Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. PCS (776102) for SB 1114
       
       
       
       
       
       
                                Ì927262)Î927262                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/10/2014           .                                
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       (Ring) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 311 - 993
    4  and insert:
    5         Section 1. Subsections (3) and (5) of section 121.053,
    6  Florida Statutes, are amended to read:
    7         121.053 Participation in the Elected Officers’ Class for
    8  retired members.—
    9         (3) On or after July 1, 2010:
   10         (a) A retiree of a state-administered retirement system who
   11  is initially reemployed in elected or appointed for the first
   12  time to an elective office in a regularly established position
   13  with a covered employer may not reenroll in the Florida
   14  Retirement System, except as provided in s. 121.122.
   15         (b) An elected officer who is elected or appointed to an
   16  elective office and is participating in the Deferred Retirement
   17  Option Program is subject to termination as defined in s.
   18  121.021 upon completion of his or her DROP participation period.
   19  An elected official may defer termination as provided in
   20  subsection (7).
   21         (5) Any renewed member, as described in s. 121.122(1), (3),
   22  (4), or (5) subsection (1) or subsection (2), who is not
   23  receiving the maximum health insurance subsidy provided in s.
   24  112.363 is entitled to earn additional credit toward the maximum
   25  health insurance subsidy. Any additional subsidy due because of
   26  such additional credit may be received only at the time of
   27  payment of the second career retirement benefit. The total
   28  health insurance subsidy received from initial and renewed
   29  membership may not exceed the maximum allowed in s. 112.363.
   30         Section 2. Paragraph (f) of subsection (1) and paragraph
   31  (c) of subsection (6) of section 121.055, Florida Statutes, are
   32  amended to read:
   33         121.055 Senior Management Service Class.—There is hereby
   34  established a separate class of membership within the Florida
   35  Retirement System to be known as the “Senior Management Service
   36  Class,” which shall become effective February 1, 1987.
   37         (1)
   38         (f) Effective July 1, 1997, through June 30, 2015:
   39         1. Except as provided in subparagraphs subparagraph 3. and
   40  4., an elected state officer eligible for membership in the
   41  Elected Officers’ Class under s. 121.052(2)(a), (b), or (c) who
   42  elects membership in the Senior Management Service Class under
   43  s. 121.052(3)(c) may, within 6 months after assuming office or
   44  within 6 months after this act becomes a law for serving elected
   45  state officers, elect to participate in the Senior Management
   46  Service Optional Annuity Program, as provided in subsection (6),
   47  in lieu of membership in the Senior Management Service Class.
   48         2. Except as provided in subparagraphs subparagraph 3. and
   49  4., an elected officer of a local agency employer eligible for
   50  membership in the Elected Officers’ Class under s. 121.052(2)(d)
   51  who elects membership in the Senior Management Service Class
   52  under s. 121.052(3)(c) may, within 6 months after assuming
   53  office, or within 6 months after this act becomes a law for
   54  serving elected officers of a local agency employer, elect to
   55  withdraw from the Florida Retirement System, as provided in
   56  subparagraph (b)2., in lieu of membership in the Senior
   57  Management Service Class.
   58         3. A retiree of a state-administered retirement system who
   59  is initially reemployed in a regularly established position on
   60  or after July 1, 2010, through December 31, 2014, as an elected
   61  official eligible for the Elected Officers’ Class may not be
   62  enrolled in renewed membership in the Senior Management Service
   63  Class or in the Senior Management Service Optional Annuity
   64  Program as provided in subsection (6), and may not withdraw from
   65  the Florida Retirement System as a renewed member as provided in
   66  subparagraph (b)2., as applicable, in lieu of membership in the
   67  Senior Management Service Class. Effective January 1, 2015, a
   68  retiree of the Senior Management Service Optional Annuity
   69  Program who retired before July 1, 2010, and is reemployed in a
   70  regularly established position with a covered employer shall be
   71  enrolled as a renewed member as provided in s. 121.122.
   72         4. On or after July 1, 2015, an elected officer eligible
   73  for membership in the Elected Officers’ Class may not be
   74  enrolled in the Senior Management Service Class or in the Senior
   75  Management Service Optional Annuity Program as provided in
   76  subsection (6).
   77         (6)
   78         (c) Participation.—
   79         1. An eligible employee who is employed on or before
   80  February 1, 1987, may elect to participate in the optional
   81  annuity program in lieu of participating in the Senior
   82  Management Service Class. Such election must be made in writing
   83  and filed with the department and the personnel officer of the
   84  employer on or before May 1, 1987. An eligible employee who is
   85  employed on or before February 1, 1987, and who fails to make an
   86  election to participate in the optional annuity program by May
   87  1, 1987, shall be deemed to have elected membership in the
   88  Senior Management Service Class.
   89         2. Except as provided in subparagraph 6., an employee who
   90  becomes eligible to participate in the optional annuity program
   91  by reason of initial employment commencing after February 1,
   92  1987, may, within 90 days after the date of commencing
   93  employment, elect to participate in the optional annuity
   94  program. Such election must be made in writing and filed with
   95  the personnel officer of the employer. An eligible employee who
   96  does not within 90 days after commencing employment elect to
   97  participate in the optional annuity program shall be deemed to
   98  have elected membership in the Senior Management Service Class.
   99         3. A person who is appointed to a position in the Senior
  100  Management Service Class and who is a member of an existing
  101  retirement system or the Special Risk or Special Risk
  102  Administrative Support Classes of the Florida Retirement System
  103  may elect to remain in such system or class in lieu of
  104  participating in the Senior Management Service Class or optional
  105  annuity program. Such election must be made in writing and filed
  106  with the department and the personnel officer of the employer
  107  within 90 days after such appointment. An eligible employee who
  108  fails to make an election to participate in the existing system,
  109  the Special Risk Class of the Florida Retirement System, the
  110  Special Risk Administrative Support Class of the Florida
  111  Retirement System, or the optional annuity program shall be
  112  deemed to have elected membership in the Senior Management
  113  Service Class.
  114         4. Except as provided in subparagraph 5., an employee’s
  115  election to participate in the optional annuity program is
  116  irrevocable if the employee continues to be employed in an
  117  eligible position and continues to meet the eligibility
  118  requirements set forth in this paragraph.
  119         5. Effective from July 1, 2002, through September 30, 2002,
  120  an active employee in a regularly established position who has
  121  elected to participate in the Senior Management Service Optional
  122  Annuity Program has one opportunity to choose to move from the
  123  Senior Management Service Optional Annuity Program to the
  124  Florida Retirement System Pension Plan.
  125         a. The election must be made in writing and must be filed
  126  with the department and the personnel officer of the employer
  127  before October 1, 2002, or, in the case of an active employee
  128  who is on a leave of absence on July 1, 2002, within 90 days
  129  after the conclusion of the leave of absence. This election is
  130  irrevocable.
  131         b. The employee shall receive service credit under the
  132  pension plan equal to his or her years of service under the
  133  Senior Management Service Optional Annuity Program. The cost for
  134  such credit is the amount representing the present value of that
  135  employee’s accumulated benefit obligation for the affected
  136  period of service.
  137         c. The employee must transfer the total accumulated
  138  employer contributions and earnings on deposit in his or her
  139  Senior Management Service Optional Annuity Program account. If
  140  the transferred amount is not sufficient to pay the amount due,
  141  the employee must pay a sum representing the remainder of the
  142  amount due. The employee may not retain any employer
  143  contributions or earnings from the Senior Management Service
  144  Optional Annuity Program account.
  145         6. A retiree of a state-administered retirement system who
  146  is initially reemployed on or after July 1, 2010, through
  147  December 31, 2014, may not renew membership in the Senior
  148  Management Service Optional Annuity Program. Effective January
  149  1, 2015, a retiree of the Senior Management Service Optional
  150  Annuity Program who retired before July 1, 2010, and is
  151  reemployed in a regularly established position with a covered
  152  employer shall be enrolled as a renewed member as provided in s.
  153  121.122.
  154         7. Effective July 1, 2015, the Senior Management Service
  155  Optional Annuity Program is closed to new members. Members
  156  enrolled in the Senior Management Service Optional Annuity
  157  Program before July 1, 2015, may retain their membership in the
  158  annuity program.
  159         Section 3. Paragraph (a) of subsection (4) of section
  160  121.091, Florida Statutes, is amended to read:
  161         121.091 Benefits payable under the system.—Benefits may not
  162  be paid under this section unless the member has terminated
  163  employment as provided in s. 121.021(39)(a) or begun
  164  participation in the Deferred Retirement Option Program as
  165  provided in subsection (13), and a proper application has been
  166  filed in the manner prescribed by the department. The department
  167  may cancel an application for retirement benefits when the
  168  member or beneficiary fails to timely provide the information
  169  and documents required by this chapter and the department’s
  170  rules. The department shall adopt rules establishing procedures
  171  for application for retirement benefits and for the cancellation
  172  of such application when the required information or documents
  173  are not received.
  174         (4) DISABILITY RETIREMENT BENEFIT.—
  175         (a) Disability retirement; entitlement and effective date.—
  176         1.a. A member who becomes totally and permanently disabled,
  177  as defined in paragraph (b), after completing 5 years of
  178  creditable service, or a member who becomes totally and
  179  permanently disabled in the line of duty regardless of service,
  180  is entitled to a monthly disability benefit,; except that any
  181  member with less than 5 years of creditable service on July 1,
  182  1980, or any person who becomes a member of the Florida
  183  Retirement System on or after such date must have completed 10
  184  years of creditable service before becoming totally and
  185  permanently disabled in order to receive disability retirement
  186  benefits for a any disability that which occurs other than in
  187  the line of duty. However, if a member employed on July 1, 1980,
  188  who has less than 5 years of creditable service as of that date
  189  becomes totally and permanently disabled after completing 5
  190  years of creditable service and is found not to have attained
  191  fully insured status for benefits under the federal Social
  192  Security Act, such member is entitled to a monthly disability
  193  benefit.
  194         b. Effective July 1, 2001, a member of the pension plan
  195  initially enrolled before July 1, 2015, who becomes totally and
  196  permanently disabled, as defined in paragraph (b), after
  197  completing 8 years of creditable service, or a member who
  198  becomes totally and permanently disabled in the line of duty
  199  regardless of service, is entitled to a monthly disability
  200  benefit.
  201         c. Effective July 1, 2015, a member of the pension plan
  202  initially enrolled on or after July 1, 2015, who becomes totally
  203  and permanently disabled, as defined in paragraph (b), after
  204  completing 10 years of creditable service, or a member who
  205  becomes totally and permanently disabled in the line of duty
  206  regardless of service, is entitled to a monthly disability
  207  benefit.
  208         2. If the division has received from the employer the
  209  required documentation of the member’s termination of employment
  210  from the employer, the effective retirement date for a member
  211  who applies and is approved for disability retirement shall be
  212  as established by rule of the division.
  213         3. For a member who is receiving Workers’ Compensation
  214  payments, the effective disability retirement date may not
  215  precede the date the member reaches Maximum Medical Improvement
  216  (MMI), unless the member terminates employment before reaching
  217  MMI.
  218         Section 4. Subsection (2) of section 121.122, Florida
  219  Statutes, is amended, and subsections (3), (4), and (5) are
  220  added to that section, to read:
  221         121.122 Renewed membership in system.—
  222         (2) Except as otherwise provided in subsections (3)-(5), a
  223  retiree of a state-administered retirement system who is
  224  initially reemployed in a regularly established position on or
  225  after July 1, 2010, may not be enrolled as a renewed member.
  226         (3) A retiree of the investment plan, the State University
  227  System Optional Retirement Program, the Senior Management
  228  Service Optional Annuity Program, or the State Community College
  229  System Optional Retirement Program who retired before July 1,
  230  2010, and is employed in a regularly established position with a
  231  covered employer on or after January 1, 2015, shall be a renewed
  232  member of the Regular Class of the investment plan regardless of
  233  the position held, unless employed in a position eligible for
  234  participation in the State University System Optional Retirement
  235  Program or the State Community College System Optional
  236  Retirement Program as provided in subsections (4) and (5),
  237  respectively. The renewed member must satisfy the vesting
  238  requirements and other provisions of this chapter.
  239         (a) Creditable service, including credit toward the retiree
  240  health insurance subsidy provided in s. 112.363, does not accrue
  241  for a retiree’s employment in a regularly established position
  242  with a covered employer from July 1, 2010, through December 31,
  243  2014.
  244         (b) Employer and employee contributions, interest,
  245  earnings, or any other funds may not be paid into a renewed
  246  member’s investment plan account for any employment in a
  247  regularly established position with a covered employer from July
  248  1, 2010, through December 31, 2014, by the renewed member or the
  249  employer on behalf of the member.
  250         (c) To be eligible to receive a retirement benefit, the
  251  renewed member must satisfy the vesting requirements in s.
  252  121.4501(6).
  253         (d) The member is ineligible to receive disability benefits
  254  as provided in s. 121.091(4) or s. 121.591(2).
  255         (e) The member is subject to the reemployment after
  256  retirement limitations provided in s. 121.091(9), as applicable.
  257         (f) The member must satisfy the requirements for
  258  termination from employment provided in s. 121.021(39).
  259         (g) Upon the renewed membership or reemployment of a
  260  retiree, the employer and the retiree shall pay the applicable
  261  employer and employee contributions required under ss. 112.363,
  262  121.71, 121.74, and 121.76. The contributions are payable only
  263  for employment and salary earned in a regularly established
  264  position with a covered employer on or after January 1, 2015.
  265  The employer and employee contributions shall be transferred to
  266  the investment plan and placed in a default fund as designated
  267  by the state board. The retiree may move the contributions once
  268  an account is activated in the investment plan.
  269         (h) The member may not purchase any past service in the
  270  investment plan, including employment in a regularly established
  271  position with a covered employer from July 1, 2010, through
  272  December 31, 2014.
  273         (i) A renewed member who is a retiree of the investment
  274  plan and who is not receiving the maximum health insurance
  275  subsidy provided in s. 112.363 is entitled to earn additional
  276  credit toward the subsidy. Such credit may be earned only for
  277  employment in a regularly established position with a covered
  278  employer on or after January 1, 2015. Any additional subsidy due
  279  because of additional credit may be received only at the time of
  280  paying the second career retirement benefit. The total health
  281  insurance subsidy received by a retiree receiving benefits from
  282  initial and renewed membership may not exceed the maximum
  283  allowed under s. 112.363.
  284         (4) A retiree of the investment plan, the State University
  285  System Optional Retirement Program, the Senior Management
  286  Service Optional Annuity Program, or the State Community College
  287  System Optional Retirement Program who retired before July 1,
  288  2010, and is employed in a regularly established position
  289  eligible for participation in the State University System
  290  Optional Retirement Program on or after January 1, 2015, shall
  291  become a renewed member of the optional retirement program. The
  292  renewed member must satisfy the vesting requirements and other
  293  provisions of this chapter. Once enrolled, a renewed member
  294  remains enrolled in the optional retirement program while
  295  employed in an eligible position for the optional retirement
  296  program. If employment in a different covered position results
  297  in the retiree’s enrollment in the investment plan, the retiree
  298  is no longer eligible to participate in the optional retirement
  299  program unless employed in a mandatory position under s. 121.35.
  300         (a) The member is subject to the reemployment after
  301  retirement limitations provided in s. 121.091(9), as applicable.
  302         (b) The member must satisfy the requirements for
  303  termination of employment provided in s. 121.021(39).
  304         (c) Upon renewed membership or reemployment of a retiree,
  305  the employer and the retiree shall pay the applicable employer
  306  and employee contributions required under s. 121.35.
  307         (d) The member, or the employer on behalf of the member,
  308  may not purchase any prior service in the optional retirement
  309  program or employment from July 1, 2010, to December 31, 2014,
  310  when renewed membership is not available.
  311         (5) A retiree of the investment plan, the State University
  312  System Optional Retirement Program, the Senior Management
  313  Service System Optional Annuity Program, or the State Community
  314  College System Optional Retirement Program who retired before
  315  July 1, 2010, and is employed in a regularly established
  316  position eligible for participation in the State Community
  317  College System Optional Retirement Program as provided in s.
  318  121.051(2)(c)4. on or after January 1, 2015, shall become a
  319  renewed member of the optional retirement program. The renewed
  320  member must satisfy the eligibility requirements of this chapter
  321  and s. 1012.875 for the optional retirement program. Once
  322  enrolled, a renewed member remains enrolled in the optional
  323  retirement program while employed in an eligible position for
  324  the optional retirement program. If employment in a different
  325  covered position results in the retiree’s enrollment in the
  326  investment plan, the retiree is no longer eligible to
  327  participate in the optional retirement program.
  328         (a) The member is subject to the reemployment after
  329  retirement limitations provided in s. 121.091(9), as applicable.
  330         (b) The member must satisfy the requirements for
  331  termination of employment provided in s. 121.021(39).
  332         (c) Upon renewed membership or reemployment of a retiree,
  333  the employer and the retiree shall pay the applicable employer
  334  and employee contributions required under ss. 121.051(2)(c) and
  335  1012.875.
  336         (d) The member, or the employer on behalf of the member,
  337  may not purchase any past service in the optional retirement
  338  program or employment accrued from July 1, 2010, to December 31,
  339  2014.
  340         Section 5. Paragraph (c) of subsection (3) and paragraph
  341  (a) of subsection (4) of section 121.35, Florida Statutes, are
  342  amended to read:
  343         121.35 Optional retirement program for the State University
  344  System.—
  345         (3) ELECTION OF OPTIONAL PROGRAM.—
  346         (c) Any employee who becomes eligible to participate in the
  347  optional retirement program on or after January 1, 1993, shall
  348  be a compulsory participant of the program unless such employee
  349  elects membership in the Florida Retirement System. Such
  350  election shall be made in writing and filed with the personnel
  351  officer of the employer. Any eligible employee who fails to make
  352  such election within the prescribed time period shall be deemed
  353  to have elected to participate in the optional retirement
  354  program.
  355         1. Any employee whose optional retirement program
  356  eligibility results from initial employment shall be enrolled in
  357  the program at the commencement of employment. If, within 90
  358  days after commencement of employment, the employee elects
  359  membership in the Florida Retirement System, such membership
  360  shall be effective retroactive to the date of commencement of
  361  employment as provided in s. 121.4501(4).
  362         2. Any employee whose optional retirement program
  363  eligibility results from a change in status due to the
  364  subsequent designation of the employee’s position as one of
  365  those specified in paragraph (2)(a) or due to the employee’s
  366  appointment, promotion, transfer, or reclassification to a
  367  position specified in paragraph (2)(a) shall be enrolled in the
  368  optional retirement program upon such change in status and shall
  369  be notified by the employer of such action. If, within 90 days
  370  after the date of such notification, the employee elects to
  371  retain membership in the Florida Retirement System, such
  372  continuation of membership shall be retroactive to the date of
  373  the change in status.
  374         3. Notwithstanding the provisions of this paragraph,
  375  effective July 1, 1997, an any employee who is eligible to
  376  participate in the Optional Retirement Program and who fails to
  377  execute a contract with one of the approved companies and to
  378  notify the department in writing as provided in subsection (4)
  379  within 90 days after the date of eligibility shall be deemed to
  380  have elected membership in the Florida Retirement System, except
  381  as provided in s. 121.051(1)(a). This provision shall also
  382  applies apply to an any employee who terminates employment in an
  383  eligible position before executing the required investment
  384  annuity contract and notifying the department. Such membership
  385  is shall be retroactive to the date of eligibility, and all
  386  appropriate contributions shall be transferred to the Florida
  387  Retirement System Trust Fund and the Health Insurance Subsidy
  388  Trust Fund.
  389         (4) CONTRIBUTIONS.—
  390         (a)1. Through June 30, 2001, each employer shall contribute
  391  on behalf of each member of the optional retirement program an
  392  amount equal to the normal cost portion of the employer
  393  retirement contribution which would be required if the employee
  394  were a regular member of the Florida Retirement System Pension
  395  Plan, plus the portion of the contribution rate required in s.
  396  112.363(8) which that would otherwise be assigned to the Retiree
  397  Health Insurance Subsidy Trust Fund.
  398         2. Effective July 1, 2001, through June 30, 2011, each
  399  employer shall contribute on behalf of each member of the
  400  optional retirement program an amount equal to 10.43 percent of
  401  the employee’s gross monthly compensation.
  402         3. Effective July 1, 2011, through June 30, 2012, each
  403  member of the optional retirement program shall contribute an
  404  amount equal to the employee contribution required in s.
  405  121.71(3)(a). The employer shall contribute on behalf of each
  406  such member an amount equal to the difference between 10.43
  407  percent of the employee’s gross monthly compensation and the
  408  amount equal to the employee’s required contribution based on
  409  the employee’s gross monthly compensation.
  410         4. Effective July 1, 2012, each member of the optional
  411  retirement program shall contribute an amount equal to the
  412  employee contribution required in s. 121.71(3)(a). The employer
  413  shall contribute on behalf of each such member an amount equal
  414  to the difference between 8.15 percent of the employee’s gross
  415  monthly compensation and the amount equal to the employee’s
  416  required contribution based on the employee’s gross monthly
  417  compensation.
  418         5. The payment of the contributions, including
  419  contributions by the employee, shall be made by the employer to
  420  the department, which shall forward the contributions to the
  421  designated company or companies contracting for payment of
  422  benefits for members of the program. However, such contributions
  423  paid on behalf of an employee described in paragraph (3)(c) may
  424  not be forwarded to a company and do not begin to accrue
  425  interest until the employee has executed a contract and notified
  426  the department. The department shall deduct an amount from the
  427  contributions to provide for the administration of this program.
  428         Section 6. Subsection (1), paragraphs (e) and (i) of
  429  subsection (2), paragraph (b) of subsection (3), subsection (4),
  430  paragraph (c) of subsection (5), subsection (8), and paragraphs
  431  (a), (b), (c), and (h) of subsection (10) of section 121.4501,
  432  Florida Statutes, are amended to read:
  433         121.4501 Florida Retirement System Investment Plan.—
  434         (1) The Trustees of the State Board of Administration shall
  435  establish a defined contribution program called the “Florida
  436  Retirement System Investment Plan” or “investment plan” for
  437  members of the Florida Retirement System under which retirement
  438  benefits will be provided for eligible employees who elect to
  439  participate in the program and for employees initially enrolled
  440  on or after July 1, 2015, in positions covered by the Elected
  441  Officers’ Class or the Senior Management Service Class and who
  442  are compulsory members of the investment plan unless otherwise
  443  eligible to withdraw from the system under s. 121.052(3)(d) or
  444  s. 121.055(1)(b)2., or to participate in an optional retirement
  445  program under s. 121.051(1)(a), s. 121.051(2)(c), or s. 121.35.
  446  Investment plan membership continues if there is subsequent
  447  employment in a position covered by another membership class.
  448  The retirement benefits shall be provided through member
  449  directed investments, in accordance with s. 401(a) of the
  450  Internal Revenue Code and related regulations. The employer and
  451  employee shall make contributions, as provided in this section
  452  and ss. 121.571 and 121.71, to the Florida Retirement System
  453  Investment Plan Trust Fund toward the funding of benefits.
  454         (2) DEFINITIONS.—As used in this part, the term:
  455         (e) “Eligible employee” means an officer or employee, as
  456  defined in s. 121.021, who:
  457         1. Is a member of, or is eligible for membership in, the
  458  Florida Retirement System, including any renewed member of the
  459  Florida Retirement System initially enrolled before July 1,
  460  2010; or
  461         2. Participates in, or is eligible to participate in, the
  462  Senior Management Service Optional Annuity Program as
  463  established under s. 121.055(6), the State Community College
  464  System Optional Retirement Program as established under s.
  465  121.051(2)(c), or the State University System Optional
  466  Retirement Program established under s. 121.35; or
  467         3. Is a retired member of the investment plan, the State
  468  University System Optional Retirement Program, the Senior
  469  Management Service Optional Annuity Program, or the State
  470  Community College System Optional Retirement Program who retired
  471  before July 1, 2010 and is employed in a regularly established
  472  position on or after January 1, 2015, as provided in s. 121.122.
  473  
  474  The term does not include any member participating in the
  475  Deferred Retirement Option Program established under s.
  476  121.091(13), a retiree of a state-administered retirement system
  477  who retired initially reemployed in a regularly established
  478  position on or after July 1, 2010, or a mandatory participant of
  479  the State University System Optional Retirement Program
  480  established under s. 121.35.
  481         (i) “Member” or “employee” means an eligible employee who
  482  enrolls in or is defaulted into the investment plan as provided
  483  in subsection (4), a terminated Deferred Retirement Option
  484  Program member as described in subsection (21), or a beneficiary
  485  or alternate payee of a member or employee.
  486         (3) RETIREMENT SERVICE CREDIT; TRANSFER OF BENEFITS.—
  487         (b) Notwithstanding paragraph (a), an eligible employee who
  488  elects to participate in or is defaulted into the investment
  489  plan and establishes one or more individual member accounts may
  490  elect to transfer to the investment plan a sum representing the
  491  present value of the employee’s accumulated benefit obligation
  492  under the pension plan, except as provided in paragraph (4)(b).
  493  Upon transfer, all service credit earned under the pension plan
  494  is nullified for purposes of entitlement to a future benefit
  495  under the pension plan. A member may not transfer the
  496  accumulated benefit obligation balance from the pension plan
  497  after the time period for enrolling in the investment plan has
  498  expired.
  499         1. For purposes of this subsection, the present value of
  500  the member’s accumulated benefit obligation is based upon the
  501  member’s estimated creditable service and estimated average
  502  final compensation under the pension plan, subject to
  503  recomputation under subparagraph 2. For state employees, initial
  504  estimates shall be based upon creditable service and average
  505  final compensation as of midnight on June 30, 2002; for district
  506  school board employees, initial estimates shall be based upon
  507  creditable service and average final compensation as of midnight
  508  on September 30, 2002; and for local government employees,
  509  initial estimates shall be based upon creditable service and
  510  average final compensation as of midnight on December 31, 2002.
  511  The dates specified are the “estimate date” for these employees.
  512  The actuarial present value of the employee’s accumulated
  513  benefit obligation shall be based on the following:
  514         a. The discount rate and other relevant actuarial
  515  assumptions used to value the Florida Retirement System Trust
  516  Fund at the time the amount to be transferred is determined,
  517  consistent with the factors provided in sub-subparagraphs b. and
  518  c.
  519         b. A benefit commencement age, based on the member’s
  520  estimated creditable service as of the estimate date.
  521         c. Except as provided under sub-subparagraph d., for a
  522  member initially enrolled:
  523         (I) Before July 1, 2011, the benefit commencement age is
  524  the younger of the following, but may not be younger than the
  525  member’s age as of the estimate date:
  526         (A) Age 62; or
  527         (B) The age the member would attain if the member completed
  528  30 years of service with an employer, assuming the member worked
  529  continuously from the estimate date, and disregarding any
  530  vesting requirement that would otherwise apply under the pension
  531  plan.
  532         (II) On or after July 1, 2011, the benefit commencement age
  533  is the younger of the following, but may not be younger than the
  534  member’s age as of the estimate date:
  535         (A) Age 65; or
  536         (B) The age the member would attain if the member completed
  537  33 years of service with an employer, assuming the member worked
  538  continuously from the estimate date, and disregarding any
  539  vesting requirement that would otherwise apply under the pension
  540  plan.
  541         d. For members of the Special Risk Class and for members of
  542  the Special Risk Administrative Support Class entitled to retain
  543  the special risk normal retirement date:
  544         (I) Initially enrolled before July 1, 2011, the benefit
  545  commencement age is the younger of the following, but may not be
  546  younger than the member’s age as of the estimate date:
  547         (A) Age 55; or
  548         (B) The age the member would attain if the member completed
  549  25 years of service with an employer, assuming the member worked
  550  continuously from the estimate date, and disregarding any
  551  vesting requirement that would otherwise apply under the pension
  552  plan.
  553         (II) Initially enrolled on or after July 1, 2011, the
  554  benefit commencement age is the younger of the following, but
  555  may not be younger than the member’s age as of the estimate
  556  date:
  557         (A) Age 60; or
  558         (B) The age the member would attain if the member completed
  559  30 years of service with an employer, assuming the member worked
  560  continuously from the estimate date, and disregarding any
  561  vesting requirement that would otherwise apply under the pension
  562  plan.
  563         e. The calculation must disregard vesting requirements and
  564  early retirement reduction factors that would otherwise apply
  565  under the pension plan.
  566         2. For each member who elects to transfer moneys from the
  567  pension plan to his or her account in the investment plan, the
  568  division shall recompute the amount transferred under
  569  subparagraph 1. within 60 days after the actual transfer of
  570  funds based upon the member’s actual creditable service and
  571  actual final average compensation as of the initial date of
  572  participation in the investment plan. If the recomputed amount
  573  differs from the amount transferred by $10 or more, the division
  574  shall:
  575         a. Transfer, or cause to be transferred, from the Florida
  576  Retirement System Trust Fund to the member’s account the excess,
  577  if any, of the recomputed amount over the previously transferred
  578  amount together with interest from the initial date of transfer
  579  to the date of transfer under this subparagraph, based upon the
  580  effective annual interest equal to the assumed return on the
  581  actuarial investment which was used in the most recent actuarial
  582  valuation of the system, compounded annually.
  583         b. Transfer, or cause to be transferred, from the member’s
  584  account to the Florida Retirement System Trust Fund the excess,
  585  if any, of the previously transferred amount over the recomputed
  586  amount, together with interest from the initial date of transfer
  587  to the date of transfer under this subparagraph, based upon 6
  588  percent effective annual interest, compounded annually, pro rata
  589  based on the member’s allocation plan.
  590         3. If contribution adjustments are made as a result of
  591  employer errors or corrections, including plan corrections,
  592  following recomputation of the amount transferred under
  593  subparagraph 1., the member is entitled to the additional
  594  contributions or is responsible for returning any excess
  595  contributions resulting from the correction. However, a any
  596  return of such erroneous excess pretax contribution by the plan
  597  must be made within the period allowed by the Internal Revenue
  598  Service. The present value of the member’s accumulated benefit
  599  obligation may shall not be recalculated.
  600         4. As directed by the member, the state board shall
  601  transfer or cause to be transferred the appropriate amounts to
  602  the designated accounts within 30 days after the effective date
  603  of the member’s participation in the investment plan unless the
  604  major financial markets for securities available for a transfer
  605  are seriously disrupted by an unforeseen event that causes the
  606  suspension of trading on a any national securities exchange in
  607  the country where the securities were issued. In that event, the
  608  30-day period may be extended by a resolution of the state
  609  board. Transfers are not commissionable or subject to other fees
  610  and may be in the form of securities or cash, as determined by
  611  the state board. Such securities are valued as of the date of
  612  receipt in the member’s account.
  613         5. If the state board or the division receives notification
  614  from the United States Internal Revenue Service that this
  615  paragraph or any portion of this paragraph will cause the
  616  retirement system, or a portion thereof, to be disqualified for
  617  tax purposes under the Internal Revenue Code, the portion that
  618  will cause the disqualification does not apply. Upon such
  619  notice, the state board and the division shall notify the
  620  presiding officers of the Legislature.
  621         (4) PARTICIPATION; ENROLLMENT.—
  622         (a)1. Effective June 1, 2002, through February 28, 2003, a
  623  90-day election period, preceded by a 90-day education period,
  624  was provided to each eligible employee participating in the
  625  Florida Retirement System which permitted each eligible employee
  626  to elect membership in the investment plan, and an employee who
  627  failed to elect the investment plan during the election period
  628  remained in the pension plan. An eligible employee who was
  629  employed in a regularly established position during the election
  630  period was granted the option to make one subsequent election,
  631  as provided in paragraph (f). With respect to an eligible
  632  employee who did not participate in the initial election period
  633  or who is initially employee who is employed in a regularly
  634  established position after the close of the initial election
  635  period but before July 1, 2015, on June 1, 2002, by a state
  636  employer:
  637         a. Any such employee may elect to participate in the
  638  investment plan in lieu of retaining his or her membership in
  639  the pension plan. The election must be made in writing or by
  640  electronic means and must be filed with the third-party
  641  administrator by August 31, 2002, or, in the case of an active
  642  employee who is on a leave of absence on April 1, 2002, by the
  643  last business day of the 5th month following the month the leave
  644  of absence concludes. This election is irrevocable, except as
  645  provided in paragraph (g). Upon making such election, the
  646  employee shall be enrolled as a member of the investment plan,
  647  the employee’s membership in the Florida Retirement System is
  648  governed by the provisions of this part, and the employee’s
  649  membership in the pension plan terminates. The employee’s
  650  enrollment in the investment plan is effective the first day of
  651  the month for which a full month’s employer contribution is made
  652  to the investment plan.
  653         b. Any such employee who fails to elect to participate in
  654  the investment plan within the prescribed time period is deemed
  655  to have elected to retain membership in the pension plan, and
  656  the employee’s option to elect to participate in the investment
  657  plan is forfeited.
  658         2. With respect to employees who become eligible to
  659  participate in the investment plan by reason of employment in a
  660  regularly established position with a state employer commencing
  661  after April 1, 2002:
  662         a. Any such employee shall, by default, be enrolled in the
  663  pension plan at the commencement of employment, and may, by the
  664  last business day of the 5th month following the employee’s
  665  month of hire, elect to participate in the investment plan. The
  666  employee’s election must be made in writing or by electronic
  667  means and must be filed with the third-party administrator. The
  668  election to participate in the investment plan is irrevocable,
  669  except as provided in paragraph (f)(g).
  670         a.b. If the employee files such election within the
  671  prescribed time period, enrollment in the investment plan is
  672  effective on the first day of employment. The retirement
  673  contributions paid through the month of the employee plan change
  674  shall be transferred to the investment program, and, effective
  675  the first day of the next month, the employer and employee must
  676  pay the applicable contributions based on the employee
  677  membership class in the program.
  678         b.c. An employee who fails to elect to participate in the
  679  investment plan within the prescribed time period is deemed to
  680  have elected to retain membership in the pension plan, and the
  681  employee’s option to elect to participate in the investment plan
  682  is forfeited.
  683         2.3. With respect to employees who become eligible to
  684  participate in the investment plan pursuant to s.
  685  121.051(2)(c)3. or s. 121.35(3)(i), the employee may elect to
  686  participate in the investment plan in lieu of retaining his or
  687  her membership in the State Community College System Optional
  688  Retirement Program or the State University System Optional
  689  Retirement Program. The election must be made in writing or by
  690  electronic means and must be filed with the third-party
  691  administrator. This election is irrevocable, except as provided
  692  in paragraph (f)(g). Upon making such election, the employee
  693  shall be enrolled as a member in the investment plan, the
  694  employee’s membership in the Florida Retirement System is
  695  governed by the provisions of this part, and the employee’s
  696  participation in the State Community College System Optional
  697  Retirement Program or the State University System Optional
  698  Retirement Program terminates. The employee’s enrollment in the
  699  investment plan is effective on the first day of the month for
  700  which a full month’s employer and employee contribution is made
  701  to the investment plan.
  702         4. For purposes of this paragraph, “state employer” means
  703  any agency, board, branch, commission, community college,
  704  department, institution, institution of higher education, or
  705  water management district of the state, which participates in
  706  the Florida Retirement System for the benefit of certain
  707  employees.
  708         (b) With respect to employees who become eligible to
  709  participate in the investment plan, except as provided in
  710  paragraph (g), by reason of employment in a regularly
  711  established position commencing on or after July 1, 2015, such
  712  employee shall be enrolled in the pension plan at the
  713  commencement of employment and may, by the last business day of
  714  the 8th month following the employee’s month of hire, elect to
  715  participate in the pension plan or the investment plan. Eligible
  716  employees may make a plan election only if they are earning
  717  service credit in an employer-employee relationship consistent
  718  with s. 121.021(17)(b), excluding leaves of absence without pay.
  719         1. The employee’s election must be in writing or by
  720  electronic means and must be filed with the third-party
  721  administrator. The election to participate in the pension plan
  722  or investment plan is irrevocable, except as provided in
  723  paragraph (f).
  724         2. If the employee fails to make an election of the pension
  725  plan or investment plan within 8 months following the month of
  726  hire, the employee is deemed to have elected the investment plan
  727  and will be defaulted into the investment plan retroactively to
  728  the employee’s date of employment. The employee’s option to
  729  participate in the pension plan is forfeited, except as provided
  730  in paragraph (f).
  731         3. The amount of the employee and employer contributions
  732  paid before the default to the investment plan shall be
  733  transferred to the investment plan and placed in a default fund
  734  as designated by the State Board of Administration. The employee
  735  may move the contributions once an account is activated in the
  736  investment plan.
  737         4. Effective the first day of the month after an eligible
  738  employee makes a plan election of the pension plan or investment
  739  plan, or after the month of default to the investment plan, the
  740  employee and employer shall pay the applicable contributions
  741  based on the employee membership class in the pension plan or
  742  investment plan.
  743         (b)1. With respect to an eligible employee who is employed
  744  in a regularly established position on September 1, 2002, by a
  745  district school board employer:
  746         a. Any such employee may elect to participate in the
  747  investment plan in lieu of retaining his or her membership in
  748  the pension plan. The election must be made in writing or by
  749  electronic means and must be filed with the third-party
  750  administrator by November 30, or, in the case of an active
  751  employee who is on a leave of absence on July 1, 2002, by the
  752  last business day of the 5th month following the month the leave
  753  of absence concludes. This election is irrevocable, except as
  754  provided in paragraph (g). Upon making such election, the
  755  employee shall be enrolled as a member of the investment plan,
  756  the employee’s membership in the Florida Retirement System is
  757  governed by the provisions of this part, and the employee’s
  758  membership in the pension plan terminates. The employee’s
  759  enrollment in the investment plan is effective the first day of
  760  the month for which a full month’s employer contribution is made
  761  to the investment program.
  762         b. Any such employee who fails to elect to participate in
  763  the investment plan within the prescribed time period is deemed
  764  to have elected to retain membership in the pension plan, and
  765  the employee’s option to elect to participate in the investment
  766  plan is forfeited.
  767         2. With respect to employees who become eligible to
  768  participate in the investment plan by reason of employment in a
  769  regularly established position with a district school board
  770  employer commencing after July 1, 2002:
  771         a. Any such employee shall, by default, be enrolled in the
  772  pension plan at the commencement of employment, and may, by the
  773  last business day of the 5th month following the employee’s
  774  month of hire, elect to participate in the investment plan. The
  775  employee’s election must be made in writing or by electronic
  776  means and must be filed with the third-party administrator. The
  777  election to participate in the investment plan is irrevocable,
  778  except as provided in paragraph (g).
  779         b. If the employee files such election within the
  780  prescribed time period, enrollment in the investment plan is
  781  effective on the first day of employment. The employer
  782  retirement contributions paid through the month of the employee
  783  plan change shall be transferred to the investment plan, and,
  784  effective the first day of the next month, the employer shall
  785  pay the applicable contributions based on the employee
  786  membership class in the investment plan.
  787         c. Any such employee who fails to elect to participate in
  788  the investment plan within the prescribed time period is deemed
  789  to have elected to retain membership in the pension plan, and
  790  the employee’s option to elect to participate in the investment
  791  plan is forfeited.
  792         3. For purposes of this paragraph, “district school board
  793  employer” means any district school board that participates in
  794  the Florida Retirement System for the benefit of certain
  795  employees, or a charter school or charter technical career
  796  center that participates in the Florida Retirement System as
  797  provided in s. 121.051(2)(d).
  798         (c)1. With respect to an eligible employee who is employed
  799  in a regularly established position on December 1, 2002, by a
  800  local employer:
  801         a. Any such employee may elect to participate in the
  802  investment plan in lieu of retaining his or her membership in
  803  the pension plan. The election must be made in writing or by
  804  electronic means and must be filed with the third-party
  805  administrator by February 28, 2003, or, in the case of an active
  806  employee who is on a leave of absence on October 1, 2002, by the
  807  last business day of the 5th month following the month the leave
  808  of absence concludes. This election is irrevocable, except as
  809  provided in paragraph (g). Upon making such election, the
  810  employee shall be enrolled as a participant of the investment
  811  plan, the employee’s membership in the Florida Retirement System
  812  is governed by the provisions of this part, and the employee’s
  813  membership in the pension plan terminates. The employee’s
  814  enrollment in the investment plan is effective the first day of
  815  the month for which a full month’s employer contribution is made
  816  to the investment plan.
  817         b. Any such employee who fails to elect to participate in
  818  the investment plan within the prescribed time period is deemed
  819  to have elected to retain membership in the pension plan, and
  820  the employee’s option to elect to participate in the investment
  821  plan is forfeited.
  822         2. With respect to employees who become eligible to
  823  participate in the investment plan by reason of employment in a
  824  regularly established position with a local employer commencing
  825  after October 1, 2002:
  826         a. Any such employee shall, by default, be enrolled in the
  827  pension plan at the commencement of employment, and may, by the
  828  last business day of the 5th month following the employee’s
  829  month of hire, elect to participate in the investment plan. The
  830  employee’s election must be made in writing or by electronic
  831  means and must be filed with the third-party administrator. The
  832  election to participate in the investment plan is irrevocable,
  833  except as provided in paragraph (g).
  834         b. If the employee files such election within the
  835  prescribed time period, enrollment in the investment plan is
  836  effective on the first day of employment. The employer
  837  retirement contributions paid through the month of the employee
  838  plan change shall be transferred to the investment plan, and,
  839  effective the first day of the next month, the employer shall
  840  pay the applicable contributions based on the employee
  841  membership class in the investment plan.
  842         c. Any such employee who fails to elect to participate in
  843  the investment plan within the prescribed time period is deemed
  844  to have elected to retain membership in the pension plan, and
  845  the employee’s option to elect to participate in the investment
  846  plan is forfeited.
  847         3. For purposes of this paragraph, “local employer” means
  848  any employer not included in paragraph (a) or paragraph (b).
  849         (c)(d) Contributions available for self-direction by a
  850  member who has not selected one or more specific investment
  851  products shall be allocated as prescribed by the state board.
  852  The third-party administrator shall notify the member at least
  853  quarterly that the member should take an affirmative action to
  854  make an asset allocation among the investment products.
  855         (d)(e) On or after July 1, 2011, a member of the pension
  856  plan who obtains a refund of employee contributions retains his
  857  or her prior plan choice upon return to employment in a
  858  regularly established position with a participating employer.
  859         (e)(f) A member of the investment plan who takes a
  860  distribution of any contributions from his or her investment
  861  plan account is considered a retiree. A member retiree who
  862  retires is initially reemployed in a regularly established
  863  position on or after July 1, 2010, is not eligible to be
  864  enrolled in renewed membership. A member who retired before July
  865  1, 2010, and is employed on or after January 1, 2015, in a
  866  regularly established position shall be a renewed member as
  867  provided in s. 121.122, except that a retiree who has returned
  868  to covered employment before July 1, 2010, may continue
  869  membership in the plan he or she chooses.
  870  
  871  ================= T I T L E  A M E N D M E N T ================
  872  And the title is amended as follows:
  873         Delete lines 16 - 45
  874  and insert:
  875         date; amending s. 121.053, F.S.; authorizing renewed
  876         membership in the retirement system for retirees who
  877         are reemployed in a position eligible for the Elected
  878         Officers’ Class under certain circumstances; amending
  879         s. 121.055, F.S.; authorizing renewed membership in
  880         the retirement system for retirees of the Senior
  881         Management Service Optional Annuity Program who are
  882         reemployed on or after a specified date; prohibiting
  883         an elected official eligible for membership in the
  884         Elected Officers’ Class from enrolling in the Senior
  885         Management Service Class or in the Senior Management
  886         Service Optional Annuity Program; closing the Senior
  887         Management Optional Annuity Program to new members
  888         after a specified date; amending s. 121.091, F.S.;
  889         providing that certain members are entitled to a
  890         monthly disability benefit; revising provisions to
  891         conform to changes made by the act; amending s.
  892         121.122, F.S.; requiring that certain retirees who are
  893         employed on or after a specified date be renewed
  894         members in the investment plan; providing exceptions;
  895         providing that creditable service does not accrue for
  896         a reemployed retiree during a specified period;
  897         prohibiting certain funds from being paid into a
  898         renewed member’s investment plan account for a
  899         specified period of employment; requiring the renewed
  900         member to satisfy vesting requirements; prohibiting a
  901         renewed member from receiving disability benefits;
  902         specifying requirements and limitations; requiring the
  903         employer and the retiree to make applicable
  904         contributions to the member’s investment plan account;
  905         providing for the administration of the employer and
  906         employee contributions; prohibiting the purchase of
  907         past service in the investment plan; authorizing a
  908         renewed member to receive additional credit toward the
  909         health insurance subsidy under certain circumstances;
  910         providing that a retiree employed on or after a
  911         specified date in a regularly established position
  912         eligible for the State University System Optional
  913         Retirement Program is a renewed member of that
  914         program; specifying requirements and limitations;
  915         requiring the employer and the retiree to make
  916         applicable contributions; prohibiting the purchase of
  917         past service in the program; providing that a retiree
  918         employed on or after a specified date in a regularly
  919         established position eligible for the State Community
  920         College System Optional Retirement Program is a
  921         renewed member of that program; specifying
  922         requirements and limitations; requiring the employer
  923         and the retiree to make applicable contributions;
  924         prohibiting the purchase of past service in the
  925         program; amending s. 121.35, F.S.; providing that
  926         certain participants in the optional retirement
  927         program for the State University System have a choice
  928         between the optional retirement program and the
  929         Florida Retirement System Investment Plan; conforming
  930         cross-references; amending s. 121.4501, F.S.;
  931         requiring certain employees initially enrolled in the
  932         Florida Retirement System on or after a specified date
  933         to be compulsory members of the investment plan;
  934         revising the definition of “eligible employee” and
  935         “member” or “employee”; revising a provision relating
  936         to acknowledgement of an employee’s election to
  937         participate in the investment plan; placing certain
  938         employees in the pension plan from his or her date of
  939         hire until they are automatically enrolled in the
  940         investment plan or timely elect enrollment in the
  941         pension plan; authorizing certain employees to elect
  942         to participate in the pension plan, rather than the
  943         default investment plan, within a specified time;
  944         specifying that a retiree who has returned to covered
  945         employment before a specified date may continue
  946         membership in his or her selected retirement plan;
  947         conforming a provision to changes made by the act;