CODING: Words stricken are deletions; words underlined are additions.
                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
                            CHAMBER ACTION
              Senate                               House
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10                                                                
11  Senator Webster moved the following amendment:
12
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15
16  and insert:
17         Section 1.  Subsections (4) and (5) of section 112.63,
18  Florida Statutes, are amended to read:
19         112.63  Actuarial reports and statements of actuarial
20  impact; review.--
21         (4)  Upon receipt, pursuant to subsection (2), of an
22  actuarial report, or upon receipt, pursuant to subsection (3),
23  of a statement of actuarial impact, the division shall
24  acknowledge such receipt, but shall only review and comment on
25  each retirement system's or plan's the actuarial valuations at
26  least on a triennial basis and statements.  If the division
27  finds that the actuarial valuation is not complete, accurate,
28  or based on reasonable assumptions, or if the division does
29  not receive the actuarial report or statement of actuarial
30  impact, the division shall notify the local government and
31  request appropriate adjustment. If, after a reasonable period
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  of time, a satisfactory adjustment is not made, the affected
 2  local government or the division may petition for a hearing
 3  under the provisions of ss. 120.569 and 120.57. If the
 4  administrative law judge recommends in favor of the division,
 5  the division shall perform an actuarial review or prepare the
 6  statement of actuarial impact. The cost to the division of
 7  performing such actuarial review or preparing such statement
 8  shall be charged to the governmental entity of which the
 9  employees are covered by the retirement system or plan.  If
10  payment of such costs is not received by the division within
11  60 days after receipt by the governmental entity of the
12  request for payment, the division shall certify to the
13  Comptroller the amount due, and the Comptroller shall pay such
14  amount to the division from any funds payable to the
15  governmental entity of which the employees are covered by the
16  retirement system or plan.  If the administrative law judge
17  recommends in favor of the local retirement system and the
18  division performs an actuarial review, the cost to the
19  division of performing the actuarial review shall be paid by
20  the division.
21         (5)  Payments made to the fund as required by this
22  chapter shall be based on the normal and past service costs
23  contained in the state-accepted version of the most recent
24  actuarial valuation, subject to being state-accepted.
25         Section 2.  Subsection (2) of section 112.65, Florida
26  Statutes, is amended to read:
27         112.65  Limitation of benefits.--
28         (2)  No member of a retirement system or plan covered
29  by this part who is not now a member of such plan shall be
30  allowed to receive a retirement benefit or pension which is in
31  part or in whole based upon any service with respect to which
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  the member is already receiving, or will receive in the
 2  future, a retirement benefit or pension from a different
 3  employer's another retirement system or plan.  This
 4  restriction does not apply to social security benefits or
 5  federal benefits under chapter 67, Title 10, U.S. Code.
 6         Section 3.  Paragraph (b) of subsection (2) of section
 7  and paragraph (e) of subsection (3) of section 121.011,
 8  Florida Statutes, 1998 Supplement, are amended to read:
 9         121.011  Florida Retirement System.--
10         (2)  CONSOLIDATION OF EXISTING SYSTEMS AND LAWS.--
11         (b)  The chapters or retirement system laws named in
12  paragraph (a) are hereby consolidated as separate instruments
13  appended to the "Florida Retirement System Act" established by
14  this chapter, and the administration of said chapters or
15  retirement systems shall be consolidated with the
16  administration of the Florida Retirement System established by
17  this chapter, and the Florida Retirement System shall assume
18  all liabilities related to the payment of benefits to members
19  and their beneficiaries under the respective retirement
20  systems of the members and their beneficiaries.
21         (3)  PRESERVATION OF RIGHTS.--
22         (e)  Any member of the Florida Retirement System or any
23  member of an existing system under this chapter on July 1,
24  1975, who is not retired and who is, has been, or shall be,
25  suspended and reinstated without compensation shall receive
26  retirement service credit for the period of time from the date
27  of suspension to the date of reinstatement, provided:
28         1.  The creditable service claimed for the period of
29  suspension does not exceed 24 months;
30         2.  The member returns to active employment and remains
31  on the employer's payroll for at least 1 calendar month 30
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  calendar days; and
 2         3.  The member pays into the Retirement System Trust
 3  Fund the total required employer contributions plus the total
 4  employee contributions, if applicable, based on the member's
 5  monthly compensation in effect for the pay period immediately
 6  preceding the period of suspension, prorated for the said
 7  period of suspension, plus interest thereon at a rate of 4
 8  percent per annum compounded annually until July 1, 1975, and
 9  6.5 percent interest thereafter until paid.  If permitted by
10  federal law, the member may pay into the Social Security Trust
11  Fund the total cost, if any, of providing social security
12  coverage for the period of suspension if any social security
13  payments have been made by the employer for the benefit of the
14  member during such period. Should there be any conflict as to
15  payment for social security coverage, the payment for
16  retirement service credit shall be made and retirement service
17  credit granted regardless of such conflict.
18         Section 4.  Paragraph (a) of subsection (17) of section
19  121.021, Florida Statutes, 1998 Supplement, is amended to
20  read:
21         121.021  Definitions.--The following words and phrases
22  as used in this chapter have the respective meanings set forth
23  unless a different meaning is plainly required by the context:
24         (17)(a)  "Creditable service" of any member means the
25  sum of his or her past service, prior service, military
26  service, out-of-state or non-FRS in-state service, workers'
27  compensation credit, leave-of-absence credit and future
28  service allowed within the provisions of this chapter if all
29  required contributions have been paid and all other
30  requirements of this chapter have been met. However, in no
31  case shall a member receive credit for more than a year's
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  service during any 12-month period. Service by as applied to a
 2  teacher, or a nonacademic employee of a school board, or an
 3  employee of a participating employer other than a school board
 4  whose total employment is to provide services to a school
 5  board for the school year only shall be based on contract
 6  years of employment or school term years of employment, as
 7  provided in chapters 122 and 238, rather than 12-month periods
 8  of employment.
 9         Section 5.  Subsections (1) and (3) of section 121.031,
10  Florida Statutes, are amended  to read:
11         121.031  Administration of system; appropriation;
12  oaths; actuarial studies; public records.--
13         (1)  The Division of Retirement has the authority to
14  adopt shall make such rules pursuant to ss. 120.54 and
15  120.536(1) to implement the provisions of law conferring
16  duties upon the division and to adopt rules as are necessary
17  for the effective and efficient administration of this system.
18  The funds to pay the expenses for such administration of the
19  system are hereby appropriated from the interest earned on
20  investments made for the retirement and social security trust
21  funds and the assessments allowed under chapter 650.
22         (3)  The administrator shall cause an actuarial study
23  of the system to be made at least once every 2 years and shall
24  report the results of such study to the Legislature by
25  February 1 prior to the next legislative session.  Such study
26  shall, at a minimum, conform to the requirements of s. 112.63,
27  with the following exceptions and additions:
28         (a)  The study shall, at a minimum, conform to the
29  requirements of s. 112.63, with the following exceptions and
30  additions:
31         1.(a)  The valuation of plan assets shall be based on a
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  5-year averaging methodology such as that specified in the
 2  United States Department of Treasury Regulations, 26 C.F.R. s.
 3  1.412(c)(2)-1, or a similar accepted approach designed to
 4  attenuate fluctuations in asset values.
 5         2.(b)  The study shall include a narrative explaining
 6  the changes in the covered group over the period between
 7  actuarial valuations and the impact of those changes on
 8  actuarial results.
 9         3.(c)  When substantial changes in actuarial
10  assumptions have been made, the study shall reflect the
11  results of an actuarial assumption as of the current date
12  based on the assumptions utilized in the prior actuarial
13  report.
14         4.(d)  The study shall include an analysis of the
15  changes in actuarial valuation results by the factors
16  generating those changes.  Such analysis shall reconcile the
17  current actuarial valuation results with those results from
18  the prior valuation.
19         5.(e)  The study shall include measures of funding
20  status and funding progress designed to facilitate the
21  assessment of trends over several actuarial valuations with
22  respect to the overall solvency of the system. Such measures
23  shall be adopted by the division and shall be used
24  consistently in all actuarial valuations performed on the
25  system.
26         (b)  The Florida Retirement System Actuarial Assumption
27  Conference which is hereby created shall by consensus develop
28  official information with respect to the economic and
29  noneconomic assumptions and funding methods of the Florida
30  Retirement System necessary to perform the study. Such
31  information shall include: an analysis of the actuarial
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  assumptions and actuarial methods and a determination of
 2  whether changes to the assumptions or methods need to be made
 3  due to experience changes or revised future forecasts. The
 4  members of the conference shall include the Executive Office
 5  of the Governor, the coordinator of the Office of Economic and
 6  Demographic Research, and professional staff of the Senate and
 7  House of Representatives who have forecasting expertise, or
 8  their designees.  The Executive Office of the Governor shall
 9  have the responsibility of presiding over the sessions of the
10  conference.  The State Board of Administration and the
11  Division of Retirement shall be participants, as defined in s.
12  216.134, in the conference.
13         Section 6.  Subsection (6) of section 121.051, Florida
14  Statutes, 1998 Supplement, as amended by chapter 96-423, Laws
15  of Florida, is reenacted to read:
16         121.051  Participation in the system.--
17         (6)  SEASONAL STATE EMPLOYMENT; BLIND VENDING FACILITY
18  OPERATORS.--
19         (a)  Seasonal state employment shall be included under
20  this chapter, and the time limit and procedure for claiming
21  same as set forth in s. 122.07 shall continue under this
22  chapter for those members transferring to this system and for
23  all new members.
24         (b)1.  All blind or partially sighted persons employed
25  or licensed by the Division of Blind Services as vending
26  facility operators on or after December 1, 1970, and prior to
27  July 1, 1996, are hereby declared to be state employees within
28  the meaning of this chapter, and all vending facility
29  operators licensed and employed during that period shall be
30  compulsory members of the Florida Retirement System in
31  compliance with this chapter for as long as the member is a
                                  7
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  vending facility operator, except as provided in subparagraph
 2  3.
 3         2.  Blindness shall not be deemed a retirement
 4  disability within the provisions of this chapter for such
 5  members as are contemplated by this paragraph.
 6         3.  Any vending facility operator as described in
 7  subparagraph 1. may elect, on or before July 31, 1996, to
 8  withdraw from the Florida Retirement System as provided in s.
 9  413.051(11).  The election to withdraw shall take effect as of
10  July 1, 1996, and the decision to withdraw is irrevocable.  A
11  vending facility operator who withdraws from the Florida
12  Retirement System as provided in this subparagraph shall
13  retain all creditable service earned in the Florida Retirement
14  System through the month that retirement contributions ceased
15  to be reported, and no creditable service shall be earned as a
16  vending facility operator after such month.  However, any such
17  person may participate in the Florida Retirement System in the
18  future if employed by a participating employer in a covered
19  position.
20         4.  All blind or partially sighted persons employed or
21  licensed by the Division of Blind Services as vending facility
22  operators on or after July 1, 1996, shall be independent
23  contractors within the meaning of this chapter and shall not
24  be eligible for membership in the Florida Retirement System.
25         Section 7.  Paragraph (a) of subsection (7) of section
26  121.052, Florida Statutes, 1998 Supplement, as amended by
27  chapters 96-423 and 98-413, Laws of Florida, is reenacted and
28  amended to read:
29         121.052  Membership class of elected officers.--
30         (7)  CONTRIBUTIONS.--
31         (a)  The following table states the required retirement
                                  8
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  contribution rates for members of the Elected Officers' Class
 2  and their employers in terms of a percentage of the member's
 3  gross compensation. A change in a contribution rate is
 4  effective with the first salary paid on or after the beginning
 5  date of the change. Contributions shall be made or deducted as
 6  may be appropriate for each pay period and are in addition to
 7  the contributions required for social security and the Retiree
 8  Health Insurance Subsidy Trust Fund.
 9
10  Dates of Contribution
11    Rate Changes                             Members   Employers
12
13  July 1, 1972, through September 30, 1977
14    Legislators                                 8%           8%
15    All Other Members                           8%           8%
16
17  October 1, 1977, through September 30, 1978
18    Legislators                                 8%           8%
19    All Other Members                           4%          12%
20
21  October 1, 1978, through September 30, 1979
22    Legislators                                 8%       10.57%
23    All Other Members                           4%       16.78%
24
25  October 1, 1979, through September 30, 1981
26    Legislators                                 8%       10.57%
27    Governor, Lt. Governor, Cabinet
28      Officers                                  4%       16.78%
29    All Other Members                           0%       20.78%
30
31  July 1, 1981, through June 30, 1984
                                  9
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1    County Elected Officers                     0%       19.30%
 2
 3  July 1, 1984, through September 30, 1984
 4    County Elected Officers                     0%       20.25%
 5
 6  October 1, 1981, through September 30, 1984
 7    Legislators                                 0%       19.30%
 8    Governor, Lt. Governor, Cabinet
 9      Officers                                  0%       21.03%
10    State Attorneys, Public Defenders           0%       20.95%
11    Justices, Judges                            0%       22.55%
12
13  October 1, 1984, through September 30, 1986
14    Legislators                                 0%       10.98%
15    Governor, Lt. Governor, Cabinet
16      Officers                                  0%       10.98%
17    State Attorneys, Public Defenders           0%       10.98%
18    Justices, Judges                            0%       21.79%
19    County Elected Officers                     0%       16.97%
20
21  October 1, 1986, through December 31, 1988
22    Legislators                                 0%       11.50%
23    Governor, Lt. Governor, Cabinet
24      Officers                                  0%       11.50%
25    State Attorneys, Public Defenders           0%       11.50%
26    Justices, Judges                            0%       20.94%
27    County Elected Officers                     0%       17.19%
28
29  January 1, 1989, through December 31, 1989
30    Legislators                                 0%       13.70%
31    Governor, Lt. Governor, Cabinet
                                  10
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1      Officers                                  0%       13.70%
 2    State Attorneys, Public Defenders           0%       13.70%
 3    Justices, Judges                            0%       22.58%
 4    County Elected Officers                     0%       18.44%
 5
 6  January 1, 1990, through December 31, 1990
 7    Legislators                                 0%       15.91%
 8    Governor, Lt. Governor, Cabinet
 9      Officers                                  0%       15.91%
10    State Attorneys, Public Defenders           0%       15.91%
11    Justices, Judges                            0%       24.22%
12    County Elected Officers                     0%       19.71%
13
14  January 1, 1991, through December 31, 1991
15    Legislators                                 0%       17.73%
16    Governor, Lt. Governor, Cabinet
17      Officers                                  0%       17.73%
18    State Attorneys, Public Defenders           0%       17.73%
19    Justices, Judges                            0%       26.63%
20    County Elected Officers                     0%       23.32%
21
22  January 1, 1992, through December 31, 1992
23    Legislators                                 0%       19.94%
24    Governor, Lt. Governor, Cabinet
25      Officers                                  0%       19.94%
26    State Attorneys, Public Defenders           0%       19.94%
27    Justices, Judges                            0%       28.27%
28    County Elected Officers                     0%       24.59%
29
30  January 1, 1993, through December 31, 1993
31    Legislators                                 0%       22.14%
                                  11
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1    Governor, Lt. Governor, Cabinet
 2      Officers                                  0%       22.14%
 3    State Attorneys, Public Defenders           0%       22.14%
 4    Justices, Judges                            0%       29.91%
 5    County Elected Officers                     0%       25.84%
 6
 7  January 1, 1994, through December 31, 1994
 8    Legislators                                 0%       22.65%
 9    Governor, Lt. Governor, Cabinet
10      Officers                                  0%       22.65%
11    State Attorneys, Public Defenders           0%       22.65%
12    Justices, Judges                            0%       30.52%
13    County Elected Officers                     0%       26.07%
14
15  January 1, 1995, through December 31, 1995
16    Legislators                                 0%       22.80%
17    Governor, Lt. Governor, Cabinet
18      Officers                                  0%       22.80%
19    State Attorneys, Public Defenders           0%       22.80%
20    Justices, Judges                            0%       30.21%
21    County Elected Officers                     0%       27.48%
22
23  January 1, 1996, through June 30, 1996
24    Legislators                                 0%       22.90%
25    Governor, Lt. Governor, Cabinet
26      Officers                                  0%       22.90%
27    State Attorneys, Public Defenders           0%       22.90%
28    Justices, Judges                            0%       30.15%
29    County Elected Officers                     0%       27.54%
30
31  July 1, 1996, through June 30, 1998
                                  12
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1    Legislators                                 0%       23.07%
 2    Governor, Lt. Governor, Cabinet
 3      Officers                                  0%       23.07%
 4    State Attorneys, Public Defenders           0%       23.07%
 5    Justices, Judges                            0%       29.55%
 6    County Elected Officers                     0%       27.33%
 7
 8  Effective July 1, 1998, through
 9    June 30, 1999
10    Legislators                                 0%       22.33%
11    Governor, Lt. Governor, Cabinet
12      Officers                                  0%       22.33%
13    State Attorneys, Public Defenders           0%       22.33%
14    Justices, Judges                            0%       27.21%
15    County Elected Officers                     0%       26.99%
16
17  Effective July 1, 1999
18    Legislators                                 0%       14.31%
19    Governor, Lt. Governor, Cabinet
20    Officers                                    0%       14.31%
21    State Attorneys, Public
22      Defenders                                 0%       14.31%
23    Justices, Judges                            0%       20.48%
24    County Elected
25      Officers                                  0%       17.05%
26
27         Section 8.  Paragraph (a) of subsection (3) of section
28  121.055, Florida Statutes, 1998 Supplement, as amended by
29  chapters 96-423 and 98-413, Laws of Florida, is reenacted and
30  amended, and paragraph (e) of subsection (6) of said section
31  is amended, to read:
                                  13
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1         121.055  Senior Management Service Class.--There is
 2  hereby established a separate class of membership within the
 3  Florida Retirement System to be known as the "Senior
 4  Management Service Class," which shall become effective
 5  February 1, 1987.
 6         (3)(a)  The following table states the required
 7  retirement contribution rates for members of the Senior
 8  Management Service Class and their employers in terms of a
 9  percentage of the member's gross compensation.  A change in
10  the contribution rate is effective with the first salary paid
11  on or after the beginning date of the change.  Contributions
12  shall be made for each pay period and are in addition to the
13  contributions required for social security and the Retiree
14  Health Insurance Subsidy Trust Fund.
15
16  Dates of Contribution
17    Rate Changes                          Members   Employers
18
19  February 1, 1987, through
20    December 31, 1988                       0%       13.88%
21  January 1, 1989, through
22    December 31, 1989                       0%       14.95%
23  January 1, 1990, through
24    December 31, 1990                       0%       16.04%
25  January 1, 1991, through
26    December 31, 1991                       0%       18.39%
27  January 1, 1992, through
28    December 31, 1992                       0%       19.48%
29  January 1, 1993, through
30    December 31, 1993                       0%       20.55%
31  January 1, 1994, through
                                  14
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1    December 31, 1994                       0%       23.07%
 2  January 1, 1995, through
 3    December 31, 1995                       0%       23.88%
 4  January 1, 1996, through
 5    June 30, 1996                           0%       24.14%
 6  July 1, 1996, through
 7    June 30, 1998                           0%       21.58%
 8  Effective July 1, 1998, through
 9    June 30, 1999                           0%       23.10%
10  Effective July 1, 1999                    0%       11.19%
11
12         (6)
13         (e)  Benefits.--
14         1.  Benefits shall be payable under the Senior
15  Management Service Optional Annuity Program only to
16  participants in the program, or their beneficiaries as
17  designated by the participant in the contract with a provider
18  company, and such benefits shall be paid by the designated
19  company in accordance with the terms of the annuity contract
20  or contracts applicable to the participant. A participant must
21  be terminated from all employment with all Florida Retirement
22  System employers as provided in s. 121.021(39) to begin
23  receiving the employer-funded benefit. Benefits funded by
24  employer contributions shall be payable only as a lifetime
25  annuity to the participant, his beneficiary, or his estate,
26  except for:
27         a.  A lump-sum payment to the beneficiary upon the
28  death of the participant; or
29         b.  A cash-out of a de minimis account upon the request
30  of a former participant who has been terminated for a minimum
31  of 6 months from the employment that entitled him to optional
                                  15
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  annuity retirement program participation. A de minimis account
 2  is an account with a provider company containing employer
 3  contributions and accumulated earnings of not more than $5,000
 4  $3,500 made under the provisions of this chapter. Such
 5  cash-out must be a complete liquidation of the account balance
 6  with that company and is subject to the provisions of the
 7  Internal Revenue Code.
 8         2.  The benefits payable to any person under the Senior
 9  Management Service Optional Annuity Program, and any
10  contribution accumulated under such program, shall not be
11  subject to assignment, execution, or attachment or to any
12  legal process whatsoever.
13         3.  A participant who receives optional annuity program
14  benefits funded by employer contributions shall be deemed to
15  be retired from a state-administered retirement system in the
16  event of subsequent employment with any employer that
17  participates in the Florida Retirement System.
18         Section 9.  Subsection (1) of section 121.071, Florida
19  Statutes, 1998 Supplement, as amended by chapters 96-423 and
20  98-413, Laws of Florida, is reenacted and amended to read:
21         121.071  Contributions.--Contributions to the system
22  shall be made as follows:
23         (1)  The following tables state the required retirement
24  contribution rates for members of the Regular Class, Special
25  Risk Class, or Special Risk Administrative Support Class and
26  their employers in terms of a percentage of the member's gross
27  compensation.  A change in a contribution rate is effective
28  with the first salary paid on or after the beginning date of
29  the change. Contributions shall be made or deducted as may be
30  appropriate for each pay period and are in addition to the
31  contributions required for social security and the Retiree
                                  16
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  Health Insurance Subsidy Trust Fund.
 2         (a)  Retirement contributions for regular members are
 3  as follows:
 4
 5  Dates of Contribution
 6    Rate Changes                             Members   Employers
 7
 8  December 1, 1970, through December
 9    31, 1974, for state agencies, state
10    universities, community colleges,
11    and district school boards                  4%           4%
12
13  December 1, 1970, through September
14    30, 1975, for all other local
15    government agencies                         4%           4%
16
17  January 1, 1975, through September
18    30, 1978, for state agencies and
19    state universities                          0%           9%
20
21  January 1, 1975, through July 31,
22    1978, for community colleges and
23    district school boards                      0%           9%
24
25  October 1, 1975, through September
26    30, 1978, for all other local
27    government agencies                         0%           9%
28
29  August 1, 1978, through September 30,
30    1981, for community colleges and
31    district school boards                      0%         9.1%
                                  17
    6:22 PM   04/26/99                           h1883c-12c8h.seg1
                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1
 2  October 1, 1978, through September
 3    30, 1981, for all other agencies            0%         9.1%
 4
 5  October 1, 1981, through
 6    September 30, 1984                          0%       10.93%
 7  October 1, 1984, through
 8    September 30, 1986                          0%       12.24%
 9  October 1, 1986, through
10    December 31, 1988                           0%       13.14%
11  January 1, 1989, through
12    December 31, 1989                           0%       13.90%
13  January 1, 1990, through
14    December 31, 1990                           0%       14.66%
15  January 1, 1991, through
16    December 31, 1991                           0%       15.72%
17  January 1, 1992, through
18    December 31, 1992                           0%       16.51%
19  January 1, 1993, through
20    December 31, 1993                           0%       17.27%
21  January 1, 1994, through
22    December 31, 1994                           0%       17.10%
23  January 1, 1995, through
24    December 31, 1995                           0%       16.91%
25  January 1, 1996, through
26    June 30, 1996                               0%       17.00%
27  July 1, 1996, through
28    June 30, 1998                               0%       16.77%
29  Effective July 1, 1998, through
30    June 30, 1999                               0%       15.51%
31  Effective July 1, 1999                        0%        9.21%
                                  18
    6:22 PM   04/26/99                           h1883c-12c8h.seg1
                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1
 2         (b)  Retirement contributions for special risk members
 3  are as follows:
 4
 5  Dates of Contribution
 6    Rate Changes                             Members   Employers
 7
 8  December 1, 1970, through
 9    September 30, 1974                          6%           6%
10
11  October 1, 1974, through December 31,
12    1974, for state agencies, state
13    universities, community colleges,
14    and district school boards                  8%           8%
15
16  October 1, 1974, through September
17    30, 1975, for all other local
18    government agencies                         8%           8%
19
20  January 1, 1975, through September
21    30, 1978, for state agencies, state
22    universities, community colleges,
23    and district school boards                  0%          13%
24
25  October 1, 1975, through September
26    30, 1978, for other local
27    government agencies                         0%          13%
28
29  October 1, 1978, through
30    September 30, 1981                          0%       13.95%
31  October 1, 1981, through
                                  19
    6:22 PM   04/26/99                           h1883c-12c8h.seg1
                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1    September 30, 1984                          0%       13.91%
 2  October 1, 1984, through
 3    September 30, 1986                          0%       14.67%
 4  October 1, 1986, through
 5    December 31, 1988                           0%       15.11%
 6  January 1, 1989, through
 7    December 31, 1989                           0%       17.50%
 8  January 1, 1990, through
 9    December 31, 1990                           0%       19.90%
10  January 1, 1991, through
11    December 31, 1991                           0%       25.52%
12  January 1, 1992, through
13    December 31, 1992                           0%       26.35%
14  January 1, 1993, through
15    December 31, 1993                           0%       27.14%
16  January 1, 1994, through
17    December 31, 1994                           0%       27.03%
18  January 1, 1995, through
19    December 31, 1995                           0%       26.83%
20  January 1, 1996, through
21    June 30, 1996                               0%       26.84%
22  July 1, 1996, through
23    June 30, 1998                               0%       26.44%
24  Effective July 1, 1998, through
25    June 30, 1999                               0%       24.38%
26  Effective July 1, 1999                        0%       20.22%
27
28         (c)  Retirement contributions for special risk
29  administrative support members are as follows:
30
31
                                  20
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  Dates of Contribution
 2    Rate Changes                             Members   Employers
 3
 4  July 1, 1982, through
 5    September 30, 1984                          0%       11.14%
 6  October 1, 1984, through
 7    September 30, 1986                          0%       13.09%
 8  October 1, 1986, through
 9    December 31, 1988                           0%       15.44%
10  January 1, 1989, through
11    December 31, 1989                           0%       14.76%
12  January 1, 1990, through
13    December 31, 1990                           0%       14.09%
14  January 1, 1991, through
15    December 31, 1991                           0%       20.16%
16  January 1, 1992, through
17    December 31, 1992                           0%       19.51%
18  January 1, 1993, through
19    December 31, 1993                           0%       18.83%
20  January 1, 1994, through
21    December 31, 1994                           0%       18.59%
22  January 1, 1995, through
23    December 31, 1995                           0%       17.81%
24  January 1, 1996, through
25    June 30, 1996                               0%       17.80%
26  July 1, 1996, through
27    June 30, 1998                               0%       17.20%
28    Effective July 1, 1998, through
29    June 30, 1999                               0%       14.64%
30  Effective July 1, 1999                        0%        11.53
31
                                  21
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1         Section 10.  Paragraph (i) of subsection (1) and
 2  subsection (2) of section 121.081, Florida Statutes, 1998
 3  Supplement, are amended to read:
 4         121.081  Past service; prior service;
 5  contributions.--Conditions under which past service or prior
 6  service may be claimed and credited are:
 7         (1)
 8         (i)  An employee of a state agency who was a member of
 9  a state-administered retirement system and who was granted
10  educational leave with pay pursuant to a written educational
11  leave-with-pay policy may claim such period of educational
12  leave as past service subject to the following conditions:
13         1.  The educational leave must have occurred prior to
14  December 31, 1971;
15         2.  The member must have completed at least 10 years of
16  creditable service excluding the period of the educational
17  leave;
18         3.  The employee must have returned to employment with
19  a state agency employer who participated in the retirement
20  system, which return was immediately upon termination of the
21  educational leave, and must have remained on the employer's
22  payroll for at least 1 calendar month 30 calendar days
23  following the return to employment;
24         4.  The employee must be a member of the Florida
25  Retirement System at the time he or she claims such service;
26         5.  Not more than 24 months of creditable service may
27  be claimed for such period of educational leave with pay;
28         6.  The service must not be claimed under any other
29  state or federal retirement system; and
30         7.  The member must pay to the retirement trust fund
31  for claiming such past-service credit an amount equal to 8
                                  22
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  percent of his or her gross annual salary immediately prior to
 2  the educational leave with pay for each year of past service
 3  claimed, plus 4 percent interest thereon compounded annually
 4  each June 30 from the first year of service claimed until July
 5  1, 1975, and 6.5 percent interest thereafter on the unpaid
 6  balance compounded annually each June 30 until paid.
 7         (2)  Prior service, as defined in s. 121.021(19), may
 8  be claimed as creditable service under the Florida Retirement
 9  System after a member has been reemployed for 1 complete year
10  of creditable service within a period of 12 consecutive
11  continuous months, except as provided in paragraph (c).
12  Service performed as a participant of the optional retirement
13  program for the State University System under s. 121.35 or the
14  Senior Management Service Optional Annuity Program under s.
15  121.055 may be used to satisfy the reemployment requirement of
16  1 complete year of creditable service 12-continuous-month
17  requirement.  The member shall not be permitted to make any
18  contributions for prior service until after completion of the
19  1 year of creditable service 12-month period. The required
20  contributions for claiming the various types of prior service
21  are:
22         (a)  For prior service performed prior to the date the
23  system becomes noncontributory for the member and for which
24  the member had credit under one of the existing retirement
25  systems and received a refund of contributions upon
26  termination of employment, the member shall contribute 4
27  percent of all salary received during the period being
28  claimed, plus 4 percent interest compounded annually from date
29  of refund until July 1, 1975, and 6.5 percent interest
30  compounded annually thereafter, until full payment is made to
31  the Retirement Trust Fund. A member who elected to transfer to
                                  23
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  the Florida Retirement System from an existing system may
 2  receive credit for prior service under the existing system if
 3  he or she was eligible under the existing system to claim the
 4  prior service at the time of the transfer. Contributions for
 5  such prior service shall be determined by the applicable
 6  provisions of the system under which the prior service is
 7  claimed and shall be paid by the member, with matching
 8  contributions paid by the employer at the time the service was
 9  performed. Effective July 1, 1978, the account of a person who
10  terminated under s. 238.05(3) may not be charged interest for
11  contributions that remained on deposit in the Annuity Savings
12  Trust Fund established under chapter 238, upon retirement
13  under this chapter or chapter 238.
14         (b)  For prior service performed prior to the date the
15  system becomes noncontributory for the member and for which
16  the member had credit under the Florida Retirement System and
17  received a refund of contributions upon termination of
18  employment, the member shall contribute at the rate that was
19  required of him or her during the period of service being
20  claimed, on all salary received during such period, plus 4
21  percent interest compounded annually from date of refund until
22  July 1, 1975, and 6.5 percent interest compounded annually
23  thereafter, until the full payment is made to the Retirement
24  Trust Fund.
25         (c)  For prior service as defined in s. 121.021(19)(b)
26  and (c) during which no contributions were made because the
27  member did not participate in a retirement system, the member
28  shall contribute 14.38 percent of all salary received during
29  such period or 14.38 percent of $100 per month during such
30  period, whichever is greater, plus 4 percent interest
31  compounded annually from the first year of service claimed
                                  24
    6:22 PM   04/26/99                           h1883c-12c8h.seg1
                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  until July 1, 1975, and 6.5 percent interest compounded
 2  annually thereafter, until full payment is made to the
 3  Retirement Trust Fund.
 4         (d)  In order to claim credit for prior service as
 5  defined in s. 121.021(19)(d) for which no retirement
 6  contributions were paid during the period of such service, the
 7  member shall contribute the total employee and employer
 8  contributions which were required to be made to the Highway
 9  Patrol Pension Trust Fund, as provided in chapter 321, during
10  the period claimed, plus 4 percent interest compounded
11  annually from the first year of service until July 1, 1975,
12  and 6.5 percent interest compounded annually thereafter, until
13  full payment is made to the Retirement Trust Fund.  However,
14  any governmental entity which employed such member may elect
15  to pay up to 50 percent of the contributions and interest
16  required to purchase this prior service credit.
17         (e)  For service performed under the Florida Retirement
18  System after December 1, 1970, that was never reported to the
19  division due to error, retirement credit may be claimed by a
20  member of the Florida Retirement System. The division shall
21  adopt rules establishing criteria for claiming such credit and
22  detailing the documentation required to substantiate the
23  error.
24         (f)  The employer may not be required to make
25  contributions for prior service credit for any member, except
26  that the employer shall pay the employer portion of
27  contributions for any legislator who elects to withdraw from
28  the Florida Retirement System and later rejoins the system and
29  pays any employee contributions required in accordance with s.
30  121.052(3)(d).
31         Section 11.  Paragraph (c) of subsection (4), paragraph
                                  25
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  (f) of subsection (7), and paragraphs (a) and (i) of
 2  subsection (13) of section 121.091, Florida Statutes, 1998
 3  Supplement, are amended to read:
 4         121.091  Benefits payable under the system.--Benefits
 5  may not be paid under this section unless the member has
 6  terminated employment as provided in s. 121.021(39)(a) or
 7  begun participation in the Deferred Retirement Option Program
 8  as provided in subsection (13), and a proper application has
 9  been filed in the manner prescribed by the division. The
10  division may cancel an application for retirement benefits
11  when the member or beneficiary fails to timely provide the
12  information and documents required by this chapter and the
13  division's rules. The division shall adopt rules establishing
14  procedures for application for retirement benefits and for the
15  cancellation of such application when the required information
16  or documents are not received.
17         (4)  DISABILITY RETIREMENT BENEFIT.--
18         (b)  Total and permanent disability.--A member shall be
19  considered totally and permanently disabled if, in the opinion
20  of the administrator, he or she is prevented, by reason of a
21  medically determinable physical or mental impairment, from
22  rendering useful and efficient service as an officer or
23  employee.
24         (c)  Proof of disability.--The administrator, before
25  approving payment of any disability retirement benefit, shall
26  require proof that the member is totally and permanently
27  disabled as provided herein:
28         1.  Such, which proof shall include the certification
29  of the member's total and permanent disability by two licensed
30  physicians of the state and such other evidence of disability
31  as the administrator may require, including reports from
                                  26
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  vocational rehabilitation, evaluation, or testing specialists
 2  who have evaluated the applicant for employment.
 3         2.  It must be documented that:
 4         a.  The member's medical condition occurred or became
 5  symptomatic during the time the member was employed in an
 6  employee/employer relationship with his or her employer;
 7         b.  The member was totally and permanently disabled at
 8  the time he or she terminated covered employment; and
 9         c.  The member has not been employed with any other
10  employer after such termination.
11         3.  If the application is for in-line-of-duty
12  disability, in addition to the requirements of subparagraph
13  2., it must be documented by competent medical evidence that
14  the disability was caused by a job-related illness or accident
15  which occurred while the member was in an employee/employer
16  relationship with his or her employer.
17         4.  The unavailability of an employment position that
18  the member is physically and mentally capable of performing
19  will not be considered as proof of total and permanent
20  disability.
21         (7)  DEATH BENEFITS.--
22         (f)  Notwithstanding any other provisions in this
23  chapter to the contrary and upon application to the
24  administrator, an eligible joint annuitant, of a member whose
25  employment is terminated by death within 1 year of such member
26  satisfying the service requirements for vesting and retirement
27  eligibility, shall be permitted to purchase only the
28  additional service credit necessary to vest and qualify for
29  retirement benefits, not to exceed a total of 1 year of
30  credit, by one or a combination of the following methods:
31         1.  Such eligible joint annuitant may use the deceased
                                  27
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  member's accumulated hours of annual, sick, and compensatory
 2  leave to purchase additional creditable service, on an hour by
 3  hour basis, provided that such deceased member's accumulated
 4  leave is sufficient to cover the additional months required.
 5  For each month of service credit needed prior to the final
 6  month, credit for the total number of work hours in that month
 7  must be purchased, using an equal number of the deceased
 8  member's accumulated leave hours.  Service credit required for
 9  the final month in which the deceased member would have become
10  vested shall be awarded upon the purchase of 1 hour of credit.
11  Such eligible joint annuitant shall pay the contribution rate
12  in effect for the period of time being claimed for at the time
13  of purchase of the deceased member's class of membership,
14  multiplied by such member's monthly salary at the time of
15  death, plus 6.5 percent interest compounded annually.  The
16  accumulated leave payment used in the average final
17  compensation shall not include that portion of the payment
18  that represents any leave hours used in the purchase of such
19  creditable service.
20         2.  Such eligible joint annuitant may purchase
21  additional months of creditable service, up to a maximum of 1
22  year, for any periods of out-of-state service as provided in
23  s. 121.1115, and or in-state service as provided in s.
24  121.1122, that the deceased member would have been eligible to
25  purchase prior to his or her death.
26
27  Service purchased under this paragraph shall be added to the
28  creditable service of the member and used to vest for
29  retirement eligibility, and shall be used in the calculation
30  of any benefits which may be payable to the eligible joint
31  annuitant.  Any benefits paid in accordance with this
                                  28
    6:22 PM   04/26/99                           h1883c-12c8h.seg1
                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  paragraph shall only be made prospectively.
 2         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,
 3  and subject to the provisions of this section, the Deferred
 4  Retirement Option Program, hereinafter referred to as the
 5  DROP, is a program under which an eligible member of the
 6  Florida  Retirement System may elect to participate, deferring
 7  receipt of retirement benefits while continuing employment
 8  with his or her Florida Retirement System employer.  The
 9  deferred monthly benefits shall accrue in the System Trust
10  Fund on behalf of the participant, plus interest compounded
11  monthly, for the specified period of the DROP participation,
12  as provided in paragraph (c).  Upon termination of employment,
13  the participant shall receive the total DROP benefits and
14  begin to receive the previously determined normal retirement
15  benefits. Participation in the DROP does not guarantee
16  employment for the specified period of DROP.
17         (a)  Eligibility of member to participate in the
18  DROP.--All active Florida Retirement System members in a
19  regularly established position, and all active members of
20  either the Teachers' Retirement System established in chapter
21  238 or the State and County Officers' and Employees'
22  Retirement System established in chapter 122 which systems are
23  consolidated within the Florida Retirement System under s.
24  121.011, are eligible to elect participation in the DROP
25  provided that:
26         1.  The member is not a renewed member of the Florida
27  Retirement System under s. 121.122, or a member of the State
28  Community College System Optional Retirement Program under s.
29  121.051, the Senior Management Service Optional Annuity
30  Program under s. 121.055, or the optional retirement program
31  for the State University System under s. 121.35.
                                  29
    6:22 PM   04/26/99                           h1883c-12c8h.seg1
                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1         2.  Election to participate is made within 12 months
 2  immediately following the date on which the member first
 3  reaches normal retirement date, or, for a member who reaches
 4  normal retirement date based on service before he or she
 5  reaches age 62, or age 55 for Special Risk Class members,
 6  election to participate may be deferred to the 12 months
 7  immediately following the date the member attains 57, or age
 8  52 50 for Special Risk Class members. For a member who first
 9  reached normal retirement date or the deferred eligibility
10  date described above prior to the effective date of this
11  section, election to participate shall be made within 12
12  months after the effective date of this section.  A member who
13  fails to make an election within such 12-month limitation
14  period shall forfeit all rights to participate in the DROP.
15  The member shall advise his or her employer and the division
16  in writing of the date on which the DROP shall begin. Such
17  beginning date may be subsequent to the 12-month election
18  period, but must be within the 60-month limitation period as
19  provided in subparagraph (b)1. When establishing eligibility
20  of the member to participate in the DROP or the 60-month
21  maximum participation period, the member may elect to include
22  or exclude any optional service credit purchased by the member
23  from the total service used to establish the normal retirement
24  date. A member with dual normal retirement dates shall be
25  eligible to elect to participate in DROP within 12 months
26  after attaining normal retirement date in either class.
27         3.  The employer of a member electing to participate in
28  the DROP, or employers if dually employed, shall acknowledge
29  in writing to the division the date the member's participation
30  in the DROP begins and the date the member's employment and
31  DROP participation will terminate.
                                  30
    6:22 PM   04/26/99                           h1883c-12c8h.seg1
                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1         4.  Simultaneous employment of a participant by
 2  additional Florida Retirement System employers subsequent to
 3  the commencement of participation in the DROP shall be
 4  permissible provided such employers acknowledge in writing a
 5  DROP termination date no later than the participant's existing
 6  termination date or the 60-month limitation period as provided
 7  in subparagraph (b)1.
 8         5.  A DROP participant may change employers while
 9  participating in the DROP, subject to the following:
10         a.  A change of employment must take place without a
11  break in service so that the member receives salary for each
12  month of continuous DROP participation.  If a member receives
13  no salary during a month, DROP participation shall cease
14  unless the employer verifies a continuation of the employment
15  relationship for such participant pursuant to s.
16  121.021(39)(b).
17         b.  Such participant and new employer shall notify the
18  division on forms required by the division as to the identity
19  of the new employer.
20         c.  The new employer shall acknowledge, in writing, the
21  participant's DROP termination date, which may be extended but
22  not beyond the original 60-month period provided in
23  subparagraph (b)1., shall acknowledge liability for any
24  additional retirement contributions and interest required if
25  the participant fails to timely terminate employment, and
26  shall be subject to the adjustment required in
27  sub-subparagraph (c)5.d. (c)4.d.
28         (i)  Contributions.--
29         1.  All employers paying the salary of a DROP
30  participant filling a regularly established position shall
31  contribute 11.56 percent of such participant's gross
                                  31
    6:22 PM   04/26/99                           h1883c-12c8h.seg1
                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  compensation, which shall constitute the entire employer DROP
 2  contribution with respect to such participant.  Such
 3  contributions, payable to the System Trust Fund in the same
 4  manner as required in s. 121.071, shall be made as appropriate
 5  for each pay period and are in addition to contributions
 6  required for social security and the Retiree Health Insurance
 7  Subsidy Trust Fund.  Such employer, social security, and
 8  health insurance subsidy contributions are not included in the
 9  DROP.
10         2.  The employer shall, in addition to subparagraph 1.,
11  also withhold one-half of the entire social security
12  contribution required for the participant.  Contributions for
13  social security by each participant and each employer, in the
14  amount required for social security coverage as now or
15  hereafter provided by the federal Social Security Act, shall
16  be in addition to contributions specified in subparagraph 1.
17         3.  All employers paying the salary of a DROP
18  participant filling a regularly established position shall
19  contribute the 0.66 percent of such participant's gross
20  compensation required in s. 121.071(4), which shall constitute
21  the employer's health insurance subsidy contribution with
22  respect to such participant. Such contributions shall be
23  deposited by the administrator in the Retiree Health Insurance
24  Subsidy Trust Fund.
25         Section 12.  Subsection (3) of section 121.122, Florida
26  Statutes, 1998 Supplement, is amended to read:
27         121.122  Renewed membership in system.--Except as
28  provided in s. 121.053, effective July 1, 1991, any retiree of
29  a state-administered retirement system who is employed in a
30  regularly established position with a covered employer shall
31  be enrolled as a compulsory member of the Regular Class of the
                                  32
    6:22 PM   04/26/99                           h1883c-12c8h.seg1
                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  Florida Retirement System or, effective July 1, 1997, any
 2  retiree of a state-administered retirement system who is
 3  employed in a position included in the Senior Management
 4  Service Class shall be enrolled as a compulsory member of the
 5  Senior Management Service Class of the Florida Retirement
 6  System as provided in s. 121.055, and shall be entitled to
 7  receive an additional retirement benefit, subject to the
 8  following conditions:
 9         (3)  Such member shall be entitled to purchase
10  additional retirement credit in the Regular Class or the
11  Senior Management Service Class, as applicable, for any
12  postretirement service performed in a regularly established
13  position as follows:
14         (a)  For regular class service prior to July 1, 1991,
15  by paying the Regular Class applicable employee and employer
16  contributions for the period being claimed, plus 4 percent
17  interest compounded annually from first year of service
18  claimed until July 1, 1975, and 6.5 percent interest
19  compounded thereafter, until full payment is made to the
20  Florida Retirement System Trust Fund; or
21         (b)  For Senior Management Service Class prior to June
22  1, 1997, as provided in s. 121.055(1)(i)(h).
23
24  The contribution for postretirement service between July 1,
25  1985, and July 1, 1991, for which the reemployed retiree
26  contribution was paid, shall be the difference between such
27  contribution and the total applicable contribution for the
28  period being claimed, plus interest.  The employer of such
29  member may pay the applicable employer contribution in lieu of
30  the member. If a member does not wish to claim credit for all
31  of the postretirement service for which he or she is eligible,
                                  33
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  the service the member claims must be the most recent service.
 2         Section 13.  Subsection (5) of section 121.24, Florida
 3  Statutes, is renumbered as subsection (6), and a new
 4  subsection (5) is added to said section, to read:
 5         121.24  Conduct of commission business; legal and other
 6  assistance; compensation.--
 7         (5)  The State Retirement Commission has the authority
 8  to adopt rules pursuant to ss. 120.54 and 120.536(1) to
 9  implement the provisions of law conferring duties upon the
10  commission.
11         Section 14.  Paragraph (a) of subsection (5) of section
12  121.35, Florida Statutes, 1998 Supplement, is amended to read:
13         121.35  Optional retirement program for the State
14  University System.--
15         (5)  BENEFITS.--
16         (a)  Benefits shall be payable under the optional
17  retirement program only to vested participants in the program,
18  or their beneficiaries as designated by the participant in the
19  contract with a provider company, and such benefits shall be
20  paid only by the designated company in accordance with the
21  terms of the annuity contract or contracts applicable to the
22  participant. The participant must be terminated from all
23  employment with all Florida Retirement System employers, as
24  provided in s. 121.021(39), to begin receiving the
25  employer-funded benefit. Benefits funded by employer
26  contributions shall be payable only as a lifetime annuity to
27  the participant, his beneficiary, or his estate, except for:
28         1.  A lump-sum payment to the beneficiary upon the
29  death of the participant; or
30         2.  A cash-out of a de minimis account upon the request
31  of a former participant who has been terminated for a minimum
                                  34
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  of 6 months from the employment that entitled him to optional
 2  retirement program participation. A de minimis account is an
 3  account with a provider company containing employer
 4  contributions and accumulated earnings of not more than $5,000
 5  $3,500 made under the provisions of this chapter. Such
 6  cash-out must be a complete liquidation of the account balance
 7  with that company and is subject to the provisions of the
 8  Internal Revenue Code.
 9         Section 15.  Subsection (11) of section 121.40, Florida
10  Statutes, 1998 Supplement, is amended, and subsection (12) of
11  said section, as amended by chapters 96-423 and 98-413, Laws
12  of Florida, is reenacted to read:
13         121.40  Cooperative extension personnel at the
14  Institute of Food and Agricultural Sciences; supplemental
15  retirement benefits.--
16         (4)  ELIGIBILITY FOR SUPPLEMENT.--To be eligible for a
17  benefit pursuant to the provisions of this section, a person
18  must meet all of the following eligibility criteria:
19         (e)  The person must not be entitled to any benefit
20  from a state-supported retirement system or from social
21  security based upon service as a cooperative extension
22  employee of the institute. Participation in the Institute of
23  Food and Agricultural Sciences Supplemental Retirement Program
24  shall not constitute membership in the Florida Retirement
25  System.
26         (11)  EMPLOYMENT AFTER RETIREMENT: LIMITATION.--
27         (a)  Any person who is receiving a supplemental
28  retirement benefit under this section may be reemployed by any
29  private or public employer after retirement and receive
30  supplemental retirement benefits pursuant to this section and
31  compensation from his or her employer, without any
                                  35
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  limitations.  However, if a retired participant who is
 2  receiving a supplemental retirement benefit under this section
 3  is reemployed at the institute in a position as a cooperative
 4  extension employee of the institute, he or she shall forfeit
 5  all rights to supplemental retirement benefits in accordance
 6  with the eligibility provisions of subsection (4)(e)., except
 7  that no person may receive both a salary from reemployment
 8  with any agency participating in the Florida Retirement System
 9  and supplemental retirement benefits under this section for a
10  period of 12 months immediately subsequent to the date of
11  retirement.
12         (b)  Each person to whom the limitation in paragraph
13  (a) applies who violates such reemployment limitation and who
14  is reemployed with any agency participating in the Florida
15  Retirement System prior to completion of the 12-month
16  limitation period shall give timely notice of this fact in
17  writing to the employer and to the division and shall have his
18  or her supplemental retirement benefits suspended for the
19  balance of the 12-month limitation period.  Any person
20  employed in violation of this subsection and any employing
21  agency which knowingly employs or appoints such person without
22  notifying the Division of Retirement to suspend retirement
23  benefits shall be jointly and severally liable for
24  reimbursement to the retirement trust fund of any benefits
25  paid during the reemployment limitation period.  To avoid
26  liability, such employing agency shall have a written
27  statement from the retiree that he or she is not retired from
28  a state-administered retirement system. Any supplemental
29  retirement benefits received while reemployed during this
30  reemployment limitation period shall be repaid to the trust
31  fund, and supplemental retirement benefits shall remain
                                  36
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  suspended until such repayment has been made.  Supplemental
 2  benefits suspended beyond the reemployment limitation shall
 3  apply toward repayment of supplemental benefits received in
 4  violation of the reemployment limitation.
 5         (c)  The reemployment by an employer participating in
 6  the Florida Retirement System of any person receiving
 7  supplemental retirement benefits under this section shall have
 8  no effect on the amount of the supplemental benefit of that
 9  person.  Prior to July 1, 1991, upon employment of any person,
10  other than an elected officer as provided in s. 121.053, who
11  is receiving supplemental retirement benefits under this
12  section, the employer shall pay retirement contributions in an
13  amount equal to the unfunded actuarial accrued liability
14  portion of the employer contribution which would be required
15  for regular members of the Florida Retirement System.
16  Effective July 1, 1991, contributions shall be made as
17  provided in s. 121.122 for renewed membership.
18         (d)  The limitations of this subsection apply to
19  reemployment in any capacity with an "employer" as defined in
20  s. 121.021(10), irrespective of the category of funds from
21  which the person is compensated.
22         (12)  CONTRIBUTIONS.--
23         (a)  For the purposes of funding the supplemental
24  benefits provided by this section, the institute is authorized
25  and required to pay, commencing July 1, 1985, the necessary
26  monthly contributions from its appropriated budget. These
27  amounts shall be paid into the Institute of Food and
28  Agricultural Sciences Supplemental Retirement Trust Fund,
29  which is hereby created.
30         (b)  The monthly contributions required to be paid
31  pursuant to paragraph (a) on the gross monthly salaries, from
                                  37
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  all sources with respect to such employment, paid to those
 2  employees of the institute who hold both state and federal
 3  appointments and who participate in the federal Civil Service
 4  Retirement System shall be as follows:
 5
 6  Dates of Contribution                              Percentage
 7    Rate Changes                                        Due
 8
 9  July 1, 1985, through December 31, 1988              6.68%
10  January 1, 1989, through December 31, 1993           6.35%
11  January 1, 1994, through December 31, 1994           6.69%
12  January 1, 1995, through June 30, 1996               6.82%
13  July 1, 1996, through June 30, 1998                  5.64%
14  Effective July 1, 1998                               7.17%
15
16         Section 16.  Subsection (11) of section 413.051,
17  Florida Statutes, 1998 Supplement, as amended by chapter
18  96-423 and subsection (12) of said section, as amended by
19  chapters 96-423 and 98-149, Laws of Florida, are reenacted to
20  read:
21         413.051  Eligible blind persons; operation of vending
22  stands.--
23         (11)  Effective July 1, 1996, blind licensees who
24  remain members of the Florida Retirement System pursuant to s.
25  121.051(6)(b)1. shall pay any unappropriated retirement costs
26  from their net profits or from program income. Within 30 days
27  after the effective date of this act, each blind licensee who
28  is eligible to maintain membership in the Florida Retirement
29  System under s. 121.051(6)(b)1., but who elects to withdraw
30  from the system as provided in s. 121.051(6)(b)3., must, on or
31  before July 31, 1996, notify the Division of Blind Services
                                  38
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  and the Division of Retirement in writing of his or her
 2  election to withdraw.  Failure to timely notify the divisions
 3  shall be deemed a decision to remain a compulsory member of
 4  the Florida Retirement System. However, if, at any time after
 5  July 1, 1996, sufficient funds are not paid by a blind
 6  licensee to cover the required contribution to the Florida
 7  Retirement System, that blind licensee shall become ineligible
 8  to participate in the Florida Retirement System on the last
 9  day of the first month for which no contribution is made or
10  the amount contributed is insufficient to cover the required
11  contribution.  For any blind licensee who becomes ineligible
12  to participate in the Florida Retirement System as described
13  in this subsection, no creditable service shall be earned
14  under the Florida Retirement System for any period following
15  the month that retirement contributions ceased to be reported.
16  However, any such person may participate in the Florida
17  Retirement System in the future if employed by a participating
18  employer in a covered position.
19         (12)  The Division of Blind Services may adopt rules to
20  permit the division to establish and maintain vending
21  facilities, issue licenses, establish and maintain a vending
22  facility training program, provide vendors access to financial
23  data of the program, set aside funds from net proceeds of the
24  vending facility, provide for the transfer and promotion of
25  vendors, establish a vendors committee, provide for an
26  operation agreement, provide duties and responsibilities of
27  the division with respect to the vending facility program, and
28  provide procedures for newspaper vending sales.
29         Section 17.  Paragraph (b) of subsection (1) of section
30  175.071, Florida Statutes, 1998 Supplement, is amended to
31  read:
                                  39
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1         175.071  General powers and duties of board of
 2  trustees.--For any municipality, special fire control
 3  district, chapter plan, local law municipality, local law
 4  special fire control district, or local law plan under this
 5  chapter:
 6         (1)  The board of trustees may:
 7         (b)  Invest and reinvest the assets of the
 8  firefighters' pension trust fund in:
 9         1.  Time or savings accounts of a national bank, a
10  state bank insured by the Bank Insurance Fund, or a savings,
11  building, and loan association insured by the Savings
12  Association Insurance Fund which is administered by the
13  Federal Deposit Insurance Corporation or a state or federal
14  chartered credit union whose share accounts are insured by the
15  National Credit Union Share Insurance Fund.
16         2.  Obligations of the United States or obligations
17  guaranteed as to principal and interest by the government of
18  the United States.
19         3.  Bonds issued by the State of Israel.
20         4.  Bonds, stocks, or other evidences of indebtedness
21  issued or guaranteed by a corporation organized under the laws
22  of the United States, any state or organized territory of the
23  United States, or the District of Columbia, provided:
24         a.  The corporation is listed on any one or more of the
25  recognized national stock exchanges or on the National Market
26  System of the Nasdaq Stock Market and, in the case of bonds
27  only, holds a rating in one of the three highest
28  classifications by a major rating service; and
29         b.  The board of trustees shall not invest more than 5
30  percent of its assets in the common stock or capital stock of
31  any one issuing company, nor shall the aggregate investment in
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  any one issuing company exceed 5 percent of the outstanding
 2  capital stock of that company or the aggregate of its
 3  investments under this subparagraph at cost exceed 50 percent
 4  of the assets of the fund.
 5
 6  This paragraph shall apply to all boards of trustees and
 7  participants. However, in the event that a municipality or
 8  special fire control district has a duly enacted pension plan
 9  pursuant to, and in compliance with, s. 175.351, and the
10  trustees thereof desire to vary the investment procedures
11  herein, the trustees of such plan shall request a variance of
12  the investment procedures as outlined herein only through a
13  municipal ordinance, special act of the Legislature, or
14  resolution by the governing body of the special fire control
15  district; where a special act, or a municipality by ordinance
16  adopted prior to July 1, 1998, permits a greater than
17  50-percent equity investment, such municipality shall not be
18  required to comply with the aggregate equity investment
19  provisions of this paragraph. Notwithstanding any other
20  provision of law to the contrary, nothing in this section may
21  be construed to take away any preexisting legal authority to
22  make equity investments that exceed the requirements of this
23  paragraph. The board of trustees may invest up to 10 percent
24  of plan assets in foreign securities.
25         Section 18.  Paragraph (b) of subsection (1) of section
26  185.06, Florida Statutes, 1998 Supplement, is amended to read:
27         185.06  General powers and duties of board of
28  trustees.--For any municipality, chapter plan, local law
29  municipality, or local law plan under this chapter:
30         (1)  The board of trustees may:
31         (b)  Invest and reinvest the assets of the retirement
                                  41
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  trust fund in:
 2         1.  Time or savings accounts of a national bank, a
 3  state bank insured by the Bank Insurance Fund, or a savings
 4  and loan association insured by the Savings Association
 5  Insurance Fund which is administered by the Federal Deposit
 6  Insurance Corporation or a state or federal chartered credit
 7  union whose share accounts are insured by the National Credit
 8  Union Share Insurance Fund.
 9         2.  Obligations of the United States or obligations
10  guaranteed as to principal and interest by the United States.
11         3.  Bonds issued by the State of Israel.
12         4.  Bonds, stocks, or other evidences of indebtedness
13  issued or guaranteed by a corporation organized under the laws
14  of the United States, any state or organized territory of the
15  United States, or the District of Columbia, provided:
16         a.  The corporation is listed on any one or more of the
17  recognized national stock exchanges or on the National Market
18  System of the Nasdaq Stock Market and, in the case of bonds
19  only, holds a rating in one of the three highest
20  classifications by a major rating service; and
21         b.  The board of trustees shall not invest more than 5
22  percent of its assets in the common stock or capital stock of
23  any one issuing company, nor shall the aggregate investment in
24  any one issuing company exceed 5 percent of the outstanding
25  capital stock of the company or the aggregate of its
26  investments under this subparagraph at cost exceed 50 percent
27  of the fund's assets.
28
29  This paragraph shall apply to all boards of trustees and
30  participants. However, in the event that a municipality has a
31  duly enacted pension plan pursuant to, and in compliance with,
                                  42
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  s. 185.35 and the trustees thereof desire to vary the
 2  investment procedures herein, the trustees of such plan shall
 3  request a variance of the investment procedures as outlined
 4  herein only through a municipal ordinance or special act of
 5  the Legislature; where a special act, or a municipality by
 6  ordinance adopted prior to July 1, 1998, permits a greater
 7  than 50-percent equity investment, such municipality shall not
 8  be required to comply with the aggregate equity investment
 9  provisions of this paragraph. Notwithstanding any other
10  provision of law to the contrary, nothing in this section may
11  be construed to take away any preexisting legal authority to
12  make equity investments that exceed the requirements of this
13  paragraph. The board of trustees may invest up to 10 percent
14  of plan assets in foreign securities.
15         Section 19.  Section 121.027, Florida Statutes, is
16  repealed.
17         Section 20.  The Governor, Comptroller, and Treasurer,
18  sitting as the Board of Trustees of the State Board of
19  Administration, shall review the actuarial valuation report
20  prepared in accordance with the provisions of chapter 121,
21  Florida Statutes.  The Board shall review the process by which
22  Florida Retirement System contribution rates are determined
23  and recommend and submit any comments regarding the process to
24  the Legislature.
25         Section 21.  Section 112.18, Florida Statutes, is
26  amended to read:
27         112.18  Firefighters and state law enforcement
28  officers; special provisions relative to disability.--
29         (1)  Any condition or impairment of health of any
30  Florida state, municipal, county, port authority, special tax
31  district, or fire control district firefighter or state law
                                  43
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  enforcement officer caused by tuberculosis, heart disease, or
 2  hypertension resulting in total or partial disability or death
 3  shall be presumed to have been accidental and to have been
 4  suffered in the line of duty unless the contrary be shown by
 5  competent evidence. However, any such firefighter or state law
 6  enforcement officer shall have successfully passed a physical
 7  examination upon entering into any such service as a
 8  firefighter or state law enforcement officer, which
 9  examination failed to reveal any evidence of any such
10  condition.  Such presumption shall not apply to benefits
11  payable under or granted in a policy of life insurance or
12  disability insurance, unless the insurer and insured have
13  negotiated for such additional benefits to be included in the
14  policy contract.
15         (2)  This section shall be construed to authorize the
16  above governmental entities to negotiate policy contracts for
17  life and disability insurance to include accidental death
18  benefits or double indemnity coverage which shall include the
19  presumption that any condition or impairment of health of any
20  firefighter caused by tuberculosis, heart disease, or
21  hypertension resulting in total or partial disability or death
22  was accidental and suffered in the line of duty, unless the
23  contrary be shown by competent evidence.
24         Section 22.  Section 121.36, Florida Statutes, is
25  created to read:
26         121.36  Optional retirement program for members of the
27  regular class.--
28         (1)  OPTIONAL RETIREMENT PROGRAM
29  ESTABLISHED.--Effective July 1, 2001, the Division of
30  Retirement shall establish an optional retirement program for
31  members of the Regular Class of the Florida Retirement System
                                  44
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  under which contracts providing retirement benefits may be
 2  purchased for eligible employees who elect to participate in
 3  the program. The benefits to be provided for or on behalf of
 4  participants in such optional retirement program shall be
 5  provided through individual contracts, which may be fixed,
 6  variable, or a combination thereof, in accordance with s.
 7  401(a) of the Internal Revenue Code. Any individual contract
 8  must contain a statement of the plan on its face page, and
 9  must include, but need not be limited to, a statement of
10  ownership, the contract benefits, income options, limitations,
11  expense charges, and surrender charges, if any. The state
12  shall contribute, as provided in this section, toward the
13  purchase of such optional benefits.
14         (2)  DEFINITIONS.--As used in this section, the term:
15         (a)  "Approved provider" or "provider" means the State
16  Board of Administration or a private-sector company that is
17  selected and approved by the division to offer contracts to
18  participants of the Regular Class Optional Retirement Program.
19  Private-sector companies include nonprofit investment
20  management companies, insurance companies, depositories, and
21  mutual fund companies.
22         (b)  "Contract" means an individual contract or an
23  individual certificate issued for a group contract. The term
24  "execute a contract" includes execution of an individual
25  contract and execution of a group contract by the Division of
26  Retirement with issuance of an individual certificate.
27         (c)  "De minimis account" refers to total vested
28  account contributions and accumulated earnings under the
29  Regular Class Optional Retirement Program of not more than
30  $5,000.
31         (d)  "Eligible employee" means an employee, as defined
                                  45
    6:22 PM   04/26/99                           h1883c-12c8h.seg1
                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  in s. 121.021(11), who is a member of, or is eligible for
 2  membership in, the Regular Class of the Florida Retirement
 3  System. However, the term does not include any employee who is
 4  a participant of, or is eligible to participate in, any other
 5  optional retirement program authorized under this chapter, nor
 6  does the term include any renewed member of the Florida
 7  Retirement System under s. 121.122 or any member participating
 8  in the Deferred Retirement Option Program under s.
 9  121.091(13).
10         (e)  "Employer" means an employer, as defined in s.
11  121.021(10), of an eligible employee.
12         (f)  "Participant" means an eligible employee who
13  elects to participate in the Regular Class Optional Retirement
14  Program and enrolls in such optional program as provided in
15  subsection (4).
16         (g)  "Regular Class Optional Retirement Program" or
17  "optional program" means the alternative defined-contribution
18  retirement program established under this section.
19         (h)  "Vested" or "vesting" means the guarantee that a
20  participant is eligible to receive a full or partial
21  retirement benefit upon completion of the required years of
22  service under the Regular Class Optional Retirement Program.
23         (3)  ELIGIBILITY; RETIREMENT SERVICE CREDIT.--
24         (a)  Participation in the Regular Class Optional
25  Retirement Program is limited to eligible employees.
26         (b)  An eligible employee who is a member of the
27  Florida Retirement System at the time of his or her election
28  to participate in the Regular Class Optional Retirement
29  Program shall retain all retirement service credit earned
30  under the Florida Retirement System, at the rate earned.
31  However, election to participate in the Regular Class Optional
                                  46
    6:22 PM   04/26/99                           h1883c-12c8h.seg1
                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  Retirement Program terminates the active membership of the
 2  employee in the Florida Retirement System, and the service of
 3  a participant in the Regular Class Optional Retirement Program
 4  will not be creditable under the Florida Retirement System,
 5  nor will the participant be eligible for disability retirement
 6  under the Florida Retirement System.
 7         (c)  Notwithstanding paragraph (b), each existing
 8  employee who elects to participate in the Regular Class
 9  Optional Retirement Program and establishes one or more
10  individual participant accounts under the program may elect to
11  transfer to the optional program a sum representing the
12  actuarial equivalent present value of the employee's accrued
13  service benefit under the Florida Retirement System. Upon such
14  election, the actuarial present value for the participant
15  shall be determined using the discount rate and other
16  actuarial assumptions used to value the Florida Retirement
17  System Trust Fund at the time the amount to be transferred is
18  determined and disregarding any vesting requirement that would
19  otherwise apply under the Florida Retirement System. As
20  directed by the participant, the division shall transfer the
21  appropriate amounts to the designated accounts. The division
22  shall establish transfer procedures by rule. Upon such
23  transfer, all service credit previously earned under the
24  Florida Retirement System shall be nullified for purposes of
25  entitlement to a future benefit under the Florida Retirement
26  System. Transfers are noncommissionable, must be made
27  expeditiously, and may be in the form of securities or cash.
28         (4)  PARTICIPATION.--
29         (a)  With respect to eligible employees who are
30  employed in a regularly established position on July 1, 2001:
31         1.  Any such employee may elect to participate in the
                                  47
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  Regular Class Optional Retirement Program in lieu of retaining
 2  his or her membership in the Regular Class of the Florida
 3  Retirement System. The election must be made in writing and
 4  must be filed with the division and the personnel officer of
 5  the employer within 90 days after July 1, 2001, or, in the
 6  case of an active employee who is on a leave of absence on
 7  July 1, 2001, within 90 days after the conclusion of the leave
 8  of absence. Upon making such election, the employee shall
 9  become a participant of the Regular Class Optional Retirement
10  Program, and the employee's membership in the Florida
11  Retirement System will terminate. The employee's enrollment in
12  the Regular Class Optional Retirement Program will be
13  effective the first day of the month for which a full month's
14  employer contribution is made to the optional program.
15         2.  Any such employee who fails to elect to participate
16  in the Regular Class Optional Retirement Program within the
17  prescribed 90 days is deemed to have elected to retain
18  membership in the Florida Retirement System.
19         (b)  With respect to employees who become eligible to
20  participate in the Regular Class Optional Retirement Program
21  by reason of employment in a regularly established position
22  commencing after July 1, 2001:
23         1.  Any such employee shall, by default, be enrolled in
24  the Florida Retirement System at the commencement of
25  employment, and may, within 90 days after employment
26  commences, elect to participate in the Regular Class Optional
27  Retirement Program. The employee's election must be made in
28  writing and must be filed with the personnel officer of the
29  employer.
30         a.  If the employee files such election before the
31  initial payroll is submitted for the employee, enrollment in
                                  48
    6:22 PM   04/26/99                           h1883c-12c8h.seg1
                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  the Regular Class Optional Retirement Program will be
 2  effective on the first day of employment.
 3         b.  If the employee files such election within 90 days
 4  after employment commences, but after the initial payroll is
 5  submitted for the employee, enrollment in the optional program
 6  will be effective on the first day of the month for which a
 7  full month's employer contribution is made to the optional
 8  program.
 9         2.  Any such employee who fails to elect to participate
10  in the Regular Class Optional Retirement Program within the
11  prescribed 90 days is deemed to have elected to retain
12  membership in the Florida Retirement System.
13         (c)  With respect to eligible employees who become
14  eligible to participate in the Regular Class Optional
15  Retirement Program by reason of a change in eligibility status
16  occurring on or after July 1, 2001:
17         1.  Upon a change in eligibility status, the employer
18  must provide written notice to the employee stating that, due
19  to the change in eligibility status, the employee has the
20  option to participate in the Regular Class Optional Retirement
21  Program in lieu of retaining membership in the Florida
22  Retirement System Regular Class, if he or she exercises the
23  option within 90 days after the notification date.
24         2.  Any such employee may, within 90 days after the
25  notification date, elect to participate in the Regular Class
26  Optional Retirement Program. The employee's election must be
27  made in writing and must be filed with the personnel officer
28  of the employer. If the employee files an election to
29  participate in the Regular Class Optional Retirement Program
30  within the prescribed 90 days, enrollment in the optional
31  program will be effective on the first day of the month for
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  which a full month's employer contribution is made to the
 2  optional program.
 3         3.  Any such employee who fails to elect to participate
 4  in the Regular Class Optional Retirement Program within the
 5  prescribed 90 days is deemed to have elected to retain
 6  membership in the Florida Retirement System.
 7         (d)  The provisions of paragraph (a), paragraph (b), or
 8  paragraph (c) to the contrary notwithstanding:
 9         1.  Any eligible employee who elects to participate in
10  the Regular Class Optional Retirement Program but fails to
11  execute a contract with one of the approved providers within
12  90 days after enrollment in the optional program, or who fails
13  to properly notify, within the prescribed 90 days, the
14  division that such contract has been executed, shall be deemed
15  to have executed an annuity contract with the State Board of
16  Administration, and all appropriate contributions shall be
17  transferred to the State Board of Administration for
18  allocation to the participant's account.
19         2.  Any participant of the Regular Class Optional
20  Retirement Program who, before executing the required contract
21  and notifying the division, terminates employment or otherwise
22  experiences a change in eligibility status such that he or she
23  is no longer eligible to participate in the optional program
24  is deemed to have elected membership in the Florida Retirement
25  System. Such membership is retroactive to the date of
26  enrollment, and all appropriate contributions will be made to
27  the Florida Retirement System Trust Fund and the Health
28  Insurance Subsidy Trust Fund.
29         (e)  The election to participate in the Regular Class
30  Optional Retirement Program is irrevocable for as long as the
31  employee holds a position eligible for participation in the
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  optional program and otherwise continues to meet the
 2  requirements of this section.
 3         (5)  CONTRIBUTIONS.--
 4         (a)1.  Each employer shall contribute on behalf of each
 5  participant in the Regular Class Optional Retirement Program
 6  an amount equal to 8.21 percent of the employee's gross
 7  salary. The employer shall forward to the division the
 8  required contributions for each participant of the optional
 9  program, and the division shall forward the contributions to
10  the designated providers contracting for payment of benefits
11  for the participant, less an amount approved by the
12  Legislature, which shall be deducted by the division to
13  provide for the administration of the program. However, such
14  contributions may not be forwarded to a provider and do not
15  begin to accrue interest until the employee has executed a
16  contract and notified the division.
17         2.  Contributions by each employer and each participant
18  which are required for social security coverage under the
19  federal Social Security Act must be maintained for each
20  participant in the Regular Class Optional Retirement Program,
21  in addition to the retirement contributions specified in this
22  subsection.
23         (b)  Each participant in the Regular Class Optional
24  Retirement Program who has executed a contract may contribute,
25  on a posttax basis, to his or her account under the Regular
26  Class Optional Retirement Program, subject to federal
27  requirements applicable to defined-contribution plans under s.
28  401(a) of the Internal Revenue Code. Interest and investment
29  earnings on such contributions will accrue on a tax-deferred
30  basis until the proceeds are distributed. Participant
31  contributions shall be made by way of salary deduction,
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  undertaken by written agreement between the participant and
 2  his or her employer, and may not exceed the amount contributed
 3  by the employer on behalf of the participant. The employer
 4  shall forward to the division the designated contributions for
 5  each participant of the optional program, and the division
 6  shall forward the contributions to the designated approved
 7  provider or providers contracting for payment of benefits for
 8  the participant under the program.
 9
10  Contributions made under the optional program shall be
11  deposited in the Regular Class Optional Retirement Program
12  Trust Fund established in the State Treasury and administered
13  by the Division of Retirement, and payments shall be made
14  therefrom to the approved providers on behalf of the Regular
15  Class Optional Retirement Program participants.
16         (c)  If a participant in the Regular Class Optional
17  Retirement Program has the opportunity, through his or her
18  employer, to participate in a tax sheltered annuity plan
19  authorized under s. 403(b) of the United States Internal
20  Revenue Code, a deferred compensation plan authorized under s.
21  457 of the United States Internal Revenue Code, or a cash or
22  deferred arrangement available pursuant to s. 401(k) of the
23  United States Internal Revenue Code, the participant may,
24  through salary reduction or deduction, contribute on a pre-tax
25  basis to such other plan, subject to federal limitations.
26         (d)  Employers are responsible for notifying
27  participants regarding maximum contribution levels permitted
28  under the Internal Revenue Code. Individual participants are
29  responsible for monitoring their own employee contributions to
30  the Regular Class Optional Retirement Program, and employer
31  contributions made on their behalf, to ensure that
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  contribution totals do not exceed federally permitted
 2  maximums. If a participant contributes to any other
 3  tax-deferred plan as provided under paragraph (c), he or she
 4  is responsible for ensuring that total contributions made to
 5  the optional program and to any other such plan do not exceed
 6  federally permitted maximums.
 7         (6)  VESTING REQUIREMENTS.--A participant will be fully
 8  or partially vested in the Regular Class Optional Retirement
 9  Program only upon execution of a contract with an approved
10  provider. Subject thereto:
11         (a)  With respect to participant contributions, plus
12  interest and earnings thereon, participants are fully and
13  immediately vested.
14         (b)  With respect to employer contributions made on
15  behalf of the participant, plus interest and earnings thereon,
16  credit toward vesting under the optional program shall be
17  gradually earned, as follows:
18         1.  A participant who completes 2 years of service
19  under the optional program shall be considered to be
20  20-percent vested and is entitled to receive an
21  employer-funded benefit based on 20 percent of the employer
22  contributions made to the participant's account, plus interest
23  and earnings thereon.
24         2.  A member who completes 3 years of service under the
25  optional program shall be considered to be 40-percent vested
26  and is entitled to receive an employer-funded benefit based on
27  40 percent of the employer contributions made to the
28  participant's account, plus interest and earnings thereon.
29         3.  A member who completes 4 years of service under the
30  optional program shall be considered to be 60-percent vested
31  and is entitled to receive an employer-funded benefit based on
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  60 percent of the employer contributions made to the
 2  participant's account, plus interest and earnings thereon.
 3         4.  A member who completes 5 years of service under the
 4  optional program shall be considered to be 80-percent vested
 5  and is entitled to receive an employer-funded benefit based on
 6  80 percent of the employer contributions made to the
 7  participant's account, plus interest and earnings thereon.
 8         5.  Any member who completes 6 years of service under
 9  the optional program shall be considered to be 100-percent
10  vested, or fully vested, and is entitled to receive an
11  employer-funded benefit based on 100 percent of the employer
12  contributions made to the participant's account, plus interest
13  and earnings thereon.
14         (7)  BENEFITS.--Under the Regular Class Optional
15  Retirement Program:
16         (a)  Benefits shall be provided through individual
17  contracts, or individual certificates issued for group
18  contracts, in accordance with s. 401(a) of the Internal
19  Revenue Code.
20         (b)  Benefits shall accrue in individual accounts that
21  are participant-directed, portable, and funded by employer and
22  employee contributions and earnings thereon.
23         (c)  Benefits shall be payable in accordance with the
24  following terms and conditions:
25         1.  Benefits shall be payable only to a fully or
26  partially vested participant as provided in subsection (6), or
27  to his or her beneficiaries as designated by the participant
28  in the contract with an approved provider.
29         2.  Benefits shall be paid only by the designated
30  approved provider in accordance with the terms of the
31  contracts applicable to the participant.
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1         3.  To begin receiving the employer-funded benefits,
 2  the participant must be terminated from all employment with
 3  all Florida Retirement System employers, as provided in s.
 4  121.021(39). If a participant elects to receive his or her
 5  employer-funded benefits upon termination of employment, in
 6  accordance with the terms and conditions of the applicable
 7  provider contract, the participant must submit a written
 8  application to the division indicating his or her preferred
 9  distribution date and selecting an authorized method of
10  distribution as provided in paragraph (d). The division shall
11  forward a copy of such application to each approved provider
12  with which the participant has a contractual relationship
13  under the optional program. The participant may defer receipt
14  of employer-funded benefits until he or she chooses to make
15  such application.
16         4.  Benefits funded by the participant's personal
17  contributions may be paid out by an approved provider, within
18  the limits provided in the contract between the participant
19  and the provider, subject to federal requirements. The
20  participant shall notify the provider regarding the preferred
21  payment date, the amount to be paid out, and the provisions
22  under which he or she wants to receive such benefits. Payment
23  of participant-funded benefits may be deferred until the
24  participant chooses to provide such notice.
25         5.  In the event of a participant's death, moneys
26  accumulated by or on behalf of the participant, less
27  withholding taxes remitted to the Internal Revenue Service,
28  will be distributed to the participant's designated
29  beneficiary or beneficiaries, or to the participant's estate,
30  as if the participant retired on the date of death, as
31  provided in paragraph (e). No other death benefits will be
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  available for survivors of participants under the Regular
 2  Class Optional Retirement Program, except for such benefits,
 3  or coverage for such benefits, as are separately afforded by
 4  the employer, in the employer's discretion.
 5         (d)  Upon receipt by the division of a properly
 6  executed application for distribution of benefits, the total
 7  accumulated employer-funded benefit shall be payable to the
 8  participant, as:
 9         1.  A lifetime annuity payable to the participant. This
10  payment option is not available in the case of a de minimis
11  account;
12         2.  A cash-out of a de minimis account of $5,000 or
13  less, in accordance with rules adopted by the division; or
14         3.  A direct rollover distribution whereby all accrued
15  benefits, plus interest and investment earnings, are paid from
16  the participant's account directly to the custodian of an
17  eligible retirement plan, as defined in s. 402(c)(8)(B) of the
18  Internal Revenue Code, on behalf of the participant.
19         (e)  Survivor benefits shall be payable as:
20         1.  A lifetime annuity payable to the deceased
21  participant's designated beneficiaries. This payment option is
22  not available in the case of a de minimis account;
23         2.  A lump-sum distribution payable to the
24  beneficiaries, or to the deceased participant's estate;
25         3.  An eligible rollover distribution on behalf of the
26  surviving spouse of a deceased participant, whereby all
27  accrued benefits, plus interest and investment earnings, are
28  paid from the deceased participant's account directly to the
29  custodian of an individual retirement account or an individual
30  retirement annuity, as described in s. 402(c)(9) of the
31  Internal Revenue Code, on behalf of the surviving spouse; or
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1         4.  A partial lump-sum payment whereby a portion of the
 2  accrued benefit is paid to the deceased participant's
 3  surviving spouse or other designated beneficiaries, less
 4  withholding taxes remitted to the Internal Revenue Service,
 5  and the remaining amount is transferred directly to the
 6  custodian of an individual retirement account or an individual
 7  retirement annuity, as described in s. 402(c)(9) of the
 8  Internal Revenue Code, on behalf of the surviving spouse. The
 9  proportions must be specified by the participant or the
10  surviving spouse.
11
12  This paragraph does not abrogate other applicable provisions
13  of state or federal law providing for payment of death
14  benefits.
15         (f)  The benefits payable to any person under the
16  Regular Class Optional Retirement Program, and any
17  contributions accumulated under such program, are not subject
18  to assignment, execution, attachment, or any legal process,
19  except for qualified domestic-relations orders by a court of
20  competent jurisdiction, income-deduction orders as provided in
21  s. 61.1301, and federal income tax levies.
22         (8)  ADMINISTRATION OF PROGRAM.--
23         (a)  The Regular Class Optional Retirement Program
24  authorized by this section shall be administered by the
25  division and affected employer agencies. The division shall
26  adopt rules establishing the role and responsibilities of
27  affected state and local government agencies in administering
28  the Regular Class Optional Retirement Program.
29         (b)1.  The division may select and contract with a
30  third-party administrator to provide administrative services,
31  including, but not limited to, services relating to:
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  consolidated billing; individual and collective recordkeeping
 2  and accounting; asset purchase, control, and safekeeping; and
 3  direct disbursement of funds to and from approved providers,
 4  employers, participants, and beneficiaries.
 5         2.  The division shall also select and contract with a
 6  third-party organization to develop and disseminate
 7  educational materials and provide educational services to
 8  employers, eligible employees, participants, and beneficiaries
 9  in order to maintain compliance with United States Department
10  of Labor regulations under section 404(c) of the Employee
11  Retirement Income Security Act of 1974 and to assist employees
12  in their choice of defined-benefit or defined-contribution
13  retirement alternatives. Such materials and services may
14  include, but are not limited to, providing retirement-planning
15  education; explaining the differences between the
16  defined-benefit retirement plan and the defined-contribution
17  retirement plan; and offering financial-planning guidance on
18  matters such as investment diversification, investment risks,
19  investment costs, and asset allocation. An approved provider
20  may not perform this function, but may provide information
21  concerning its products and services.
22
23  As a cost of administration, the division may compensate any
24  such contractor for its services, in accordance with the terms
25  of the contract, as is deemed necessary or proper by the
26  division and the contractor.
27         (c)  The division may authorize an approved provider to
28  make direct disbursement of funds under the optional program
29  to a participant or other beneficiary.
30         (9)  INVESTMENT PROVIDERS; INVESTMENT OPTIONS OR
31  PRODUCTS; PERFORMANCE REVIEW.--
                                  58
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1         (a)  The division shall develop policy and procedures
 2  for selecting investment providers and products from which
 3  contracts may be purchased under the program. The State Board
 4  of Administration may advise the division and make
 5  recommendations with regard to selecting investment providers
 6  and products under subsection (11). In accordance with such
 7  policy and procedures, the division shall, through a
 8  competitive-bidding process, designate up to nine providers,
 9  one of which may be the State Board of Administration, and
10  shall approve the form and content of all investment
11  contracts. Potential provider companies may elect to submit
12  competitive bids or proposals to serve only a specific segment
13  of optional program participants, such as K-12 public school
14  district employees, and nothing in this section shall prohibit
15  the division from selecting one or more such providers as part
16  of the nine providers.
17         (b)  In evaluating and selecting private-sector
18  provider companies and products for the Regular Class Optional
19  Retirement Program, the division shall establish criteria
20  under which it will consider the relative capabilities and
21  qualifications of each proposed provider company. In
22  developing such criteria, the division shall consider:
23         1.  Experience in Florida and other states providing
24  retirement annuities or trusteed mutual fund arrangements or
25  other retirement products and related financial services under
26  defined-contribution pension plans.
27         2.  Financial strength and stability which shall be
28  evidenced by the highest ratings assigned by nationally
29  recognized rating services, when comparing proposed providers
30  that are so rated.
31         3.  Intrastate and interstate portability of the
                                  59
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  product offered, including early withdrawal options.
 2         4.  Compliance with the Internal Revenue Code.
 3         5.  The cost-effectiveness of the products provided,
 4  and the levels of service supporting them, relative to their
 5  benefits and their characteristics, including, without
 6  limitation, the level of risk borne by the provider.
 7         6.  The provider company's ability and willingness to
 8  coordinate its activities with Florida Retirement System
 9  employers and the division, and to supply to such employers
10  and the division the information and data they require.
11         7.  The methods available to participants to interact
12  with the provider company, including the means by which
13  participants may access account information, direct investment
14  of contributions, make changes to their accounts, transfer
15  moneys between available investment vehicles, and transfer
16  moneys between provider companies, and shall consider any fees
17  that apply to such activities.
18         8.  The provider company's policies with respect to the
19  transfer of individual account balances, contributions, and
20  earnings thereon, both internally among investment products
21  offered by the provider company and externally between
22  provider companies, as well as any fees, charges, reductions,
23  or penalties that may be applied.
24         (d)  The division shall consider investment options or
25  products it considers appropriate to give participants the
26  opportunity to accumulate retirement benefits, subject to the
27  following:
28         1.  The Regular Class Optional Retirement Program must
29  offer a diversified mix of investment products.
30         2.  Investment options or products offered by the group
31  of approved providers may include mutual funds, group annuity
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  contracts, individual retirement annuities, interests in
 2  trusts, and other such financial instruments.
 3         (e)  The division shall periodically review the
 4  performance of each approved provider and each approved
 5  product to ensure continued compliance with established
 6  selection criteria and with division policy and procedures.
 7  Providers or products may be terminated, subject to contract
 8  provisions.
 9         (f)  Contracts must be renegotiated every 8 years in
10  order to provide new or different services or products.
11         (10)  CONTRACT REQUIREMENTS.--The division shall ensure
12  that each participant is provided a quarterly statement that
13  accounts for the contributions made by and on behalf of such
14  participants; the interest and investment earnings thereon;
15  and any fees, penalties, or other deductions that apply
16  thereto. At a minimum, such statements must:
17         1.  Indicate the participant's self-directed investment
18  options.
19         2.  State the market value of the account at the close
20  of the current quarter and previous quarter.
21         3.  Show account gains and losses for the period.
22         4.  Itemize account contributions for the quarter.
23         5.  Indicate any account changes due to adjustment of
24  contribution levels, reallocation of contributions, balance
25  transfers, or withdrawals.
26         6.  Set forth any fees, charges, penalties, and other
27  deductions that apply to the account.
28
29  Investment providers shall provide annual summary reports to
30  the division.
31         (11)  STATE BOARD OF ADMINISTRATION TO PROVIDE ADVICE
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  AND ASSISTANCE.--The State Board of Administration shall
 2  assist the division in implementing and administering the
 3  Regular Class Optional Retirement Program.
 4         (a)  At the request of the division, the board shall
 5  review proposals submitted by vendors seeking to become
 6  approved providers for the Regular Class Optional Retirement
 7  Program and shall submit to the division its recommendations
 8  regarding such vendors, based on:
 9         1.  An evaluation of specific investment products
10  proposed to be offered, taking into account each product's
11  track record in meeting its investment return objectives net
12  of all related fees, expenses, and charges, including, but not
13  limited to, investment management fees, loads, distribution
14  and marketing fees, custody fees, recordkeeping fees,
15  education fees, annuity expenses, and consulting fees; and
16         2.  Organizational factors, including, but not limited
17  to, financial solvency, organizational depth, and experience
18  in providing institutional investment services.
19         (b)  Once providers have been selected and approved,
20  the board shall periodically review investment product
21  performance and related organizational factors of the approved
22  providers. The board shall advise the division on the
23  acceptability of all investment products proposed to be
24  offered through contracts to the participants and may advise
25  the division of any changes necessary to ensure that the
26  Regular Class Optional Retirement Program offers a diversified
27  mix of investment products.
28         (c)  The State Board of Administration shall develop
29  and submit to the division its recommendations regarding the
30  form and content of contracts to be offered under the Regular
31  Class Optional Retirement Program. In developing its
                                  62
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  recommendations, the board must consider:
 2         1.  The nature and extent of the rights and benefits to
 3  be afforded participants in relation to the required
 4  contributions under the program; and
 5         2.  The suitability of the rights and benefits to be
 6  afforded participants to the needs of the participants and the
 7  interests of employers in the recruitment and retention of
 8  eligible employees.
 9         (d)  The State Board of Administration shall review
10  proposals submitted by vendors seeking to contract with the
11  division to provide financial advice on retirement planning.
12  The board shall evaluate such proposals based on an assessment
13  of cost, product quality, independence from money-management
14  organizations, and organizational factors, including, but not
15  limited to, customer-service orientation, financial solvency,
16  organizational depth, and experience in providing investment
17  advisory and consulting services. Once a vendor is selected
18  and approved for this purpose, the board shall periodically
19  review the performance and organizational aspects of the
20  approved contractor and shall submit to the division
21  recommended changes necessary to ensure that program
22  participants receive appropriate and cost-effective investment
23  advice.
24
25  The Investment Advisory Council shall review any
26  recommendations of the board prior to submittal to the
27  division. The division shall make the final determination as
28  to whether any investment provider or product, any contractor,
29  or any and all contract provisions will be approved for the
30  program. Upon the recommendation of the Board of Trustees of
31  the State Board of Administration that it offer an optional
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  retirement program that it administers, the Division of
 2  Retirement shall commission an independent third-party firm to
 3  conduct a review of the product to be offered so as to effect
 4  substantial compliance with the provisions of this subsection.
 5         (12)  FEDERAL REQUIREMENTS.--
 6         (a)  Provisions of this section shall be construed, and
 7  the Regular Class Optional Retirement Program shall be
 8  administered, so as to comply with the Internal Revenue Code,
 9  Title 26 U.S.C., and specifically with plan qualification
10  requirements imposed on governmental plans under s. 401(a) of
11  the Internal Revenue Code.
12         (b)  Any section or provision of this chapter which is
13  susceptible to more than one construction must be interpreted
14  in favor of the construction most likely to satisfy
15  requirements imposed by s. 401(a) of the Internal Revenue
16  Code.
17         (c)  Contributions payable under this section for any
18  limitation year may not exceed the maximum amount allowable
19  for qualified defined-contribution pension plans under
20  applicable provisions of the Internal Revenue Code. If an
21  employee who has elected to participate in the Regular Class
22  Optional Retirement Program participates in any other plan
23  that is maintained by the participating employer, benefits
24  that accrue under the Regular Class Optional Retirement
25  Program shall be considered primary for any aggregate
26  limitation applicable under s. 415 of the Internal Revenue
27  Code.
28         (13)  INVESTMENT POLICY STATEMENT.--
29         (a)  Investment products and providers selected for the
30  regular class optional retirement system shall be in
31  conformance with the Regular Class Optional Retirement System
                                  64
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  Investment Policy Statement, herein referred to as the
 2  "Statement," as developed by the executive director of the
 3  State Board of Administration, approved by the board, and
 4  submitted to the Division of Retirement. The Statement must
 5  include, among other items, the investment objectives of the
 6  Regular Class Optional Retirement System; manager selection
 7  and monitoring guidelines; and performance measurement
 8  criteria. As required from time to time, the executive
 9  director of the State Board of Administration may present
10  recommended changes in the Statement to the board for
11  approval.
12         (b)  Prior to any recommended changes in the Statement
13  being presented to the State Board of Administration, the
14  executive director of the board shall present such changes to
15  the Investment Advisory Council for review. The council shall
16  present the results of its review to the board prior to the
17  board's final approval of the Statement or changes in the
18  Statement.
19         (14)  STATEMENT OF FIDUCIARY STANDARDS AND
20  RESPONSIBILITIES.--
21         (a)  Investment of regular class optional retirement
22  program assets shall be made for the sole interest and
23  exclusive purpose of providing benefits to program
24  participants and beneficiaries and defraying reasonable
25  expenses of administering the program. The program's assets
26  are to be invested with the care, skill, and diligence that a
27  prudent person acting in a like manner would undertake. The
28  performance of the above investment duties shall comply with
29  the fiduciary standards set forth in the Employee Retirement
30  Income Security Act of 1974 at 29 U.S.C. s. 1104(a)(1)(A)
31  through (C). In case of conflict with other provisions of law
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  authorizing investments, the investment and fiduciary
 2  standards set forth in this subsection shall prevail.
 3         (b)  The program's investment fiduciaries shall not be
 4  liable for losses to a participant's or beneficiary's account
 5  that result from the participant's or beneficiary's exercise
 6  of control. The assets of the regular class optional
 7  retirement program shall be maintained in compliance with the
 8  United States Department of Labor regulation under section
 9  404(c) of the Employee Retirement Income Security Act of 1974
10  and all applicable laws governing the operation of the
11  program.
12         Section 23.  Subsection (2) of section 112.363, Florida
13  Statutes, 1998 Supplement, is amended to read:
14         112.363  Retiree health insurance subsidy.--
15         (2)  ELIGIBILITY FOR RETIREE HEALTH INSURANCE
16  SUBSIDY.--A person who is retired under a state-administered
17  retirement system, or a beneficiary who is a spouse or
18  financial dependent entitled to receive benefits under a
19  state-administered retirement system, is eligible for health
20  insurance subsidy payments provided under this section; except
21  that pension recipients under ss. 121.055(1)(b)2., 121.36,
22  121.40, 238.07(16)(a), and 250.22, recipients of health
23  insurance coverage under s. 110.1232, or any other special
24  pension or relief act shall not be eligible for such payments.
25  Payment of the retiree health insurance subsidy shall be made
26  only after coverage for health insurance for the retiree or
27  beneficiary has been certified in writing to the Division of
28  Retirement.  Participation in a former employer's group health
29  insurance program is not a requirement for eligibility under
30  this section.  However, participants in the State Community
31  College System Optional Retirement Program as provided in s.
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  121.051(2)(c), the Senior Management Service Optional Annuity
 2  Program as provided in s. 121.055(6), and the State University
 3  System Optional Retirement Program as provided in s. 121.35
 4  shall not receive the retiree health insurance subsidy
 5  provided in this section.  The employer of such participant
 6  shall pay the contributions required in subsection (8) to the
 7  annuity program provided in s. 121.051(2)(c), s.
 8  121.055(6)(d), or s. 121.35(4)(a), as applicable.
 9         Section 24.  In any solicitation or offer of coverage
10  under an optional retirement program, a provider company shall
11  be governed by the contract readability provisions of section
12  627.4145, Florida Statutes, notwithstanding section
13  627.4145(6)(c), Florida Statutes. In addition, all descriptive
14  materials must be prepared under the assumption that the
15  participant is an unsophisticated investor. Provider companies
16  must maintain an internal system of quality assurance, have
17  proven functional systems that are date-calculation compliant,
18  and be subject to a due-diligence inquiry that proves their
19  capacity and fitness to undertake service responsibilities.
20         Section 25.  Paragraph (e) is added to subsection (3)
21  of section 112.363, Florida Statutes, 1998 Supplement, to
22  read:
23         112.363  Retiree health insurance subsidy.--
24         (3)  RETIREE HEALTH INSURANCE SUBSIDY AMOUNT.--
25         (e)  Beginning July 1, 2001, each eligible retiree or,
26  if the retiree is deceased, his or her beneficiary who is
27  receiving a monthly benefit from such retiree's account and
28  who is a spouse, or a person who meets the definition of joint
29  annuitant in s. 121.021(28), shall receive a monthly retiree
30  health insurance subsidy payment equal to the number of years
31  of creditable service, as defined in s. 121.021(17), completed
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  at the time of retirement multiplied by $5. No eligible
 2  retiree or beneficiary may receive a subsidy payment of more
 3  than $150 or less than $30. If there are multiple
 4  beneficiaries, the total payment may not be greater than the
 5  payment to which the retiree was entitled.
 6         Section 26.  Subsections (29) and (45) of section
 7  121.021, Florida Statutes, 1998 Supplement, are amended to
 8  read:
 9         121.021  Definitions.--The following words and phrases
10  as used in this chapter have the respective meanings set forth
11  unless a different meaning is plainly required by the context:
12         (29)  "Normal retirement date" means the first day of
13  any month following the date a member attains one of the
14  following statuses:
15         (a)  If a Regular Class member, the member:
16         1.  Completes 6 10 or more years of creditable service
17  and attains age 62; or
18         2.  Completes 30 years of creditable service,
19  regardless of age, which may include a maximum of 4 years of
20  military service credit as long as such credit is not claimed
21  under any other system.
22         (b)  If a Special Risk Class member, the member:
23         1.  Completes 6 10 or more years of creditable service
24  in the Special Risk Class and attains age 55;
25         2.  Completes 25 years of creditable service in the
26  Special Risk Class, regardless of age; or
27         3.  Completes 25 years of creditable service and
28  attains age 52, which service may include a maximum of 4 years
29  of military service credit as long as such credit is not
30  claimed under any other system and the remaining years are in
31  the Special Risk Class.
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1         (c)  If a Senior Management Service Class member, the
 2  member:
 3         1.  Completes 6 7 years of creditable service in the
 4  Senior Management Service Class and attains age 62; or
 5         2.  Completes 30 years of any creditable service,
 6  regardless of age, which may include a maximum of 4 years of
 7  military service credit as long as such credit is not claimed
 8  under any other system.
 9         (d)  If an Elected State County Officers' Class member,
10  the member:
11         1.  Completes 6 8 years of creditable service in the
12  Elected State and County Officers' Class and attains age 62;
13  or
14         2.  Completes 30 years of any creditable service,
15  regardless of age, which may include a maximum of 4 years of
16  military service credit as long as such credit is not claimed
17  under any other system.
18
19  "Normal retirement age" is attained on the "normal retirement
20  date."
21         (45)(a)  "Vested" or "vesting" means the guarantee that
22  a member is eligible to receive a future retirement benefit
23  upon completion of the required years of creditable service
24  for the employee's class of membership, even though the member
25  may have terminated covered employment before reaching normal
26  or early retirement date. Being vested does not entitle a
27  member to a disability benefit; provisions governing
28  entitlement to disability benefits are set forth under s.
29  121.091(4) based on a disability caused by an injury or
30  disease that occurs after termination of covered employment.
31         (b)  Effective July 1, 2001, a graded vesting system
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  shall be implemented for the Florida Retirement System whereby
 2  any member who is employed in a regularly established position
 3  on or after July 1, 2001, will earn credit toward vesting as
 4  described in paragraph (a), as follows:
 5         1.  Any such member completing 2 years of creditable
 6  service shall be considered to be 20 percent vested and shall
 7  be entitled to a future benefit based on 20 percent of the
 8  retirement credit earned for his or her service.
 9         2.  Any such member completing 3 years of creditable
10  service shall be considered to be 40 percent vested and shall
11  be entitled to a future benefit based on 40 percent of the
12  retirement credit earned for his or her service.
13         3.  Any such member completing 4 years of creditable
14  service shall be considered to be 60 percent vested and shall
15  be entitled to a future benefit based on 60 percent of the
16  retirement credit earned for his or her service.
17         4.  Any such member completing 5 years of creditable
18  service shall be considered to be 80 percent vested and shall
19  be entitled to a future benefit based on 80 percent of the
20  retirement credit earned for his or her service.
21         5.  Any such member completing 6 years of creditable
22  service shall be considered to be 100 percent vested, or fully
23  vested as described in paragraph (a).
24
25  Inactive members will not be considered fully or partially
26  vested solely by operation of the provisions of this
27  paragraph. Any member who is not employed in a regularly
28  established position on July 1, 2001, will be deemed partially
29  or fully vested as provided in this paragraph only upon
30  subsequent employment in a covered position for 1 work year,
31  except that no member may be required to complete more years
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  of creditable service than would have been required for that
 2  member to vest under retirement laws in effect before July 1,
 3  2001.
 4         Section 27.  Paragraph (a) of subsection (7) of section
 5  121.0515, Florida Statutes, 1998 Supplement, is amended to
 6  read:
 7         121.0515  Special risk membership; criteria;
 8  designation and removal of classification; credits for past
 9  service and prior service; retention of special risk normal
10  retirement date.--
11         (7)  RETENTION OF SPECIAL RISK NORMAL RETIREMENT
12  DATE.--
13         (a)  A special risk member who is moved or reassigned
14  to a nonspecial risk law enforcement, firefighting, or
15  correctional administrative support position with the same
16  agency, or who is subsequently employed in such a position
17  with any law enforcement, firefighting, or correctional agency
18  under the Florida Retirement System, shall participate in the
19  Special Risk Administrative Support Class and shall earn
20  credit for such service at the same percentage rate as that
21  earned by a regular member.  Notwithstanding the provisions of
22  subsection (4), service in such an administrative support
23  position shall, for purposes of s. 121.091, apply toward
24  satisfaction of the special risk normal retirement date, as
25  defined in s. 121.021(29)(b), provided that, while in such
26  position, the member remains certified as a law enforcement
27  officer, firefighter, or correctional officer; remains subject
28  to reassignment at any time to a position qualifying for
29  special risk membership; and completes an aggregate of 6 10 or
30  more years of service as a designated special risk member
31  prior to retirement.
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1         Section 28.  Paragraph (d) is added to subsection (5)
 2  of section 121.052, Florida Statutes, 1998 Supplement, and
 3  subsection (8) and paragraphs (b) and (c) of subsection (12)
 4  of that section are amended, to read:
 5         121.052  Membership class of elected officers.--
 6         (5)  UPGRADED SERVICE; PURCHASE OF ADDITIONAL CREDIT.--
 7         (d)  Any member of the Florida Retirement System who
 8  serves as the elected mayor of a consolidated local
 9  government, which government by its charter has chosen status
10  as a municipality rather than a county government for purposes
11  of the state retirement system administered under this
12  chapter, may elect membership in the Elected State and County
13  Officers' Class established by this section for the duration
14  of the term of office. Any such mayor or former mayor shall be
15  eligible for membership in this class for the term of office,
16  provided the member or the local government employer pays the
17  retirement contributions that would have been paid had actual
18  participation commenced at that time, plus interest at 6.5
19  percent compounded each June 30 from date of participation
20  until date of payment. No retirement credit will be allowed
21  under this subsection for any such service which is used to
22  obtain a benefit under any local retirement system.
23         (8)  NORMAL RETIREMENT DATE; VESTING REQUIREMENT.--A
24  member of the Elected State and County Officers' Class shall
25  have the same normal retirement date and vesting requirement
26  as provided defined in s. 121.021(29) and (45) for a member of
27  the regular class of the Florida Retirement System, except
28  that only 8 years of creditable service in this class are
29  needed to attain the normal retirement date specified in s.
30  121.021(29)(a).  Any public service commissioner who was
31  removed from the Elected State Officers' Class on July 1,
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  1979, after attaining at least 8 years of creditable service
 2  in that class shall be considered to have reached the normal
 3  retirement date upon attaining age 62 as required in s.
 4  121.021(29)(a).
 5         (12)  BENEFITS.--
 6         (b)  The benefit provisions of s. 121.091(2)-(6), (8),
 7  (9), and (11), relating to benefits payable for dual normal
 8  retirement ages, early retirement, disability retirement,
 9  termination benefits, optional forms of retirement,
10  designation of beneficiaries, employment after retirement, and
11  method of computing actuarial equivalent, respectively, shall
12  also apply to members of the Elected State and County
13  Officers' Class, except that only 8 years of creditable
14  service in this class are needed to attain the benefits
15  specified in s. 121.091(3) and (5). These provisions shall be
16  construed in such manner as to make them compatible with the
17  provisions of this section.
18         (c)  The benefit provisions of s. 121.091(7), relating
19  to death benefits, shall apply to members of the Elected State
20  and County Officers' Class and shall be construed in such
21  manner as to make them compatible with the provisions of this
22  section; however, only 8 years of creditable service in this
23  class are needed to obtain such benefits, except that:
24         1.  If any elected official dies in office who would
25  have been vested under the Elected State and County Officers'
26  Class, any other class of the Florida Retirement System, or
27  any other state-administered retirement system, if the
28  official had lived to complete his or her term of office, the
29  official's spouse may elect to leave the official's retirement
30  contributions in the retirement trust fund and pay into said
31  fund any required contributions which would have been paid by
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  the officer or the employer had the officer lived to complete
 2  the term of office.
 3         2.  If a deceased member's surviving spouse as
 4  described in subparagraph 1. previously received a refund of
 5  the member's contributions made to the retirement trust fund,
 6  the surviving spouse may pay into the retirement trust fund an
 7  amount equal to the deceased member's contributions previously
 8  refunded, together with interest at 4 percent compounded
 9  annually on the amount of such refunded contributions from the
10  date of refund until July 1, 1975, and at 6.5 percent
11  compounded annually thereafter to the date of payment, plus
12  such additional contributions as may be required under
13  subparagraph 1., in order to become vested, as applicable.
14
15  Upon conclusion of the term of office to which the deceased
16  officer was elected, a spouse who pays into the retirement
17  trust fund such additional or refunded contributions, plus
18  interest, shall be eligible to receive a monthly benefit in
19  the same manner as the surviving spouse of a member who dies
20  after accumulating the required number of years of creditable
21  service as described herein.
22         Section 29.  Paragraph (a) of subsection (1) of section
23  121.053, Florida Statutes, 1998 Supplement, is amended to
24  read:
25         121.053  Participation in the Elected State and County
26  Officers' Class for retired members.--
27         (1)(a)  Any member who retired under any existing
28  system as defined in s. 121.021(2), and receives a benefit
29  thereof, and who serves in an office covered by the Elected
30  State and County Officers' Class for a period of at least 6 8
31  years, shall be entitled to receive an additional retirement
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  benefit for such elected officer service prior to July 1,
 2  1990, under the Elected State and County Officers' Class of
 3  the Florida Retirement System, as follows:
 4         1.  Upon completion of 6 8 or more years of creditable
 5  service in an office covered by the Elected State and County
 6  Officers' Class, s. 121.052, such member shall notify the
 7  administrator of his or her intent to purchase elected officer
 8  service prior to July 1, 1990, and shall pay the member
 9  contribution applicable for the period being claimed, plus 4
10  percent interest compounded annually from the first year of
11  service claimed until July 1, 1975, and 6.5 percent interest
12  compounded annually thereafter, until full payment is made to
13  the Florida Retirement System Trust Fund; however, such member
14  may purchase retirement credit under the Elected State and
15  County Officers' Class only for such service as an elected
16  officer.
17         2.  Upon payment of the amount specified in
18  subparagraph 1., the employer shall pay into the Florida
19  Retirement System Trust Fund the applicable employer
20  contribution for the period of elected officer service prior
21  to July 1, 1990, being claimed by the member, plus 4 percent
22  interest compounded annually from the first year of service
23  claimed until July 1, 1975, and 6.5 percent interest
24  compounded annually thereafter, until full payment is made to
25  the Florida Retirement System Trust Fund.
26         Section 30.  Paragraph (b) of subsection (4) of section
27  121.055, Florida Statutes, 1998 Supplement, is amended to
28  read:
29         121.055  Senior Management Service Class.--There is
30  hereby established a separate class of membership within the
31  Florida Retirement System to be known as the "Senior
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  Management Service Class," which shall become effective
 2  February 1, 1987.
 3         (4)
 4         (b)  Service in an eligible position prior to February
 5  1, 1987, or after January 31, 1987, shall satisfy the
 6  requirement of attaining the normal retirement date as defined
 7  in s. 121.021(29) for a Senior Management Service Class
 8  member, provided the employee is a member of the Senior
 9  Management Service Class after January 31, 1987.  A member of
10  this class who fails to complete 6 7 years of creditable
11  service in an eligible position shall be required to satisfy
12  the requirements for the normal retirement date for a regular
13  member as provided in s. 121.021(29).
14         Section 31.  Paragraph (i) of subsection (1) of section
15  121.081, Florida Statutes, 1998 Supplement, is amended to
16  read:
17         121.081  Past service; prior service;
18  contributions.--Conditions under which past service or prior
19  service may be claimed and credited are:
20         (1)
21         (i)  An employee of a state agency who was a member of
22  a state-administered retirement system and who was granted
23  educational leave with pay pursuant to a written educational
24  leave-with-pay policy may claim such period of educational
25  leave as past service subject to the following conditions:
26         1.  The educational leave must have occurred prior to
27  December 31, 1971;
28         2.  The member must have completed at least 6 10 years
29  of creditable service excluding the period of the educational
30  leave;
31         3.  The employee must have returned to employment with
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  a state agency employer who participated in the retirement
 2  system, which return was immediately upon termination of the
 3  educational leave, and must have remained on the employer's
 4  payroll for at least 30 calendar days following the return to
 5  employment;
 6         4.  The employee must be a member of the Florida
 7  Retirement System at the time he or she claims such service;
 8         5.  Not more than 24 months of creditable service may
 9  be claimed for such period of educational leave with pay;
10         6.  The service must not be claimed under any other
11  state or federal retirement system; and
12         7.  The member must pay to the retirement trust fund
13  for claiming such past-service credit an amount equal to 8
14  percent of his or her gross annual salary immediately prior to
15  the educational leave with pay for each year of past service
16  claimed, plus 4 percent interest thereon compounded annually
17  each June 30 from the first year of service claimed until July
18  1, 1975, and 6.5 percent interest thereafter on the unpaid
19  balance compounded annually each June 30 until paid.
20         Section 32.  Paragraphs (a) and (j) of subsection (4)
21  of section 121.091, Florida Statutes, 1998 Supplement, are
22  amended to read:
23         121.091  Benefits payable under the system.--Benefits
24  may not be paid under this section unless the member has
25  terminated employment as provided in s. 121.021(39)(a) or
26  begun participation in the Deferred Retirement Option Program
27  as provided in subsection (13), and a proper application has
28  been filed in the manner prescribed by the division. The
29  division may cancel an application for retirement benefits
30  when the member or beneficiary fails to timely provide the
31  information and documents required by this chapter and the
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  division's rules. The division shall adopt rules establishing
 2  procedures for application for retirement benefits and for the
 3  cancellation of such application when the required information
 4  or documents are not received.
 5         (4)  DISABILITY RETIREMENT BENEFIT.--
 6         (a)  Disability retirement; entitlement and effective
 7  date.--
 8         1.  A member who becomes totally and permanently
 9  disabled, as defined in paragraph (b), after completing 5
10  years of creditable service, or a member who becomes totally
11  and permanently disabled in the line of duty regardless of
12  service, shall be entitled to a monthly disability benefit;
13  except that any member with less than 5 years of creditable
14  service on July 1, 1980, or any person who becomes a member of
15  the Florida Retirement System on or after such date must have
16  completed 10 years of creditable service prior to becoming
17  totally and permanently disabled in order to receive
18  disability retirement benefits for any disability which occurs
19  other than in the line of duty. However, if a member employed
20  on July 1, 1980, with less than 5 years of creditable service
21  as of that date, becomes totally and permanently disabled
22  after completing 5 years of creditable service and is found
23  not to have attained fully insured status for benefits under
24  the federal Social Security Act, such member shall be entitled
25  to a monthly disability benefit.
26         2.  If the division has received from the employer the
27  required documentation of the member's termination of
28  employment, the effective retirement date for a member who
29  applies and is approved for disability retirement shall be
30  established by rule of the division.
31         3.  For a member who is receiving Workers' Compensation
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  payments, the effective disability retirement date may not
 2  precede the date the member reaches Maximum Medical
 3  Improvement (MMI), unless the member terminates employment
 4  prior to reaching MMI.
 5         (j)  Disability retirement of justice or judge by order
 6  of Supreme Court.--
 7         1.  If a member is a justice of the Supreme Court,
 8  judge of a district court of appeal, circuit judge, or judge
 9  of a county court who has served for 6 10 years or more as an
10  elected constitutional judicial officer, including service as
11  a judicial officer in any court abolished pursuant to Art. V
12  of the State Constitution, and who is retired for disability
13  by order of the Supreme Court upon recommendation of the
14  Judicial Qualifications Commission pursuant to the provisions
15  of Art. V of the State Constitution, the member's Option 1
16  monthly benefit as provided in subparagraph (6)(a)1. shall not
17  be less than two-thirds of his or her monthly compensation as
18  of the member's disability retirement date.  Such a member may
19  alternatively elect to receive a disability retirement benefit
20  under any other option as provided in paragraph (6)(a).
21         2.  Should any justice or judge who is a member of the
22  Florida Retirement System be retired for disability by order
23  of the Supreme Court upon recommendation of the Judicial
24  Qualifications Commission pursuant to the provisions of Art. V
25  of the State Constitution, then all contributions to his or
26  her account and all contributions made on his or her behalf by
27  the employer shall be transferred to and deposited in the
28  General Revenue Fund of the state, and there is hereby
29  appropriated annually out of the General Revenue Fund, to be
30  paid into the Florida Retirement System Fund, an amount
31  necessary to pay the benefits of all justices and judges
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  retired from the Florida Retirement System pursuant to Art. V
 2  of the State Constitution.
 3         Section 33.  Paragraph (b) of subsection (1) of section
 4  121.1115, Florida Statutes, is amended to read:
 5         121.1115  Purchase of retirement credit for
 6  out-of-state and federal service.--Effective January 1, 1995,
 7  a member of the Florida Retirement System may purchase
 8  creditable service for periods of public employment in another
 9  state and receive creditable service for such periods of
10  employment. Service with the Federal Government, including any
11  military service, may be claimed. Upon completion of each year
12  of service earned under the Florida Retirement System, a
13  member may purchase up to 1 year of retirement credit for his
14  or her out-of-state service, subject to the following
15  provisions:
16         (1)  LIMITATIONS AND CONDITIONS.--To receive credit for
17  the out-of-state service:
18         (b)  The member must have completed a minimum of 6 10
19  years of creditable service under the Florida Retirement
20  System, excluding out-of-state service and in-state service
21  claimed and purchased under s. 121.1122.
22         Section 34.  Paragraph (a) of subsection (2) of section
23  121.1122, Florida Statutes, 1998 Supplement, is amended to
24  read:
25         121.1122  Purchase of retirement credit for in-state
26  public service and in-state service in accredited nonpublic
27  schools and colleges, including charter schools and charter
28  technical career centers.--Effective January 1, 1998, a member
29  of the Florida Retirement System may purchase creditable
30  service for periods of certain public or nonpublic employment
31  performed in this state, as provided in this section.
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1         (2)  LIMITATIONS AND CONDITIONS.--
 2         (a)  A member is not eligible to receive credit for
 3  in-state service under this section until he or she has
 4  completed 6 10 years of creditable service under the Florida
 5  Retirement System, excluding service purchased under this
 6  section and out-of-state service claimed and purchased under
 7  s. 121.1115.
 8         Section 35.  Paragraph (a) of subsection (1) of section
 9  121.121, Florida Statutes, 1998 Supplement, is amended to
10  read:
11         121.121  Authorized leaves of absence.--
12         (1)  A member may purchase creditable service for up to
13  2 work years of authorized leaves of absence if:
14         (a)  The member has completed a minimum of 6 10 years
15  of creditable service, excluding periods for which a leave of
16  absence was authorized;
17         (b)  The leave of absence is authorized in writing by
18  the employer of the member and approved by the administrator;
19         (c)  The member returns to active employment performing
20  service with a Florida Retirement System employer in a
21  regularly established position immediately upon termination of
22  the leave of absence and remains on the employer's payroll for
23  1 calendar month, except that a member who retires on
24  disability while on a medical leave of absence shall not be
25  required to return to employment. A member whose work year is
26  less than 12 months and whose leave of absence terminates
27  between school years is eligible to receive credit for the
28  leave of absence as long as he or she returns to the
29  employment of his or her employer at the beginning of the next
30  school year and remains on the employer's payroll for 1
31  calendar month; and
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1         (d)  The member makes the required contributions for
 2  service credit during the leave of absence, which shall be 8
 3  percent until January 1, 1975, and 9 percent thereafter of his
 4  or her rate of monthly compensation in effect immediately
 5  prior to the commencement of such leave for each month of such
 6  period, plus 4 percent interest until July 1, 1975, and 6.5
 7  percent interest thereafter on such contributions, compounded
 8  annually each June 30 from the due date of the contribution to
 9  date of payment. Effective July 1, 1980, any leave of absence
10  purchased pursuant to this section shall be at the
11  contribution rates specified in s. 121.071 in effect at the
12  time the leave is granted for the class of membership from
13  which the leave of absence was granted; however, any member
14  who purchased leave-of-absence credit prior to July 1, 1980,
15  for a leave of absence from a position in a class other than
16  the regular membership class, may pay the appropriate
17  additional contributions plus compound interest thereon and
18  receive creditable service for such leave of absence in the
19  membership class from which the member was granted the leave
20  of absence.
21         Section 36.  The Legislature finds that a proper and
22  legitimate state purpose is served when employees and retirees
23  of the state and of its political subdivisions, and the
24  dependents, survivors, and beneficiaries of such employees and
25  retirees, are extended the basic protections afforded by
26  governmental retirement systems that provide fair and adequate
27  benefits that are managed, administered, and funded in an
28  actuarially sound manner, as required by Section 14 of Article
29  X of the State Constitution and part VII of chapter 112,
30  Florida Statutes. Therefore, the Legislature determines and
31  declares that this act fulfills an important state interest.
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1         Section 37.  The Regular Class Optional Retirement
 2  Program created by this act shall be implemented beginning
 3  July 1, 2001, contingent upon the Division of Retirement
 4  receiving a favorable determination letter and a favorable
 5  private-letter ruling from the Internal Revenue Service before
 6  the end of the regular session of the Legislature held in
 7  2001.
 8         Section 38.  Paragraph (b) of subsection (5) of section
 9  121.091, Florida Statutes, is amended to read:
10         121.091  Benefits payable under the system.--Benefits
11  may not be paid under this section unless the member has
12  terminated employment as provided in s. 121.021(39)(a) or
13  begun participation in the Deferred Retirement Option Program
14  as provided in subsection (13), and a proper application has
15  been filed in the manner prescribed by the division. The
16  division may cancel an application for retirement benefits
17  when the member or beneficiary fails to timely provide the
18  information and documents required by this chapter and the
19  division's rules. The division shall adopt rules establishing
20  procedures for application for retirement benefits and for the
21  cancellation of such application when the required information
22  or documents are not received.
23         (5)  TERMINATION BENEFITS.--
24         (b)  A member whose employment is terminated for any
25  reason other than death or retirement after becoming vested
26  may elect to receive a deferred monthly benefit which shall
27  begin to accrue on the first day of the month of normal or
28  early retirement and shall be payable on the last day of that
29  month and each month thereafter during his or her lifetime.
30  The amount of monthly benefit shall be computed in the same
31  manner as for a normal retirement benefit in accordance with
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  subsection (1) or early retirement benefit in accordance with
 2  s. 121.021(30), but based on average monthly compensation and
 3  creditable service as of the date of termination, which
 4  compensation shall be indexed from the date of termination to
 5  the date of retirement by 3 percent per annum.
 6         Section 39.  Subsection (11) is added to section
 7  216.136, Florida Statutes, 1998 Supplement, to read:
 8         216.136  Consensus estimating conferences; duties and
 9  principals.--
10         (11)  FLORIDA RETIREMENT SYSTEM ACTUARIAL ASSUMPTION
11  CONFERENCE.--
12         (a)  Duties.--The Florida Retirement System Actuarial
13  Assumption Conference shall by consensus develop official
14  information with respect to the economic and noneconomic
15  assumptions and funding methods of the Florida Retirement
16  System necessary to perform the study. Such information shall
17  include an analysis of the actuarial assumptions and actuarial
18  methods and a determination of whether changes to the
19  assumptions or methods need to be made due to experience
20  changes or revised future forecasts.
21         (b)  PRINCIPALS.--The principals of the conference
22  shall include the budget director of the Office of Planning
23  and Budgeting, the executive director of the State Board of
24  Administration, the director of the Division of Retirement,
25  the Coordinator of the Office of Economic and Demographic
26  Research, the staff director of the Senate Committee on
27  Budget, the executive director of the House of Representatives
28  Fiscal Responsibility Council, the staff director of the
29  Senate Committee on Governmental Oversight and Productivity,
30  and the staff director of the House of Representatives
31  Committee on Governmental Operations. The executive director
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  of the State Board of Administration shall preside over
 2  sessions of the conference.
 3         Section 40.  Paragraph (c) is added to subsection (15)
 4  of section 121.021, Florida Statutes, 1998 Supplement, to
 5  read:
 6         121.021 Definitions.--The following words and phrases
 7  as used in this chapter have the respective meanings set forth
 8  unless a different meaning is plainly required by the context:
 9         (15)
10         (c)  Effective October 1, 1999, "special risk member"
11  means a member of the Florida Retirement System who is
12  designated as a special risk member by the division in
13  accordance with s. 121.0515.  Such member must be employed as
14  a law enforcement officer, a firefighter, a correctional
15  officer, an emergency medical technician, or a paramedic and
16  must meet certain other special criteria as set forth in s.
17  121.0515.
18         Section 41.  Subsections (1) and (2) and paragraph (a)
19  of subsection (7) of section 121.0515, Florida Statutes, 1998
20  Supplement, are amended to read:
21         121.0515  Special risk membership; criteria;
22  designation and removal of classification; credits for past
23  service and prior service; retention of special risk normal
24  retirement date.--
25         (1)  LEGISLATIVE INTENT.--In creating the Special Risk
26  Class of membership within the Florida Retirement System, it
27  is the intent and purpose of the Legislature to recognize that
28  persons employed in certain categories of law enforcement,
29  firefighting, and criminal detention, and emergency medical
30  care positions are required as one of the essential functions
31  of their positions to perform work that is physically
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  demanding or arduous, or work that requires extraordinary
 2  agility and mental acuity, and that such persons, because of
 3  diminishing physical and mental faculties, may find that they
 4  are not able, without risk to the health and safety of
 5  themselves, the public, or their coworkers, to continue
 6  performing such duties and thus enjoy the full career and
 7  retirement benefits enjoyed by persons employed in other
 8  positions and that, if they find it necessary, due to the
 9  physical and mental limitations of their age, to retire at an
10  earlier age and usually with less service, they will suffer an
11  economic deprivation therefrom.  Therefore, as a means of
12  recognizing the peculiar and special problems of this class of
13  employees, it is the intent and purpose of the Legislature to
14  establish a class of retirement membership that awards more
15  retirement credit per year of service than that awarded to
16  other employees; however, nothing contained herein shall
17  require ineligibility for special risk membership upon
18  reaching age 55.
19         (2)  CRITERIA.--A member, to be designated as a special
20  risk member, must meet the following criteria:
21         (a)  The member must be employed as a law enforcement
22  officer and be certified, or required to be certified, in
23  compliance with s. 943.1395; however, sheriffs and elected
24  police chiefs shall be excluded from meeting the certification
25  requirements of this paragraph.  In addition, the member's
26  duties and responsibilities must include the pursuit,
27  apprehension, and arrest of law violators or suspected law
28  violators; or the member must be an active member of a bomb
29  disposal unit whose primary responsibility is the location,
30  handling, and disposal of explosive devices; or the member
31  must be the supervisor or command officer of a member or
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  members who have such responsibilities; provided, however,
 2  administrative support personnel, including, but not limited
 3  to, those whose primary duties and responsibilities are in
 4  accounting, purchasing, legal, and personnel, shall not be
 5  included;
 6         (b)  The member must be employed as a firefighter and
 7  be certified, or required to be certified, in compliance with
 8  s. 633.35 and be employed solely within the fire department of
 9  the employer or agency of state government.  In addition, the
10  member's duties and responsibilities must include on-the-scene
11  fighting of fires or direct supervision of firefighting units,
12  or the member must be the supervisor or command officer of a
13  member or members who have such responsibilities; provided,
14  however, administrative support personnel, including, but not
15  limited to, those whose primary duties and responsibilities
16  are in accounting, purchasing, legal, and personnel, shall not
17  be included; or
18         (c)  The member must be employed as a correctional
19  officer and be certified, or required to be certified, in
20  compliance with s. 943.1395.  In addition, the member's
21  primary duties and responsibilities must be the custody, and
22  physical restraint when necessary, of prisoners or inmates
23  within a prison, jail, or other criminal detention facility,
24  or while on work detail outside the facility, or while being
25  transported; or the member must be the supervisor or command
26  officer of a member or members who have such responsibilities;
27  provided, however, administrative support personnel,
28  including, but not limited to, those whose primary duties and
29  responsibilities are in accounting, purchasing, legal, and
30  personnel, shall not be included; however, superintendents and
31  assistant superintendents shall participate in the Special
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  Risk Class; or.
 2         (d)  The member must be employed by a licensed Advance
 3  Life Support (ALS) or Basic Life Support (BLS) employer as an
 4  emergency medical technician or a paramedic and be certified
 5  in compliance with s. 401.27.  In addition, the member's
 6  primary duties and responsibilities must include on-the-scene
 7  emergency medical care.  However, administrative support
 8  personnel, including, but not limited to, those whose primary
 9  responsibilities are in accounting, purchasing, legal, and
10  personnel, shall not be included.
11         (7)  RETENTION OF SPECIAL RISK NORMAL RETIREMENT
12  DATE.--
13         (a)  A special risk member who is moved or reassigned
14  to a nonspecial risk law enforcement, firefighting, or
15  correctional, or emergency medical care administrative support
16  position with the same agency, or who is subsequently employed
17  in such a position with any law enforcement, firefighting, or
18  correctional, or emergency medical care agency under the
19  Florida Retirement System, shall participate in the Special
20  Risk Administrative Support Class and shall earn credit for
21  such service at the same percentage rate as that earned by a
22  regular member.  Notwithstanding the provisions of subsection
23  (4), service in such an administrative support position shall,
24  for purposes of s. 121.091, apply toward satisfaction of the
25  special risk normal retirement date, as defined in s.
26  121.021(29)(b), provided that, while in such position, the
27  member remains certified as a law enforcement officer,
28  firefighter, or correctional officer, emergency medical
29  technician, or paramedic; remains subject to reassignment at
30  any time to a position qualifying for special risk membership;
31  and completes an aggregate of 10 or more years of service as a
                                  88
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  designated special risk member prior to retirement.
 2         Section 42.  The Legislature finds that a proper and
 3  legitimate state purpose is served when employees and retirees
 4  of the state and of its political subdivisions, and the
 5  dependents, survivors, and beneficiaries of such employees and
 6  retirees, are extended the basic protections afforded by
 7  governmental retirement systems that provide fair and adequate
 8  benefits and that are managed, administered, and funded in an
 9  actuarially sound manner, as required by s. 14 of Art. X of
10  the State Constitution and part VII of chapter 112 of the
11  Florida Statutes.  Therefore, the Legislature hereby
12  determines and declares that the provisions of this act
13  fulfill an important state interest.
14         Section 43.  This act shall take effect July 1, 2001,
15  except that this section and sections 22 and 37 shall take
16  effect July 1, 1999; however, the Regular Class Optional
17  Retirement Program created by this act shall not be
18  implemented, nor shall the provisions of this act which
19  provide for improved vesting and indexing of deferred benefits
20  under the Florida Retirement System take effect, until
21  legislation is enacted to properly fund such benefit
22  improvements through adjustments to the contribution rates for
23  the various membership classes of the Florida Retirement
24  System, as required by Article X, Section 14, of the State
25  Constitution. Also, the reenactment of subsection (6) of
26  section 121.051, paragraph (a) of subsection (7) of section
27  121.052, paragraph (a) of subsection (3) of section 121.055,
28  subsection (1) of section 121.071, subsection (12) of section
29  121.40, and subsections (11) and (12) of section 413.051,
30  Florida Statutes, shall operate retroactively to June 7, 1996.
31
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1  ================ T I T L E   A M E N D M E N T ===============
 2  And the title is amended as follows:
 3         Delete everything before the enacting clause
 4
 5  and insert:
 6                      A bill to be entitled
 7         An act relating to state-administered
 8         retirement systems; amending s. 112.63, F.S.;
 9         providing for review and comment on local
10         government retirement system actuarial
11         valuation reports and impact statements on a
12         triennial basis; clarifying the basis of
13         required payments; amending s. 112.65, F.S.;
14         modifying the limitation on benefits for
15         service under more than one retirement system
16         or plan; amending s. 121.011, F.S.; clarifying
17         requirements related to consolidation of
18         existing retirement systems and preservation of
19         rights; amending s. 121.021, F.S.; redefining
20         "creditable service" to conform the definition
21         to existing law; clarifying creditable service
22         provisions for certain school board employees;
23         amending s. 121.031, F.S.; authorizing the
24         Division of Retirement to adopt rules; creating
25         the Florida Retirement System Actuarial
26         Assumption Conference; providing for duties and
27         members; reenacting s. 121.051(6), F.S.,
28         relating to Florida Retirement System
29         membership status of blind vending facility
30         operators; reenacting ss. 121.052(7)(a),
31         121.055(3)(a), and 121.071(1), F.S., relating
                                  90
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1         to contribution rates; amending ss. 121.052,
 2         121.055, and 121.071, F.S., changing
 3         contribution rates for specified classes and
 4         subclasses of the system; correcting an error;
 5         conforming provisions relating to de minimis
 6         accounts to federal law; amending s. 121.081,
 7         F.S.; clarifying provisions relating to past
 8         service and prior service; amending s. 121.091,
 9         F.S.; clarifying proof of disability
10         requirements; modifying provisions relating to
11         death benefits to permit purchase of certain
12         retirement credit by joint annuitants;
13         clarifying the contribution rate and interest
14         required to be paid for such purchases;
15         increasing the age at which a Special Risk
16         Class Member must elect whether to participate
17         in the Deferred Retirement Option Program;
18         updating and correcting references; amending s.
19         121.122, F.S.,; correcting a reference;
20         amending 121.24, F.S.; authorizing the State
21         Retirement Commission to adopt rules; amending
22         s. 121.35, F.S.; conforming provisions relating
23         to de minimis accounts to federal law; amending
24         s. 121.40, F.S., to remove reemployment
25         limitations and reenacting subsection (12),
26         relating to contribution rates for the
27         supplemental retirement program for the
28         Institute of Food and Agricultural Sciences at
29         the University of Florida; reenacting s.
30         413.051(11) and (12), F.S., relating to Florida
31         Retirement System membership eligibility and
                                  91
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1         retirement contribution payments for blind
 2         vending facility operators; amending ss.
 3         175.071 and 185.06, F.S.; providing, with
 4         respect to the board of trustees for municipal
 5         firefighters' pension trust funds and municipal
 6         police officers' retirement trust funds that
 7         the board may invest in corporations on the
 8         National Market System of the Nasdaq Stock
 9         Market; repealing s. 121.027, F.S., amending s.
10         112.18, F.S.; providing presumptions that
11         certain illnesses incurred by law enforcement
12         officers are done so in the line of duty;
13         relating to rulemaking authority for that act;
14         requiring the Board of Trustees of the State
15         Board of Administration to review the actuarial
16         valuation of the Florida Retirement System;
17         requiring the Board to review the process of
18         retirement contribution rates and comment to
19         the legislature; creating s. 121.36, F.S.;
20         creating an optional retirement program for
21         employees who are regular members of the
22         Florida Retirement System; providing
23         eligibility criteria; defining terms; providing
24         that employees may participate in the optional
25         retirement program in lieu of participating in
26         the Florida Retirement System; providing for
27         retention of retirement service credits;
28         providing for transfer of the present value of
29         accrued benefits under the Florida Retirement
30         System; providing requirements for electing the
31         optional program; providing for contributions
                                  92
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1         to the optional program; prescribing vesting
 2         requirements; providing for payment of
 3         benefits; providing for the Division of
 4         Retirement of the Department of Management
 5         Services to administer the program; prescribing
 6         criteria for selecting investment providers and
 7         products and for investment options and
 8         products; providing for performance reviews;
 9         prescribing contract requirements; requiring
10         that the State Board of Administration provide
11         advice and assistance to the division and
12         review proposals; providing for compliance with
13         federal revenue laws; providing an investment
14         policy statement; amending s. 112.363, F.S.;
15         excluding participants from eligibility for
16         certain health insurance subsidies; prescribing
17         standards for contracts and descriptive
18         materials; providing that the act fulfills an
19         important state interest; amending s. 121.021,
20         F.S.; modifying definitions to provide for
21         6-year graded vesting for all members; amending
22         ss. 112.363, 121.0515, 121.052, 121.053,
23         121.055, 121.081, 121.091, 121.1115, 121.1122,
24         121.121, F.S., to conform; providing a
25         contingency for implementation of the program;
26         providing for indexing benefits for early
27         terminators; increasing the employer
28         contribution rate for members of the Regular
29         Class of the Florida Retirement System;
30         amending s. 216.136, F.S.; creating a Florida
31         Retirement System Actuarial Assumption
                                  93
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                                                  SENATE AMENDMENT
    Bill No. HB 1883, 1st Eng.
    Amendment No.    
 1         Conference; providing duties and principals;
 2         amending s. 121.021, F.S.; redefining the term
 3         "special risk member"; amending s. 121.0515,
 4         F.S.; adding to the Special Risk Class of
 5         membership certain emergency medical
 6         technicians and paramedics; providing
 7         legislative intent; providing effective dates.
 8
 9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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29
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