Florida Senate - 2013                                    SB 1380
       
       
       
       By Senator Lee
       
       
       
       
       24-00671B-13                                          20131380__
    1                        A bill to be entitled                      
    2         An act relating to justices and judges; amending s.
    3         25.073, F.S.; defining the terms “senior justice” and
    4         “senior judge”; making technical corrections and
    5         conforming terminology; amending s. 121.021, F.S.;
    6         providing that “termination” for a senior justice or
    7         judge occurs when all employment ceases and the
    8         justice or judge retires from the Florida Retirement
    9         System; amending s. 121.053, F.S.; conforming
   10         terminology; amending s. 121.091, F.S.; providing that
   11         a senior justice or judge is not subject to certain
   12         specified limitations on employment after retirement;
   13         amending s. 121.591, F.S.; providing that a senior
   14         justice or judge may receive benefit payments under
   15         certain circumstances; amending s. 216.292, F.S.;
   16         conforming terminology; increasing by specified
   17         amounts the required employer contribution rates of
   18         the Florida Retirement System and the required
   19         employer contribution rates for the unfunded actuarial
   20         liability of the Florida Retirement System; providing
   21         a finding by the Legislature of proper and legitimate
   22         state purpose and a declaration of important state
   23         interest; providing that specified provisions of the
   24         act relating to retired justices and judges take
   25         effect only if the Legislature appropriates a
   26         specified amount to the judicial branch and the State
   27         Courts Administrator certifies that the appropriation
   28         was made and that the appropriation was not vetoed by
   29         the Governor; providing an effective date.
   30  
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 25.073, Florida Statutes, is amended to
   34  read:
   35         25.073 Retired justices or judges assigned to temporary
   36  duty; additional compensation; appropriation.—
   37         (1) For purposes of this section, the term “senior retired
   38  justice” or “senior retired judge” means any former justice of
   39  the Supreme Court or judge of a district court of appeal or
   40  circuit or county court who is assigned to temporary duty in any
   41  of those courts pursuant to s. 2, Art. V of the State
   42  Constitution.
   43         (2) A former justice or judge may serve as a senior justice
   44  or judge if he or she who:
   45         (a) Was Has not been defeated in seeking reelection to, or
   46  did has not fail failed to be retained in seeking retention in,
   47  his or her last judicial office or was not defeated when last
   48  seeking election to judicial office; and
   49         (b) Is not engaged in the practice of law; and
   50         (c) Has reached his or her normal retirement age or the age
   51  when vested as defined in s. 121.021 and is retired from the
   52  Florida Retirement System.
   53         (3)(2)A senior Any retired justice of the Supreme Court or
   54  retired judge of a district court of appeal or circuit or county
   55  court assigned to temporary duty in any of such courts, pursuant
   56  to Art. V of the State Constitution, shall be compensated as
   57  follows:
   58         (a) A senior Any such justice or judge shall be paid at
   59  least not less than $200 for each day or portion of a day that
   60  the such justice or judge is assigned to temporary duty.;
   61  However, a senior no such justice or judge may not serve for
   62  more than 60 days in any year without the approval of the Chief
   63  Justice.
   64         (b) A senior justice or judge is entitled to reimbursement
   65  for necessary travel expenses expense incident to the
   66  performance of duties required by his or her assignment of such
   67  justice or judge to temporary duty pursuant to shall be paid by
   68  the state in accordance with the provisions of s. 112.061.
   69         (4)(3) Payments required under this section shall be made
   70  from moneys to be appropriated for this purpose.
   71         Section 2. Subsection (39) of section 121.021, Florida
   72  Statutes, is amended to read:
   73         121.021 Definitions.—The following words and phrases as
   74  used in this chapter have the respective meanings set forth
   75  unless a different meaning is plainly required by the context:
   76         (39)(a) “Termination” occurs, except as provided in
   77  paragraph (b) or paragraph (d), when a member ceases all
   78  employment relationships with participating employers, however:
   79         1. For retirements effective before July 1, 2010, if a
   80  member is employed by any such employer within the next calendar
   81  month, termination is shall be deemed not to have occurred. A
   82  leave of absence constitutes a continuation of the employment
   83  relationship, except that a leave of absence without pay due to
   84  disability may constitute termination if such member makes
   85  application for and is approved for disability retirement in
   86  accordance with s. 121.091(4). The department or state board may
   87  require other evidence of termination as it deems necessary.
   88         2. For retirements effective on or after July 1, 2010, if a
   89  member is employed by any such employer within the next 6
   90  calendar months, termination is shall be deemed not to have
   91  occurred. A leave of absence constitutes a continuation of the
   92  employment relationship, except that a leave of absence without
   93  pay due to disability may constitute termination if such member
   94  makes application for and is approved for disability retirement
   95  in accordance with s. 121.091(4). The department or state board
   96  may require other evidence of termination as it deems necessary.
   97         (b) “Termination” for a member electing to participate in
   98  the Deferred Retirement Option Program occurs when the program
   99  participant ceases all employment relationships with
  100  participating employers in accordance with s. 121.091(13),
  101  however:
  102         1. For termination dates occurring before July 1, 2010, if
  103  the member is employed by any such employer within the next
  104  calendar month, termination will be deemed not to have occurred,
  105  except as provided in s. 121.091(13)(b)4.c. A leave of absence
  106  constitutes shall constitute a continuation of the employment
  107  relationship.
  108         2. For termination dates occurring on or after July 1,
  109  2010, if the member becomes employed by any such employer within
  110  the next 6 calendar months, termination will be deemed not to
  111  have occurred, except as provided in s. 121.091(13)(b)4.c. A
  112  leave of absence constitutes a continuation of the employment
  113  relationship.
  114         (c) Effective July 1, 2011, “termination” for a member
  115  receiving a refund of employee contributions occurs when a
  116  member ceases all employment relationships with participating
  117  employers for 3 calendar months. A leave of absence constitutes
  118  a continuation of the employment relationship.
  119         (d)Effective July 1, 2013, termination” for a senior
  120  justice or senior judge, as defined in s. 25.073, occurs when
  121  the justice or judge ceases all employment for 1 calendar month
  122  and retires pursuant to this chapter.
  123         Section 3. Subsection (6) of section 121.053, Florida
  124  Statutes, is amended to read:
  125         121.053 Participation in the Elected Officers’ Class for
  126  retired members.—
  127         (6) A senior justice or senior retired judge, as defined in
  128  s. 25.073 consenting to temporary duty in any court, as assigned
  129  by the Chief Justice of the Supreme Court in accordance with s.
  130  2, Art. V of the State Constitution, is not subject to the
  131  renewed membership provisions of this section.
  132         Section 4. Subsection (9) of section 121.091, Florida
  133  Statutes, is amended to read:
  134         121.091 Benefits payable under the system.—Benefits may not
  135  be paid under this section unless the member has terminated
  136  employment as provided in s. 121.021(39)(a) or begun
  137  participation in the Deferred Retirement Option Program as
  138  provided in subsection (13), and a proper application has been
  139  filed in the manner prescribed by the department. The department
  140  may cancel an application for retirement benefits when the
  141  member or beneficiary fails to timely provide the information
  142  and documents required by this chapter and the department’s
  143  rules. The department shall adopt rules establishing procedures
  144  for application for retirement benefits and for the cancellation
  145  of such application when the required information or documents
  146  are not received.
  147         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
  148         (a) Any person who is retired under this chapter, except
  149  under the disability retirement provisions of subsection (4),
  150  may be employed by an employer that does not participate in a
  151  state-administered retirement system and receive compensation
  152  from that employment without limiting or restricting in any way
  153  the retirement benefits payable to that person.
  154         (b) Any person whose retirement is effective before July 1,
  155  2010, or whose participation in the Deferred Retirement Option
  156  Program terminates before July 1, 2010, except under the
  157  disability retirement provisions of subsection (4) or as
  158  provided in s. 121.053, may be reemployed by an employer that
  159  participates in a state-administered retirement system and
  160  receive retirement benefits and compensation from that employer,
  161  except that the person may not be reemployed by an employer
  162  participating in the Florida Retirement System before meeting
  163  the definition of termination in s. 121.021 and may not receive
  164  both a salary from the employer and retirement benefits for 12
  165  calendar months immediately subsequent to the date of
  166  retirement. However, a DROP participant shall continue
  167  employment and receive a salary during the period of
  168  participation in the Deferred Retirement Option Program, as
  169  provided in subsection (13).
  170         1. A retiree who violates such reemployment limitation
  171  before completion of the 12-month limitation period must give
  172  timely notice of this fact in writing to the employer and to the
  173  Division of Retirement or the state board and shall have his or
  174  her retirement benefits suspended for the months employed or the
  175  balance of the 12-month limitation period as required in sub
  176  subparagraphs b. and c. A retiree employed in violation of this
  177  paragraph and an employer who employs or appoints such person
  178  are jointly and severally liable for reimbursement to the
  179  retirement trust fund, including the Florida Retirement System
  180  Trust Fund and the Public Employee Optional Retirement Program
  181  Trust Fund, from which the benefits were paid. The employer must
  182  have a written statement from the retiree that he or she is not
  183  retired from a state-administered retirement system. Retirement
  184  benefits shall remain suspended until repayment has been made.
  185  Benefits suspended beyond the reemployment limitation shall
  186  apply toward repayment of benefits received in violation of the
  187  reemployment limitation.
  188         a. A district school board may reemploy a retiree as a
  189  substitute or hourly teacher, education paraprofessional,
  190  transportation assistant, bus driver, or food service worker on
  191  a noncontractual basis after he or she has been retired for 1
  192  calendar month. A district school board may reemploy a retiree
  193  as instructional personnel, as defined in s. 1012.01(2)(a), on
  194  an annual contractual basis after he or she has been retired for
  195  1 calendar month. Any member who is reemployed within 1 calendar
  196  month after retirement shall void his or her application for
  197  retirement benefits. District school boards reemploying such
  198  teachers, education paraprofessionals, transportation
  199  assistants, bus drivers, or food service workers are subject to
  200  the retirement contribution required by subparagraph 2.
  201         b. A community college board of trustees may reemploy a
  202  retiree as an adjunct instructor or as a participant in a phased
  203  retirement program within the Florida Community College System,
  204  after he or she has been retired for 1 calendar month. A member
  205  who is reemployed within 1 calendar month after retirement shall
  206  void his or her application for retirement benefits. Boards of
  207  trustees reemploying such instructors are subject to the
  208  retirement contribution required in subparagraph 2. A retiree
  209  may be reemployed as an adjunct instructor for no more than 780
  210  hours during the first 12 months of retirement. A retiree
  211  reemployed for more than 780 hours during the first 12 months of
  212  retirement must give timely notice in writing to the employer
  213  and to the Division of Retirement or the state board of the date
  214  he or she will exceed the limitation. The division shall suspend
  215  his or her retirement benefits for the remainder of the 12
  216  months of retirement. Any retiree employed in violation of this
  217  sub-subparagraph and any employer who employs or appoints such
  218  person without notifying the division to suspend retirement
  219  benefits are jointly and severally liable for any benefits paid
  220  during the reemployment limitation period. The employer must
  221  have a written statement from the retiree that he or she is not
  222  retired from a state-administered retirement system. Any
  223  retirement benefits received by the retiree while reemployed in
  224  excess of 780 hours during the first 12 months of retirement
  225  must be repaid to the Florida Retirement System Trust Fund, and
  226  retirement benefits shall remain suspended until repayment is
  227  made. Benefits suspended beyond the end of the retiree’s first
  228  12 months of retirement shall apply toward repayment of benefits
  229  received in violation of the 780-hour reemployment limitation.
  230         c. The State University System may reemploy a retiree as an
  231  adjunct faculty member or as a participant in a phased
  232  retirement program within the State University System after the
  233  retiree has been retired for 1 calendar month. A member who is
  234  reemployed within 1 calendar month after retirement voids shall
  235  void his or her application for retirement benefits. The State
  236  University System is subject to the retired contribution
  237  required in subparagraph 2., as appropriate. A retiree may be
  238  reemployed as an adjunct faculty member or a participant in a
  239  phased retirement program for no more than 780 hours during the
  240  first 12 months of his or her retirement. A retiree reemployed
  241  for more than 780 hours during the first 12 months of retirement
  242  must give timely notice in writing to the employer and to the
  243  Division of Retirement or the state board of the date he or she
  244  will exceed the limitation. The division shall suspend his or
  245  her retirement benefits for the remainder of the 12 months. Any
  246  retiree employed in violation of this sub-subparagraph and any
  247  employer who employs or appoints such person without notifying
  248  the division to suspend retirement benefits are jointly and
  249  severally liable for any benefits paid during the reemployment
  250  limitation period. The employer must have a written statement
  251  from the retiree that he or she is not retired from a state
  252  administered retirement system. Any retirement benefits received
  253  by the retiree while reemployed in excess of 780 hours during
  254  the first 12 months of retirement must be repaid to the Florida
  255  Retirement System Trust Fund, and retirement benefits shall
  256  remain suspended until repayment is made. Benefits suspended
  257  beyond the end of the retiree’s first 12 months of retirement
  258  shall apply toward repayment of benefits received in violation
  259  of the 780-hour reemployment limitation.
  260         d. The Board of Trustees of the Florida School for the Deaf
  261  and the Blind may reemploy a retiree as a substitute teacher,
  262  substitute residential instructor, or substitute nurse on a
  263  noncontractual basis after he or she has been retired for 1
  264  calendar month. Any member who is reemployed within 1 calendar
  265  month after retirement voids shall void his or her application
  266  for retirement benefits. The Board of Trustees of the Florida
  267  School for the Deaf and the Blind reemploying such teachers,
  268  residential instructors, or nurses is subject to the retirement
  269  contribution required by subparagraph 2.
  270         e. A developmental research school may reemploy a retiree
  271  as a substitute or hourly teacher or an education
  272  paraprofessional as defined in s. 1012.01(2) on a noncontractual
  273  basis after he or she has been retired for 1 calendar month. A
  274  developmental research school may reemploy a retiree as
  275  instructional personnel, as defined in s. 1012.01(2)(a), on an
  276  annual contractual basis after he or she has been retired for 1
  277  calendar month after retirement. Any member who is reemployed
  278  within 1 calendar month voids his or her application for
  279  retirement benefits. A developmental research school that
  280  reemploys retired teachers and education paraprofessionals is
  281  subject to the retirement contribution required by subparagraph
  282  2.
  283         f. A charter school may reemploy a retiree as a substitute
  284  or hourly teacher on a noncontractual basis after he or she has
  285  been retired for 1 calendar month. A charter school may reemploy
  286  a retired member as instructional personnel, as defined in s.
  287  1012.01(2)(a), on an annual contractual basis after he or she
  288  has been retired for 1 calendar month after retirement. Any
  289  member who is reemployed within 1 calendar month voids his or
  290  her application for retirement benefits. A charter school that
  291  reemploys such teachers is subject to the retirement
  292  contribution required by subparagraph 2.
  293         2. The employment of a retiree or DROP participant of a
  294  state-administered retirement system does not affect the average
  295  final compensation or years of creditable service of the retiree
  296  or DROP participant. Before July 1, 1991, upon employment of any
  297  person, other than an elected officer as provided in s. 121.053,
  298  who is retired under a state-administered retirement program,
  299  the employer shall pay retirement contributions in an amount
  300  equal to the unfunded actuarial liability portion of the
  301  employer contribution which would be required for regular
  302  members of the Florida Retirement System. Effective July 1,
  303  1991, contributions shall be made as provided in s. 121.122 for
  304  retirees who have renewed membership or, as provided in
  305  subsection (13), for DROP participants.
  306         3. Any person who is holding an elective public office
  307  which is covered by the Florida Retirement System and who is
  308  concurrently employed in nonelected covered employment may elect
  309  to retire while continuing employment in the elective public
  310  office if he or she terminates his or her nonelected covered
  311  employment. Such person shall receive his or her retirement
  312  benefits in addition to the compensation of the elective office
  313  without regard to the time limitations otherwise provided in
  314  this subsection. A person who seeks to exercise the provisions
  315  of this subparagraph as they existed before May 3, 1984, may not
  316  be deemed to be retired under those provisions, unless such
  317  person is eligible to retire under this subparagraph, as amended
  318  by chapter 84-11, Laws of Florida.
  319         (c) Any person whose retirement is effective on or after
  320  July 1, 2010, or whose participation in the Deferred Retirement
  321  Option Program terminates on or after July 1, 2010, who is
  322  retired under this chapter, except under the disability
  323  retirement provisions of subsection (4) or as provided in s.
  324  121.053, may be reemployed by an employer that participates in a
  325  state-administered retirement system and receive retirement
  326  benefits and compensation from that employer. However, a person
  327  may not be reemployed by an employer participating in the
  328  Florida Retirement System before meeting the definition of
  329  termination in s. 121.021 and may not receive both a salary from
  330  the employer and retirement benefits for 6 calendar months after
  331  meeting the definition of termination, except as provided in
  332  paragraph (f). However, a DROP participant shall continue
  333  employment and receive a salary during the period of
  334  participation in the Deferred Retirement Option Program, as
  335  provided in subsection (13).
  336         1. The reemployed retiree may not renew membership in the
  337  Florida Retirement System.
  338         2. The employer shall pay retirement contributions in an
  339  amount equal to the unfunded actuarial liability portion of the
  340  employer contribution that would be required for active members
  341  of the Florida Retirement System in addition to the
  342  contributions required by s. 121.76.
  343         3. A retiree initially reemployed in violation of this
  344  paragraph and an employer that employs or appoints such person
  345  are jointly and severally liable for reimbursement of any
  346  retirement benefits paid to the retirement trust fund from which
  347  the benefits were paid, including the Florida Retirement System
  348  Trust Fund and the Public Employee Optional Retirement Program
  349  Trust Fund, as appropriate. The employer must have a written
  350  statement from the employee that he or she is not retired from a
  351  state-administered retirement system. Retirement benefits shall
  352  remain suspended until repayment is made. Benefits suspended
  353  beyond the end of the retiree’s 6-month reemployment limitation
  354  period shall apply toward the repayment of benefits received in
  355  violation of this paragraph.
  356         (d) This subsection applies to retirees, as defined in s.
  357  121.4501(2) and except as provided in paragraph (f), of the
  358  Florida Retirement System Investment Plan, subject to the
  359  following conditions:
  360         1. A retiree may not be reemployed with an employer
  361  participating in the Florida Retirement System until such person
  362  has been retired for 6 calendar months.
  363         2. A retiree employed in violation of this subsection and
  364  an employer that employs or appoints such person are jointly and
  365  severally liable for reimbursement of any benefits paid to the
  366  retirement trust fund from which the benefits were paid. The
  367  employer must have a written statement from the retiree that he
  368  or she is not retired from a state-administered retirement
  369  system.
  370         (e) The limitations of this subsection apply to
  371  reemployment in any capacity irrespective of the category of
  372  funds from which the person is compensated.
  373         (f)1. Effective July 1, 2013, a senior justice or senior
  374  judge, as defined in s. 25.073, must be retired for 1 calendar
  375  month.
  376         2.The temporary assignment of a senior justice or judge
  377  after being retired for 1 calendar month is not considered
  378  reemployment or employment after retirement for purposes of
  379  chapter 121 and renewed membership in the Florida Retirement
  380  System is not allowed.
  381         Section 5. Paragraph (a) of subsection (1) of section
  382  121.591, Florida Statutes, is amended to read:
  383         121.591 Payment of benefits.—Benefits may not be paid under
  384  the Florida Retirement System Investment Plan unless the member
  385  has terminated employment as provided in s. 121.021(39)(a) or is
  386  deceased and a proper application has been filed as prescribed
  387  by the state board or the department. Benefits, including
  388  employee contributions, are not payable under the investment
  389  plan for employee hardships, unforeseeable emergencies, loans,
  390  medical expenses, educational expenses, purchase of a principal
  391  residence, payments necessary to prevent eviction or foreclosure
  392  on an employee’s principal residence, or any other reason except
  393  a requested distribution for retirement, a mandatory de minimis
  394  distribution authorized by the administrator, or a required
  395  minimum distribution provided pursuant to the Internal Revenue
  396  Code. The state board or department, as appropriate, may cancel
  397  an application for retirement benefits if the member or
  398  beneficiary fails to timely provide the information and
  399  documents required by this chapter and the rules of the state
  400  board and department. In accordance with their respective
  401  responsibilities, the state board and the department shall adopt
  402  rules establishing procedures for application for retirement
  403  benefits and for the cancellation of such application if the
  404  required information or documents are not received. The state
  405  board and the department, as appropriate, are authorized to cash
  406  out a de minimis account of a member who has been terminated
  407  from Florida Retirement System covered employment for a minimum
  408  of 6 calendar months. A de minimis account is an account
  409  containing employer and employee contributions and accumulated
  410  earnings of not more than $5,000 made under the provisions of
  411  this chapter. Such cash-out must be a complete lump-sum
  412  liquidation of the account balance, subject to the provisions of
  413  the Internal Revenue Code, or a lump-sum direct rollover
  414  distribution paid directly to the custodian of an eligible
  415  retirement plan, as defined by the Internal Revenue Code, on
  416  behalf of the member. Any nonvested accumulations and associated
  417  service credit, including amounts transferred to the suspense
  418  account of the Florida Retirement System Investment Plan Trust
  419  Fund authorized under s. 121.4501(6), shall be forfeited upon
  420  payment of any vested benefit to a member or beneficiary, except
  421  for de minimis distributions or minimum required distributions
  422  as provided under this section. If any financial instrument
  423  issued for the payment of retirement benefits under this section
  424  is not presented for payment within 180 days after the last day
  425  of the month in which it was originally issued, the third-party
  426  administrator or other duly authorized agent of the state board
  427  shall cancel the instrument and credit the amount of the
  428  instrument to the suspense account of the Florida Retirement
  429  System Investment Plan Trust Fund authorized under s.
  430  121.4501(6). Any amounts transferred to the suspense account are
  431  payable upon a proper application, not to include earnings
  432  thereon, as provided in this section, within 10 years after the
  433  last day of the month in which the instrument was originally
  434  issued, after which time such amounts and any earnings
  435  attributable to employer contributions shall be forfeited. Any
  436  forfeited amounts are assets of the trust fund and are not
  437  subject to chapter 717.
  438         (1) NORMAL BENEFITS.—Under the investment plan:
  439         (a) Benefits in the form of vested accumulations as
  440  described in s. 121.4501(6) are payable under this subsection in
  441  accordance with the following terms and conditions:
  442         1. Benefits are payable only to a member, an alternate
  443  payee of a qualified domestic relations order, or a beneficiary.
  444         2. Benefits shall be paid by the third-party administrator
  445  or designated approved providers in accordance with the law, the
  446  contracts, and any applicable board rule or policy.
  447         3. The member must be terminated from all employment with
  448  all Florida Retirement System employers, as provided in s.
  449  121.021(39).
  450         4. Benefit payments may not be made until the member has
  451  been terminated for 3 calendar months, except that the state
  452  board may authorize by rule for the distribution of up to 10
  453  percent of the member’s account after being terminated for 1
  454  calendar month if the member has reached the normal retirement
  455  date as defined in s. 121.021.
  456         5. Effective July 1, 2013, a senior justice or senior
  457  judge, as defined in s. 25.073, may continue to receive benefit
  458  payments while employed as a senior justice or senior judge
  459  after providing proof of termination from his or her regularly
  460  established position.
  461         6.5. If a member or former member of the Florida Retirement
  462  System receives an invalid distribution, such person must either
  463  repay the full amount within 90 days after receipt of final
  464  notification by the state board or the third-party administrator
  465  that the distribution was invalid, or, in lieu of repayment, the
  466  member must terminate employment from all participating
  467  employers. If such person fails to repay the full invalid
  468  distribution within 90 days after receipt of final notification,
  469  the person may be deemed retired from the investment plan by the
  470  state board and is subject to s. 121.122. If such person is
  471  deemed retired, any joint and several liability set out in s.
  472  121.091(9)(d)2. is void, and the state board, the department, or
  473  the employing agency is not liable for gains on payroll
  474  contributions that have not been deposited to the person’s
  475  account in the investment plan, pending resolution of the
  476  invalid distribution. The member or former member who has been
  477  deemed retired or who has been determined by the state board to
  478  have taken an invalid distribution may appeal the agency
  479  decision through the complaint process as provided under s.
  480  121.4501(9)(g)3. As used in this subparagraph, the term “invalid
  481  distribution” means any distribution from an account in the
  482  investment plan which is taken in violation of this section, s.
  483  121.091(9), or s. 121.4501.
  484         Section 6. Paragraph (b) of subsection (2) of section
  485  216.292, Florida Statutes, is amended to read:
  486         216.292 Appropriations nontransferable; exceptions.—
  487         (2) The following transfers are authorized to be made by
  488  the head of each department or the Chief Justice of the Supreme
  489  Court whenever it is deemed necessary by reason of changed
  490  conditions:
  491         (b) After providing notice at least 5 working days before
  492  prior to implementation:
  493         1. The transfer of funds within programs identified in the
  494  General Appropriations Act from identical funding sources
  495  between the following appropriation categories without
  496  limitation so long as such a transfer does not result in an
  497  increase, to the total recurring general revenue or trust fund
  498  cost of the agency or entity of the judicial branch in the
  499  subsequent fiscal year: other personal services, expenses,
  500  operating capital outlay, food products, state attorney and
  501  public defender operations, data processing services, operating
  502  and maintenance of patrol vehicles, overtime payments, salary
  503  incentive payments, compensation to senior justices and senior
  504  retired judges, law libraries, and juror and witness payments.
  505         2. The transfer of funds and positions from identical
  506  funding sources between salaries and benefits appropriation
  507  categories within programs identified in the General
  508  Appropriations Act. Such transfers must be consistent with
  509  legislative policy and intent and may not adversely affect
  510  achievement of approved performance outcomes or outputs in any
  511  program.
  512         Section 7. (1) In order to fund the benefit changes
  513  provided for in this act, the required employer contribution
  514  rates of the Florida Retirement System established in s.
  515  121.71(4), Florida Statutes, shall be adjusted as follows:
  516         (a) The Elected Officers’ ClassJustices, Judges is
  517  increased by 0.45 percentage points.
  518         (b) The Deferred Retirement Option Program is increased by
  519  0.01 percentage points.
  520         (2) In order to fund the benefit changes provided for in
  521  this act, the required employer contribution rates for the
  522  unfunded actuarial liability of the Florida Retirement System
  523  established in s. 121.71(5), Florida Statutes, for the Elected
  524  Officers’ ClassJustices, Judges shall be increased by 0.91
  525  percentage points.
  526         (3) The adjustments provided in subsections (1) and (2)
  527  shall be made in addition to other changes to such contribution
  528  rates which may be enacted into law to take effect on July 1,
  529  2013, and July 1, 2014. The Division of Law Revision and
  530  Information is requested to adjust accordingly the contribution
  531  rates provided in s. 121.71, Florida Statutes.
  532         Section 8. The Legislature finds that a proper and
  533  legitimate state purpose is served when employees and retirees
  534  of the state and its political subdivisions, and the dependents,
  535  survivors, and beneficiaries of such employees and retirees, are
  536  extended the basic protections afforded by governmental
  537  retirement systems that provide fair and adequate benefits and
  538  that are managed, administered, and funded in an actuarially
  539  sound manner as required by section 14, Article X of the State
  540  Constitution and part VII of chapter 112, Florida Statutes.
  541  Therefore, the Legislature determines and declares that this act
  542  fulfills an important state interest.
  543         Section 9. This act shall take effect only if:
  544         (1) The Legislature appropriates during the 2013
  545  Legislative Session the sum of at least $1.6 million from the
  546  General Revenue Fund on a recurring basis to the judicial branch
  547  in order to fund the increased employer contributions associated
  548  with the costs of the retirement benefits granted in this act;
  549  and
  550         (2) The State Courts Administrator certifies to the
  551  President of the Senate and the Speaker of the House of
  552  Representatives that the appropriation was made and that the
  553  appropriation was not vetoed by the Governor.
  554         Section 10. This act shall take effect July 1, 2013.