Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 971, 2nd Eng.
       
       
       
       
       
       
                                Barcode 534342                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/RE/3R         .                                
             03/07/2012 01:09 PM       .                                
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       Senator Simmons moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) is added to section 25.073,
    6  Florida Statutes, to read:
    7         25.073 Retired justices or judges assigned to temporary
    8  duty; additional compensation; appropriation.—
    9         (4) For a retired justice or retired judge who has reached
   10  his or her normal retirement age or date under chapter 121 and
   11  who has consented to temporary duty in any court, as assigned by
   12  the Chief Justice of the Supreme Court in accordance with s. 2,
   13  Art. V of the State Constitution:
   14         (a) The definition of the term “termination” in s. 121.021
   15  does not apply, and termination occurs when the justice or judge
   16  ceases all nontemporary, active duty as a judge and retires from
   17  the Florida Retirement System.
   18         (b) Section 121.091(9)(c) does not apply, and such
   19  temporary duty is not considered reemployment or employment
   20  after retirement for purposes of chapter 121 and renewed
   21  membership in the Florida Retirement System is not permitted.
   22         Section 2. Effective upon this act becoming a law,
   23  subsections (1), (3), and (5) of section 43.291, Florida
   24  Statutes, are amended to read:
   25         43.291 Judicial nominating commissions.—
   26         (1)(a) Each judicial nominating commission shall be
   27  composed of the following members:
   28         1.(a) Four members of The Florida Bar, appointed by the
   29  Governor, who are engaged in the practice of law, each of whom
   30  is a resident of the territorial jurisdiction served by the
   31  commission to which the member is appointed. The Board of
   32  Governors of The Florida Bar shall submit to the Governor three
   33  recommended nominees for each position. The Governor shall
   34  select the appointee from the list of nominees recommended for
   35  that position, but the Governor may reject all of the nominees
   36  recommended for a position and request that the Board of
   37  Governors submit a new list of three different recommended
   38  nominees for that position who have not been previously
   39  recommended by the Board of Governors.
   40         2.(b) Five members appointed by the Governor, each of whom
   41  is a resident of the territorial jurisdiction served by the
   42  commission to which the member is appointed, of which at least
   43  two are members of The Florida Bar engaged in the practice of
   44  law. Notwithstanding any other law, each member of a judicial
   45  nominating commission appointed by the Governor after January 4,
   46  2011, other than those selected from a list of nominees provided
   47  by the Board of Governors of The Florida Bar, shall serve at the
   48  pleasure of the Governor.
   49         (b) Each expired term or vacancy shall be filled by
   50  appointment in the same manner as the member whose position is
   51  being filled.
   52         (3) Members of a judicial nominating commission shall be
   53  appointed to serve staggered terms as follows:
   54         (a) Two appointments directly by the Governor and one
   55  appointment from the list of nominees provided by the Board of
   56  Governors of The Florida Bar for terms ending on July 1, 2012.
   57         (b) One appointment directly by the Governor and two
   58  appointments from the list of nominees provided by the Board of
   59  Governors of The Florida Bar for terms ending on July 1, 2014.
   60         (c) Two appointments directly by the Governor and one
   61  appointment from the list of nominees provided by the Board of
   62  Governors of The Florida Bar for terms ending on July 1, 2015.
   63  Notwithstanding any other provision of this section, each
   64  current member of a judicial nominating commission appointed
   65  directly by the Board of Governors of The Florida Bar shall
   66  serve the remainder of his or her term, unless removed for
   67  cause. The terms of all other members of a judicial nominating
   68  commission are hereby terminated, and the Governor shall appoint
   69  new members to each judicial nominating commission in the
   70  following manner:
   71         (a) Two appointments for terms ending July 1, 2002, one of
   72  which shall be an appointment selected from nominations
   73  submitted by the Board of Governors of The Florida Bar pursuant
   74  to paragraph (1)(a);
   75         (b) Two appointments for terms ending July 1, 2003; and
   76         (c) Two appointments for terms ending July 1, 2004.
   77  
   78  Every subsequent appointment, except an appointment to fill a
   79  vacant, unexpired term, shall be for 4 years. Each expired term
   80  or vacancy shall be filled by appointment in the same manner as
   81  the member whose position is being filled.
   82         (5) A member of a judicial nominating commission may be
   83  suspended for cause by the Governor pursuant to uniform rules of
   84  procedure established by the Executive Office of the Governor
   85  consistent with s. 7, of Art. IV of the State Constitution.
   86         Section 3. Subsection (39) of section 121.021, Florida
   87  Statutes, is amended to read:
   88         121.021 Definitions.—The following words and phrases as
   89  used in this chapter have the respective meanings set forth
   90  unless a different meaning is plainly required by the context:
   91         (39)(a) “Termination” occurs, except as provided in
   92  paragraph (b) or paragraph (d), when a member ceases all
   93  employment relationships with participating employers, however:
   94         1. For retirements effective before July 1, 2010, if a
   95  member is employed by any such employer within the next calendar
   96  month, termination shall be deemed not to have occurred. A leave
   97  of absence constitutes a continuation of the employment
   98  relationship, except that a leave of absence without pay due to
   99  disability may constitute termination if such member makes
  100  application for and is approved for disability retirement in
  101  accordance with s. 121.091(4). The department or state board may
  102  require other evidence of termination as it deems necessary.
  103         2. For retirements effective on or after July 1, 2010, if a
  104  member is employed by any such employer within the next 6
  105  calendar months, termination shall be deemed not to have
  106  occurred. A leave of absence constitutes a continuation of the
  107  employment relationship, except that a leave of absence without
  108  pay due to disability may constitute termination if such member
  109  makes application for and is approved for disability retirement
  110  in accordance with s. 121.091(4). The department or state board
  111  may require other evidence of termination as it deems necessary.
  112         (b) “Termination” for a member electing to participate in
  113  the Deferred Retirement Option Program occurs when the program
  114  participant ceases all employment relationships with
  115  participating employers in accordance with s. 121.091(13),
  116  however:
  117         1. For termination dates occurring before July 1, 2010, if
  118  the member is employed by any such employer within the next
  119  calendar month, termination will be deemed not to have occurred,
  120  except as provided in s. 121.091(13)(b)4.c. A leave of absence
  121  shall constitute a continuation of the employment relationship.
  122         2. For termination dates occurring on or after July 1,
  123  2010, if the member becomes employed by any such employer within
  124  the next 6 calendar months, termination will be deemed not to
  125  have occurred, except as provided in s. 121.091(13)(b)4.c. A
  126  leave of absence constitutes a continuation of the employment
  127  relationship.
  128         (c) Effective July 1, 2011, “termination” for a member
  129  receiving a refund of employee contributions occurs when a
  130  member ceases all employment relationships with participating
  131  employers for 3 calendar months. A leave of absence constitutes
  132  a continuation of the employment relationship.
  133         (d) Effective July 1, 2012, a retired justice or retired
  134  judge who has reached his or her normal retirement age or date
  135  and who consents to temporary employment as a senior judge in
  136  any court, as assigned by the Chief Justice of the Supreme Court
  137  in accordance with s. 2, Art. V of the State Constitution, meets
  138  the definition of “termination” when all nontemporary employment
  139  as a judge ceases and the justice or judge retires under this
  140  chapter.
  141         Section 4. Subsection (9) of section 121.091, Florida
  142  Statutes, is amended to read:
  143         121.091 Benefits payable under the system.—Benefits may not
  144  be paid under this section unless the member has terminated
  145  employment as provided in s. 121.021(39)(a) or begun
  146  participation in the Deferred Retirement Option Program as
  147  provided in subsection (13), and a proper application has been
  148  filed in the manner prescribed by the department. The department
  149  may cancel an application for retirement benefits when the
  150  member or beneficiary fails to timely provide the information
  151  and documents required by this chapter and the department’s
  152  rules. The department shall adopt rules establishing procedures
  153  for application for retirement benefits and for the cancellation
  154  of such application when the required information or documents
  155  are not received.
  156         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
  157         (a) Any person who is retired under this chapter, except
  158  under the disability retirement provisions of subsection (4),
  159  may be employed by an employer that does not participate in a
  160  state-administered retirement system and receive compensation
  161  from that employment without limiting or restricting in any way
  162  the retirement benefits payable to that person.
  163         (b) Any person whose retirement is effective before July 1,
  164  2010, or whose participation in the Deferred Retirement Option
  165  Program terminates before July 1, 2010, except under the
  166  disability retirement provisions of subsection (4) or as
  167  provided in s. 121.053, may be reemployed by an employer that
  168  participates in a state-administered retirement system and
  169  receive retirement benefits and compensation from that employer,
  170  except that the person may not be reemployed by an employer
  171  participating in the Florida Retirement System before meeting
  172  the definition of termination in s. 121.021 and may not receive
  173  both a salary from the employer and retirement benefits for 12
  174  calendar months immediately subsequent to the date of
  175  retirement. However, a DROP participant shall continue
  176  employment and receive a salary during the period of
  177  participation in the Deferred Retirement Option Program, as
  178  provided in subsection (13).
  179         1. A retiree who violates such reemployment limitation
  180  before completion of the 12-month limitation period must give
  181  timely notice of this fact in writing to the employer and to the
  182  Division of Retirement or the state board and shall have his or
  183  her retirement benefits suspended for the months employed or the
  184  balance of the 12-month limitation period as required in sub
  185  subparagraphs b. and c. A retiree employed in violation of this
  186  paragraph and an employer who employs or appoints such person
  187  are jointly and severally liable for reimbursement to the
  188  retirement trust fund, including the Florida Retirement System
  189  Trust Fund and the Public Employee Optional Retirement Program
  190  Trust Fund, from which the benefits were paid. The employer must
  191  have a written statement from the retiree that he or she is not
  192  retired from a state-administered retirement system. Retirement
  193  benefits shall remain suspended until repayment has been made.
  194  Benefits suspended beyond the reemployment limitation shall
  195  apply toward repayment of benefits received in violation of the
  196  reemployment limitation.
  197         a. A district school board may reemploy a retiree as a
  198  substitute or hourly teacher, education paraprofessional,
  199  transportation assistant, bus driver, or food service worker on
  200  a noncontractual basis after he or she has been retired for 1
  201  calendar month. A district school board may reemploy a retiree
  202  as instructional personnel, as defined in s. 1012.01(2)(a), on
  203  an annual contractual basis after he or she has been retired for
  204  1 calendar month. Any member who is reemployed within 1 calendar
  205  month after retirement shall void his or her application for
  206  retirement benefits. District school boards reemploying such
  207  teachers, education paraprofessionals, transportation
  208  assistants, bus drivers, or food service workers are subject to
  209  the retirement contribution required by subparagraph 2.
  210         b. A community college board of trustees may reemploy a
  211  retiree as an adjunct instructor or as a participant in a phased
  212  retirement program within the Florida Community College System,
  213  after he or she has been retired for 1 calendar month. A member
  214  who is reemployed within 1 calendar month after retirement shall
  215  void his or her application for retirement benefits. Boards of
  216  trustees reemploying such instructors are subject to the
  217  retirement contribution required in subparagraph 2. A retiree
  218  may be reemployed as an adjunct instructor for no more than 780
  219  hours during the first 12 months of retirement. A retiree
  220  reemployed for more than 780 hours during the first 12 months of
  221  retirement must give timely notice in writing to the employer
  222  and to the Division of Retirement or the state board of the date
  223  he or she will exceed the limitation. The division shall suspend
  224  his or her retirement benefits for the remainder of the 12
  225  months of retirement. Any retiree employed in violation of this
  226  sub-subparagraph and any employer who employs or appoints such
  227  person without notifying the division to suspend retirement
  228  benefits are jointly and severally liable for any benefits paid
  229  during the reemployment limitation period. The employer must
  230  have a written statement from the retiree that he or she is not
  231  retired from a state-administered retirement system. Any
  232  retirement benefits received by the retiree while reemployed in
  233  excess of 780 hours during the first 12 months of retirement
  234  must be repaid to the Florida Retirement System Trust Fund, and
  235  retirement benefits shall remain suspended until repayment is
  236  made. Benefits suspended beyond the end of the retiree’s first
  237  12 months of retirement shall apply toward repayment of benefits
  238  received in violation of the 780-hour reemployment limitation.
  239         c. The State University System may reemploy a retiree as an
  240  adjunct faculty member or as a participant in a phased
  241  retirement program within the State University System after the
  242  retiree has been retired for 1 calendar month. A member who is
  243  reemployed within 1 calendar month after retirement shall void
  244  his or her application for retirement benefits. The State
  245  University System is subject to the retired contribution
  246  required in subparagraph 2., as appropriate. A retiree may be
  247  reemployed as an adjunct faculty member or a participant in a
  248  phased retirement program for no more than 780 hours during the
  249  first 12 months of his or her retirement. A retiree reemployed
  250  for more than 780 hours during the first 12 months of retirement
  251  must give timely notice in writing to the employer and to the
  252  Division of Retirement or the state board of the date he or she
  253  will exceed the limitation. The division shall suspend his or
  254  her retirement benefits for the remainder of the 12 months. Any
  255  retiree employed in violation of this sub-subparagraph and any
  256  employer who employs or appoints such person without notifying
  257  the division to suspend retirement benefits are jointly and
  258  severally liable for any benefits paid during the reemployment
  259  limitation period. The employer must have a written statement
  260  from the retiree that he or she is not retired from a state
  261  administered retirement system. Any retirement benefits received
  262  by the retiree while reemployed in excess of 780 hours during
  263  the first 12 months of retirement must be repaid to the Florida
  264  Retirement System Trust Fund, and retirement benefits shall
  265  remain suspended until repayment is made. Benefits suspended
  266  beyond the end of the retiree’s first 12 months of retirement
  267  shall apply toward repayment of benefits received in violation
  268  of the 780-hour reemployment limitation.
  269         d. The Board of Trustees of the Florida School for the Deaf
  270  and the Blind may reemploy a retiree as a substitute teacher,
  271  substitute residential instructor, or substitute nurse on a
  272  noncontractual basis after he or she has been retired for 1
  273  calendar month. Any member who is reemployed within 1 calendar
  274  month after retirement shall void his or her application for
  275  retirement benefits. The Board of Trustees of the Florida School
  276  for the Deaf and the Blind reemploying such teachers,
  277  residential instructors, or nurses is subject to the retirement
  278  contribution required by subparagraph 2.
  279         e. A developmental research school may reemploy a retiree
  280  as a substitute or hourly teacher or an education
  281  paraprofessional as defined in s. 1012.01(2) on a noncontractual
  282  basis after he or she has been retired for 1 calendar month. A
  283  developmental research school may reemploy a retiree as
  284  instructional personnel, as defined in s. 1012.01(2)(a), on an
  285  annual contractual basis after he or she has been retired for 1
  286  calendar month after retirement. Any member who is reemployed
  287  within 1 calendar month voids his or her application for
  288  retirement benefits. A developmental research school that
  289  reemploys retired teachers and education paraprofessionals is
  290  subject to the retirement contribution required by subparagraph
  291  2.
  292         f. A charter school may reemploy a retiree as a substitute
  293  or hourly teacher on a noncontractual basis after he or she has
  294  been retired for 1 calendar month. A charter school may reemploy
  295  a retired member as instructional personnel, as defined in s.
  296  1012.01(2)(a), on an annual contractual basis after he or she
  297  has been retired for 1 calendar month after retirement. Any
  298  member who is reemployed within 1 calendar month voids his or
  299  her application for retirement benefits. A charter school that
  300  reemploys such teachers is subject to the retirement
  301  contribution required by subparagraph 2.
  302         2. The employment of a retiree or DROP participant of a
  303  state-administered retirement system does not affect the average
  304  final compensation or years of creditable service of the retiree
  305  or DROP participant. Before July 1, 1991, upon employment of any
  306  person, other than an elected officer as provided in s. 121.053,
  307  who is retired under a state-administered retirement program,
  308  the employer shall pay retirement contributions in an amount
  309  equal to the unfunded actuarial liability portion of the
  310  employer contribution which would be required for regular
  311  members of the Florida Retirement System. Effective July 1,
  312  1991, contributions shall be made as provided in s. 121.122 for
  313  retirees who have renewed membership or, as provided in
  314  subsection (13), for DROP participants.
  315         3. Any person who is holding an elective public office
  316  which is covered by the Florida Retirement System and who is
  317  concurrently employed in nonelected covered employment may elect
  318  to retire while continuing employment in the elective public
  319  office if he or she terminates his or her nonelected covered
  320  employment. Such person shall receive his or her retirement
  321  benefits in addition to the compensation of the elective office
  322  without regard to the time limitations otherwise provided in
  323  this subsection. A person who seeks to exercise the provisions
  324  of this subparagraph as they existed before May 3, 1984, may not
  325  be deemed to be retired under those provisions, unless such
  326  person is eligible to retire under this subparagraph, as amended
  327  by chapter 84-11, Laws of Florida.
  328         (c) Any person whose retirement is effective on or after
  329  July 1, 2010, or whose participation in the Deferred Retirement
  330  Option Program terminates on or after July 1, 2010, who is
  331  retired under this chapter, except under the disability
  332  retirement provisions of subsection (4) or as provided in s.
  333  121.053, may be reemployed by an employer that participates in a
  334  state-administered retirement system and receive retirement
  335  benefits and compensation from that employer. However, a person
  336  may not be reemployed by an employer participating in the
  337  Florida Retirement System before meeting the definition of
  338  termination in s. 121.021 and may not receive both a salary from
  339  the employer and retirement benefits for 6 calendar months after
  340  meeting the definition of termination, except as provided in
  341  paragraph (f). However, a DROP participant shall continue
  342  employment and receive a salary during the period of
  343  participation in the Deferred Retirement Option Program, as
  344  provided in subsection (13).
  345         1. The reemployed retiree may not renew membership in the
  346  Florida Retirement System.
  347         2. The employer shall pay retirement contributions in an
  348  amount equal to the unfunded actuarial liability portion of the
  349  employer contribution that would be required for active members
  350  of the Florida Retirement System in addition to the
  351  contributions required by s. 121.76.
  352         3. A retiree initially reemployed in violation of this
  353  paragraph and an employer that employs or appoints such person
  354  are jointly and severally liable for reimbursement of any
  355  retirement benefits paid to the retirement trust fund from which
  356  the benefits were paid, including the Florida Retirement System
  357  Trust Fund and the Public Employee Optional Retirement Program
  358  Trust Fund, as appropriate. The employer must have a written
  359  statement from the employee that he or she is not retired from a
  360  state-administered retirement system. Retirement benefits shall
  361  remain suspended until repayment is made. Benefits suspended
  362  beyond the end of the retiree’s 6-month reemployment limitation
  363  period shall apply toward the repayment of benefits received in
  364  violation of this paragraph.
  365         (d) This subsection applies to retirees, as defined in s.
  366  121.4501(2) and except as provided in paragraph (f), of the
  367  Florida Retirement System Investment Plan, subject to the
  368  following conditions:
  369         1. A retiree may not be reemployed with an employer
  370  participating in the Florida Retirement System until such person
  371  has been retired for 6 calendar months.
  372         2. A retiree employed in violation of this subsection and
  373  an employer that employs or appoints such person are jointly and
  374  severally liable for reimbursement of any benefits paid to the
  375  retirement trust fund from which the benefits were paid. The
  376  employer must have a written statement from the retiree that he
  377  or she is not retired from a state-administered retirement
  378  system.
  379         (e) The limitations of this subsection apply to
  380  reemployment in any capacity irrespective of the category of
  381  funds from which the person is compensated, except as provided
  382  in paragraph (f).
  383         (f) Effective July 1, 2012, a retired justice or retired
  384  judge who has reached his or her normal retirement age or date
  385  and consents to temporary employment as a senior judge in any
  386  court, as assigned by the Chief Justice of the Supreme Court in
  387  accordance with s. 2, Art. V of the State Constitution, is not
  388  subject to paragraph (c), paragraph (d), or paragraph (e).
  389         Section 5. Paragraph (a) of subsection (1) of section
  390  121.591, Florida Statutes, is amended to read:
  391         121.591 Payment of benefits.—Benefits may not be paid under
  392  the Florida Retirement System Investment Plan unless the member
  393  has terminated employment as provided in s. 121.021(39)(a) or is
  394  deceased and a proper application has been filed as prescribed
  395  by the state board or the department. Before termination of
  396  employment, benefits, including employee contributions, are not
  397  payable under the investment plan for employee hardships,
  398  unforeseeable emergencies, loans, medical expenses, educational
  399  expenses, purchase of a principal residence, payments necessary
  400  to prevent eviction or foreclosure on an employee’s principal
  401  residence, or any other reason prior to termination from all
  402  employment relationships with participating employers. The state
  403  board or department, as appropriate, may cancel an application
  404  for retirement benefits if the member or beneficiary fails to
  405  timely provide the information and documents required by this
  406  chapter and the rules of the state board and department. In
  407  accordance with their respective responsibilities, the state
  408  board and the department shall adopt rules establishing
  409  procedures for application for retirement benefits and for the
  410  cancellation of such application if the required information or
  411  documents are not received. The state board and the department,
  412  as appropriate, are authorized to cash out a de minimis account
  413  of a member who has been terminated from Florida Retirement
  414  System covered employment for a minimum of 6 calendar months. A
  415  de minimis account is an account containing employer and
  416  employee contributions and accumulated earnings of not more than
  417  $5,000 made under the provisions of this chapter. Such cash-out
  418  must be a complete lump-sum liquidation of the account balance,
  419  subject to the provisions of the Internal Revenue Code, or a
  420  lump-sum direct rollover distribution paid directly to the
  421  custodian of an eligible retirement plan, as defined by the
  422  Internal Revenue Code, on behalf of the member. Any nonvested
  423  accumulations and associated service credit, including amounts
  424  transferred to the suspense account of the Florida Retirement
  425  System Investment Plan Trust Fund authorized under s.
  426  121.4501(6), shall be forfeited upon payment of any vested
  427  benefit to a member or beneficiary, except for de minimis
  428  distributions or minimum required distributions as provided
  429  under this section. If any financial instrument issued for the
  430  payment of retirement benefits under this section is not
  431  presented for payment within 180 days after the last day of the
  432  month in which it was originally issued, the third-party
  433  administrator or other duly authorized agent of the state board
  434  shall cancel the instrument and credit the amount of the
  435  instrument to the suspense account of the Florida Retirement
  436  System Investment Plan Trust Fund authorized under s.
  437  121.4501(6). Any amounts transferred to the suspense account are
  438  payable upon a proper application, not to include earnings
  439  thereon, as provided in this section, within 10 years after the
  440  last day of the month in which the instrument was originally
  441  issued, after which time such amounts and any earnings
  442  attributable to employer contributions shall be forfeited. Any
  443  forfeited amounts are assets of the trust fund and are not
  444  subject to chapter 717.
  445         (1) NORMAL BENEFITS.—Under the investment plan:
  446         (a) Benefits in the form of vested accumulations as
  447  described in s. 121.4501(6) are payable under this subsection in
  448  accordance with the following terms and conditions:
  449         1.  Benefits are payable only to a member, an alternate
  450  payee of a qualified domestic relations order, or a beneficiary.
  451         2. Benefits shall be paid by the third-party administrator
  452  or designated approved providers in accordance with the law, the
  453  contracts, and any applicable board rule or policy.
  454         3.  The member must be terminated from all employment with
  455  all Florida Retirement System employers, as provided in s.
  456  121.021(39).
  457         4. Benefit payments may not be made until the member has
  458  been terminated for 3 calendar months, except that the state
  459  board may authorize by rule for the distribution of up to 10
  460  percent of the member’s account after being terminated for 1
  461  calendar month if the member has reached the normal retirement
  462  date as defined in s. 121.021. Effective July 1, 2012, a retired
  463  justice or retired judge who has consented to temporary
  464  employment as a senior judge in any court pursuant to s. 25.073
  465  may receive a regular distribution of his or her account as
  466  provided in this paragraph after providing proof of termination
  467  from his or her regularly established position.
  468         5. If a member or former member of the Florida Retirement
  469  System receives an invalid distribution, such person must either
  470  repay the full amount within 90 days after receipt of final
  471  notification by the state board or the third-party administrator
  472  that the distribution was invalid, or, in lieu of repayment, the
  473  member must terminate employment from all participating
  474  employers. If such person fails to repay the full invalid
  475  distribution within 90 days after receipt of final notification,
  476  the person may be deemed retired from the investment plan by the
  477  state board and is subject to s. 121.122. If such person is
  478  deemed retired, any joint and several liability set out in s.
  479  121.091(9)(d)2. is void, and the state board, the department, or
  480  the employing agency is not liable for gains on payroll
  481  contributions that have not been deposited to the person’s
  482  account in the investment plan, pending resolution of the
  483  invalid distribution. The member or former member who has been
  484  deemed retired or who has been determined by the state board to
  485  have taken an invalid distribution may appeal the agency
  486  decision through the complaint process as provided under s.
  487  121.4501(9)(g)3. As used in this subparagraph, the term “invalid
  488  distribution” means any distribution from an account in the
  489  investment plan which is taken in violation of this section, s.
  490  121.091(9), or s. 121.4501.
  491         Section 6. (1) Effective July 1, 2012, in order to fund the
  492  benefit changes provided in this act, the required employer
  493  contribution rates of the Florida Retirement System established
  494  in s. 121.71(4), Florida Statutes, shall be adjusted as follows:
  495         (a) Elected Officers’ Class for Justices and Judges shall
  496  be increased by 0.45 percentage points; and
  497         (b) Deferred Retirement Option Program shall be increased
  498  by 0.01 percentage points.
  499         (2) Effective July 1, 2012, in order to fund the benefit
  500  changes provided in this act, the required employer contribution
  501  rates for the unfunded actuarial liability of the Florida
  502  Retirement System established in s. 121.71(5), Florida Statutes,
  503  for the Elected Officers’ Class for Justices and Judges shall be
  504  increased by 0.91 percentage points.
  505         (3) The adjustments provided in subsections (1) and (2)
  506  shall be in addition to all other changes to such contribution
  507  rates which may be enacted into law to take effect on July 1,
  508  2012, and July 1, 2013. The Division of Statutory Revision is
  509  requested to adjust accordingly the contribution rates provided
  510  in s. 121.71, Florida Statutes.
  511         Section 7. The Legislature finds that a proper and
  512  legitimate state purpose is served when employees and retirees
  513  of the state and its political subdivisions, and the dependents,
  514  survivors, and beneficiaries of such employees and retirees, are
  515  extended the basic protections afforded by governmental
  516  retirement systems that provide fair and adequate benefits and
  517  that are managed, administered, and funded in an actuarially
  518  sound manner as required by s. 14, Article X of the State
  519  Constitution and part VII of chapter 112, Florida Statutes.
  520  Therefore, the Legislature determines and declares that this act
  521  fulfills an important state interest.
  522         Section 8. Section 1 and sections 3 through 7 of this act
  523  shall take effect only if:
  524         (1) The Legislature appropriates during the 2012
  525  Legislative Session the sum of at least $1.6 million from the
  526  General Revenue Fund on a recurring basis to the judicial branch
  527  in order to fund the increased employer contributions associated
  528  with the costs of the retirement benefits granted in this act;
  529  and
  530         (2) The State Courts Administrator certifies to the
  531  President of the Senate and the Speaker of the House of
  532  Representatives that the appropriation was made and that the
  533  appropriation was not vetoed by the Governor.
  534         Section 9. Except as otherwise expressly provided in this
  535  act and except for this section, which shall take effect upon
  536  this act becoming a law, this act shall take effect July 1,
  537  2012.
  538  
  539  ================= T I T L E  A M E N D M E N T ================
  540         And the title is amended as follows:
  541         Delete everything before the enacting clause
  542  and insert:
  543                        A bill to be entitled                      
  544         An act relating to justices and judges; amending s.
  545         25.073, F.S.; providing that, for a retired justice or
  546         retired judge who has consented to temporary duty in
  547         any court, the definition of the term “termination” in
  548         ch. 121, F.S., does not apply, and termination occurs
  549         when the retired justice or judge ceases all
  550         nontemporary, active duty as a judge and retires from
  551         the Florida Retirement System; amending s. 43.291,
  552         F.S.; revising requirements for the appointment of
  553         members of judicial nominating commissions; providing
  554         that, with the exception of members selected from a
  555         list of nominees provided by the Board of Governors of
  556         The Florida Bar, a current member of a judicial
  557         nominating commission appointed by the Governor serves
  558         at the pleasure of the Governor; providing staggered
  559         terms for members of a judicial nominating commission;
  560         deleting obsolete provisions; deleting a requirement
  561         that the Executive Office of the Governor establish
  562         uniform rules of procedure consistent with the State
  563         Constitution when suspending for cause a member of a
  564         judicial nominating commission; amending s. 121.021,
  565         F.S.; revising the definition of the term
  566         “termination,” to conform to changes made by the act;
  567         amending s. 121.091, F.S.; providing that a retired
  568         justice or retired judge who has reached his or her
  569         normal retirement age or date and consents to
  570         temporary employment as a senior judge in any court,
  571         as assigned by the Chief Justice of the Supreme Court,
  572         is not subject to certain specified limitations on
  573         employment after retirement; amending s. 121.591,
  574         F.S.; providing that a retired justice or retired
  575         judge who has consented to temporary employment as a
  576         senior judge in any court may receive a regular
  577         distribution of his or her retirement benefits account
  578         after providing proof of termination from his or her
  579         regularly established position; providing that, in
  580         order to fund the benefit changes set forth in the
  581         act, the required employer contribution rates of the
  582         Florida Retirement System, and the required employer
  583         contribution rates for the unfunded actuarial
  584         liability of the Florida Retirement System, are
  585         increased by specified amounts; providing a statement
  586         of important state interest; providing that specified
  587         provisions of the act relating to retired justices and
  588         judges take effect only if the Legislature
  589         appropriates sufficient funds and the State Courts
  590         Administrator certifies that the appropriation was
  591         made and that the appropriation was not vetoed by the
  592         Governor; providing effective dates.