House Bill 1883
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Florida House of Representatives - 1999 HB 1883
By the Committee on Governmental Operations and
Representatives Posey, Ball, Fasano, A. Greene and Hafner
1 A bill to be entitled
2 An act relating to state-administered
3 retirement systems; amending s. 112.63, F.S.;
4 providing for review and comment on local
5 government retirement system actuarial
6 valuation reports and impact statements on a
7 triennial basis; clarifying the basis of
8 required payments; amending s. 112.65, F.S.;
9 modifying the limitation on benefits for
10 service under more than one retirement system
11 or plan; amending s. 121.011, F.S.; clarifying
12 requirements related to consolidation of
13 existing retirement systems and preservation of
14 rights; amending s. 121.021, F.S.; redefining
15 "creditable service" to conform the definition
16 to existing law; clarifying creditable service
17 provisions for certain school board employees;
18 amending s. 121.031, F.S.; authorizing the
19 Division of Retirement to adopt rules; creating
20 the Florida Retirement System Actuarial
21 Assumption Conference; providing for duties and
22 members; reenacting s. 121.051(6), F.S.,
23 relating to Florida Retirement System
24 membership status of blind vending facility
25 operators; reenacting ss. 121.052(7)(a),
26 121.055(3)(a), and 121.071(1), F.S., relating
27 to contribution rates; amending ss. 121.052,
28 121.055, and 121.071, F.S., changing
29 contribution rates for specified classes and
30 subclasses of the system; correcting an error;
31 conforming provisions relating to de minimis
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1 accounts to federal law; amending s. 121.081,
2 F.S.; clarifying provisions relating to past
3 service and prior service; amending s. 121.091,
4 F.S.; clarifying proof of disability
5 requirements; modifying provisions relating to
6 death benefits to permit purchase of certain
7 retirement credit by joint annuitants;
8 clarifying the contribution rate and interest
9 required to be paid for such purchases;
10 updating and correcting references; amending s.
11 121.122, F.S.,; correcting a reference;
12 amending 121.24, F.S.; authorizing the State
13 Retirement Commission to adopt rules; amending
14 s. 121.35, F.S.; conforming provisions relating
15 to de minimis accounts to federal law; amending
16 s. 121.40, F.S., to remove reemployment
17 limitations and reenacting subsection (12),
18 relating to contribution rates for the
19 supplemental retirement program for the
20 Institute of Food and Agricultural Sciences at
21 the University of Florida; reenacting s.
22 413.051(11) and (12), F.S., relating to Florida
23 Retirement System membership eligibility and
24 retirement contribution payments for blind
25 vending facility operators; repealing s.
26 121.027, F.S., relating to rulemaking authority
27 for that act; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31
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1 Section 1. Subsections (4) and (5) of section 112.63,
2 Florida Statutes, are amended to read:
3 112.63 Actuarial reports and statements of actuarial
4 impact; review.--
5 (4) Upon receipt, pursuant to subsection (2), of an
6 actuarial report, or upon receipt, pursuant to subsection (3),
7 of a statement of actuarial impact, the division shall
8 acknowledge such receipt, but shall only review and comment on
9 each retirement system's or plan's the actuarial valuations at
10 least on a triennial basis and statements. If the division
11 finds that the actuarial valuation is not complete, accurate,
12 or based on reasonable assumptions, or if the division does
13 not receive the actuarial report or statement of actuarial
14 impact, the division shall notify the local government and
15 request appropriate adjustment. If, after a reasonable period
16 of time, a satisfactory adjustment is not made, the affected
17 local government or the division may petition for a hearing
18 under the provisions of ss. 120.569 and 120.57. If the
19 administrative law judge recommends in favor of the division,
20 the division shall perform an actuarial review or prepare the
21 statement of actuarial impact. The cost to the division of
22 performing such actuarial review or preparing such statement
23 shall be charged to the governmental entity of which the
24 employees are covered by the retirement system or plan. If
25 payment of such costs is not received by the division within
26 60 days after receipt by the governmental entity of the
27 request for payment, the division shall certify to the
28 Comptroller the amount due, and the Comptroller shall pay such
29 amount to the division from any funds payable to the
30 governmental entity of which the employees are covered by the
31 retirement system or plan. If the administrative law judge
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1 recommends in favor of the local retirement system and the
2 division performs an actuarial review, the cost to the
3 division of performing the actuarial review shall be paid by
4 the division.
5 (5) Payments made to the fund as required by this
6 chapter shall be based on the normal and past service costs
7 contained in the state-accepted version of the most recent
8 actuarial valuation, subject to being state-accepted.
9 Section 2. Subsection (2) of section 112.65, Florida
10 Statutes, is amended to read:
11 112.65 Limitation of benefits.--
12 (2) No member of a retirement system or plan covered
13 by this part who is not now a member of such plan shall be
14 allowed to receive a retirement benefit or pension which is in
15 part or in whole based upon any service with respect to which
16 the member is already receiving, or will receive in the
17 future, a retirement benefit or pension from a different
18 employer's another retirement system or plan. This
19 restriction does not apply to social security benefits or
20 federal benefits under chapter 67, Title 10, U.S. Code.
21 Section 3. Paragraph (b) of subsection (2) of section
22 and paragraph (e) of subsection (3) of section 121.011,
23 Florida Statutes, 1998 Supplement, are amended to read:
24 121.011 Florida Retirement System.--
25 (2) CONSOLIDATION OF EXISTING SYSTEMS AND LAWS.--
26 (b) The chapters or retirement system laws named in
27 paragraph (a) are hereby consolidated as separate instruments
28 appended to the "Florida Retirement System Act" established by
29 this chapter, and the administration of said chapters or
30 retirement systems shall be consolidated with the
31 administration of the Florida Retirement System established by
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1 this chapter, and the Florida Retirement System shall assume
2 all liabilities related to the payment of benefits to members
3 and their beneficiaries under the respective retirement
4 systems of the members and their beneficiaries.
5 (3) PRESERVATION OF RIGHTS.--
6 (e) Any member of the Florida Retirement System or any
7 member of an existing system under this chapter on July 1,
8 1975, who is not retired and who is, has been, or shall be,
9 suspended and reinstated without compensation shall receive
10 retirement service credit for the period of time from the date
11 of suspension to the date of reinstatement, provided:
12 1. The creditable service claimed for the period of
13 suspension does not exceed 24 months;
14 2. The member returns to active employment and remains
15 on the employer's payroll for at least 1 calendar month 30
16 calendar days; and
17 3. The member pays into the Retirement System Trust
18 Fund the total required employer contributions plus the total
19 employee contributions, if applicable, based on the member's
20 monthly compensation in effect for the pay period immediately
21 preceding the period of suspension, prorated for the said
22 period of suspension, plus interest thereon at a rate of 4
23 percent per annum compounded annually until July 1, 1975, and
24 6.5 percent interest thereafter until paid. If permitted by
25 federal law, the member may pay into the Social Security Trust
26 Fund the total cost, if any, of providing social security
27 coverage for the period of suspension if any social security
28 payments have been made by the employer for the benefit of the
29 member during such period. Should there be any conflict as to
30 payment for social security coverage, the payment for
31
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1 retirement service credit shall be made and retirement service
2 credit granted regardless of such conflict.
3 Section 4. Paragraph (a) of subsection (17) of section
4 121.021, Florida Statutes, 1998 Supplement, is amended 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 (17)(a) "Creditable service" of any member means the
10 sum of his or her past service, prior service, military
11 service, out-of-state or non-FRS in-state service, workers'
12 compensation credit, leave-of-absence credit and future
13 service allowed within the provisions of this chapter if all
14 required contributions have been paid and all other
15 requirements of this chapter have been met. However, in no
16 case shall a member receive credit for more than a year's
17 service during any 12-month period. Service by as applied to a
18 teacher, or a nonacademic employee of a school board, or an
19 employee of a participating employer other than a school board
20 whose total employment is to provide services to a school
21 board for the school year only shall be based on contract
22 years of employment or school term years of employment, as
23 provided in chapters 122 and 238, rather than 12-month periods
24 of employment.
25 Section 5. Subsections (1) and (3) of section 121.031,
26 Florida Statutes, are amended to read:
27 121.031 Administration of system; appropriation;
28 oaths; actuarial studies; public records.--
29 (1) The Division of Retirement has the authority to
30 adopt shall make such rules pursuant to ss. 120.54 and
31 120.536(1) to implement the provisions of law conferring
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1 duties upon the division and to adopt rules as are necessary
2 for the effective and efficient administration of this system.
3 The funds to pay the expenses for such administration of the
4 system are hereby appropriated from the interest earned on
5 investments made for the retirement and social security trust
6 funds and the assessments allowed under chapter 650.
7 (3) The administrator shall cause an actuarial study
8 of the system to be made at least once every 2 years and shall
9 report the results of such study to the Legislature by
10 February 1 prior to the next legislative session. Such study
11 shall, at a minimum, conform to the requirements of s. 112.63,
12 with the following exceptions and additions:
13 (a) The study shall, at a minimum, conform to the
14 requirements of s. 112.63, with the following exceptions and
15 additions:
16 1.(a) The valuation of plan assets shall be based on a
17 5-year averaging methodology such as that specified in the
18 United States Department of Treasury Regulations, 26 C.F.R. s.
19 1.412(c)(2)-1, or a similar accepted approach designed to
20 attenuate fluctuations in asset values.
21 2.(b) The study shall include a narrative explaining
22 the changes in the covered group over the period between
23 actuarial valuations and the impact of those changes on
24 actuarial results.
25 3.(c) When substantial changes in actuarial
26 assumptions have been made, the study shall reflect the
27 results of an actuarial assumption as of the current date
28 based on the assumptions utilized in the prior actuarial
29 report.
30 4.(d) The study shall include an analysis of the
31 changes in actuarial valuation results by the factors
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1 generating those changes. Such analysis shall reconcile the
2 current actuarial valuation results with those results from
3 the prior valuation.
4 5.(e) The study shall include measures of funding
5 status and funding progress designed to facilitate the
6 assessment of trends over several actuarial valuations with
7 respect to the overall solvency of the system. Such measures
8 shall be adopted by the division and shall be used
9 consistently in all actuarial valuations performed on the
10 system.
11 (b) The Florida Retirement System Actuarial Assumption
12 Conference which is hereby created shall by consensus develop
13 official information with respect to the economic and
14 noneconomic assumptions and funding methods of the Florida
15 Retirement System necessary to perform the study. Such
16 information shall include: an analysis of the actuarial
17 assumptions and actuarial methods and a determination of
18 whether changes to the assumptions or methods need to be made
19 due to experience changes or revised future forecasts. The
20 members of the conference shall include the budget director of
21 the Office of Planning and Budgeting, the executive director
22 of the State Board of Administration, the director of the
23 Division of Retirement, the Coordinator of the Office of
24 Economic and Demographic Research, the staff director of the
25 Senate Committee on Budget, the executive director of the
26 House of Representatives Fiscal Responsibility Council, the
27 staff director of the Senate Committee on Governmental
28 Oversight and Productivity, and the staff director of the
29 House of Representatives Committee on Governmental Operations.
30 The executive director of the State Board of Administration
31 shall preside over sessions of the conference.
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1 Section 6. Subsection (6) of section 121.051, Florida
2 Statutes, 1998 Supplement, as amended by chapter 96-423, Laws
3 of Florida, is reenacted to read:
4 121.051 Participation in the system.--
5 (6) SEASONAL STATE EMPLOYMENT; BLIND VENDING FACILITY
6 OPERATORS.--
7 (a) Seasonal state employment shall be included under
8 this chapter, and the time limit and procedure for claiming
9 same as set forth in s. 122.07 shall continue under this
10 chapter for those members transferring to this system and for
11 all new members.
12 (b)1. All blind or partially sighted persons employed
13 or licensed by the Division of Blind Services as vending
14 facility operators on or after December 1, 1970, and prior to
15 July 1, 1996, are hereby declared to be state employees within
16 the meaning of this chapter, and all vending facility
17 operators licensed and employed during that period shall be
18 compulsory members of the Florida Retirement System in
19 compliance with this chapter for as long as the member is a
20 vending facility operator, except as provided in subparagraph
21 3.
22 2. Blindness shall not be deemed a retirement
23 disability within the provisions of this chapter for such
24 members as are contemplated by this paragraph.
25 3. Any vending facility operator as described in
26 subparagraph 1. may elect, on or before July 31, 1996, to
27 withdraw from the Florida Retirement System as provided in s.
28 413.051(11). The election to withdraw shall take effect as of
29 July 1, 1996, and the decision to withdraw is irrevocable. A
30 vending facility operator who withdraws from the Florida
31 Retirement System as provided in this subparagraph shall
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1 retain all creditable service earned in the Florida Retirement
2 System through the month that retirement contributions ceased
3 to be reported, and no creditable service shall be earned as a
4 vending facility operator after such month. However, any such
5 person may participate in the Florida Retirement System in the
6 future if employed by a participating employer in a covered
7 position.
8 4. All blind or partially sighted persons employed or
9 licensed by the Division of Blind Services as vending facility
10 operators on or after July 1, 1996, shall be independent
11 contractors within the meaning of this chapter and shall not
12 be eligible for membership in the Florida Retirement System.
13 Section 7. Paragraph (a) of subsection (7) of section
14 121.052, Florida Statutes, 1998 Supplement, as amended by
15 chapters 96-423 nd 98-413, Laws of Florida, is reenacted and
16 amended to read:
17 121.052 Membership class of elected officers.--
18 (7) CONTRIBUTIONS.--
19 (a) The following table states the required retirement
20 contribution rates for members of the Elected Officers' Class
21 and their employers in terms of a percentage of the member's
22 gross compensation. A change in a contribution rate is
23 effective with the first salary paid on or after the beginning
24 date of the change. Contributions shall be made or deducted as
25 may be appropriate for each pay period and are in addition to
26 the contributions required for social security and the Retiree
27 Health Insurance Subsidy Trust Fund.
28
29 Dates of Contribution
30 Rate Changes Members Employers
31
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1 July 1, 1972, through September 30, 1977
2 Legislators 8% 8%
3 All Other Members 8% 8%
4
5 October 1, 1977, through September 30, 1978
6 Legislators 8% 8%
7 All Other Members 4% 12%
8
9 October 1, 1978, through September 30, 1979
10 Legislators 8% 10.57%
11 All Other Members 4% 16.78%
12
13 October 1, 1979, through September 30, 1981
14 Legislators 8% 10.57%
15 Governor, Lt. Governor, Cabinet
16 Officers 4% 16.78%
17 All Other Members 0% 20.78%
18
19 July 1, 1981, through June 30, 1984
20 County Elected Officers 0% 19.30%
21
22 July 1, 1984, through September 30, 1984
23 County Elected Officers 0% 20.25%
24
25 October 1, 1981, through September 30, 1984
26 Legislators 0% 19.30%
27 Governor, Lt. Governor, Cabinet
28 Officers 0% 21.03%
29 State Attorneys, Public Defenders 0% 20.95%
30 Justices, Judges 0% 22.55%
31
11
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1 October 1, 1984, through September 30, 1986
2 Legislators 0% 10.98%
3 Governor, Lt. Governor, Cabinet
4 Officers 0% 10.98%
5 State Attorneys, Public Defenders 0% 10.98%
6 Justices, Judges 0% 21.79%
7 County Elected Officers 0% 16.97%
8
9 October 1, 1986, through December 31, 1988
10 Legislators 0% 11.50%
11 Governor, Lt. Governor, Cabinet
12 Officers 0% 11.50%
13 State Attorneys, Public Defenders 0% 11.50%
14 Justices, Judges 0% 20.94%
15 County Elected Officers 0% 17.19%
16
17 January 1, 1989, through December 31, 1989
18 Legislators 0% 13.70%
19 Governor, Lt. Governor, Cabinet
20 Officers 0% 13.70%
21 State Attorneys, Public Defenders 0% 13.70%
22 Justices, Judges 0% 22.58%
23 County Elected Officers 0% 18.44%
24
25 January 1, 1990, through December 31, 1990
26 Legislators 0% 15.91%
27 Governor, Lt. Governor, Cabinet
28 Officers 0% 15.91%
29 State Attorneys, Public Defenders 0% 15.91%
30 Justices, Judges 0% 24.22%
31 County Elected Officers 0% 19.71%
12
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1
2 January 1, 1991, through December 31, 1991
3 Legislators 0% 17.73%
4 Governor, Lt. Governor, Cabinet
5 Officers 0% 17.73%
6 State Attorneys, Public Defenders 0% 17.73%
7 Justices, Judges 0% 26.63%
8 County Elected Officers 0% 23.32%
9
10 January 1, 1992, through December 31, 1992
11 Legislators 0% 19.94%
12 Governor, Lt. Governor, Cabinet
13 Officers 0% 19.94%
14 State Attorneys, Public Defenders 0% 19.94%
15 Justices, Judges 0% 28.27%
16 County Elected Officers 0% 24.59%
17
18 January 1, 1993, through December 31, 1993
19 Legislators 0% 22.14%
20 Governor, Lt. Governor, Cabinet
21 Officers 0% 22.14%
22 State Attorneys, Public Defenders 0% 22.14%
23 Justices, Judges 0% 29.91%
24 County Elected Officers 0% 25.84%
25
26 January 1, 1994, through December 31, 1994
27 Legislators 0% 22.65%
28 Governor, Lt. Governor, Cabinet
29 Officers 0% 22.65%
30 State Attorneys, Public Defenders 0% 22.65%
31 Justices, Judges 0% 30.52%
13
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1 County Elected Officers 0% 26.07%
2
3 January 1, 1995, through December 31, 1995
4 Legislators 0% 22.80%
5 Governor, Lt. Governor, Cabinet
6 Officers 0% 22.80%
7 State Attorneys, Public Defenders 0% 22.80%
8 Justices, Judges 0% 30.21%
9 County Elected Officers 0% 27.48%
10
11 January 1, 1996, through June 30, 1996
12 Legislators 0% 22.90%
13 Governor, Lt. Governor, Cabinet
14 Officers 0% 22.90%
15 State Attorneys, Public Defenders 0% 22.90%
16 Justices, Judges 0% 30.15%
17 County Elected Officers 0% 27.54%
18
19 July 1, 1996, through June 30, 1998
20 Legislators 0% 23.07%
21 Governor, Lt. Governor, Cabinet
22 Officers 0% 23.07%
23 State Attorneys, Public Defenders 0% 23.07%
24 Justices, Judges 0% 29.55%
25 County Elected Officers 0% 27.33%
26
27 Effective July 1, 1998, through
28 June 30, 1999
29 Legislators 0% 22.33%
30 Governor, Lt. Governor, Cabinet
31 Officers 0% 22.33%
14
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1 State Attorneys, Public Defenders 0% 22.33%
2 Justices, Judges 0% 27.21%
3 County Elected Officers 0% 26.99%
4
5 Effective July 1, 1999
6 Legislators 0% 14.31%
7 Governor, Lt. Governor, Cabinet
8 Officers 0% 14.31%
9 State Attorneys, Public
10 Defenders 0% 14.31%
11 Justices, Judges 0% 20.48%
12 County Elected
13 Officers 0% 17.05%
14
15 Section 8. Paragraph (a) of subsection (3) of section
16 121.055, Florida Statutes, 1998 Supplement, as amended by
17 chapters 96-423 and 98-413, Laws of Florida, is reenacted and
18 amended, and paragraph (e) of subsection (6) of said section
19 is amended, to read:
20 121.055 Senior Management Service Class.--There is
21 hereby established a separate class of membership within the
22 Florida Retirement System to be known as the "Senior
23 Management Service Class," which shall become effective
24 February 1, 1987.
25 (3)(a) The following table states the required
26 retirement contribution rates for members of the Senior
27 Management Service Class and their employers in terms of a
28 percentage of the member's gross compensation. A change in
29 the contribution rate is effective with the first salary paid
30 on or after the beginning date of the change. Contributions
31 shall be made for each pay period and are in addition to the
15
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1 contributions required for social security and the Retiree
2 Health Insurance Subsidy Trust Fund.
3
4 Dates of Contribution
5 Rate Changes Members Employers
6
7 February 1, 1987, through
8 December 31, 1988 0% 13.88%
9 January 1, 1989, through
10 December 31, 1989 0% 14.95%
11 January 1, 1990, through
12 December 31, 1990 0% 16.04%
13 January 1, 1991, through
14 December 31, 1991 0% 18.39%
15 January 1, 1992, through
16 December 31, 1992 0% 19.48%
17 January 1, 1993, through
18 December 31, 1993 0% 20.55%
19 January 1, 1994, through
20 December 31, 1994 0% 23.07%
21 January 1, 1995, through
22 December 31, 1995 0% 23.88%
23 January 1, 1996, through
24 June 30, 1996 0% 24.14%
25 July 1, 1996, through
26 June 30, 1998 0% 21.58%
27 Effective July 1, 1998, through
28 June 30, 1999 0% 23.10%
29 Effective July 1, 1999 0% 11.19%
30
31 (6)
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1 (e) Benefits.--
2 1. Benefits shall be payable under the Senior
3 Management Service Optional Annuity Program only to
4 participants in the program, or their beneficiaries as
5 designated by the participant in the contract with a provider
6 company, and such benefits shall be paid by the designated
7 company in accordance with the terms of the annuity contract
8 or contracts applicable to the participant. A participant must
9 be terminated from all employment with all Florida Retirement
10 System employers as provided in s. 121.021(39) to begin
11 receiving the employer-funded benefit. Benefits funded by
12 employer contributions shall be payable only as a lifetime
13 annuity to the participant, his beneficiary, or his estate,
14 except for:
15 a. A lump-sum payment to the beneficiary upon the
16 death of the participant; or
17 b. A cash-out of a de minimis account upon the request
18 of a former participant who has been terminated for a minimum
19 of 6 months from the employment that entitled him to optional
20 annuity retirement program participation. A de minimis account
21 is an account with a provider company containing employer
22 contributions and accumulated earnings of not more than $5,000
23 $3,500 made under the provisions of this chapter. Such
24 cash-out must be a complete liquidation of the account balance
25 with that company and is subject to the provisions of the
26 Internal Revenue Code.
27 2. The benefits payable to any person under the Senior
28 Management Service Optional Annuity Program, and any
29 contribution accumulated under such program, shall not be
30 subject to assignment, execution, or attachment or to any
31 legal process whatsoever.
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1 3. A participant who receives optional annuity program
2 benefits funded by employer contributions shall be deemed to
3 be retired from a state-administered retirement system in the
4 event of subsequent employment with any employer that
5 participates in the Florida Retirement System.
6 Section 9. Subsection (1) of section 121.071, Florida
7 Statutes, 1998 Supplement, as amended by chapters 96-423 and
8 98-413, Laws of Florida, is reenacted and amended to read:
9 121.071 Contributions.--Contributions to the system
10 shall be made as follows:
11 (1) The following tables state the required retirement
12 contribution rates for members of the Regular Class, Special
13 Risk Class, or Special Risk Administrative Support Class and
14 their employers in terms of a percentage of the member's gross
15 compensation. A change in a contribution rate is effective
16 with the first salary paid on or after the beginning date of
17 the change. Contributions shall be made or deducted as may be
18 appropriate for each pay period and are in addition to the
19 contributions required for social security and the Retiree
20 Health Insurance Subsidy Trust Fund.
21 (a) Retirement contributions for regular members are
22 as follows:
23
24 Dates of Contribution
25 Rate Changes Members Employers
26
27 December 1, 1970, through December
28 31, 1974, for state agencies, state
29 universities, community colleges,
30 and district school boards 4% 4%
31
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1
2 December 1, 1970, through September
3 30, 1975, for all other local
4 government agencies 4% 4%
5
6 January 1, 1975, through September
7 30, 1978, for state agencies and
8 state universities 0% 9%
9
10 January 1, 1975, through July 31,
11 1978, for community colleges and
12 district school boards 0% 9%
13
14 October 1, 1975, through September
15 30, 1978, for all other local
16 government agencies 0% 9%
17
18 August 1, 1978, through September 30,
19 1981, for community colleges and
20 district school boards 0% 9.1%
21
22 October 1, 1978, through September
23 30, 1981, for all other agencies 0% 9.1%
24
25 October 1, 1981, through
26 September 30, 1984 0% 10.93%
27 October 1, 1984, through
28 September 30, 1986 0% 12.24%
29 October 1, 1986, through
30 December 31, 1988 0% 13.14%
31 January 1, 1989, through
19
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1 December 31, 1989 0% 13.90%
2 January 1, 1990, through
3 December 31, 1990 0% 14.66%
4 January 1, 1991, through
5 December 31, 1991 0% 15.72%
6 January 1, 1992, through
7 December 31, 1992 0% 16.51%
8 January 1, 1993, through
9 December 31, 1993 0% 17.27%
10 January 1, 1994, through
11 December 31, 1994 0% 17.10%
12 January 1, 1995, through
13 December 31, 1995 0% 16.91%
14 January 1, 1996, through
15 June 30, 1996 0% 17.00%
16 July 1, 1996, through
17 June 30, 1998 0% 16.77%
18 Effective July 1, 1998, through
19 June 30, 1999 0% 15.51%
20 Effective July 1, 1999 0% 9.21%
21
22 (b) Retirement contributions for special risk members
23 are as follows:
24
25 Dates of Contribution
26 Rate Changes Members Employers
27
28 December 1, 1970, through
29 September 30, 1974 6% 6%
30
31
20
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1
2 October 1, 1974, through December 31,
3 1974, for state agencies, state
4 universities, community colleges,
5 and district school boards 8% 8%
6
7 October 1, 1974, through September
8 30, 1975, for all other local
9 government agencies 8% 8%
10
11 January 1, 1975, through September
12 30, 1978, for state agencies, state
13 universities, community colleges,
14 and district school boards 0% 13%
15
16 October 1, 1975, through September
17 30, 1978, for other local
18 government agencies 0% 13%
19
20 October 1, 1978, through
21 September 30, 1981 0% 13.95%
22 October 1, 1981, through
23 September 30, 1984 0% 13.91%
24 October 1, 1984, through
25 September 30, 1986 0% 14.67%
26 October 1, 1986, through
27 December 31, 1988 0% 15.11%
28 January 1, 1989, through
29 December 31, 1989 0% 17.50%
30 January 1, 1990, through
31 December 31, 1990 0% 19.90%
21
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1 January 1, 1991, through
2 December 31, 1991 0% 25.52%
3 January 1, 1992, through
4 December 31, 1992 0% 26.35%
5 January 1, 1993, through
6 December 31, 1993 0% 27.14%
7 January 1, 1994, through
8 December 31, 1994 0% 27.03%
9 January 1, 1995, through
10 December 31, 1995 0% 26.83%
11 January 1, 1996, through
12 June 30, 1996 0% 26.84%
13 July 1, 1996, through
14 June 30, 1998 0% 26.44%
15 Effective July 1, 1998, through
16 June 30, 199 0% 24.38%
17 Effective July 1, 1999 0% 20.14%
18
19 (c) Retirement contributions for special risk
20 administrative support members are as follows:
21
22 Dates of Contribution
23 Rate Changes Members Employers
24
25 July 1, 1982, through
26 September 30, 1984 0% 11.14%
27 October 1, 1984, through
28 September 30, 1986 0% 13.09%
29 October 1, 1986, through
30 December 31, 1988 0% 15.44%
31 January 1, 1989, through
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1 December 31, 1989 0% 14.76%
2 January 1, 1990, through
3 December 31, 1990 0% 14.09%
4 January 1, 1991, through
5 December 31, 1991 0% 20.16%
6 January 1, 1992, through
7 December 31, 1992 0% 19.51%
8 January 1, 1993, through
9 December 31, 1993 0% 18.83%
10 January 1, 1994, through
11 December 31, 1994 0% 18.59%
12 January 1, 1995, through
13 December 31, 1995 0% 17.81%
14 January 1, 1996, through
15 June 30, 1996 0% 17.80%
16 July 1, 1996, through
17 June 30, 1998 0% 17.20%
18 Effective July 1, 1998, through
19 June 30, 1999 0% 14.64%
20 Effective July 1, 1999 0% 11.53
21
22 Section 10. Paragraph (i) of subsection (1) and
23 subsection (2) of section 121.081, Florida Statutes, 1998
24 Supplement, are amended to read:
25 121.081 Past service; prior service;
26 contributions.--Conditions under which past service or prior
27 service may be claimed and credited are:
28 (1)
29 (i) An employee of a state agency who was a member of
30 a state-administered retirement system and who was granted
31 educational leave with pay pursuant to a written educational
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1 leave-with-pay policy may claim such period of educational
2 leave as past service subject to the following conditions:
3 1. The educational leave must have occurred prior to
4 December 31, 1971;
5 2. The member must have completed at least 10 years of
6 creditable service excluding the period of the educational
7 leave;
8 3. The employee must have returned to employment with
9 a state agency employer who participated in the retirement
10 system, which return was immediately upon termination of the
11 educational leave, and must have remained on the employer's
12 payroll for at least 1 calendar month 30 calendar days
13 following the return to employment;
14 4. The employee must be a member of the Florida
15 Retirement System at the time he or she claims such service;
16 5. Not more than 24 months of creditable service may
17 be claimed for such period of educational leave with pay;
18 6. The service must not be claimed under any other
19 state or federal retirement system; and
20 7. The member must pay to the retirement trust fund
21 for claiming such past-service credit an amount equal to 8
22 percent of his or her gross annual salary immediately prior to
23 the educational leave with pay for each year of past service
24 claimed, plus 4 percent interest thereon compounded annually
25 each June 30 from the first year of service claimed until July
26 1, 1975, and 6.5 percent interest thereafter on the unpaid
27 balance compounded annually each June 30 until paid.
28 (2) Prior service, as defined in s. 121.021(19), may
29 be claimed as creditable service under the Florida Retirement
30 System after a member has been reemployed for 1 complete year
31 of creditable service within a period of 12 consecutive
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1 continuous months, except as provided in paragraph (c).
2 Service performed as a participant of the optional retirement
3 program for the State University System under s. 121.35 or the
4 Senior Management Service Optional Annuity Program under s.
5 121.055 may be used to satisfy the reemployment requirement of
6 1 complete year of creditable service 12-continuous-month
7 requirement. The member shall not be permitted to make any
8 contributions for prior service until after completion of the
9 1 year of creditable service 12-month period. The required
10 contributions for claiming the various types of prior service
11 are:
12 (a) For prior service performed prior to the date the
13 system becomes noncontributory for the member and for which
14 the member had credit under one of the existing retirement
15 systems and received a refund of contributions upon
16 termination of employment, the member shall contribute 4
17 percent of all salary received during the period being
18 claimed, plus 4 percent interest compounded annually from date
19 of refund until July 1, 1975, and 6.5 percent interest
20 compounded annually thereafter, until full payment is made to
21 the Retirement Trust Fund. A member who elected to transfer to
22 the Florida Retirement System from an existing system may
23 receive credit for prior service under the existing system if
24 he or she was eligible under the existing system to claim the
25 prior service at the time of the transfer. Contributions for
26 such prior service shall be determined by the applicable
27 provisions of the system under which the prior service is
28 claimed and shall be paid by the member, with matching
29 contributions paid by the employer at the time the service was
30 performed. Effective July 1, 1978, the account of a person who
31 terminated under s. 238.05(3) may not be charged interest for
25
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1 contributions that remained on deposit in the Annuity Savings
2 Trust Fund established under chapter 238, upon retirement
3 under this chapter or chapter 238.
4 (b) For prior service performed prior to the date the
5 system becomes noncontributory for the member and for which
6 the member had credit under the Florida Retirement System and
7 received a refund of contributions upon termination of
8 employment, the member shall contribute at the rate that was
9 required of him or her during the period of service being
10 claimed, on all salary received during such period, plus 4
11 percent interest compounded annually from date of refund until
12 July 1, 1975, and 6.5 percent interest compounded annually
13 thereafter, until the full payment is made to the Retirement
14 Trust Fund.
15 (c) For prior service as defined in s. 121.021(19)(b)
16 and (c) during which no contributions were made because the
17 member did not participate in a retirement system, the member
18 shall contribute 14.38 percent of all salary received during
19 such period or 14.38 percent of $100 per month during such
20 period, whichever is greater, plus 4 percent interest
21 compounded annually from the first year of service claimed
22 until July 1, 1975, and 6.5 percent interest compounded
23 annually thereafter, until full payment is made to the
24 Retirement Trust Fund.
25 (d) In order to claim credit for prior service as
26 defined in s. 121.021(19)(d) for which no retirement
27 contributions were paid during the period of such service, the
28 member shall contribute the total employee and employer
29 contributions which were required to be made to the Highway
30 Patrol Pension Trust Fund, as provided in chapter 321, during
31 the period claimed, plus 4 percent interest compounded
26
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1 annually from the first year of service until July 1, 1975,
2 and 6.5 percent interest compounded annually thereafter, until
3 full payment is made to the Retirement Trust Fund. However,
4 any governmental entity which employed such member may elect
5 to pay up to 50 percent of the contributions and interest
6 required to purchase this prior service credit.
7 (e) For service performed under the Florida Retirement
8 System after December 1, 1970, that was never reported to the
9 division due to error, retirement credit may be claimed by a
10 member of the Florida Retirement System. The division shall
11 adopt rules establishing criteria for claiming such credit and
12 detailing the documentation required to substantiate the
13 error.
14 (f) The employer may not be required to make
15 contributions for prior service credit for any member, except
16 that the employer shall pay the employer portion of
17 contributions for any legislator who elects to withdraw from
18 the Florida Retirement System and later rejoins the system and
19 pays any employee contributions required in accordance with s.
20 121.052(3)(d).
21 Section 11. Paragraph (c) of subsection (4), paragraph
22 (f) of subsection (7), and subparagraph 5. of paragraph (a)
23 and paragraph (i) of subsection (13) of section 121.091,
24 Florida Statutes, 1998 Supplement, are amended to read:
25 121.091 Benefits payable under the system.--Benefits
26 may not be paid under this section unless the member has
27 terminated employment as provided in s. 121.021(39)(a) or
28 begun participation in the Deferred Retirement Option Program
29 as provided in subsection (13), and a proper application has
30 been filed in the manner prescribed by the division. The
31 division may cancel an application for retirement benefits
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1 when the member or beneficiary fails to timely provide the
2 information and documents required by this chapter and the
3 division's rules. The division shall adopt rules establishing
4 procedures for application for retirement benefits and for the
5 cancellation of such application when the required information
6 or documents are not received.
7 (4) DISABILITY RETIREMENT BENEFIT.--
8 (b) Total and permanent disability.--A member shall be
9 considered totally and permanently disabled if, in the opinion
10 of the administrator, he or she is prevented, by reason of a
11 medically determinable physical or mental impairment, from
12 rendering useful and efficient service as an officer or
13 employee.
14 (c) Proof of disability.--The administrator, before
15 approving payment of any disability retirement benefit, shall
16 require proof that the member is totally and permanently
17 disabled as provided herein:
18 1. Such, which proof shall include the certification
19 of the member's total and permanent disability by two licensed
20 physicians of the state and such other evidence of disability
21 as the administrator may require, including reports from
22 vocational rehabilitation, evaluation, or testing specialists
23 who have evaluated the applicant for employment.
24 2. It must be documented that:
25 a. The member's medical condition occurred or became
26 symptomatic during the time the member was employed in an
27 employee/employer relationship with his or her employer;
28 b. The member was totally and permanently disabled at
29 the time he or she terminated covered employment; and
30 c. The member has not been employed with any other
31 employer after such termination.
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1 3. If the application is for in-line-of-duty
2 disability, in addition to the requirements of subparagraph
3 2., it must be documented by competent medical evidence that
4 the disability was caused by a job-related illness or accident
5 which occurred while the member was in an employee/employer
6 relationship with his or her employer.
7 4. The unavailability of an employment position that
8 the member is physically and mentally capable of performing
9 will not be considered as proof of total and permanent
10 disability.
11 (7) DEATH BENEFITS.--
12 (f) Notwithstanding any other provisions in this
13 chapter to the contrary and upon application to the
14 administrator, an eligible joint annuitant, of a member whose
15 employment is terminated by death within 1 year of such member
16 satisfying the service requirements for vesting and retirement
17 eligibility, shall be permitted to purchase only the
18 additional service credit necessary to vest and qualify for
19 retirement benefits, not to exceed a total of 1 year of
20 credit, by one or a combination of the following methods:
21 1. Such eligible joint annuitant may use the deceased
22 member's accumulated hours of annual, sick, and compensatory
23 leave to purchase additional creditable service, on an hour by
24 hour basis, provided that such deceased member's accumulated
25 leave is sufficient to cover the additional months required.
26 For each month of service credit needed prior to the final
27 month, credit for the total number of work hours in that month
28 must be purchased, using an equal number of the deceased
29 member's accumulated leave hours. Service credit required for
30 the final month in which the deceased member would have become
31 vested shall be awarded upon the purchase of 1 hour of credit.
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1 Such eligible joint annuitant shall pay the contribution rate
2 in effect for the period of time being claimed for at the time
3 of purchase of the deceased member's class of membership,
4 multiplied by such member's monthly salary at the time of
5 death, plus 6.5 percent interest compounded annually. The
6 accumulated leave payment used in the average final
7 compensation shall not include that portion of the payment
8 that represents any leave hours used in the purchase of such
9 creditable service.
10 2. Such eligible joint annuitant may purchase
11 additional months of creditable service, up to a maximum of 1
12 year, for any periods of out-of-state service as provided in
13 s. 121.1115, and or in-state service as provided in s.
14 121.1122, that the deceased member would have been eligible to
15 purchase prior to his or her death.
16
17 Service purchased under this paragraph shall be added to the
18 creditable service of the member and used to vest for
19 retirement eligibility, and shall be used in the calculation
20 of any benefits which may be payable to the eligible joint
21 annuitant. Any benefits paid in accordance with this
22 paragraph shall only be made prospectively.
23 (13) DEFERRED RETIREMENT OPTION PROGRAM.--In general,
24 and subject to the provisions of this section, the Deferred
25 Retirement Option Program, hereinafter referred to as the
26 DROP, is a program under which an eligible member of the
27 Florida Retirement System may elect to participate, deferring
28 receipt of retirement benefits while continuing employment
29 with his or her Florida Retirement System employer. The
30 deferred monthly benefits shall accrue in the System Trust
31 Fund on behalf of the participant, plus interest compounded
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1 monthly, for the specified period of the DROP participation,
2 as provided in paragraph (c). Upon termination of employment,
3 the participant shall receive the total DROP benefits and
4 begin to receive the previously determined normal retirement
5 benefits. Participation in the DROP does not guarantee
6 employment for the specified period of DROP.
7 (a) Eligibility of member to participate in the
8 DROP.--All active Florida Retirement System members in a
9 regularly established position, and all active members of
10 either the Teachers' Retirement System established in chapter
11 238 or the State and County Officers' and Employees'
12 Retirement System established in chapter 122 which systems are
13 consolidated within the Florida Retirement System under s.
14 121.011, are eligible to elect participation in the DROP
15 provided that:
16 5. A DROP participant may change employers while
17 participating in the DROP, subject to the following:
18 a. A change of employment must take place without a
19 break in service so that the member receives salary for each
20 month of continuous DROP participation. If a member receives
21 no salary during a month, DROP participation shall cease
22 unless the employer verifies a continuation of the employment
23 relationship for such participant pursuant to s.
24 121.021(39)(b).
25 b. Such participant and new employer shall notify the
26 division on forms required by the division as to the identity
27 of the new employer.
28 c. The new employer shall acknowledge, in writing, the
29 participant's DROP termination date, which may be extended but
30 not beyond the original 60-month period provided in
31 subparagraph (b)1., shall acknowledge liability for any
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1 additional retirement contributions and interest required if
2 the participant fails to timely terminate employment, and
3 shall be subject to the adjustment required in
4 sub-subparagraph (c)5.4.d.
5 (i) Contributions.--
6 1. All employers paying the salary of a DROP
7 participant filling a regularly established position shall
8 contribute 11.56 percent of such participant's gross
9 compensation, which shall constitute the entire employer DROP
10 contribution with respect to such participant. Such
11 contributions, payable to the System Trust Fund in the same
12 manner as required in s. 121.071, shall be made as appropriate
13 for each pay period and are in addition to contributions
14 required for social security and the Retiree Health Insurance
15 Subsidy Trust Fund. Such employer, social security, and
16 health insurance subsidy contributions are not included in the
17 DROP.
18 2. The employer shall, in addition to subparagraph 1.,
19 also withhold one-half of the entire social security
20 contribution required for the participant. Contributions for
21 social security by each participant and each employer, in the
22 amount required for social security coverage as now or
23 hereafter provided by the federal Social Security Act, shall
24 be in addition to contributions specified in subparagraph 1.
25 3. All employers paying the salary of a DROP
26 participant filling a regularly established position shall
27 contribute the 0.66 percent of such participant's gross
28 compensation required in s. 121.071(4), which shall constitute
29 the employer's health insurance subsidy contribution with
30 respect to such participant. Such contributions shall be
31
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1 deposited by the administrator in the Retiree Health Insurance
2 Subsidy Trust Fund.
3 Section 12. Subsection (3) of section 121.122, Florida
4 Statutes, 1998 Supplement, is amended to read:
5 121.122 Renewed membership in system.--Except as
6 provided in s. 121.053, effective July 1, 1991, any retiree of
7 a state-administered retirement system who is employed in a
8 regularly established position with a covered employer shall
9 be enrolled as a compulsory member of the Regular Class of the
10 Florida Retirement System or, effective July 1, 1997, any
11 retiree of a state-administered retirement system who is
12 employed in a position included in the Senior Management
13 Service Class shall be enrolled as a compulsory member of the
14 Senior Management Service Class of the Florida Retirement
15 System as provided in s. 121.055, and shall be entitled to
16 receive an additional retirement benefit, subject to the
17 following conditions:
18 (3) Such member shall be entitled to purchase
19 additional retirement credit in the Regular Class or the
20 Senior Management Service Class, as applicable, for any
21 postretirement service performed in a regularly established
22 position as follows:
23 (a) For regular class service prior to July 1, 1991,
24 by paying the Regular Class applicable employee and employer
25 contributions for the period being claimed, plus 4 percent
26 interest compounded annually from first year of service
27 claimed until July 1, 1975, and 6.5 percent interest
28 compounded thereafter, until full payment is made to the
29 Florida Retirement System Trust Fund; or
30 (b) For Senior Management Service Class prior to June
31 1, 1997, as provided in s. 121.055(1)(i)(h).
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1
2 The contribution for postretirement service between July 1,
3 1985, and July 1, 1991, for which the reemployed retiree
4 contribution was paid, shall be the difference between such
5 contribution and the total applicable contribution for the
6 period being claimed, plus interest. The employer of such
7 member may pay the applicable employer contribution in lieu of
8 the member. If a member does not wish to claim credit for all
9 of the postretirement service for which he or she is eligible,
10 the service the member claims must be the most recent service.
11 Section 13. Subsection (5) of section 121.24, Florida
12 Statutes, is renumbered as subsection (6), and a new
13 subsection (5) is added to said section, to read:
14 121.24 Conduct of commission business; legal and other
15 assistance; compensation.--
16 (5) The State Retirement Commission has the authority
17 to adopt rules pursuant to ss. 120.54 and 120.536(1) to
18 implement the provisions of law conferring duties upon the
19 commission.
20 Section 14. Paragraph (a) of subsection (5) of section
21 121.35, Florida Statutes, 1998 Supplement, is amended to read:
22 121.35 Optional retirement program for the State
23 University System.--
24 (5) BENEFITS.--
25 (a) Benefits shall be payable under the optional
26 retirement program only to vested participants in the program,
27 or their beneficiaries as designated by the participant in the
28 contract with a provider company, and such benefits shall be
29 paid only by the designated company in accordance with the
30 terms of the annuity contract or contracts applicable to the
31 participant. The participant must be terminated from all
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1 employment with all Florida Retirement System employers, as
2 provided in s. 121.021(39), to begin receiving the
3 employer-funded benefit. Benefits funded by employer
4 contributions shall be payable only as a lifetime annuity to
5 the participant, his beneficiary, or his estate, except for:
6 1. A lump-sum payment to the beneficiary upon the
7 death of the participant; or
8 2. A cash-out of a de minimis account upon the request
9 of a former participant who has been terminated for a minimum
10 of 6 months from the employment that entitled him to optional
11 retirement program participation. A de minimis account is an
12 account with a provider company containing employer
13 contributions and accumulated earnings of not more than $5,000
14 $3,500 made under the provisions of this chapter. Such
15 cash-out must be a complete liquidation of the account balance
16 with that company and is subject to the provisions of the
17 Internal Revenue Code.
18 Section 15. Subsection (11) of section 121.40, Florida
19 Statutes, 1998 Supplement, is amended, and subsection (12) of
20 said section, as amended by chapters 96-423 and 98-413, Laws
21 of Florida, is reenacted to read:
22 121.40 Cooperative extension personnel at the
23 Institute of Food and Agricultural Sciences; supplemental
24 retirement benefits.--
25 (4) ELIGIBILITY FOR SUPPLEMENT.--To be eligible for a
26 benefit pursuant to the provisions of this section, a person
27 must meet all of the following eligibility criteria:
28 (e) The person must not be entitled to any benefit
29 from a state-supported retirement system or from social
30 security based upon service as a cooperative extension
31 employee of the institute. Participation in the Institute of
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1 Food and Agricultural Sciences Supplemental Retirement Program
2 shall not constitute membership in the Florida Retirement
3 System.
4 (11) EMPLOYMENT AFTER RETIREMENT: LIMITATION.--
5 (a) Any person who is receiving a supplemental
6 retirement benefit under this section may be reemployed by any
7 private or public employer after retirement and receive
8 supplemental retirement benefits pursuant to this section and
9 compensation from his or her employer, without any
10 limitations. However, if a retired participant who is
11 receiving a supplemental retirement benefit under this section
12 is reemployed at the institute in a position as a cooperative
13 extension employee of the institute, he or she shall forfeit
14 all rights to supplemental retirement benefits in accordance
15 with the eligibility provisions of subsection (4)(e)., except
16 that no person may receive both a salary from reemployment
17 with any agency participating in the Florida Retirement System
18 and supplemental retirement benefits under this section for a
19 period of 12 months immediately subsequent to the date of
20 retirement.
21 (b) Each person to whom the limitation in paragraph
22 (a) applies who violates such reemployment limitation and who
23 is reemployed with any agency participating in the Florida
24 Retirement System prior to completion of the 12-month
25 limitation period shall give timely notice of this fact in
26 writing to the employer and to the division and shall have his
27 or her supplemental retirement benefits suspended for the
28 balance of the 12-month limitation period. Any person
29 employed in violation of this subsection and any employing
30 agency which knowingly employs or appoints such person without
31 notifying the Division of Retirement to suspend retirement
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1 benefits shall be jointly and severally liable for
2 reimbursement to the retirement trust fund of any benefits
3 paid during the reemployment limitation period. To avoid
4 liability, such employing agency shall have a written
5 statement from the retiree that he or she is not retired from
6 a state-administered retirement system. Any supplemental
7 retirement benefits received while reemployed during this
8 reemployment limitation period shall be repaid to the trust
9 fund, and supplemental retirement benefits shall remain
10 suspended until such repayment has been made. Supplemental
11 benefits suspended beyond the reemployment limitation shall
12 apply toward repayment of supplemental benefits received in
13 violation of the reemployment limitation.
14 (c) The reemployment by an employer participating in
15 the Florida Retirement System of any person receiving
16 supplemental retirement benefits under this section shall have
17 no effect on the amount of the supplemental benefit of that
18 person. Prior to July 1, 1991, upon employment of any person,
19 other than an elected officer as provided in s. 121.053, who
20 is receiving supplemental retirement benefits under this
21 section, the employer shall pay retirement contributions in an
22 amount equal to the unfunded actuarial accrued liability
23 portion of the employer contribution which would be required
24 for regular members of the Florida Retirement System.
25 Effective July 1, 1991, contributions shall be made as
26 provided in s. 121.122 for renewed membership.
27 (d) The limitations of this subsection apply to
28 reemployment in any capacity with an "employer" as defined in
29 s. 121.021(10), irrespective of the category of funds from
30 which the person is compensated.
31 (12) CONTRIBUTIONS.--
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1 (a) For the purposes of funding the supplemental
2 benefits provided by this section, the institute is authorized
3 and required to pay, commencing July 1, 1985, the necessary
4 monthly contributions from its appropriated budget. These
5 amounts shall be paid into the Institute of Food and
6 Agricultural Sciences Supplemental Retirement Trust Fund,
7 which is hereby created.
8 (b) The monthly contributions required to be paid
9 pursuant to paragraph (a) on the gross monthly salaries, from
10 all sources with respect to such employment, paid to those
11 employees of the institute who hold both state and federal
12 appointments and who participate in the federal Civil Service
13 Retirement System shall be as follows:
14
15 Dates of Contribution Percentage
16 Rate Changes Due
17
18 July 1, 1985, through December 31, 1988 6.68%
19 January 1, 1989, through December 31, 1993 6.35%
20 January 1, 1994, through December 31, 1994 6.69%
21 January 1, 1995, through June 30, 1996 6.82%
22 July 1, 1996, through June 30, 1998 5.64%
23 Effective July 1, 1998 7.17%
24
25 Section 16. Subsection (11) of section 413.051,
26 Florida Statutes, 1998 Supplement, as amended by chapter
27 96-423 and subsection (12) of said section, as amended by
28 chapters 96-423 and 98-149, Laws of Florida, are reenacted to
29 read:
30 413.051 Eligible blind persons; operation of vending
31 stands.--
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1 (11) Effective July 1, 1996, blind licensees who
2 remain members of the Florida Retirement System pursuant to s.
3 121.051(6)(b)1. shall pay any unappropriated retirement costs
4 from their net profits or from program income. Within 30 days
5 after the effective date of this act, each blind licensee who
6 is eligible to maintain membership in the Florida Retirement
7 System under s. 121.051(6)(b)1., but who elects to withdraw
8 from the system as provided in s. 121.051(6)(b)3., must, on or
9 before July 31, 1996, notify the Division of Blind Services
10 and the Division of Retirement in writing of his or her
11 election to withdraw. Failure to timely notify the divisions
12 shall be deemed a decision to remain a compulsory member of
13 the Florida Retirement System. However, if, at any time after
14 July 1, 1996, sufficient funds are not paid by a blind
15 licensee to cover the required contribution to the Florida
16 Retirement System, that blind licensee shall become ineligible
17 to participate in the Florida Retirement System on the last
18 day of the first month for which no contribution is made or
19 the amount contributed is insufficient to cover the required
20 contribution. For any blind licensee who becomes ineligible
21 to participate in the Florida Retirement System as described
22 in this subsection, no creditable service shall be earned
23 under the Florida Retirement System for any period following
24 the month that retirement contributions ceased to be reported.
25 However, any such person may participate in the Florida
26 Retirement System in the future if employed by a participating
27 employer in a covered position.
28 (12) The Division of Blind Services may adopt rules to
29 permit the division to establish and maintain vending
30 facilities, issue licenses, establish and maintain a vending
31 facility training program, provide vendors access to financial
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1 data of the program, set aside funds from net proceeds of the
2 vending facility, provide for the transfer and promotion of
3 vendors, establish a vendors committee, provide for an
4 operation agreement, provide duties and responsibilities of
5 the division with respect to the vending facility program, and
6 provide procedures for newspaper vending sales.
7 Section 17. Section 121.027, Florida Statutes, is
8 repealed.
9 Section 18. This act shall take effect upon becoming
10 law, except that the reenactment of subsection (6) of section
11 121.051, paragraph (a) of subsection (7) of section 121.052,
12 paragraph (a) of subsection (3) of section 121.055, subsection
13 (1) of section 121.071, subsection (12) of section 121.40, and
14 subsections (11) and (12) of section 413.051, Florida
15 Statutes, shall operate retroactively to June 7, 1996.
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2 HOUSE SUMMARY
3
Revises provisions of law relating to state-administered
4 retirement systems to:
5 1. Provide for review and comment on local
government retirement system actuarial valuation reports
6 and impact statements on a triennial basis and to provide
clarification on the basis of required payments.
7 2. Modify the limitation on benefits for service
under more than one retirement system or plan.
8 3. Clarify requirements relating to consolidation
of existing systems and preservation of rights.
9 4. Redefine the term "creditable service" under the
Florida Retirement System and clarify creditable service
10 provisions for described school board employees.
5. Revise language to authorize the Division of
11 Retirement to make rules and to create the Florida
Retirement System Actuarial Assumption Conference.
12 6. Revise contribution rates under the Florida
Retirement System.
13 7. Clarify proof of disability requirements, modify
provisions related to death benefits to permit purchase
14 of described retirement credits by joint annuitants, and
clarify the contribution rate and interest required to be
15 paid for such purchases.
8. Authorize the State Retirement Commission to
16 adopt rules.
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See bill for details.
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