House Bill 3131c2

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    Florida House of Representatives - 1998          CS/CS/HB 3131

        By the Committees on General Government Appropriations,
    Governmental Operations and Representatives Feeney, Fasano, D.
    Prewitt, Heyman, Boyd, Crow, Turnbull, Maygarden, Livingston,
    Ball, Ziebarth, Murman, Spratt, Lynn, K. Pruitt and
    Dawson-White


  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

  3         System; amending s. 121.091, F.S.; revising

  4         criteria, limitations, and restrictions for

  5         eligibility, participation, and benefits

  6         payable under the Deferred Retirement Option

  7         Program; providing conditions for payment of

  8         annual leave; amending s. 121.1122, F.S.,

  9         relating to provisions for purchase of

10         retirement credit for in-state-service in

11         accredited nonpublic schools and colleges;

12         providing an effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Paragraphs (a), (b), and (c) of subsection

17  (13) of section 121.091, Florida Statutes, are amended to

18  read:

19         121.091  Benefits payable under the system.--No

20  benefits shall be paid under this section unless the member

21  has terminated employment as provided in s. 121.021(39) and a

22  proper application has been filed in the manner prescribed by

23  the division.

24         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,

25  and subject to the provisions of this section, the Deferred

26  Retirement Option Program, hereinafter referred to as the

27  DROP, is a program under which an eligible member of the

28  Florida  Retirement System may elect to participate, deferring

29  receipt of retirement benefits while continuing employment

30  with his or her Florida Retirement System employer.  The

31  deferred monthly benefits shall accrue in the System Trust

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  1  Fund on behalf of the participant, plus interest compounded

  2  monthly, for the specified period of the DROP participation,

  3  as provided in paragraph (c).  Upon termination of employment,

  4  the participant shall receive the total DROP benefits and

  5  begin to receive the previously determined normal retirement

  6  benefits. Participation Employment in the DROP does not

  7  guarantee employment for the specified period of DROP.

  8         (a)  Eligibility of member to participate in the

  9  DROP.--Each active All Florida Retirement System member, who

10  is employed in a regularly established position, and each

11  active member of the State and County Officers' and Employees'

12  Retirement System established under chapter 122 and

13  consolidated with the Florida Retirement System under s.

14  121.011, is members are eligible to elect participation in the

15  DROP provided that:

16         1.  The member is not a renewed member of the Florida

17  Retirement System under s. 121.122, or a member of the State

18  Community College System Optional Retirement Program under s.

19  121.051, the Senior Management Service Optional Annuity

20  Program under s. 121.055, or the optional retirement program

21  for the State University System under s. 121.35.

22         2.1.  Election to participate is made within 12 months

23  immediately following the date on which the member first

24  reaches normal retirement date or age, or for a member who

25  reaches normal retirement date based on service before he or

26  she reaches age 62, or age 55 for Special Risk Class members,

27  election to participate may be deferred to the 12 months

28  immediately following the date the member attains 57, or age

29  50 for Special Risk Class members. For a member who first

30  reached normal retirement date or the deferred eligibility

31  date described above age prior to the effective date of this

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  1  section, election to participate shall be is made within 12

  2  months of the effective date of this section.  A member who

  3  fails to make an election within such 12-month limitation

  4  period shall forfeit all rights to participate in the DROP.

  5  The member shall advise his employer and the division in

  6  writing of the date on which the DROP shall begin. Such

  7  beginning date may be subsequent to the 12-month election

  8  period but must be within the 60-month limitation period as

  9  provided in subparagraph (b)1. When establishing eligibility

10  of the member to participate in the DROP or the 60-month

11  maximum participation period, the member may elect to include

12  or exclude any optional service credit purchased by the member

13  from the total service used to establish the normal retirement

14  date. A member with dual normal retirement dates shall be

15  eligible to elect to participate in DROP within 12 months

16  after attaining normal retirement date in either class.

17         3.2.  The retiring member's employer of a member

18  electing to participate in the DROP, or employers if dually

19  employed, shall acknowledge in writing to the division the

20  date the member's participation in the DROP begins and the

21  date the member's employment and DROP participation will

22  terminate.

23         4.3.  Simultaneous employment of a participant by

24  additional Florida Retirement System employers subsequent to

25  the commencement of participation in the DROP shall be

26  permissible provided such employers acknowledge in writing a

27  DROP termination date no later than the participant's existing

28  termination date or the 60-month limitation period as provided

29  in subparagraph (b)1.

30         5.  A DROP participant may change employers while

31  participating in the DROP, subject to the following:

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  1         a.  A change of employment must take place without a

  2  break in service so that the member receives salary for each

  3  month of continuous DROP participation.  If a member receives

  4  no salary during a month, DROP participation shall cease

  5  unless the employer verifies a continuation of the employment

  6  relationship for such participant pursuant to 121.021(39)(b).

  7         b.  Such participant and new employer shall notify the

  8  division on forms required by the division as to the identity

  9  of the new employer.

10         c.  The new employer shall acknowledge, in writing, the

11  participant's DROP termination date, which may be extended but

12  not beyond the original 60-month period provided in

13  subparagraph (b)1., shall acknowledge liability for any

14  additional retirement contributions and interest required if

15  the participant fails to timely terminate employment, and

16  shall be subject to the adjustment required in

17  sub-subparagraph (c)4.d.

18         (b)  Participation in the DROP.--

19         1.  An eligible member may elect to participate in the

20  DROP for a period not to exceed a maximum of 60 calendar

21  months immediately following the date on which the member

22  first reaches normal retirement age or date or the date to

23  which he or she is eligible to defer his or her election to

24  participate as provided in subparagraph (a)2, including a

25  member who first reaches normal retirement age or date prior

26  to the effective date of this section. Any member who has

27  exceeded the 60-month limitation shall not be eligible to

28  participate in the DROP. However, a member, other than a

29  Special Risk Class member, who has reached normal retirement

30  date prior to the effective date of the DROP shall be eligible

31  to participate in the DROP for a period of time not to exceed

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  1  60 calendar months immediately following the effective date of

  2  the DROP. A member of the Special Risk Class who has reached

  3  normal retirement date prior to the effective date of the DROP

  4  and whose total accrued value exceeds 75 percent of average

  5  final compensation as of his or her effective date of

  6  retirement shall be eligible to participate in the DROP for no

  7  more than 36 calendar months immediately following the

  8  effective date of the DROP.

  9         2.  Upon deciding to participate in the DROP, the

10  member shall submit, on forms required by the division:

11         a.  A written election to participate in the DROP;

12         b.  Selection of the DROP participation and termination

13  dates, which satisfy the limitations stated in paragraph (a)

14  and subparagraph 1. Such termination date shall be in a

15  binding letter of resignation with the employer, establishing

16  a deferred termination date. The member may change the

17  termination date within the limitations of subparagraph 1.,

18  but only with the written approval of his employer;

19         c.  A properly completed DROP application for service

20  retirement as provided in this section; and

21         d.  Any other information required by the division.

22         3.  The DROP participant shall be a retiree under the

23  Florida Retirement System for all purposes, except for

24  paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363,

25  121.053, and 121.122. However, participation in the DROP does

26  not alter the participant's employment status and such

27  employee shall not be deemed retired from employment until his

28  or her deferred resignation is effective and termination

29  occurs as provided in s. 121.021(39).

30         4.  A reemployed retiree with renewed membership is not

31  eligible for DROP participation.

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  1         4.5.  Elected officers shall be eligible to participate

  2  in the DROP subject to the following:

  3         a.  An elected officer who reaches normal retirement

  4  date during a term of office may defer the election to

  5  participate in the DROP until the next succeeding term in that

  6  office. Such elected officer who exercises this option may

  7  participate in the DROP for up to 60 calendar months or a

  8  period of no longer than such succeeding term of office,

  9  whichever is less.

10         b.a.  An elected or a nonelected participant may run

11  for a term of office while participating in DROP and, if

12  elected, extend the DROP termination date accordingly, except,

13  however, if such additional term of office exceeds the

14  60-month limitation established in subparagraph 1., and the

15  officer does not resign from office within such 60-month

16  limitation, the retirement and the participant's DROP shall be

17  null and void as provided in sub-subparagraph (c)4.d.

18         c.b.  An elected officer who is dually employed and

19  elects to participate in DROP shall be required to satisfy the

20  definition of termination within the 60-month limitation

21  period as provided in subparagraph 1. for the nonelected

22  position and may continue employment as an elected officer as

23  provided in s. 121.053. The elected officer will be enrolled

24  as a renewed member in the Elected State and County Officers'

25  Class or the Regular Class, as provided in ss. 121.053 and

26  121.22, on the first day of the month after termination of

27  employment in the nonelected position and termination of DROP.

28  Distribution of the DROP benefits shall be made as provided in

29  paragraph (c).

30         (c)  Benefits payable under the DROP.--

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  1         1.  Effective with the date of DROP participation, the

  2  member's initial normal monthly benefit, including creditable

  3  service, optional form of payment, and average final

  4  compensation, and the effective date of retirement shall be

  5  fixed. The beneficiary established under the Florida

  6  Retirement System shall be the beneficiary eligible to receive

  7  any DROP benefits payable if the DROP participant dies prior

  8  to the completion of the period of DROP participation.  In the

  9  event a joint annuitant predeceases the member, the member may

10  name a beneficiary to receive accumulated DROP benefits

11  payable. Such retirement benefit, the annual cost of living

12  adjustments provided in s. 121.101, and interest shall accrue

13  monthly in the System Trust Fund.  Such interest shall accrue

14  at an effective annual rate of 6.5 percent compounded monthly,

15  on the prior month's accumulated ending balance, up to the

16  month of termination or death.

17         2.  Each employee who elects to participate in the DROP

18  shall be allowed to elect to receive a lump-sum payment for

19  accrued annual leave earned in accordance with agency policy

20  upon beginning participation in the DROP.  Such accumulated

21  leave payment certified to the division upon commencement of

22  DROP shall be included in the calculation of the member's

23  average final compensation.  The employee electing such

24  lump-sum payment upon beginning participation in DROP will not

25  be eligible to receive a second lump-sum payment upon

26  termination, except to the extent the employee has earned

27  additional annual leave which combined with the original

28  payment does not exceed the maximum lump-sum payment allowed

29  by the employing agency's policy or rules.  Such early

30  lump-sum payment shall be based on the hourly wage of the

31  employee at the time he or she begins participation in the

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  1  DROP.  If the member elects to wait and receive such lump-sum

  2  payment upon termination of DROP and termination of employment

  3  with the employer, any accumulated leave payment made at that

  4  time cannot be included in the member's retirement benefit,

  5  which was determined and fixed by law when the employee

  6  elected to participate in the DROP.

  7         3.2.  The effective date of DROP participation and the

  8  effective date of retirement of a DROP participant shall be

  9  the first day of the month selected by the member to begin

10  participation in the DROP, provided such date is properly

11  established, with the written confirmation of the employer,

12  and the approval of the division, on forms required by the

13  division.

14         4.3.  Normal retirement benefits and interest thereon

15  shall continue to accrue in the DROP until the established

16  termination date of the DROP, or until the participant

17  terminates employment or dies prior to such date. Although

18  individual DROP accounts shall not be established, a separate

19  accounting of each participant's accrued benefits under the

20  DROP shall be calculated and provided to participants

21  annually.

22         5.4.  At the conclusion of the participant's DROP, the

23  division shall distribute the participant's total accumulated

24  DROP benefits, subject to the following provisions:

25         a.  The division shall receive verification by the

26  participant's employer or employers that such participant has

27  terminated employment as provided in s. 121.021(39)(b).

28         b.  The terminated DROP participant or, if deceased,

29  such participant's named beneficiary, shall elect on forms

30  provided by the division to receive payment of the DROP

31  benefits in accordance with one of the options listed below.

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  1  For a participant or beneficiary who fails to elect a method

  2  of payment within 60 days of termination of the DROP, the

  3  division will pay a lump sum as provided in

  4  sub-sub-subparagraph(I).

  5         (I)  Lump sum.--All accrued DROP benefits, plus

  6  interest, less withholding taxes remitted to the Internal

  7  Revenue Service, shall be paid to the DROP participant or

  8  surviving beneficiary.

  9         (II)  Direct rollover.--All accrued DROP benefits, plus

10  interest, shall be paid from the DROP directly to the

11  custodian of an eligible retirement plan as defined in s.

12  402(c)(8)(B) of the Internal Revenue Code. However, in the

13  case of an eligible rollover distribution to the surviving

14  spouse of a deceased participant, an eligible retirement plan

15  is an individual retirement account or an individual

16  retirement annuity as described in s. 402(c)(9) of the

17  Internal Revenue Code.

18         (III)  Partial lump sum.--A portion of the accrued DROP

19  benefits shall be paid to the DROP participant or surviving

20  spouse, less withholding taxes remitted to the Internal

21  Revenue Service, and the remaining DROP benefits shall be

22  transferred directly to the custodian of an eligible

23  retirement plan as defined in s. 402(c)(8)(B) of the Internal

24  Revenue Code. However, in the case of an eligible rollover

25  distribution to the surviving spouse of a deceased

26  participant, an eligible retirement plan is an individual

27  retirement account or an individual retirement annuity as

28  described in s. 402(c)(9) of the Internal Revenue Code. The

29  proportions shall be specified by the DROP participant or

30  surviving beneficiary.

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  1         c.  The form of payment selected by the DROP

  2  participant or surviving beneficiary complies with the minimum

  3  distribution requirements of the Internal Revenue Code and

  4  payments begin no later than the date on which the participant

  5  reaches age 70 years and 6 months.

  6         d.  For A DROP participant who fails to terminate

  7  employment as defined in s. 121.021(39)(b), the member shall

  8  be deemed not to be retired and the DROP election shall be

  9  null and void.  Florida Retirement System membership shall be

10  reestablished retroactively to the date of the commencement of

11  the DROP, and each the employer with whom the participant

12  continues employment shall be required to pay to the System

13  Trust Fund the difference between the DROP contributions paid

14  in paragraph (i) and the contributions required for the

15  applicable Florida Retirement System class of membership

16  during the period the member participated in the DROP, plus

17  6.5 percent interest compounded annually.

18         6.5.  The accrued benefits of any DROP participant, and

19  any contributions accumulated under such program, shall not be

20  subject to assignment, execution, attachment, or to any legal

21  process whatsoever, except for qualified domestic relations

22  orders by a court of competent jurisdiction, income deduction

23  orders as provided in s. 61.1301, and federal income tax

24  levies.

25         7.6.  DROP participants shall not be eligible for

26  disability retirement benefits as provided in subsection (4).

27         Section 2.  Section 121.1122, Florida Statutes, is

28  amended to read:

29         121.1122  Purchase of retirement credit for in-state

30  public service and in-state service in accredited nonpublic,

31  nonsectarian schools and colleges, including charter

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  1  schools.--Effective January 1, 1998, a member of the Florida

  2  Retirement System may purchase creditable service for periods

  3  of certain public or nonpublic, nonsectarian employment

  4  performed in this state, as provided in this section.

  5         (1)  PURCHASE OF RETIREMENT CREDIT AUTHORIZED.--Subject

  6  to the provisions of subsections (2) and (3), a member of the

  7  Florida Retirement System may purchase up to 5 years of

  8  retirement credit for:

  9         (a)  Periods of public employment in this state; or

10         (b)  Periods of employment in charter schools or in any

11  nonpublic, nonsectarian school or college in this state that

12  is accredited by the Southern Association of Colleges and

13  Schools.

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15  Credit for 1 year of such service may be purchased for each

16  year of creditable service a member completes under the

17  Florida Retirement System.

18         (2)  LIMITATIONS AND CONDITIONS.--

19         (a)  A member is not eligible to receive credit for

20  in-state service under this section until he or she has

21  completed 10 years of creditable service under the Florida

22  Retirement System, excluding service purchased under this

23  section and out-of-state service claimed and purchased under

24  s. 121.1115.

25         (b)  A member may not purchase and receive credit for

26  more than 5 years of creditable service aggregated under the

27  provisions of this section and s. 121.1115.

28         (c)  Service credit claimed under this section shall be

29  credited only as service in the Regular Class of membership

30  and shall be subject to the provisions of s. 112.65.

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  1         (d)  A member shall be eligible to receive service

  2  credit for in-state service performed after leaving the

  3  Florida Retirement System only upon returning to membership

  4  and completing at least 1 year of creditable service in the

  5  Florida Retirement System following the in-state service.

  6         (e)  The service claimed must have been service covered

  7  by a retirement or pension plan provided by the employer.

  8         (3)  COST.--The cost to purchase retirement credit

  9  under this section shall be calculated in the same manner as

10  set forth in s. 121.1115(2) for purchase of credit for

11  out-of-state service.

12         Section 3.  This act shall take effect July 1 of the

13  year in which enacted.

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