject to the conditions set forth in subparagraph 6.,
  681  the governing body of a any hospital licensed under chapter 395
  682  which is governed by the board of a special district as defined
  683  in s. 189.403(1) or by the board of trustees of a public health
  684  trust created under s. 154.07, hereinafter referred to as
  685  “hospital district,” and which participates in the Florida
  686  Retirement System, may elect to cease participation in the
  687  system with regard to future employees in accordance with the
  688  following procedure:
  689         a.  No more than 30 days and at least 7 days before
  690  adopting a resolution to partially withdraw from the Florida
  691  Retirement system and establish an alternative retirement plan
  692  for future employees, a public hearing must be held on the
  693  proposed withdrawal and proposed alternative plan.
  694         b. From 7 to 15 days before such hearing, notice of intent
  695  to withdraw, specifying the time and place of the hearing, must
  696  be provided in writing to employees of the hospital district
  697  proposing partial withdrawal and must be published in a
  698  newspaper of general circulation in the area affected, as
  699  provided by ss. 50.011-50.031. Proof of publication must of such
  700  notice shall be submitted to the department of Management
  701  Services.
  702         c. The governing body of a any hospital district seeking to
  703  partially withdraw from the system must, before such hearing,
  704  have an actuarial report prepared and certified by an enrolled
  705  actuary, as defined in s. 112.625(3), illustrating the cost to
  706  the hospital district of providing, through the retirement plan
  707  that the hospital district is to adopt, benefits for new
  708  employees comparable to those provided under the Florida
  709  Retirement system.
  710         d. Upon meeting all applicable requirements of this
  711  subparagraph, and subject to the conditions set forth in
  712  subparagraph 6., partial withdrawal from the system and adoption
  713  of the alternative retirement plan may be accomplished by
  714  resolution duly adopted by the hospital district board. The
  715  hospital district board must provide written notice of such
  716  withdrawal to the division by mailing a copy of the resolution
  717  to the division, postmarked by no later than December 15, 1995.
  718  The withdrawal shall take effect January 1, 1996.
  719         6. Following the adoption of a resolution under sub
  720  subparagraph 5.d., all employees of the withdrawing hospital
  721  district who were members of participants in the Florida
  722  Retirement system before prior to January 1, 1996, shall remain
  723  as members of participants in the system for as long as they are
  724  employees of the hospital district, and all rights, duties, and
  725  obligations between the hospital district, the system, and the
  726  employees shall remain in full force and effect. Any employee
  727  who is hired or appointed on or after January 1, 1996, may not
  728  participate in the Florida Retirement system, and the
  729  withdrawing hospital district has shall have no obligation to
  730  the system with respect to such employees.
  731         (c) Employees of public community colleges or charter
  732  technical career centers sponsored by public community colleges,
  733  designated in s. 1000.21(3), who are members of the Regular
  734  Class of the Florida Retirement System and who comply with the
  735  criteria set forth in this paragraph and s. 1012.875 may, in
  736  lieu of participating in the Florida Retirement System, elect to
  737  withdraw from the system altogether and participate in the State
  738  Community College System Optional Retirement Program provided by
  739  the employing agency under s. 1012.875.
  740         1. Through June 30, 2001, the cost to the employer for a
  741  benefit under the optional retirement program such annuity
  742  equals the normal cost portion of the employer retirement
  743  contribution which would be required if the employee were a
  744  member of the Regular Class pension plan defined benefit
  745  program, plus the portion of the contribution rate required by
  746  s. 112.363(8) which would otherwise be assigned to the Retiree
  747  Health Insurance Subsidy Trust Fund. Effective July 1, 2001,
  748  each employer shall contribute on behalf of each member of
  749  participant in the optional program an amount equal to 10.43
  750  percent of the employee’s participant’s gross monthly
  751  compensation. The employer shall deduct an amount for the
  752  administration of the program. The employer shall contribute an
  753  additional amount to the Florida Retirement System Trust Fund
  754  equal to the unfunded actuarial accrued liability portion of the
  755  Regular Class contribution rate.
  756         2. The decision to participate in the an optional
  757  retirement program is irrevocable as long as the employee holds
  758  a position eligible for participation, except as provided in
  759  subparagraph 3. Any service creditable under the Florida
  760  Retirement System is retained after the member withdraws from
  761  the system; however, additional service credit in the system may
  762  not be earned while a member of the optional retirement program.
  763         3. An employee who has elected to participate in the
  764  optional retirement program shall have one opportunity, at the
  765  employee’s discretion, to transfer from the optional retirement
  766  program to the defined benefit program of the Florida Retirement
  767  System’s pension plan System or to the investment plan
  768  established under part II of this chapter Public Employee
  769  Optional Retirement Program, subject to the terms of the
  770  applicable optional retirement program contracts.
  771         a. If the employee chooses to move to the investment plan
  772  Public Employee Optional Retirement program, any contributions,
  773  interest, and earnings creditable to the employee under the
  774  State Community College System optional retirement program are
  775  retained by the employee in the State Community College System
  776  optional retirement program, and the applicable provisions of s.
  777  121.4501(4) govern the election.
  778         b. If the employee chooses to move to the pension plan
  779  defined benefit program of the Florida Retirement System, the
  780  employee shall receive service credit equal to his or her years
  781  of service under the State Community College System optional
  782  retirement program.
  783         (I) The cost for such credit is the amount representing the
  784  present value of the employee’s accumulated benefit obligation
  785  for the affected period of service. The cost shall be calculated
  786  as if the benefit commencement occurs on the first date the
  787  employee becomes eligible for unreduced benefits, using the
  788  discount rate and other relevant actuarial assumptions that were
  789  used to value the pension Florida Retirement System defined
  790  benefit plan liabilities in the most recent actuarial valuation.
  791  The calculation must include any service already maintained
  792  under the pension defined benefit plan in addition to the years
  793  under the State Community College System optional retirement
  794  program. The present value of any service already maintained
  795  must be applied as a credit to total cost resulting from the
  796  calculation. The division shall ensure that the transfer sum is
  797  prepared using a formula and methodology certified by an
  798  enrolled actuary.
  799         (II) The employee must transfer from his or her State
  800  Community College System optional retirement program account and
  801  from other employee moneys as necessary, a sum representing the
  802  present value of the employee’s accumulated benefit obligation
  803  immediately following the time of such movement, determined
  804  assuming that attained service equals the sum of service in the
  805  pension plan defined benefit program and service in the State
  806  Community College System optional retirement program.
  807         4. Participation in the optional retirement program is
  808  limited to employees who satisfy the following eligibility
  809  criteria:
  810         a. The employee is must be otherwise eligible for
  811  membership or renewed membership in the Regular Class of the
  812  Florida Retirement System, as provided in s. 121.021(11) and
  813  (12) or s. 121.122.
  814         b. The employee is must be employed in a full-time position
  815  classified in the Accounting Manual for Florida’s Public
  816  Community Colleges as:
  817         (I) Instructional; or
  818         (II) Executive Management, Instructional Management, or
  819  Institutional Management, and the, if a community college
  820  determines that recruiting to fill a vacancy in the position is
  821  to be conducted in the national or regional market, and the
  822  duties and responsibilities of the position include the
  823  formulation, interpretation, or implementation of policies, or
  824  the performance of functions that are unique or specialized
  825  within higher education and that frequently support the mission
  826  of the community college.
  827         c. The employee is must be employed in a position not
  828  included in the Senior Management Service Class of the Florida
  829  Retirement System, as described in s. 121.055.
  830         5. Members of Participants in the program are subject to
  831  the same reemployment limitations, renewed membership
  832  provisions, and forfeiture provisions as are applicable to
  833  regular members of the Florida Retirement System under ss.
  834  121.091(9), 121.122, and 121.091(5), respectively. A member
  835  participant who receives a program distribution funded by
  836  employer contributions is shall be deemed to be retired from a
  837  state-administered retirement system if the retiree participant
  838  is subsequently employed with an employer that participates in
  839  the Florida Retirement System.
  840         6. Eligible community college employees are compulsory
  841  members of the Florida Retirement System until, pursuant to s.
  842  1012.875, a written election to withdraw from the system and
  843  participate in the State Community College System optional
  844  retirement program is filed with the program administrator and
  845  received by the division.
  846         a. A community college employee whose program eligibility
  847  results from initial employment shall must be enrolled in the
  848  State Community College System optional retirement program
  849  retroactive to the first day of eligible employment. The
  850  employer retirement contributions paid through the month of the
  851  employee plan change shall be transferred to the community
  852  college to the employee’s optional program account, and,
  853  effective the first day of the next month, the employer shall
  854  pay the applicable contributions based upon subparagraph 1.
  855         b. A community college employee whose program eligibility
  856  is due to the subsequent designation of the employee’s position
  857  as one of those specified in subparagraph 4., or due to the
  858  employee’s appointment, promotion, transfer, or reclassification
  859  to a position specified in subparagraph 4., must be enrolled in
  860  the program on the first day of the first full calendar month
  861  that such change in status becomes effective. The employer
  862  retirement contributions paid from the effective date through
  863  the month of the employee plan change must be transferred to the
  864  community college to the employee’s optional program account,
  865  and, effective the first day of the next month, the employer
  866  shall pay the applicable contributions based upon subparagraph
  867  1.
  868         7. Effective July 1, 2003, through December 31, 2008, any
  869  member participant of the State Community College System
  870  optional retirement program who has service credit in the
  871  pension defined benefit plan of the Florida Retirement System
  872  for the period between his or her first eligibility to transfer
  873  from the pension defined benefit plan to the optional retirement
  874  program and the actual date of transfer may, during employment,
  875  transfer to the optional retirement program a sum representing
  876  the present value of the accumulated benefit obligation under
  877  the pension plan defined benefit retirement program for the
  878  period of service credit. Upon transfer, all service credit
  879  previously earned under the pension plan defined benefit program
  880  of the Florida Retirement System during this period is nullified
  881  for purposes of entitlement to a future benefit under the
  882  pension plan defined benefit program of the Florida Retirement
  883  System.
  884         (d) The governing body of a charter school or a charter
  885  technical career center may elect to participate in the system
  886  upon proper application to the administrator and shall cover its
  887  units as approved by the Secretary of Health and Human Services
  888  and the administrator. Once this election is made and approved,
  889  it may not be revoked, and all present officers and employees
  890  selecting coverage under this chapter and all future officers
  891  and employees shall be compulsory members of the Florida
  892  Retirement System.
  893         (e) All eligible employees initially enrolled on or after
  894  July 1, 2011, who are members of the Elected Officers’ Class and
  895  Senior Management Class are compulsory members of the investment
  896  plan and membership in the revision plan is not permitted except
  897  as provided in s. 121.591, F.S.
  898         (3) SOCIAL SECURITY COVERAGE.—Social security coverage
  899  shall be provided for all officers and employees who become
  900  members under the provisions of subsection (1) or subsection
  901  (2). Any modification of the present agreement with the Social
  902  Security Administration, or referendum required under the Social
  903  Security Act, for the purpose of providing social security
  904  coverage for any member shall be requested by the state agency
  905  in compliance with the applicable provisions of the Social
  906  Security Act governing such coverage. However, retroactive
  907  social security coverage for service prior to December 1, 1970,
  908  with the employer before December 1, 1970, may shall not be
  909  provided for a any member who was not covered under the
  910  agreement as of November 30, 1970. The employer-paid employee
  911  contributions specified in s. 121.71(2) are subject to taxes
  912  imposed under the Federal Insurance Contributions Act, 26 U.S.C.
  913  ss. 3101-3128.
  914         Section 8. Paragraph (b) of subsection (5), paragraph (a)
  915  of subsection (7), and paragraph (c) of subsection (9) of
  916  section 121.0515, Florida Statutes, are amended to read:
  917         121.0515 Special risk membership.—
  918         (5) CREDIT FOR PAST SERVICE.—A special risk member may
  919  purchase retirement credit in the Special Risk Class based upon
  920  past service, and may upgrade retirement credit for such past
  921  service, to the extent of 2 percent of the member’s average
  922  monthly compensation as specified in s. 121.091(1)(a) for such
  923  service as follows:
  924         (b) Contributions for upgrading the additional special risk
  925  credit are pursuant to this subsection shall be equal to the
  926  difference in the employer and, if applicable, employee
  927  contributions paid and the special risk percentage rate of gross
  928  salary in effect at the time of purchase for the period being
  929  claimed, plus interest thereon at the rate of 4 percent a year
  930  compounded annually from the date of such service until July 1,
  931  1975, and 6.5 percent a year thereafter until the date of
  932  payment. This Past service may be purchased by the member or by
  933  the employer on behalf of the member.
  934         (7) RETENTION OF SPECIAL RISK NORMAL RETIREMENT DATE.—
  935         (a) A special risk member who is moved or reassigned to a
  936  nonspecial risk law enforcement, firefighting, correctional, or
  937  emergency medical care administrative support position within
  938  with the same agency, or who is subsequently employed in such a
  939  position with any law enforcement, firefighting, correctional,
  940  or emergency medical care agency under the Florida Retirement
  941  System, shall participate in the Special Risk Administrative
  942  Support Class and shall earn credit for such service at the same
  943  percentage rate as that earned by a regular member.
  944  Notwithstanding the provisions of subsection (4), service in
  945  such an administrative support position shall, for purposes of
  946  s. 121.091, applies apply toward satisfaction of the special
  947  risk normal retirement date, as defined in s. 121.021(29)(b) if,
  948  provided that, while in such position, the member remains
  949  certified as a law enforcement officer, firefighter,
  950  correctional officer, emergency medical technician, or
  951  paramedic; remains subject to reassignment at any time to a
  952  position qualifying for special risk membership; and completes
  953  an aggregate of 6 or more years of service as a designated
  954  special risk member before prior to retirement.
  955         (9) CREDIT FOR UPGRADED SERVICE.—
  956         (c) Any member of the Special Risk Class who has earned
  957  creditable service in another membership class of the Florida
  958  Retirement System in a position with the Department of Law
  959  Enforcement or the Division of State Fire Marshal and became
  960  covered by the Special Risk Class as described in paragraph
  961  (2)(i), or with a local government law enforcement agency or
  962  medical examiner’s office and became covered by the Special Risk
  963  Class as described in paragraph (2)(j), which service is within
  964  the purview of the Special Risk Class, and is employed in such
  965  position on or after July 1, 2008, may purchase additional
  966  retirement credit to upgrade such service to Special Risk Class
  967  service, to the extent of the percentages of the member’s
  968  average final compensation provided in s. 121.091(1)(a)2. The
  969  cost for such credit must shall be an amount representing the
  970  actuarial accrued liability for the difference in accrual value
  971  during the affected period of service. The cost shall be
  972  calculated using the discount rate and other relevant actuarial
  973  assumptions that were used to value the Florida Retirement
  974  System’s pension System defined benefit plan liabilities in the
  975  most recent actuarial valuation. The division shall ensure that
  976  the transfer sum is prepared using a formula and methodology
  977  certified by an enrolled actuary. The cost must be paid
  978  immediately upon notification by the division. The local
  979  government employer may purchase the upgraded service credit on
  980  behalf of the member if the member has been employed by that
  981  employer for at least 3 years.
  982         Section 9. Paragraphs (a) and (d) of subsection (4) and
  983  paragraph (b) of subsection (7) of section 121.052, Florida
  984  Statutes, are amended, present paragraph (c) of subsection (7)
  985  of that section is redesignated as paragraph (d), a new
  986  paragraph (c) is added to that subsection, and subsection (8) of
  987  that section is amended, to read:
  988         121.052 Membership class of elected officers.—
  989         (4) PARTICIPATION BY ELECTED OFFICERS SERVING A SHORTENED
  990  TERM DUE TO APPORTIONMENT, FEDERAL INTERVENTION, ETC.—
  991         (a) An Any duly elected officer whose term of office was
  992  shortened by legislative or judicial apportionment pursuant to
  993  the provisions of s. 16, Art. III of the State Constitution may,
  994  after the term of office to which he or she was elected is
  995  completed, pay into the Florida Retirement System Trust Fund the
  996  amount of contributions that would have been made by the officer
  997  or the officer’s employer on his or her behalf, plus 4 percent
  998  interest compounded annually from the date he or she left office
  999  until July 1, 1975, and 6.5 percent interest compounded annually
 1000  thereafter, and may receive service credit for the length of
 1001  time the officer would have served if such term had not been
 1002  shortened by apportionment.
 1003         (d)1. Any justice or judge, or any retired justice or judge
 1004  who retired before July 1, 1993, who has attained the age of 70
 1005  years and who is prevented under s. 8, Art. V of the State
 1006  Constitution from completing his or her term of office because
 1007  of age may elect to purchase credit for all or a portion of the
 1008  months he or she would have served during the remainder of the
 1009  term of office; however, but he or she may claim those months
 1010  only after the date the service would have occurred. The justice
 1011  or judge must pay into the Florida Retirement System Trust Fund
 1012  the amount of contributions that would have been made by the
 1013  employer on his or her behalf for the period of time being
 1014  claimed, plus 6.5 percent interest thereon compounded each June
 1015  30 from the date he or she left office, in order to receive
 1016  service credit in this class for the period of time being
 1017  claimed. After the date the service would have occurred, and
 1018  upon payment of the required contributions, the retirement
 1019  benefit of a retired justice or judge shall will be adjusted
 1020  prospectively to include the this additional creditable service;
 1021  however, such adjustment may be made only once.
 1022         2. Any justice or judge who does not seek election to a
 1023  subsequent term of office because he or she would be prevented
 1024  under s. 8, Art. V of the State Constitution from completing
 1025  such term of office upon attaining the age of 70 years may elect
 1026  to purchase service credit for service as a temporary judge as
 1027  assigned by the court if the temporary assignment follows
 1028  immediately follows the last full term of office served and the
 1029  purchase is limited to the number of months of service needed to
 1030  vest retirement benefits. To receive retirement credit for such
 1031  temporary service beyond termination, the justice or judge must
 1032  pay into the Florida Retirement System Trust Fund the amount of
 1033  contributions that would have been made by the justice or judge
 1034  and the employer on his or her behalf had he or she continued in
 1035  office for the period of time being claimed, plus 6.5 percent
 1036  interest thereon compounded each June 30 from the date he or she
 1037  left office.
 1038         (7) CONTRIBUTIONS.—
 1039         (b) The employer paying the salary of a member of the
 1040  Elected Officers’ Class shall contribute an amount as specified
 1041  in this subsection or s. 121.71, as appropriate, which shall
 1042  constitute the entire employer retirement contribution with
 1043  respect to such member. The employer shall also withhold one
 1044  half of the entire contribution of the member required for
 1045  social security coverage. Effective July 1, 2011, members of the
 1046  Elected Officers’ Class shall pay retirement contributions as
 1047  specified in s. 121.71.
 1048         (c) If a member of the Elected Officers’ Class ceases to
 1049  fill an office covered by this class for 3 calendar months for
 1050  any reason other than retirement and has not been employed in
 1051  any capacity with any participating employer for 3 calendar
 1052  months, the member is entitled to receive a refund of all
 1053  contributions he or she made to the pension plan, subject to the
 1054  restrictions otherwise provided in this chapter. Partial refunds
 1055  are not permitted. The refund may not include any interest
 1056  earnings on contributions to the pension plan. Employer
 1057  contributions made on behalf of the member are not refundable. A
 1058  member may not receive a refund of employee contributions if a
 1059  pending or an approved qualified domestic relations order is
 1060  filed against the member’s retirement account. By obtaining a
 1061  refund of contributions, a member waives all rights under the
 1062  Florida Retirement System, including the health insurance
 1063  subsidy under this subsection, to the service credit represented
 1064  by the refunded contributions, except the right to purchase
 1065  prior service credit in accordance with s. 121.081(2).
 1066         (8) NORMAL RETIREMENT DATE; VESTING REQUIREMENT.—A member
 1067  of the Elected Officers’ Class has shall have the same normal
 1068  retirement date as defined in s. 121.021(29) for a member of the
 1069  regular class of the Florida Retirement System. A Any public
 1070  service commissioner who was removed from the Elected State
 1071  Officers’ Class on July 1, 1979, after attaining at least 8
 1072  years of creditable service in that class is shall be considered
 1073  to have reached the normal retirement date upon attaining the
 1074  required age as provided 62 as required in s. 121.021(29)(a).
 1075         Section 10. Paragraph (a) of subsection (7) of section
 1076  121.053, Florida Statutes, is amended to read:
 1077         121.053 Participation in the Elected Officers’ Class for
 1078  retired members.—
 1079         (7) A member who is elected or appointed to an elective
 1080  office and who is participating in the Deferred Retirement
 1081  Option Program is not subject to termination as defined in s.
 1082  121.021, or reemployment limitations as provided in s.
 1083  121.091(9), until the end of his or her current term of office
 1084  or, if the officer is consecutively elected or reelected to an
 1085  elective office eligible for coverage under the Florida
 1086  Retirement System, until he or she no longer holds an elective
 1087  office, as follows:
 1088         (a) At the end of the 60-month DROP period:
 1089         1. The officer’s DROP account may not accrue additional
 1090  monthly benefits, but does continue to earn interest as provided
 1091  in s. 121.091(13). However, an officer whose DROP participation
 1092  begins on or after July 1, 2010, may not continue to earn such
 1093  interest.
 1094         2. Except for unfunded actuarial liability and health
 1095  insurance subsidy contributions required under ss. 121.71(5) and
 1096  121.76, retirement contributions are not required of the
 1097  employer of the elected officer and additional retirement credit
 1098  may not be earned under the Florida Retirement System.
 1099         Section 11. Paragraphs (b) and (j) of subsection (1),
 1100  paragraph (b) of subsection (3), and paragraphs (c), (d), and
 1101  (e) of subsection (6) of section 121.055, Florida Statutes, are
 1102  amended, present paragraph (c) of subsection (3) of that section
 1103  is redesignated as paragraph (d), and a new paragraph (c) is
 1104  added to that subsection, to read:
 1105         121.055 Senior Management Service Class.—There is hereby
 1106  established a separate class of membership within the Florida
 1107  Retirement System to be known as the “Senior Management Service
 1108  Class,” which shall become effective February 1, 1987.
 1109         (1)
 1110         (b)1. Except as provided in subparagraph 2., effective
 1111  January 1, 1990, participation in the Senior Management Service
 1112  Class is shall be compulsory for the president of each community
 1113  college, the manager of each participating city or county, and
 1114  all appointed district school superintendents. Effective January
 1115  1, 1994, additional positions may be designated for inclusion in
 1116  the Senior Management Service Class if of the Florida Retirement
 1117  System, provided that:
 1118         a. Positions to be included in the class are shall be
 1119  designated by the local agency employer. Notice of intent to
 1120  designate positions for inclusion in the class must shall be
 1121  published once a week for 2 consecutive weeks in a newspaper of
 1122  general circulation published in the county or counties
 1123  affected, as provided under in chapter 50.
 1124         b. Up to 10 nonelective full-time positions may be
 1125  designated for each local agency employer reporting to the
 1126  department of Management Services; for local agencies with 100
 1127  or more regularly established positions, additional nonelective
 1128  full-time positions may be designated, up to not to exceed 1
 1129  percent of the regularly established positions within the
 1130  agency.
 1131         c. Each position added to the class must be a managerial or
 1132  policymaking position filled by an employee who is not subject
 1133  to continuing contract and serves at the pleasure of the local
 1134  agency employer without civil service protection, and who:
 1135         (I) Heads an organizational unit; or
 1136         (II) Has responsibility to effect or recommend personnel,
 1137  budget, expenditure, or policy decisions in his or her areas of
 1138  responsibility.
 1139         2. In lieu of participation in the Senior Management
 1140  Service Class, members of the Senior Management Service class,
 1141  pursuant to the provisions of subparagraph 1., may withdraw from
 1142  the Florida Retirement System altogether. The decision to
 1143  withdraw from the Florida Retirement system is shall be
 1144  irrevocable for as long as the employee holds the such a
 1145  position. Any service creditable under the Senior Management
 1146  Service Class shall be retained after the member withdraws from
 1147  the Florida Retirement system; however, additional service
 1148  credit in the Senior Management Service Class may shall not be
 1149  earned after such withdrawal. Such members are shall not be
 1150  eligible to participate in the Senior Management Service
 1151  Optional Annuity Program.
 1152         3. Effective January 1, 2006, through June 30, 2006, an
 1153  employee who has withdrawn from the Florida Retirement System
 1154  under subparagraph 2. has one opportunity to elect to
 1155  participate in either the pension plan or investment plan
 1156  defined benefit program or the Public Employee Optional
 1157  Retirement Program of the Florida Retirement System.
 1158         a. If the employee elects to participate in the investment
 1159  plan Public Employee Optional Retirement Program, membership is
 1160  shall be prospective, and the applicable provisions of s.
 1161  121.4501(4) shall govern the election.
 1162         b. If the employee elects to participate in the pension
 1163  plan defined benefit program of the Florida Retirement System,
 1164  the employee shall, upon payment to the system trust fund of the
 1165  amount calculated under sub-sub-subparagraph (I), receive
 1166  service credit for prior service based upon the time during
 1167  which the employee had withdrawn from the system.
 1168         (I) The cost for such credit shall be an amount
 1169  representing the actuarial accrued liability for the affected
 1170  period of service. The cost shall be calculated using the
 1171  discount rate and other relevant actuarial assumptions that were
 1172  used to value pension the Florida Retirement System defined
 1173  benefit plan liabilities in the most recent actuarial valuation.
 1174  The calculation must shall include any service already
 1175  maintained under the pension defined benefit plan in addition to
 1176  the period of withdrawal. The actuarial accrued liability
 1177  attributable to any service already maintained under the pension
 1178  defined benefit plan shall be applied as a credit to the total
 1179  cost resulting from the calculation. The division must shall
 1180  ensure that the transfer sum is prepared using a formula and
 1181  methodology certified by an actuary.
 1182         (II) The employee must transfer a sum representing the net
 1183  cost owed for the actuarial accrued liability in sub-sub
 1184  subparagraph (I) immediately following the time of such
 1185  movement, determined assuming that attained service equals the
 1186  sum of service in the pension plan defined benefit program and
 1187  the period of withdrawal.
 1188         (j) Except as may otherwise be provided, a any member of
 1189  the Senior Management Service Class may purchase additional
 1190  retirement credit in such class for creditable service within
 1191  the purview of the Senior Management Service Class retroactive
 1192  to February 1, 1987, and may upgrade retirement credit for such
 1193  service, to the extent of 2 percent of the member’s average
 1194  monthly compensation as specified in paragraph (4)(d) for such
 1195  service. Contributions for upgrading the additional Senior
 1196  Management Service credit are pursuant to this paragraph shall
 1197  be equal to the difference in the employer and, if applicable,
 1198  employee contributions paid and the Senior Management Service
 1199  Class contribution rate as a percentage of gross salary in
 1200  effect for the period being claimed, plus interest thereon at
 1201  the rate of 6.5 percent a year, compounded annually until the
 1202  date of payment. The This service credit may be purchased by the
 1203  employer on behalf of the member.
 1204         (3)
 1205         (b) The employer or member of the Senior Management Service
 1206  Class, as applicable, paying the salary of a member of the
 1207  Senior Management Service Class shall contribute an amount as
 1208  specified in this section or s. 121.71, as appropriate, which
 1209  shall constitute the entire employer retirement contribution
 1210  with respect to such member. The employer shall also withhold
 1211  one-half of the entire contribution of the member required for
 1212  social security coverage. Effective July 1, 2011, each member
 1213  shall pay employee contributions as specified in s. 121.71.
 1214         (c) Upon termination of employment from all participating
 1215  employers for 3 calendar months as defined in s. 121.021(39)(c)
 1216  for any reason other than retirement, a member may receive a
 1217  refund of all contributions he or she has made to the pension
 1218  plan, subject to the restrictions otherwise provided in this
 1219  chapter. Partial refunds are not permitted. The refund may not
 1220  include any interest earnings on the contributions for a member
 1221  of the pension plan. Employer contributions made on behalf of
 1222  the member are not refundable. A member may not receive a refund
 1223  of employee contributions if a pending or an approved qualified
 1224  domestic relations order is filed against the member’s
 1225  retirement account. By obtaining a refund of contributions, a
 1226  member waives all rights under the Florida Retirement System and
 1227  the health insurance subsidy provided under s. 112.363 to the
 1228  service credit represented by the refunded contributions, except
 1229  the right to purchase prior service credit in accordance with s.
 1230  121.081(2).
 1231         (6)
 1232         (c) Participation.—
 1233         1. An eligible employee who is employed on or before
 1234  February 1, 1987, may elect to participate in the optional
 1235  annuity program in lieu of participating participation in the
 1236  Senior Management Service Class. Such election must be made in
 1237  writing and filed with the department and the personnel officer
 1238  of the employer on or before May 1, 1987. An eligible employee
 1239  who is employed on or before February 1, 1987, and who fails to
 1240  make an election to participate in the optional annuity program
 1241  by May 1, 1987, shall be deemed to have elected membership in
 1242  the Senior Management Service Class.
 1243         2. Except as provided in subparagraph 6., an employee who
 1244  becomes eligible to participate in the optional annuity program
 1245  by reason of initial employment commencing after February 1,
 1246  1987, may, within 90 days after the date of commencing
 1247  employment, elect to participate in the optional annuity
 1248  program. Such election must be made in writing and filed with
 1249  the personnel officer of the employer. An eligible employee who
 1250  does not within 90 days after commencing employment elect to
 1251  participate in the optional annuity program shall be deemed to
 1252  have elected membership in the Senior Management Service Class.
 1253         3. A person who is appointed to a position in the Senior
 1254  Management Service Class and who is a member of an existing
 1255  retirement system or the Special Risk or Special Risk
 1256  Administrative Support Classes of the Florida Retirement System
 1257  may elect to remain in such system or class in lieu of
 1258  participating participation in the Senior Management Service
 1259  Class or optional annuity program. Such election must be made in
 1260  writing and filed with the department and the personnel officer
 1261  of the employer within 90 days after of such appointment. An Any
 1262  eligible employee who fails to make an election to participate
 1263  in the existing system, the Special Risk Class of the Florida
 1264  Retirement System, the Special Risk Administrative Support Class
 1265  of the Florida Retirement System, or the optional annuity
 1266  program shall be deemed to have elected membership in the Senior
 1267  Management Service Class.
 1268         4. Except as provided in subparagraph 5., an employee’s
 1269  election to participate in the optional annuity program is
 1270  irrevocable if the employee continues to be employed in an
 1271  eligible position and continues to meet the eligibility
 1272  requirements set forth in this paragraph.
 1273         5. Effective from July 1, 2002, through September 30, 2002,
 1274  an any active employee in a regularly established position who
 1275  has elected to participate in the Senior Management Service
 1276  Optional Annuity Program has one opportunity to choose to move
 1277  from the Senior Management Service Optional Annuity Program to
 1278  the Florida Retirement System’s pension plan System defined
 1279  benefit program.
 1280         a. The election must be made in writing and must be filed
 1281  with the department and the personnel officer of the employer
 1282  before October 1, 2002, or, in the case of an active employee
 1283  who is on a leave of absence on July 1, 2002, within 90 days
 1284  after the conclusion of the leave of absence. This election is
 1285  irrevocable.
 1286         b. The employee shall receive service credit under the
 1287  pension plan defined benefit program of the Florida Retirement
 1288  System equal to his or her years of service under the Senior
 1289  Management Service Optional Annuity Program. The cost for such
 1290  credit is the amount representing the present value of that
 1291  employee’s accumulated benefit obligation for the affected
 1292  period of service.
 1293         c. The employee must transfer the total accumulated
 1294  employer contributions and earnings on deposit in his or her
 1295  Senior Management Service Optional Annuity Program account. If
 1296  the transferred amount is not sufficient to pay the amount due,
 1297  the employee must pay a sum representing the remainder of the
 1298  amount due. The employee may not retain any employer
 1299  contributions or earnings thereon from the Senior Management
 1300  Service Optional Annuity Program account.
 1301         6. A retiree of a state-administered retirement system who
 1302  is initially reemployed on or after July 1, 2010, may not renew
 1303  membership in the Senior Management Service Optional Annuity
 1304  Program.
 1305         (d) Contributions.—
 1306         1.a. Through June 30, 2001, each employer shall contribute
 1307  on behalf of each member of participant in the Senior Management
 1308  Service Optional Annuity Program an amount equal to the normal
 1309  cost portion of the employer retirement contribution which would
 1310  be required if the employee participant were a Senior Management
 1311  Service Class member of the Florida Retirement System’s pension
 1312  plan System defined benefit program, plus the portion of the
 1313  contribution rate required in s. 112.363(8) which that would
 1314  otherwise be assigned to the Retiree Health Insurance Subsidy
 1315  Trust Fund.
 1316         b. Effective July 1, 2001, each employer shall contribute
 1317  on behalf of each member of participant in the optional annuity
 1318  program an amount equal to 12.49 percent of the employee’s
 1319  participant’s gross monthly compensation.
 1320         c.Effective July 1, 2011, each member of the optional
 1321  annuity program shall contribute an amount equal to the employee
 1322  contribution required in s. 121.71(3). The employer shall
 1323  contribute on behalf of each such employee an amount equal to
 1324  the difference between 12.49 percent of the employee’s gross
 1325  monthly compensation and the amount equal to the employee’s
 1326  required contribution based on the employee’s gross monthly
 1327  compensation.
 1328         d.The department shall deduct an amount approved by the
 1329  Legislature to provide for the administration of this program.
 1330  The Payment of the contributions, including contributions made
 1331  by the employee, to the optional program which is required by
 1332  this subparagraph for each participant shall be made by the
 1333  employer to the department, which shall forward the
 1334  contributions to the designated company or companies contracting
 1335  for payment of benefits for members of the participant under the
 1336  optional annuity program. The department shall deduct an amount
 1337  approved by the Legislature to provide for the administration of
 1338  the program.
 1339         2. Each employer shall contribute on behalf of each member
 1340  of participant in the Senior Management Service Optional Annuity
 1341  Program an amount equal to the unfunded actuarial accrued
 1342  liability portion of the employer contribution which would be
 1343  required for members of the Senior Management Service Class in
 1344  the Florida Retirement System. This contribution shall be paid
 1345  to the department for transfer to the Florida Retirement System
 1346  Trust Fund.
 1347         3. An Optional Annuity Program Trust Fund shall be
 1348  established in the State Treasury and administered by the
 1349  department to make payments to provider companies on behalf of
 1350  the optional annuity program members participants, and to
 1351  transfer the unfunded liability portion of the state optional
 1352  annuity program contributions to the Florida Retirement System
 1353  Trust Fund.
 1354         4. Contributions required for social security by each
 1355  employer and each employee participant, in the amount required
 1356  for social security coverage as now or hereafter may be provided
 1357  by the federal Social Security Act, shall be maintained for each
 1358  member of participant in the Senior Management Service
 1359  retirement program and are shall be in addition to the
 1360  retirement contributions specified in this paragraph.
 1361         5. Each member of participant in the Senior Management
 1362  Service optional annuity program may contribute by way of salary
 1363  reduction or deduction a percentage amount of the employee’s
 1364  participant’s gross compensation not to exceed the percentage
 1365  amount contributed by the employer to the optional annuity
 1366  program. Payment of the employee’s participant’s contributions
 1367  shall be made by the employer to the department, which shall
 1368  forward the contributions to the designated company or companies
 1369  contracting for payment of benefits for members the participant
 1370  under the program.
 1371         (e) Benefits.—
 1372         1. Benefits under the Senior Management Service Optional
 1373  Annuity Program are payable only to members of participants in
 1374  the program, or their beneficiaries as designated by the member
 1375  participant in the contract with the provider company, and must
 1376  be paid by the designated company in accordance with the terms
 1377  of the annuity contract applicable to the member participant. A
 1378  member participant must be terminated from all employment
 1379  relationships with Florida Retirement System employers as
 1380  provided in s. 121.021(39) to begin receiving the employer
 1381  funded and employee-funded benefit. Benefits funded by employer
 1382  and employee contributions are payable under the terms of the
 1383  contract to the member participant, his or her beneficiary, or
 1384  his or her estate, in addition to:
 1385         a. A lump-sum payment to the beneficiary upon the death of
 1386  the member participant;
 1387         b. A cash-out of a de minimis account upon the request of a
 1388  former member participant who has been terminated for a minimum
 1389  of 6 calendar months from the employment that entitled him or
 1390  her to optional annuity program participation. Such cash-out
 1391  must be a complete liquidation of the account balance with that
 1392  company and is subject to the Internal Revenue Code;
 1393         c. A mandatory distribution of a de minimis account of a
 1394  former member participant who has been terminated for a minimum
 1395  of 6 calendar months from the employment that entitled him or
 1396  her to optional annuity program participation as authorized by
 1397  the department; or
 1398         d. A lump-sum direct rollover distribution whereby all
 1399  accrued benefits, plus interest and investment earnings, are
 1400  paid from the member’s participant’s account directly to the
 1401  custodian of an eligible retirement plan, as defined in s.
 1402  402(c)(8)(B) of the Internal Revenue Code, on behalf of the
 1403  member participant.
 1404         2. Benefits are not payable for employee hardships,
 1405  unforeseeable emergencies, loans, medical expenses, educational
 1406  expenses, purchase of a principal residence, payments necessary
 1407  to prevent eviction or foreclosure on an employee’s principal
 1408  residence, or any other reason before termination from all
 1409  employment relationships with participating employers, as
 1410  provided in s. 121.021(39).
 1411         3.2. The benefits payable to any person under the Senior
 1412  Management Service optional annuity program, and any
 1413  contribution accumulated under such program, are not subject to
 1414  assignment, execution, or attachment or to any legal process
 1415  whatsoever.
 1416         4.3. Except as provided in subparagraph 5. 4., a member
 1417  participant who terminates employment and receives a
 1418  distribution, including a rollover or trustee-to-trustee
 1419  transfer, funded by employer or employee contributions is shall
 1420  be deemed to be retired from a state-administered retirement
 1421  system if the retiree participant is subsequently employed with
 1422  an employer that participates in the Florida Retirement System.
 1423         5.4. A member participant who receives optional annuity
 1424  program benefits funded by employer or employee contributions as
 1425  a mandatory distribution of a de minimis account authorized by
 1426  the department is not considered a retiree.
 1427  
 1428  As used in this paragraph, a “de minimis account” means an
 1429  account with a provider company containing employer or employee
 1430  contributions and accumulated earnings of not more than $5,000
 1431  made under this chapter.
 1432         Section 12. Subsections (2) and (5) and paragraph (c) of
 1433  subsection (6) of section 121.071, Florida Statutes, are
 1434  amended, present paragraph (d) of subsection (6) of that section
 1435  is redesignated as paragraph (e), and a new paragraph (d) is
 1436  added to that subsection, to read:
 1437         121.071 Contributions.—Contributions to the system shall be
 1438  made as follows:
 1439         (2)(a) Effective January 1, 1975, or October 1, 1975, as
 1440  applicable, and through June 30, 2011, each employer shall make
 1441  accomplish the contribution required by subsection (1) by a
 1442  procedure in which no employee’s gross salary is shall be
 1443  reduced. Effective July 1, 2011, each employee, and his or her
 1444  employer, shall pay retirement contributions as specified in s.
 1445  121.71.
 1446         (b) Upon termination of employment from all participating
 1447  employers for 3 calendar months as defined in s. 121.021(39)(c)
 1448  for any reason other than retirement, a member may receive a
 1449  shall be entitled to a full refund of all the contributions he
 1450  or she has made to the pension prior or subsequent to
 1451  participation in the noncontributory plan, subject to the
 1452  restrictions otherwise provided in this chapter. Partial refunds
 1453  are not permitted. The refund may not include any interest
 1454  earnings on the contributions for a member of the pension plan.
 1455  Employer contributions made on behalf of the member are not
 1456  refundable. A member may not receive a refund of employee
 1457  contributions if a pending or an approved qualified domestic
 1458  relations order is filed against his or her retirement account.
 1459  By obtaining a refund of contributions, a member waives all
 1460  rights under the Florida Retirement System and the health
 1461  insurance subsidy to the service credit represented by the
 1462  refunded contributions, except the right to purchase prior
 1463  service credit in accordance with s. 121.081(2).
 1464         (5) Contributions made in accordance with subsections (1),
 1465  (2), (3), and (4), and s. 121.71 shall be paid by the employer
 1466  into the system trust funds in accordance with rules adopted by
 1467  the administrator pursuant to chapter 120, except as may be
 1468  otherwise specified herein. Effective July 1, 2002,
 1469  contributions paid under subsections (1) and (4) and
 1470  accompanying payroll data are due and payable by no later than
 1471  the 5th working day of the month immediately following the month
 1472  during which the payroll period ended.
 1473         (6)
 1474         (c) By obtaining a refund of contributions, a member waives
 1475  all rights under the Florida Retirement System, including the
 1476  health insurance subsidy under subsection (4), to the service
 1477  credit represented by the refunded contributions, except the
 1478  right to purchase his or her prior service credit in accordance
 1479  with s. 121.081(2).
 1480         (d) If a member or former member of the pension plan
 1481  receives an invalid refund from the Florida Retirement System
 1482  Trust Fund, such person must repay the full amount of the
 1483  refund, plus interest at 6.5 percent compounded annually on each
 1484  June 30 from the date of refund until full repayment is made.
 1485  The invalid refund must be repaid before the member retires or,
 1486  if applicable, transfers to the investment plan.
 1487         Section 13. Paragraphs (b) and (c) of subsection (1) and
 1488  subsection (2) of section 121.081, Florida Statutes, are amended
 1489  to read:
 1490         121.081 Past service; prior service; contributions.
 1491  Conditions under which past service or prior service may be
 1492  claimed and credited are:
 1493         (1)
 1494         (b) Past service earned after January 1, 1975, may be
 1495  claimed by officers or employees of a municipality, metropolitan
 1496  planning organization, charter school, charter technical career
 1497  center, or special district who become a covered group under
 1498  this system. The governing body of a covered group may elect to
 1499  provide benefits for past service earned after January 1, 1975,
 1500  in accordance with this chapter., and The cost for such past
 1501  service is established by applying the following formula: The
 1502  employer shall contribute an amount equal to the employer or
 1503  employee contribution rate in effect at the time the service was
 1504  earned, as applicable, multiplied by the employee’s gross salary
 1505  for each year of past service claimed, plus 6.5 percent 6.5
 1506  percent interest thereon, compounded annually, for figured on
 1507  each year of past service, with interest compounded from date of
 1508  annual salary earned until date of payment.
 1509         (c) If an Should the employer does not elect to provide
 1510  past service for the member on the date of joining the system,
 1511  then the member may claim and pay for the service as provided in
 1512  same, based on paragraphs (a) and (b).
 1513         (2) Prior service, as defined in s. 121.021(19), may be
 1514  claimed as creditable service under the Florida Retirement
 1515  System after a member has been reemployed for 1 complete year of
 1516  creditable service within a period of 12 consecutive months,
 1517  except as provided in paragraph (c). Service performed as a
 1518  member participant of the optional retirement program for the
 1519  State University System under s. 121.35 or the Senior Management
 1520  Service Optional Annuity Program under s. 121.055 may be used to
 1521  satisfy the reemployment requirement of 1 complete year of
 1522  creditable service. The member may shall not be permitted to
 1523  make any contributions for prior service until after completion
 1524  of the 1 year of creditable service. If a member does not wish
 1525  to claim credit for all of his or her prior service, the service
 1526  the member claims must be the most recent period of service. The
 1527  required contributions for claiming the various types of prior
 1528  service are:
 1529         (a) For prior service performed before prior to the date
 1530  the system becomes noncontributory for the member and for which
 1531  the member had credit under one of the existing retirement
 1532  systems and received a refund of contributions upon termination
 1533  of employment, the member shall contribute 4 percent of all
 1534  salary received during the period being claimed, plus 4 percent
 1535  4-percent interest compounded annually from date of refund until
 1536  July 1, 1975, and 6.5 percent 6.5-percent interest compounded
 1537  annually thereafter, until full payment is made to the Florida
 1538  Retirement System Trust Fund, and shall receive credit in the
 1539  Regular Class. A member who elected to transfer to the Florida
 1540  Retirement System from an existing system may receive credit for
 1541  prior service under the existing system if he or she was
 1542  eligible under the existing system to claim the prior service at
 1543  the time of the transfer. Contributions for such prior service
 1544  shall be determined by the applicable provisions of the system
 1545  under which the prior service is claimed and shall be paid by
 1546  the member, with matching contributions paid by the employer at
 1547  the time the service was performed. Effective July 1, 1978, the
 1548  account of a person who terminated under s. 238.05(3) may not be
 1549  charged interest for contributions that remained on deposit in
 1550  the Annuity Savings Trust Fund established under chapter 238,
 1551  upon retirement under this chapter or chapter 238.
 1552         (b) For prior service performed before prior to the date
 1553  the system becomes noncontributory for the member and for which
 1554  the member had credit under the Florida Retirement System and
 1555  received a refund of contributions upon termination of
 1556  employment, the member shall contribute at the rate that was
 1557  required of him or her during the period of service being
 1558  claimed, on all salary received during such period, plus 4
 1559  percent 4-percent interest compounded annually from date of
 1560  refund until July 1, 1975, and 6.5 percent 6.5-percent interest
 1561  compounded annually thereafter, until the full payment is made
 1562  to the Florida Retirement System Trust Fund, and shall receive
 1563  credit in the membership class in which the member participated
 1564  during the period claimed.
 1565         (c) For prior service as defined in s. 121.021(19)(b) and
 1566  (c) during which no contributions were made because the member
 1567  did not participate in a retirement system, the member shall
 1568  contribute 14.38 percent of all salary received during such
 1569  period or 14.38 percent of $100 per month during such period,
 1570  whichever is greater, plus 4 percent 4-percent interest
 1571  compounded annually from the first year of service claimed until
 1572  July 1, 1975, and 6.5 percent 6.5-percent interest compounded
 1573  annually thereafter, until full payment is made to the
 1574  Retirement Trust Fund, and shall receive credit in the Regular
 1575  Class.
 1576         (d) In order to claim credit for prior service as defined
 1577  in s. 121.021(19)(d) for which no retirement contributions were
 1578  paid during the period of such service, the member shall
 1579  contribute the total employee and employer contributions which
 1580  were required to be made to the Highway Patrol Pension Trust
 1581  Fund, as provided in chapter 321, during the period claimed,
 1582  plus 4 percent 4-percent interest compounded annually from the
 1583  first year of service until July 1, 1975, and 6.5 percent 6.5
 1584  percent interest compounded annually thereafter, until full
 1585  payment is made to the Retirement Trust Fund. However, any
 1586  governmental entity that which employed such member may elect to
 1587  pay up to 50 percent of the contributions and interest required
 1588  to purchase the this prior service credit. The service shall be
 1589  credited in accordance with the provisions of the Highway Patrol
 1590  Pension Plan in effect during the period claimed unless the
 1591  member terminated and withdrew his or her retirement
 1592  contributions and was thereafter enrolled in the State and
 1593  County Officers and Employees’ Retirement System or the Florida
 1594  Retirement System, in which case the service shall be credited
 1595  as Regular Class service.
 1596         (e) For service performed under the Florida Retirement
 1597  System after December 1, 1970, which that was never reported to
 1598  the division or the department due to error, retirement credit
 1599  may be claimed by a member of the Florida Retirement System. The
 1600  department shall adopt rules establishing criteria for claiming
 1601  such credit and detailing the documentation required to
 1602  substantiate the error.
 1603         (f) For prior service performed on or after July 1, 2011,
 1604  for which the member had credit under the Florida Retirement
 1605  System and received a refund of contributions 3 calendar months
 1606  after termination of employment, the member shall contribute at
 1607  the rate that was required during the period of service being
 1608  claimed, plus 6.5 percent interest, compounded annually on each
 1609  June 30 from date of refund until the full payment is made to
 1610  the Florida Retirement System Trust Fund, and shall receive
 1611  credit in the membership class in which the member participated
 1612  during the period claimed.
 1613         (g)(f) The employer may not be required to make
 1614  contributions for prior service credit for any member, except
 1615  that the employer shall pay the employer portion of
 1616  contributions for any legislator who elects to withdraw from the
 1617  Florida Retirement System and later rejoins the system and pays
 1618  any employee contributions required in accordance with s.
 1619  121.052(3)(d).
 1620         Section 14. Paragraph (a) of subsection (3), paragraph (a)
 1621  of subsection (4), paragraphs (a) and (c) of subsection (5),
 1622  paragraph (d) of subsection (9), paragraphs (a) and (c) of
 1623  subsection (13), and paragraph (d) of subsection (14) of section
 1624  121.091, Florida Statutes, are amended to read:
 1625         121.091 Benefits payable under the system.—Benefits may not
 1626  be paid under this section unless the member has terminated
 1627  employment as provided in s. 121.021(39)(a) or begun
 1628  participation in the Deferred Retirement Option Program as
 1629  provided in subsection (13), and a proper application has been
 1630  filed in the manner prescribed by the department. The department
 1631  may cancel an application for retirement benefits when the
 1632  member or beneficiary fails to timely provide the information
 1633  and documents required by this chapter and the department’s
 1634  rules. The department shall adopt rules establishing procedures
 1635  for application for retirement benefits and for the cancellation
 1636  of such application when the required information or documents
 1637  are not received.
 1638         (3) EARLY RETIREMENT BENEFIT.—Upon retirement on his or her
 1639  early retirement date, the member shall receive an immediate
 1640  monthly benefit that shall begin to accrue on the first day of
 1641  the month of the retirement date and be payable on the last day
 1642  of that month and each month thereafter during his or her
 1643  lifetime. Such benefit shall be calculated as follows:
 1644         (a) The amount of each monthly payment shall be computed in
 1645  the same manner as for a normal retirement benefit, in
 1646  accordance with subsection (1), but shall be based on the
 1647  member’s average monthly compensation and creditable service as
 1648  of the member’s early retirement date. The benefit so computed
 1649  shall be reduced by five-twelfths of 1 percent for each complete
 1650  month by which the early retirement date precedes the normal
 1651  retirement date of age 62 for a member of the Regular Class,
 1652  Senior Management Service Class, or the Elected Officers’ Class,
 1653  and age 55 for a member of the Special Risk Class, or age 52 if
 1654  a Special Risk member has completed 25 years of creditable
 1655  service in accordance with s. 121.021(29)(b)3.
 1656         (4) DISABILITY RETIREMENT BENEFIT.—
 1657         (a) Disability retirement; entitlement and effective date.—
 1658         1.a. A member who becomes totally and permanently disabled,
 1659  as defined in paragraph (b), after completing 5 years of
 1660  creditable service, or a member who becomes totally and
 1661  permanently disabled in the line of duty regardless of service,
 1662  is shall be entitled to a monthly disability benefit; except
 1663  that any member with less than 5 years of creditable service on
 1664  July 1, 1980, or any person who becomes a member of the Florida
 1665  Retirement System on or after such date must have completed 10
 1666  years of creditable service before prior to becoming totally and
 1667  permanently disabled in order to receive disability retirement
 1668  benefits for any disability which occurs other than in the line
 1669  of duty. However, if a member employed on July 1, 1980, having
 1670  with less than 5 years of creditable service as of that date,
 1671  becomes totally and permanently disabled after completing 5
 1672  years of creditable service and is found not to have attained
 1673  fully insured status for benefits under the federal Social
 1674  Security Act, such member is shall be entitled to a monthly
 1675  disability benefit.
 1676         b. Effective July 1, 2001, a member of the pension plan
 1677  defined benefit retirement program who becomes totally and
 1678  permanently disabled, as defined in paragraph (b), after
 1679  completing 8 years of creditable service, or a member who
 1680  becomes totally and permanently disabled in the line of duty
 1681  regardless of service, is shall be entitled to a monthly
 1682  disability benefit.
 1683         2. If the division has received from the employer the
 1684  required documentation of the member’s termination of
 1685  employment, the effective retirement date for a member who
 1686  applies and is approved for disability retirement shall be
 1687  established by rule of the division.
 1688         3. For a member who is receiving Workers’ Compensation
 1689  payments, the effective disability retirement date may not
 1690  precede the date the member reaches Maximum Medical Improvement
 1691  (MMI), unless the member terminates employment before prior to
 1692  reaching MMI.
 1693         (5) TERMINATION BENEFITS.—A member whose employment is
 1694  terminated before prior to retirement retains membership rights
 1695  to previously earned member-noncontributory service credit, and
 1696  to member-contributory service credit, if the member leaves the
 1697  member contributions on deposit in his or her retirement
 1698  account. If a terminated member receives a refund of member
 1699  contributions, such member may reinstate membership rights to
 1700  the previously earned service credit represented by the refund
 1701  by completing 1 year of creditable service and repaying the
 1702  refunded member contributions, plus interest.
 1703         (a) A member whose employment is terminated for any reason
 1704  other than death or retirement before prior to becoming vested
 1705  is entitled to the return of his or her accumulated employee
 1706  contributions as of the date of termination. Effective July 1,
 1707  2011, upon termination of employment from all participating
 1708  employers for 3 calendar months as defined in s. 121.021(39)(c)
 1709  for any reason other than retirement, a member may receive a
 1710  refund of all contributions he or she has made to the pension
 1711  plan, subject to the restrictions otherwise provided in this
 1712  chapter. Partial refunds are not permitted. The refund may not
 1713  include any interest earnings on the contributions for a member
 1714  of the pension plan. Employer contributions made on behalf of
 1715  the member are not refundable. A member may not receive a refund
 1716  of employee contributions if a pending or an approved qualified
 1717  domestic relations order is filed against his or her retirement
 1718  account. By obtaining a refund of contributions, a member waives
 1719  all rights under the Florida Retirement System and the health
 1720  insurance subsidy to the service credit represented by the
 1721  refunded contributions, except the right to purchase prior
 1722  service credit in accordance with s. 121.081(2).
 1723         (c) In lieu of the deferred monthly benefit provided in
 1724  paragraph (b), the terminated member may elect to receive a
 1725  lump-sum amount equal to his or her accumulated employee
 1726  contributions as of the date of termination. Effective July 1,
 1727  2011, upon termination of employment from all participating
 1728  employers for 3 calendar months as defined in s. 121.021(39)(c)
 1729  for any reason other than retirement, a member may receive a
 1730  refund of all contributions he or she has made to the pension
 1731  plan, subject to the restrictions otherwise provided in this
 1732  chapter. Partial refunds are not permitted. The refund may not
 1733  include any interest earnings on the contributions for a member
 1734  of the pension plan. Employer contributions made on behalf of
 1735  the member are not refundable. A member may not receive a refund
 1736  of employee contributions if a pending or an approved qualified
 1737  domestic relations order is filed against his or her retirement
 1738  account. By obtaining a refund of contributions, a member waives
 1739  all rights under the Florida Retirement System and the health
 1740  insurance subsidy to the service credit represented by the
 1741  refunded contributions, except the right to purchase prior
 1742  service credit in accordance with s. 121.081(2).
 1743         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
 1744         (d) The provisions of This subsection applies apply to
 1745  retirees, as defined in s. 121.4501(2), of the Florida Public
 1746  Employee Optional Retirement System Investment Plan Program,
 1747  subject to the following conditions:
 1748         1. The retiree retirees may not be reemployed with an
 1749  employer participating in the Florida Retirement System until
 1750  such person has been retired for 6 calendar months.
 1751         2. A retiree employed in violation of this subsection and
 1752  an employer that employs or appoints such person are jointly and
 1753  severally liable for reimbursement of any benefits paid to the
 1754  retirement trust fund from which the benefits were paid,
 1755  including the Retirement System Trust Fund and the Public
 1756  Employee Optional Retirement Program Trust Fund, as appropriate.
 1757  The employer must have a written statement from the retiree that
 1758  he or she is not retired from a state-administered retirement
 1759  system.
 1760         (13) DEFERRED RETIREMENT OPTION PROGRAM.—In general, and
 1761  subject to this section, the Deferred Retirement Option Program,
 1762  hereinafter referred to as DROP, is a program under which an
 1763  eligible member of the Florida Retirement System may elect to
 1764  participate, deferring receipt of retirement benefits while
 1765  continuing employment with his or her Florida Retirement System
 1766  employer. The deferred monthly benefits shall accrue in the
 1767  Florida Retirement System on behalf of the participant, plus
 1768  interest compounded monthly, for the specified period of the
 1769  DROP participation, as provided in paragraph (c). Upon
 1770  termination of employment, the participant shall receive the
 1771  total DROP benefits and begin to receive the previously
 1772  determined normal retirement benefits. Participation in the DROP
 1773  does not guarantee employment for the specified period of DROP.
 1774  Participation in DROP by an eligible member beyond the initial
 1775  60-month period as authorized in this subsection shall be on an
 1776  annual contractual basis for all participants.
 1777         (a) Eligibility of member to participate in DROP.—All
 1778  active Florida Retirement System members in a regularly
 1779  established position, and all active members of the Teachers’
 1780  Retirement System established in chapter 238 or the State and
 1781  County Officers’ and Employees’ Retirement System established in
 1782  chapter 122, which are consolidated within the Florida
 1783  Retirement System under s. 121.011, are eligible to elect
 1784  participation in DROP if:
 1785         1. The member is not a renewed member under s. 121.122 or a
 1786  member of the State Community College System Optional Retirement
 1787  Program under s. 121.051, the Senior Management Service Optional
 1788  Annuity Program under s. 121.055, or the optional retirement
 1789  program for the State University System under s. 121.35.
 1790         2. Except as provided in subparagraph 6., election to
 1791  participate is made within 12 months immediately following the
 1792  date on which the member first reaches normal retirement date,
 1793  or, for a member who reaches normal retirement date based on
 1794  service before he or she reaches age 62, or age 55 for Special
 1795  Risk Class members, election to participate may be deferred to
 1796  the 12 months immediately following the date the member attains
 1797  age 57, or age 52 for Special Risk Class members. A member who
 1798  delays DROP participation during the 12-month period immediately
 1799  following his or her maximum DROP deferral date, except as
 1800  provided in subparagraph 6., loses a month of DROP participation
 1801  for each month delayed. A member who fails to make an election
 1802  within the 12-month limitation period forfeits all rights to
 1803  participate in DROP. The member shall advise his or her employer
 1804  and the division in writing of the date DROP begins. The
 1805  beginning date may be subsequent to the 12-month election period
 1806  but must be within the original 60-month participation period
 1807  provided in subparagraph (b)1. When establishing eligibility of
 1808  the member to participate in DROP, the member may elect to
 1809  include or exclude any optional service credit purchased by the
 1810  member from the total service used to establish the normal
 1811  retirement date. A member who has dual normal retirement dates
 1812  is eligible to elect to participate in DROP after attaining
 1813  normal retirement date in either class.
 1814         3. The employer of a member electing to participate in
 1815  DROP, or employers if dually employed, shall acknowledge in
 1816  writing to the division the date the member’s participation in
 1817  DROP begins and the date the member’s employment and DROP
 1818  participation terminates will terminate.
 1819         4. Simultaneous employment of a member participant by
 1820  additional Florida Retirement System employers subsequent to the
 1821  commencement of a member’s participation in DROP is permissible
 1822  if such employers acknowledge in writing a DROP termination date
 1823  no later than the member’s participant’s existing termination
 1824  date or the maximum participation period provided in
 1825  subparagraph (b)1.
 1826         5. A member DROP participant may change employers while
 1827  participating in DROP, subject to the following:
 1828         a. A change of employment must take place without a break
 1829  in service so that the member receives salary for each month of
 1830  continuous DROP participation. If a member receives no salary
 1831  during a month, DROP participation ceases shall cease unless the
 1832  employer verifies a continuation of the employment relationship
 1833  for such member participant pursuant to s. 121.021(39)(b).
 1834         b. The member Such participant and new employer shall
 1835  notify the division of the identity of the new employer on forms
 1836  required by the division.
 1837         c. The new employer acknowledges shall acknowledge, in
 1838  writing, the member’s participant’s DROP termination date, which
 1839  may be extended but not beyond the maximum participation period
 1840  provided in subparagraph (b)1., acknowledges shall acknowledge
 1841  liability for any additional retirement contributions and
 1842  interest required if the member participant fails to timely
 1843  terminate employment, and is subject to the adjustment required
 1844  in sub-subparagraph (c)5.d.
 1845         6. Effective July 1, 2001, for instructional personnel as
 1846  defined in s. 1012.01(2), election to participate in DROP may be
 1847  made at any time following the date on which the member first
 1848  reaches normal retirement date. The member shall advise his or
 1849  her employer and the division in writing of the date on which
 1850  DROP begins. When establishing eligibility of the member to
 1851  participate in DROP for the 60-month participation period
 1852  provided in subparagraph (b)1., the member may elect to include
 1853  or exclude any optional service credit purchased by the member
 1854  from the total service used to establish the normal retirement
 1855  date. A member who has dual normal retirement dates is eligible
 1856  to elect to participate in either class.
 1857         7. The effective date for DROP participation is before July
 1858  1, 2016.
 1859         (l) Closure of program to new participants.-Effective July
 1860  1, 2016, DROP is closed to new participants. Only members whose
 1861  DROP effective date is before July 1, 2016, may participate in
 1862  DROP.
 1863         (c) Benefits payable under DROP.—
 1864         1. Effective on the date of DROP participation, the
 1865  member’s initial normal monthly benefit, including creditable
 1866  service, optional form of payment, and average final
 1867  compensation, and the effective date of retirement are fixed.
 1868  The beneficiary established under the Florida Retirement System
 1869  is the beneficiary eligible to receive any DROP benefits payable
 1870  if the DROP participant dies before completing the period of
 1871  DROP participation. If a joint annuitant predeceases the member,
 1872  the member may name a beneficiary to receive accumulated DROP
 1873  benefits payable. The retirement benefit, the annual cost of
 1874  living adjustments provided in s. 121.101, and interest accrue
 1875  monthly in the Florida Retirement System Trust Fund.
 1876         a. For members initially enrolled in the system before July
 1877  1, 2011, the interest accrues at an effective annual rate of 6.5
 1878  percent compounded monthly, on the prior month’s accumulated
 1879  ending balance, up to the month of termination or death, except
 1880  as provided in s. 121.053(7).
 1881         b. For members initially enrolled in the system on or after
 1882  July 1, 2011, the interest accrues at an effective annual rate
 1883  of 2 percent compounded monthly, on the prior month’s
 1884  accumulated ending balance, up to the month of termination or
 1885  death, except as provided in s. 121.053(7).
 1886         2. Each employee who elects to participate in DROP may
 1887  elect to receive a lump-sum payment for accrued annual leave
 1888  earned in accordance with agency policy upon beginning
 1889  participation in DROP. The accumulated leave payment certified
 1890  to the division upon commencement of DROP shall be included in
 1891  the calculation of the member’s average final compensation. The
 1892  employee electing the lump-sum payment is not eligible to
 1893  receive a second lump-sum payment upon termination, except to
 1894  the extent the employee has earned additional annual leave
 1895  which, combined with the original payment, does not exceed the
 1896  maximum lump-sum payment allowed by the employing agency’s
 1897  policy or rules. An early lump-sum payment shall be based on the
 1898  hourly wage of the employee at the time he or she begins
 1899  participation in DROP. If the member elects to wait and receive
 1900  a lump-sum payment upon termination of DROP and termination of
 1901  employment with the employer, any accumulated leave payment made
 1902  at that time may not be included in the member’s retirement
 1903  benefit, which was determined and fixed by law when the employee
 1904  elected to participate in DROP.
 1905         3. The effective date of DROP participation and the
 1906  effective date of retirement of a DROP participant shall be the
 1907  first day of the month selected by the member to begin
 1908  participation in DROP, provided such date is properly
 1909  established, with the written confirmation of the employer, and
 1910  the approval of the division, on forms required by the division.
 1911         4. Normal retirement benefits and any interest shall
 1912  continue to accrue in DROP until the established termination
 1913  date of DROP or until the member participant terminates
 1914  employment or dies before prior to such date, except as provided
 1915  in s. 121.053(7). Although individual DROP accounts may shall
 1916  not be established, a separate accounting of each member’s
 1917  participant’s accrued benefits under DROP shall be calculated
 1918  and provided to the member participants.
 1919         5. At the conclusion of the member’s participation in the
 1920  participant’s DROP, the division shall distribute the member’s
 1921  participant’s total accumulated DROP benefits, subject to the
 1922  following:
 1923         a. The division shall receive verification by the member’s
 1924  participant’s employer or employers that the member participant
 1925  has terminated all employment relationships as provided in s.
 1926  121.021(39).
 1927         b. The terminated DROP participant or, if deceased, the
 1928  member’s participant’s named beneficiary, shall elect on forms
 1929  provided by the division to receive payment of the DROP benefits
 1930  in accordance with one of the options listed below. If a member
 1931  participant or beneficiary fails to elect a method of payment
 1932  within 60 days after termination of DROP, the division shall pay
 1933  a lump sum as provided in sub-sub-subparagraph (I).
 1934         (I) Lump sum.—All accrued DROP benefits, plus interest,
 1935  less withholding taxes remitted to the Internal Revenue Service,
 1936  shall be paid to the DROP participant or surviving beneficiary.
 1937         (II) Direct rollover.—All accrued DROP benefits, plus
 1938  interest, shall be paid from DROP directly to the custodian of
 1939  an eligible retirement plan as defined in s. 402(c)(8)(B) of the
 1940  Internal Revenue Code. However, in the case of an eligible
 1941  rollover distribution to the surviving spouse of a deceased
 1942  member participant, an eligible retirement plan is an individual
 1943  retirement account or an individual retirement annuity as
 1944  described in s. 402(c)(9) of the Internal Revenue Code.
 1945         (III) Partial lump sum.—A portion of the accrued DROP
 1946  benefits shall be paid to DROP participant or surviving spouse,
 1947  less withholding taxes remitted to the Internal Revenue Service,
 1948  and the remaining DROP benefits must be transferred directly to
 1949  the custodian of an eligible retirement plan as defined in s.
 1950  402(c)(8)(B) of the Internal Revenue Code. However, in the case
 1951  of an eligible rollover distribution to the surviving spouse of
 1952  a deceased member participant, an eligible retirement plan is an
 1953  individual retirement account or an individual retirement
 1954  annuity as described in s. 402(c)(9) of the Internal Revenue
 1955  Code. The proportions must be specified by the DROP participant
 1956  or surviving beneficiary.
 1957         c. The form of payment selected by the DROP participant or
 1958  surviving beneficiary must comply with the minimum distribution
 1959  requirements of the Internal Revenue Code.
 1960         d. A DROP participant who fails to terminate all employment
 1961  relationships as provided in s. 121.021(39) shall be deemed as
 1962  not retired, and the DROP election is null and void. Florida
 1963  Retirement System membership shall be reestablished
 1964  retroactively to the date of the commencement of DROP, and each
 1965  employer with whom the member participant continues employment
 1966  must pay to the Florida Retirement System Trust Fund the
 1967  difference between the DROP contributions paid in paragraph (i)
 1968  and the contributions required for the applicable Florida
 1969  Retirement System class of membership during the period the
 1970  member participated in DROP, plus 6.5 percent interest
 1971  compounded annually.
 1972         6. The retirement benefits of any DROP participant who
 1973  terminates all employment relationships as provided in s.
 1974  121.021(39) but is reemployed in violation of the reemployment
 1975  provisions of subsection (9) are shall be suspended during those
 1976  months in which the retiree is in violation. Any retiree in
 1977  violation of this subparagraph and any employer that employs or
 1978  appoints such person without notifying the division of
 1979  Retirement to suspend retirement benefits are jointly and
 1980  severally liable for any benefits paid during the reemployment
 1981  limitation period. The employer must have a written statement
 1982  from the retiree that he or she is not retired from a state
 1983  administered retirement system. Any retirement benefits received
 1984  by a retiree while employed in violation of the reemployment
 1985  limitations must be repaid to the Florida Retirement System
 1986  Trust Fund, and his or her retirement benefits shall remain
 1987  suspended until payment is made. Benefits suspended beyond the
 1988  end of the reemployment limitation period apply toward repayment
 1989  of benefits received in violation of the reemployment
 1990  limitation.
 1991         7. The accrued benefits of any DROP participant, and any
 1992  contributions accumulated under the program, are not subject to
 1993  assignment, execution, attachment, or any legal process
 1994  whatsoever, except for qualified domestic relations court orders
 1995  by a court of competent jurisdiction, income deduction orders as
 1996  provided in s. 61.1301, and federal income tax levies.
 1997         8. DROP participants are not eligible for disability
 1998  retirement benefits as provided in subsection (4).
 1999         (14) PAYMENT OF BENEFITS.—This subsection applies to the
 2000  payment of benefits to a payee (retiree or beneficiary) under
 2001  the Florida Retirement System:
 2002         (d) A payee whose retirement benefits are reduced by the
 2003  application of maximum benefit limits under s. 415(b) of the
 2004  Internal Revenue Code, as specified in s. 121.30(5), shall have
 2005  the portion of his or her calculated benefit in the Florida
 2006  Retirement System’s pension System defined benefit plan which
 2007  exceeds such federal limitation paid through the Florida
 2008  Retirement System Preservation of Benefits Plan, as provided in
 2009  s. 121.1001.
 2010         Section 15. Subsection (1) and paragraph (a) of subsection
 2011  (2) of section 121.1001, Florida Statutes, are amended to read:
 2012         121.1001 Florida Retirement System Preservation of Benefits
 2013  Plan.—Effective July 1, 1999, the Florida Retirement System
 2014  Preservation of Benefits Plan is established as a qualified
 2015  governmental excess benefit arrangement pursuant to s. 415(m) of
 2016  the Internal Revenue Code. The Preservation of Benefits Plan is
 2017  created as a separate portion of the Florida Retirement System,
 2018  for the purpose of providing benefits to a payee (retiree or
 2019  beneficiary) of the Florida Retirement System whose benefits
 2020  would otherwise be limited by s. 415(b) of the Internal Revenue
 2021  Code.
 2022         (1) ELIGIBILITY TO PARTICIPATE IN THE PRESERVATION OF
 2023  BENEFITS PLAN.—A payee of the Florida Retirement System shall
 2024  participate in the Preservation of Benefits Plan if whenever his
 2025  or her earned benefit under the Florida Retirement System’s
 2026  pension System defined benefit plan exceeds the benefit maximum
 2027  established under s. 415(b) of the Internal Revenue Code.
 2028  Participation in the Preservation of Benefits Plan shall
 2029  continue for as long as the payee’s earned benefit under the
 2030  pension Florida Retirement System defined benefit plan is
 2031  reduced by the application of the maximum benefit limit under s.
 2032  415(b) of the Internal Revenue Code.
 2033         (2) BENEFITS PAYABLE UNDER THE PRESERVATION OF BENEFITS
 2034  PLAN.—
 2035         (a) On and after July 1, 1999, the division of Retirement
 2036  shall pay to each eligible payee of the Florida Retirement
 2037  System who retires before, on, or after that such date, a
 2038  supplemental retirement benefit equal to the difference between
 2039  the amount of the payee’s monthly retirement benefit which would
 2040  have been payable under the Florida Retirement System’s pension
 2041  System defined benefit plan if not for a reduction due to the
 2042  application of s. 415(b) of the Internal Revenue Code and the
 2043  reduced monthly retirement benefit as paid to the payee. The
 2044  Preservation of Benefits Plan benefit shall be computed and
 2045  payable under the same terms and conditions and to the same
 2046  person as would have applied under the pension Florida
 2047  Retirement System defined benefit plan were it not for the
 2048  federal limitation.
 2049         Section 16. Subsections (1) and (3) of section 121.101,
 2050  Florida Statutes, are amended, present subsections (4) through
 2051  (7) of that section are redesignated as subsections (5) through
 2052  (8), respectively, and a new subsection (4) is added to that
 2053  section, to read:
 2054         121.101 Cost-of-living adjustment of benefits.—
 2055         (1) The purpose of this section is to provide cost-of
 2056  living adjustments to the monthly benefits payable to all
 2057  retired members of state-supported retirement systems.
 2058         (3) Commencing July 1, 1987, the benefit of each retiree
 2059  and annuitant retiring before July 1, 2011, shall be adjusted
 2060  annually on each July 1 thereafter, as follows:
 2061         (a) For those retirees and annuitants who have never
 2062  received a cost-of-living adjustment under this section, the
 2063  amount of the monthly benefit payable for the 12-month period
 2064  commencing on the adjustment date shall be the amount of the
 2065  member’s initial benefit plus an amount equal to a percentage of
 2066  the member’s initial benefit; this percentage is derived by
 2067  dividing the number of months the member has received an initial
 2068  benefit by 12, and multiplying the result by 3.
 2069         (b) For those retirees and annuitants who have received a
 2070  cost-of-living adjustment under this subsection section, the
 2071  adjusted monthly benefit shall be the amount of the monthly
 2072  benefit being received on June 30 immediately preceding the
 2073  adjustment date plus an amount equal to 3 percent of this
 2074  benefit.
 2075         (4) For members retiring on or after July 1, 2011, the
 2076  benefit of each retiree and annuitant shall be adjusted annually
 2077  on July 1 as follows:
 2078         (a) For those retirees and annuitants who have never
 2079  received a cost-of-living adjustment under this subsection, the
 2080  amount of the monthly benefit payable for the 12-month period
 2081  commencing on the adjustment date shall be the amount of the
 2082  member’s initial benefit plus an amount equal to a percentage of
 2083  the member’s initial benefit. This percentage is derived by
 2084  dividing the number of months the member has received an initial
 2085  benefit by 12, and multiplying the result by the factor
 2086  calculated pursuant to paragraph (c).
 2087         (b) For those retirees and annuitants who have received a
 2088  cost-of-living adjustment under this subsection, the adjusted
 2089  monthly benefit shall be the amount of the monthly benefit being
 2090  received on June 30 immediately preceding the adjustment date
 2091  plus an amount determined by multiplying the benefit by the
 2092  factor calculated pursuant to paragraph (c).
 2093         (c) The department shall calculate a cost-of-living factor
 2094  for each retiree and beneficiary retiring on or after July 1,
 2095  2011. This factor shall equal the product of 3 percent
 2096  multiplied by the quotient of the sum of the member’s service
 2097  credit earned for service before July 1, 2011, divided by the
 2098  sum of the member’s total service credit earned.
 2099         Section 17. Subsection (1) of section 121.121, Florida
 2100  Statutes, is amended to read:
 2101         121.121 Authorized leaves of absence.—
 2102         (1) A member may purchase creditable service for up to 2
 2103  work years of authorized leaves of absence, including any leaves
 2104  of absence covered under the Family Medical Leave Act, if:
 2105         (a) The member has completed a minimum of 6 years of
 2106  creditable service, excluding periods for which a leave of
 2107  absence was authorized;
 2108         (b) The leave of absence is authorized in writing by the
 2109  employer of the member and approved by the administrator;
 2110         (c) The member returns to active employment performing
 2111  service with a Florida Retirement System employer in a regularly
 2112  established position immediately upon termination of the leave
 2113  of absence and remains on the employer’s payroll for 1 calendar
 2114  month, except that a member who retires on disability while on a
 2115  medical leave of absence may shall not be required to return to
 2116  employment. A member whose work year is less than 12 months and
 2117  whose leave of absence terminates between school years is
 2118  eligible to receive credit for the leave of absence if as long
 2119  as he or she returns to the employment of his or her employer at
 2120  the beginning of the next school year and remains on the
 2121  employer’s payroll for 1 calendar month; and
 2122         (d) The member makes the required contributions for service
 2123  credit during the leave of absence, which shall be 8 percent
 2124  until January 1, 1975, and 9 percent thereafter of his or her
 2125  rate of monthly compensation in effect immediately before prior
 2126  to the commencement of such leave for each month of such period,
 2127  plus 4 percent interest until July 1, 1975, and 6.5 percent
 2128  interest thereafter on such contributions, compounded annually
 2129  each June 30 from the due date of the contribution to date of
 2130  payment. Effective July 1, 1980, any leave of absence purchased
 2131  pursuant to this section is shall be at the contribution rates
 2132  specified in s. 121.071 or s. 121.71 in effect at the time the
 2133  leave is granted for the class of membership from which the
 2134  leave of absence was granted; however, any member who purchased
 2135  leave-of-absence credit before prior to July 1, 1980, for a
 2136  leave of absence from a position in a class other than the
 2137  regular membership class, may pay the appropriate additional
 2138  contributions plus compound interest thereon and receive
 2139  creditable service for such leave of absence in the membership
 2140  class from which the member was granted the leave of absence.
 2141  Effective July 1, 2011, any leave of absence purchased pursuant
 2142  to this section shall be at the employee and employer
 2143  contribution rates specified in s. 121.71 in effect during the
 2144  leave for the class of membership from which the leave of
 2145  absence was granted.
 2146         Section 18. Subsection (2) of section 121.122, Florida
 2147  Statutes, is amended, and subsection (3) is added to that
 2148  section, to read:
 2149         121.122 Renewed membership in system.—
 2150         (2) A retiree of a state-administered retirement system who
 2151  is initially reemployed on or after July 1, 2010, through June
 2152  30, 2011, shall become a member of the Regular Class and be
 2153  enrolled in the Florida Retirement System Investment Plan on
 2154  July 1, 2011, and must resatisfy the vesting requirements and
 2155  other provisions provided in this chapter is not eligible for
 2156  renewed membership. This subsection does not apply to retirees
 2157  from the Elected Officers’ Class or the Senior Management
 2158  Service Class.
 2159         (a) Creditable service, including credit towards the
 2160  retiree health insurance subsidy provided in s. 112.363, does
 2161  not accrue for a retiree’s employment in a regularly established
 2162  position with a covered employer during the period from July 1,
 2163  2010, through June 30, 2011.
 2164         (b) Employer contributions, interest, earnings, or any
 2165  other funds may not be paid into a renewed member’s investment
 2166  plan account for any employment in a regularly established
 2167  position with a covered employer during the period from July 1,
 2168  2010, through June 30, 2011.
 2169         (c) To be eligible to receive a retirement benefit under
 2170  the investment plan, the renewed member must meet the vesting
 2171  requirements of the plan as provided in s. 121.4501(6).
 2172         (d) The member is not entitled to disability benefits as
 2173  provided in s. 121.091(4) or s. 121.591(2).
 2174         (e) The member must meet the limitations on reemployment
 2175  after retirement as provided in s. 121.091(9), as applicable.
 2176         (f) Upon the renewed membership or reemployment of a
 2177  retiree, the employer of such member and the retiree shall pay
 2178  the applicable employer and employee contributions as required
 2179  by ss. 112.363, 121.71, 121.74, and 121.76. Such contributions
 2180  are payable only for employment in a regularly established
 2181  position with a covered employer on or after July 1, 2011.
 2182         (g) The member may not purchase any prior or past service
 2183  in the investment plan, including employment in a regularly
 2184  established position with a covered employer during the period
 2185  from July 1, 2010, through June 30, 2011.
 2186         (h) A renewed member who is not receiving the maximum
 2187  health insurance subsidy provided in s. 112.363 is entitled to
 2188  earn additional credit toward the subsidy. Such credit may be
 2189  earned only for employment in a regularly established position
 2190  with a covered employer on or after July 1, 2011. Any additional
 2191  subsidy due because of additional credit may be received only at
 2192  the time of paying the second career retirement benefit. The
 2193  total health insurance subsidy received by a retiree receiving
 2194  benefits from initial and renewed membership may not exceed the
 2195  maximum allowed under s. 112.363.
 2196         (3) Any retiree of a state-administered retirement system
 2197  who is initially reemployed on or after July 1, 2011, except for
 2198  retirees from the Elected Officers’ Class or the Senior
 2199  Management Service Class, shall become a member of the Regular
 2200  Class and be enrolled in the Florida Retirement System
 2201  Investment Plan, and must resatisfy the vesting requirements and
 2202  other provisions of this chapter. Retirees from the Elected
 2203  Officers’ Class or the Senior Management Service Class may not
 2204  be enrolled in a state-administered retirement system.
 2205         (a) To be eligible to receive a retirement benefit under
 2206  the investment plan, the renewed member must meet the vesting
 2207  requirements of the investment plan as provided in s.
 2208  121.4501(6).
 2209         (b) The member is not entitled to disability benefits as
 2210  provided in s. 121.091(4) or s. 121.591(2).
 2211         (c) The member must meet the limitations on reemployment
 2212  after retirement provided in s. 121.091(9), as applicable.
 2213         (d) Upon renewed membership or reemployment of a retiree,
 2214  the employer of such member and the retiree must pay the
 2215  applicable employer and employee contributions as required by
 2216  ss. 112.363, 121.71, 121.74, and 121.76.
 2217         (e) The member may not purchase any prior or past service
 2218  in the investment plan.
 2219         (f) A renewed member who is not receiving the maximum
 2220  health insurance subsidy provided in s. 112.363 is entitled to
 2221  earn additional credit toward the subsidy. Any additional
 2222  subsidy due because of additional credit may be received only at
 2223  the time of paying the second career retirement benefit. The
 2224  total health insurance subsidy received by a retiree receiving
 2225  benefits from initial and renewed membership may not exceed the
 2226  maximum allowed under s. 112.363.
 2227         Section 19. Section 121.125, Florida Statutes, is amended
 2228  to read:
 2229         121.125 Credit for workers’ compensation payment periods.—A
 2230  member of the retirement system created by this chapter who has
 2231  been eligible or becomes eligible for to receive workers’
 2232  compensation payments for an injury or illness that occurred
 2233  occurring during his or her employment while a member of a any
 2234  state retirement system shall, upon return to active employment
 2235  with a covered employer for 1 calendar month or upon approval
 2236  for disability retirement in accordance with s. 121.091(4),
 2237  receive full retirement credit for the period before prior to
 2238  such return to active employment or disability retirement for
 2239  which the workers’ compensation payments were received. However,
 2240  a no member may not receive retirement credit for any such
 2241  period occurring after the earlier of the date of maximum
 2242  medical improvement as defined in s. 440.02 or the date
 2243  termination has occurred as defined in s. 121.021(39). The
 2244  employer of record at the time of the worker’s compensation
 2245  injury or illness shall make the required employee and employer
 2246  retirement contributions based on the member’s rate of monthly
 2247  compensation immediately before prior to his or her receiving
 2248  workers’ compensation payments for retirement credit received by
 2249  the member. The employer of record at the time of the workers’
 2250  compensation injury or illness shall be assessed by the division
 2251  a penalty of 1 percent of the contributions on all contributions
 2252  not paid on the first payroll report after the member becomes
 2253  eligible to receive credit. This delinquent assessment may not
 2254  be waived.
 2255         Section 20. Paragraphs (g) and (i) of subsection (3) and
 2256  subsections (4) and (5) of section 121.35, Florida Statutes, are
 2257  amended to read:
 2258         121.35 Optional retirement program for the State University
 2259  System.—
 2260         (3) ELECTION OF OPTIONAL PROGRAM.—
 2261         (g) An eligible employee who is a member of the Florida
 2262  Retirement System at the time of electing election to
 2263  participate in the optional retirement program shall retain all
 2264  retirement service credit earned under the Florida Retirement
 2265  System, at the rate earned. No Additional service credit in the
 2266  Florida Retirement system may not shall be earned while the
 2267  employee participates in the optional program, and nor shall the
 2268  employee is not be eligible for disability retirement under the
 2269  Florida Retirement system. An eligible employee may transfer
 2270  from the Florida Retirement System to his or her accounts under
 2271  the State University System Optional Retirement Program a sum
 2272  representing the present value of the employee’s accumulated
 2273  benefit obligation under the defined benefit program of the
 2274  Florida Retirement System’s pension plan System for any service
 2275  credit accrued from the employee’s first eligible transfer date
 2276  to the optional retirement program through the actual date of
 2277  such transfer, if such service credit was earned in the period
 2278  from July 1, 1984, through December 31, 1992. The present value
 2279  of the employee’s accumulated benefit obligation shall be
 2280  calculated as described in s. 121.4501(3) s. 121.4501(3)(c)2.
 2281  Upon such transfer, all such service credit previously earned
 2282  under the pension plan defined benefit program of the Florida
 2283  Retirement System during this period is shall be nullified for
 2284  purposes of entitlement to a future benefit under the pension
 2285  plan defined benefit program of the Florida Retirement System.
 2286         (i) Effective January 1, 2008, through December 31, 2008,
 2287  except for an employee who is a mandatory member participant of
 2288  the State University System Optional Retirement Program, an
 2289  employee who has elected to participate in the State University
 2290  System Optional Retirement Program shall have one opportunity,
 2291  at the employee’s discretion, to choose to transfer from this
 2292  program to the pension plan or the investment plan defined
 2293  benefit program of the Florida Retirement System or to the
 2294  Public Employee Optional Retirement Program, subject to the
 2295  terms of the applicable contracts of the State University System
 2296  Optional Retirement Program.
 2297         1. If the employee chooses to move to the investment plan
 2298  Public Employee Optional Retirement Program, any contributions,
 2299  interest, and earnings creditable to the employee under the
 2300  State University System Optional Retirement Program must shall
 2301  be retained by the employee in the State University System
 2302  Optional Retirement Program, and the applicable provisions of s.
 2303  121.4501(4) shall govern the election.
 2304         2. If the employee chooses to move to the pension plan
 2305  defined benefit program of the Florida Retirement System, the
 2306  employee shall receive service credit equal to his or her years
 2307  of service under the State University System Optional Retirement
 2308  Program.
 2309         a. The cost for such credit must be in shall be an amount
 2310  representing the actuarial accrued liability for the affected
 2311  period of service. The cost must shall be calculated using the
 2312  discount rate and other relevant actuarial assumptions that were
 2313  used to value the pension Florida Retirement System defined
 2314  benefit plan liabilities in the most recent actuarial valuation.
 2315  The calculation must shall include any service already
 2316  maintained under the pension defined benefit plan in addition to
 2317  the years under the State University System Optional Retirement
 2318  Program. The actuarial accrued liability of any service already
 2319  maintained under the pension defined benefit plan must shall be
 2320  applied as a credit to total cost resulting from the
 2321  calculation. The division must shall ensure that the transfer
 2322  sum is prepared using a formula and methodology certified by an
 2323  enrolled actuary.
 2324         b. The employee must transfer from his or her State
 2325  University System Optional Retirement Program account, and from
 2326  other employee moneys as necessary, a sum representing the
 2327  actuarial accrued liability immediately following the time of
 2328  such movement, determined assuming that attained service equals
 2329  the sum of service in the pension plan defined benefit program
 2330  and service in the State University System Optional Retirement
 2331  Program.
 2332         (4) CONTRIBUTIONS.—
 2333         (a)1. Through June 30, 2001, each employer shall contribute
 2334  on behalf of each member of participant in the optional
 2335  retirement program an amount equal to the normal cost portion of
 2336  the employer retirement contribution which would be required if
 2337  the employee participant were a regular member of the Florida
 2338  Retirement System’s pension plan System defined benefit program,
 2339  plus the portion of the contribution rate required in s.
 2340  112.363(8) that would otherwise be assigned to the Retiree
 2341  Health Insurance Subsidy Trust Fund.
 2342         2. Effective July 1, 2001, through June 30, 2011, each
 2343  employer shall contribute on behalf of each member of
 2344  participant in the optional retirement program an amount equal
 2345  to 10.43 percent of the employee’s participant’s gross monthly
 2346  compensation.
 2347         3. Effective July 1, 2011, each member of the optional
 2348  retirement program shall contribute an amount equal to the
 2349  employee contribution required in s. 121.71(3). The employer
 2350  shall contribute on behalf of each such member an amount equal
 2351  to the difference between 10.43 percent of the employee’s gross
 2352  monthly compensation and the amount equal to the employee’s
 2353  required contribution based on the employee’s gross monthly
 2354  compensation.
 2355         4.The department shall deduct an amount approved by the
 2356  Legislature to provide for the administration of this program.
 2357  The payment of the contributions, including contributions by the
 2358  employee, to the optional program which is required by this
 2359  paragraph for each participant shall be made by the employer to
 2360  the department, which shall forward the contributions to the
 2361  designated company or companies contracting for payment of
 2362  benefits for members of the participant under the program.
 2363  However, such contributions paid on behalf of an employee
 2364  described in paragraph (3)(c) may shall not be forwarded to a
 2365  company and do shall not begin to accrue interest until the
 2366  employee has executed a contract and notified the department.
 2367  The department shall deduct an amount from the contributions to
 2368  provide for the administration of this program.
 2369         (b) Each employer shall contribute on behalf of each member
 2370  of participant in the optional retirement program an amount
 2371  equal to the unfunded actuarial accrued liability portion of the
 2372  employer contribution which would be required for members of the
 2373  Florida Retirement System. This contribution shall be paid to
 2374  the department for transfer to the Florida Retirement System
 2375  Trust Fund.
 2376         (c) An Optional Retirement Program Trust Fund shall be
 2377  established in the State Treasury and administered by the
 2378  department to make payments to the provider companies on behalf
 2379  of the optional retirement program members participants, and to
 2380  transfer the unfunded liability portion of the state optional
 2381  retirement program contributions to the Florida Retirement
 2382  System Trust Fund.
 2383         (d) Contributions required for social security by each
 2384  employer and each employee participant, in the amount required
 2385  for social security coverage as now or hereafter may be provided
 2386  by the federal Social Security Act, shall be maintained for each
 2387  member of participant in the optional retirement program and are
 2388  shall be in addition to the retirement contributions specified
 2389  in this subsection.
 2390         (e) Each member of participant in the optional retirement
 2391  program who has executed a contract may contribute by way of
 2392  salary reduction or deduction a percentage amount of the
 2393  employee’s participant’s gross compensation not to exceed the
 2394  percentage amount contributed by the employer to the optional
 2395  program, but in no case may such contribution may not exceed
 2396  federal limitations. Payment of the employee’s participant’s
 2397  contributions shall be made by the financial officer of the
 2398  employer to the division which shall forward the contributions
 2399  to the designated company or companies contracting for payment
 2400  of benefits for members the participant under the program. A
 2401  member participant may not make, through salary reduction, any
 2402  voluntary employee contributions to any other plan under s.
 2403  403(b) of the Internal Revenue Code, with the exception of a
 2404  custodial account under s. 403(b)(7) of the Internal Revenue
 2405  Code, until he or she has made an employee contribution to his
 2406  or her optional program equal to the employer contribution. An
 2407  employee A participant is responsible for monitoring his or her
 2408  individual tax-deferred income to ensure he or she does not
 2409  exceed the maximum deferral amounts permitted under the Internal
 2410  Revenue Code.
 2411         (f) The Optional Retirement Trust Fund may accept for
 2412  deposit into member participant contracts contributions in the
 2413  form of rollovers or direct trustee-to-trustee transfers by or
 2414  on behalf of members participants who are reasonably determined
 2415  by the department to be eligible for rollover or transfer to the
 2416  optional retirement program pursuant to the Internal Revenue
 2417  Code, if such contributions are made in accordance with rules
 2418  adopted by the department. Such contributions shall be accounted
 2419  for in accordance with any applicable requirements of the
 2420  Internal Revenue Code and department rules of the department.
 2421         (g) Effective July 1, 2008, for purposes of paragraph (a)
 2422  and notwithstanding s. 121.021(22)(b)1., the term “employee’s
 2423  participant’s gross monthly compensation” includes salary
 2424  payments made to eligible clinical faculty from a state
 2425  university using funds provided by a faculty practice plan
 2426  authorized by the Board of Governors of the State University
 2427  System if:
 2428         1. There is no not any employer contribution from the state
 2429  university to any other retirement program with respect to such
 2430  salary payments; and
 2431         2. The employer contribution on behalf of a member of the
 2432  participant in the optional retirement program with respect to
 2433  such salary payments is made using funds provided by the faculty
 2434  practice plan.
 2435         (5) BENEFITS.—
 2436         (a) Benefits are payable under the optional retirement
 2437  program only to vested members participating participants in the
 2438  program, or their beneficiaries as designated by the member
 2439  participant in the contract with a provider company, and such
 2440  benefits shall be paid only by the designated company in
 2441  accordance with s. 403(b) of the Internal Revenue Code and the
 2442  terms of the annuity contract or contracts applicable to the
 2443  member participant. Benefits accrue in individual accounts that
 2444  are member-directed participant-directed, portable, and funded
 2445  by employer contributions and the earnings thereon. The member
 2446  participant must be terminated for 3 calendar months from all
 2447  employment relationships with all Florida Retirement System
 2448  employers, as provided in s. 121.021(39), to begin receiving the
 2449  employer-funded benefit. Benefits funded by employer
 2450  contributions are payable in accordance with the following terms
 2451  and conditions:
 2452         1. Benefits shall be paid only to a participating member
 2453  participant, to his or her beneficiaries, or to his or her
 2454  estate, as designated by the member participant.
 2455         2. Benefits shall be paid by the provider company or
 2456  companies in accordance with the law, the provisions of the
 2457  contract, and any applicable department rule or policy.
 2458         3. In the event of a member’s participant’s death, moneys
 2459  accumulated by, or on behalf of, the member participant, less
 2460  withholding taxes remitted to the Internal Revenue Service, if
 2461  any, shall be distributed to the member’s participant’s
 2462  designated beneficiary or beneficiaries, or to the member’s
 2463  participant’s estate, as if the member participant retired on
 2464  the date of death, as provided in paragraph (d) (c). No other
 2465  death benefits are available to survivors of members
 2466  participants under the optional retirement program except for
 2467  such benefits, or coverage for such benefits, as are separately
 2468  afforded by the employer, at the employer’s discretion.
 2469         (b) Benefits are not payable for employee hardships,
 2470  unforeseeable emergencies, loans, medical expenses, educational
 2471  expenses, purchase of a principal residence, payments necessary
 2472  to prevent eviction or foreclosure on an employee’s principal
 2473  residence, or any other reason before termination from all
 2474  employment relationships with participating employers, as
 2475  provided in s. 121.021(39).
 2476         (c)(b) Upon receipt by the provider company of a properly
 2477  executed application for distribution of benefits, the total
 2478  accumulated benefit are shall be payable to the participating
 2479  member participant, as:
 2480         1. A lump-sum distribution to the member participant;
 2481         2. A lump-sum direct rollover distribution whereby all
 2482  accrued benefits, plus interest and investment earnings, are
 2483  paid from the participant’s account directly to an eligible
 2484  retirement plan, as defined in s. 402(c)(8)(B) of the Internal
 2485  Revenue Code, on behalf of the member participant;
 2486         3. Periodic distributions;
 2487         4. A partial lump-sum payment whereby a portion of the
 2488  accrued benefit is paid to the member participant and the
 2489  remaining amount is transferred to an eligible retirement plan,
 2490  as defined in s. 402(c)(8)(B) of the Internal Revenue Code, on
 2491  behalf of the member participant; or
 2492         5. Such other distribution options as are provided for in
 2493  the participant’s optional retirement program contract.
 2494         (d)(c) Survivor benefits are shall be payable as:
 2495         1. A lump-sum distribution payable to the beneficiaries or
 2496  to the deceased member’s participant’s estate;
 2497         2. An eligible rollover distribution on behalf of the
 2498  surviving spouse of a deceased member participant, whereby all
 2499  accrued benefits, plus interest and investment earnings, are
 2500  paid from the deceased member’s participant’s account directly
 2501  to an eligible retirement plan, as described in s. 402(c)(8)(B)
 2502  of the Internal Revenue Code, on behalf of the surviving spouse;
 2503         3. Such other distribution options as are provided for in
 2504  the member’s participant’s optional retirement program contract;
 2505  or
 2506         4. A partial lump-sum payment whereby a portion of the
 2507  accrued benefit is paid to the deceased member’s participant’s
 2508  surviving spouse or other designated beneficiaries, less
 2509  withholding taxes remitted to the Internal Revenue Service, if
 2510  any, and the remaining amount is transferred directly to an
 2511  eligible retirement plan, as described in s. 402(c)(8)(B) of the
 2512  Internal Revenue Code, on behalf of the surviving spouse. The
 2513  proportions must be specified by the member participant or the
 2514  surviving beneficiary.
 2515  
 2516  This paragraph does not abrogate other applicable provisions of
 2517  state or federal law providing payment of death benefits.
 2518         (e)(d) The benefits payable to any person under the
 2519  optional retirement program, and any contribution accumulated
 2520  under such program, are shall not be subject to assignment,
 2521  execution, or attachment or to any legal process whatsoever.
 2522         (f)(e) A participating member participant who chooses to
 2523  receive his or her benefits must be terminated for 3 calendar
 2524  months to be eligible to receive benefits funded by employer
 2525  contributions. The member upon termination as defined in s.
 2526  121.021 must notify the provider company of the date he or she
 2527  wishes benefits funded by required employer and employee
 2528  contributions to begin and must be terminated as defined in s.
 2529  121.021 after the initial benefit payment or distribution.
 2530  Benefits may be deferred until the member participant chooses to
 2531  make such application.
 2532         (g)(f) Benefits funded by the participating member’s
 2533  voluntary participant’s personal contributions may be paid out
 2534  at any time and in any form within the limits provided in the
 2535  contract between the member participant and the his or her
 2536  provider company. The member participant shall notify the
 2537  provider company regarding the date and provisions under which
 2538  he or she wants to receive the employee-funded portion of the
 2539  plan.
 2540         (h)(g) For purposes of this section, “retiree” means a
 2541  former participating member participant of the optional
 2542  retirement program who has terminated employment and has taken a
 2543  distribution as provided in this subsection, except for a
 2544  mandatory distribution of a de minimis account authorized by the
 2545  department.
 2546         Section 21. Section 121.355, Florida Statutes, is amended
 2547  to read:
 2548         121.355 Community College Optional Retirement Program and
 2549  State University System Optional Retirement Program member
 2550  transfer.—Effective January 1, 2009, through December 31, 2009,
 2551  an employee who is a former member of participant in the
 2552  Community College Optional Retirement Program or the State
 2553  University System Optional Retirement Program and present
 2554  mandatory member of participant in the Florida Retirement
 2555  System’s pension System defined benefit plan may receive service
 2556  credit equal to his or her years of service under the Community
 2557  College Optional Retirement Program or the State University
 2558  System Optional Retirement Program under the following
 2559  conditions:
 2560         (1) The cost for such credit must represent shall be an
 2561  amount representing the actuarial accrued liability for the
 2562  affected period of service. The cost shall be calculated using
 2563  the discount rate and other relevant actuarial assumptions that
 2564  were used to value the Florida Retirement System’s pension
 2565  System defined benefit plan liabilities in the most recent
 2566  actuarial valuation. The calculation must shall include any
 2567  service already maintained under the pension defined benefit
 2568  plan in addition to the years under the Community College
 2569  Optional Retirement Program or the State University System
 2570  Optional Retirement Program. The actuarial accrued liability of
 2571  any service already maintained under the pension defined benefit
 2572  plan shall be applied as a credit to total cost resulting from
 2573  the calculation. The division shall ensure that the transfer sum
 2574  is prepared using a formula and methodology certified by an
 2575  enrolled actuary.
 2576         (2) The employee must transfer from his or her Community
 2577  College Optional Retirement Program account or State University
 2578  System Optional Retirement Program account, subject to the terms
 2579  of the applicable optional retirement program contract, and from
 2580  other employee moneys as necessary, a sum representing the
 2581  actuarial accrued liability immediately following the time of
 2582  such movement, determined assuming that attained service equals
 2583  the sum of service in the pension plan defined benefit program
 2584  and service in the Community College Optional Retirement Program
 2585  or State University System Optional Retirement Program.
 2586         (3) The employee may not receive service credit for a
 2587  period of mandatory participation in the State University
 2588  Optional Retirement Program or for a period for which a
 2589  distribution was received from the Community College Optional
 2590  Retirement Program or State University System Optional
 2591  Retirement Program.
 2592         Section 22. Section 121.4501, Florida Statutes, is amended
 2593  to read:
 2594         121.4501 Florida Public Employee Optional Retirement System
 2595  Investment Plan Program.—
 2596         (1) The Trustees of the State Board of Administration shall
 2597  establish a an optional defined contribution retirement program
 2598  called the Florida Retirement System Investment Plan for members
 2599  of the Florida Retirement System under which retirement benefits
 2600  are will be provided for eligible employees initially employed
 2601  before July 1, 2011, who elect to enroll participate in the
 2602  plan. Enrollment is compulsory for members of the Elected
 2603  Officers’ Class and the Senior Management Class, who are
 2604  employed on or after July 1, 2011, except for those who are
 2605  eligible to and elect to enroll in an optional retirement
 2606  program established under s. 121.055(6), s. 121.35, or s.
 2607  1012.875, or those who qualify for special risk membership
 2608  pursuant to s. 121.0515 program. The retirement benefits to be
 2609  provided for or on behalf of participants in such optional
 2610  retirement program shall be provided through employee-directed
 2611  investments, in accordance with s. 401(a) of the Internal
 2612  Revenue Code and its related regulations. The Employers and
 2613  employees shall make contributions contribute, as provided in
 2614  this section and, ss. 121.571, and 121.71, to the Florida Public
 2615  Employee Optional Retirement System Investment Plan Program
 2616  Trust Fund toward the funding of such optional benefits.
 2617         (2) DEFINITIONS.—As used in this part, the term:
 2618         (a) “Approved provider” or “provider” means a private
 2619  sector company that is selected and approved by the state board
 2620  to offer one or more investment products or services to the
 2621  investment plan optional retirement program. The term includes a
 2622  bundled provider that offers plan members participants a range
 2623  of individually allocated or unallocated investment products and
 2624  may offer a range of administrative and customer services, which
 2625  may include accounting and administration of individual member
 2626  participant benefits and contributions; individual member
 2627  participant recordkeeping; asset purchase, control, and
 2628  safekeeping; direct execution of the member’s participant’s
 2629  instructions as to asset and contribution allocation;
 2630  calculation of daily net asset values; direct access to member
 2631  participant account information; periodic reporting to members
 2632  participants, at least quarterly, on account balances and
 2633  transactions; guidance, advice, and allocation services directly
 2634  relating to the provider’s own investment options or products,
 2635  but only if the bundled provider complies with the standard of
 2636  care of s. 404(a)(1)(A-B) of the Employee Retirement Income
 2637  Security Act of 1974 (ERISA) and if providing such guidance,
 2638  advice, or allocation services does not constitute a prohibited
 2639  transaction under s. 4975(c)(1) of the Internal Revenue Code or
 2640  s. 406 of ERISA, notwithstanding that such prohibited
 2641  transaction provisions do not apply to the optional retirement
 2642  program; a broad array of distribution options; asset
 2643  allocation; and retirement counseling and education. Private
 2644  sector companies include investment management companies,
 2645  insurance companies, depositories, and mutual fund companies.
 2646         (b) “Average monthly compensation” means one-twelfth of
 2647  average final compensation as defined in s. 121.021.
 2648         (c) “Covered employment” means employment in a regularly
 2649  established position as defined in s. 121.021.
 2650         (d) “Defined benefit program” means the defined benefit
 2651  program of the Florida Retirement System administered under part
 2652  I of this chapter.
 2653         (e) “Division” means the Division of Retirement within the
 2654  department.
 2655         (d)(f) “Electronic means” means by telephone, if the
 2656  required information is received on a recorded line, or through
 2657  Internet access, if the required information is captured online.
 2658         (g) “Eligible employee” means an officer or employee, as
 2659  defined in s. 121.021, who:
 2660         1. Is a member of, or is eligible for membership in, the
 2661  Florida Retirement System, including any renewed member of the
 2662  Florida Retirement System initially enrolled before July 1,
 2663  2010; or
 2664         2. Participates in, or is eligible to participate in, the
 2665  Senior Management Service Optional Annuity Program as
 2666  established under s. 121.055(6), the State Community College
 2667  System Optional Retirement Program as established under s.
 2668  121.051(2)(c), or the State University System Optional
 2669  Retirement Program established under s. 121.35.
 2670  
 2671  The term does not include any member participating in the
 2672  Deferred Retirement Option Program established under s.
 2673  121.091(13), a retiree of a state-administered retirement system
 2674  initially reemployed on or after July 1, 2010, or a mandatory
 2675  participant of the State University System Optional Retirement
 2676  Program established under s. 121.35.
 2677         (e)(h) “Employer” means an employer, as defined in s.
 2678  121.021, of an eligible employee.
 2679         (f) “Florida Retirement System Investment Plan” or
 2680  “investment plan” means the defined contribution program of the
 2681  Florida Retirement System established under this part.
 2682         (g) “Florida Retirement System Pension Plan” or pension
 2683  plan” means the defined benefit program of the Florida
 2684  Retirement System administered under part I of this chapter.
 2685         (i) “Optional retirement program” or “optional program”
 2686  means the Public Employee Optional Retirement Program
 2687  established under this part.
 2688         (h)(j)“Member” or “employee” “participant” means an
 2689  eligible employee who is enrolled enrolls in the investment plan
 2690  optional program as provided in subsection (4), or a terminated
 2691  Deferred Retirement Option Program member participant as
 2692  described in subsection (21), or a beneficiary or alternate
 2693  payee of a member or employee.
 2694         (i) “Member contributions” or “employee contributions” mean
 2695  the sum of all amounts deducted from the salary of a member by
 2696  his or her employer in accordance with s. 121.71(2) and credited
 2697  to his or her individual account in the investment plan, plus
 2698  any earnings on such amounts and any contributions specified in
 2699  paragraph (5)(e).
 2700         (j)(k) “Retiree” means a former member participant of the
 2701  investment plan optional retirement program who has terminated
 2702  employment and has taken a distribution of vested employer or
 2703  employee contributions as provided in s. 121.591, except for a
 2704  mandatory distribution of a de minimis account authorized by the
 2705  state board.
 2706         (k)(l) “Vested” or “vesting” means the guarantee that a
 2707  member participant is eligible to receive a retirement benefit
 2708  upon completion of the required years of service under the
 2709  investment plan optional retirement program.
 2710         (3) ELIGIBILITY; RETIREMENT SERVICE CREDIT; TRANSFER OF
 2711  BENEFITS.—
 2712         (a)Participation in the Public Employee Optional
 2713  Retirement Program is limited to eligible employees.
 2714  Participation in the optional retirement program is in lieu of
 2715  participation in the defined benefit program of the Florida
 2716  Retirement System.
 2717         (a)(b) An eligible employee who is employed in a regularly
 2718  established position by a state employer on June 1, 2002; by a
 2719  district school board employer on September 1, 2002; or by a
 2720  local employer on December 1, 2002, and who is a member of the
 2721  pension plan defined benefit retirement program of the Florida
 2722  Retirement System at the time of his or her election to enroll
 2723  participate in the investment plan Public Employee Optional
 2724  Retirement Program shall retain all retirement service credit
 2725  earned under the pension plan defined benefit retirement program
 2726  of the Florida Retirement System as credited under the Florida
 2727  Retirement System and is shall be entitled to a deferred benefit
 2728  upon termination, if eligible under the system. However,
 2729  election to enroll participate in the investment plan Public
 2730  Employee Optional Retirement Program terminates the active
 2731  membership of the employee in the pension plan defined benefit
 2732  program of the Florida Retirement System, and the service of a
 2733  member of participant in the investment plan is Public Employee
 2734  Optional Retirement Program shall not be creditable under the
 2735  pension plan defined benefit retirement program of the Florida
 2736  Retirement System for purposes of benefit accrual but is
 2737  creditable shall be credited for purposes of vesting.
 2738         (b)(c)1. Notwithstanding paragraph (a), an (b), each
 2739  eligible employee who elects to enroll participate in the
 2740  investment plan Public Employee Optional Retirement Program and
 2741  establishes one or more individual member participant accounts
 2742  under the optional program may elect to transfer to the
 2743  investment plan optional program a sum representing the present
 2744  value of the employee’s accumulated benefit obligation under the
 2745  pension plan defined benefit retirement program of the Florida
 2746  Retirement System. Upon such transfer, all service credit
 2747  previously earned under the pension plan is defined benefit
 2748  program of the Florida Retirement System shall be nullified for
 2749  purposes of entitlement to a future benefit under the pension
 2750  plan defined benefit program of the Florida Retirement System. A
 2751  member may not transfer participant is precluded from
 2752  transferring the accumulated benefit obligation balance from the
 2753  pension plan after the time defined benefit program upon the
 2754  expiration of the period for enrolling afforded to enroll in the
 2755  investment plan has expired optional program.
 2756         1.2. For purposes of this subsection, the present value of
 2757  the member’s accumulated benefit obligation is based upon the
 2758  member’s estimated creditable service and estimated average
 2759  final compensation under the pension plan defined benefit
 2760  program, subject to recomputation under subparagraph 2. 3. For
 2761  state employees enrolling under subparagraph (4)(a)1., initial
 2762  estimates shall will be based upon creditable service and
 2763  average final compensation as of midnight on June 30, 2002; for
 2764  district school board employees enrolling under subparagraph
 2765  (4)(b)1., initial estimates shall will be based upon creditable
 2766  service and average final compensation as of midnight on
 2767  September 30, 2002; and for local government employees enrolling
 2768  under subparagraph (4)(c)1., initial estimates shall will be
 2769  based upon creditable service and average final compensation as
 2770  of midnight on December 31, 2002. The dates respectively
 2771  specified are above shall be construed as the “estimate date”
 2772  for these employees. The actuarial present value of the
 2773  employee’s accumulated benefit obligation shall be based on the
 2774  following:
 2775         a. The discount rate and other relevant actuarial
 2776  assumptions used to value the Florida Retirement System Trust
 2777  Fund at the time the amount to be transferred is determined,
 2778  consistent with the factors provided in sub-subparagraphs b. and
 2779  c.
 2780         b. A benefit commencement age, based on the member’s
 2781  estimated creditable service as of the estimate date. The
 2782  benefit commencement age is shall be the younger of the
 2783  following, but may shall not be younger than the member’s age as
 2784  of the estimate date:
 2785         (I) Age 62; or
 2786         (II) The age the member would attain if the member
 2787  completed 30 years of service with an employer, assuming the
 2788  member worked continuously from the estimate date, and
 2789  disregarding any vesting requirement that would otherwise apply
 2790  under the pension plan defined benefit program of the Florida
 2791  Retirement System.
 2792         c. For members of the Special Risk Class, and for members
 2793  of the Special Risk Administrative Support Class entitled to
 2794  retain the special risk normal retirement date, the benefit
 2795  commencement age is shall be the younger of the following, but
 2796  may shall not be younger than the member’s age as of the
 2797  estimate date:
 2798         (I) Age 55 or, for members enrolled on or after July 1,
 2799  2011, age 62; or
 2800         (II) The age the member would attain if the member
 2801  completed 25 years of service with an employer, or, for members
 2802  enrolled on or after July 1, 2011, 30 years of service with an
 2803  employer, assuming the member worked continuously from the
 2804  estimate date, and disregarding any vesting requirement that
 2805  would otherwise apply under the pension plan defined benefit
 2806  program of the Florida Retirement System.
 2807         d. The calculation must shall disregard vesting
 2808  requirements and early retirement reduction factors that would
 2809  otherwise apply under the pension plan defined benefit
 2810  retirement program.
 2811         2.3. For each member participant who elects to transfer
 2812  moneys from the pension plan defined benefit program to his or
 2813  her account in the investment plan optional program, the
 2814  division shall recompute the amount transferred under
 2815  subparagraph 1. within 2. not later than 60 days after the
 2816  actual transfer of funds based upon the member’s participant’s
 2817  actual creditable service and actual final average compensation
 2818  as of the initial date of participation in the investment plan
 2819  optional program. If the recomputed amount differs from the
 2820  amount transferred under subparagraph 2. by $10 or more, the
 2821  division shall:
 2822         a. Transfer, or cause to be transferred, from the Florida
 2823  Retirement System Trust Fund to the member’s participant’s
 2824  account in the optional program the excess, if any, of the
 2825  recomputed amount over the previously transferred amount
 2826  together with interest from the initial date of transfer to the
 2827  date of transfer under this subparagraph, based upon the
 2828  effective annual interest equal to the assumed return on the
 2829  actuarial investment which was used in the most recent actuarial
 2830  valuation of the system, compounded annually.
 2831         b. Transfer, or cause to be transferred, from the member’s
 2832  participant’s account to the Florida Retirement System Trust
 2833  Fund the excess, if any, of the previously transferred amount
 2834  over the recomputed amount, together with interest from the
 2835  initial date of transfer to the date of transfer under this
 2836  subparagraph, based upon 6 percent effective annual interest,
 2837  compounded annually, pro rata based on the member’s
 2838  participant’s allocation plan.
 2839         3.If contribution adjustments are made as a result of
 2840  employer errors or corrections, including plan corrections,
 2841  following recomputation of the amount transferred under
 2842  subparagraph 1., the member is entitled to the additional
 2843  contributions or is responsible for returning any excess
 2844  contributions resulting from the correction. However, the return
 2845  of such erroneous excess pretax contribution by the plan must be
 2846  made within the period allowed by the Internal Revenue Service.
 2847  The present value of the member’s accumulated benefit obligation
 2848  may not be recalculated.
 2849         4. As directed by the member participant, the state board
 2850  shall transfer or cause to be transferred the appropriate
 2851  amounts to the designated accounts within. The board shall
 2852  establish transfer procedures by rule, but the actual transfer
 2853  shall not be later than 30 days after the effective date of the
 2854  member’s participation in the investment plan optional program
 2855  unless the major financial markets for securities available for
 2856  a transfer are seriously disrupted by an unforeseen event that
 2857  which also causes the suspension of trading on any national
 2858  securities exchange in the country where the securities are were
 2859  issued. In that event, the such 30-day period of time may be
 2860  extended by a resolution of the state board trustees. Transfers
 2861  are not commissionable or subject to other fees and may be in
 2862  the form of securities or cash, as determined by the state
 2863  board. Such securities are shall be valued as of the date of
 2864  receipt in the member’s participant’s account.
 2865         5. If the state board or the division receives notification
 2866  from the United States Internal Revenue Service that this
 2867  paragraph or any portion of this paragraph will cause the
 2868  retirement system, or a portion thereof, to be disqualified for
 2869  tax purposes under the Internal Revenue Code, then the portion
 2870  that will cause the disqualification does not apply. Upon such
 2871  notice, the state board and the division shall notify the
 2872  presiding officers of the Legislature.
 2873         (4) PARTICIPATION; ENROLLMENT.—
 2874         (a)1.Between June 1, 2001, and February 28, 2003, eligible
 2875  employees were provided a 90-day period to elect membership in
 2876  the investment plan. An employee who failed to elect the
 2877  investment plan during the election period remained in the
 2878  pension plan. An eligible employee who was employed in a
 2879  regularly established position during the election period was
 2880  also provided one opportunity to change plans, as provided under
 2881  paragraph (e). With respect to an eligible employee who did not
 2882  participate in the initial election period and an eligible
 2883  employee who is initially employed in a regularly established
 2884  position after the close of the initial election period but
 2885  before June 30, 2011, the on June 1, 2002, by a state employer:
 2886         a.Any such employee may elect to participate in the Public
 2887  Employee Optional Retirement Program in lieu of retaining his or
 2888  her membership in the defined benefit program of the Florida
 2889  Retirement System. The election must be made in writing or by
 2890  electronic means and must be filed with the third-party
 2891  administrator by August 31, 2002, or, in the case of an active
 2892  employee who is on a leave of absence on April 1, 2002, by the
 2893  last business day of the 5th month following the month the leave
 2894  of absence concludes. This election is irrevocable, except as
 2895  provided in paragraph (e). Upon making such election, the
 2896  employee shall be enrolled as a participant of the Public
 2897  Employee Optional Retirement Program, the employee’s membership
 2898  in the Florida Retirement System shall be governed by the
 2899  provisions of this part, and the employee’s membership in the
 2900  defined benefit program of the Florida Retirement System shall
 2901  terminate. The employee’s enrollment in the Public Employee
 2902  Optional Retirement Program shall be effective the first day of
 2903  the month for which a full month’s employer contribution is made
 2904  to the optional program.
 2905         b.Any such employee who fails to elect to participate in
 2906  the Public Employee Optional Retirement Program within the
 2907  prescribed time period is deemed to have elected to retain
 2908  membership in the defined benefit program of the Florida
 2909  Retirement System, and the employee’s option to elect to
 2910  participate in the optional program is forfeited.
 2911         2.With respect to employees who become eligible to
 2912  participate in the Public Employee Optional Retirement Program
 2913  by reason of employment in a regularly established position with
 2914  a state employer commencing after April 1, 2002:
 2915         a.Any such employee shall, by default, be enrolled in the
 2916  pension plan defined benefit retirement program of the Florida
 2917  Retirement System at the commencement of employment, and may, by
 2918  the last business day of the 5th month following the employee’s
 2919  month of hire, elect to enroll participate in the investment
 2920  plan Public Employee Optional Retirement Program. The employee’s
 2921  election must be made in writing or by electronic means and must
 2922  be filed with the third-party administrator. The election to
 2923  enroll participate in the investment plan optional program is
 2924  irrevocable, except as provided in paragraph (e).
 2925         1.b. If the employee files such election within the
 2926  prescribed time period, enrollment in the investment plan is
 2927  optional program shall be effective on the first day of
 2928  employment. The employer and employee retirement contributions
 2929  paid through the month of the employee plan change shall be
 2930  transferred to the investment plan optional program, and,
 2931  effective the first day of the next month, the employer and
 2932  employee must shall pay the applicable contributions based on
 2933  the employee membership class in the plan optional program.
 2934         2.c.An Any such employee who fails to elect to enroll
 2935  participate in the investment plan Public Employee Optional
 2936  Retirement Program within the prescribed time period is deemed
 2937  to have elected to retain membership in the pension plan defined
 2938  benefit program of the Florida Retirement System, and the
 2939  employee’s option to elect to enroll participate in the
 2940  investment plan optional program is forfeited.
 2941         3. With respect to employees who become eligible to enroll
 2942  participate in the investment plan Public Employee Optional
 2943  Retirement Program pursuant to s. 121.051(2)(c)3. or s.
 2944  121.35(3)(i), the any such employee may elect to enroll
 2945  participate in the investment plan Public Employee Optional
 2946  Retirement Program in lieu of retaining his or her participation
 2947  in the State Community College System Optional Retirement
 2948  Program or the State University System Optional Retirement
 2949  Program. The election must be made in writing or by electronic
 2950  means and must be filed with the third-party administrator. This
 2951  election is irrevocable, except as provided in paragraph (e).
 2952  Upon making such election, the employee shall be enrolled in as
 2953  a participant of the investment plan Public Employee Optional
 2954  Retirement Program, the employee’s membership in the Florida
 2955  Retirement System shall be governed by the provisions of this
 2956  part, and the employee’s participation in the State Community
 2957  College System Optional Retirement Program or the State
 2958  University System Optional Retirement Program shall terminate.
 2959  The employee’s enrollment in the investment plan is Public
 2960  Employee Optional Retirement Program shall be effective on the
 2961  first day of the month for which a full month’s of employee
 2962  contributions are employer contribution is made to the
 2963  investment plan optional program.
 2964         4.For purposes of this paragraph, “state employer” means
 2965  any agency, board, branch, commission, community college,
 2966  department, institution, institution of higher education, or
 2967  water management district of the state, which participates in
 2968  the Florida Retirement System for the benefit of certain
 2969  employees.
 2970         (b)1.With respect to an eligible employee who is employed
 2971  in a regularly established position on September 1, 2002, by a
 2972  district school board employer:
 2973         a.Any such employee may elect to participate in the Public
 2974  Employee Optional Retirement Program in lieu of retaining his or
 2975  her membership in the defined benefit program of the Florida
 2976  Retirement System. The election must be made in writing or by
 2977  electronic means and must be filed with the third-party
 2978  administrator by November 30, or, in the case of an active
 2979  employee who is on a leave of absence on July 1, 2002, by the
 2980  last business day of the 5th month following the month the leave
 2981  of absence concludes. This election is irrevocable, except as
 2982  provided in paragraph (e). Upon making such election, the
 2983  employee shall be enrolled as a participant of the Public
 2984  Employee Optional Retirement Program, the employee’s membership
 2985  in the Florida Retirement System shall be governed by the
 2986  provisions of this part, and the employee’s membership in the
 2987  defined benefit program of the Florida Retirement System shall
 2988  terminate. The employee’s enrollment in the Public Employee
 2989  Optional Retirement Program shall be effective the first day of
 2990  the month for which a full month’s employer contribution is made
 2991  to the optional program.
 2992         b.Any such employee who fails to elect to participate in
 2993  the Public Employee Optional Retirement Program within the
 2994  prescribed time period is deemed to have elected to retain
 2995  membership in the defined benefit program of the Florida
 2996  Retirement System, and the employee’s option to elect to
 2997  participate in the optional program is forfeited.
 2998         2.With respect to employees who become eligible to
 2999  participate in the Public Employee Optional Retirement Program
 3000  by reason of employment in a regularly established position with
 3001  a district school board employer commencing after July 1, 2002:
 3002         a.Any such employee shall, by default, be enrolled in the
 3003  defined benefit retirement program of the Florida Retirement
 3004  System at the commencement of employment, and may, by the last
 3005  business day of the 5th month following the employee’s month of
 3006  hire, elect to participate in the Public Employee Optional
 3007  Retirement Program. The employee’s election must be made in
 3008  writing or by electronic means and must be filed with the third
 3009  party administrator. The election to participate in the optional
 3010  program is irrevocable, except as provided in paragraph (e).
 3011         b.If the employee files such election within the
 3012  prescribed time period, enrollment in the optional program shall
 3013  be effective on the first day of employment. The employer
 3014  retirement contributions paid through the month of the employee
 3015  plan change shall be transferred to the optional program, and,
 3016  effective the first day of the next month, the employer shall
 3017  pay the applicable contributions based on the employee
 3018  membership class in the optional program.
 3019         c.Any such employee who fails to elect to participate in
 3020  the Public Employee Optional Retirement Program within the
 3021  prescribed time period is deemed to have elected to retain
 3022  membership in the defined benefit program of the Florida
 3023  Retirement System, and the employee’s option to elect to
 3024  participate in the optional program is forfeited.
 3025         3.For purposes of this paragraph, “district school board
 3026  employer means any district school board that participates in
 3027  the Florida Retirement System for the benefit of certain
 3028  employees, or a charter school or charter technical career
 3029  center that participates in the Florida Retirement System as
 3030  provided in s. 121.051(2)(d).
 3031         (c)1.With respect to an eligible employee who is employed
 3032  in a regularly established position on December 1, 2002, by a
 3033  local employer:
 3034         a.Any such employee may elect to participate in the Public
 3035  Employee Optional Retirement Program in lieu of retaining his or
 3036  her membership in the defined benefit program of the Florida
 3037  Retirement System. The election must be made in writing or by
 3038  electronic means and must be filed with the third-party
 3039  administrator by February 28, 2003, or, in the case of an active
 3040  employee who is on a leave of absence on October 1, 2002, by the
 3041  last business day of the 5th month following the month the leave
 3042  of absence concludes. This election is irrevocable, except as
 3043  provided in paragraph (e). Upon making such election, the
 3044  employee shall be enrolled as a participant of the Public
 3045  Employee Optional Retirement Program, the employee’s membership
 3046  in the Florida Retirement System shall be governed by the
 3047  provisions of this part, and the employee’s membership in the
 3048  defined benefit program of the Florida Retirement System shall
 3049  terminate. The employee’s enrollment in the Public Employee
 3050  Optional Retirement Program shall be effective the first day of
 3051  the month for which a full month’s employer contribution is made
 3052  to the optional program.
 3053         b.Any such employee who fails to elect to participate in
 3054  the Public Employee Optional Retirement Program within the
 3055  prescribed time period is deemed to have elected to retain
 3056  membership in the defined benefit program of the Florida
 3057  Retirement System, and the employee’s option to elect to
 3058  participate in the optional program is forfeited.
 3059         2.With respect to employees who become eligible to
 3060  participate in the Public Employee Optional Retirement Program
 3061  by reason of employment in a regularly established position with
 3062  a local employer commencing after October 1, 2002:
 3063         a.Any such employee shall, by default, be enrolled in the
 3064  defined benefit retirement program of the Florida Retirement
 3065  System at the commencement of employment, and may, by the last
 3066  business day of the 5th month following the employee’s month of
 3067  hire, elect to participate in the Public Employee Optional
 3068  Retirement Program. The employee’s election must be made in
 3069  writing or by electronic means and must be filed with the third
 3070  party administrator. The election to participate in the optional
 3071  program is irrevocable, except as provided in paragraph (e).
 3072         b.If the employee files such election within the
 3073  prescribed time period, enrollment in the optional program shall
 3074  be effective on the first day of employment. The employer
 3075  retirement contributions paid through the month of the employee
 3076  plan change shall be transferred to the optional program, and,
 3077  effective the first day of the next month, the employer shall
 3078  pay the applicable contributions based on the employee
 3079  membership class in the optional program.
 3080         c.Any such employee who fails to elect to participate in
 3081  the Public Employee Optional Retirement Program within the
 3082  prescribed time period is deemed to have elected to retain
 3083  membership in the defined benefit program of the Florida
 3084  Retirement System, and the employee’s option to elect to
 3085  participate in the optional program is forfeited.
 3086         3.For purposes of this paragraph, “local employer means
 3087  any employer not included in paragraph (a) or paragraph (b).
 3088         (b)(d) Contributions available for self-direction by a
 3089  member participant who has not selected one or more specific
 3090  investment products shall be allocated as prescribed by the
 3091  state board. The third-party administrator shall notify the
 3092  member any such participant at least quarterly that the member
 3093  participant should take an affirmative action to make an asset
 3094  allocation among the investment plan optional program products.
 3095         (c) On or after July 1, 2011, a member of the pension plan
 3096  who obtains a refund of employee contributions retains his or
 3097  her prior plan choice upon return to employment in a regularly
 3098  established position with a participating employer.
 3099         (d) A member of the investment plan who takes a
 3100  distribution of any contributions from his investment plan
 3101  account is considered a retiree. Upon reemployment in a
 3102  regularly established position with a participating employer,
 3103  the member returns as a new hire and, if applicable, may
 3104  participate in the Florida Retirement System.
 3105         (e) After the period during which an eligible employee had
 3106  the choice to elect the pension plan defined benefit program or
 3107  the investment plan optional retirement program, or the month
 3108  following the receipt of the eligible employee’s plan election,
 3109  if sooner, the employee shall have one opportunity, at the
 3110  employee’s discretion, to choose to move from the pension plan
 3111  defined benefit program to the investment plan optional
 3112  retirement program or from the investment plan optional
 3113  retirement program to the pension plan defined benefit program.
 3114  Eligible employees may elect to move between Florida Retirement
 3115  System programs only if they are earning service credit in an
 3116  employer-employee relationship consistent with s.
 3117  121.021(17)(b), excluding leaves of absence without pay.
 3118  Effective July 1, 2005, such elections are effective on the
 3119  first day of the month following the receipt of the election by
 3120  the third-party administrator and are not subject to the
 3121  requirements regarding an employer-employee relationship or
 3122  receipt of contributions for the eligible employee in the
 3123  effective month, except when the election is received by the
 3124  third-party administrator. This paragraph is contingent upon
 3125  receiving approval from the Internal Revenue Service to include
 3126  for including the choice described herein within the programs
 3127  offered by the Florida Retirement System.
 3128         1. If the employee chooses to move to the investment plan
 3129  optional retirement program, the applicable provisions of
 3130  subsection (3) this section shall govern the transfer.
 3131         2. If the employee chooses to move to the pension plan
 3132  defined benefit program, the employee must transfer from his or
 3133  her investment plan optional retirement program account, and
 3134  from other employee moneys as necessary, a sum representing the
 3135  present value of that employee’s accumulated benefit obligation
 3136  immediately following the time of such movement, determined
 3137  assuming that attained service equals the sum of service in the
 3138  pension plan defined benefit program and service in the
 3139  investment plan optional retirement program. Benefit
 3140  commencement occurs on the first date the employee is eligible
 3141  for unreduced benefits, using the discount rate and other
 3142  relevant actuarial assumptions that were used to value the
 3143  pension defined benefit plan liabilities in the most recent
 3144  actuarial valuation. For any employee who, at the time of the
 3145  second election, already maintains an accrued benefit amount in
 3146  the pension plan defined benefit program, the then-present value
 3147  of the accrued benefit shall be deemed part of the required
 3148  transfer amount. The division shall ensure that the transfer sum
 3149  is prepared using a formula and methodology certified by an
 3150  enrolled actuary. A refund of any employee contributions or
 3151  additional member payments made which exceed the employee
 3152  contributions that would have accrued had the member remained in
 3153  the pension plan and not transferred to the investment plan is
 3154  not permitted.
 3155         3. Notwithstanding subparagraph 2., an employee who chooses
 3156  to move to the pension plan defined benefit program and who
 3157  became eligible to participate in the optional retirement
 3158  program by reason of employment in a regularly established
 3159  position with a state employer after June 1, 2002; a district
 3160  school board employer after September 1, 2002; or a local
 3161  employer after December 1, 2002, must transfer from his or her
 3162  investment plan optional retirement program account, and from
 3163  other employee moneys as necessary, a sum representing the
 3164  employee’s actuarial accrued liability. A refund of any employee
 3165  contributions or additional participant payments made which
 3166  exceed the employee contributions that would have accrued had
 3167  the member remained in the pension plan and not transferred to
 3168  the investment plan is not permitted.
 3169         4. An employee’s ability to transfer from the pension plan
 3170  defined benefit program to the investment plan optional
 3171  retirement program pursuant to paragraphs (a) and (b) (a)-(d),
 3172  and the ability of a current employee to have an option to later
 3173  transfer back into the pension plan defined benefit program
 3174  under subparagraph 2., shall be deemed a significant system
 3175  amendment. Pursuant to s. 121.031(4), any resulting unfunded
 3176  liability arising from actual original transfers from the
 3177  pension plan defined benefit program to the investment plan
 3178  optional program must be amortized within 30 plan years as a
 3179  separate unfunded actuarial base independent of the reserve
 3180  stabilization mechanism defined in s. 121.031(3)(f). For the
 3181  first 25 years, a direct amortization payment may not be
 3182  calculated for this base. During this 25-year period, the
 3183  separate base shall be used to offset the impact of employees
 3184  exercising their second program election under this paragraph.
 3185  It is the intent of the Legislature that the actuarial funded
 3186  status of the pension plan defined benefit program not be
 3187  affected by such second program elections in any significant
 3188  manner, after due recognition of the separate unfunded actuarial
 3189  base. Following the initial 25-year period, any remaining
 3190  balance of the original separate base shall be amortized over
 3191  the remaining 5 years of the required 30-year amortization
 3192  period.
 3193         5. If the employee chooses to transfer from the investment
 3194  plan optional retirement program to the pension plan defined
 3195  benefit program and retains an excess account balance in the
 3196  investment plan optional program after satisfying the buy-in
 3197  requirements under this paragraph, the excess may not be
 3198  distributed until the member retires from the pension plan
 3199  defined benefit program. The excess account balance may be
 3200  rolled over to the pension plan defined benefit program and used
 3201  to purchase service credit or upgrade creditable service in that
 3202  program.
 3203         (f) On or after July 1, 2011, a member of the pension plan
 3204  who obtains a refund of employee contributions retains his or
 3205  her prior plan choice upon return to employment in a regularly
 3206  established position with a participating employer.
 3207         (g) A member of the investment plan who takes a
 3208  distribution of any contributions from his or her investment
 3209  plan account is considered a retiree. Upon reemployment in a
 3210  regularly established position with a participating employer,
 3211  the member returns as a new hire and, if applicable, may
 3212  participate in the Florida Retirement System.
 3213         (5) CONTRIBUTIONS.—
 3214         (a) The Each employer and employee shall make the required
 3215  contributions to the investment plan based on a percentage of
 3216  the employee’s gross monthly compensation contribute on behalf
 3217  of each participant in the Public Employee optional retirement
 3218  Program, as provided in part III of this chapter.
 3219         (b) Employee contributions shall be paid on a pretax basis,
 3220  as provided in s. 121.71(2).
 3221         (c) The state board, acting as plan fiduciary, shall ensure
 3222  that all plan assets are held in a trust, pursuant to s. 401 of
 3223  the Internal Revenue Code. The fiduciary shall ensure that said
 3224  contributions are allocated as follows:
 3225         1. The employer and employee portion earmarked for member
 3226  participant accounts shall be used to purchase interests in the
 3227  appropriate investment vehicles for the accounts of each
 3228  participant as specified by the member participant, or in
 3229  accordance with paragraph (4)(b) (4)(d).
 3230         2. The employer portion earmarked for administrative and
 3231  educational expenses shall be transferred to the state board.
 3232         3. The employer portion earmarked for disability benefits
 3233  shall be transferred to the department.
 3234         (d)(b)The third-party administrator is Employers are
 3235  responsible for monitoring and notifying employers of the
 3236  participants regarding maximum contribution levels allowed for
 3237  members permitted under the Internal Revenue Code. If a member
 3238  participant contributes to any other tax-deferred plan, the
 3239  member he or she is responsible for ensuring that total
 3240  contributions made to the investment plan optional program and
 3241  to any other such plan do not exceed federally permitted
 3242  maximums.
 3243         (e)(c) The investment plan Public Employee Optional
 3244  Retirement Program may accept for deposit into member
 3245  participant accounts contributions in the form of rollovers or
 3246  direct trustee-to-trustee transfers by or on behalf of members
 3247  participants, reasonably determined by the state board to be
 3248  eligible for rollover or transfer to the investment plan
 3249  optional retirement program pursuant to the Internal Revenue
 3250  Code, if such contributions are made in accordance with rules as
 3251  may be adopted by the board. Such contributions must shall be
 3252  accounted for in accordance with any applicable Internal Revenue
 3253  Code requirements and rules of the state board.
 3254         (6) VESTING REQUIREMENTS.—
 3255         (a) A member is fully and immediately vested in all
 3256  employee contributions paid to the investment plan as provided
 3257  in s. 121.72(2), plus interest and earnings thereon and less
 3258  investment fees and administrative charges.
 3259         (b)(a)1. With respect to employer contributions paid on
 3260  behalf of a member of the participant to the investment plan
 3261  optional retirement program, plus interest and earnings thereon
 3262  and less investment fees and administrative charges, a member
 3263  who voluntarily elected to enroll in the investment plan before
 3264  July 1, 2011, or an eligible employee initially enrolled in the
 3265  Florida Retirement System before July 1, 2011, who has the
 3266  option to voluntarily elect to enroll in the investment plan,
 3267  participant is vested after completing 1 work year with an
 3268  employer, including any service while the employee participant
 3269  was a member of the pension plan defined benefit program or an
 3270  optional retirement program authorized under s. 121.051(2)(c),
 3271  or s. 121.055(6), or s. 121.35.
 3272         2.With respect to employer contributions paid on behalf of
 3273  the member of the investment plan, plus interest and earnings
 3274  thereon and less investment fees and administrative charges, an
 3275  employee initially enrolled in the Florida Retirement System on
 3276  or after July 1, 2011, is vested according to the following
 3277  schedule:
 3278         a. Upon completion of 1 year of service.................20%
 3279         b. Upon completion of 2 years of service................40%
 3280         c. Upon completion of 3 years of service................60%
 3281         d. Upon completion of 4 years of service................80%
 3282         e. Upon completion of 5 or more years of service.......100%
 3283  
 3284  Years of service includes any service completed while the
 3285  employee was a member of the pension plan or an optional
 3286  retirement program authorized under s. 121.051(2)(c), s.
 3287  121.055(6), or s. 121.35.
 3288         3.2. If the member participant terminates employment before
 3289  satisfying the vesting requirements, the nonvested accumulation
 3290  must be transferred from the member’s participant’s accounts to
 3291  the state board for deposit and investment by the state board in
 3292  the suspense account created within the Florida Public Employee
 3293  Optional Retirement System Investment Plan Program Trust Fund.
 3294  If the terminated member participant is reemployed as an
 3295  eligible employee within 5 years, the state board shall transfer
 3296  to the member’s participant’s account any amount previously
 3297  transferred from the member’s participant’s accounts to the
 3298  suspense account, plus actual earnings on such amount while in
 3299  the suspense account.
 3300         (c)(b)1. With respect to amounts contributed by an employer
 3301  and transferred from the pension plan defined benefit program to
 3302  the investment plan program, plus interest and earnings, and
 3303  less investment fees and administrative charges, a member
 3304  participant shall be vested in the amount transferred upon
 3305  meeting the service requirements for the member’s participant’s
 3306  membership class as set forth in s. 121.021(29). The third-party
 3307  administrator shall account for such amounts for each member
 3308  participant. The division shall notify the member participant
 3309  and the third-party administrator when the member participant
 3310  has satisfied the vesting period for Florida Retirement System
 3311  purposes.
 3312         2. If the member participant terminates employment before
 3313  satisfying the vesting requirements, the nonvested employer
 3314  accumulation must be transferred from the member’s participant’s
 3315  accounts to the state board for deposit and investment by the
 3316  state board in the suspense account created within the Florida
 3317  Public Employee Optional Retirement System Investment Plan
 3318  Program Trust Fund. If the terminated member participant is
 3319  reemployed as an eligible employee within 5 years, the state
 3320  board shall transfer to the member’s participant’s account any
 3321  amount previously transferred from the member’s participant’s
 3322  accounts to the suspense account, plus the actual earnings on
 3323  such amount while in the suspense account.
 3324         (d)(c) Any nonvested accumulations transferred from a
 3325  member’s participant’s account to the state board’s suspense
 3326  account, including any accompanying service credit, shall be
 3327  forfeited by the member participant if the member participant is
 3328  not reemployed as an eligible employee within 5 years after
 3329  termination.
 3330         (e) If the member elects to receive any of his or her
 3331  vested employer or employee contributions upon termination of
 3332  employment as defined in s. 121.021, except for a mandatory
 3333  distribution of a de minimis account authorized by the state
 3334  board or a minimum required distribution provided by s.
 3335  401(a)(9) of the Internal Revenue Code, the employee shall
 3336  forfeit all nonvested employer contributions and accompanying
 3337  service credit paid on behalf of the employee to the investment
 3338  plan.
 3339         (7) BENEFITS.—Under the investment plan the normal
 3340  retirement date is the date on which a member attains age 62 or
 3341  completes 5 years of service, whichever occurs later. Plan
 3342  benefits must Public Employee Optional Retirement program:
 3343         (a) Benefits shall Be provided in accordance with s. 401(a)
 3344  of the Internal Revenue Code.
 3345         (b) Benefits shall Accrue in individual accounts that are
 3346  member-directed participant-directed, portable, and funded by
 3347  employer and employee contributions and earnings thereon.
 3348         (c) Benefits shall Be payable in accordance with the
 3349  provisions of s. 121.591.
 3350         (8) ADMINISTRATION OF PLAN PROGRAM.—
 3351         (a) The investment plan optional retirement program shall
 3352  be administered by the state board and affected employers. The
 3353  state board may require oaths, by affidavit or otherwise, and
 3354  acknowledgments from persons in connection with the
 3355  administration of its statutory duties and responsibilities for
 3356  the plan this program. An oath, by affidavit or otherwise, may
 3357  not be required of an employee participant at the time of
 3358  enrollment. For members enrolled before July 1, 2011,
 3359  acknowledgment of an employee’s election to enroll participate
 3360  in the plan may program shall be no greater than necessary to
 3361  confirm the employee’s election. The state board shall adopt
 3362  rules to carry out its statutory duties with respect to
 3363  administering the investment plan optional retirement program,
 3364  including establishing the roles and responsibilities of
 3365  affected state, local government, and education-related
 3366  employers, the state board, the department, and third-party
 3367  contractors. The department shall adopt rules necessary to
 3368  administer the investment plan optional program in coordination
 3369  with the pension plan defined benefit program and the disability
 3370  benefits available under the investment plan optional program.
 3371         (a)(b)1. The state board shall select and contract with a
 3372  one third-party administrator to provide administrative services
 3373  if those services cannot be competitively and contractually
 3374  provided by the division of Retirement within the Department of
 3375  Management Services. With the approval of the state board, the
 3376  third-party administrator may subcontract with other
 3377  organizations or individuals to provide components of the
 3378  administrative services. As a cost of administration, the state
 3379  board may compensate any such contractor for its services, in
 3380  accordance with the terms of the contract, as is deemed
 3381  necessary or proper by the board. The third-party administrator
 3382  may not be an approved provider or be affiliated with an
 3383  approved provider.
 3384         2. These administrative services may include, but are not
 3385  limited to, enrollment of eligible employees, collection of
 3386  employer and employee contributions, disbursement of such
 3387  contributions to approved providers in accordance with the
 3388  allocation directions of members participants; services relating
 3389  to consolidated billing; individual and collective recordkeeping
 3390  and accounting; asset purchase, control, and safekeeping; and
 3391  direct disbursement of funds to and from the third-party
 3392  administrator, the division, the state board, employers, plan
 3393  members participants, approved providers, and beneficiaries.
 3394  This section does not prevent or prohibit a bundled provider
 3395  from providing any administrative or customer service, including
 3396  accounting and administration of individual member participant
 3397  benefits and contributions; individual member participant
 3398  recordkeeping; asset purchase, control, and safekeeping; direct
 3399  execution of the member’s participant’s instructions as to asset
 3400  and contribution allocation; calculation of daily net asset
 3401  values; direct access to member participant account information;
 3402  or periodic reporting to members participants, at least
 3403  quarterly, on account balances and transactions, if these
 3404  services are authorized by the state board as part of the
 3405  contract.
 3406         (b)1.3. The state board shall select and contract with one
 3407  or more organizations to provide educational services. With
 3408  approval of the state board, the organizations may subcontract
 3409  with other organizations or individuals to provide components of
 3410  the educational services. As a cost of administration, the state
 3411  board may compensate any such contractor for its services in
 3412  accordance with the terms of the contract, as is deemed
 3413  necessary or proper by the board. The education organization may
 3414  not be an approved provider or be affiliated with an approved
 3415  provider.
 3416         2.4. Educational services shall be designed by the state
 3417  board and department to assist employers, eligible employees,
 3418  members participants, and beneficiaries in order to maintain
 3419  compliance with United States Department of Labor regulations
 3420  under s. 404(c) of the Employee Retirement Income Security Act
 3421  of 1974, and to assist employees in understanding their choice
 3422  of defined benefit or defined contribution retirement program,
 3423  and, if applicable, the choice between the pension plan and the
 3424  investment plan alternatives. Educational services include, but
 3425  are not limited to, disseminating educational materials;
 3426  providing retirement planning education; explaining the pension
 3427  differences between the defined benefit retirement plan and the
 3428  investment defined contribution retirement plan; and offering
 3429  financial planning guidance on matters such as investment
 3430  diversification, investment risks, investment costs, and asset
 3431  allocation. An approved provider may also provide educational
 3432  information, including retirement planning and investment
 3433  allocation information concerning its products and services.
 3434         (c)1. In evaluating and selecting a third-party
 3435  administrator, the state board shall establish criteria for
 3436  evaluating under which it shall consider the relative
 3437  capabilities and qualifications of each proposed administrator.
 3438  In developing such criteria, the state board shall consider:
 3439         a. The administrator’s demonstrated experience in providing
 3440  administrative services to public or private sector retirement
 3441  systems.
 3442         b. The administrator’s demonstrated experience in providing
 3443  daily valued recordkeeping for investment to defined
 3444  contribution plans.
 3445         c. The administrator’s ability and willingness to
 3446  coordinate its activities with the Florida Retirement System
 3447  employers, the state board, and the division, and to supply to
 3448  such employers, the board, and the division the information and
 3449  data they require, including, but not limited to, monthly
 3450  management reports, quarterly member participant reports, and ad
 3451  hoc reports requested by the department or state board.
 3452         d. The cost-effectiveness and levels of the administrative
 3453  services provided.
 3454         e. The administrator’s ability to interact with the members
 3455  participants, the employers, the state board, the division, and
 3456  the providers; the means by which members participants may
 3457  access account information, direct investment of contributions,
 3458  make changes to their accounts, transfer moneys between
 3459  available investment vehicles, and transfer moneys between
 3460  investment products; and any fees that apply to such activities.
 3461         f. Any other factor deemed necessary by the Trustees of the
 3462  state board of Administration.
 3463         2. In evaluating and selecting an educational provider, the
 3464  state board shall establish criteria under which it shall
 3465  consider the relative capabilities and qualifications of each
 3466  proposed educational provider. In developing such criteria, the
 3467  board shall consider:
 3468         a. Demonstrated experience in providing educational
 3469  services to public or private sector retirement systems.
 3470         b. Ability and willingness to coordinate its activities
 3471  with the Florida Retirement System employers, the state board,
 3472  and the division, and to supply to such employers, the board,
 3473  and the division the information and data they require,
 3474  including, but not limited to, reports on educational contacts.
 3475         c. The cost-effectiveness and levels of the educational
 3476  services provided.
 3477         d. Ability to provide educational services via different
 3478  media, including, but not limited to, the Internet, personal
 3479  contact, seminars, brochures, and newsletters.
 3480         e. Any other factor deemed necessary by the Trustees of the
 3481  state board of Administration.
 3482         3. The establishment of the criteria shall be solely within
 3483  the discretion of the state board.
 3484         (d) The state board shall develop the form and content of
 3485  any contracts to be offered under the investment plan Public
 3486  Employee Optional Retirement Program. In developing the its
 3487  contracts, the state board shall must consider:
 3488         1. The nature and extent of the rights and benefits to be
 3489  afforded in relation to the required contributions required
 3490  under the plan program.
 3491         2. The suitability of the rights and benefits provided to
 3492  be afforded and the interests of employers in the recruitment
 3493  and retention of eligible employees.
 3494         (e)1. The state board may contract with any consultant for
 3495  professional services, including legal, consulting, accounting,
 3496  and actuarial services, deemed necessary to implement and
 3497  administer the investment plan optional program by the Trustees
 3498  of the state board of Administration. The state board may enter
 3499  into a contract with one or more vendors to provide low-cost
 3500  investment advice to members participants, supplemental to
 3501  education provided by the third-party administrator. All fees
 3502  under any such contract shall be paid by those members
 3503  participants who choose to use the services of the vendor.
 3504         2. The department may contract with consultants for
 3505  professional services, including legal, consulting, accounting,
 3506  and actuarial services, deemed necessary to implement and
 3507  administer the investment plan optional program in coordination
 3508  with the pension plan defined benefit program of the Florida
 3509  Retirement System. The department, in coordination with the
 3510  state board, may enter into a contract with the third-party
 3511  administrator in order to coordinate services common to the
 3512  various programs within the Florida Retirement System.
 3513         (f) The third-party administrator may shall not receive
 3514  direct or indirect compensation from an approved provider,
 3515  except as specifically provided for in the contract with the
 3516  state board.
 3517         (g) The state board shall receive and resolve member
 3518  participant complaints against the investment plan program, the
 3519  third-party administrator, or any plan program vendor or
 3520  provider; shall resolve any conflict between the third-party
 3521  administrator and an approved provider if such conflict
 3522  threatens the implementation or administration of the plan
 3523  program or the quality of services to employees; and may resolve
 3524  any other conflicts. The third-party administrator shall retain
 3525  all member participant records for at least 5 years for use in
 3526  resolving any member participant conflicts. The state board, the
 3527  third-party administrator, or a provider is not required to
 3528  produce documentation or an audio recording to justify action
 3529  taken with regard to a member participant if the action occurred
 3530  5 or more years before the complaint is submitted to the state
 3531  board. It is presumed that all action taken 5 or more years
 3532  before the complaint is submitted was taken at the request of
 3533  the member participant and with the member’s participant’s full
 3534  knowledge and consent. To overcome this presumption, the member
 3535  participant must present documentary evidence or an audio
 3536  recording demonstrating otherwise.
 3537         (9) INVESTMENT OPTIONS OR PRODUCTS; PERFORMANCE REVIEW.—
 3538         (a) The state board shall develop policy and procedures for
 3539  selecting, evaluating, and monitoring the performance of
 3540  approved providers and investment products to which employees
 3541  may direct retirement contributions under the investment plan
 3542  program. In accordance with such policy and procedures, the
 3543  state board shall designate and contract for a number of
 3544  investment products as determined by the state board. The state
 3545  board shall also select one or more bundled providers, each of
 3546  which whom may offer multiple investment options and related
 3547  services, if when such an approach is determined by the state
 3548  board to provide afford value to the members participants
 3549  otherwise not available through individual investment products.
 3550  Each approved bundled provider may offer investment options that
 3551  provide members participants with the opportunity to invest in
 3552  each of the following asset classes, to be composed of
 3553  individual options that represent either a single asset class or
 3554  a combination thereof: money markets, United States fixed
 3555  income, United States equities, and foreign stock. The state
 3556  board shall review and manage all educational materials,
 3557  contract terms, fee schedules, and other aspects of the approved
 3558  provider relationships to ensure that no provider is unduly
 3559  favored or penalized by virtue of its status within the
 3560  investment plan.
 3561         (b) The state board shall consider investment options or
 3562  products it considers appropriate to give members participants
 3563  the opportunity to accumulate retirement benefits, subject to
 3564  the following:
 3565         1. The investment plan Public Employee Optional Retirement
 3566  Program must offer a diversified mix of low-cost investment
 3567  products that span the risk-return spectrum and may include a
 3568  guaranteed account as well as investment products, such as
 3569  individually allocated guaranteed and variable annuities, which
 3570  meet the requirements of this subsection and combine the ability
 3571  to accumulate investment returns with the option of receiving
 3572  lifetime income consistent with the long-term retirement
 3573  security of a pension plan and similar to the lifetime-income
 3574  benefit provided by the Florida Retirement System.
 3575         2. Investment options or products offered by the group of
 3576  approved providers may include mutual funds, group annuity
 3577  contracts, individual retirement annuities, interests in trusts,
 3578  collective trusts, separate accounts, and other such financial
 3579  instruments, and may include products that give members
 3580  participants the option of committing their contributions for an
 3581  extended time period in an effort to obtain returns higher than
 3582  those that could be obtained from investment products offering
 3583  full liquidity.
 3584         3. The state board may shall not contract with a any
 3585  provider that imposes a front-end, back-end, contingent, or
 3586  deferred sales charge, or any other fee that limits or restricts
 3587  the ability of members participants to select any investment
 3588  product available in the investment plan optional program. This
 3589  prohibition does not apply to fees or charges that are imposed
 3590  on withdrawals from products that give members participants the
 3591  option of committing their contributions for an extended time
 3592  period in an effort to obtain returns higher than those that
 3593  could be obtained from investment products offering full
 3594  liquidity, provided that the product in question, net of all
 3595  fees and charges, produces material benefits relative to other
 3596  comparable products in the plan program offering full liquidity.
 3597         4. Fees or charges for insurance features, such as
 3598  mortality and expense-risk charges, must be reasonable relative
 3599  to the benefits provided.
 3600         (c) In evaluating and selecting approved providers and
 3601  products, the state board shall establish criteria for
 3602  evaluating under which it shall consider the relative
 3603  capabilities and qualifications of each proposed provider
 3604  company and product. In developing such criteria, the state
 3605  board shall consider the following to the extent such factors
 3606  may be applied in connection with investment products, services,
 3607  or providers:
 3608         1. Experience in the United States providing retirement
 3609  products and related financial services under investment defined
 3610  contribution retirement plans.
 3611         2. Financial strength and stability as which shall be
 3612  evidenced by the highest ratings assigned by nationally
 3613  recognized rating services when comparing proposed providers
 3614  that are so rated.
 3615         3. Intrastate and interstate portability of the product
 3616  offered, including early withdrawal options.
 3617         4. Compliance with the Internal Revenue Code.
 3618         5. The cost-effectiveness of the product provided and the
 3619  levels of service supporting the product relative to its
 3620  benefits and its characteristics, including, without limitation,
 3621  the level of risk borne by the provider.
 3622         6. The provider company’s ability and willingness to
 3623  coordinate its activities with Florida Retirement System
 3624  employers, the department, and the state board, and to supply to
 3625  the such employers, the department, and the state board with the
 3626  information and data they require.
 3627         7. The methods available to members participants to
 3628  interact with the provider company; the means by which members
 3629  participants may access account information, direct investment
 3630  of contributions, make changes to their accounts, transfer
 3631  moneys between available investment vehicles, and transfer
 3632  moneys between provider companies; and any fees that apply to
 3633  such activities.
 3634         8. The provider company’s policies with respect to the
 3635  transfer of individual account balances, contributions, and
 3636  earnings thereon, both internally among investment products
 3637  offered by the provider company and externally between approved
 3638  providers, as well as any fees, charges, reductions, or
 3639  penalties that may be applied.
 3640         9. An evaluation of specific investment products, taking
 3641  into account each product’s experience in meeting its investment
 3642  return objectives net of all related fees, expenses, and
 3643  charges, including, but not limited to, investment management
 3644  fees, loads, distribution and marketing fees, custody fees,
 3645  recordkeeping fees, education fees, annuity expenses, and
 3646  consulting fees.
 3647         10. Organizational factors, including, but not limited to,
 3648  financial solvency, organizational depth, and experience in
 3649  providing institutional and retail investment services.
 3650         (d) By March 1, 2010, The state board shall identify and
 3651  offer at least one terror-free investment product that allocates
 3652  its funds among securities not subject to divestiture as
 3653  provided in s. 215.473 if the investment product is deemed by
 3654  the state board to be consistent with prudent investor
 3655  standards. No person may bring a civil, criminal, or
 3656  administrative action against an approved provider; the state
 3657  board; or any employee, officer, director, or trustee of such
 3658  provider based upon the divestiture of any security or the
 3659  offering of a terror-free investment product as specified in
 3660  this paragraph.
 3661         (e) As a condition of offering an any investment option or
 3662  product in the investment plan optional retirement program, the
 3663  approved provider must agree to make the investment product or
 3664  service available under the most beneficial terms offered to any
 3665  other customer, subject to approval by the Trustees of the state
 3666  board of Administration.
 3667         (f) The state board shall regularly review the performance
 3668  of each approved provider and product and related organizational
 3669  factors to ensure continued compliance with established
 3670  selection criteria and with board policy and procedures.
 3671  Providers and products may be terminated subject to contract
 3672  provisions. The state board shall adopt procedures to transfer
 3673  account balances from terminated products or providers to other
 3674  products or providers in the investment plan optional program.
 3675         (g)1. An approved provider shall comply with all applicable
 3676  federal and state securities and insurance laws and regulations
 3677  applicable to the provider, as well as with the applicable rules
 3678  and guidelines of the National Association of Securities Dealers
 3679  which govern the ethical marketing of investment products. In
 3680  furtherance of this mandate, an approved provider must agree in
 3681  its contract with the state board to establish and maintain a
 3682  compliance education and monitoring system to supervise the
 3683  activities of all personnel who directly communicate with
 3684  individual members participants and recommend investment
 3685  products, which system is consistent with rules of the National
 3686  Association of Securities Dealers.
 3687         2. Approved provider personnel who directly communicate
 3688  with individual members participants and who recommend
 3689  investment products shall make an independent and unbiased
 3690  determination as to whether an investment product is suitable
 3691  for a particular member participant.
 3692         3. The state board shall develop procedures to receive and
 3693  resolve member participant complaints against a provider or
 3694  approved provider personnel, and, if when appropriate, refer
 3695  such complaints to the appropriate agency.
 3696         4. Approved providers may not sell or in any way distribute
 3697  any customer list or member participant identification
 3698  information generated through their offering of products or
 3699  services through the investment plan optional retirement
 3700  program.
 3701         (10) EDUCATION COMPONENT.—
 3702         (a) The state board, in coordination with the department,
 3703  shall provide for an education component for eligible employees
 3704  system members in a manner consistent with the provisions of
 3705  this section. The education component must be available to
 3706  eligible employees at least 90 days before prior to the
 3707  beginning date of the election period for the employees of the
 3708  respective types of employers.
 3709         (b) The education component must provide eligible employees
 3710  system members with impartial and balanced information about
 3711  plan choices. The education component must involve multimedia
 3712  formats. Plan Program comparisons must, to the greatest extent
 3713  possible, be based upon the retirement income that different
 3714  retirement programs may provide to the member participant. The
 3715  state board shall monitor the performance of the contract for
 3716  the education component to ensure that the program is conducted
 3717  in accordance with the contract, applicable law, and the rules
 3718  of the board.
 3719         (c) The state board, in coordination with the department,
 3720  shall provide for an initial and ongoing transfer education
 3721  component to provide system members with information necessary
 3722  to make informed plan choice decisions. The transfer education
 3723  component must include, but is not limited to, information on:
 3724         1. The amount of money available to a member to transfer to
 3725  the investment plan defined contribution program.
 3726         2. The features of and differences between the pension plan
 3727  defined benefit program and the investment plan defined
 3728  contribution program, both generally and specifically, as those
 3729  differences may affect the member.
 3730         3. The expected benefit available if the member were to
 3731  retire under each of the retirement programs, based on
 3732  appropriate alternative sets of assumptions.
 3733         4. The rate of return from investments in the investment
 3734  plan defined contribution program and the period of time over
 3735  which such rate of return must be achieved to equal or exceed
 3736  the expected monthly benefit payable to the member under the
 3737  pension plan defined benefit program.
 3738         5. The historical rates of return for the investment
 3739  alternatives available in the investment plan defined
 3740  contribution programs.
 3741         6. The benefits and historical rates of return on
 3742  investments available in a typical deferred compensation plan or
 3743  a typical plan under s. 403(b) of the Internal Revenue Code for
 3744  which the employee may be eligible.
 3745         7. The program choices available to employees of the State
 3746  University System and the comparative benefits of each available
 3747  program, if applicable.
 3748         8. Payout options available in each of the retirement
 3749  programs.
 3750         (d) An ongoing education and communication component must
 3751  provide eligible employees system members with information
 3752  necessary to make informed decisions about choices within their
 3753  retirement program of membership and in preparation for
 3754  retirement. The component must include, but is not limited to,
 3755  information concerning:
 3756         1. Rights and conditions of membership.
 3757         2. Benefit features within the program, options, and
 3758  effects of certain decisions.
 3759         3. Coordination of contributions and benefits with a
 3760  deferred compensation plan under s. 457 or a plan under s.
 3761  403(b) of the Internal Revenue Code.
 3762         4. Significant program changes.
 3763         5. Contribution rates and program funding status.
 3764         6. Planning for retirement.
 3765         (e) Descriptive materials must be prepared under the
 3766  assumption that the employee is an unsophisticated investor, and
 3767  all materials used in the education component must be approved
 3768  by the state board before prior to dissemination.
 3769         (f) The state board and the department shall also establish
 3770  a communication component to provide program information to
 3771  participating employers and the employers’ personnel and payroll
 3772  officers and to explain their respective responsibilities in
 3773  conjunction with the retirement programs.
 3774         (g) Funding for education of new employees may reflect
 3775  administrative costs to the investment plan optional program and
 3776  the pension plan defined benefit program.
 3777         (h) Pursuant to paragraph (8)(a), all Florida Retirement
 3778  System employers have an obligation to regularly communicate the
 3779  existence of the two Florida Retirement System plans and the
 3780  plan choice in the natural course of administering their
 3781  personnel functions, using the educational materials supplied by
 3782  the state board and the department of Management Services.
 3783         (11) MEMBER PARTICIPANT INFORMATION REQUIREMENTS.—The state
 3784  board shall ensure that each member participant is provided a
 3785  quarterly statement that accounts for employer and employee the
 3786  contributions made on behalf of the member such participant; the
 3787  interest and investment earnings thereon; and any fees,
 3788  penalties, or other deductions that apply thereto. At a minimum,
 3789  such statements must:
 3790         (a) Indicate the member’s participant’s investment options.
 3791         (b) State the market value of the account at the close of
 3792  the current quarter and previous quarter.
 3793         (c) Show account gains and losses for the period and
 3794  changes in account accumulation unit values for the quarter
 3795  period.
 3796         (d) Itemize account contributions for the quarter.
 3797         (e) Indicate any account changes due to adjustment of
 3798  contribution levels, reallocation of contributions, balance
 3799  transfers, or withdrawals.
 3800         (f) Set forth any fees, charges, penalties, and deductions
 3801  that apply to the account.
 3802         (g) Indicate the amount of the account in which the member
 3803  participant is fully vested and the amount of the account in
 3804  which the member participant is not vested.
 3805         (h) Indicate each investment product’s performance relative
 3806  to an appropriate market benchmark.
 3807  
 3808  The third-party administrator shall provide quarterly and annual
 3809  summary reports to the state board and any other reports
 3810  requested by the department or the board. In any solicitation or
 3811  offer of coverage under the investment plan an optional
 3812  retirement program, a provider company shall be governed by the
 3813  contract readability provisions of s. 627.4145, notwithstanding
 3814  s. 627.4145(6)(c). In addition, all descriptive materials must
 3815  be prepared under the assumption that the member participant is
 3816  an unsophisticated investor. Provider companies must maintain an
 3817  internal system of quality assurance, have proven functional
 3818  systems that are date-calculation compliant, and be subject to a
 3819  due-diligence inquiry that proves their capacity and fitness to
 3820  undertake service responsibilities.
 3821         (12) ADVISORY COUNCIL TO PROVIDE ADVICE AND ASSISTANCE.—The
 3822  Investment Advisory Council, created pursuant to s. 215.444,
 3823  shall assist the state board in implementing and administering
 3824  the investment plan Public Employee Optional Retirement Program.
 3825  The Investment Advisory council, created pursuant to s. 215.444,
 3826  shall review the state board’s initial recommendations regarding
 3827  the criteria to be used in selecting and evaluating approved
 3828  providers and investment products. The council may provide
 3829  comments on the recommendations to the board within 45 days
 3830  after receiving the initial recommendations. The state board
 3831  shall make the final determination as to whether any investment
 3832  provider or product, any contractor, or any and all contract
 3833  provisions are shall be approved for the investment plan
 3834  program.
 3835         (13) FEDERAL REQUIREMENTS.—
 3836         (a) Provisions of This section shall be construed, and the
 3837  investment plan Public Employee Optional Retirement Program
 3838  shall be administered, so as to comply with the Internal Revenue
 3839  Code, 26 U.S.C., and specifically with plan qualification
 3840  requirements imposed on governmental plans under s. 401(a) of
 3841  the Internal Revenue Code. The state board may shall have the
 3842  power and authority to adopt rules reasonably necessary to
 3843  establish or maintain the qualified status of the investment
 3844  plan Optional Retirement Program under the Internal Revenue Code
 3845  and to implement and administer the plan Optional Retirement
 3846  Program in compliance with the Internal Revenue Code and this
 3847  part; provided however, that the board may shall not have the
 3848  authority to adopt any rule which makes a substantive change to
 3849  the investment plan Optional Retirement Program as designed by
 3850  this part.
 3851         (b) Any section or provision of this chapter which is
 3852  susceptible to more than one construction shall must be
 3853  interpreted in favor of the construction most likely to satisfy
 3854  requirements imposed by s. 401(a) of the Internal Revenue Code.
 3855         (c) Employer and employee contributions payable under this
 3856  section for any limitation year may not exceed the maximum
 3857  amount allowable for qualified defined contribution pension
 3858  plans under applicable provisions of the Internal Revenue Code.
 3859  If an employee who is enrolled who has elected to participate in
 3860  the investment plan enrolls Public Employee Optional Retirement
 3861  Program participates in any other plan that is maintained by the
 3862  participating employer, benefits that accrue under the
 3863  investment plan are Public Employee Optional Retirement Program
 3864  shall be considered primary for any aggregate limitation
 3865  applicable under s. 415 of the Internal Revenue Code.
 3866         (14) INVESTMENT POLICY STATEMENT.—
 3867         (a) Investment products and approved providers selected for
 3868  the investment plan Public Employee Optional Retirement Program
 3869  must shall conform with the Florida Public Employee Optional
 3870  Retirement System Program Investment Plan Policy Statement,
 3871  herein referred to as the “statement,” as developed and approved
 3872  by the Trustees of the state board of Administration. The
 3873  statement must include, among other items, the investment
 3874  objectives of the investment plan Public Employee Optional
 3875  Retirement Program, manager selection and monitoring guidelines,
 3876  and performance measurement criteria. As required from time to
 3877  time, the executive director of the state board may present
 3878  recommended changes in the statement to the board for approval.
 3879         (b) Before Prior to presenting the statement, or any
 3880  recommended changes thereto, to the state board, the executive
 3881  director of the board shall present such statement or changes to
 3882  the Investment Advisory Council for review. The council shall
 3883  present the results of its review to the board prior to the
 3884  board’s final approval of the statement or changes in the
 3885  statement.
 3886         (15) STATEMENT OF FIDUCIARY STANDARDS AND
 3887  RESPONSIBILITIES.—
 3888         (a) Investment of investment plan optional defined
 3889  contribution retirement plan assets shall be made for the sole
 3890  interest and exclusive purpose of providing benefits to plan
 3891  members participants and beneficiaries and defraying reasonable
 3892  expenses of administering the plan. The program’s assets shall
 3893  are to be invested, on behalf of the members program
 3894  participants, with the care, skill, and diligence that a prudent
 3895  person acting in a like manner would undertake. The performance
 3896  of the investment duties set forth in this paragraph shall
 3897  comply with the fiduciary standards set forth in the Employee
 3898  Retirement Income Security Act of 1974 at 29 U.S.C. s.
 3899  1104(a)(1)(A)-(C). In case of conflict with other provisions of
 3900  law authorizing investments, the investment and fiduciary
 3901  standards set forth in this subsection shall prevail.
 3902         (b) If a member participant or beneficiary of the
 3903  investment plan Public Employee Optional Retirement program
 3904  exercises control over the assets in his or her account, as
 3905  determined by reference to regulations of the United States
 3906  Department of Labor under s. 404(c) of the Employee Retirement
 3907  Income Security Act of 1974 and all applicable laws governing
 3908  the operation of the program, a no program fiduciary is not
 3909  shall be liable for any loss to a member’s participant’s or
 3910  beneficiary’s account which results from the member’s such
 3911  participant’s or beneficiary’s exercise of control.
 3912         (c) Subparagraph (8)(b)2. (8)(b)4. and paragraph (15)(b)
 3913  incorporate the federal law concept of member participant
 3914  control, established by regulations of the United States
 3915  Department of Labor under s. 404(c) of the Employee Retirement
 3916  Income Security Act of 1974 (ERISA). The purpose of this
 3917  paragraph is to assist employers and the state board of
 3918  Administration in maintaining compliance with s. 404(c), while
 3919  avoiding unnecessary costs and eroding member participant
 3920  benefits under the investment plan Public Employee Optional
 3921  Retirement program. Pursuant to 29 C.F.R. s. 2550.404c
 3922  1(b)(2)(i)(B)(1)(viii), the state board of Administration or its
 3923  designated agents shall deliver to members participants of the
 3924  investment plan Public Employee Optional Retirement program a
 3925  copy of the prospectus most recently provided to the plan, and,
 3926  pursuant to 29 C.F.R. s. 2550.404c-1(b)(2)(i)(B)(2)(ii), shall
 3927  provide such members participants an opportunity to obtain this
 3928  information, except that:
 3929         1. The requirement to deliver a prospectus shall be deemed
 3930  to be satisfied by delivery of a fund profile or summary profile
 3931  that contains the information that would be included in a
 3932  summary prospectus as described by Rule 498 under the Securities
 3933  Act of 1933, 17 C.F.R. s. 230.498. If When the transaction fees,
 3934  expense information, or other information provided by a mutual
 3935  fund in the prospectus does not reflect terms negotiated by the
 3936  state board of Administration or its designated agents, the
 3937  aforementioned requirement is deemed to be satisfied by delivery
 3938  of a separate document described by Rule 498 substituting
 3939  accurate information; and
 3940         2. Delivery shall be deemed to have been effected if
 3941  delivery is through electronic means and the following standards
 3942  are satisfied:
 3943         a. Electronically-delivered documents are prepared and
 3944  provided consistent with style, format, and content requirements
 3945  applicable to printed documents;
 3946         b. Each member participant is provided timely and adequate
 3947  notice of the documents that are to be delivered and their
 3948  significance thereof, and of the member’s participant’s right to
 3949  obtain a paper copy of such documents free of charge;
 3950         c.(I)Members Participants have adequate access to the
 3951  electronic documents, at locations such as their worksites or
 3952  public facilities, and have the ability to convert the documents
 3953  to paper free of charge by the state board of Administration,
 3954  and the board or its designated agents take appropriate and
 3955  reasonable measures to ensure that the system for furnishing
 3956  electronic documents results in actual receipt., or
 3957         (II)Members Participants have provided consent to receive
 3958  information in electronic format, which consent may be revoked;
 3959  and
 3960         d. The state board of Administration, or its designated
 3961  agent, actually provides paper copies of the documents free of
 3962  charge, upon request.
 3963         (16) DISABILITY BENEFITS.—For any member participant of the
 3964  investment plan optional retirement program who becomes totally
 3965  and permanently disabled, benefits must shall be paid in
 3966  accordance with the provisions of s. 121.591.
 3967         (17) SOCIAL SECURITY COVERAGE.—Social security coverage
 3968  shall be provided for all officers and employees who become
 3969  members participants of the investment plan optional program.
 3970  Any modification of the present agreement with the Social
 3971  Security Administration, or referendum required under the Social
 3972  Security Act, for the purpose of providing social security
 3973  coverage for any member shall be requested by the state agency
 3974  in compliance with the applicable provisions of the Social
 3975  Security Act governing such coverage. However, retroactive
 3976  social security coverage for service before prior to December 1,
 3977  1970, with the employer may shall not be provided for any member
 3978  who was not covered under the agreement as of November 30, 1970.
 3979         (18) RETIREE HEALTH INSURANCE SUBSIDY.—All officers and
 3980  employees who are members participants of the investment plan
 3981  are optional program shall be eligible to receive the retiree
 3982  health insurance subsidy, subject to the provisions of s.
 3983  112.363.
 3984         (19) MEMBER PARTICIPANT RECORDS.—Personal identifying
 3985  information of a member of participant in the investment plan
 3986  Public Employee Optional Retirement Program contained in Florida
 3987  Retirement System records held by the state board of
 3988  Administration or the department of Management Services is
 3989  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 3990  Constitution.
 3991         (20) DESIGNATION OF BENEFICIARIES.—
 3992         (a) Each member participant may, by electronic means or on
 3993  a form provided for that purpose, signed and filed with the
 3994  third-party administrator, designate a choice of one or more
 3995  persons, named sequentially or jointly, as his or her
 3996  beneficiary for receiving who shall receive the benefits, if
 3997  any, which may be payable pursuant to this chapter in the event
 3998  of the member’s participant’s death. If no beneficiary is named
 3999  in this manner, or if no beneficiary designated by the member
 4000  participant survives the member participant, the beneficiary
 4001  shall be the spouse of the deceased, if living. If the member’s
 4002  participant’s spouse is not alive at the time of the
 4003  beneficiary’s his or her death, the beneficiary shall be the
 4004  member’s living children of the participant. If no children
 4005  survive, the beneficiary shall be the member’s participant’s
 4006  father or mother, if living; otherwise, the beneficiary shall be
 4007  the member’s participant’s estate. The beneficiary most recently
 4008  designated by a member participant on a form or letter filed
 4009  with the third-party administrator shall be the beneficiary
 4010  entitled to any benefits payable at the time of the member’s
 4011  participant’s death. However Notwithstanding any other provision
 4012  in this subsection to the contrary, if a member for a
 4013  participant who dies before prior to his or her effective date
 4014  of retirement, the spouse at the time of death shall be the
 4015  member’s participant’s beneficiary unless the member such
 4016  participant designates a different beneficiary as provided in
 4017  this subsection subsequent to the member’s participant’s most
 4018  recent marriage.
 4019         (b) If a member participant designates a primary
 4020  beneficiary other than the member’s participant’s spouse, the
 4021  member’s participant’s spouse must sign the beneficiary
 4022  designation form to acknowledge the designation. This
 4023  requirement does not apply to the designation of one or more
 4024  contingent beneficiaries to receive benefits remaining upon the
 4025  death of the primary beneficiary or beneficiaries.
 4026         (c) Notwithstanding the member’s participant’s designation
 4027  of benefits to be paid through a trust to a beneficiary that is
 4028  a natural person, and notwithstanding the provisions of the
 4029  trust, benefits must shall be paid directly to the beneficiary
 4030  if the person is no longer a minor or an incapacitated person as
 4031  defined in s. 744.102.
 4032         (21) PARTICIPATION BY TERMINATED DEFERRED RETIREMENT OPTION
 4033  PROGRAM PARTICIPANTS.—Notwithstanding any other provision of law
 4034  to the contrary, members participating participants in the
 4035  Deferred Retirement Option Program offered under part I may,
 4036  after conclusion of their participation in the program, elect to
 4037  roll over or authorize a direct trustee-to-trustee transfer to
 4038  an account under the investment plan Public Employee Optional
 4039  Retirement Program of their Deferred Retirement Option Program
 4040  proceeds distributed as provided under s. 121.091(13)(c)5. The
 4041  transaction must constitute an “eligible rollover distribution”
 4042  within the meaning of s. 402(c)(4) of the Internal Revenue Code.
 4043         (a) The investment plan Public Employee Optional Retirement
 4044  Program may accept such amounts for deposit into member
 4045  participant accounts as provided in paragraph (5)(e) (5)(c).
 4046         (b) The affected member participant shall direct the
 4047  investment of his or her investment account; however, unless he
 4048  or she becomes a renewed member of the Florida Retirement System
 4049  under s. 121.122 and elects to enroll participate in the
 4050  investment plan Public Employee Optional Retirement program,
 4051  employer and employee contributions may not be made to the
 4052  member’s participant’s account as provided under paragraph
 4053  (5)(a).
 4054         (c) The state board or the department is not responsible
 4055  for locating those persons who may be eligible to enroll
 4056  participate in the investment plan Public Employee Optional
 4057  Retirement Program under this subsection.
 4058         (22) CREDIT FOR MILITARY SERVICE.—Creditable service of any
 4059  member of the investment program includes Public Employee
 4060  Optional Retirement Program shall include military service in
 4061  the Armed Forces of the United States as provided in the
 4062  conditions outlined in s. 121.111(1).
 4063         Section 23. Section 121.4502, Florida Statutes, is amended
 4064  to read:
 4065         121.4502 Florida Public Employee Optional Retirement System
 4066  Investment Plan Program Trust Fund.—
 4067         (1) The Florida Public Employee Optional Retirement System
 4068  Investment Plan Program Trust Fund is created to hold the assets
 4069  of the Florida Public Employee Optional Retirement System
 4070  Investment Plan Program in trust for the exclusive benefit of
 4071  plan members such program’s participants and beneficiaries, and
 4072  for the payment of reasonable administrative expenses of the
 4073  plan program, in accordance with s. 401 of the Internal Revenue
 4074  Code, and shall be administered by the State Board of
 4075  Administration as trustee. Funds shall be credited to the trust
 4076  fund as provided in this part and, to be used for the purposes
 4077  of this part. The trust fund is exempt from the service charges
 4078  imposed by s. 215.20.
 4079         (2) The Florida Public Employee Optional Retirement System
 4080  Investment Plan Program Trust Fund is a retirement trust fund of
 4081  the Florida Retirement System that accounts for retirement plan
 4082  assets held by the state in a trustee capacity as a fiduciary
 4083  for individual members participants in the Florida Public
 4084  Employee Optional Retirement System Investment Plan Program and,
 4085  pursuant to s. 19(f), Art. III of the State Constitution, is not
 4086  subject to termination.
 4087         (3) A forfeiture account shall be created within the
 4088  Florida Retirement System Investment Plan Public Employee
 4089  Optional Retirement Program Trust Fund to hold the assets
 4090  derived from the forfeiture of benefits by participating members
 4091  participants. Pursuant to a private letter ruling from the
 4092  Internal Revenue Service, the forfeiture account may be used
 4093  only for paying expenses of the Florida Retirement System
 4094  Investment Plan Public Employee Optional Retirement Program and
 4095  reducing future employer contributions to the program.
 4096  Consistent with Rulings 80-155 and 74-340 of the Internal
 4097  Revenue Service, unallocated reserves within the forfeiture
 4098  account must be used as quickly and as prudently as possible
 4099  considering the state board’s fiduciary duty. Expected
 4100  withdrawals from the account must endeavor to reduce the account
 4101  to zero each fiscal year.
 4102         Section 24. Subsections (1) and (3) of section 121.4503,
 4103  Florida Statutes, are amended to read:
 4104         121.4503 Florida Retirement System Contributions Clearing
 4105  Trust Fund.—
 4106         (1) The Florida Retirement System Contributions Clearing
 4107  Trust Fund is created as a clearing fund for disbursing employer
 4108  and employee contributions to the component plans of the Florida
 4109  Retirement System and shall be administered by the department of
 4110  Management Services. Funds shall be credited to the trust fund
 4111  as provided in this chapter and shall be held in trust for the
 4112  contributing employers and employees until such time as the
 4113  assets are transferred by the department to the Florida
 4114  Retirement System Trust Fund, the Florida Public Employee
 4115  Optional Retirement System Investment Plan Program Trust Fund,
 4116  or other trust funds as authorized by law, to be used for the
 4117  purposes of this chapter. The trust fund is exempt from the
 4118  service charges imposed by s. 215.20.
 4119         (3) The department of Management Services may adopt rules
 4120  governing the receipt and disbursement of amounts received by
 4121  the Florida Retirement System Contributions Clearing Trust Fund
 4122  from employers and employees contributing to the component plans
 4123  of the Florida Retirement System.
 4124         Section 25. Section 121.571, Florida Statutes, is amended
 4125  to read:
 4126         121.571 Contributions.—Contributions to the Florida Public
 4127  Employee Optional Retirement System Investment Plan Program
 4128  shall be made as follows:
 4129         (1) CONTRIBUTORY NONCONTRIBUTORY PLAN.—Each employer and
 4130  employee shall submit accomplish the contributions as required
 4131  under by s. 121.71 by a procedure in which no employee’s gross
 4132  salary shall be reduced.
 4133         (2) CONTRIBUTION RATES GENERALLY.—Contributions to fund the
 4134  retirement and disability benefits provided under this part must
 4135  shall be based on the uniform contribution rates established by
 4136  s. 121.71 and on the membership class or subclass of the
 4137  employee participant. Such contributions must shall be allocated
 4138  as provided in ss. 121.72 and 121.73.
 4139         (3) CONTRIBUTIONS FOR SOCIAL SECURITY COVERAGE AND FOR
 4140  RETIREE HEALTH INSURANCE SUBSIDY.—Contributions required under
 4141  s. 121.71 are this section shall be in addition to employer and
 4142  member contributions required for social security and the
 4143  Retiree Health Insurance Subsidy Trust Fund as required under
 4144  provided in ss. 112.363, 121.052, 121.055, and 121.071, as
 4145  appropriate.
 4146         Section 26. Section 121.591, Florida Statutes, is amended
 4147  to read:
 4148         121.591 Payment of benefits payable under the Public
 4149  Employee Optional Retirement Program of the Florida Retirement
 4150  System.—Benefits may not be paid under the Florida Retirement
 4151  System Investment Plan this section unless the member has
 4152  terminated employment as provided in s. 121.021(39)(a) or is
 4153  deceased and a proper application has been filed as in the
 4154  manner prescribed by the state board or the department. Before
 4155  termination of employment, benefits are not payable under the
 4156  investment plan for employee hardships, unforeseeable
 4157  emergencies, loans, medical expenses, educational expenses,
 4158  purchase of a principal residence, payments necessary to prevent
 4159  eviction or foreclosure on an employee’s principal residence, or
 4160  any other reason prior to termination from all employment
 4161  relationships with participating employers. The state board or
 4162  department, as appropriate, may cancel an application for
 4163  retirement benefits if when the member or beneficiary fails to
 4164  timely provide the information and documents required by this
 4165  chapter and the rules of the state board and department. In
 4166  accordance with their respective responsibilities as provided
 4167  herein, the state board of Administration and the department of
 4168  Management Services shall adopt rules establishing procedures
 4169  for application for retirement benefits and for the cancellation
 4170  of such application if when the required information or
 4171  documents are not received. The state board of Administration
 4172  and the department of Management Services, as appropriate, are
 4173  authorized to cash out a de minimis account of not more than
 4174  $5,000 of a member participant who has been terminated from
 4175  Florida Retirement System covered employment for a minimum of 6
 4176  calendar months. A de minimis account is an account containing
 4177  employer contributions and accumulated earnings of not more than
 4178  $5,000 made under the provisions of this chapter. Such cash-out
 4179  must either be a complete lump-sum liquidation of the account
 4180  balance, subject to the provisions of the Internal Revenue Code,
 4181  or a lump-sum direct rollover distribution paid directly to the
 4182  custodian of an eligible retirement plan, as defined by the
 4183  Internal Revenue Code, on behalf of the member participant. Any
 4184  nonvested accumulations, including amounts transferred to the
 4185  suspense account of the Florida Retirement System Investment
 4186  Plan Trust Fund, are forfeited upon payment of any vested
 4187  benefit to a member or beneficiary, except for de minimis
 4188  distributions or minimum required distributions as provided
 4189  under this section. If any financial instrument issued for the
 4190  payment of retirement benefits under this section is not
 4191  presented for payment within 180 days after the last day of the
 4192  month in which it was originally issued, the third-party
 4193  administrator or other duly authorized agent of the state board
 4194  of Administration shall cancel the instrument and credit the
 4195  amount of the instrument to the suspense account of the Florida
 4196  Public Employee Optional Retirement System Investment Plan
 4197  Program Trust Fund authorized under s. 121.4501(6). Any such
 4198  amounts transferred to the suspense account are payable upon a
 4199  proper application, not to include earnings thereon, as provided
 4200  in this section, within 10 years after the last day of the month
 4201  in which the instrument was originally issued, after which time
 4202  such amounts and any earnings attributable to employer
 4203  contributions are thereon shall be forfeited. Any such forfeited
 4204  amounts are assets of the Public Employee Optional Retirement
 4205  Program trust fund and are not subject to the provisions of
 4206  chapter 717.
 4207         (1) NORMAL BENEFITS.—Under the Florida Public Employee
 4208  Optional Retirement System Investment Plan Program:
 4209         (a) Benefits in the form of vested accumulations as
 4210  described in s. 121.4501(6) are payable under this subsection in
 4211  accordance with the following terms and conditions:
 4212         1. To the extent vested, Benefits are payable only to a
 4213  member, alternate payee of a qualified domestic relations order,
 4214  or a beneficiary participant.
 4215         2. Benefits shall be paid by the third-party administrator
 4216  or designated approved providers in accordance with the law, the
 4217  contracts, and any applicable board rule or policy.
 4218         3. To receive benefits, The member participant must be
 4219  terminated from all employment with all Florida Retirement
 4220  System employers, as provided in s. 121.021(39).
 4221         4. Benefit payments may not be made until the member
 4222  participant has been terminated for 3 calendar months, except
 4223  that the state board may authorize by rule for the distribution
 4224  of up to 10 percent of the member’s participant’s account after
 4225  being terminated for 1 calendar month if the member participant
 4226  has reached the normal retirement date as defined in s. 121.021
 4227  of the defined benefit plan.
 4228         5. If a member or former member of the Florida Retirement
 4229  System receives an invalid distribution from the Public Employee
 4230  Optional Retirement Program Trust Fund, such person must repay
 4231  the full amount invalid distribution to the trust fund within 90
 4232  days after receipt of final notification by the state board or
 4233  the third-party administrator that the distribution was invalid,
 4234  or, in lieu of repayment, must terminate employment from all
 4235  participating employers. If such person fails to repay the full
 4236  invalid distribution within 90 days after receipt of final
 4237  notification, the person may be deemed retired from the
 4238  investment plan optional retirement program by the state board,
 4239  as provided pursuant to s. 121.4501(2)(k), and is subject to s.
 4240  121.122. If such person is deemed retired by the state board,
 4241  any joint and several liability set out in s. 121.091(9)(d)2. is
 4242  becomes null and void, and the state board, the department, or
 4243  the employing agency is not liable for gains on payroll
 4244  contributions that have not been deposited to the person’s
 4245  account in the investment plan retirement program, pending
 4246  resolution of the invalid distribution. The member or former
 4247  member who has been deemed retired or who has been determined by
 4248  the state board to have taken an invalid distribution may appeal
 4249  the agency decision through the complaint process as provided
 4250  under s. 121.4501(9)(g)3. As used in this subparagraph, the term
 4251  “invalid distribution” means any distribution from an account in
 4252  the investment plan optional retirement program which is taken
 4253  in violation of this section, s. 121.091(9), or s. 121.4501.
 4254         (b) If a member participant elects to receive his or her
 4255  benefits upon termination of employment as defined in s.
 4256  121.021, the member participant must submit a written
 4257  application or an application by electronic means to the third
 4258  party administrator indicating his or her preferred distribution
 4259  date and selecting an authorized method of distribution as
 4260  provided in paragraph (c). The member participant may defer
 4261  receipt of benefits until he or she chooses to make such
 4262  application, subject to federal requirements.
 4263         (c) Upon receipt by the third-party administrator of a
 4264  properly executed application for distribution of benefits, the
 4265  total accumulated benefit is shall be payable to the member pro
 4266  rata across all Florida Retirement System benefit sources
 4267  participant, as:
 4268         1. A lump-sum or partial distribution to the member
 4269  participant;
 4270         2. A lump-sum direct rollover distribution whereby all
 4271  accrued benefits, plus interest and investment earnings, are
 4272  paid from the member’s participant’s account directly to the
 4273  custodian of an eligible retirement plan, as defined in s.
 4274  402(c)(8)(B) of the Internal Revenue Code, on behalf of the
 4275  member participant; or
 4276         3. Periodic distributions, as authorized by the state
 4277  board.
 4278         (d) The distribution payment method selected by the plan
 4279  member or beneficiary, and the retirement of the member or
 4280  beneficiary, is final and irrevocable at the time a benefit
 4281  distribution payment is cashed, deposited, or transferred to
 4282  another financial institution. Any additional service that
 4283  remains unclaimed at retirement may not be claimed or purchased,
 4284  and the type of retirement may not be changed, except that if a
 4285  member recovers from a disability, the member may subsequently
 4286  request normal service benefits under subsection (2).
 4287         (e) A member may not receive a distribution of employee
 4288  contributions if a pending or approved qualified domestic
 4289  relations order is filed against the member’s investment plan
 4290  account.
 4291         (2) DISABILITY RETIREMENT BENEFITS.—Benefits provided under
 4292  this subsection are payable in lieu of the benefits that which
 4293  would otherwise be payable under the provisions of subsection
 4294  (1). Such benefits must shall be funded entirely from employer
 4295  contributions made under s. 121.571, transferred employee
 4296  contributions and participant funds accumulated pursuant to
 4297  paragraph (a), and interest and earnings thereon. Pursuant
 4298  thereto:
 4299         (a) Transfer of funds.—To qualify for to receive monthly
 4300  disability benefits under this subsection:
 4301         1. All moneys accumulated in a member’s account the
 4302  participant’s Public Employee Optional Retirement Program
 4303  accounts, including vested and nonvested accumulations as
 4304  described in s. 121.4501(6), must shall be transferred from such
 4305  individual accounts to the division of Retirement for deposit in
 4306  the disability account of the Florida Retirement System Trust
 4307  Fund. Such moneys must shall be separately accounted for
 4308  separately. Earnings must shall be credited on an annual basis
 4309  for amounts held in the disability accounts of the Florida
 4310  Retirement System Trust Fund based on actual earnings of the
 4311  Florida Retirement System trust fund.
 4312         2. If the member participant has retained retirement credit
 4313  he or she had earned under the pension plan defined benefit
 4314  program of the Florida Retirement System as provided in s.
 4315  121.4501(3) s. 121.4501(3)(b), a sum representing the actuarial
 4316  present value of such credit within the Florida Retirement
 4317  System Trust Fund shall be reassigned by the division of
 4318  Retirement from the pension plan defined benefit program to the
 4319  disability program as implemented under this subsection and
 4320  shall be deposited in the disability account of the Florida
 4321  Retirement System trust fund. Such moneys must shall be
 4322  separately accounted for separately.
 4323         (b) Disability retirement; entitlement.—
 4324         1. A member participant of the investment plan Public
 4325  Employee Optional Retirement program who becomes totally and
 4326  permanently disabled, as defined in paragraph (d) s.
 4327  121.091(4)(b), after completing 8 years of creditable service,
 4328  or a member participant who becomes totally and permanently
 4329  disabled in the line of duty regardless of his or her length of
 4330  service, is shall be entitled to a monthly disability benefit as
 4331  provided herein.
 4332         2. In order for service to apply toward the 8 years of
 4333  creditable service required to vest for regular disability
 4334  benefits, or toward the creditable service used in calculating a
 4335  service-based benefit as provided for under paragraph (g), the
 4336  service must be creditable service as described below:
 4337         a. The member’s participant’s period of service under the
 4338  investment plan shall Public Employee Optional Retirement
 4339  program will be considered creditable service, except as
 4340  provided in subparagraph d.
 4341         b. If the member participant has elected to retain credit
 4342  for his or her service under the pension plan defined benefit
 4343  program of the Florida Retirement System as provided under s.
 4344  121.4501(3) s. 121.4501(3)(b), all such service shall will be
 4345  considered creditable service.
 4346         c. If the member elects participant has elected to transfer
 4347  to his or her member participant accounts a sum representing the
 4348  present value of his or her retirement credit under the pension
 4349  plan defined benefit program as provided under s. 121.4501(3) s.
 4350  121.4501(3)(c), the period of service under the pension plan
 4351  defined benefit program represented in the present value amounts
 4352  transferred shall will be considered creditable service for
 4353  purposes of vesting for disability benefits, except as provided
 4354  in subparagraph d.
 4355         d. If a member Whenever a participant has terminated
 4356  employment and has taken distribution of his or her funds as
 4357  provided in subsection (1), all creditable service represented
 4358  by such distributed funds is forfeited for purposes of this
 4359  subsection.
 4360         (c) Disability retirement effective date.—The effective
 4361  retirement date for a member participant who applies and is
 4362  approved for disability retirement shall be established as
 4363  provided under s. 121.091(4)(a)2. and 3.
 4364         (d) Total and permanent disability.—A member is participant
 4365  shall be considered totally and permanently disabled if, in the
 4366  opinion of the division, he or she is prevented, by reason of a
 4367  medically determinable physical or mental impairment, from
 4368  rendering useful and efficient service as an officer or
 4369  employee.
 4370         (e) Proof of disability.The division, Before approving
 4371  payment of any disability retirement benefit, the division shall
 4372  require proof that the member participant is totally and
 4373  permanently disabled in the same manner as provided for members
 4374  of the defined benefit program of the Florida Retirement System
 4375  under s. 121.091(4)(c).
 4376         (f) Disability retirement benefit.—Upon the disability
 4377  retirement of a member participant under this subsection, the
 4378  member participant shall receive a monthly benefit that begins
 4379  accruing shall begin to accrue on the first day of the month of
 4380  disability retirement, as approved by the division, and is shall
 4381  be payable on the last day of that month and each month
 4382  thereafter during his or her lifetime and continued disability.
 4383  All disability benefits must payable to such member shall be
 4384  paid out of the disability account of the Florida Retirement
 4385  System Trust Fund established under this subsection.
 4386         (g) Computation of disability retirement benefit.—The
 4387  amount of each monthly payment must shall be calculated in the
 4388  same manner as provided for members of the defined benefit
 4389  program of the Florida Retirement System under s. 121.091(4)(f).
 4390  For such purpose, Creditable service under both the pension plan
 4391  defined benefit program and the investment plan Public Employee
 4392  Optional Retirement Program of the Florida Retirement System
 4393  shall be applicable as provided under paragraph (b).
 4394         (h) Reapplication.—A member participant whose initial
 4395  application for disability retirement is has been denied may
 4396  reapply for disability benefits in the same manner, and under
 4397  the same conditions, as provided for members of the pension plan
 4398  defined benefit program of the Florida Retirement System under
 4399  s. 121.091(4)(g).
 4400         (i) Membership.—Upon approval of a member’s an application
 4401  for disability benefits under this subsection, the applicant
 4402  shall be transferred to the pension plan defined benefit program
 4403  of the Florida Retirement System, effective upon his or her
 4404  disability retirement effective date.
 4405         (j) Option to cancel.A member Any participant whose
 4406  application for disability benefits is approved may cancel the
 4407  his or her application if for disability benefits, provided that
 4408  the cancellation request is received by the division before a
 4409  disability retirement warrant has been deposited, cashed, or
 4410  received by direct deposit. Upon such cancellation:
 4411         1. The member’s participant’s transfer to the pension plan
 4412  defined benefit program under paragraph (i) shall be nullified;
 4413         2. The member participant shall be retroactively reinstated
 4414  in the investment plan Public Employee Optional Retirement
 4415  program without hiatus;
 4416         3. All funds transferred to the Florida Retirement System
 4417  Trust Fund under paragraph (a) must shall be returned to the
 4418  member participant accounts from which the such funds were
 4419  drawn; and
 4420         4. The member participant may elect to receive the benefit
 4421  payable under the provisions of subsection (1) in lieu of
 4422  disability benefits as provided under this subsection.
 4423         (k) Recovery from disability.—
 4424         1. The division may require periodic reexaminations at the
 4425  expense of the disability program account of the Florida
 4426  Retirement System Trust Fund. Except as otherwise provided in
 4427  subparagraph 2., the requirements, procedures, and restrictions
 4428  relating to the conduct and review of such reexaminations,
 4429  discontinuation or termination of benefits, reentry into
 4430  employment, disability retirement after reentry into covered
 4431  employment, and all other matters relating to recovery from
 4432  disability shall be the same as provided are set forth under s.
 4433  121.091(4)(h).
 4434         2. Upon recovery from disability, the any recipient of
 4435  disability retirement benefits under this subsection shall be
 4436  transferred back to the investment plan a compulsory member of
 4437  the Public Employee Optional Retirement Program of the Florida
 4438  Retirement System. The net difference between the recipient’s
 4439  original account balance transferred to the Florida Retirement
 4440  System Trust Fund, including earnings, under paragraph (a) and
 4441  total disability benefits paid to such recipient, if any, shall
 4442  be determined as provided in sub-subparagraph a.
 4443         a. An amount equal to the total benefits paid shall be
 4444  subtracted from that portion of the transferred account balance
 4445  consisting of vested accumulations as described under s.
 4446  121.4501(6), if any, and an amount equal to the remainder of
 4447  benefit amounts paid, if any, shall then be subtracted from any
 4448  remaining portion consisting of nonvested accumulations as
 4449  described under s. 121.4501(6).
 4450         b. Amounts subtracted under sub-subparagraph a. must shall
 4451  be retained within the disability account of the Florida
 4452  Retirement System Trust Fund. Any remaining account balance
 4453  shall be transferred to the third-party administrator for
 4454  disposition as provided under sub-subparagraph c. or sub
 4455  subparagraph d., as appropriate.
 4456         c. If the recipient returns to covered employment,
 4457  transferred amounts must shall be deposited in individual
 4458  accounts under the investment plan Public Employee Optional
 4459  Retirement program, as directed by the member participant.
 4460  Vested and nonvested amounts shall be separately accounted for
 4461  as provided in s. 121.4501(6).
 4462         d. If the recipient fails to return to covered employment
 4463  upon recovery from disability:
 4464         (I) Any remaining vested amount must shall be deposited in
 4465  individual accounts under the investment plan Public Employee
 4466  Optional Retirement program, as directed by the member
 4467  participant, and is shall be payable as provided in subsection
 4468  (1).
 4469         (II) Any remaining nonvested amount must shall be held in a
 4470  suspense account and is shall be forfeitable after 5 years as
 4471  provided in s. 121.4501(6).
 4472         3. If present value was reassigned from the pension plan
 4473  defined benefit program to the disability program of the Florida
 4474  Retirement System as provided under subparagraph (a)2., the full
 4475  present value amount must shall be returned to the pension plan
 4476  defined benefit account within the Florida Retirement System
 4477  Trust Fund and the recipient’s affected individual’s associated
 4478  retirement credit under the pension plan must defined benefit
 4479  program shall be reinstated in full. Any benefit based upon such
 4480  credit must shall be calculated as provided in s.
 4481  121.091(4)(h)1.
 4482         (l) Nonadmissible causes of disability.—A member is
 4483  participant shall not be entitled to receive a disability
 4484  retirement benefit if the disability results from any injury or
 4485  disease sustained or inflicted as described in s. 121.091(4)(i).
 4486         (m) Disability retirement of justice or judge by order of
 4487  Supreme Court.—
 4488         1. If a member participant is a justice of the Supreme
 4489  Court, judge of a district court of appeal, circuit judge, or
 4490  judge of a county court who has served for 6 years or more as an
 4491  elected constitutional judicial officer, including service as a
 4492  judicial officer in any court abolished pursuant to Art. V of
 4493  the State Constitution, and who is retired for disability by
 4494  order of the Supreme Court upon recommendation of the Judicial
 4495  Qualifications Commission pursuant to s. 12, the provisions of
 4496  Art. V of the State Constitution, the member’s participant’s
 4497  Option 1 monthly disability benefit amount as provided in s.
 4498  121.091(6)(a)1. shall be two-thirds of his or her monthly
 4499  compensation as of the member’s participant’s disability
 4500  retirement date. The member Such a participant may alternatively
 4501  elect to receive an actuarially adjusted disability retirement
 4502  benefit under any other option as provided in s. 121.091(6)(a),
 4503  or to receive the normal benefit payable under the Public
 4504  Employee Optional Retirement Program as set forth in subsection
 4505  (1).
 4506         2. If any justice or judge who is a member participant of
 4507  the investment plan Public Employee Optional Retirement program
 4508  of the Florida Retirement System is retired for disability by
 4509  order of the Supreme Court upon recommendation of the Judicial
 4510  Qualifications Commission pursuant to s. 12, the provisions of
 4511  Art. V of the State Constitution, and elects to receive a
 4512  monthly disability benefit under the provisions of this
 4513  paragraph:
 4514         a. Any present value amount that was transferred to his or
 4515  her plan program account and all employer and employee
 4516  contributions made to such account on his or her behalf, plus
 4517  interest and earnings thereon, must shall be transferred to and
 4518  deposited in the disability account of the Florida Retirement
 4519  System Trust Fund; and
 4520         b. The monthly disability benefits payable under this
 4521  paragraph for any affected justice or judge retired from the
 4522  Florida Retirement System pursuant to Art. V of the State
 4523  Constitution shall be paid from the disability account of the
 4524  Florida Retirement System Trust Fund.
 4525         (n) Death of retiree or beneficiary.—Upon the death of a
 4526  disabled retiree or beneficiary of the retiree thereof who is
 4527  receiving monthly disability benefits under this subsection, the
 4528  monthly benefits shall be paid through the last day of the month
 4529  of death and shall terminate, or be adjusted, if applicable, as
 4530  of that date in accordance with the optional form of benefit
 4531  selected at the time of retirement. The department of Management
 4532  Services may adopt rules necessary to administer this paragraph.
 4533         (3) DEATH BENEFITS.—Under the Florida Public Employee
 4534  Optional Retirement System Investment Plan Program:
 4535         (a) Survivor benefits are shall be payable in accordance
 4536  with the following terms and conditions:
 4537         1. To the extent vested, Benefits are shall be payable only
 4538  to a member’s participant’s beneficiary or beneficiaries as
 4539  designated by the member participant as provided in s.
 4540  121.4501(20).
 4541         2. Benefits shall be paid by the third-party administrator
 4542  or designated approved providers in accordance with the law, the
 4543  contracts, and any applicable state board rule or policy.
 4544         3. To receive benefits under this subsection, the member
 4545  participant must be deceased.
 4546         (b) Except as provided in paragraph (d), if the employment
 4547  of a member is terminated by reason of his or her In the event
 4548  of a participant’s death:,
 4549         1. Before being vested, only the member’s accumulated
 4550  contributions are payable to his or her designated beneficiary.
 4551         2. After being vested, all vested accumulations as
 4552  described in s. 121.4501(6), less withholding taxes remitted to
 4553  the Internal Revenue Service, shall be distributed, as provided
 4554  in paragraph (c) or as described in s. 121.4501(20), as if the
 4555  member participant retired on the date of death. No other death
 4556  benefits are shall be available for survivors of members
 4557  participants under the investment plan Public Employee Optional
 4558  Retirement Program, except for such benefits, or coverage for
 4559  such benefits, as are otherwise provided by law or are
 4560  separately provided afforded by the employer, at the employer’s
 4561  discretion.
 4562         (c) Upon receipt by the third-party administrator of a
 4563  properly executed application for distribution of benefits under
 4564  paragraph (b), the total accumulated benefit is shall be payable
 4565  by the third-party administrator to the member’s participant’s
 4566  surviving beneficiary or beneficiaries, as:
 4567         1. A lump-sum distribution payable to the beneficiary or
 4568  beneficiaries, or to the deceased member’s participant’s estate;
 4569         2. An eligible rollover distribution on behalf of the
 4570  surviving spouse of a deceased member participant, whereby all
 4571  accrued benefits, plus interest and investment earnings, are
 4572  paid from the deceased member’s participant’s account directly
 4573  to the custodian of an eligible retirement plan, as described in
 4574  s. 402(c)(8)(B) of the Internal Revenue Code, on behalf of the
 4575  surviving spouse; or
 4576         3. A partial lump-sum payment whereby a portion of the
 4577  accrued benefit is paid to the deceased member’s participant’s
 4578  surviving spouse or other designated beneficiaries, less
 4579  withholding taxes remitted to the Internal Revenue Service, and
 4580  the remaining amount is transferred directly to the custodian of
 4581  an eligible retirement plan, as described in s. 402(c)(8)(B) of
 4582  the Internal Revenue Code, on behalf of the surviving spouse.
 4583  The proportions must be specified by the member participant or
 4584  the surviving beneficiary.
 4585  
 4586  This paragraph does not abrogate other applicable provisions of
 4587  state or federal law providing for payment of death benefits.
 4588         (4) LIMITATION ON LEGAL PROCESS.—The benefits payable to
 4589  any person under the Florida Public Employee Optional Retirement
 4590  System Investment Plan Program, and any contributions
 4591  accumulated under such plan program, are not subject to
 4592  assignment, execution, attachment, or any legal process, except
 4593  for qualified domestic relations orders by a court of competent
 4594  jurisdiction, income deduction orders as provided in s. 61.1301,
 4595  and federal income tax levies.
 4596         Section 27. Section 121.5911, Florida Statutes, is amended
 4597  to read:
 4598         121.5911 Disability retirement program; qualified status;
 4599  rulemaking authority.—It is the intent of the Legislature that
 4600  the disability retirement program for members participants of
 4601  the Florida Public Employee Optional Retirement System
 4602  Investment Plan Program as created in this act must meet all
 4603  applicable requirements of federal law for a qualified plan. The
 4604  department of Management Services shall seek a private letter
 4605  ruling from the Internal Revenue Service on the disability
 4606  retirement program for participants of the Public Employee
 4607  Optional Retirement Program. Consistent with the private letter
 4608  ruling, the department of Management Services shall adopt any
 4609  necessary rules necessary required to maintain the qualified
 4610  status of the disability retirement program and the Florida
 4611  Retirement System’s pension System defined benefit plan.
 4612         Section 28. Subsection (1) of section 121.70, Florida
 4613  Statutes, is amended to read:
 4614         121.70 Legislative purpose and intent.—
 4615         (1) This part provides for a uniform system for funding
 4616  benefits provided under the Florida Retirement System defined
 4617  benefit program established under part I of this chapter,
 4618  (referred to in this part as the pension plan, defined benefit
 4619  program) and under the Florida Public Employee Optional
 4620  Retirement System Investment Plan Program established under part
 4621  II of this chapter, (referred to in this part as the investment
 4622  plan optional retirement program). The Legislature recognizes
 4623  and declares that the Florida Retirement System is a single
 4624  retirement system, consisting of two retirement plans and other
 4625  nonintegrated programs. Employers and employees participating in
 4626  the Florida Retirement System collectively shall be responsible
 4627  for making contributions to support the benefits provided
 4628  afforded under both programs plans. The As provided in this
 4629  part, employers and employees participating in the Florida
 4630  Retirement System shall make contributions based upon uniform
 4631  contribution rates determined as a percentage of the total
 4632  payroll for each class or subclass of Florida Retirement System
 4633  membership, irrespective of which retirement program the plan
 4634  individual employee is enrolled in employees may elect. This
 4635  shall be known as a uniform or blended contribution rate system.
 4636         Section 29. Subsections (1) and (2) of section 121.71,
 4637  Florida Statutes, are amended, present subsections (3) and (4)
 4638  of that section are renumbered as subsections (5) and (8),
 4639  respectively, and new subsections (3), (4), (6), and (7) are
 4640  added to that section, to read:
 4641         121.71 Uniform rates; process; calculations; levy.—
 4642         (1) In conducting the system actuarial study required under
 4643  s. 121.031, the actuary shall follow all requirements specified
 4644  thereunder to determine, by Florida Retirement System employee
 4645  membership class, the dollar contribution amounts necessary for
 4646  the next forthcoming fiscal year for the pension plan defined
 4647  benefit program. In addition, the actuary shall determine, by
 4648  Florida Retirement System membership class, based on an estimate
 4649  for the forthcoming fiscal year of the gross compensation of
 4650  employees participating in the investment plan optional
 4651  retirement program, the dollar contribution amounts necessary to
 4652  make the allocations required under ss. 121.72 and 121.73. For
 4653  each employee membership class and subclass, the actuarial study
 4654  must shall establish a uniform rate necessary to fund the
 4655  benefit obligations under both Florida Retirement System
 4656  retirement plans by dividing the sum of total dollars required
 4657  by the estimated gross compensation of members in both plans.
 4658         (2) Based on the uniform rates set forth in subsections
 4659  subsection (3), (4), and (5), employers and employees shall make
 4660  monthly contributions to the division as required under s.
 4661  121.061(1) of Retirement, which shall initially deposit the
 4662  funds into the Florida Retirement System Contributions Clearing
 4663  Trust Fund. A change in a contribution rate is effective on the
 4664  first day of the month for which a full month’s employer
 4665  contribution may be made on or after the beginning date of the
 4666  change. Beginning July 1, 2011, each employee, except those
 4667  participating in the Deferred Retirement Option Program, shall
 4668  contribute the contributions required in subsection (3) to the
 4669  plan. The employer shall deduct the contribution from the
 4670  employee’s monthly salary and submit it to the division. The
 4671  contributions shall be reported as employer-paid employee
 4672  contributions, and shall be credited to the account of the
 4673  employee. The contributions shall be deducted from the
 4674  employee’s salary before the computation of applicable federal
 4675  taxes and treated as employer contributions under 26 U.S.C.
 4676  414(h)(2). Although designated as employee contributions, the
 4677  employer specifies that the contributions are being paid by the
 4678  employer in lieu of contributions by the employee. The employee
 4679  does not have the option of choosing to receive the contributed
 4680  amounts directly instead of having them paid to the plan. Such
 4681  contributions are mandatory and each employee is deemed to have
 4682  consented to the payroll deductions. Payment of an employee’s
 4683  salary or wages, less the contribution, is a full and complete
 4684  discharge and satisfaction of all claims and demands for the
 4685  service rendered by employees during the period covered by the
 4686  payment, except for claims to benefits to which they may be
 4687  entitled under this chapter.
 4688         (3) Effective July 1, 2011, the required employee
 4689  retirement contribution rates for all members of the Florida
 4690  Retirement System shall be 2 percent for gross compensation up
 4691  to and including $25,000, 4 percent for gross compensation
 4692  greater than $25,000 and up to and including $50,000, and 6
 4693  percent for gross compensation greater than $50,000. This
 4694  subsection does not apply to members participating in the
 4695  Deferred Option Retirement Program.
 4696         (4) Effective July 1, 2011, the required employee
 4697  retirement contribution rate for those members of the Elected
 4698  Officers’ Class who are members of the Florida Legislature and
 4699  all Statewide Elected Officials (for both the pension and
 4700  investment plans) shall be 3 percent for gross compensation up
 4701  to and including $25,000, 5 percent for gross compensation
 4702  greater than $25,000 and up to and including $50,000, and 7
 4703  percent for gross compensation greater than $50,000.
 4704         (5)(3) Required employer retirement contribution rates for
 4705  each membership class and subclass of the Florida Retirement
 4706  System for both retirement plans are as follows:
 4707  Membership Class                Percentage ofGrossCompensation,EffectiveJuly 1, 2011 2009Percentage ofGrossCompensation,EffectiveJuly 1, 2010
 4708                                  
 4709  Regular Class                      5.09% 8.69%          9.63%       
 4710  Special Risk Class                13.80% 19.76%         22.11%      
 4711  Special Risk Administrative Support Class   6.67% 11.39%         12.10%      
 4712  Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders   9.46% 13.32%         15.20%      
 4713  Elected Officers’ Class— Justices, Judges  12.02% 18.40%         20.65%      
 4714  Elected Officers’ Class— County Elected Officers  11.44% 15.37%         17.50%      
 4715  Senior Management Class            6.88% 11.96%         13.43%      
 4716  DROP                               3.12% 9.80%          11.14%      
 4717         (6)In order to address unfunded actuarial liabilities of
 4718  the system, the required employer retirement contribution rates
 4719  for each membership class and subclass of the Florida Retirement
 4720  System for both retirement plans are as follows:
 4721                                                                      
 4722                                                                      
 4723  Membership Class          Percentage ofGrossCompensation,EffectiveJuly 1, 2011                     
 4724  Regular Class                     0.00%                             
 4725  Special Risk Class                0.00%                             
 4726  Special Risk Administrative Support Class        0.00%                             
 4727  Elected Officers’ Class—Legislators, Governor,Lt. Governor,Cabinet Officers,State Attorneys,Public Defenders        0.00%                             
 4728  Elected Officers’ Class—Justices, Judges        0.00%                             
 4729  Elected Officers’ Class—County Elected Officers        0.00%                             
 4730  Senior Management Class           0.00%                             
 4731  DROP                              0.00%                             
 4732         (7) If a member is reported under an incorrect membership
 4733  class and the amount of contributions reported and remitted are
 4734  less than the amount required, the employer shall owe the
 4735  difference plus the delinquent fee of 1 percent for each
 4736  calendar month or part thereof that the contributions should
 4737  have been paid. This delinquent assessment may not be waived. If
 4738  the contributions reported and remitted are more than the amount
 4739  required, the employer shall receive a credit to be applied
 4740  against future contributions owed.
 4741         (8)(4) The state actuary shall recognize and use an
 4742  appropriate level of available excess assets of the Florida
 4743  Retirement System Trust Fund to offset the difference between
 4744  the normal costs of the Florida Retirement System and the
 4745  statutorily prescribed contribution rates.
 4746         Section 30. Section 121.72, Florida Statutes, is amended to
 4747  read:
 4748         121.72 Allocations to investment plan member optional
 4749  retirement program participant accounts; percentage amounts.—
 4750         (1) The allocations established in subsection (4) shall
 4751  fund retirement benefits under the investment plan under part II
 4752  of this chapter optional retirement program and shall be
 4753  transferred monthly by the division of Retirement from the
 4754  Florida Retirement System Contributions Clearing Trust Fund to
 4755  the third-party administrator for deposit in each participating
 4756  employee’s individual account based on the membership class of
 4757  the employee participant.
 4758         (2) The allocations are stated as a percentage of each
 4759  investment plan member’s optional retirement program
 4760  participant’s gross compensation for the calendar month. A
 4761  change in a contribution percentage is effective the first day
 4762  of the month for which retirement contributions a full month’s
 4763  employer contribution may be made on or after the beginning date
 4764  of the change. Contribution percentages may be modified by
 4765  general law.
 4766         (3) Employer and employee participant contributions to
 4767  member’s participant accounts shall be accounted for separately.
 4768  Participant contributions may be made only if expressly
 4769  authorized by law. Interest and investment earnings on
 4770  contributions shall accrue on a tax-deferred basis until
 4771  proceeds are distributed.
 4772         (4) Effective July 1, 2011 July 1, 2002, allocations from
 4773  the Florida Retirement System Contributions Clearing Trust Fund
 4774  to investment plan member optional retirement program
 4775  participant accounts, including employee contributions required
 4776  under s. 121.71(3), are shall be as follows:
 4777  Membership Class                      Percentage of Gross Compensation
 4778  Regular Class                                     9.00%             
 4779  Special Risk Class                                20.00%            
 4780  Special Risk Administrative Support Class            11.35%            
 4781  Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders            13.40%            
 4782  Elected Officers’ Class— Justices, Judges            18.90%            
 4783  Elected Officers’ Class— County Elected Officers            16.20%            
 4784  Senior Management Service Class                   10.95%            
 4785         Section 31. Section 121.73, Florida Statutes, is amended to
 4786  read:
 4787         121.73 Allocations for member optional retirement program
 4788  participant disability coverage; percentage amounts.—
 4789         (1) The allocations established in subsection (3) shall be
 4790  used to provide disability coverage for members of the
 4791  investment plan participants in the optional retirement program
 4792  and shall be transferred monthly by the division of Retirement
 4793  from the Florida Retirement System Contributions Clearing Trust
 4794  Fund to the disability account of the Florida Retirement System
 4795  Trust Fund.
 4796         (2) The allocations are stated as a percentage of each
 4797  investment plan member’s optional retirement program
 4798  participant’s gross compensation for the calendar month. A
 4799  change in a contribution percentage is effective the first day
 4800  of the month for which retirement contributions a full month’s
 4801  employer contribution may be made on or after the beginning date
 4802  of the change. Contribution percentages may be modified by
 4803  general law.
 4804         (3) Effective July 1, 2002, allocations from the Florida
 4805  Retirement System FRS Contribution Clearing Fund to provide
 4806  disability coverage for members of the investment plan
 4807  participants in the optional retirement program, and to offset
 4808  the costs of administering said coverage, shall be as follows:
 4809  Membership Class                      Percentage of Gross Compensation
 4810  Regular Class                                     0.25%             
 4811  Special Risk Class                                1.33%             
 4812  Special Risk Administrative Support Class            0.45%             
 4813  Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders            0.41%             
 4814  Elected Officers’ Class— Justices, Judges            0.73%             
 4815  Elected Officers’ Class— County Elected Officers            0.41%             
 4816  Senior Management Service Class                   0.26%             
 4817         (4) Effective July 1, 2011, allocations from the Florida
 4818  Retirement System Contribution Clearing Fund to provide
 4819  disability coverage for members of the investment plan and to
 4820  offset the costs of administering such coverage shall be the
 4821  actuarially indicated amount necessary to fund the statutorily
 4822  authorized benefit for the plan year as determined by the
 4823  department’s actuary.
 4824         Section 32. Section 121.74, Florida Statutes, is amended to
 4825  read:
 4826         121.74 Administrative and educational expenses.—In addition
 4827  to contributions required under ss. s. 121.71 and 121.73,
 4828  effective July 1, 2010, through June 30, 2014, employers
 4829  participating in the Florida Retirement System shall contribute
 4830  an amount equal to 0.03 percent of the payroll reported for each
 4831  class or subclass of Florida Retirement System membership;
 4832  effective July 1, 2014, the contribution rate shall be 0.04
 4833  percent of the payroll reported for each class or subclass of
 4834  membership. The amount contributed shall be transferred by the
 4835  division of Retirement from the Florida Retirement System
 4836  Contributions Clearing Trust Fund to the state board’s Board of
 4837  Administration’s administrative trust fund to offset the costs
 4838  of administering the investment plan optional retirement program
 4839  and the costs of providing educational services to members
 4840  participating participants in the pension plan defined benefit
 4841  program and the investment plan optional retirement program.
 4842  Approval of the trustees is required before the expenditure of
 4843  these funds. Payments for third-party administrative or
 4844  educational expenses shall be made only pursuant to the terms of
 4845  the approved contracts for such services.
 4846         Section 33. Section 121.75, Florida Statutes, is amended to
 4847  read:
 4848         121.75 Allocation for pension plan defined benefit
 4849  program.—After making the transfers required pursuant to ss.
 4850  121.71, 121.72, 121.73, and 121.74, the monthly balance of funds
 4851  in the Florida Retirement System Contributions Clearing Trust
 4852  Fund shall be transferred to the Florida Retirement System Trust
 4853  Fund to pay the costs of providing pension plan defined benefit
 4854  program benefits and plan administrative costs under the pension
 4855  plan defined benefit program.
 4856         Section 34. Section 121.77, Florida Statutes, is amended to
 4857  read:
 4858         121.77 Deductions from member participant accounts.—The
 4859  State Board of Administration may authorize the third-party
 4860  administrator to deduct reasonable fees and apply appropriate
 4861  charges to investment plan member optional retirement program
 4862  participant accounts. In no event may shall administrative and
 4863  educational expenses exceed the portion of employer
 4864  contributions earmarked for such expenses under this part,
 4865  except for reasonable administrative charges assessed against
 4866  member participant accounts of persons for whom no employer
 4867  contributions are made during the calendar quarter. Investment
 4868  management fees shall be deducted from member participant
 4869  accounts, pursuant to the terms of the contract between the
 4870  provider and the board.
 4871         Section 35. Subsections (1) and (3) of section 121.78,
 4872  Florida Statutes, are amended to read:
 4873         121.78 Payment and distribution of contributions.—
 4874         (1) Contributions made pursuant to this part, including the
 4875  employee contributions, shall be paid by the employer to the
 4876  division of Retirement by electronic funds transfer no later
 4877  than the 5th working day of the month immediately following the
 4878  month during which the payroll period ended. Accompanying
 4879  payroll data must be transmitted to the division concurrent with
 4880  the contributions.
 4881         (3)(a) Employer and employee contributions and accompanying
 4882  payroll data received after the 5th working day of the month are
 4883  considered late. The employer shall be assessed by the division
 4884  of Retirement a penalty of 1 percent of the contributions due
 4885  for each calendar month or part thereof that the contributions
 4886  or accompanying payroll data are late. Proceeds from the 1
 4887  percent 1-percent assessment against contributions made on
 4888  behalf of members of the pension plan participants of the
 4889  defined benefit program shall be deposited in the Florida
 4890  Retirement System Trust Fund, and proceeds from the 1 percent 1
 4891  percent assessment against contributions made on behalf of
 4892  members of the investment plan participants of the optional
 4893  retirement program shall be transferred to the third-party
 4894  administrator for deposit into member participant accounts, as
 4895  provided in paragraph (c) (b).
 4896         (b)Retirement contributions paid for a prior period shall
 4897  be charged a delinquent fee of 1 percent for each calendar month
 4898  or part thereof that the contributions should have been paid.
 4899  This includes prior period contributions due to incorrect wages,
 4900  contributions from an earlier report or wages, and contributions
 4901  that should have been reported but were not. The delinquent
 4902  assessments may not be waived.
 4903         (c)(b) If employee contributions or contributions made by
 4904  an employer on behalf of members of the investment plan
 4905  participants of the optional retirement program or accompanying
 4906  payroll data are not received within the calendar month they are
 4907  due, including, but not limited to, contribution adjustments as
 4908  a result of employer errors or corrections, and if that
 4909  delinquency results in market losses to members participants,
 4910  the employer shall reimburse each member’s participant’s account
 4911  for market losses resulting from the late contributions. If a
 4912  member participant has terminated employment and taken a
 4913  distribution, the member participant is responsible for
 4914  returning any excess contributions erroneously provided by
 4915  employers, adjusted for any investment gain or loss incurred
 4916  during the period such excess contributions were in the member’s
 4917  participant’s account. The state board or its designated agent
 4918  shall communicate to terminated members participants any
 4919  obligation to repay such excess contribution amounts. However,
 4920  the state board, its designated agents, the Florida Public
 4921  Employee Optional Retirement System Investment Plan Program
 4922  Trust Fund, the department, or the Florida Retirement System
 4923  Trust Fund may not incur any loss or gain as a result of an
 4924  employer’s correction of such excess contributions. The third
 4925  party administrator, hired by the state board pursuant to s.
 4926  121.4501(8), shall calculate the market losses for each affected
 4927  member participant. If contributions made on behalf of members
 4928  of the investment plan participants of the optional retirement
 4929  program or accompanying payroll data are not received within the
 4930  calendar month due, the employer shall also pay the cost of the
 4931  third-party administrator’s calculation and reconciliation
 4932  adjustments resulting from the late contributions. The third
 4933  party administrator shall notify the employer of the results of
 4934  the calculations and the total amount due from the employer for
 4935  such losses and the costs of calculation and reconciliation. The
 4936  employer shall remit to the division of Retirement the amount
 4937  due within 30 working days after the date of the penalty notice
 4938  sent by the division. The division shall transfer that amount to
 4939  the third-party administrator, which shall deposit proceeds from
 4940  the 1 percent 1-percent assessment and from individual market
 4941  losses into member participant accounts, as appropriate. The
 4942  state board may adopt rules to administer the provisions
 4943  regarding late contributions, late submission of payroll data,
 4944  the process for reimbursing member participant accounts for
 4945  resultant market losses, and the penalties charged to the
 4946  employers.
 4947         (d) If employee contributions reported by an employer on
 4948  behalf of the employee are reduced as a result of employer
 4949  errors or corrections and the employee has terminated employment
 4950  and taken a refund or distribution, the employer shall be billed
 4951  and is responsible for recovering from the employee any excess
 4952  contributions erroneously provided by the employer.
 4953         (e)(c) Delinquency fees specified in paragraph (a) may be
 4954  waived by the division of Retirement, with regard to pension
 4955  plan defined benefit program contributions, and by the state
 4956  board, with regard to investment plan optional retirement
 4957  program contributions, only if, in the opinion of the division
 4958  or the board, as appropriate, exceptional circumstances beyond
 4959  the employer’s control prevented remittance by the prescribed
 4960  due date notwithstanding the employer’s good faith efforts to
 4961  effect delivery. Such a waiver of delinquency may be granted an
 4962  employer only once each plan state fiscal year.
 4963         (f) If the employer submits excess employer or employee
 4964  contributions, the employer shall receive a credit to be applied
 4965  against future contributions owed. The employer is responsible
 4966  for reimbursing the employee for any excess contributions
 4967  submitted if any return of such an erroneous excess pretax
 4968  contribution by the program is made within 1 year after making
 4969  erroneous contributions or such other period as allowed under
 4970  applicable Internal Revenue Service guidance.
 4971         (g)(d) If contributions made by an employer on behalf of
 4972  members of the investment program participants in the optional
 4973  retirement program are delayed in posting to member participant
 4974  accounts due to acts of God beyond the control of the division
 4975  of Retirement, the state board, or the third-party
 4976  administrator, as applicable, market losses resulting from the
 4977  late contributions are not payable to the members participants.
 4978         Section 36. Subsection (1) of section 175.121, Florida
 4979  Statutes, is amended to read:
 4980         175.121 Department of Revenue and Division of Retirement to
 4981  keep accounts of deposits; disbursements.—For any municipality
 4982  or special fire control district having a chapter or local law
 4983  plan established pursuant to this chapter:
 4984         (1) The Department of Revenue shall keep a separate account
 4985  of all moneys collected for each municipality and each special
 4986  fire control district pursuant to under the provisions of this
 4987  chapter. All moneys so collected must be transferred to the
 4988  Police and Firefighters’ Premium Tax Trust Fund and shall be
 4989  separately accounted for by the division. The moneys budgeted as
 4990  necessary to pay the expenses of the division for the daily
 4991  oversight and monitoring of the firefighters’ pension plans
 4992  under this chapter and for the oversight and actuarial reviews
 4993  conducted under part VII of chapter 112 are annually
 4994  appropriated from the following sources in the order listed:
 4995         (a) Interest and investment income earned on the moneys
 4996  collected for each municipality or special fire control district
 4997  and deposited in the Police and Firefighters’ Premium Tax Trust
 4998  Fund. Interest and investment income remaining thereafter in the
 4999  trust fund which is unexpended and otherwise unallocated by law
 5000  shall revert to the General Revenue Fund on June 30 of each
 5001  year.
 5002         (b) Moneys collected for each municipality or special fire
 5003  control district and deposited in the Police and Firefighters’
 5004  Premium Tax Trust Fund. Moneys used pursuant to this paragraph
 5005  shall be reimbursed during years in which there is an excess of
 5006  interest and investment income under paragraph (a).
 5007         Section 37. Subsection (1) of section 175.341, Florida
 5008  Statutes, is amended to read:
 5009         175.341 Duties of Division of Retirement; rulemaking
 5010  authority; investments by State Board of Administration.—
 5011         (1) The division is shall be responsible for the daily
 5012  oversight and monitoring of the for actuarial soundness of the
 5013  firefighters’ pension plans, whether chapter or local law plans,
 5014  established under this chapter, for receiving and holding the
 5015  premium tax moneys collected under this chapter, and, upon
 5016  determining compliance with the provisions of this chapter, for
 5017  disbursing those moneys to the firefighters’ pension plans. The
 5018  funds necessary to pay expenses for such administration shall be
 5019  annually appropriated as provided in s. 175.121(1) from the
 5020  interest and investment income earned on moneys deposited in the
 5021  trust fund.
 5022         Section 38. Subsection (1) of section 185.10, Florida
 5023  Statutes, is amended to read:
 5024         185.10 Department of Revenue and Division of Retirement to
 5025  keep accounts of deposits; disbursements.—For any municipality
 5026  having a chapter plan or local law plan under this chapter:
 5027         (1) The Department of Revenue shall keep a separate account
 5028  of all moneys collected for each municipality pursuant to under
 5029  the provisions of this chapter. All moneys so collected must be
 5030  transferred to the Police and Firefighters’ Premium Tax Trust
 5031  Fund and shall be separately accounted for by the division. The
 5032  moneys budgeted as necessary to pay the expenses of the division
 5033  for the daily oversight and monitoring of the police officers’
 5034  retirement plans under this chapter and for the oversight and
 5035  actuarial reviews conducted under part VII of chapter 112 are
 5036  annually appropriated from the following sources in the order
 5037  listed:
 5038         (a) Interest and investment income earned on the moneys
 5039  collected for each municipality or special fire control district
 5040  and deposited in the Police and Firefighters’ Premium Tax Trust
 5041  Fund. Interest and investment income remaining thereafter in the
 5042  trust fund which is unexpended and otherwise unallocated by law
 5043  shall revert to the General Revenue Fund on June 30 of each
 5044  year.
 5045         (b)Moneys collected for each municipality or special fire
 5046  control district and deposited in the Police and Firefighters’
 5047  Premium Tax Trust Fund. Moneys used pursuant to this paragraph
 5048  shall be reimbursed during years in which there is an excess of
 5049  interest and investment income under paragraph (a).
 5050         Section 39. Subsection (1) of section 185.23, Florida
 5051  Statutes, is amended to read:
 5052         185.23 Duties of Division of Retirement; rulemaking
 5053  authority; investments by State Board of Administration.—
 5054         (1) The division is shall be responsible for the daily
 5055  oversight and monitoring of the for actuarial soundness of the
 5056  municipal police officers’ retirement plans, whether chapter or
 5057  local law plans, established under this chapter, for receiving
 5058  and holding the premium tax moneys collected under this chapter,
 5059  and, upon determining compliance with the provisions of this
 5060  chapter, for disbursing those moneys to the municipal police
 5061  officers’ retirement plans. The funds to pay the expenses for
 5062  such administration shall be annually appropriated as provided
 5063  in s. 185.10(1) from the interest and investment income earned
 5064  on moneys deposited in the trust fund.
 5065         Section 40. Subsection (1) of section 250.22, Florida
 5066  Statutes, is amended to read:
 5067         250.22 Retirement.—
 5068         (1) Any person who is at least 62 years of age and who has
 5069  completed at least not less than 30 years of service as an
 5070  officer or enlisted person in the Florida National Guard,
 5071  (exclusive of time served on the inactive or retired lists,) on,
 5072  before, or subsequent to the passage of this section is eligible
 5073  upon application, whether on the active or retired list of the
 5074  Florida National Guard, to be retired under the provisions of
 5075  this section at the highest rank attained while serving in the
 5076  Florida National Guard or the federal military forces.
 5077         (a) Such person, and shall initially receive pay in an
 5078  amount equal to one-half of the base pay as is now or hereafter
 5079  may be prescribed on the date of retirement in the applicable
 5080  pay tables for similar grades and periods of service of
 5081  personnel in the United States Army or Air Force if; provided
 5082  that, in computing service in the Florida National Guard,
 5083  service in federal military forces during a period of war or
 5084  upon order of the President of the United States, in any
 5085  military duty, where the applicant has been inducted from the
 5086  Florida National Guard is shall be included; and provided
 5087  further that, in computing such service performed after July 1,
 5088  1955, only federally recognized service is shall be included.
 5089  Eligibility for retirement under this section is in addition to
 5090  any other retirement that such person is eligible to receive;
 5091  provided, however, such that retirement pay under this section
 5092  shall be reduced by any amount of retirement pay, pension, or
 5093  compensation which such person is eligible to receive from the
 5094  Federal Government for military service. Unless otherwise
 5095  provided by law, effective July 1, 2011, the retirement pay of a
 5096  member or former member of the Florida National Guard may not be
 5097  recomputed to reflect an increase in the rates of base pay for
 5098  active members of the armed forces.
 5099         (b) Effective July 1, 2012, and annually thereafter on July
 5100  1, the Division of Retirement shall adjust the retirement pay of
 5101  persons eligible under this section based on s. 121.101(3).
 5102         Section 41. Paragraph (a) of subsection (4) of section
 5103  1012.875, Florida Statutes, is amended to read:
 5104         1012.875 State Community College System Optional Retirement
 5105  Program.—Each community college may implement an optional
 5106  retirement program, if such program is established therefor
 5107  pursuant to s. 1001.64(20), under which annuity or other
 5108  contracts providing retirement and death benefits may be
 5109  purchased by, and on behalf of, eligible employees who
 5110  participate in the program, in accordance with s. 403(b) of the
 5111  Internal Revenue Code. Except as otherwise provided herein, this
 5112  retirement program, which shall be known as the State Community
 5113  College System Optional Retirement Program, may be implemented
 5114  and administered only by an individual community college or by a
 5115  consortium of community colleges.
 5116         (4)(a) Through June 30, 2011, each college must contribute
 5117  on behalf of each program member participant an amount equal to
 5118  10.43 percent of the employee’s participant’s gross monthly
 5119  compensation. Effective July 1, 2011, each member shall
 5120  contribute an amount equal to the employee contribution required
 5121  under s. 121.71(3). Effective July 1, 2011, each employer shall
 5122  contribute on behalf of each program member an amount equal to
 5123  the difference between 10.43 percent of the employee’s gross
 5124  monthly compensation and the employee’s required contribution
 5125  based on the employee’s gross monthly compensation. The college
 5126  shall deduct an amount approved by the district board of
 5127  trustees of the college to provide for the administration of the
 5128  optional retirement program. Payment of this contribution must
 5129  be made either directly by the college or through the program
 5130  administrator to the designated company contracting for payment
 5131  of benefits to the program member participant.
 5132         Section 42. The Legislature finds that a proper and
 5133  legitimate state purpose is served when employees and retirees
 5134  of the state and its political subdivisions, and the dependents,
 5135  survivors, and beneficiaries of such employees and retirees, are
 5136  extended the basic protections afforded by governmental
 5137  retirement systems. These persons must be provided benefits that
 5138  are fair and adequate and that are managed, administered, and
 5139  funded in an actuarially sound manner, as required by s. 14,
 5140  Article X of the State Constitution and part VII of chapter 112,
 5141  Florida Statutes. Therefore, the Legislature determines and
 5142  declares that this act fulfills an important state interest.
 5143         Section 43. The Division of Statutory Revision is requested
 5144  to rename the title of part II of chapter 121, Florida Statutes,
 5145  as “Florida Retirement System Investment Plan.”
 5146         Section 44. (1) Effective upon this act becoming a law, the
 5147  State Board of Administration and the Department of Management
 5148  Services shall, as soon as practicable, request a determination
 5149  letter and private letter ruling from the United States Internal
 5150  Revenue Service. If the Internal Revenue Service refuses to act
 5151  upon a request for a private letter ruling, the legal opinion
 5152  from a qualified tax attorney or firm may be substituted for the
 5153  private letter ruling.
 5154         (2) If the board or the department receives notification
 5155  from the United States Internal Revenue Service that this act or
 5156  any portion of this act will cause the Florida Retirement
 5157  System, or a portion thereof, to be disqualified for tax
 5158  purposes under the Internal Revenue Code, then that portion does
 5159  not apply. Upon such notice, the state board and the department
 5160  shall notify the presiding officers of the Legislature.
 5161         Section 45. This act shall take effect June 30, 2011.