Senate Bill 2408

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    Florida Senate - 2000                                  SB 2408

    By Senators Mitchell, Thomas, Webster, Campbell, Silver, King,
    Rossin, Brown-Waite, Casas, Kurth, Saunders, Horne, Forman,
    Clary, Holzendorf, Sebesta, Bronson, Dyer, Childers, Myers,
    Kirkpatrick, Dawson, Meek, Hargrett, Grant, McKay and Jones


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  1                      A bill to be entitled

  2         An act relating to agency reorganization;

  3         transferring the Division of Retirement and its

  4         powers, duties, functions, components, and

  5         assets from the Department of Management

  6         Services to the State Board of Administration;

  7         amending s. 110.205, F.S.; providing status of

  8         division personnel under the Career Service

  9         System; amending ss. 20.22, 20.28, 112.05,

10         112.3173, 112.352, 112.354, 112.356, 112.358,

11         112.361, 112.362, 112.363, 112.625, 112.63,

12         112.64, 112.658, 112.665, 121.021, 121.025,

13         121.031, 121.051, 121.0511, 121.0515, 121.052,

14         121.055, 121.071, 121.081, 121.091, 121.101,

15         121.111, 121.133, 121.135, 121.136, 121.1815,

16         121.1905, 121.192, 121.193, 121.22, 121.23,

17         121.24, 121.30, 121.35, 121.40, 121.45, 122.02,

18         122.03, 122.05, 122.06, 122.07, 122.08, 122.09,

19         122.10, 122.12, 122.13, 122.15, 122.16, 122.23,

20         122.30, 122.34, 122.351, 175.032, 175.1215,

21         185.02, 185.105, 215.20, 215.28, 215.50,

22         238.01, 238.02, 238.03, 238.05, 238.07, 238.08,

23         238.09, 238.10, 238.11, 238.12, 238.14, 238.15,

24         238.171, 238.181, 238.32, 650.02, F.S., to

25         conform to such transfer; providing an

26         effective date.

27

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

29

30         Section 1.  The Division of Retirement of the

31  Department of Management Services is transferred to the State

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  1  Board of Administration. All powers, duties, functions,

  2  records, personnel, property, and unexpended balances of

  3  appropriations, allocations, and other funds relating to the

  4  Division of Retirement are transferred by a type one transfer,

  5  as defined in section 20.06, Florida Statutes, to the State

  6  Board of Administration.

  7         Section 2.  Paragraphs (g) and (h) of subsection (2) of

  8  section 20.22, Florida Statutes, are amended to read:

  9         20.22  Department of Management Services.--There is

10  created a Department of Management Services.

11         (2)  The following divisions and programs within the

12  Department of Management Services are established:

13         (g)  Division of Retirement.

14         (g)(h)  Division of State Group Insurance.

15         Section 3.  Section 20.28, Florida Statutes, is amended

16  to read:

17         20.28  State Board of Administration.--The State Board

18  of Administration, continued by s. 9, Art. XII of the State

19  Constitution, retains all of its powers, duties, and functions

20  as prescribed by law. Within the State Board of

21  Administration, there is established a Division of Retirement,

22  which shall be headed by a director appointed by the board.

23  The director shall be the division's agency head for all

24  purposes in reporting to the board.

25         Section 4.  Paragraph (t) of subsection (2) of section

26  110.205, Florida Statutes, is amended to read:

27         110.205  Career service; exemptions.--

28         (2)  EXEMPT POSITIONS.--The exempt positions which are

29  not covered by this part include the following, provided that

30  no position, except for positions established for a limited

31

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  1  period of time pursuant to paragraph (h), shall be exempted if

  2  the position reports to a position in the career service:

  3         (t)  All officers and employees of the State Board of

  4  Administration and the Division of Retirement. The State Board

  5  of Administration shall set the salaries and benefits of these

  6  positions.

  7         Section 5.  Paragraph (b) of subsection (4) of section

  8  112.05, Florida Statutes, is amended to read:

  9         112.05  Retirement; cost-of-living adjustment;

10  employment after retirement.--

11         (4)

12         (b)  Any person to whom the limitation in paragraph (a)

13  applies who violates such reemployment limitation and is

14  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 of Retirement of

18  the State Board of Administration; and the person's retirement

19  benefits shall be suspended for the balance of the 12-month

20  limitation period.  Any person employed in violation of this

21  subsection and any employing agency which knowingly employs or

22  appoints such person without notifying the Division of

23  Retirement Department of Management Services to suspend

24  retirement benefits shall be jointly and severally liable for

25  reimbursement to the retirement trust fund of any benefits

26  paid during the reemployment limitation period.  To avoid

27  liability, such employing agency shall have a written

28  statement from the retiree that he or she is not retired from

29  a state-administered retirement system.  Any retirement

30  benefits received by such person while reemployed during this

31  limitation period shall be repaid to the retirement trust

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  1  fund, and the retirement benefits shall remain suspended until

  2  such repayment has been made. Any benefits suspended beyond

  3  the reemployment limitation period shall apply toward the

  4  repayment of benefits received in violation of the

  5  reemployment limitation.

  6         Section 6.  Paragraph (d) of subsection (4) of section

  7  112.3173, Florida Statutes, is amended to read:

  8         112.3173  Felonies involving breach of public trust and

  9  other specified offenses by public officers and employees;

10  forfeiture of retirement benefits.--

11         (4)  NOTICE.--

12         (d)  The Commission on Ethics shall forward any notice

13  and any other document received by it pursuant to this

14  subsection to the governing body of the public retirement

15  system of which the public officer or employee is a member or

16  from which the public officer or employee may be entitled to

17  receive a benefit. When called on by the Commission on Ethics,

18  the Division of Retirement of the State Board of

19  Administration Department of Management Services shall assist

20  the commission in identifying the appropriate public

21  retirement system.

22         Section 7.  Subsection (7) of section 112.352, Florida

23  Statutes, is amended to read:

24         112.352  Definitions.--The following words and phrases

25  as used in this act shall have the following meaning unless a

26  different meaning is required by the context:

27         (7)  "Division" "Department" means the Division of

28  Retirement of the State Board of Administration Department of

29  Management Services.

30         Section 8.  Section 112.354, Florida Statutes, is

31  amended to read:

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  1         112.354  Eligibility for supplement.--Each retired

  2  member or, if applicable, a joint annuitant, except any person

  3  receiving survivor benefits under the teachers' retirement

  4  system of the state in accordance with s. 238.07(16), shall be

  5  entitled to receive a supplement computed in accordance with

  6  s. 112.355 upon:

  7         (1)  Furnishing to the division Department of

  8  Management Services evidence from the Social Security

  9  Administration setting forth the retired member's social

10  security benefit or certifying the noninsured status of the

11  retired member under the Social Security Act, and

12         (2)  Filing written application with the division

13  Department of Management Services for such supplement.

14         Section 9.  Section 112.356, Florida Statutes, is

15  amended to read:

16         112.356  Payment of supplement.--Any supplement due and

17  payable under this act shall be paid by the division

18  department or under the direction and control of the division

19  department, based on information furnished by the retired

20  member, or a joint annuitant, and the administrator of the

21  system under which retirement benefits are being paid,

22  beginning on the first day of the month coincident with or

23  next following the later of the effective date of this act and

24  the date of approval of the application for supplement by the

25  division department, and payable thereafter on the first day

26  of each month in the normal or optional form in which

27  retirement benefits under the applicable system are being

28  paid; provided, however, that if application for supplement is

29  made subsequent to December 31, 1967, not more than 6

30  retroactive monthly supplements shall be paid.

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  1         Section 10.  Section 112.358, Florida Statutes, is

  2  amended to read:

  3         112.358  Administration of system.--The division

  4  Department of Management Services shall make such rules and

  5  regulations as are necessary for the effective and efficient

  6  administration of this act and the cost to pay the expenses of

  7  such administration is hereby appropriated out of the

  8  appropriate retirement fund.

  9         Section 11.  Paragraph (g) of subsection (2) and

10  subsections (4), (6), and (8) of section 112.361, Florida

11  Statutes, are amended to read:

12         112.361  Additional and updated supplemental retirement

13  benefits.--

14         (2)  DEFINITIONS.--As used in this section, unless a

15  different meaning is required by the context:

16         (g)  "Division" "Department" means the Division of

17  Retirement of the State Board of Administration Department of

18  Management Services.

19         (4)  ELIGIBILITY FOR SUPPLEMENT.--Each retired member

20  or, if applicable, a joint annuitant, except any person

21  receiving survivor's benefits under the Teachers' Retirement

22  System of the state in accordance with  s. 238.07(16), shall

23  be entitled to receive a supplement computed in accordance

24  with subsection (5), upon:

25         (a)  Furnishing to the division department evidence

26  from the Social Security Administration setting forth the

27  retired member's social security benefit or certifying the

28  noninsured status of the retired member under the Social

29  Security Act, and

30         (b)  Filing written application with the division

31  department for such supplement.

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  1         (6)  PAYMENT OF SUPPLEMENT.--Any supplement due and

  2  payable under this section shall be paid by the division

  3  department or under the direction and control of the division

  4  department, based on information furnished by the retired

  5  member, or a joint annuitant, and the administrator of the

  6  system under which retirement benefits are being paid,

  7  beginning on the first day of the month coincident with or

  8  next following the later of:

  9         (a)  July 1, 1969, or

10         (b)  The date of approval of the application for

11  supplement by the division department,

12

13  and payable thereafter on the first day of each month in the

14  normal or optional form in which retirement benefits under the

15  applicable system are being paid. However, no retroactive

16  monthly supplements shall be paid for any period prior to the

17  date specified in this paragraph.

18         (8)  ADMINISTRATION OF SYSTEM.--The division department

19  shall make such rules as are necessary for the effective and

20  efficient administration of this section, and the cost to pay

21  the expenses of such administration is hereby appropriated out

22  of the appropriate fund pursuant to subsection (7).

23         Section 12.  Paragraphs (a) and (b) of subsection (4)

24  of section 112.362, Florida Statutes, are amended to read:

25         112.362  Recomputation of retirement benefits.--

26         (4)(a)  Effective July 1, 1980, any person who retired

27  prior to July 1, 1987, under a state-supported retirement

28  system with not less than 10 years of creditable service and

29  who is not receiving or entitled to receive federal social

30  security benefits shall, upon reaching 65 years of age and

31  upon application to the division Department of Management

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  1  Services, be entitled to receive a minimum monthly benefit

  2  equal to $16.50 multiplied by the member's total number of

  3  years of creditable service and adjusted by the actuarial

  4  factor applied to the original benefit for optional forms of

  5  retirement.  Thereafter, the minimum monthly benefit shall be

  6  recomputed as provided in paragraph (5)(a). Application for

  7  this minimum monthly benefit shall include certification by

  8  the retired member that he or she is not receiving and is not

  9  entitled to receive social security benefits and shall include

10  written authorization for the division Department of

11  Management Services to have access to information from the

12  Federal Social Security Administration concerning the member's

13  entitlement to or eligibility for social security benefits.

14  The minimum benefit provided by this paragraph shall not be

15  paid unless and until the application requirements of this

16  paragraph are satisfied.

17         (b)  Effective July 1, 1978, the surviving spouse or

18  beneficiary who is receiving or entitled to receive a monthly

19  benefit commencing prior to July 1, 1987, from the account of

20  any deceased retired member who had completed at least 10

21  years of creditable service shall, at the time such deceased

22  retiree would have reached age 65, if living, and, upon

23  application to the division Department of Management Services,

24  be entitled to receive the minimum monthly benefit described

25  in paragraph (a), adjusted by the actuarial factor applied to

26  the optional form of benefit payable to said surviving spouse

27  or beneficiary, provided said person is not receiving or

28  entitled to receive federal social security benefits.

29  Application for this minimum monthly benefit shall include

30  certification by the surviving spouse or beneficiary that he

31  or she is not receiving and is not entitled to receive social

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  1  security benefits and shall include written authorization for

  2  the division Department of Management Services to have access

  3  to information from the Federal Social Security Administration

  4  concerning such person's entitlement to or eligibility for

  5  social security benefits.  The minimum benefit provided by

  6  this paragraph shall not be paid unless and until the

  7  application requirements of this paragraph are satisfied.

  8         Section 13.  Subsections (2), (4), (7), and (8) of

  9  section 112.363, Florida Statutes, are amended to read:

10         112.363  Retiree health insurance subsidy.--

11         (2)  ELIGIBILITY FOR RETIREE HEALTH INSURANCE

12  SUBSIDY.--A person who is retired under a state-administered

13  retirement system, or a beneficiary who is a spouse or

14  financial dependent entitled to receive benefits under a

15  state-administered retirement system, is eligible for health

16  insurance subsidy payments provided under this section; except

17  that pension recipients under ss. 121.40, 238.07(16)(a), and

18  250.22, recipients of health insurance coverage under s.

19  110.1232, or any other special pension or relief act shall not

20  be eligible for such payments.  Payment of the retiree health

21  insurance subsidy shall be made only after coverage for health

22  insurance for the retiree or beneficiary has been certified in

23  writing to the division Department of Management Services.

24  Participation in a former employer's group health insurance

25  program is not a requirement for eligibility under this

26  section. However, participants in the Senior Management

27  Service Optional Annuity Program as provided in s. 121.055(6)

28  and the State University System Optional Retirement Program as

29  provided in s. 121.35 shall not receive the retiree health

30  insurance subsidy provided in this section.  The employer of

31  such participant shall pay the contributions required in

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  1  subsection (8) to the annuity program provided in s.

  2  121.055(6)(d) or s. 121.35(4)(a), as applicable.

  3         (4)  PAYMENT OF RETIREE HEALTH INSURANCE

  4  SUBSIDY.--Beginning January 1, 1988, any monthly retiree

  5  health insurance subsidy amount due and payable under this

  6  section shall be paid to retired members by the division

  7  Department of Management Services or under the direction and

  8  control of the division department.

  9         (7)  ADMINISTRATION OF SYSTEM.--The division Department

10  of Management Services may adopt such rules and regulations as

11  are necessary for the effective and efficient administration

12  of this section. The cost of administration shall be

13  appropriated from the trust fund.

14         (8)  CONTRIBUTIONS.--For purposes of funding the

15  insurance subsidy provided by this section:

16         (a)  Beginning October 1, 1987, the employer of each

17  member of a state-administered retirement plan shall

18  contribute 0.24 percent of gross compensation each pay period.

19         (b)  Beginning January 1, 1989, the employer of each

20  member of a state-administered retirement plan shall

21  contribute 0.48 percent of gross compensation each pay period.

22         (c)  Beginning January 1, 1994, the employer of each

23  member of a state-administered retirement plan shall

24  contribute 0.56 percent of gross compensation each pay period.

25         (d)  Beginning January 1, 1995, the employer of each

26  member of a state-administered retirement plan shall

27  contribute 0.66 percent of gross compensation each pay period.

28         (e)  Beginning July 1, 1998, the employer of each

29  member of a state-administered retirement plan shall

30  contribute 0.94 percent of gross compensation each pay period.

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  1  Such contributions shall be submitted to the division

  2  Department of Management Services and deposited in the Retiree

  3  Health Insurance Subsidy Trust Fund.

  4         Section 14.  Subsection (9) is added to section

  5  112.625, Florida Statutes, to read:

  6         112.625  Definitions.--As used in this act:

  7         (9)  "Division" means the Division of Retirement of the

  8  State Board of Administration.

  9         Section 15.  Subsections (2) and (4) of section 112.63,

10  Florida Statutes, are amended to read:

11         112.63  Actuarial reports and statements of actuarial

12  impact; review.--

13         (2)  The frequency of actuarial reports must be at

14  least every 3 years commencing from the last actuarial report

15  of the plan or system or October 1, 1980, if no actuarial

16  report has been issued within the 3-year period prior to

17  October 1, 1979. The results of each actuarial report shall be

18  filed with the plan administrator within 60 days of

19  certification. Thereafter, the results of each actuarial

20  report shall be made available for inspection upon request.

21  Additionally, each retirement system or plan covered by this

22  act which is not administered directly by the division

23  Department of Management Services shall furnish a copy of each

24  actuarial report to the division Department of Management

25  Services within 60 days after receipt from the actuary. The

26  requirements of this section are supplemental to actuarial

27  valuations necessary to comply with the requirements of ss.

28  11.45 and 218.32.

29         (4)  Upon receipt, pursuant to subsection (2), of an

30  actuarial report, or upon receipt, pursuant to subsection (3),

31  of a statement of actuarial impact, the division Department of

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  1  Management Services shall acknowledge such receipt, but shall

  2  only review and comment on each retirement system's or plan's

  3  actuarial valuations at least on a triennial basis.  If the

  4  division department finds that the actuarial valuation is not

  5  complete, accurate, or based on reasonable assumptions, or if

  6  the division department does not receive the actuarial report

  7  or statement of actuarial impact, the division department

  8  shall notify the local government and request appropriate

  9  adjustment. If, after a reasonable period of time, a

10  satisfactory adjustment is not made, the affected local

11  government or the division department may petition for a

12  hearing under the provisions of ss. 120.569 and 120.57. If the

13  administrative law judge recommends in favor of the division

14  department, the division department shall perform an actuarial

15  review or prepare the statement of actuarial impact. The cost

16  to the division department of performing such actuarial review

17  or preparing such statement shall be charged to the

18  governmental entity of which the employees are covered by the

19  retirement system or plan.  If payment of such costs is not

20  received by the division department within 60 days after

21  receipt by the governmental entity of the request for payment,

22  the division department shall certify to the Comptroller the

23  amount due, and the Comptroller shall pay such amount to the

24  division department from any funds payable to the governmental

25  entity of which the employees are covered by the retirement

26  system or plan.  If the administrative law judge recommends in

27  favor of the local retirement system and the division

28  department performs an actuarial review, the cost to the

29  division department of performing the actuarial review shall

30  be paid by the division department.

31

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  1         Section 16.  Subsection (1) of section 112.64, Florida

  2  Statutes, is amended to read:

  3         112.64  Administration of funds; amortization of

  4  unfunded liability.--

  5         (1)  Employee contributions shall be deposited in the

  6  retirement system or plan at least monthly. Employer

  7  contributions shall be deposited at least quarterly; however,

  8  any revenues received from any source by an employer which are

  9  specifically collected for the purpose of allocation for

10  deposit into a retirement system or plan shall be so deposited

11  within 30 days of receipt by the employer.  All employers and

12  employees participating in the Florida Retirement System and

13  other existing retirement systems which are administered by

14  the division Department of Management Services shall continue

15  to make contributions at least monthly.

16         Section 17.  Subsections (1) and (3) of section

17  112.658, Florida Statutes, are amended to read:

18         112.658  Office of Program Policy Analysis and

19  Government Accountability to determine compliance of the

20  Florida Retirement System.--

21         (1)  The Office of Program Policy Analysis and

22  Government Accountability shall determine, through the

23  examination of actuarial reviews, financial statements, and

24  the practices and procedures of the Division of Retirement

25  Department of Management Services, the compliance of the

26  Florida Retirement System with the provisions of this act.

27         (3)  The Office of Program Policy Analysis and

28  Government Accountability shall employ the same actuarial

29  standards to monitor the division Department of Management

30  Services as the division Department of Management Services

31  uses to monitor local governments.

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  1         Section 18.  Section 112.665, Florida Statutes, is

  2  amended to read:

  3         112.665  Duties of Division of Retirement Department of

  4  Management Services.--

  5         (1)  The Division of Retirement Department of

  6  Management Services shall:

  7         (a)  Gather, catalog, and maintain complete,

  8  computerized data information on all public employee

  9  retirement systems or plans in the state, based upon a review

10  of audits, reports, and other data pertaining to the systems

11  or plans;

12         (b)  Receive and comment upon all actuarial reviews of

13  retirement systems or plans maintained by units of local

14  government;

15         (c)  Cooperate with local retirement systems or plans

16  on matters of mutual concern and provide technical assistance

17  to units of local government in the assessment and revision of

18  retirement systems or plans;

19         (d)  Issue, by January 1 annually, a report to the

20  President of the Senate and the Speaker of the House of

21  Representatives, which report details division activities,

22  findings, and recommendations concerning all governmental

23  retirement systems. The report may include legislation

24  proposed to carry out such recommendations;

25         (e)  Issue, by January 1 annually, a report to the

26  Special District Information Program of the Department of

27  Community Affairs that includes the participation in and

28  compliance of special districts with the local government

29  retirement system provisions in s. 112.63 and the

30  state-administered retirement system provisions as specified

31  in chapter 121; and

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  1         (f)  Adopt reasonable rules to administer the

  2  provisions of this part.

  3         (2)  The division department may subpoena actuarial

  4  witnesses, review books and records, hold hearings, and take

  5  testimony.  A witness shall have the right to be accompanied

  6  by counsel.

  7         Section 19.  Subsections (4), (5), and (32) of section

  8  121.021, Florida Statutes, are amended to 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         (4)  "Division" "Department" means the Division of

13  Retirement of the State Board of Administration Department of

14  Management Services.

15         (5)  "Administrator" means the director secretary of

16  the Division of Retirement Department of Management Services.

17         (32)  "State agency" means the Division of Retirement

18  Department of Management Services within the provisions and

19  contemplation of chapter 650.

20         Section 20.  Section 121.025, Florida Statutes, is

21  amended to read:

22         121.025  Administrator; powers and duties.--The

23  director secretary of the Division of Retirement Department of

24  Management Services shall be the administrator of the

25  retirement and pension systems assigned or transferred to the

26  division Department of Management Services by law and shall

27  have the authority to sign the contracts necessary to carry

28  out the duties and responsibilities assigned by law to the

29  division Department of Management Services.

30         Section 21.  Subsections (1), (2), and (5) of section

31  121.031, Florida Statutes, are amended to read:

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  1         121.031  Administration of system; appropriation;

  2  oaths; actuarial studies; public records.--

  3         (1)  The division Department of Management Services has

  4  the authority to adopt rules pursuant to ss. 120.536(1) and

  5  120.54 to implement the provisions of law conferring duties

  6  upon the division and to adopt rules as are necessary for the

  7  effective and efficient administration of this system. The

  8  funds to pay the expenses for administration of the system are

  9  hereby appropriated from the interest earned on investments

10  made for the retirement and social security trust funds and

11  the assessments allowed under chapter 650.

12         (2)  The division Department of Management Services is

13  authorized to require oaths, by affidavit or otherwise, and

14  acknowledgments from persons in connection with the

15  administration of its duties and responsibilities under this

16  chapter.

17         (5)  The names and addresses of retirees are

18  confidential and exempt from the provisions of s. 119.07(1) to

19  the extent that no state or local governmental agency may

20  provide the names or addresses of such persons in aggregate,

21  compiled, or list form to any person except to a public agency

22  engaged in official business.  However, a state or local

23  government agency may provide the names and addresses of

24  retirees from that agency to a bargaining agent as defined in

25  s. 447.203(12) or to a retiree organization for official

26  business use.  Lists of names or addresses of retirees may be

27  exchanged by public agencies, but such lists shall not be

28  provided to, or open for inspection by, the public.  Any

29  person may view or copy any individual's retirement records at

30  the division Department of Management Services, one record at

31  a time, or may obtain information by a separate written

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  1  request for a named individual for which information is

  2  desired.

  3         Section 22.  Paragraph (c) of subsection (1) and

  4  paragraphs (b) and (f) of subsection (2) of section 121.051,

  5  Florida Statutes, are amended to read:

  6         121.051  Participation in the system.--

  7         (1)  COMPULSORY PARTICIPATION.--

  8         (c)1.  After June 30, 1983, a member of an existing

  9  system who is reemployed after terminating employment shall

10  have at the time of reemployment the option of selecting to

11  remain in the existing retirement system or to transfer to the

12  Florida Retirement System.  Failure to submit such selection

13  in writing to the division Department of Management Services

14  within 6 months of reemployment shall result in compulsory

15  membership in the Florida Retirement System.

16         2.  After June 30, 1988, the provisions of subparagraph

17  1. shall not apply to a member of an existing system who is

18  reemployed within 12 months after terminating employment. Such

19  member shall continue to have membership in the existing

20  system upon reemployment and shall not be permitted to become

21  a member of the Florida Retirement System, except by

22  transferring to that system as provided in ss. 121.052 and

23  121.055.

24         (2)  OPTIONAL PARTICIPATION.--

25         (b)1.  The governing body of any municipality or

26  special district in the state may elect to participate in the

27  system upon proper application to the administrator and may

28  cover all or any of its units as approved by the Secretary of

29  Health and Human Services and the administrator. Prior to

30  being approved for participation in the Florida Retirement

31  System, the governing body of any such municipality or special

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  1  district that has a local retirement system shall submit to

  2  the administrator a certified financial statement showing the

  3  condition of the local retirement system as of a date within 3

  4  months prior to the proposed effective date of membership in

  5  the Florida Retirement System. The statement must be certified

  6  by a recognized accounting firm that is independent of the

  7  local retirement system. All required documents necessary for

  8  extending Florida Retirement System coverage must be received

  9  by the division department for consideration at least 15 days

10  prior to the proposed effective date of coverage. If the

11  municipality or special district does not comply with this

12  requirement, the division department may require that the

13  effective date of coverage be changed.

14         2.  Any city or special district that has an existing

15  retirement system covering the employees in the units that are

16  to be brought under the Florida Retirement System may

17  participate only after holding a referendum in which all

18  employees in the affected units have the right to participate.

19  Only those employees electing coverage under the Florida

20  Retirement System by affirmative vote in said referendum shall

21  be eligible for coverage under this chapter, and those not

22  participating or electing not to be covered by the Florida

23  Retirement System shall remain in their present systems and

24  shall not be eligible for coverage under this chapter. After

25  the referendum is held, all future employees shall be

26  compulsory members of the Florida Retirement System.

27         3.  The governing body of any city or special district

28  complying with subparagraph 1. may elect to provide, or not

29  provide, benefits based on past service of officers and

30  employees as described in s. 121.081(1). However, if such

31  employer elects to provide past service benefits, such

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  1  benefits must be provided for all officers and employees of

  2  its covered group.

  3         4.  Once this election is made and approved it may not

  4  be revoked, except pursuant to subparagraphs 5. and 6., and

  5  all present officers and employees electing coverage under

  6  this chapter and all future officers and employees shall be

  7  compulsory members of the Florida Retirement System.

  8         5.  Subject to the conditions set forth in subparagraph

  9  6., the governing body of any hospital licensed under chapter

10  395 which is governed by the board of a special district as

11  defined in s. 189.403(1) or by the board of trustees of a

12  public health trust created under s. 154.07, hereinafter

13  referred to as "hospital district," and which participates in

14  the system, may elect to cease participation in the system

15  with regard to future employees in accordance with the

16  following procedure:

17         a.  No more than 30 days and at least 7 days before

18  adopting a resolution to partially withdraw from the Florida

19  Retirement System and establish an alternative retirement plan

20  for future employees, a public hearing must be held on the

21  proposed withdrawal and proposed alternative plan.

22         b.  From 7 to 15 days before such hearing, notice of

23  intent to withdraw, specifying the time and place of the

24  hearing, must be provided in writing to employees of the

25  hospital district proposing partial withdrawal and must be

26  published in a newspaper of general circulation in the area

27  affected, as provided by ss. 50.011-50.031.  Proof of

28  publication of such notice shall be submitted to the division

29  Department of Management Services.

30         c.  The governing body of any hospital district seeking

31  to partially withdraw from the system must, before such

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  1  hearing, have an actuarial report prepared and certified by an

  2  enrolled actuary, as defined in s. 112.625(3), illustrating

  3  the cost to the hospital district of providing, through the

  4  retirement plan that the hospital district is to adopt,

  5  benefits for new employees comparable to those provided under

  6  the Florida Retirement System.

  7         d.  Upon meeting all applicable requirements of this

  8  subparagraph, and subject to the conditions set forth in

  9  subparagraph 6., partial withdrawal from the system and

10  adoption of the alternative retirement plan may be

11  accomplished by resolution duly adopted by the hospital

12  district board.  The hospital district board must provide

13  written notice of such withdrawal to the division by mailing a

14  copy of the resolution to the division, postmarked no later

15  than December 15, 1995.  The withdrawal shall take effect

16  January 1, 1996.

17         6.  Following the adoption of a resolution under

18  sub-subparagraph 5.d., all employees of the withdrawing

19  hospital district who were participants in the Florida

20  Retirement System prior to January 1, 1996, shall remain as

21  participants in the system for as long as they are employees

22  of the hospital district, and all rights, duties, and

23  obligations between the hospital district, the system, and the

24  employees shall remain in full force and effect. Any employee

25  who is hired or appointed on or after January 1, 1996, may not

26  participate in the Florida Retirement System, and the

27  withdrawing hospital district shall have no obligation to the

28  system with respect to such employees.

29         (f)  Whenever an employer that participates in the

30  Florida Retirement System undertakes the transfer, merger, or

31  consolidation of governmental services or functions, the

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  1  employer must notify the division department at least 60 days

  2  prior to such action and shall provide documentation as

  3  required by the division department.

  4         Section 23.  Subsection (2) of section 1121.0511,

  5  Florida Statutes, is amended to read:

  6         121.0511  Revocation of election and alternative

  7  plan.--The governing body of any municipality or independent

  8  special district that has elected to participate in the

  9  Florida Retirement System may revoke its election in

10  accordance with the following procedure:

11         (2)  At least 7 days, but not more than 15 days, before

12  the hearing, notice of intent to revoke, specifying the time

13  and place of the hearing, must be published in a newspaper of

14  general circulation in the area affected, as provided by ss.

15  50.011-50.031. Proof of publication of the notice must be

16  submitted to the division Department of Management Services.

17         Section 24.  Subsections (3) and (4) and paragraph (c)

18  of subsection (7) of section 121.0515, Florida Statutes, are

19  amended to read:

20         121.0515  Special risk membership; criteria;

21  designation and removal of classification; credits for past

22  service and prior service; retention of special risk normal

23  retirement date.--

24         (3)  PROCEDURE FOR DESIGNATING.--

25         (a)  Any member of the Florida Retirement System

26  employed by a county, city, or special district who feels that

27  he or she meets the criteria set forth in this section for

28  membership in the Special Risk Class may request that his or

29  her employer submit an application to the division department

30  requesting that the division department designate him or her

31  as a special risk member.  If the employer agrees that the

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  1  member meets the requirements for special risk membership, the

  2  employer shall submit an application to the division

  3  department in behalf of the employee containing a

  4  certification that the member meets the criteria for special

  5  risk membership set forth in this section and such other

  6  supporting documentation as may be required by administrative

  7  rule.  The division department shall, within 90 days, either

  8  designate or refuse to designate the member as a special risk

  9  member.  If the employer declines to submit the member's

10  application to the division department or if the division

11  department does not designate the member as a special risk

12  member, the member or the employer may appeal to the State

13  Retirement Commission, as provided in s. 121.23, for

14  designation as a special risk member. A member who receives a

15  final affirmative ruling pursuant to such appeal for special

16  risk membership shall have special risk membership retroactive

17  to the date such member would have had special risk membership

18  had such membership been approved by the employer and the

19  division department, as determined by the division department,

20  and the employer contributions shall be paid in full within 1

21  year after such final ruling.

22         (b)1.  Applying the criteria set forth in this section,

23  the division Department of Management Services shall specify

24  which current and newly created classes of positions under the

25  uniform classification plan established pursuant to chapter

26  110 entitle the incumbents of positions in those classes to

27  membership in the Special Risk Class.  Only employees employed

28  in the classes so specified shall be special risk members.

29         2.  When a class is not specified by the division

30  department as provided in subparagraph 1., the employing

31

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  1  agency may petition the State Retirement Commission for

  2  approval in accordance with s. 121.23.

  3         (4)  REMOVAL OF SPECIAL RISK MEMBERSHIP.--Any member

  4  who is a special risk member on October 1, 1978, and who fails

  5  to meet the criteria for special risk membership established

  6  by this section shall have his or her special risk designation

  7  removed and thereafter shall be a regular member and shall

  8  earn only regular membership credit.  The division department

  9  shall have the authority to review the special risk

10  designation of members to determine whether or not those

11  members continue to meet the criteria for special risk

12  membership.

13         (7)  RETENTION OF SPECIAL RISK NORMAL RETIREMENT

14  DATE.--

15         (c)  The division department shall adopt such rules as

16  are required to administer this subsection.

17         Section 25.  Paragraph (e) of subsection (3) of section

18  121.052, Florida Statutes, is amended to read:

19         121.052  Membership class of elected officers.--

20         (3)  PARTICIPATION AND WITHDRAWAL,

21  GENERALLY.--Effective July 1, 1990, participation in the

22  Elected Officers' Class shall be compulsory for elected

23  officers listed in paragraphs (2)(a)-(d) and (f) assuming

24  office on or after said date, unless the elected officer

25  elects membership in another class or withdraws from the

26  Florida Retirement System as provided in paragraphs

27  (3)(a)-(d):

28         (e)  Effective July 1, 1997, the governing body of a

29  municipality or special district may, by majority vote, elect

30  to designate all its elected positions for inclusion in the

31  Elected Officers' Class. Such election shall be made between

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  1  July 1, 1997, and December 31, 1997, and shall be irrevocable.

  2  The designation of such positions shall be effective the first

  3  day of the month following receipt by the division department

  4  of the ordinance or resolution passed by the governing body.

  5         Section 26.  Paragraphs (b) and (h) of subsection (1)

  6  and paragraphs (a), (c), (d), and (f) of subsection (6) of

  7  section 121.055, Florida Statutes, are amended to read:

  8         121.055  Senior Management Service Class.--There is

  9  hereby established a separate class of membership within the

10  Florida Retirement System to be known as the "Senior

11  Management Service Class," which shall become effective

12  February 1, 1987.

13         (1)

14         (b)1.  Except as provided in subparagraph 2., effective

15  January 1, 1990, participation in the Senior Management

16  Service Class shall be compulsory for the president of each

17  community college, the manager of each participating city or

18  county, and all appointed district school superintendents.

19  Effective January 1, 1994, additional positions may be

20  designated for inclusion in the Senior Management Service

21  Class of the Florida Retirement System, provided that:

22         a.  Positions to be included in the class shall be

23  designated by the local agency employer.  Notice of intent to

24  designate positions for inclusion in the class shall be

25  published once a week for 2 consecutive weeks in a newspaper

26  of general circulation published in the county or counties

27  affected, as provided in chapter 50.

28         b.  One nonelective full-time position may be

29  designated for each local agency employer reporting to the

30  division Department of Management Services; for local agencies

31  with 100 or more regularly established positions, additional

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  1  nonelective full-time positions may be designated, not to

  2  exceed 1 percent of the regularly established positions within

  3  the agency.

  4         c.  Each position added to the class must be a

  5  managerial or policymaking position filled by an employee who

  6  is not subject to continuing contract and serves at the

  7  pleasure of the local agency employer without civil service

  8  protection, and who:

  9         (I)  Heads an organizational unit; or

10         (II)  Has responsibility to effect or recommend

11  personnel, budget, expenditure, or policy decisions in his or

12  her areas of responsibility.

13         2.  In lieu of participation in the Senior Management

14  Service Class, members of the Senior Management Service Class

15  pursuant to the provisions of subparagraph 1. may withdraw

16  from the Florida Retirement System altogether. The decision to

17  withdraw from the Florida Retirement System shall be

18  irrevocable for as long as the employee holds such a position.

19  Any service creditable under the Senior Management Service

20  Class shall be retained after the member withdraws from the

21  Florida Retirement System; however, additional service credit

22  in the Senior Management Service Class shall not be earned

23  after such withdrawal.  Such members shall not be eligible to

24  participate in the Senior Management Service Optional Annuity

25  Program.

26         (h)1.  Except as provided in subparagraph 3., effective

27  January 1, 1994, participation in the Senior Management

28  Service Class shall be compulsory for the State Courts

29  Administrator and the Deputy State Courts Administrators, the

30  Clerk of the Supreme Court, the Marshal of the Supreme Court,

31  the Executive Director of the Justice Administrative

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  1  Commission, the Capital Collateral Representative, the clerks

  2  of the district courts of appeals, the marshals of the

  3  district courts of appeals, and the trial court administrator

  4  in each judicial circuit. Effective January 1, 1994,

  5  additional positions in the offices of the state attorney and

  6  public defender in each judicial circuit may be designated for

  7  inclusion in the Senior Management Service Class of the

  8  Florida Retirement System, provided that:

  9         a.  Positions to be included in the class shall be

10  designated by the state attorney or public defender, as

11  appropriate.  Notice of intent to designate positions for

12  inclusion in the class shall be published once a week for 2

13  consecutive weeks in a newspaper of general circulation

14  published in the county or counties affected, as provided in

15  chapter 50.

16         b.  One nonelective full-time position may be

17  designated for each state attorney and public defender

18  reporting to the division Department of Management Services;

19  for agencies with 200 or more regularly established positions

20  under the state attorney or public defender, additional

21  nonelective full-time positions may be designated, not to

22  exceed 0.5 percent of the regularly established positions

23  within the agency.

24         c.  Each position added to the class must be a

25  managerial or policymaking position filled by an employee who

26  serves at the pleasure of the state attorney or public

27  defender without civil service protection, and who:

28         (I)  Heads an organizational unit; or

29         (II)  Has responsibility to effect or recommend

30  personnel, budget, expenditure, or policy decisions in his or

31  her areas of responsibility.

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  1         2.  Participation in this class shall be compulsory,

  2  except as provided in subparagraph 3., for any judicial

  3  employee who holds a position designated for coverage in the

  4  Senior Management Service Class, and such participation shall

  5  continue until the employee terminates employment in a covered

  6  position.

  7         3.  In lieu of participation in the Senior Management

  8  Service Class, such members may participate in the Senior

  9  Management Service Optional Annuity Program as established in

10  subsection (6).

11         (6)(a)  Senior Management Service Optional Annuity

12  Program.--The Division of Retirement Department of Management

13  Services shall establish a Senior Management Service Optional

14  Annuity Program under which contracts providing retirement,

15  death, and disability benefits may be purchased for those

16  employees who elect to participate in the optional annuity

17  program.  The benefits to be provided for or on behalf of

18  participants in such optional annuity program shall be

19  provided through individual contracts or individual

20  certificates issued for group annuity contracts, which may be

21  fixed, variable, or a combination thereof, in accordance with

22  s. 401(a) of the Internal Revenue Code.  Any such individual

23  contract or certificate shall state the annuity plan on its

24  face page, and shall include, but not be limited to, a

25  statement of ownership, the contract benefits, annuity income

26  options, limitations, expense charges, and surrender charges,

27  if any.  The employing agency shall contribute, as provided in

28  this section, toward the purchase of such optional benefits

29  which shall be fully and immediately vested in the

30  participants.

31         (c)  Participation.--

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  1         1.  Any eligible employee who is employed on or before

  2  February 1, 1987, may elect to participate in the optional

  3  annuity program in lieu of participation in the Senior

  4  Management Service Class.  Such election shall be made in

  5  writing and filed with the division department and the

  6  personnel officer of the employer on or before May 1, 1987.

  7  Any eligible employee who is employed on or before February 1,

  8  1987, and who fails to make an election to participate in the

  9  optional annuity program by May 1, 1987, shall be deemed to

10  have elected membership in the Senior Management Service

11  Class.

12         2.  Any employee who becomes eligible to participate in

13  the optional annuity program by reason of initial employment

14  commencing after February 1, 1987, may, within 90 days after

15  the date of commencement of employment, elect to participate

16  in the optional annuity program.  Such election shall be made

17  in writing and filed with the personnel officer of the

18  employer.  Any eligible employee who does not within 90 days

19  after commencement of such employment elect to participate in

20  the optional annuity program shall be deemed to have elected

21  membership in the Senior Management Service Class.

22         3.  A person who is appointed to a position in the

23  Senior Management Service Class and who is a member of an

24  existing retirement system or the Special Risk or Special Risk

25  Administrative Support Classes of the Florida Retirement

26  System may elect to remain in such system or class in lieu of

27  participation in the Senior Management Service Class or

28  optional annuity program. Such election shall be made in

29  writing and filed with the division department and the

30  personnel officer of the employer within 90 days of such

31  appointment. Any eligible employee who fails to make an

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  1  election to participate in the existing system, the Special

  2  Risk Class of the Florida Retirement System, the Special Risk

  3  Administrative Support Class of the Florida Retirement System,

  4  or the optional annuity program shall be deemed to have

  5  elected membership in the Senior Management Service Class.

  6         4.  An employee's election to participate in the

  7  optional annuity program is irrevocable as long as such

  8  employee continues to be employed in an eligible position and

  9  continues to meet the eligibility requirements set forth in

10  this paragraph.

11         (d)  Contributions.--

12         1.  Each employer shall contribute on behalf of each

13  participant in the Senior Management Service Optional Annuity

14  Program an amount equal to the normal cost portion of the

15  employer retirement contribution which would be required if

16  the participant were a Senior Management Service Class member

17  of the Florida Retirement System, plus the portion of the

18  contribution rate required in s. 112.363(8) that would

19  otherwise be assigned to the Retiree Health Insurance Subsidy

20  Trust Fund, less an amount approved by the Legislature which

21  shall be deducted by the division department to provide for

22  the administration of this program. The payment of the

23  contributions to the optional program which is required by

24  this subparagraph for each participant shall be made by the

25  employer to the division department, which shall forward the

26  contributions to the designated company or companies

27  contracting for payment of benefits for the participant under

28  the program.

29         2.  Each employer shall contribute on behalf of each

30  participant in the Senior Management Service Optional Annuity

31  Program an amount equal to the unfunded actuarial accrued

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  1  liability portion of the employer contribution which would be

  2  required for members of the Senior Management Service Class in

  3  the Florida Retirement System.  This contribution shall be

  4  paid to the division department for transfer to the Florida

  5  Retirement System Trust Fund.

  6         3.  An Optional Annuity Program Trust Fund shall be

  7  established in the State Treasury and administered by the

  8  division department to make payments to provider companies on

  9  behalf of the optional annuity program participants, and to

10  transfer the unfunded liability portion of the state optional

11  annuity program contributions to the Florida Retirement System

12  Trust Fund.

13         4.  Contributions required for social security by each

14  employer and each participant, in the amount required for

15  social security coverage as now or hereafter may be provided

16  by the federal Social Security Act shall be maintained for

17  each participant in the Senior Management Service retirement

18  program and shall be in addition to the retirement

19  contributions specified in this paragraph.

20         5.  Each participant in the Senior Management Service

21  Optional Annuity Program may contribute by way of salary

22  reduction or deduction a percentage amount of the

23  participant's gross compensation not to exceed the percentage

24  amount contributed by the employer to the optional annuity

25  program. Payment of the participant's contributions shall be

26  made by the employer to the division department, which shall

27  forward the contributions to the designated company or

28  companies contracting for payment of benefits for the

29  participant under the program.

30         (f)  Administration.--

31

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  1         1.  The Senior Management Service Optional Annuity

  2  Program authorized by this section shall be administered by

  3  the division department.  The division department shall

  4  designate one or more provider companies from which annuity

  5  contracts may be purchased under the program and shall approve

  6  the form and content of the contracts. The division department

  7  shall sign a contract with each of the provider companies and

  8  shall evaluate the performance of the provider companies on a

  9  continuing basis. The division department may terminate the

10  services of a provider company for reasons stated in the

11  contract. The division department shall adopt rules

12  establishing its responsibilities and the responsibilities of

13  employers in administering the optional annuity program.

14         2.  Effective July 1, 1997, the State Board of

15  Administration shall review and make recommendations to the

16  division department on the acceptability of all investment

17  products proposed by provider companies of the optional

18  annuity program before such products are offered through

19  annuity contracts to the participants and may advise the

20  division department of any changes deemed necessary to ensure

21  that the optional annuity program offers an acceptable mix of

22  investment products. The division department shall make the

23  final determination as to whether an investment product will

24  be approved for the program.

25         3.  The provisions of each contract applicable to a

26  participant in the Senior Management Service Optional Annuity

27  Program shall be contained in a written program description

28  which shall include a report of pertinent financial and

29  actuarial information on the solvency and actuarial soundness

30  of the program and the benefits applicable to the participant.

31  Such description shall be furnished by the company or

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  1  companies to each participant in the program and to the

  2  division department upon commencement of participation in the

  3  program and annually thereafter.

  4         4.  The division department shall ensure that each

  5  participant in the Senior Management Service Optional Annuity

  6  Program is provided an accounting of the total contribution

  7  and the annual contribution made by and on behalf of such

  8  participants.

  9         Section 27.  Subsection (5) of section 121.071, Florida

10  Statutes, is amended to read:

11         121.071  Contributions.--Contributions to the system

12  shall be made as follows:

13         (5)  Contributions made in accordance with subsections

14  (1), (2), (3), and (4) shall be paid by the employer into the

15  system trust funds in accordance with rules adopted by the

16  administrator pursuant to chapter 120. Such contributions are

17  due and payable no later than the 25th day of the month

18  immediately following the month during which the payroll

19  period ended. The division department may, by rule, establish

20  a different due date, which shall supersede the date specified

21  herein; however, such due date may not be established earlier

22  than the 20th day of the month immediately following the month

23  during which the payroll period ended. Effective January 1,

24  1984, contributions made in accordance with subsection (3)

25  shall be paid by the employer into the system trust fund in

26  accordance with rules adopted by the administrator pursuant to

27  chapter 120.  For any payroll period ending any day of the

28  month before the 16th day of the month, such contributions are

29  due and payable no later than the 20th day of the month; and,

30  for any payroll periods ending any day of the month after the

31  15th day of the month, such contributions are due and payable

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  1  no later than the 5th day of the next month. Contributions

  2  received in the offices of the division department after the

  3  prescribed date shall be considered delinquent unless, in the

  4  opinion of the division department, exceptional circumstances

  5  beyond an employer's control prevented remittance by the

  6  prescribed due date notwithstanding such employer's good faith

  7  efforts to effect delivery; and, with respect to retirement

  8  contributions due under subsections (1) and (4), each employer

  9  shall be assessed a delinquent fee of 1 percent of the

10  contributions due for each calendar month or part thereof that

11  the contributions are delinquent. Such a waiver of the

12  delinquency fee by the division department may be granted an

13  employer only one time each fiscal year. Delinquent social

14  security contributions shall be assessed a delinquent fee as

15  authorized by s. 650.05(4).  The delinquent fee assessable for

16  an employer's first delinquency after July 1, 1984, shall be

17  as specified in s. 650.05(4), and, beginning with the second

18  delinquency in any fiscal year by the employer subsequent to

19  July 1, 1984, all subsequent delinquency fees shall be

20  assessed against the employer at twice the applicable

21  percentage rate specified in s. 650.05(4).

22         Section 28.  Paragraph (h) of subsection (1) and

23  paragraph (e) of subsection (2) of section 121.081, Florida

24  Statutes, 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         (h)  The following provisions apply to the purchase of

30  past service:

31

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  1         1.  Notwithstanding any of the provisions of this

  2  subsection, past-service credit may not be purchased under

  3  this chapter for any service that is used to obtain a benefit

  4  from any local retirement system.

  5         2.  A member may not receive past service credit under

  6  paragraphs (a), (b), (e), or (f) for any leaves of absence

  7  without pay, except that credit for active military service

  8  leaves of absence may be claimed under paragraphs (a), (b),

  9  and (f), in accordance with s. 121.111(1).

10         3.  If a member does not desire to receive credit for

11  all of his or her past service, the period the member claims

12  must be the most recent past service prior to his or her

13  participation in the Florida Retirement System.

14         4.  The cost of past service purchased by an employing

15  agency for its employees may be amortized over such period of

16  time as is provided in the agreement, but not to exceed 15

17  years, calculated in accordance with rule 60S-1.007(5)(f),

18  Florida Administrative Code.

19         5.  The retirement account of each member for whom past

20  service is being provided by his or her employer shall be

21  credited with all past service the employer agrees to purchase

22  as soon as the agreement between the employer and the division

23  department is executed. Pursuant thereto:

24         a.  Each such member's account shall also be posted

25  with the total contribution his or her employer agrees to make

26  in the member's behalf for past service earned prior to

27  October 1, 1975, excluding those contributions representing

28  the employer's matching share and the compound interest

29  calculation on the total contribution. However, a portion of

30  any contributions paid by an employer for past service credit

31

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  1  earned on and after October 1, 1975, may not be posted to a

  2  member's account.

  3         b.  A refund of contributions payable after an employer

  4  has made a written agreement to purchase past service for

  5  employees of the covered group shall include contributions for

  6  past service which are posted to a member's account. However,

  7  contributions for past service earned on and after October 1,

  8  1975, are not refundable.

  9         (2)  Prior service, as defined in s. 121.021(19), may

10  be claimed as creditable service under the Florida Retirement

11  System after a member has been reemployed for 1 complete year

12  of creditable service within a period of 12 consecutive

13  months, except as provided in paragraph (c). Service performed

14  as a participant of the optional retirement program for the

15  State University System under s. 121.35 or the Senior

16  Management Service Optional Annuity Program under s. 121.055

17  may be used to satisfy the reemployment requirement of 1

18  complete year of creditable service.  The member shall not be

19  permitted to make any contributions for prior service until

20  after completion of the 1 year of creditable service. The

21  required contributions for claiming the various types of prior

22  service are:

23         (e)  For service performed under the Florida Retirement

24  System after December 1, 1970, that was never reported to the

25  division or the department due to error, retirement credit may

26  be claimed by a member of the Florida Retirement System. The

27  division department shall adopt rules establishing criteria

28  for claiming such credit and detailing the documentation

29  required to substantiate the error.

30         Section 29.  Section 121.091, Florida Statutes, is

31  amended to read:

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  1         121.091  Benefits payable under the system.--Benefits

  2  may not be paid under this section unless the member has

  3  terminated employment as provided in s. 121.021(39)(a) or

  4  begun participation in the Deferred Retirement Option Program

  5  as provided in subsection (13), and a proper application has

  6  been filed in the manner prescribed by the division

  7  department. The division department may cancel an application

  8  for retirement benefits when the member or beneficiary fails

  9  to timely provide the information and documents required by

10  this chapter and the division's department's rules. The

11  division department shall adopt rules establishing procedures

12  for application for retirement benefits and for the

13  cancellation of such application when the required information

14  or documents are not received.

15         (1)  NORMAL RETIREMENT BENEFIT.--Upon attaining his or

16  her normal retirement date, the member, upon application to

17  the administrator, shall receive a monthly benefit which shall

18  begin to accrue on the first day of the month of retirement

19  and be payable on the last day of that month and each month

20  thereafter during his or her lifetime. The normal retirement

21  benefit, including any past or additional retirement credit,

22  may not exceed 100 percent of the average final compensation.

23  The amount of monthly benefit shall be calculated as the

24  product of A and B, subject to the adjustment of C, if

25  applicable, as set forth below:

26         (a)1.  For creditable years of Regular Class service, A

27  is 1.60 percent of the member's average final compensation, up

28  to the member's normal retirement date. Upon completion of the

29  first year after the normal retirement date, A is 1.63 percent

30  of the member's average final compensation.  Following the

31  second year after the normal retirement date, A is 1.65

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  1  percent of the member's average final compensation. Following

  2  the third year after the normal retirement date, and for

  3  subsequent years, A is 1.68 percent of the member's average

  4  final compensation.

  5         2.  For creditable years of special risk service, A is:

  6         a.  Two percent of the member's average final

  7  compensation for all creditable years prior to October 1,

  8  1974;

  9         b.  Three percent of the member's average final

10  compensation for all creditable years after September 30,

11  1974, and before October 1, 1978;

12         c.  Two percent of the member's average final

13  compensation for all creditable years after September 30,

14  1978, and before January 1, 1989;

15         d.  Two and two-tenths percent of the member's final

16  monthly compensation for all creditable years after December

17  31, 1988, and before January 1, 1990;

18         e.  Two and four-tenths percent of the member's average

19  final compensation for all creditable years after December 31,

20  1989, and before January 1, 1991;

21         f.  Two and six-tenths percent of the member's average

22  final compensation for all creditable years after December 31,

23  1990, and before January 1, 1992;

24         g.  Two and eight-tenths percent of the member's

25  average final compensation for all creditable years after

26  December 31, 1991, and before January 1, 1993; and

27         h.  Three percent of the member's average final

28  compensation for all creditable years after December 31, 1992;

29         3.  For creditable years of Senior Management Service

30  Class service after January 31, 1987, A is 2 percent;

31

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  1         4.  For creditable years of Elected Officers' Class

  2  service as a Supreme Court Justice, district court of appeal

  3  judge, circuit judge, or county court judge, A is 3 1/3

  4  percent of the member's average final compensation, and for

  5  all other creditable service in such class, A is 3 percent of

  6  average final compensation;

  7         (b)  B is the number of the member's years and any

  8  fractional part of a year of creditable service earned

  9  subsequent to November 30, 1970; and

10         (c)  C is the normal retirement benefit credit brought

11  forward as of November 30, 1970, by a former member of an

12  existing system.  Such normal retirement benefit credit shall

13  be determined as the product of X and Y when X is the

14  percentage of average final compensation which the member

15  would have been eligible to receive if the member had attained

16  his or her normal retirement date as of November 30, 1970, all

17  in accordance with the existing system under which the member

18  is covered on November 30, 1970, and Y is average final

19  compensation as defined in s. 121.021(25).  However, any

20  member of an existing retirement system who is eligible to

21  retire and who does retire, become disabled, or die prior to

22  April 15, 1971, may have his or her retirement benefits

23  calculated on the basis of the best 5 of the last 10 years of

24  service.

25         (d)  A member's average final compensation shall be

26  determined by formula to obtain the coverage for the 5 highest

27  fiscal years' salaries, calculated as provided by rule.

28         (2)  BENEFITS PAYABLE FOR DUAL NORMAL RETIREMENT

29  AGES.--If a member accumulates retirement benefits to commence

30  at different normal retirement ages by virtue of having

31  performed duties for an employer which would entitle him or

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  1  her to benefits as both a member of the Special Risk Class and

  2  a member of either the Regular Class, Senior Management

  3  Service Class, or Elected Officers' Class, the amount of

  4  benefits payable shall be computed separately with respect to

  5  each such age and the sum of such computed amounts shall be

  6  paid as provided in this section.

  7         (3)  EARLY RETIREMENT BENEFIT.--Upon retirement on his

  8  or her early retirement date, the member shall receive an

  9  immediate monthly benefit that shall begin to accrue on the

10  first day of the month of the retirement date and be payable

11  on the last day of that month and each month thereafter during

12  his or her lifetime.  Such benefit shall be calculated as

13  follows:

14         (a)  The amount of each monthly payment shall be

15  computed in the same manner as for a normal retirement

16  benefit, in accordance with subsection (1), but shall be based

17  on the member's average monthly compensation and creditable

18  service as of the member's early retirement date.  The benefit

19  so computed shall be reduced by five-twelfths of 1 percent for

20  each complete month by which the early retirement date

21  precedes the normal retirement date of age 62 for a member of

22  the Regular Class, Senior Management Service Class, or the

23  Elected Officers' Class, and age 55 for a member of the

24  Special Risk Class, or age 52 if a Special Risk member has

25  completed 25 years of creditable service in accordance with s.

26  121.021(29)(b)3.

27         (b)  If the employment of a member is terminated by

28  reason of death subsequent to the completion of 20 years of

29  creditable service, the monthly benefit payable to the

30  member's beneficiary shall be calculated in accordance with

31  subsection (1), but shall be based on average monthly

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  1  compensation and creditable service as of the date of death.

  2  The benefit so computed shall be reduced by five-twelfths of 1

  3  percent for each complete month by which death precedes the

  4  normal retirement date specified above or the date on which

  5  the member would have attained 30 years of creditable service

  6  had he or she survived and continued his or her employment,

  7  whichever provides a higher benefit.

  8         (4)  DISABILITY RETIREMENT BENEFIT.--

  9         (a)  Disability retirement; entitlement and effective

10  date.--

11         1.  A member who becomes totally and permanently

12  disabled, as defined in paragraph (b), after completing 5

13  years of creditable service, or a member who becomes totally

14  and permanently disabled in the line of duty regardless of

15  service, shall be entitled to a monthly disability benefit;

16  except that any member with less than 5 years of creditable

17  service on July 1, 1980, or any person who becomes a member of

18  the Florida Retirement System on or after such date must have

19  completed 10 years of creditable service prior to becoming

20  totally and permanently disabled in order to receive

21  disability retirement benefits for any disability which occurs

22  other than in the line of duty. However, if a member employed

23  on July 1, 1980, with less than 5 years of creditable service

24  as of that date, becomes totally and permanently disabled

25  after completing 5 years of creditable service and is found

26  not to have attained fully insured status for benefits under

27  the federal Social Security Act, such member shall be entitled

28  to a monthly disability benefit.

29         2.  If the division has received from the employer the

30  required documentation of the member's termination of

31  employment, the effective retirement date for a member who

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  1  applies and is approved for disability retirement shall be

  2  established by rule of the division.

  3         3.  For a member who is receiving Workers' Compensation

  4  payments, the effective disability retirement date may not

  5  precede the date the member reaches Maximum Medical

  6  Improvement (MMI), unless the member terminates employment

  7  prior to reaching MMI.

  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 proof shall include the certification of the

19  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         (d)  Election on appeal.--A member whose application

12  for regular disability retirement has been denied and who has

13  filed an appeal to the State Retirement Commission may, if

14  eligible, elect to receive normal or early service retirement

15  benefits while he or she is awaiting the decision on the

16  appeal. However:

17         1.  If the member elects to receive service retirement

18  benefits and disability benefits are later approved as a

19  result of the appeal, the payment option chosen by the member

20  may not be changed.

21         2.  If the member elects to receive early service

22  retirement and the appeal is later denied, the member may not

23  change his or her election of early retirement.

24

25  Before such regular or early retirement benefits may be paid

26  by the division, the member must provide to the division a

27  written statement indicating that the member understands that

28  such changes are not permitted after he or she begins

29  receiving the benefits.

30         (e)  Disability retirement benefit.--Upon the

31  retirement of a member on his or her disability retirement

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  1  date, the member shall receive a monthly benefit that shall

  2  begin to accrue on the first day of the month of disability

  3  retirement and shall be payable on the last day of that month

  4  and each month thereafter during his or her lifetime and

  5  continued disability.

  6         (f)  Computation of disability retirement benefit.--The

  7  amount of each monthly payment shall be computed in the same

  8  manner as for a normal retirement benefit, in accordance with

  9  subsection (1), but shall be based on disability option

10  actuarial equivalency tables and the average monthly

11  compensation and creditable service of the member as of the

12  disability retirement date, subject to the following

13  conditions:

14         1.  If the member's disability occurred in the line of

15  duty, the monthly Option 1 benefit shall not be less than 42

16  percent of average monthly compensation as of the disability

17  retirement date; or

18         2.  If the member's disability occurred other than in

19  the line of duty, the monthly Option 1 benefit shall not be

20  less than 25 percent of average monthly compensation as of the

21  disability retirement date.

22         (g)  Reapplication.--A member, whose initial

23  application for disability retirement has been denied, may

24  reapply for disability benefits. However, such member's

25  reapplication will be considered only if the member presents

26  new medical evidence of a medical condition that existed prior

27  to the member's termination of employment. The division may

28  prescribe by rule procedures for reapplication and for review

29  and approval or disapproval of reapplication.

30         (h)  Recovery from disability.--The administrator may

31  require periodic reexaminations at the expense of the

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  1  retirement fund. The division may adopt rules establishing

  2  procedures for conducting and review of such reexaminations.

  3         1.  If the administrator finds that a member who is

  4  receiving disability benefits is, at any time prior to his or

  5  her normal retirement date, no longer disabled, the

  6  administrator shall direct that the benefits be discontinued.

  7  The decision of the administrator on this question shall be

  8  final and binding. If such member:

  9         a.  Does not reenter the employ of an employer and was

10  not vested as of the disability retirement date, he or she

11  shall be entitled to the excess, if any, of his or her

12  accumulated contributions over the total disability benefits

13  received up to the date of recovery.

14         b.  Does not reenter the employ of an employer, but was

15  vested as of the disability retirement date, he or she may

16  elect to receive:

17         (I)  The excess, if any, of his or her accumulated

18  contributions over the total disability benefits received up

19  to the date of recovery; or

20         (II)  A deferred benefit commencing on the last day of

21  the month of the normal retirement date which shall be payable

22  on the last day of the month thereafter during his or her

23  lifetime.  The amount of such monthly benefit shall be

24  computed in the same manner as for a normal retirement

25  benefit, in accordance with subsection (1), but shall be based

26  on average monthly compensation and creditable service as of

27  the member's disability retirement date.

28         c.  Reenters employment of an employer within 6 months

29  after recovery, the member's service will be deemed to have

30  been continuous, but the period beginning with the first month

31  for which he or she received a disability benefit payment and

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  1  ending with the date he or she reentered employment will not

  2  be considered as creditable service for the purpose of

  3  computing benefits except as provided in sub-subparagraph d.

  4  As used in this section, the term "accumulated contributions"

  5  for such member means the excess of the member's accumulated

  6  contributions as of the disability retirement date over the

  7  total disability benefits received under paragraph (e).

  8         d.  Terminates his or her disability benefit, reenters

  9  covered employment, and is continuously employed for a minimum

10  of 1 year of creditable service, he or she may claim as

11  creditable service the months during which he or she was

12  receiving a disability benefit, upon payment of the required

13  contributions.  Contributions shall equal the total required

14  employee and employer contribution rate applicable during the

15  period the retiree received retirement benefits, multiplied

16  times his or her rate of monthly compensation prior to the

17  commencement of disability retirement for each month of the

18  period claimed, plus 4 percent interest until July 1, 1975,

19  and 6.5 percent interest thereafter, compounded annually each

20  June 30 to the date of payment. If the member does not claim

21  credit for all of the months he or she received disability

22  benefits, the months claimed must be the most recent months of

23  retirement. Such credit for periods of disability, when

24  purchased under the Florida Retirement System, shall apply

25  toward vesting requirements for eligibility to purchase

26  additional credit for other service.

27         2.  Both the member receiving disability benefits who

28  reenters employment and the employer employing such disability

29  retiree shall notify the division immediately upon

30  reemployment, and the division shall terminate such member's

31  disability benefits, effective the first day of the month

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  1  following the month in which notification of recovery is

  2  received. If the member is reemployed with a Florida

  3  Retirement System employer at the time of benefit termination,

  4  and he or she has received disability retirement benefit and

  5  salary payments concurrently prior to notifying the division,

  6  he or she may elect within 30 days to:

  7         a.  Retain the retirement benefits received prior to

  8  termination of disability benefits and begin receiving

  9  retirement service credit effective upon the date of

10  termination of benefits; or

11         b.  Repay, within 12 months after his or her decision

12  to receive service credit, the retirement benefits received

13  for each month of reemployment prior to termination of

14  disability benefits and begin receiving retirement service

15  credit effective upon the date of reemployment. Any such

16  unpaid benefits shall have compound interest of 6.5 percent

17  added June 30.

18

19  A member may not receive both retirement service credit for

20  employment and retirement benefits for the same month.

21         3.  If, after recovery of disability and reentry into

22  covered employment, the member again becomes disabled and is

23  again approved for disability retirement, the Option 1 monthly

24  retirement benefit shall not be less than the Option 1 monthly

25  benefit calculated at the time of the previous disability,

26  plus any cost of living increases up to the time the

27  disability benefit was terminated upon his or her reentry into

28  covered employment.

29         (i)  Nonadmissible causes of disability.--A member

30  shall not be entitled to receive any disability retirement

31  benefit if the disability is a result of any of the following:

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  1         1.  Injury or disease sustained by the member while

  2  willfully participating in a riot, civil insurrection, or

  3  other act of violence or while committing a felony;

  4         2.  Injury or disease sustained by the member after his

  5  or her employment has terminated; or

  6         3.  Intentional, self-inflicted injury.

  7         (j)  Disability retirement of justice or judge by order

  8  of Supreme Court.--

  9         1.  If a member is a justice of the Supreme Court,

10  judge of a district court of appeal, circuit judge, or judge

11  of a county court who has served for 10 years or more as an

12  elected constitutional judicial officer, including service as

13  a judicial officer in any court abolished pursuant to Art. V

14  of the State Constitution, and who is retired for disability

15  by order of the Supreme Court upon recommendation of the

16  Judicial Qualifications Commission pursuant to the provisions

17  of Art. V of the State Constitution, the member's Option 1

18  monthly benefit as provided in subparagraph (6)(a)1. shall not

19  be less than two-thirds of his or her monthly compensation as

20  of the member's disability retirement date.  Such a member may

21  alternatively elect to receive a disability retirement benefit

22  under any other option as provided in paragraph (6)(a).

23         2.  Should any justice or judge who is a member of the

24  Florida Retirement System be retired for disability by order

25  of the Supreme Court upon recommendation of the Judicial

26  Qualifications Commission pursuant to the provisions of Art. V

27  of the State Constitution, then all contributions to his or

28  her account and all contributions made on his or her behalf by

29  the employer shall be transferred to and deposited in the

30  General Revenue Fund of the state, and there is hereby

31  appropriated annually out of the General Revenue Fund, to be

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  1  paid into the Florida Retirement System Fund, an amount

  2  necessary to pay the benefits of all justices and judges

  3  retired from the Florida Retirement System pursuant to Art. V

  4  of the State Constitution.

  5         (5)  TERMINATION BENEFITS.--

  6         (a)  A member whose employment is terminated for any

  7  reason other than death or retirement prior to becoming vested

  8  is entitled to the return of his or her accumulated

  9  contributions as of the date of termination.

10         (b)  A member whose employment is terminated for any

11  reason other than death or retirement after becoming vested

12  may elect to receive a deferred monthly benefit which shall

13  begin to accrue on the first day of the month of normal or

14  early retirement and shall be payable on the last day of that

15  month and each month thereafter during his or her lifetime.

16  The amount of monthly benefit shall be computed in the same

17  manner as for a normal retirement benefit in accordance with

18  subsection (1) or early retirement benefit in accordance with

19  s. 121.021(30), but based on average monthly compensation and

20  creditable service as of the date of termination.

21         (c)  In lieu of the deferred monthly benefit provided

22  in paragraph (b), the terminated member may elect to receive a

23  lump-sum amount equal to his or her accumulated contributions

24  as of the date of termination.

25         (d)  If any retired member dies without having received

26  in benefit payments an amount equal to his or her accumulated

27  contributions, there shall be payable to his or her designated

28  beneficiary an amount equal to the excess, if any, of the

29  member's accumulated contributions over the total monthly

30  payments made to the member prior to the date of death.

31

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  1         (e)  A member shall be deemed a terminated member when

  2  termination of employment has occurred as provided in s.

  3  121.021(39).

  4         (f)  Any member who has been found guilty by a verdict

  5  of a jury, or by the court trying the case without a jury, of

  6  committing, aiding, or abetting any embezzlement or theft from

  7  his or her employer, bribery in connection with the

  8  employment, or other felony specified in chapter 838, except

  9  ss. 838.15 and 838.16, committed prior to retirement, or who

10  has entered a plea of guilty or of nolo contendere to such

11  crime, or any member whose employment is terminated by reason

12  of the member's admitted commitment, aiding, or abetting of an

13  embezzlement or theft from his or her employer, bribery, or

14  other felony specified in chapter 838, except ss. 838.15 and

15  838.16, shall forfeit all rights and benefits under this

16  chapter, except the return of his or her accumulated

17  contributions as of the date of termination.

18         (g)  Any elected official who is convicted by the

19  Senate of an impeachable offense shall forfeit all rights and

20  benefits under this chapter, except the return of his or her

21  accumulated contributions as of the date of the conviction.

22         (h)  Any member who, prior to retirement, is adjudged

23  by a court of competent jurisdiction to have violated any

24  state law against strikes by public employees, or who has been

25  found guilty by such court of violating any state law

26  prohibiting strikes by public employees, shall forfeit all

27  rights and benefits under this chapter, except the return of

28  his or her accumulated contributions as of the date of the

29  conviction.

30         (i)  Any beneficiary who by a verdict of a jury or by

31  the court trying the case without a jury is found guilty, or

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  1  who has entered a plea of guilty or nolo contendere, of

  2  unlawfully and intentionally killing or procuring the death of

  3  the member forfeits all rights to the deceased member's

  4  benefits under this chapter, and the benefits will be paid as

  5  if such beneficiary had predeceased the decedent. Benefits may

  6  not be paid by the division pending final resolution of such

  7  charges against the beneficiary.

  8         (6)  OPTIONAL FORMS OF RETIREMENT BENEFITS AND

  9  DISABILITY RETIREMENT BENEFITS.--

10         (a)  Prior to the receipt of the first monthly

11  retirement payment, a member shall elect to receive the

12  retirement benefits to which he or she is entitled under

13  subsection (1), subsection (2), subsection (3), or subsection

14  (4) in accordance with one of the following options:

15         1.  The maximum retirement benefit payable to the

16  member during his or her lifetime.

17         2.  A decreased retirement benefit payable to the

18  member during his or her lifetime and, in the event of his or

19  her death within a period of 10 years after retirement, the

20  same monthly amount payable for the balance of such 10-year

21  period to his or her beneficiary or, in case the beneficiary

22  is deceased, in accordance with subsection (8) as though no

23  beneficiary had been named.

24         3.  A decreased retirement benefit payable during the

25  joint lifetime of both the member and his or her joint

26  annuitant and which, after the death of either, shall continue

27  during the lifetime of the survivor in the same amount,

28  subject to the provisions of subsection (12).

29         4.  A decreased retirement benefit payable during the

30  joint lifetime of the member and his or her joint annuitant

31  and which, after the death of either, shall continue during

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  1  the lifetime of the survivor in an amount equal to 66 2/3

  2  percent of the amount that was payable during the joint

  3  lifetime of the member and his or her joint annuitant, subject

  4  to the provisions of subsection (12).

  5

  6  The spouse of any member who elects to receive the benefit

  7  provided under subparagraph 1. or subparagraph 2. shall be

  8  notified of and shall acknowledge any such election. The

  9  division shall establish by rule a method for selecting the

10  appropriate actuarial factor for optional forms of benefits

11  selected under subparagraphs 3. and 4., based on the age of

12  the member and the joint annuitant.

13         (b)  The benefit payable under any option stated above

14  shall be the actuarial equivalent, based on tables adopted by

15  the administrator for this purpose, of the amount to which the

16  member was otherwise entitled.

17         (c)  A member who elects the option in subparagraph

18  (a)2. shall, in accordance with subsection (8), designate one

19  or more persons to receive the benefits payable in the event

20  of his or her death. Such persons shall be the beneficiaries

21  of the member.  The member may also designate one or more

22  contingent beneficiaries to receive any benefits remaining

23  upon the death of the primary beneficiary.

24         (d)  A member who elects the option in subparagraph

25  (a)3. or subparagraph (a)4. shall, on a form provided for that

26  purpose, designate a joint annuitant to receive the benefits

27  which continue to be payable upon the death of the member.

28  After benefits have commenced under the option in subparagraph

29  (a)3. or subparagraph (a)4., the following shall apply:

30         1.  A retired member may change his or her designation

31  of a joint annuitant only twice.  If such a retired member

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  1  desires to change his or her designation of a joint annuitant,

  2  he or she shall file with the division a notarized "change of

  3  joint annuitant" form and shall notify the former joint

  4  annuitant in writing of such change. Effective the first day

  5  of the next month following receipt by the division of a

  6  completed change of joint annuitant form, the division shall

  7  adjust the member's monthly benefit by the application of

  8  actuarial tables and calculations developed to ensure that the

  9  benefit paid is the actuarial equivalent of the present value

10  of the member's current benefit.  The consent of a retired

11  member's first designated joint annuitant to any such change

12  shall not be required. However, if either the member or the

13  joint annuitant dies before the effective date of the request

14  for change of joint annuitant, the requested change shall be

15  void, and survivor benefits, if any, shall be paid as if no

16  request had been made.

17         2.  In the event of the dissolution of marriage of a

18  retired member and a joint annuitant, such member may make an

19  election to nullify the joint annuitant designation of the

20  former spouse, unless there is an existing qualified domestic

21  relations order preventing such action.  The member shall file

22  with the division a written, notarized nullification which

23  shall be effective on the first day of the next month

24  following receipt by the division.  Benefits shall be paid as

25  if the former spouse predeceased the member.  A member who

26  makes such an election may not reverse the nullification but

27  may designate a new joint annuitant in accordance with

28  subparagraph 1.

29         (e)  The election of an option shall be null and void

30  if the member dies before the effective date of retirement.

31

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  1         (f)  A member who elects to receive benefits under the

  2  option in subparagraph (a)3. may designate one or more

  3  qualified persons, either a spouse or other dependent, as his

  4  or her joint annuitant to receive the benefits after the

  5  member's death in whatever proportion he or she so assigns to

  6  each person named as joint annuitant. The division shall adopt

  7  appropriate actuarial tables and calculations necessary to

  8  ensure that the benefit paid is the actuarial equivalent of

  9  the benefit to which the member is otherwise entitled under

10  the option in subparagraph (a)1.

11         (g)  Upon the death of a retired member or beneficiary

12  receiving monthly benefits under this chapter, the monthly

13  benefits shall be paid through the last day of the month of

14  death and shall terminate, or be adjusted, if applicable, as

15  of that date in accordance with the optional form of benefit

16  selected at the time of retirement.

17         (h)  The option selected or determined for payment of

18  benefits as provided in this section shall be final and

19  irrevocable at the time a benefit payment is cashed or

20  deposited or credited to the Deferred Retirement Option

21  Program as provided in subsection (13).

22         (7)  DEATH BENEFITS.--

23         (a)  If the employment of a member is terminated by

24  reason of his or her death prior to being vested, except as

25  provided in paragraph (f), there shall be payable to his or

26  her designated beneficiary the member's accumulated

27  contributions.

28         (b)  If the employment of an active member who may or

29  may not have applied for retirement is terminated by reason of

30  his or her death subsequent to becoming vested and prior to

31  his or her effective date of retirement, if established, it

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  1  shall be assumed that the member retired as of the date of

  2  death in accordance with subsection (1) if eligible for normal

  3  retirement benefits, subsection (2) if eligible for benefits

  4  payable for dual normal retirement, or subsection (3) if

  5  eligible for early retirement benefits. Benefits payable to

  6  the designated beneficiary shall be as follows:

  7         1.  For a beneficiary who qualifies as a joint

  8  annuitant, the optional form of payment provided in accordance

  9  with subparagraph (6)(a)3. shall be paid for the joint

10  annuitant's lifetime.

11         2.  For a beneficiary who does not qualify as a joint

12  annuitant, no continuing monthly benefit shall be paid and the

13  beneficiary shall be entitled only to the return of the

14  member's personal contributions. If there is no monetary

15  interest in the member's retirement account for which such

16  beneficiary is eligible, the beneficiary shall be the next

17  named beneficiary or, if no other beneficiary is named, the

18  beneficiary shall be the next eligible beneficiary according

19  to subsection (8).

20         (c)  If a retiring member dies on or after the

21  effective date of retirement, but prior to a benefit payment

22  being cashed or deposited, or credited to the Deferred

23  Retirement Option Program, benefits shall be paid as follows:

24         1.  For a designated beneficiary who qualifies as a

25  joint annuitant, benefits shall be paid in the optional form

26  of payment provided in subparagraph (6)(a)3. for the joint

27  annuitant's lifetime or, if the member chose the optional form

28  of payment provided in subparagraph (6)(a)2., the joint

29  annuitant may select the form provided in either subparagraph

30  (6)(a)2. or subparagraph (6)(a)3.

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  1         2.  For a designated beneficiary who does not qualify

  2  as a joint annuitant, any benefits payable shall be paid as

  3  provided in the option selected by the member; or if the

  4  member has not selected an option, benefits shall be paid in

  5  the optional form of payment provided in subparagraph (6)(a)1.

  6         (d)  Notwithstanding any other provision in this

  7  chapter to the contrary, with the exception of the Deferred

  8  Retirement Option Program, as provided in subsection (13):

  9         1.  The surviving spouse of any member killed in the

10  line of duty may receive a monthly pension equal to one-half

11  of the monthly salary being received by the member at the time

12  of death for the rest of the surviving spouse's lifetime or,

13  if the member was vested, such surviving spouse may elect to

14  receive a benefit as provided in paragraph (b). Benefits

15  provided by this paragraph shall supersede any other

16  distribution that may have been provided by the member's

17  designation of beneficiary.

18         2.  If the surviving spouse of a member killed in the

19  line of duty dies, the monthly payments which would have been

20  payable to such surviving spouse had such surviving spouse

21  lived shall be paid for the use and benefit of such member's

22  child or children under 18 years of age and unmarried until

23  the 18th birthday of the member's youngest child.

24         3.  If a member killed in the line of duty leaves no

25  surviving spouse but is survived by a child or children under

26  18 years of age, the benefits provided by subparagraph 1.,

27  normally payable to a surviving spouse, shall be paid for the

28  use and benefit of such member's child or children under 18

29  years of age and unmarried until the 18th birthday of the

30  member's youngest child.

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  1         4.  The surviving spouse of a member whose benefit

  2  terminated because of remarriage shall have the benefit

  3  reinstated beginning July 1, 1993, at an amount that would

  4  have been payable had the benefit not been terminated.

  5         (e)  The surviving spouse or other dependent of any

  6  member, except a member who participated in the Deferred

  7  Retirement Option Program, whose employment is terminated by

  8  death shall, upon application to the administrator, be

  9  permitted to pay the required contributions for any service

10  performed by the member which could have been claimed by the

11  member at the time of his or her death.  Such service shall be

12  added to the creditable service of the member and shall be

13  used in the calculation of any benefits which may be payable

14  to the surviving spouse or other surviving dependent.

15         (f)  Notwithstanding any other provisions in this

16  chapter to the contrary and upon application to the

17  administrator, an eligible joint annuitant, of a member whose

18  employment is terminated by death within 1 year of such member

19  satisfying the service requirements for vesting and retirement

20  eligibility, shall be permitted to purchase only the

21  additional service credit necessary to vest and qualify for

22  retirement benefits, not to exceed a total of 1 year of

23  credit, by one or a combination of the following methods:

24         1.  Such eligible joint annuitant may use the deceased

25  member's accumulated hours of annual, sick, and compensatory

26  leave to purchase additional creditable service, on an hour by

27  hour basis, provided that such deceased member's accumulated

28  leave is sufficient to cover the additional months required.

29  For each month of service credit needed prior to the final

30  month, credit for the total number of work hours in that month

31  must be purchased, using an equal number of the deceased

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  1  member's accumulated leave hours.  Service credit required for

  2  the final month in which the deceased member would have become

  3  vested shall be awarded upon the purchase of 1 hour of credit.

  4  Such eligible joint annuitant shall pay the contribution rate

  5  in effect for the period of time being claimed for the

  6  deceased member's class of membership, multiplied by such

  7  member's monthly salary at the time of death, plus 6.5 percent

  8  interest compounded annually.  The accumulated leave payment

  9  used in the average final compensation shall not include that

10  portion of the payment that represents any leave hours used in

11  the purchase of such creditable service.

12         2.  Such eligible joint annuitant may purchase

13  additional months of creditable service for any periods of

14  out-of-state service as provided in s. 121.1115, and in-state

15  service as provided in s. 121.1122, that the deceased member

16  would have been eligible to purchase prior to his or her

17  death.

18

19  Service purchased under this paragraph shall be added to the

20  creditable service of the member and used to vest for

21  retirement eligibility, and shall be used in the calculation

22  of any benefits which may be payable to the eligible joint

23  annuitant.  Any benefits paid in accordance with this

24  paragraph shall only be made prospectively.

25         (g)  Notwithstanding any other provisions in this

26  chapter to the contrary, if any member who is vested dies and

27  the surviving spouse receives a refund of the accumulated

28  contributions made to the retirement trust fund, such spouse

29  may pay to the Division of Retirement an amount equal to the

30  sum of the amount of the deceased member's accumulated

31  contributions previously refunded plus interest at 4 percent

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  1  compounded annually each June 30 from the date of refund until

  2  July 1, 1975, and 6.5 percent interest compounded annually

  3  thereafter, until full payment is made, and receive the

  4  monthly retirement benefit as provided in paragraph (b).

  5         (h)  The designated beneficiary who is the surviving

  6  spouse or other dependent of a member whose employment is

  7  terminated by death subsequent to becoming vested, but prior

  8  to actual retirement, may elect to receive a deferred monthly

  9  benefit as if the member had lived and had elected a deferred

10  monthly benefit, as provided in paragraph (5)(b), calculated

11  on the basis of the average final compensation and creditable

12  service of the member at his or her death and the age the

13  member would have attained on the commencement date of the

14  deferred benefit elected by the beneficiary, paid in

15  accordance with option 3 of paragraph (6)(a).

16         (8)  DESIGNATION OF BENEFICIARIES.--

17         (a)  Each member may, on a form provided for that

18  purpose, signed and filed with the division, designate a

19  choice of one or more persons, named sequentially or jointly,

20  as his or her beneficiary who shall receive the benefits, if

21  any, which may be payable in the event of the member's death

22  pursuant to the provisions of this chapter. If no beneficiary

23  is named in the manner provided above, or if no beneficiary

24  designated by the member survives the member, the beneficiary

25  shall be the spouse of the deceased, if living. If the

26  member's spouse is not alive at his or her death, the

27  beneficiary shall be the living children of the member.  If no

28  children survive, the beneficiary shall be the member's father

29  or mother, if living; otherwise, the beneficiary shall be the

30  member's estate.  The beneficiary most recently designated by

31  a member on a form or letter filed with the division shall be

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  1  the beneficiary entitled to any benefits payable at the time

  2  of the member's death, except that benefits shall be paid as

  3  provided in paragraph (7)(d) when death occurs in the line of

  4  duty. Notwithstanding any other provisions in this subsection

  5  to the contrary, for a member who dies prior to his or her

  6  effective date of retirement on or after January 1, 1999, the

  7  spouse at the time of death shall be the member's beneficiary

  8  unless such member designates a different beneficiary as

  9  provided herein subsequent to the member's most recent

10  marriage.

11         (b)  A designated beneficiary of a retirement account

12  for whom there is a monetary interest may disclaim his or her

13  monetary interest as provided in s. 689.21, and in accordance

14  with division rules governing such disclaimers. Such

15  disclaimer must be filed within 24 months after the event that

16  created the interest, that is, the death of the member or

17  annuitant.

18         (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--

19         (a)  Any person who is retired under this chapter,

20  except under the disability retirement provisions of

21  subsection (4), may be employed by an employer that does not

22  participate in a state-administered retirement system and may

23  receive compensation from that employment without limiting or

24  restricting in any way the retirement benefits payable to that

25  person.

26         (b)1.  Any person who is retired under this chapter,

27  except under the disability retirement provisions of

28  subsection (4), may be reemployed by any private or public

29  employer after retirement and receive retirement benefits and

30  compensation from his or her employer without any limitations,

31  except that a person may not receive both a salary from

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  1  reemployment with any agency participating in the Florida

  2  Retirement System and retirement benefits under this chapter

  3  for a period of 12 months immediately subsequent to the date

  4  of retirement. However, a DROP participant shall continue

  5  employment and receive a salary during the period of

  6  participation in the Deferred Retirement Option Program, as

  7  provided in subsection (13).

  8         2.  Any person to whom the limitation in subparagraph

  9  1. applies who violates such reemployment limitation and who

10  is reemployed with any agency participating in the Florida

11  Retirement System before completion of the 12-month limitation

12  period shall give timely notice of this fact in writing to the

13  employer and to the division and shall have his or her

14  retirement benefits suspended for the balance of the 12-month

15  limitation period.  Any person employed in violation of this

16  paragraph and any employing agency which knowingly employs or

17  appoints such person without notifying the Division of

18  Retirement to suspend retirement benefits shall be jointly and

19  severally liable for reimbursement to the retirement trust

20  fund of any benefits paid during the reemployment limitation

21  period.  To avoid liability, such employing agency shall have

22  a written statement from the retiree that he or she is not

23  retired from a state-administered retirement system.  Any

24  retirement benefits received while reemployed during this

25  reemployment limitation period shall be repaid to the

26  retirement trust fund, and retirement benefits shall remain

27  suspended until such repayment has been made.  Benefits

28  suspended beyond the reemployment limitation shall apply

29  toward repayment of benefits received in violation of the

30  reemployment limitation.

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  1         3.  A district school board may reemploy a retired

  2  member as a substitute or hourly teacher, education

  3  paraprofessional, transportation assistant, bus driver, or

  4  food service worker on a noncontractual basis after he or she

  5  has been retired for 1 calendar month, in accordance with s.

  6  121.021(39).  Any retired member who is reemployed within 1

  7  calendar month after retirement shall void his or her

  8  application for retirement benefits. District school boards

  9  reemploying such teachers, education paraprofessionals,

10  transportation assistants, bus drivers, or food service

11  workers are subject to the retirement contribution required by

12  subparagraph 7.  Reemployment of a retired member as a

13  substitute or hourly teacher, education paraprofessional,

14  transportation assistant, bus driver, or food service worker

15  is limited to 780 hours during the first 12 months of his or

16  her retirement.  Any retired member reemployed for more than

17  780 hours during his or her first 12 months of retirement

18  shall give timely notice in writing to the employer and to the

19  division of the date he or she will exceed the limitation.

20  The division shall suspend his or her retirement benefits for

21  the remainder of the first 12 months of retirement.  Any

22  person employed in violation of this subparagraph and any

23  employing agency which knowingly employs or appoints such

24  person without notifying the Division of Retirement to suspend

25  retirement benefits shall be jointly and severally liable for

26  reimbursement to the retirement trust fund of any benefits

27  paid during the reemployment limitation period.  To avoid

28  liability, such employing agency shall have a written

29  statement from the retiree that he or she is not retired from

30  a state-administered retirement system.  Any retirement

31  benefits received by a retired member while reemployed in

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  1  excess of 780 hours during the first 12 months of retirement

  2  shall be repaid to the Retirement System Trust Fund, and his

  3  or her retirement benefits shall remain suspended until

  4  repayment is made.  Benefits suspended beyond the end of the

  5  retired member's first 12 months of retirement shall apply

  6  toward repayment of benefits received in violation of the

  7  780-hour reemployment limitation.

  8         4.  A community college board of trustees may reemploy

  9  a retired member as an adjunct instructor, that is, an

10  instructor who is noncontractual and part-time, or as a

11  participant in a phased retirement program within the Florida

12  Community College System, after he or she has been retired for

13  1 calendar month, in accordance with s. 121.021(39).  Any

14  retired member who is reemployed within 1 calendar month after

15  retirement shall void his or her application for retirement

16  benefits.  Boards of trustees reemploying such instructors are

17  subject to the retirement contribution required in

18  subparagraph 7.  A retired member may be reemployed as an

19  adjunct instructor for no more than 780 hours during the first

20  12 months of retirement.  Any retired member reemployed for

21  more than 780 hours during the first 12 months of retirement

22  shall give timely notice in writing to the employer and to the

23  division of the date he or she will exceed the limitation.

24  The division shall suspend his or her retirement benefits for

25  the remainder of the first 12 months of retirement.  Any

26  person employed in violation of this subparagraph and any

27  employing agency which knowingly employs or appoints such

28  person without notifying the Division of Retirement to suspend

29  retirement benefits shall be jointly and severally liable for

30  reimbursement to the retirement trust fund of any benefits

31  paid during the reemployment limitation period.  To avoid

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  1  liability, such employing agency shall have a written

  2  statement from the retiree that he or she is not retired from

  3  a state-administered retirement system.  Any retirement

  4  benefits received by a retired member while reemployed in

  5  excess of 780 hours during the first 12 months of retirement

  6  shall be repaid to the Retirement System Trust Fund, and

  7  retirement benefits shall remain suspended until repayment is

  8  made.  Benefits suspended beyond the end of the retired

  9  member's first 12 months of retirement shall apply toward

10  repayment of benefits received in violation of the 780-hour

11  reemployment limitation.

12         5.  The State University System may reemploy a retired

13  member as an adjunct faculty member or as a participant in a

14  phased retirement program within the State University System

15  after the retired member has been retired for 1 calendar

16  month, in accordance with s. 121.021(39).  Any retired member

17  who is reemployed within 1 calendar month after retirement

18  shall void his or her application for retirement benefits.

19  The State University System is subject to the retired

20  contribution required in subparagraph 7., as appropriate. A

21  retired member may be reemployed as an adjunct faculty member

22  or a participant in a phased retirement program for no more

23  than 780 hours during the first 12 months of his or her

24  retirement.  Any retired member reemployed for more than 780

25  hours during the first 12 months of retirement shall give

26  timely notice in writing to the employer and to the division

27  of the date he or she will exceed the limitation.  The

28  division shall suspend his or her retirement benefits for the

29  remainder of the first 12 months of retirement.  Any person

30  employed in violation of this subparagraph and any employing

31  agency which knowingly employs or appoints such person without

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  1  notifying the Division of Retirement to suspend retirement

  2  benefits shall be jointly and severally liable for

  3  reimbursement to the retirement trust fund of any benefits

  4  paid during the reemployment limitation period.  To avoid

  5  liability, such employing agency shall have a written

  6  statement from the retiree that he or she is not retired from

  7  a state-administered retirement system.  Any retirement

  8  benefits received by a retired member while reemployed in

  9  excess of 780 hours during the first 12 months of retirement

10  shall be repaid to the Retirement System Trust Fund, and

11  retirement benefits shall remain suspended until repayment is

12  made.  Benefits suspended beyond the end of the retired

13  member's first 12 months of retirement shall apply toward

14  repayment of benefits received in violation of the 780-hour

15  reemployment limitation.

16         6.  The Board of Trustees of the Florida School for the

17  Deaf and the Blind may reemploy a retired member as a

18  substitute teacher, substitute residential instructor, or

19  substitute nurse on a noncontractual basis after he or she has

20  been retired for 1 calendar month, in accordance with s.

21  121.021(39).  Any retired member who is reemployed within 1

22  calendar month after retirement shall void his or her

23  application for retirement benefits. The Board of Trustees of

24  the Florida School for the Deaf and the Blind reemploying such

25  teachers, residential instructors, or nurses is subject to the

26  retirement contribution required by subparagraph 7.

27  Reemployment of a retired member as a substitute teacher,

28  substitute residential instructor, or substitute nurse is

29  limited to 780 hours during the first 12 months of his or her

30  retirement.  Any retired member reemployed for more than 780

31  hours during the first 12 months of retirement shall give

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  1  timely notice in writing to the employer and to the division

  2  of the date he or she will exceed the limitation. The division

  3  shall suspend his or her retirement benefits for the remainder

  4  of the first 12 months of retirement.  Any person employed in

  5  violation of this subparagraph and any employing agency which

  6  knowingly employs or appoints such person without notifying

  7  the Division of Retirement to suspend retirement benefits

  8  shall be jointly and severally liable for reimbursement to the

  9  retirement trust fund of any benefits paid during the

10  reemployment limitation period.  To avoid liability, such

11  employing agency shall have a written statement from the

12  retiree that he or she is not retired from a

13  state-administered retirement system.  Any retirement benefits

14  received by a retired member while reemployed in excess of 780

15  hours during the first 12 months of retirement shall be repaid

16  to the Retirement System Trust Fund, and his or her retirement

17  benefits shall remain suspended until payment is made.

18  Benefits suspended beyond the end of the retired member's

19  first 12 months of retirement shall apply toward repayment of

20  benefits received in violation of the 780-hour reemployment

21  limitation.

22         7.  The employment by an employer of any retiree or

23  DROP participant of any state-administered retirement system

24  shall have no effect on the average final compensation or

25  years of creditable service of the retiree or DROP

26  participant.  Prior to July 1, 1991, upon employment of any

27  person, other than an elected officer as provided in s.

28  121.053, who has been retired under any state-administered

29  retirement program, the employer shall pay retirement

30  contributions in an amount equal to the unfunded actuarial

31  liability portion of the employer contribution which would be

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  1  required for regular members of the Florida Retirement System.

  2  Effective July 1, 1991, contributions shall be made as

  3  provided in s. 121.122 for retirees with renewed membership or

  4  subsection (13) with respect to DROP participants.

  5         8.  Any person who has previously retired and who is

  6  holding an elective public office or an appointment to an

  7  elective public office eligible for the Elected Officers'

  8  Class on or after July 1, 1990, shall be enrolled in the

  9  Florida Retirement System as provided in s. 121.053(1)(b) or,

10  if holding an elective public office that does not qualify for

11  the Elected Officers' Class on or after July 1, 1991, shall be

12  enrolled in the Florida Retirement System as provided in s.

13  121.122, and shall continue to receive retirement benefits as

14  well as compensation for the elected officer's service for as

15  long as he or she remains in elective office. However, any

16  retired member who served in an elective office prior to July

17  1, 1990, suspended his or her retirement benefit, and had his

18  or her Florida Retirement System membership reinstated shall,

19  upon retirement from such office, have his or her retirement

20  benefit recalculated to include the additional service and

21  compensation earned.

22         9.  Any person who is holding an elective public office

23  which is covered by the Florida Retirement System and who is

24  concurrently employed in nonelected covered employment may

25  elect to retire while continuing employment in the elective

26  public office, provided that he or she shall be required to

27  terminate his or her nonelected covered employment.  Any

28  person who exercises this election shall receive his or her

29  retirement benefits in addition to the compensation of the

30  elective office without regard to the time limitations

31  otherwise provided in this subsection.  No person who seeks to

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  1  exercise the provisions of this subparagraph, as the same

  2  existed prior to May 3, 1984, shall be deemed to be retired

  3  under those provisions, unless such person is eligible to

  4  retire under the provisions of this subparagraph, as amended

  5  by chapter 84-11, Laws of Florida.

  6         10.  The limitations of this paragraph apply to

  7  reemployment in any capacity with an "employer" as defined in

  8  s. 121.021(10), irrespective of the category of funds from

  9  which the person is compensated.

10         11.  From July 1, 1997, through December 31, 1998,

11  notwithstanding the limitations of this subsection, except

12  that any retiree who is reemployed within 1 calendar month

13  after retirement shall void his or her application for

14  retirement benefits, any retiree of the Florida Retirement

15  System may be reemployed by a covered employer during the 2nd

16  through 12th months of the reemployment limitation period

17  without suspending his or her retirement benefits, provided

18  that the reemployment is for the sole purpose of working on

19  the technical aspects of correcting or replacing the computer

20  systems and programs necessary to resolve the year 2000 date

21  problem for computing which confronts all public employers

22  covered by the Florida Retirement System.

23         (10)  FUTURE BENEFITS BASED ON ACTUARIAL DATA.--It is

24  the intent of the Legislature that future benefit increases

25  enacted into law in this chapter shall be financed

26  concurrently by increased contributions or other adequate

27  funding, and such funding shall be based on sound actuarial

28  data as developed by the actuary or state retirement actuary,

29  as provided in ss. 121.021(6) and 121.192.

30         (11)  A member who becomes eligible to retire and has

31  accumulated the maximum benefit of 100 percent of average

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  1  final compensation may continue in active service, and, if

  2  upon the member's retirement the member elects to receive a

  3  retirement compensation pursuant to subsection (2), subsection

  4  (6), or subsection (7), the actuarial equivalent percentage

  5  factor applicable to the age of such member at the time the

  6  member reached the maximum benefit and to the age, at that

  7  time, of the member's spouse shall determine the amount of

  8  benefits to be paid.

  9         (12)  SPECIAL PROVISIONS FOR PAYMENT OF CERTAIN

10  SURVIVOR BENEFITS.--Notwithstanding any provision of this

11  chapter to the contrary, for members with an effective date of

12  retirement, or date of death if prior to retirement, on or

13  after January 1, 1996, the named joint annuitant, as defined

14  in s. 121.021(28)(b), who is eligible to receive benefits

15  under subparagraph (6)(a)3. or subparagraph (6)(a)4., shall

16  receive the maximum monthly retirement benefit that would have

17  been payable to the member under subparagraph (6)(a)1.;

18  however, payment of such benefit shall cease the month the

19  joint annuitant attains age 25 unless such joint annuitant is

20  disabled and incapable of self-support, in which case,

21  benefits shall cease when the joint annuitant is no longer

22  disabled.  The administrator may require proof of disability

23  or continued disability in the same manner as is provided for

24  a member seeking or receiving a disability retirement benefit

25  under subsection (4).

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

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

28  Retirement Option Program, hereinafter referred to as the

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

30  Florida  Retirement System may elect to participate, deferring

31  receipt of retirement benefits while continuing employment

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  1  with his or her Florida Retirement System employer.  The

  2  deferred monthly benefits shall accrue in the System Trust

  3  Fund on behalf of the participant, plus interest compounded

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

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

  6  the participant shall receive the total DROP benefits and

  7  begin to receive the previously determined normal retirement

  8  benefits. Participation in the DROP does not guarantee

  9  employment for the specified period of DROP.

10         (a)  Eligibility of member to participate in the

11  DROP.--All active Florida Retirement System members in a

12  regularly established position, and all active members of

13  either the Teachers' Retirement System established in chapter

14  238 or the State and County Officers' and Employees'

15  Retirement System established in chapter 122 which systems are

16  consolidated within the Florida Retirement System under s.

17  121.011, are eligible to elect participation in the DROP

18  provided that:

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

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

21  Community College System Optional Retirement Program under s.

22  121.051, the Senior Management Service Optional Annuity

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

24  for the State University System under s. 121.35.

25         2.  Election to participate is made within 12 months

26  immediately following the date on which the member first

27  reaches normal retirement date, or, for a member who reaches

28  normal retirement date based on service before he or she

29  reaches age 62, or age 55 for Special Risk Class members,

30  election to participate may be deferred to the 12 months

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

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  1  52 for Special Risk Class members. For a member who first

  2  reached normal retirement date or the deferred eligibility

  3  date described above prior to the effective date of this

  4  section, election to participate shall be made within 12

  5  months after the effective date of this section.  A member who

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

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

  8  The member shall advise his or her employer and the division

  9  in writing of the date on which the DROP shall begin. Such

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

11  period, but must be within the 60-month limitation period as

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

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

14  maximum participation period, the member may elect to include

15  or exclude any optional service credit purchased by the member

16  from the total service used to establish the normal retirement

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

18  eligible to elect to participate in DROP within 12 months

19  after attaining normal retirement date in either class.

20         3.  The employer of a member electing to participate in

21  the DROP, or employers if dually employed, shall acknowledge

22  in writing to the division the date the member's participation

23  in the DROP begins and the date the member's employment and

24  DROP participation will terminate.

25         4.  Simultaneous employment of a participant by

26  additional Florida Retirement System employers subsequent to

27  the commencement of participation in the DROP shall be

28  permissible provided such employers acknowledge in writing a

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

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

31  in subparagraph (b)1.

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  1         5.  A DROP participant may change employers while

  2  participating in the DROP, subject to the following:

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

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

  5  month of continuous DROP participation.  If a member receives

  6  no salary during a month, DROP participation shall cease

  7  unless the employer verifies a continuation of the employment

  8  relationship for such participant pursuant to s.

  9  121.021(39)(b).

10         b.  Such participant and new employer shall notify the

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

12  of the new employer.

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

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

15  not beyond the original 60-month period provided in

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

17  additional retirement contributions and interest required if

18  the participant fails to timely terminate employment, and

19  shall be subject to the adjustment required in

20  sub-subparagraph (c)5.d.

21         (b)  Participation in the DROP.--

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

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

24  months immediately following the date on which the member

25  first reaches his or her normal retirement date or the date to

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

27  participate as provided in subparagraph (a)2. However, a

28  member who has reached normal retirement date prior to the

29  effective date of the DROP shall be eligible to participate in

30  the DROP for a period of time not to exceed 60 calendar months

31  immediately following the effective date of the DROP, except a

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  1  member of the Special Risk Class who has reached normal

  2  retirement date prior to the effective date of the DROP and

  3  whose total accrued value exceeds 75 percent of average final

  4  compensation as of his or her effective date of retirement

  5  shall be eligible to participate in the DROP for no more than

  6  36 calendar months immediately following the effective date of

  7  the DROP.

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

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

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

11         b.  Selection of the DROP participation and termination

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

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

14  binding letter of resignation with the employer, establishing

15  a deferred termination date. The member may change the

16  termination date within the limitations of subparagraph 1.,

17  but only with the written approval of his or her employer;

18         c.  A properly completed DROP application for service

19  retirement as provided in this section; and

20         d.  Any other information required by the division.

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

22  Florida Retirement System for all purposes, except for

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

24  121.053, and 121.122. However, participation in the DROP does

25  not alter the participant's employment status and such

26  employee shall not be deemed retired from employment until his

27  or her deferred resignation is effective and termination

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

29         4.  Elected officers shall be eligible to participate

30  in the DROP subject to the following:

31

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  1         a.  An elected officer who reaches normal retirement

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

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

  4  office. Such elected officer who exercises this option may

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

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

  7  whichever is less.

  8         b.  An elected or a nonelected participant may run for

  9  a term of office while participating in DROP and, if elected,

10  extend the DROP termination date accordingly, except, however,

11  if such additional term of office exceeds the 60-month

12  limitation established in subparagraph 1., and the officer

13  does not resign from office within such 60-month limitation,

14  the retirement and the participant's DROP shall be null and

15  void as provided in sub-subparagraph (c)5.d.

16         c.  An elected officer who is dually employed and

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

18  definition of termination within the 60-month limitation

19  period as provided in subparagraph 1. for the nonelected

20  position and may continue employment as an elected officer as

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

22  as a renewed member in the Elected Officers' Class or the

23  Regular Class, as provided in ss. 121.053 and 121.22, on the

24  first day of the month after termination of employment in the

25  nonelected position and termination of DROP. Distribution of

26  the DROP benefits shall be made as provided in paragraph (c).

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

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

29  member's initial normal monthly benefit, including creditable

30  service, optional form of payment, and average final

31  compensation, and the effective date of retirement shall be

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  1  fixed. The beneficiary established under the Florida

  2  Retirement System shall be the beneficiary eligible to receive

  3  any DROP benefits payable if the DROP participant dies prior

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

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

  6  name a beneficiary to receive accumulated DROP benefits

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

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

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

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

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

12  month of termination or death.

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

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

15  accrued annual leave earned in accordance with agency policy

16  upon beginning participation in the DROP. Such accumulated

17  leave payment certified to the division upon commencement of

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

19  average final compensation.  The employee electing such

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

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

22  termination, except to the extent the employee has earned

23  additional annual leave which combined with the original

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

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

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

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

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

29  payment upon termination of DROP and termination of employment

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

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

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  1  which was determined and fixed by law when the employee

  2  elected to participate in the DROP.

  3         3.  The effective date of DROP participation and the

  4  effective date of retirement of a DROP participant shall be

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

  6  participation in the DROP, provided such date is properly

  7  established, with the written confirmation of the employer,

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

  9  division.

10         4.  Normal retirement benefits and interest thereon

11  shall continue to accrue in the DROP until the established

12  termination date of the DROP, or until the participant

13  terminates employment or dies prior to such date. Although

14  individual DROP accounts shall not be established, a separate

15  accounting of each participant's accrued benefits under the

16  DROP shall be calculated and provided to participants.

17         5.  At the conclusion of the participant's DROP, the

18  division shall distribute the participant's total accumulated

19  DROP benefits, subject to the following provisions:

20         a.  The division shall receive verification by the

21  participant's employer or employers that such participant has

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

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

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

25  provided by the division to receive payment of the DROP

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

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

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

29  division will pay a lump sum as provided in

30  sub-sub-subparagraph (I).

31

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

  2  interest, less withholding taxes remitted to the Internal

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

  4  surviving beneficiary.

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

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

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

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

  9  case of an eligible rollover distribution to the surviving

10  spouse of a deceased participant, an eligible retirement plan

11  is an individual retirement account or an individual

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

13  Internal Revenue Code.

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

15  benefits shall be paid to the DROP participant or surviving

16  spouse, less withholding taxes remitted to the Internal

17  Revenue Service, and the remaining DROP benefits shall be

18  transferred directly to the custodian of an eligible

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

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

21  distribution to the surviving spouse of a deceased

22  participant, an eligible retirement plan is an individual

23  retirement account or an individual retirement annuity as

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

25  proportions shall be specified by the DROP participant or

26  surviving beneficiary.

27         c.  The form of payment selected by the DROP

28  participant or surviving beneficiary complies with the minimum

29  distribution requirements of the Internal Revenue Code.

30         d.  A DROP participant who fails to terminate

31  employment as defined in s. 121.021(39)(b) shall be deemed not

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  1  to be retired, and the DROP election shall be null and void.

  2  Florida Retirement System membership shall be reestablished

  3  retroactively to the date of the commencement of the DROP, and

  4  each employer with whom the participant continues employment

  5  shall be required to pay to the System Trust Fund the

  6  difference between the DROP contributions paid in paragraph

  7  (i) and the contributions required for the applicable Florida

  8  Retirement System class of membership during the period the

  9  member participated in the DROP, plus 6.5 percent interest

10  compounded annually.

11         6.  The accrued benefits of any DROP participant, and

12  any contributions accumulated under such program, shall not be

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

14  process whatsoever, except for qualified domestic relations

15  orders by a court of competent jurisdiction, income deduction

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

17  levies.

18         7.  DROP participants shall not be eligible for

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

20         (d)  Death benefits under the DROP.--

21         1.  Upon the death of a DROP participant, the named

22  beneficiary shall be entitled to apply for and receive the

23  accrued benefits in the DROP as provided in sub-subparagraph

24  (c)5.b.

25         2.  The normal retirement benefit accrued to the DROP

26  during the month of a participant's death shall be the final

27  monthly benefit credited for such DROP participant.

28         3.  Eligibility to participate in the DROP terminates

29  upon death of the participant.  If the participant dies on or

30  after the effective date of enrollment in the DROP, but prior

31  to the first monthly benefit being credited to the DROP,

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  1  Florida Retirement System benefits shall be paid in accordance

  2  with subparagraph (7)(c)1. or subparagraph 2.

  3         4.  A DROP participants' survivors shall not be

  4  eligible to receive Florida Retirement System death benefits

  5  as provided in paragraph (7)(d).

  6         (e)  Cost-of-living adjustment.--On each July 1, the

  7  participants' normal retirement benefit shall be increased as

  8  provided in s. 121.101.

  9         (f)  Retiree health insurance subsidy.--DROP

10  participants are not eligible to apply for the retiree health

11  insurance subsidy payments as provided in s. 112.363 until

12  such participants have terminated employment and participation

13  in the DROP.

14         (g)  Renewed membership.--DROP participants shall not

15  be eligible for renewed membership in the Florida Retirement

16  System under ss. 121.053 and 121.122 until termination of

17  employment is effectuated as provided in s. 121.021(39)(b).

18         (h)  Employment limitation after DROP

19  participation.--Upon satisfying the definition of termination

20  of employment as provided in s. 121.021(39)(b), DROP

21  participants shall be subject to such reemployment limitations

22  as other retirees. Reemployment restrictions applicable to

23  retirees as provided in subsection (9) shall not apply to DROP

24  participants until their employment and participation in the

25  DROP are terminated.

26         (i)  Contributions.--

27         1.  All employers paying the salary of a DROP

28  participant filling a regularly established position shall

29  contribute 11.56 percent of such participant's gross

30  compensation, which shall constitute the entire employer DROP

31  contribution with respect to such participant.  Such

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  1  contributions, payable to the System Trust Fund in the same

  2  manner as required in s. 121.071, shall be made as appropriate

  3  for each pay period and are in addition to contributions

  4  required for social security and the Retiree Health Insurance

  5  Subsidy Trust Fund.  Such employer, social security, and

  6  health insurance subsidy contributions are not included in the

  7  DROP.

  8         2.  The employer shall, in addition to subparagraph 1.,

  9  also withhold one-half of the entire social security

10  contribution required for the participant.  Contributions for

11  social security by each participant and each employer, in the

12  amount required for social security coverage as now or

13  hereafter provided by the federal Social Security Act, shall

14  be in addition to contributions specified in subparagraph 1.

15         3.  All employers paying the salary of a DROP

16  participant filling a regularly established position shall

17  contribute the percent of such participant's gross

18  compensation required in s. 121.071(4), which shall constitute

19  the employer's health insurance subsidy contribution with

20  respect to such participant. Such contributions shall be

21  deposited by the administrator in the Retiree Health Insurance

22  Subsidy Trust Fund.

23         (j)  Forfeiture of retirement benefits.--Nothing in

24  this section shall be construed to remove DROP participants

25  from the scope of s. 8(d), Art. II of the State Constitution,

26  s. 112.3173, and paragraph (5)(f). DROP participants who

27  commit a specified felony offense while employed will be

28  subject to forfeiture of all retirement benefits, including

29  DROP benefits, pursuant to those provisions of law.

30         (k)  Administration of program.--The division shall

31  make such rules as are necessary for the effective and

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  1  efficient administration of this subsection. The division

  2  shall not be required to advise members of the federal tax

  3  consequences of an election related to the DROP but may advise

  4  members to seek independent advice.

  5         (14)  PAYMENT OF BENEFITS.--This subsection applies to

  6  the payment of benefits to a payee (retiree or beneficiary)

  7  under the Florida Retirement System:

  8         (a)  Federal income tax shall be withheld in accordance

  9  with federal law, unless the payee elects otherwise on Form

10  W-4P. The division shall prepare and distribute to each

11  recipient of monthly retirement benefits an appropriate income

12  tax form that reflects the recipient's income and federal

13  income tax withheld for the calendar year just ended.

14         (b)  Subject to approval by the division in accordance

15  with rule 60S-4.015, Florida Administrative Code, a payee

16  receiving retirement benefits under the Florida Retirement

17  System may also have the following payments deducted from his

18  or her monthly benefit:

19         1.  Premiums for life and health-related insurance

20  policies from approved companies.

21         2.  Life insurance premiums for the State Group Life

22  Insurance Plan, if authorized in writing by the payee and by

23  the Department of Management Services.

24         3.  Repayment of overpayments from the Florida

25  Retirement System Trust Fund, the State Employees' Health

26  Insurance Trust Fund, or the State Employees' Life Insurance

27  Trust Fund, upon notification of the payee.

28         4.  Payments to an alternate payee for alimony, child

29  support, or division of marital assets pursuant to a qualified

30  domestic relations order under s. 222.21 or an income

31  deduction order under s. 61.1301.

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  1         5.  Payments to the Internal Revenue Service for

  2  federal income tax levies, upon notification of the division

  3  by the Internal Revenue Service.

  4         (c)  A payee shall notify the division of any change in

  5  his or her address. The division may suspend benefit payments

  6  to a payee if correspondence sent to the payee's mailing

  7  address is returned due to an incorrect address. Benefit

  8  payments shall be resumed upon notification to the division of

  9  the payee's new address.

10         (d)  A payee whose retirement benefits are reduced by

11  the application of maximum benefit limits under s. 415(b) of

12  the Internal Revenue Code, as specified in s. 121.30(5), shall

13  have the portion of his or her calculated benefit in the

14  Florida Retirement System defined benefit plan which exceeds

15  such federal limitation paid through the Florida Retirement

16  System Preservation of Benefits Plan, as provided in s.

17  121.1001.

18         Section 30.  Paragraph (b) of subsection (7) of section

19  121.101, Florida Statutes, is amended to read:

20         121.101  Cost-of-living adjustment of benefits.--

21         (7)  The purpose of this subsection is to establish a

22  supplemental cost-of-living adjustment for certain retirees

23  and beneficiaries who receive monthly retirement benefits

24  under the provisions of this chapter and the existing systems

25  consolidated therein, s. 112.05 for certain state officers and

26  employees, and s. 238.171 for certain elderly incapacitated

27  teachers.

28         (b)  Application for the supplemental cost-of-living

29  adjustment provided by this subsection shall include

30  certification by the retiree or annuitant that he or she is

31  not receiving, and is not eligible to receive, social security

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  1  benefits and shall include written authorization for the

  2  division department to have access to information from the

  3  Social Security Administration concerning his or her

  4  entitlement to, or eligibility for, social security benefits.

  5  Such supplemental cost-of-living adjustment shall not be paid

  6  unless and until the application requirements of this

  7  paragraph are met.

  8         Section 31.  Paragraph (e) of subsection (2) of section

  9  121.111, Florida Statutes, is amended to read:

10         121.111  Credit for military service.--

11         (2)  Any member whose initial date of employment is

12  before January 1, 1987, who has military service as defined in

13  s. 121.021(20)(b), and who does not claim such service under

14  subsection (1) may receive creditable service for such

15  military service if:

16         (e)  Any member claiming credit under this subsection

17  must certify on the form prescribed by the division department

18  that credit for such service has not and will not be claimed

19  for retirement purposes under any other federal, state, or

20  local retirement or pension system where "length of service"

21  is a factor in determining the amount of compensation

22  received, except where credit for such service has been

23  granted in a pension system providing retired pay for

24  nonregular service as provided in paragraph (d). If the member

25  dies prior to retirement, the member's beneficiary must make

26  the required certification before credit may be claimed. If

27  such certification is not made by the member or the member's

28  beneficiary, credit for wartime military service shall not be

29  allowed.

30         Section 32.  Section 121.133, Florida Statutes, is

31  amended to read:

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  1         121.133  Cancellation of uncashed

  2  warrants.--Notwithstanding the provisions of s. 17.26 or s.

  3  717.123 to the contrary, effective July 1, 1998, if any state

  4  warrant issued by the Comptroller for the payment of

  5  retirement benefits from the Florida Retirement System Trust

  6  Fund, or any other pension trust fund administered by the

  7  division department, is not presented for payment within 1

  8  year after the last day of the month in which it was

  9  originally issued, the Comptroller shall cancel the benefit

10  warrant and credit the amount of the warrant to the Florida

11  Retirement System Trust Fund or other pension trust fund

12  administered by the division department, as appropriate.  The

13  division department may provide for issuance of a replacement

14  warrant when deemed appropriate.

15         Section 33.  Section 121.135, Florida Statutes, is

16  amended to read:

17         121.135  Annual report to Legislature concerning

18  state-administered retirement systems.--The division

19  department shall make to each regular session of the

20  Legislature a written report on the operation and condition of

21  the state-administered retirement systems.

22         Section 34.  Section 121.136, Florida Statutes, is

23  amended to read:

24         121.136  Annual benefit statement to

25  members.--Beginning January 1, 1993, and each January

26  thereafter, the division department shall provide each active

27  member of the Florida Retirement System with 5 or more years

28  of creditable service an annual statement of benefits. Such

29  statement should provide the member with basic data about the

30  member's retirement account. Minimally, it shall include the

31  member's retirement plan, the amount of funds on deposit in

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  1  the retirement account, and an estimate of retirement

  2  benefits.

  3         Section 35.  Section 121.1815, Florida Statutes, is

  4  amended to read:

  5         121.1815  Special pensions to individuals;

  6  administration of laws by the Division of Retirement

  7  Department of Management Services.--All powers, duties, and

  8  functions related to the administration of laws providing

  9  special pensions to individuals, including chapter 18054, Laws

10  of Florida, 1937; chapter 26788, Laws of Florida, 1951, as

11  amended by chapter 57-871, Laws of Florida; chapter 26836,

12  Laws of Florida, 1951; and chapter 63-953, Laws of Florida,

13  are vested in the division department. All laws hereinafter

14  enacted by the Legislature pertaining to special pensions for

15  individuals shall be administered by the division department,

16  unless contrary provisions are contained in such law. Upon the

17  death of any person receiving a monthly pension under this

18  section, the monthly pension shall be paid through the last

19  day of the month of death and shall terminate on that date,

20  unless contrary provisions are contained in the special

21  pension law.

22         Section 36.  Subsection (1) of section 121.1905,

23  Florida Statutes, is amended to read:

24         121.1905  Division of Retirement; creation.--

25         (1)  There is created the Division of Retirement, which

26  shall be assigned to and administratively housed within the

27  State Board of Administration and shall exercise the powers

28  and duties specified in this chapter and in other chapters as

29  determined by law within the Department of Management

30  Services. The division shall be headed by a director who is

31

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  1  appointed by and serves at the pleasure of the State Board of

  2  Administration.

  3         Section 37.  Section 121.192, Florida Statutes, is

  4  amended to read:

  5         121.192  State retirement actuary.--The division

  6  department may employ an actuary. Such actuary shall, together

  7  with such other duties as the director assigns secretary may

  8  assign, be responsible for:

  9         (1)  Advising the director secretary on actuarial

10  matters of the state retirement systems.

11         (2)  Making periodic valuations of the retirement

12  systems.

13         (3)  Providing actuarial analyses to the Legislature

14  concerning proposed changes in the retirement systems.

15         (4)  Assisting the director secretary in developing a

16  sound and modern retirement system.

17         Section 38.  Section 121.193, Florida Statutes, is

18  amended to read:

19         121.193  External compliance audits.--

20         (1)  The division department shall conduct audits of

21  the payroll and personnel records of participating agencies.

22  These audits shall be made to determine the accuracy of

23  reports submitted to the division department and to assess the

24  degree of compliance with applicable statutes, rules, and

25  coverage agreements. Audits shall be scheduled on a regular

26  basis, as the result of concerns known to exist at an agency,

27  or as a followup to ensure agency action was taken to correct

28  deficiencies found in an earlier audit.

29         (2)  Upon request, participating agencies shall furnish

30  the division department with information and documents that

31  the division department requires to conduct the audit. The

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  1  division department may prescribe by rule the documents that

  2  may be requested.

  3         (3)  The division department shall review the agency's

  4  operations concerning retirement and social security coverage.

  5  Preliminary findings shall be discussed with agency personnel

  6  at the close of the audit. An audit report of findings and

  7  recommendations shall be submitted to division department

  8  management and an audit summary letter shall be submitted to

  9  the agency noting any concerns and necessary corrective

10  action.

11         Section 39.  Subsection (1) of section 121.22, Florida

12  Statutes, is amended to read:

13         121.22  State Retirement Commission; creation;

14  membership; compensation.--

15         (1)(a)  There is created within the Division of

16  Retirement Department of Management Services a State

17  Retirement Commission composed of seven members: Two members

18  One member who are is retired under a state-supported

19  retirement system administered by the division department; two

20  members from different occupational backgrounds who are active

21  members in a state-supported retirement system that is

22  administered by the division department; and three four

23  members who are not retirees, beneficiaries, or members of a

24  state-supported retirement system that is administered by the

25  division department.

26         (b)  The State Retirement Commission shall be assigned

27  to and administratively housed within the Division of

28  Retirement, but the commission shall function independently

29  and shall not be under the supervision of the division or the

30  board. The exercise by the commission of its powers, duties,

31

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  1  and functions as prescribed by law is not subject to the

  2  review or approval of the division or the board.

  3         Section 40.  Subsection (1) of section 121.23, Florida

  4  Statutes, is amended to read:

  5         121.23  Disability retirement and special risk

  6  membership applications; Retirement Commission; powers and

  7  duties; judicial review.--The provisions of this section apply

  8  to all proceedings in which the administrator has made a

  9  written final decision on the merits respecting applications

10  for disability retirement, reexamination of retired members

11  receiving disability benefits, applications for special risk

12  membership, and reexamination of special risk members in the

13  Florida Retirement System.  The jurisdiction of the State

14  Retirement Commission under this section shall be limited to

15  written final decisions of the administrator on the merits.

16         (1)  In accordance with the rules of procedure adopted

17  by the Division Department of Management Services, the

18  administrator shall:

19         (a)  Give reasonable notice of his or her proposed

20  action, or decision to refuse action, together with a summary

21  of the factual, legal, and policy grounds therefor.

22         (b)  Give affected members, or their counsel, an

23  opportunity to present to the division written evidence in

24  opposition to the proposed action or refusal to act or a

25  written statement challenging the grounds upon which the

26  administrator has chosen to justify his or her action or

27  inaction.

28         (c)  If the objections of the member are overruled,

29  provide a written explanation within 21 days.

30         Section 41.  Subsections (2), (3), and (4) of section

31  121.24, Florida Statutes, are amended to read:

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  1         121.24  Conduct of commission business; legal and other

  2  assistance; compensation.--

  3         (2)  Legal counsel for the commission may be provided

  4  by the Department of Legal Affairs or by the division

  5  Department of Management Services, with the concurrence of the

  6  commission, and shall be paid by the division Department of

  7  Management Services from the appropriate funds.

  8         (3)  The division Department of Management Services

  9  shall provide timely and appropriate training for newly

10  appointed members of the commission. Such training shall be

11  designed to acquaint new members of the commission with the

12  duties and responsibilities of the commission.

13         (4)  The division Department of Management Services

14  shall furnish administrative and secretarial assistance to the

15  commission and shall provide a place where the commission may

16  hold its meetings.

17         Section 42.  Subsection (9) of section 121.30, Florida

18  Statutes, is amended to read:

19         121.30  Statements of purpose and intent and other

20  provisions required for qualification under the Internal

21  Revenue Code of the United States.--Any other provisions in

22  this chapter to the contrary notwithstanding, it is

23  specifically provided that:

24         (9)  The division department may adopt any rule

25  necessary to accomplish the purpose of the section which is

26  not inconsistent with this chapter.

27         Section 43.  Paragraph (c) of subsection (2),

28  paragraphs (c) and (e) of subsection (3), paragraphs (a), (b),

29  and (c) of subsection (4), and subsection (6) of section

30  121.35, Florida Statutes, are amended to read:

31

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  1         121.35  Optional retirement program for the State

  2  University System.--

  3         (2)  ELIGIBILITY FOR PARTICIPATION IN OPTIONAL

  4  PROGRAM.--

  5         (c)  For purposes of this section, the Division of

  6  Retirement Department of Management Services is referred to as

  7  the "division department."

  8         (3)  ELECTION OF OPTIONAL PROGRAM.--

  9         (c)  Any employee who becomes eligible to participate

10  in the optional retirement program on or after January 1,

11  1993, shall be a compulsory participant of the program unless

12  such employee elects membership in the Florida Retirement

13  System.  Such election shall be made in writing and filed with

14  the personnel officer of the employer.  Any eligible employee

15  who fails to make such election within the prescribed time

16  period shall be deemed to have elected to participate in the

17  optional retirement program.

18         1.  Any employee whose optional retirement program

19  eligibility results from initial employment shall be enrolled

20  in the program at the commencement of employment.  If, within

21  90 days after commencement of employment, the employee elects

22  membership in the Florida Retirement System, such membership

23  shall be effective retroactive to the date of commencement of

24  employment.

25         2.  Any employee whose optional retirement program

26  eligibility results from a change in status due to the

27  subsequent designation of the employee's position as one of

28  those specified in paragraph (2)(a) or due to the employee's

29  appointment, promotion, transfer, or reclassification to a

30  position specified in paragraph (2)(a) shall be enrolled in

31  the optional retirement program upon such change in status and

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  1  shall be notified by the employer of such action.  If, within

  2  90 days after the date of such notification, the employee

  3  elects to retain membership in the Florida Retirement System,

  4  such continuation of membership shall be retroactive to the

  5  date of the change in status.

  6         3.  Notwithstanding the provisions of this paragraph,

  7  effective July 1, 1997, any employee who is eligible to

  8  participate in the Optional Retirement Program and who fails

  9  to execute an annuity contract with one of the approved

10  companies and to notify the division department in writing as

11  provided in subsection (4) within 90 days of the date of

12  eligibility shall be deemed to have elected membership in the

13  Florida Retirement System, except as provided in s.

14  121.051(1)(a). This provision shall also apply to any employee

15  who terminates employment in an eligible position before

16  executing the required annuity contract and notifying the

17  division department. Such membership shall be retroactive to

18  the date of eligibility, and all appropriate contributions

19  shall be transferred to the Florida Retirement System Trust

20  Fund and the Health Insurance Subsidy Trust Fund.

21         (e)  The election by an eligible employee to

22  participate in the optional retirement program shall be

23  irrevocable for so long as the employee continues to meet the

24  eligibility requirements specified in subsection (2), except

25  as provided in paragraph (h). In the event that an employee

26  participates in the optional retirement program for 90 days or

27  more and is subsequently employed in an administrative or

28  professional position which has been determined by the

29  division department, under subparagraph (2)(a)2., to be not

30  otherwise eligible for participation in the optional

31  retirement program, the employee shall continue participation

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  1  in the optional program so long as the employee meets the

  2  other eligibility requirements for the program, except as

  3  provided in paragraph (h).

  4         (4)  CONTRIBUTIONS.--

  5         (a)  Each employer shall contribute on behalf of each

  6  participant in the optional retirement program an amount equal

  7  to the normal cost portion of the employer retirement

  8  contribution which would be required if the participant were a

  9  regular member of the Florida Retirement System, plus the

10  portion of the contribution rate required in s. 112.363(8)

11  that would otherwise be assigned to the Retiree Health

12  Insurance Subsidy Trust Fund, less an amount approved by the

13  Legislature which shall be deducted by the division department

14  to provide for the administration of this program. The payment

15  of the contributions to the optional program which is required

16  by this paragraph for each participant shall be made by the

17  employer to the division department, which shall forward the

18  contributions to the designated company or companies

19  contracting for payment of benefits for the participant under

20  the program. However, such contributions paid on behalf of an

21  employee described in paragraph (3)(c) shall not be forwarded

22  to a company and shall not begin to accrue interest until the

23  employee has executed an annuity contract and notified the

24  division department.

25         (b)  Each employer shall contribute on behalf of each

26  participant in the optional retirement program an amount equal

27  to the unfunded actuarial accrued liability portion of the

28  employer contribution which would be required for members of

29  the Florida Retirement System.  This contribution shall be

30  paid to the division department for transfer to the Florida

31  Retirement System Trust Fund.

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  1         (c)  An Optional Retirement Program Trust Fund shall be

  2  established in the State Treasury and administered by the

  3  division department to make payments to the provider companies

  4  on behalf of the optional retirement program participants, and

  5  to transfer the unfunded liability portion of the state

  6  optional retirement program contributions to the Florida

  7  Retirement System Trust Fund.

  8         (6)  ADMINISTRATION OF PROGRAM.--

  9         (a)  The optional retirement program authorized by this

10  section shall be administered by the division department.  The

11  division department shall adopt rules establishing the

12  responsibilities of the Board of Regents and institutions in

13  the State University System in administering the optional

14  retirement program. The Board of Regents shall, no more than

15  90 days after July 1, 1983, submit to the division department

16  its recommendations for the annuity contracts to be offered by

17  the companies chosen by the division department.  The

18  recommendations of the board shall include the following:

19         1.  The nature and extent of the rights and benefits in

20  relation to the required contributions; and

21         2.  The suitability of the rights and benefits to the

22  needs of the participants and the interests of the

23  institutions in the recruitment and retention of eligible

24  employees.

25         (b)  After receiving and considering the

26  recommendations of the Board of Regents, the division

27  department shall designate no more than four companies from

28  which annuity contracts may be purchased under the program and

29  shall approve the form and content of the optional retirement

30  program contracts.  Upon application by a qualified Florida

31  domestic company, the division department shall give

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  1  reasonable notice to all other such companies that it intends

  2  to designate one of such companies as a fifth company from

  3  which annuity contracts may be purchased pursuant to this

  4  section and that they may apply for such designation prior to

  5  the deadline established by said notice. At least 60 days

  6  after giving such notice and upon receipt of the

  7  recommendation of the Board of Regents, the division

  8  department shall so designate one of such companies as the

  9  fifth company from which such contracts may be purchased.

10         (c)  Effective July 1, 1997, the State Board of

11  Administration shall review and make recommendations to the

12  division department on the acceptability of all investment

13  products proposed by provider companies of the optional

14  retirement program before they are offered through annuity

15  contracts to the participants and may advise the division

16  department of any changes necessary to ensure that the

17  optional retirement program offers an acceptable mix of

18  investment products. The division department shall make the

19  final determination as to whether an investment product will

20  be approved for the program.

21         (d)  The provisions of each contract applicable to a

22  participant in the optional retirement program shall be

23  contained in a written program description which shall include

24  a report of pertinent financial and actuarial information on

25  the solvency and actuarial soundness of the program and the

26  benefits applicable to the participant.  Such description

27  shall be furnished by the companies to each participant in the

28  program and to the division department upon commencement of

29  participation in the program and annually thereafter.

30         (e)  The division department shall ensure that each

31  participant in the optional retirement program is provided an

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  1  accounting of the total contribution and the annual

  2  contribution made by and on behalf of such participant.

  3         Section 44.  Paragraph (b) of subsection (3) and

  4  paragraphs (a) and (b) of subsection (14) of section 121.40,

  5  Florida Statutes, are amended to read:

  6         121.40  Cooperative extension personnel at the

  7  Institute of Food and Agricultural Sciences; supplemental

  8  retirement benefits.--

  9         (3)  DEFINITIONS.--The definitions provided in s.

10  121.021 shall not apply to this section except when

11  specifically cited.  For the purposes of this section, the

12  following words or phrases have the respective meanings set

13  forth:

14         (b)  "Division" "Department" means the Division of

15  Retirement of the State Board of Administration Department of

16  Management Services.

17         (14)  ADMINISTRATION OF SYSTEM.--

18         (a)  The division department shall make such rules as

19  are necessary for the effective and efficient administration

20  of this system.  The director secretary of the division

21  department shall be the administrator of the system. The funds

22  to pay the expenses for such administration shall be

23  appropriated from the interest earned on investments made for

24  the trust fund.

25         (b)  The division department is authorized to require

26  oaths, by affidavit or otherwise, and acknowledgments from

27  persons in connection with the administration of its duties

28  and responsibilities under this section.

29         Section 45.  Subsection (3) of section 121.45, Florida

30  Statutes, is amended to read:

31

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  1         121.45  Interstate compacts relating to pension

  2  portability.--

  3         (3)  ESTABLISHMENT OF COMPACTS.--

  4         (a)  The division Department of Management Services is

  5  authorized and directed to survey other state retirement

  6  systems to determine if such retirement systems are interested

  7  in developing an interstate compact with Florida.

  8         (b)  If any such state is interested in pursuing the

  9  matter, the division department shall confer with the other

10  state and the consulting actuaries of both states, and shall

11  present its findings to the committees having jurisdiction

12  over retirement matters in the Legislature, and to

13  representatives of affected certified bargaining units, in

14  order to determine the feasibility of developing a portability

15  compact, what groups should be covered, and the goals and

16  priorities which should guide such development.

17         (c)  Upon a determination that such a compact is

18  feasible and upon request of the Legislature, the division

19  department, together with its consulting actuaries, shall, in

20  accordance with such said goals and priorities, develop a

21  proposal under which retirement credit may be transferred to

22  or from Florida in an actuarially sound manner.

23         (d)  Once a proposal has been developed, the division

24  department shall contract with its consulting actuaries to

25  conduct an actuarial study of the proposal to determine the

26  cost to the Florida Retirement System Trust Fund and the State

27  of Florida.

28         (e)  After the actuarial study has been completed, the

29  division department shall present its findings and the

30  actuarial study to the Legislature for consideration.  If

31  either house of the Legislature elects to enter into such a

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  1  compact, it shall be introduced in the form of a proposed

  2  committee bill to the full Legislature during the same or next

  3  regular session.

  4         Section 46.  Subsections (1) and (6) of section 122.02,

  5  Florida Statutes, are amended to read:

  6         122.02  Definitions.--The following words and phrases

  7  as used in this chapter shall have the following meaning

  8  unless a different meaning is plainly required by the context:

  9         (1)  "State and county officers and employees" shall

10  include all full-time officers or employees who receive

11  compensation for services rendered from state or county funds,

12  or from funds of drainage districts or mosquito control

13  districts of a county or counties, or from funds of the State

14  Board of Administration or from funds of closed bank

15  receivership accounts or from funds of any state institution

16  or who receive compensation for employment or service from any

17  agency, branch, department, institution or board of the state,

18  or any county of the state, for service rendered the state or

19  county from funds from any source provided for their

20  employment or service regardless of whether the same is paid

21  by state or county warrant or not; provided that such

22  compensation in whatever form paid shall be specified in terms

23  of fixed monthly salaries by the employing state or county

24  agency or state or county official and shall not include

25  amounts allowed for professional employees for special or

26  particular service or for subsistence or travel expenses;

27  provided further the division department shall prescribe

28  appropriate procedure for contribution deduction out of such

29  compensation in accordance with the provisions of this

30  chapter, provided further that such officers and employees

31

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  1  defined herein shall not include those officers and employees

  2  excepted from the provisions by s. 122.18 of this law.

  3         (6)  "Division" "Department" means the Division of

  4  Retirement of the State Board of Administration Department of

  5  Management Services.

  6         Section 47.  Paragraph (d) of subsection (6) and

  7  subsection (9) of section 122.03, Florida Statutes, are

  8  amended to read:

  9         122.03  Contributions; participants; prior service

10  credit.--

11         (6)  Any officer or employee who held office or was

12  employed by the state or a county of the state continuously

13  from May 1, 1959, and who has not previously received credit

14  for, or is not eligible to claim credit for, prior years of

15  service under subsection (2); or any officer or employee who

16  holds office or is employed by the state or a county of the

17  state on June 1, 1961, and is continuously employed; or any

18  officer or employee who holds office or is employed by the

19  state or county of the state after June 1, 1961, and who is

20  continuously employed for 3 years, during which period of time

21  no back payments may be made:

22         (d)  Prior service allowance may be made only for those

23  periods in which state or county records of service and salary

24  are available, or at least three affidavits and such other

25  information as might be required by the division department to

26  meet the provisions of this law.

27         (9)  The surviving spouse or other dependent of any

28  member whose employment is terminated by death shall, upon

29  application to the division department, be permitted to pay

30  the required contributions for any service performed by the

31  member which could have been claimed by the member at the time

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  1  of death. Such service shall be added to the creditable

  2  service of the member and shall be used in the calculation of

  3  any benefits which may be payable to the surviving spouse or

  4  other surviving dependent.

  5         Section 48.  Subsection (2) of section 122.05, Florida

  6  Statutes, is amended to read:

  7         122.05  Legislator services included.--

  8         (2)  The division department and state officials

  9  administering such said retirement system shall make the

10  contribution deductions required by law from the compensation

11  hereafter received by any of the said participating members of

12  the Legislature for service rendered the State Legislature in

13  the same manner as in the case of other state employment.

14         Section 49.  Subsection (2) of section 122.06, Florida

15  Statutes, is amended to read:

16         122.06  Legislative employee services included.--

17         (2)  The division department and other state officials

18  administering the said retirement system shall make the

19  contribution deductions required by law from the compensation

20  hereafter received by any of the said participating attaches

21  for service rendered the State Legislature in the same manner

22  as in the case of other state employment.

23         Section 50.  Subsection (2) of section 122.07, Florida

24  Statutes, is amended to read:

25         122.07  Seasonal state employment included; time limit

26  and procedure for claiming.--

27         (2)  Any state employee as described in subsection (1)

28  in the classification set forth in s. 122.01 may elect to

29  receive credit as a state employee under the State and County

30  Officers and Employees' Retirement System by providing to the

31  division department a statement from the state in which he or

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  1  she was employed, listing days employed and monthly earnings

  2  and such other information as may, in the opinion of the

  3  division department, be necessary or appropriate in the

  4  carrying out of this section. Credit shall be granted upon

  5  payment to the division department by such employee of an

  6  amount equal to the total retirement contribution that would

  7  have been required had the member worked in this state during

  8  the period based on the salary drawn by such employee during

  9  his or her last full month of employment by the state or any

10  department thereof for each month during such said fiscal year

11  for which such employee was not employed by the state or any

12  department thereof, but was employed by some other state, plus

13  interest compounded annually each June 30 from the date of the

14  service in another state to the date of payment at the rate of

15  4 percent until July 1, 1975, and 6.5 percent thereafter.  The

16  member shall have until his or her date of retirement to claim

17  and purchase credit for such employment in another state.

18         Section 51.  Paragraph (a) of subsection (1), Paragraph

19  (b) of subsection (4), and subsections (5) and (9) of section

20  122.08, Florida Statutes, are amended to read:

21         122.08  Requirements for retirement;

22  classifications.--There shall be two retirement

23  classifications for all state and county officers and

24  employees participating herein as hereafter provided in this

25  section:

26         (1)(a)  Any state or county officer or employee who has

27  attained normal retirement age, which shall be age 60 for a

28  person who had become a member prior to July 1, 1963, and age

29  62 for a person who had or shall become a member on or after

30  July 1, 1963, and has accumulated at least 10 years' service

31  in the aggregate within the contemplation of this law, and who

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  1  has made or makes contributions to the State and County

  2  Officers and Employees' Retirement Trust Fund for 5 or more

  3  years as prescribed in this law, may voluntarily retire from

  4  office or employment and be entitled to receive retirement

  5  compensation, the amount of which shall be 2 percent for each

  6  year of service rendered, based upon the average final

  7  compensation, payable in equal monthly installments, upon his

  8  or her own requisition.  Requisition requirements shall be set

  9  by the division department.

10         (4)

11         (b)  A member who elects an option in paragraph (a)

12  shall on a form provided for that purpose designate his or her

13  spouse as beneficiary to receive the benefits which continue

14  to be payable upon the death of the member.  After such

15  benefits have commenced under an option in paragraph (a), the

16  retired member may change the designation of his or her spouse

17  as beneficiary only twice.  If such a retired member remarries

18  and wishes to make such a change, he or she may do so by

19  filing with the division department a notarized change of

20  spouse designation form and shall notify the former spouse in

21  writing of such change. Upon receipt of a completed change of

22  spouse designation form, the division department shall adjust

23  the member's monthly benefit by the application of actuarial

24  tables and calculations developed to ensure that the benefit

25  paid is the actuarial equivalent of the present value of the

26  member's current benefit. The consent of a retired member's

27  formerly designated spouse as beneficiary to any such change

28  shall not be required.

29         (5)  Tables for computing the actuarial equivalent

30  shall be approved by the division department.

31

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  1         (9)  Notwithstanding any other provision in this

  2  chapter to the contrary, the following provisions shall apply

  3  to any officer or employee who has accumulated at least 10

  4  years of service and dies:

  5         (a)  If the deceased member's surviving spouse has

  6  previously received a refund of the member's contributions

  7  made to the retirement trust fund, such spouse may pay to the

  8  division department an amount equal to the sum of the amount

  9  of the deceased member's contributions previously refunded and

10  interest at 3 percent compounded annually on the amount of

11  such refunded contributions from the date of refund until July

12  1, 1975, and thereafter at the rate of 6.5 percent interest

13  compounded annually to the date of payment to the division

14  department, and by so doing be entitled to receive the monthly

15  retirement benefit provided in paragraph (c).

16         (b)  If the deceased member's surviving spouse has not

17  received a refund of the deceased member's contributions, such

18  spouse shall, upon application to the division department,

19  receive the monthly retirement benefit provided in paragraph

20  (c).

21         (c)  The monthly benefit payable to the spouse

22  described in paragraph (a) or paragraph (b) shall be the

23  amount which would have been payable to the deceased member's

24  spouse, assuming that the member retired on the date of death

25  and had selected the option in subsection (4) which would

26  afford the surviving spouse the greatest amount of benefits,

27  such benefit to be based on the ages of the spouse and member

28  as of the date of death of the member.  Such benefit shall

29  commence on the first day of the month following the payment

30  of the aforesaid amount to the division department, if

31  paragraph (a) is applicable, or on the first day of the month

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  1  following the receipt of the spouse's application by the

  2  division department, if paragraph (b) is applicable.

  3         Section 52.  Section 122.09, Florida Statutes, is

  4  amended to read:

  5         122.09  Disability retirement; medical

  6  examinations.--Whenever any officer or employee of the state

  7  or county of the state has service credit as such officer or

  8  employee for 10 years within the contemplation of this law,

  9  the last 5 years of which, except for a single break not to

10  exceed 1 year, must be continuous, unbroken service and who is

11  regularly contributing to the State and County Officers and

12  Employees' Retirement Trust Fund and shall while holding such

13  office or employment become permanently and totally disabled,

14  physically or mentally, or both, from rendering useful and

15  efficient service as such officer or employee, such officer or

16  employee may retire from his or her office or employment, and

17  upon such retirement the officer or employee shall be paid, so

18  long as the permanent and total disability continues, on his

19  or her own monthly requisition, from the State and County

20  Officers and Employees' Retirement Trust Fund hereinafter

21  established, retirement compensation as provided in s. 122.08;

22  provided that no officer or employee retiring under this

23  section shall receive less than 50 percent of his or her

24  average final compensation not to exceed $75.  No officer or

25  employee of the state and county of the state shall be

26  permitted to retire under the provisions of this section until

27  examined by a duly qualified physician or surgeon or board of

28  physicians and surgeons, to be selected by the Governor for

29  that purpose, and found to be disabled in the degree and in

30  the manner specified in this section.  Any officer or employee

31  retiring under this section shall be examined periodically by

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  1  a duly qualified physician or surgeon or board of physicians

  2  and surgeons to be selected by the Governor for that purpose

  3  and paid from the retirement trust fund herein provided for,

  4  at such time as the division directs Department of Management

  5  Services shall direct to determine if such total disability

  6  has continued and in the event it be disclosed by said

  7  examination that said total disability has ceased to exist,

  8  then such officer or employee shall forthwith cease to be paid

  9  benefits under this section.  Reference to s. 122.08 is for

10  the purpose of computing benefits only.  Any person heretofore

11  retired under this section shall be eligible to qualify for

12  the minimum benefits provided herein; however, minimum

13  benefits shall not be paid retroactively.

14         Section 53.  Subsection (4) of section 122.10, Florida

15  Statutes, is amended to read:

16         122.10  Separation from service; refund of

17  contributions.--

18         (4)  If Should any officer or employee elects elect to

19  receive a refund as provided in this section, his or her

20  application for refund shall be submitted in the manner

21  prescribed by the rules regulations adopted by the division

22  department and shall accompany the payroll certification,

23  submitted to the division department, on which he or she was

24  last paid prior to termination.  The division department shall

25  pay the entire refund due within 45 days after the first day

26  of the month subsequent to receipt of such application for

27  refund and said payroll certification.

28         Section 54.  Subsection (1) of section 122.12, Florida

29  Statutes, is amended to read:

30

31

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  1         122.12  Designation of beneficiary; death of

  2  participant; forfeiture of contributions after benefits paid;

  3  survivor benefits.--

  4         (1)  Any officer or employee may file, in writing, a

  5  designation of beneficiary and it shall be the duty of the

  6  division department to refund 100 percent, without interest,

  7  of the contributions made to the retirement trust fund by such

  8  deceased officer or employee to such designated beneficiary.

  9  The officer or employee shall have the privilege of changing,

10  in writing, the designated beneficiary at any time. Upon

11  failure to designate a beneficiary, the refund shall be made

12  to the persons in the same order as designated in  s. 222.15,

13  for wages due deceased employees.  If the deceased officer or

14  employee has received any benefits under this law, no refund

15  shall be made unless such officer or employee has elected to

16  accept benefits under s. 122.08(3) or (4).

17         Section 55.  Section 122.13, Florida Statutes, is

18  amended to read:

19         122.13  Administration of law; appropriation.--The

20  division department shall make such rules as are necessary for

21  the effective administration of this chapter, and the cost is

22  hereby annually appropriated and shall be paid into the State

23  and County Officers and Employees' Retirement Trust Fund out

24  of the Intangible Tax Fund in the State Treasury in the amount

25  necessary to administer efficiently the state and county

26  retirement law.  At the end of each fiscal year, beginning

27  with fiscal year 1959-1960, the administrative cost of the

28  state and county retirement system for the fiscal year just

29  ended shall be refunded to the General Revenue Fund from

30  interest earned on investments made subsequent to June 30,

31  1959.

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  1         Section 56.  Subsection (2) of section 122.15, Florida

  2  Statutes, is amended to read:

  3         122.15  Benefits exempt from taxes and execution.--

  4         (2)  This subsection shall have no effect upon this

  5  section except that the division department may, upon written

  6  request from the retired member, deduct premiums for group

  7  hospitalization insurance from the retirement benefit paid

  8  such retired member.

  9         Section 57.  Paragraph (b) of subsection (2) of section

10  122.16, Florida Statutes, is amended to read:

11         122.16  Employment after retirement.--

12         (2)

13         (b)  Any person to whom the limitation in paragraph (a)

14  applies who violates such reemployment limitation and is

15  reemployed with any agency participating in the Florida

16  Retirement System prior to completion of the 12-month

17  limitation period shall give timely notice of this fact in

18  writing to his or her employer and to the division department;

19  and his or her retirement benefits shall be suspended for the

20  balance of the 12-month limitation period.  Any person

21  employed in violation of this subsection and any employing

22  agency which knowingly employs or appoints such person without

23  notifying the division department to suspend retirement

24  benefits shall be jointly and severally liable for

25  reimbursement to the retirement trust fund of any benefits

26  paid during the reemployment limitation period.  To avoid

27  liability, such employing agency shall have a written

28  statement from the retiree that he or she is not retired from

29  a state-administered retirement system.  Any retirement

30  benefits received by such person while he or she is reemployed

31  during this reemployment limitation period shall be repaid to

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  1  the retirement trust fund, and his or her retirement benefits

  2  shall remain suspended until such repayment has been made. Any

  3  benefits suspended beyond the reemployment limitation period

  4  shall apply toward the repayment of benefits received in

  5  violation of the reemployment limitation.

  6         Section 58.  Subsections (3) and (5) of section 122.23,

  7  Florida Statutes, are amended to read:

  8         122.23  Definitions.--In addition to those definitions

  9  set forth in s. 122.02 the following words and phrases used in

10  ss. 122.21-122.24, 122.26 to 122.321, inclusive, have the

11  respective meanings set forth:

12         (3)  "Division" "Department" means the Division of

13  Retirement of the State Board of Administration Department of

14  Management Services.

15         (5)  "State agency" means the division Department of

16  Management Services within the provisions and contemplation of

17  chapter 650.

18         Section 59.  Subsections (1) and (5) of section 122.30,

19  Florida Statutes, are amended to read:

20         122.30  Appropriations.--

21         (1)  There is hereby annually appropriated from the

22  intangible tax fund of the state to the division department as

23  the state agency designated in chapter 650, a sum not to

24  exceed $10,000 to defray the expenses of such agency in

25  connection with its continuing duties in relation to the

26  social security coverage provided by this law.

27         (5)  In addition to amounts appropriated by other

28  provisions of this chapter or other laws to defray cost of

29  administration of this system, there is hereby appropriated

30  out of the Intangible Tax Fund of the state for use of the

31  division department in its administration of the two divisions

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  1  of this system, the sum of $100,000, or so much thereof as may

  2  be required for that purpose.

  3         Section 60.  Paragraphs (b) and (c) of subsection (1)

  4  and subsection (11) of section 122.34, Florida Statutes, are

  5  amended to read:

  6         122.34  Special provisions for certain sheriffs and

  7  full-time deputy sheriffs.--

  8         (1)

  9         (b)  Only those members who are full-time criminal law

10  enforcement officers or agents, as certified by the employing

11  authority, who perform duties according to rule, order, or

12  established custom as full-time criminal law enforcement

13  officers or agents shall be certified to the division

14  department as high hazard members, and only such members will

15  be approved by the division department.

16         (c)  The division department shall make such rules as

17  are necessary for the effective administration of the intent

18  of this section.

19         (11)  No high hazard member shall be permitted to

20  receive benefits under this section until examined by a duly

21  qualified physician or surgeon, or board of physicians and

22  surgeons, to be selected by the Governor for that purpose, and

23  found to be disabled in the degree and in the manner specified

24  in this section.  At such time as the division Department of

25  Management Services directs, any high hazard member receiving

26  disability benefits under this section shall submit to a

27  medical examination to determine if such disability has

28  continued, and the cost of such examination shall be paid from

29  the retirement trust fund herein provided for; and in the

30  event it is declared by such said examination that such said

31  disability has cleared, such member shall be ordered to return

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  1  to active duty with the same rank and salary that he or she

  2  had at the time of disability.  Any such member who shall fail

  3  to return to duty following such order shall forfeit all

  4  rights and claims under this law.  Every high hazard member

  5  retiring under this provision shall be paid so long as the

  6  member's permanent total or partial disability continues, on

  7  his or her own requisition.

  8         Section 61.  Section 122.351, Florida Statutes, is

  9  amended to read:

10         122.351  Funding by local agencies.--Commencing on July

11  1, 1969, all county and local agencies covered under the

12  provisions of s. 122.35 shall accumulate and be responsible

13  for the payment of social security and retirement matching

14  costs as required under s. 122.35, from the intangible tax

15  allocation of that county and any other source available to

16  the local governmental units, except that all agencies, other

17  than the school boards, shall be given credit for 50 percent

18  of their 1967-1969 actual employer matching cost, actual cost

19  being that cost in cash actually paid by the employer for

20  matching retirement and social security into the fund by the

21  agency for such said biennium. The above credit of 50 percent

22  shall be calculated by the division department.

23         Section 62.  Subsection (6) of section 175.032, Florida

24  Statutes, is amended to read:

25         175.032  Definitions.--For any municipality, special

26  fire control district, chapter plan, local law municipality,

27  local law special fire control district, or local law plan

28  under this chapter, the following words and phrases have the

29  following meanings:

30

31

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  1         (6)  "Division" means the Division of Retirement of the

  2  State Board of Administration Department of Management

  3  Services.

  4         Section 63.  Section 175.1215, Florida Statutes, is

  5  amended to read:

  6         175.1215  Police and Firefighters' Premium Tax Trust

  7  Fund.--The Police and Firefighters' Premium Tax Trust Fund is

  8  created, to be administered by the Division of Retirement of

  9  the Department of Management Services.  Funds credited to the

10  trust fund, as provided in chapter 95-250, Laws of Florida, or

11  similar legislation, shall be expended for the purposes set

12  forth in that legislation.

13         Section 64.  Subsection (7) of section 185.02, Florida

14  Statutes, is amended to read:

15         185.02  Definitions.--For any municipality, chapter

16  plan, local law municipality, or local law plan under this

17  chapter, the following words and phrases as used in this

18  chapter shall have the following meanings, unless a different

19  meaning is plainly required by the context:

20         (7)  "Division" means the Division of Retirement of the

21  State Board of Administration Department of Management

22  Services.

23         Section 65.  Section 185.105, Florida Statutes, is

24  amended to read:

25         185.105  Police and Firefighters' Premium Tax Trust

26  Fund.--The Police and Firefighters' Premium Tax Trust Fund is

27  created, to be administered by the Division of Retirement of

28  the Department of Management Services.  Funds credited to the

29  trust fund, as provided in chapter 95-250, Laws of Florida, or

30  similar legislation, shall be expended for the purposes set

31  forth in that legislation.

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  1         Section 66.  Paragraph (ii) of subsection (4) of

  2  section 215.20, Florida Statutes, is amended to read:

  3         215.20  Certain income and certain trust funds to

  4  contribute to the General Revenue Fund.--

  5         (4)  The income of a revenue nature deposited in the

  6  following described trust funds, by whatever name designated,

  7  is that from which the deductions authorized by subsection (3)

  8  shall be made:

  9         (ii)  The Police and Firefighters' Premium Tax Trust

10  Fund established within the Division of Retirement of the

11  State Board of Administration Department of Management

12  Services.

13

14  The enumeration of the foregoing moneys or trust funds shall

15  not prohibit the applicability thereto of s. 215.24 should the

16  Governor determine that for the reasons mentioned in s. 215.24

17  the money or trust funds should be exempt herefrom, as it is

18  the purpose of this law to exempt income from its force and

19  effect when, by the operation of this law, federal matching

20  funds or contributions or private grants to any trust fund

21  would be lost to the state.

22         Section 67.  Subsection (3) of section 215.28, Florida

23  Statutes, is amended to read:

24         215.28  United States securities, purchase by state and

25  county officers and employees; deductions from salary.--

26         (3)  All deductions so made by any such disbursing

27  authority shall be deposited in a trust account separate and

28  apart from the funds of the state, county, or subordinate

29  agency.  Such account will be subject to withdrawal only for

30  the purchase of United States securities on behalf of officers

31  and employees, or for refunds to such persons in accordance

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  1  with the provisions of this law.  Whenever the sum of $18.75

  2  or the purchase price of the security requested to be

  3  purchased is accumulated from deductions so made from the

  4  salaries or wages of an officer or employee, such disbursing

  5  agent shall arrange the purchase of the bond or security

  6  applied for and have it registered in the name or names

  7  requested in the deduction authorization. Securities so

  8  purchased will be delivered in such manner as may be

  9  convenient for the issuing agent and the purchaser.  Any

10  interest earned on moneys in such account while awaiting the

11  accumulation of the purchase price of the security shall be

12  transferred to the Florida Retirement System Trust Fund as

13  reimbursement for administrative costs incurred by the

14  Division of Retirement of the State Board of Administration

15  Department of Management Services under this section.

16         Section 68.  Subsection (3) of section 215.50, Florida

17  Statutes, is amended to read:

18         215.50  Custody of securities purchased; income.--

19         (3)  The Treasurer, as custodian of securities owned by

20  the Florida Retirement System Trust Fund and the Florida

21  Survivor Benefit Trust Fund, shall collect the interest,

22  dividends, prepayments, maturities, proceeds from sales, and

23  other income accruing from such assets.  As such income is

24  collected by the Treasurer, it shall be deposited directly

25  into a commercial bank to the credit of the State Board of

26  Administration.  Such bank accounts as may be required for

27  this purpose shall offer satisfactory collateral security as

28  provided by chapter 280.  In the event funds so deposited

29  according to the provisions of this section are required for

30  the purpose of paying benefits or other operational needs, the

31  State Board of Administration shall remit to the Florida

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  1  Retirement System Trust Fund in the State Treasury such

  2  amounts as may be requested by the director of the Division of

  3  Retirement of the State Board of Administration Department of

  4  Management Services.

  5         Section 69.  Subsections (2), (3), (11), and (13) of

  6  section 238.01, Florida Statutes, are amended to read:

  7         238.01  Definitions.--The following words and phrases

  8  as used in this chapter shall have the following meanings

  9  unless a different meaning is plainly required by the context:

10         (2)  "Division" "Department" means the Division of

11  Retirement of the State Board of Administration Department of

12  Management Services.

13         (3)  "Teacher" means any member of the teaching or

14  professional staff and any certificated employee of any public

15  free school, of any district school system and vocational

16  school, any member of the teaching or professional staff of

17  the Florida School for the Deaf and Blind, child training

18  schools of the Department of Juvenile Justice, the Department

19  of Corrections, and any tax-supported institution of higher

20  learning of the state, and any member and any certified

21  employee of the Department of Education, any certified

22  employee of the retirement system, any full-time employee of

23  any nonprofit professional association or corporation of

24  teachers functioning in Florida on a statewide basis, which

25  seeks to protect and improve public school opportunities for

26  children and advance the professional and welfare status of

27  its members, any person now serving as superintendent, or who

28  was serving as county superintendent of public instruction on

29  July 1, 1939, and any hereafter duly elected or appointed

30  superintendent, who holds a valid Florida teachers'

31  certificate. In all cases of doubt the division Department of

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  1  Management Services shall determine whether any person is a

  2  teacher as defined herein.

  3         (11)  "Regular interest" means interest at such rate as

  4  may be set from time to time by the division Department of

  5  Management Services.

  6         (13)  "Earnable compensation" means the full

  7  compensation payable to a teacher working the full working

  8  time for his or her position. In respect to plans A, B, C, and

  9  D only, in cases where compensation includes maintenance, the

10  division Department of Management Services shall fix the value

11  of that part of the compensation not paid in money; provided

12  that all members shall from July 1, 1955, make contributions

13  to the retirement system on the basis of "earnable

14  compensation" as defined herein and all persons who are

15  members on July 1, 1955, may, upon application, have their

16  "earnable compensation" for the time during which they have

17  been members prior to that date determined on the basis of

18  "earnable compensation" as defined in this law, upon paying to

19  the retirement system, on or before the date of retirement, a

20  sum equal to the additional contribution with accumulated

21  regular interest thereon they would have made if "earnable

22  compensation" had been defined, at the time they became

23  members, as it is now defined. However, earnable compensation

24  for all plan years beginning on or after July 1, 1990, shall

25  not include any amounts in excess of the compensation

26  limitation (originally $200,000) established by s. 401(a)(17)

27  of the Internal Revenue Code prior to the Omnibus Budget

28  Reconciliation Act of 1993, which limitation shall be adjusted

29  for changes in the cost of living since 1989, in the manner

30  provided by s. 401(a)(17) of the Internal Revenue Code of

31  1991.  This limitation, which has been part of the Teachers'

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  1  Retirement System since plan years beginning on or after July

  2  1, 1990, shall be adjusted as required by federal law for

  3  qualified government plans.

  4         Section 70.  Section 238.02, Florida Statutes, is

  5  amended to read:

  6         238.02  Name and date of establishment.--A retirement

  7  system is established and placed under the management of the

  8  division Department of Management Services for the purpose of

  9  providing retirement allowances and other benefits for

10  teachers of the state.  The retirement system shall begin

11  operations on July 1, 1939.  It has such powers and privileges

12  of a corporation as may be necessary to carry out effectively

13  the provisions of this chapter and shall be known as the

14  "Teachers' Retirement System of the State," and by such name

15  all of its business shall be transacted, all of its funds

16  invested, and all of its cash and securities and other

17  property held in trust for the purpose for which received.

18         Section 71.  Section 238.03, Florida Statutes, is

19  amended to read:

20         238.03  Administration.--

21         (1)  The general administration and the responsibility

22  for the proper operation of the retirement system and for

23  making effective the provisions of this chapter are vested in

24  the division Department of Management Services.  Subject to

25  the limitation of this chapter, the department shall, from

26  time to time, establish rules and regulations for the

27  administration and transaction of the business of the

28  retirement system and shall perform such other functions as

29  are required for the execution of this chapter.

30         (2)  The division department shall keep in convenient

31  form such data as shall be necessary for actuarial valuation

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  1  of the various funds created by this chapter and for checking

  2  the experience of the retirement system.

  3         (3)  The Department of Legal Affairs shall be the legal

  4  adviser of the division department.

  5         (4)  The division department shall employ such agents,

  6  servants and employees as in its judgment may be necessary to

  7  carry out the terms and provisions of this chapter and shall

  8  provide for their compensation.  Among the employees of the

  9  division department shall be an actuary who shall be the

10  technical adviser of the division department on matters

11  regarding the operation of the funds created by the provisions

12  of this chapter and who shall perform such other duties as are

13  required in connection therewith.

14         (5)  In the year 1943 and at least once in each 5-year

15  period thereafter, the actuary shall make an actuarial

16  investigation of the mortality, service and salary experience

17  of the members and beneficiaries as defined in this chapter,

18  and shall make a valuation of the various funds created by the

19  chapter, and having regard to such investigation and

20  valuation, the division department shall adopt such mortality

21  and service tables as are shall be deemed necessary, and shall

22  certify the rates of contribution payable under the provisions

23  of this chapter.

24         (6)  The actuary shall make an annual valuation of the

25  assets and liabilities of the funds of the retirement system

26  on the basis of the tables adopted by the division department

27  in accordance with the requirements of this section, and shall

28  prepare an annual statement of the amounts to be contributed

29  by the state in accordance with s. 238.09.

30         (7)  The division department shall publish annually the

31  valuation, as certified by the actuary, of the assets and

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  1  liabilities of the various funds created by this chapter, a

  2  statement as to the receipts and disbursements of the funds,

  3  and a statement as to the accumulated cash and securities of

  4  the funds.

  5         (8)  The division department shall keep a record of all

  6  of its proceedings and such record shall be open to inspection

  7  by the public.

  8         (9)  The division department is authorized to

  9  photograph and reduce to microfilm as a permanent record, its

10  ledger sheets showing the salary and contributions of members

11  of the retirement system, also the records of deceased members

12  of the system and thereupon to destroy the documents from

13  which such films are photographed.

14         Section 72.  Paragraph (b) of subsection (1),

15  paragraphs (a) and (b) of subsection (3), and subsection (4)

16  of section 238.05, Florida Statutes, are amended to read:

17         238.05  Membership.--

18         (1)  The membership of the retirement system shall

19  consist of the following:

20         (b)  All persons who became or who become teachers on

21  or after July 1, 1939, except as provided in paragraph (a) and

22  subsection (5) hereof, shall become members of the retirement

23  system by virtue of their appointment as teachers.  However,

24  employees who are not members of the teaching or professional

25  staff shall only become members of the retirement system by

26  filing a notice with the division department of their election

27  to become members.

28         (3)  Except as otherwise provided in s. 238.07(9),

29  membership of any person in the retirement system will cease

30  if he or she is continuously unemployed as a teacher for a

31  period of more than 5 consecutive years, or upon the

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  1  withdrawal by the member of his or her accumulated

  2  contributions as provided in s. 238.07(13), or upon

  3  retirement, or upon death; provided that the adjustments

  4  prescribed below are to be made for persons who enter the

  5  Armed Forces of the United States during a period of war or

  6  national emergency and for persons who are granted leaves of

  7  absence.  Any member of the retirement system who within 1

  8  year before the time of entering the Armed Forces of the

  9  United States was a teacher, as defined in s. 238.01, or was

10  engaged in other public educational work within the state, and

11  member of the Teachers' Retirement System at the time of

12  induction, or who has been or is granted leave of absence,

13  shall be permitted to elect to continue his or her membership

14  in the Teachers' Retirement System; and membership service

15  shall be allowed for the period covered by service in the

16  Armed Forces of the United States or by leave of absence under

17  the following conditions:

18         (a)  A person who has been granted leave of absence

19  shall file with the division department before his or her next

20  contribution is due an application to continue his or her

21  membership during the period covered by the person's leave of

22  absence and, if such application is filed, shall make his or

23  her contribution to the retirement system on the basis of his

24  or her last previous annual salary as a teacher, and shall,

25  prior to retirement, pay in full to the system such

26  contributions with accumulated regular interest.  Such

27  contributions with interest may be paid at one time or in

28  monthly, quarterly, semiannual, or annual payments in the

29  person's discretion.

30         (b)  A person who enters or who has entered the Armed

31  Forces of the United States may either continue his or her

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  1  membership according to the plan outlined under paragraph (a)

  2  or, in lieu thereof, may file with the division department at

  3  any time following the close of his or her military service an

  4  application that his or her membership be continued and that

  5  membership service be allowed for not more than 5 years of his

  6  or her period of service in the Armed Forces of the United

  7  States during any period of war or national emergency;

  8  provided that any such person shall, prior to retirement, pay

  9  in full his or her contributions with accumulated regular

10  interest to the retirement system for the period for which he

11  or she is entitled to membership service on the basis of his

12  or her last previous annual salary as a teacher.  Such

13  contributions with interest may be paid to the division

14  department at one time or in monthly, quarterly, semiannual,

15  or annual payments in the person's discretion.

16         (4)  The division department may in its discretion deny

17  the right to become members to any class of teachers who are

18  serving on a temporary or any other than a per annum basis,

19  and it may also in its discretion make optional with members

20  in any such class their individual entrance into membership.

21         Section 73.  Subsections (3) and (10), paragraphs (a)

22  and (b) of subsection (12), subsection (13), paragraphs (a),

23  (b), and (d) of subsection (15A), and paragraphs (a) and (d)

24  of subsection (16) of section 238.07, Florida Statutes, are

25  amended to read:

26         238.07  Regular benefits; survivor benefits.--

27         (3)  Any member who, prior to July 1, 1955, elected to

28  retire under one of plans A, B, C, or D may elect, prior to

29  retirement, to retire under plan E in accordance with the

30  terms hereof.  Any person who became a member on or after July

31  1, 1955, shall retire under plan E, except as provided for

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  1  under s. 238.31. With respect to plans A, B, C, or D, any

  2  member shall have the right at any time to change to a plan of

  3  retirement requiring a lower rate of contribution.  The

  4  division Department of Management Services shall also notify

  5  the member of the rate of contribution such member must make

  6  from and after selecting such plan of retirement.  Any member

  7  in service may retire upon reaching the age of retirement

  8  formerly selected by him or her, upon the member's written

  9  application to the division department setting forth at which

10  time, not more than 90 days subsequent to the execution and

11  filing of such application, it is his or her desire to retire

12  notwithstanding that during such period of notification he or

13  she may have separated from service.  Upon receipt of such

14  application for retirement, the division department shall

15  retire such member not more than 90 days thereafter.  Before

16  such member may retire he or she must file with the division

17  department his or her written selection of one of the optional

18  benefits provided in s. 238.08.

19         (10)  Any member in service, who has 10 or more years

20  of creditable service, may upon the application of his or her

21  employer or upon his or her own application, be retired by the

22  division department not less than 30 nor more than 90 days

23  next following the date of filing such application, on a

24  disability retirement allowance; provided that a physician

25  licensed by this state examines and certifies that such member

26  is mentally or physically incapacitated for the further

27  performance of duty, that such incapacity is likely to be

28  permanent, and that such member should be retired, and the

29  division department concurs.  In making the determination, the

30  division department may require other evidence of disability

31  as deemed appropriate.

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  1         (12)(a)  Once each year during the first 5 years

  2  following the retirement of a member on a disability

  3  retirement allowance, and once in every 3-year period

  4  thereafter, the division department may require any disability

  5  beneficiary who has not yet attained his or her minimum

  6  service retirement age to undergo a medical examination by a

  7  physician licensed by this state and to submit any other

  8  evidence of disability as required by the division department.

  9  If Should a disability beneficiary who has not yet attained

10  his or her minimum service retirement age refuses refuse to

11  submit to any such medical examination, his or her retirement

12  allowance shall be discontinued until his or her withdrawal of

13  such refusal, and if should such refusal continues continue

14  for 1 year, all of the disability beneficiary's rights in and

15  to his or her pension shall be forfeited.

16         (b)  If the division department finds that a disability

17  beneficiary is engaged in or is able to engage in a gainful

18  occupation paying more than the difference between his or her

19  disability retirement allowance and his or her average final

20  compensation, the amount of the beneficiary's pension shall be

21  reduced to an amount which, together with his or her annuity

22  and the amount earnable by him or her, shall equal the amount

23  of his or her average final compensation. Should the

24  beneficiary's earning capacity later be changed, the amount of

25  his or her pension may be further modified; provided that the

26  pension so modified shall not exceed the amount of the pension

27  allowable under subsection (11), at the time of retirement,

28  nor an amount which, when added to the amount earnable by the

29  beneficiary, together with his or her annuity, equals the

30  amount of his or her average final compensation.  A

31  beneficiary restored to active service at a salary less than

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  1  the average final compensation upon the basis of which he or

  2  she was retired shall not become a member of the retirement

  3  system at that time.

  4         (13)  If Should a member ceases cease to be a teacher

  5  except by death or by retirement under the provisions of this

  6  chapter, the member shall be paid the amount of his or her

  7  accumulated contributions.  If Should a member dies die before

  8  retirement, the amount of his or her accumulated contributions

  9  shall be paid to such person, if any, as he or she shall have

10  nominated by written designation duly executed and filed with

11  the division department; otherwise, to his or her executors or

12  administrators.

13         (15A)(a)  Any member of the Teachers' Retirement System

14  who has heretofore, or who hereafter, retires with no less

15  than 10 years of creditable service and who has passed his or

16  her 65th birthday, may, upon application to the division

17  department, have his or her retirement allowance redetermined

18  and thereupon shall be entitled to a monthly service

19  retirement allowance which shall be equal to $4 multiplied by

20  the number of years of the member's creditable service which

21  shall be payable monthly during his or her retirement;

22  provided, that the amount of retirement allowance as

23  determined hereunder, shall be reduced by an amount equal to:

24         1.  Any social security benefits received by the

25  member, and

26         2.  Any social security benefits that the member is

27  eligible to receive by reason of his or her own right or

28  through his or her spouse.

29         (b)  No payment shall be made to a member of the

30  Teachers' Retirement System under this act, until the division

31

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  1  department has determined the social security status of such

  2  member.

  3         (d)  The division department shall review, at least

  4  annually, the social security status of all members of the

  5  Teachers' Retirement System receiving payment under this act

  6  and shall increase or decrease payments to such members as

  7  shall be necessary to carry out the intent of this act.

  8         (16)(a)  Definitions under survivor benefits are:

  9         1.  A dependent is a child, widow, widower, or parent

10  of the deceased member who was receiving not less than

11  one-half of his or her support from the deceased member at the

12  time of the death of such member.

13         2.  A child is a natural or legally adopted child of a

14  member, who:

15         a.  Is under 18 years of age, or

16         b.  Is over 18 years of age but not over 22 years of

17  age and is enrolled as a student in an accredited educational

18  institution, or

19         c.  Is 18 years of age or older and is physically or

20  mentally incapable of self-support, when such mental and

21  physical incapacity occurred prior to such child obtaining the

22  age of 18 years.  Such person shall cease to be regarded as a

23  child upon the termination of such physical or mental

24  disability.  The determination as to such physical or mental

25  incapability shall be vested in the division department.

26

27  No person shall be considered a child who has married or,

28  except as provided in sub-subparagraph 2.b. or as to a child

29  who is physically or mentally incapable of self-support as

30  hereinbefore set forth, has become 18 years of age.

31

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  1         3.  A parent is a natural parent of a member and

  2  includes a lawful spouse of a natural parent.

  3         4.  A beneficiary is a person who is entitled to

  4  benefits under this subsection by reason of his or her

  5  relation to a deceased member during the lifetime of such

  6  member.

  7         (d)  Limitations on rights of beneficiary are:

  8         1.  The person named as beneficiary in paragraph (b)

  9  shall, in no event, be entitled to receive the benefits set

10  out in such paragraph unless the death of the member under

11  whom such beneficiary claims occurs within the period of time

12  after the member has served in Florida as follows:

13

14  Minimum number of years                Period after serving in

15         of service in Florida                  Florida in which

16                                                 death of member

17                                                          occurs

18

19         3 to 5........................................2 years

20         6 to 9........................................5 years

21         10 or more...................................10 years

22

23         2.  Upon the death of a member, the division department

24  shall make a determination of the beneficiary or beneficiaries

25  of the deceased member and shall pay survivor benefits to such

26  beneficiary or beneficiaries beginning 1 month immediately

27  following the death of the member except where the beneficiary

28  has not reached the age required to receive benefits under

29  paragraph (b), in which event the payment of survivor benefits

30  shall begin as of the month immediately following the month in

31  which the beneficiary reaches the required age.  When required

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  1  by the division department, the beneficiary or beneficiaries

  2  shall file an application for survivor benefits upon forms

  3  prescribed by the division department.

  4         3.  The beneficiaries of a member to receive survivor

  5  benefits are fixed by this subsection, and a member may not

  6  buy or otherwise change such benefits.  He or she may,

  7  however, designate the beneficiary to receive the $500 death

  8  benefits.  If a member fails to make this designation, the

  9  $500 death benefits shall be paid to his or her executor or

10  administrator.

11         4.  The beneficiary or beneficiaries of a member whose

12  death occurs while he or she is in service or while he or she

13  is receiving a disability allowance under subsection (11),

14  shall receive survivor benefits under this subsection

15  determined by the years of service in Florida of the deceased

16  member as set out in paragraph (b).  The requirement that the

17  death of a member must occur within a certain period of time

18  after service in Florida as set out in subparagraph (d)1.

19  shall not apply to a member receiving a disability benefit at

20  the time of his or her death.

21         Section 74.  Subsection (2), paragraph (b) of

22  subsection (5), and subsections (6) and (7) of section 238.08,

23  Florida Statutes, are amended to read:

24         238.08  Optional benefits.--A member may elect to

25  receive his or her benefits under the terms of this chapter

26  according to the provisions of any one of the following

27  options:

28         (2)  Option two. A member may elect to receive on

29  retirement the actuarial equivalent (at that time) of his or

30  her retirement allowance in a reduced retirement allowance

31  payable throughout life, with the provisions that if the

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  1  member dies before he or she has received in payment of his or

  2  her annuity the amount of his or her accumulated

  3  contributions, as they were at the time of his or her

  4  retirement, the balance shall be paid to such person, if any,

  5  as he or she shall nominate by written designation duly

  6  acknowledged and filed with the division department;

  7  otherwise, to his or her executors or administrators.

  8         (5)

  9         (b)  A member who elects Option three or Option four

10  shall, on a form provided for that purpose, designate his or

11  her spouse as beneficiary to receive the benefits which

12  continue to be payable upon the death of the member.  After

13  such benefits have commenced under Option three or Option

14  four, the retired member may change the designation of his or

15  her spouse as beneficiary only twice.  If such a retired

16  member remarries and wishes to make such a change, he or she

17  may do so by filing with the division department a notarized

18  change of spouse designation form and shall notify the former

19  spouse in writing of such change.  Upon receipt of a completed

20  change of spouse designation form, the division department

21  shall adjust the member's monthly benefit by the application

22  of actuarial tables and calculations developed to ensure that

23  the benefit paid is the actuarial equivalent of the present

24  value of the member's current benefit. The consent of a

25  retired member's formerly designated spouse as beneficiary to

26  any such change shall not be required.

27         (6)  Notwithstanding any provision in this chapter to

28  the contrary, the following provisions shall apply to any

29  member of the retirement system who has accumulated at least

30  10 years of service and dies prior to retirement:

31

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  1         (a)  If the deceased member's surviving spouse has

  2  previously received a refund of the member's accumulated

  3  contributions made to the retirement system, such spouse may

  4  pay to the division department an amount equal to the sum of

  5  the amount of the deceased member's contributions previously

  6  refunded and regular interest compounded annually on the

  7  amount of such refunded contributions from the date of refund

  8  to the date of payment to the division department, and by so

  9  doing be entitled to receive the monthly retirement benefit

10  provided in paragraph (c).

11         (b)  If the deceased member's surviving spouse has not

12  received a refund of the deceased member's accumulated

13  contributions, such spouse shall, upon application to the

14  division department within 30 days of the death of the member,

15  receive the monthly retirement benefit provided in paragraph

16  (c).

17         (c)  The monthly benefit payable to the spouse

18  described in paragraph (a) or paragraph (b) shall be the

19  amount which would have been payable to the deceased member's

20  spouse, assuming that the member retired on the date of his or

21  her death and had selected the option in subsection (3), such

22  benefit to be based on the ages of the spouse and member as of

23  the date of death of the member. The benefit shall commence on

24  the first day of the month following the payment of the

25  aforesaid amount to the division department, if paragraph (a)

26  is applicable, or on the first day of the month following the

27  receipt of the spouse's application by the division

28  department, if paragraph (b) is applicable.

29         (7)  The surviving spouse or other dependent of any

30  member whose employment is terminated by death shall, upon

31  application to the division department, be permitted to pay

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  1  the required contributions for any service performed by the

  2  member which could have been claimed by the member at the time

  3  of his or her death.  Such service shall be added to the

  4  creditable service of the member and shall be used in the

  5  calculation of any benefits which may be payable to the

  6  surviving spouse or other surviving dependent.

  7         Section 75.  Paragraphs (a), (c), and (d) of subsection

  8  (1), paragraphs (b), (c), and (e) of subsection (3), and

  9  paragraph (b) of subsection (5) of section 238.09, Florida

10  Statutes, are amended to read:

11         238.09  Method of financing.--All of the assets of the

12  retirement system shall be credited, according to the purposes

13  for which they are held, to one of four funds; namely, the

14  Annuity Savings Trust Fund, the Pension Accumulation Trust

15  Fund, the Expense Trust Fund, and the Survivors' Benefit Trust

16  Fund.

17         (1)  The Annuity Savings Trust Fund shall be a fund in

18  which shall be accumulated contributions made from the

19  salaries of members under the provisions of paragraph (c) or

20  paragraph (f). Contribution to, payments from, the Annuity

21  Savings Trust Fund shall be made as follows:

22         (a)  With respect to plan A, B, C, or D, upon the basis

23  of such tables as the division adopts Department of Management

24  Services shall adopt, and regular interest, the actuary of the

25  retirement system shall determine for each member the

26  proportion of earnable compensation which, when deducted from

27  each payment of his or her prospective earnable annual

28  compensation prior to his or her minimum service retirement

29  age, and accumulated at regular interest until such age, shall

30  be computed to provide at such age:

31

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  1         1.  An annuity equal to one one-hundred-fortieth of his

  2  or her average final compensation multiplied by the number of

  3  his or her years of membership in the case of each member

  4  electing to retire under the provisions of plan A or B.

  5         2.  An annuity equal to one one-hundred-twentieth of

  6  his or her average final compensation multiplied by the number

  7  of his or her years of membership service in the case of each

  8  member electing to retire under the provisions of plan C.

  9         3.  An annuity equal to one one-hundredth of his or her

10  average final compensation multiplied by the number of his or

11  her years of membership service in the case of each member

12  electing to retire under the provisions of plan D.

13

14  In the case of any member who has attained his or her minimum

15  service retirement age prior to becoming a member, the

16  proportion of salary applicable to such member, with respect

17  to plan A, B, C, or D, shall be the proportion computed for

18  the age 1 year younger than his or her minimum service

19  retirement age.

20         (c)  The division department shall certify to each

21  employer the proportion of the earnable compensation of each

22  member who is compensated by the employer, and the employer

23  shall cause to be deducted from the salary of each member on

24  each and every payroll for each and every payroll period an

25  amount equal to the proportion of the member's earnable

26  compensation so computed.  With respect to plan A, B, C, or D,

27  the employer shall not make any deduction for annuity purposes

28  from the compensation of a member who has attained the age of

29  60 years, if such member elects not to contribute.

30         (d)  In determining the amount earnable by a member in

31  a payroll period, the division department may consider the

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  1  rate of compensation payable to such member on the first day

  2  of the payroll period as continuing throughout such payroll

  3  period, and it may omit deductions from compensation for any

  4  period less than a full payroll period if a teacher was not a

  5  member on the first day of the payroll period, and to

  6  facilitate the making of deductions, it may modify any

  7  deduction required of any member by such an amount as shall

  8  not exceed one-tenth of 1 percent of the annual salary from

  9  which said deduction is to be made.

10         (3)  The Pension Accumulation Trust Fund shall be the

11  fund in which shall be accumulated all reserves for the

12  payment of all annuities or benefits in lieu of annuities on

13  retired members and all pensions and other benefits payable

14  from contributions made by the members and by the employers,

15  from which annuities, pensions and benefits in lieu thereof

16  shall be paid. Contributions to, and payments from, the

17  Pension Accumulation Trust Fund, other than as set forth in

18  subsections (2) and (3) herein, shall be made as follows:

19         (b)  On the basis of regular interest and of such

20  mortality and other tables as are shall be adopted by the

21  division department, the actuary engaged by the division

22  department to make each valuation required by this chapter

23  shall, during the period over which the accrued liability

24  contribution is payable, determine, immediately after making

25  such valuation, the uniform and constant percentage of the

26  earnable compensation of the average new entrant, which, if

27  contributed on the basis of his or her compensation throughout

28  his or her entire period of service, would be sufficient to

29  provide for the payment of any pension payable by the state on

30  his or her account.  The rate percent so determined shall be

31  known as the normal contribution rate.  After the accrued

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  1  liability contribution has ceased to be payable, the normal

  2  contribution rate shall be the rate percent of the earnable

  3  compensation of all members, obtained by deducting from the

  4  total liabilities of the Pension Accumulation Trust Fund the

  5  amount of the funds in hand to the credit of that fund and

  6  dividing the remainder by 1 percent of the present value of

  7  the prospective future salaries of all members as computed on

  8  the basis of the mortality and service tables adopted by the

  9  division department and on the basis of regular interest.  The

10  normal rate of contribution shall be determined and certified

11  to the division department by the actuary after each valuation

12  and shall continue in force until a new valuation and

13  certification are made.

14         (c)  Immediately succeeding the first valuation, the

15  actuary engaged by the division department shall compute the

16  rate percent of the total earnable compensation of all members

17  which is equivalent to 4 percent of the amount of the total

18  liability for pensions on account of all members and

19  beneficiaries and not dischargeable by the present assets of

20  the Pension Accumulation Trust Fund and by the aforesaid

21  normal contribution if made on account of such members during

22  the remainder of their active service.  The rate percent,

23  originally so determined, shall be known as the accrued

24  liability contribution rate.

25         (e)  The accrued liability contribution shall be

26  discontinued as soon as the accumulated reserve in the Pension

27  Accumulation Trust Fund shall equal the present value, as

28  actuarially computed and approved by the division department,

29  of the total liability of such fund less the present value,

30  computed on the basis of the normal contribution rate, then in

31

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  1  force of the prospective normal contributions to be received

  2  on account of persons who are at that time members.

  3         (5)

  4         (b)  The division department shall annually certify to

  5  each employer, at the time it makes the certification to the

  6  employer under paragraph (1)(c), the rate of

  7  twenty-five-hundredths percent to be applied by the employer

  8  to the salary of each member who is compensated by the

  9  employer, and the employer shall cause to be deducted from the

10  salary of each member on each and every payroll for each and

11  every payroll period an amount equal to twenty-five-hundredths

12  percent of the member's salary paid by the employer and the

13  employer shall remit monthly such deducted amounts to the

14  division department which shall place the same in the

15  Survivors' Benefit Trust Fund of the Teachers' Retirement

16  System of the state. The amount of contributions by a member

17  to the Survivors' Benefit Trust Fund shall, in no event, be

18  refundable to the member or his or her beneficiaries.

19         Section 76.  Section 238.10, Florida Statutes, is

20  amended to read:

21         238.10  Management of funds.--The division Department

22  of Management Services, annually, shall allow regular interest

23  on the amount for the preceding year to the credit of each of

24  the funds of the retirement system, and to the credit of the

25  individual account therein, if any, with the exception of the

26  expense fund, from the interest and dividends earned from

27  investments.

28         Section 77.  Paragraph (b) of subsection (1) and

29  subsections (2) and (3) of section 238.11, Florida Statutes,

30  are amended to read:

31         238.11  Collection of contributions.--

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  1         (1)  The collection of contributions shall be as

  2  follows:

  3         (b)  Each employer shall transmit monthly to the

  4  division Department of Management Services a warrant for the

  5  total amount of such deductions. Each employer shall also

  6  transmit monthly to the division department a warrant for such

  7  employer contribution set aside as provided for in paragraph

  8  (a) of this subsection. The division department, after making

  9  records of all such warrants, shall transmit them to the

10  Department of Banking and Finance for delivery to the

11  Treasurer of the state who shall collect them.

12         (2)  The collection of the state contribution shall be

13  made as follows:

14         (a)  The amounts required to be paid by the state into

15  the Teachers' Retirement System in this chapter shall be

16  provided therefor in the General Appropriations Act.  However,

17  in the event a sufficient amount is not included in the

18  General Appropriations Act to meet the full amount needed to

19  pay the retirement compensation provided for in this chapter,

20  the additional amount needed for such retirement compensation

21  is hereby appropriated from the General Revenue Fund as

22  approved by the division Department of Management Services.

23         (b)  The division Department of Management Services

24  shall certify one-fourth of the amount so ascertained for each

25  year to the Comptroller on or before the last day of July,

26  October, January, and April of each year.  The Comptroller

27  shall, on or before the first day of August, November,

28  February, and May of each year, draw his or her warrant or

29  warrants on the Treasurer for the respective amounts due the

30  several funds of the retirement system.  On the receipt of the

31  warrant or warrants of the Comptroller, the Treasurer shall

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  1  immediately transfer to the several funds of the retirement

  2  system the amounts due.

  3         (3)  All collection of contributions of a nonprofit

  4  professional association or corporation of teachers as

  5  referred to in s. 238.01(3) and (5) shall be made by such

  6  association or corporation in the following manner:

  7         (a)  On April 1 of each year, the division Department

  8  of Management Services shall certify to any such nonprofit

  9  professional association or corporation of teachers the

10  amounts which will become due and payable during the ensuing

11  fiscal year to each of the funds of the retirement system to

12  which such contributions are payable as set forth in this law.

13         (b)  The division Department of Management Services

14  shall certify one-fourth of the amount so ascertained for each

15  year to the nonprofit professional association or corporation

16  of teachers on or before the last day of July, October,

17  January, and April of each year.  The nonprofit professional

18  association or corporation of teachers shall, on or before the

19  first day of August, November, February, and May of each year,

20  draw its check payable to the division department for the

21  respective amounts due the several funds of the retirement

22  system. Upon receipt of the check, the division department

23  shall immediately transfer to the several funds of the

24  retirement system the amounts due, provided, however, that the

25  amounts due the several funds of the retirement system from

26  any such association or corporation for creditable service

27  accruing to any such member before July 1, 1947, shall be paid

28  prior to the retirement of any such member.

29         Section 78.  Section 238.12, Florida Statutes, is

30  amended to read:

31         238.12  Duties of employers.--

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  1         (1)  Each employer shall keep such records and, from

  2  time to time, shall furnish such information as the division

  3  requires Department of Management Services may require in the

  4  discharge of its duties.  Upon the employment of any teacher

  5  to whom this chapter may apply, the teacher shall be informed

  6  by his or her employer of his or her duties and obligations in

  7  connection with the retirement system as a condition of his or

  8  her employment.  Every teacher accepting employment shall be

  9  deemed to consent and agree to any deductions from his or her

10  compensation required in this chapter and to all other

11  provisions of this chapter.

12         (2)  During September of each year, or at such other

13  time as the division approves department shall approve, each

14  employer shall certify to the division department the names of

15  all teachers to whom this chapter applies.

16         (3)  Each employer shall, on the first day of each

17  calendar month, or at such less frequent intervals as the

18  division approves department may approve, notify the division

19  department of the employment of new teachers, removals,

20  withdrawals and changes in salary of members that have

21  occurred during the preceding month, or the period covered

22  since the last notification.

23         Section 79.  Section 238.14, Florida Statutes, is

24  amended to read:

25         238.14  Protection against fraud.--Any person who shall

26  knowingly make any false statement, or shall falsify or permit

27  to be falsified any record or records of this retirement

28  system in any attempt to defraud such system as a result of

29  such act, shall be guilty of a misdemeanor of the second

30  degree, punishable as provided in s. 775.082 or s. 775.083.

31  Should any change or error in records result in any member or

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  1  beneficiary receiving from the retirement system more or less

  2  than he or she would have been entitled to receive had the

  3  records been correct, then on discovery of any such error the

  4  division department shall correct such error, and, as far as

  5  practicable, shall adjust the payments in such a manner that

  6  the actuarial equivalent of the benefit, to which such member

  7  or beneficiary was correctly entitled, shall be paid.

  8         Section 80.  Section 238.15, Florida Statutes, is

  9  amended to read:

10         238.15  Exemption of funds from taxation, execution,

11  and assignment.--The pensions, annuities or any other benefits

12  accrued or accruing to any person under the provisions of this

13  chapter and the accumulated contributions and cash securities

14  in the funds created under this chapter are exempted from any

15  state, county or municipal tax of the state, and shall not be

16  subject to execution or attachment or to any legal process

17  whatsoever, and shall be unassignable, except:

18         (1)  That any teacher who has retired shall have the

19  right and power to authorize in writing the division

20  Department of Management Services to deduct from his or her

21  monthly retirement allowance money for the payment of the

22  premiums on group insurance for hospital, medical and surgical

23  benefits, under a plan or plans for such benefits approved in

24  writing by the Insurance Commissioner and Treasurer of the

25  state, and upon receipt of such request the division

26  department shall make the monthly payments as directed; and

27         (2)  As may be otherwise specifically provided for in

28  this chapter.

29         Section 81.  Paragraph (b) of subsection (3) of section

30  238.171, Florida Statutes, is amended to read:

31         238.171  Monthly allowance; when made.--

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  1         (3)

  2         (b)  On July 1, 1975, and each July 1 thereafter, the

  3  division Department of Management Services shall adjust the

  4  monthly allowance being paid on that said date.  The

  5  percentage of such adjustment shall be equal to the percentage

  6  change in the average cost-of-living index during the

  7  preceding 12-month period, April 1 through March 31, ignoring

  8  changes in the cost-of-living index which are greater than 3

  9  percent during the preceding fiscal year.

10         Section 82.  Paragraphs (b), (c), (d), (e), and (f) of

11  subsection (2) of section 238.181, Florida Statutes, are

12  amended to read:

13         238.181  Reemployment after retirement; conditions and

14  limitations.--

15         (2)

16         (b)  Any person to whom the limitation in paragraph (a)

17  applies who violates such reemployment limitation and who is

18  reemployed with any agency participating in the Florida

19  Retirement System before completion of the 12-month limitation

20  period shall give timely notice of this fact in writing to his

21  or her employer and to the division Department of Management

22  Services and shall have his or her retirement benefits

23  suspended for the balance of the 12-month limitation period.

24  Any person employed in violation of this paragraph and any

25  employing agency which knowingly employs or appoints such

26  person without notifying the division department to suspend

27  retirement benefits shall be jointly and severally liable for

28  reimbursement to the retirement trust fund of any benefits

29  paid during the reemployment limitation period.  To avoid

30  liability, such employing agency shall have a written

31  statement from the retiree that he or she is not retired from

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  1  a state-administered retirement system.  Any retirement

  2  benefits received while reemployed during this reemployment

  3  limitation period shall be repaid to the retirement trust

  4  fund, and retirement benefits shall remain suspended until

  5  such repayment has been made.  Benefits suspended beyond the

  6  reemployment limitation shall apply toward repayment of

  7  benefits received in violation of the reemployment limitation.

  8         (c)  A district school board may reemploy a retired

  9  member as a substitute or hourly teacher on a noncontractual

10  basis after he or she has been retired for 1 calendar month,

11  in accordance with s. 121.021(39).  Any retired member who is

12  reemployed within 1 calendar month after retirement shall void

13  his or her application for retirement benefits.  District

14  school boards reemploying such teachers are subject to the

15  retirement contribution required by paragraph (g).

16  Reemployment of a retired member as a substitute or hourly

17  teacher is limited to 780 hours during the first 12 months of

18  his or her retirement.  Any retired member reemployed for more

19  than 780 hours during his or her first 12 months of retirement

20  shall give timely notice in writing to his or her employer and

21  to the division department of the date he or she will exceed

22  the limitation.  The division department shall suspend his or

23  her retirement benefits for the remainder of his or her first

24  12 months of retirement.  Any person employed in violation of

25  this paragraph and any employing agency which knowingly

26  employs or appoints such person without notifying the division

27  department to suspend retirement benefits shall be jointly and

28  severally liable for reimbursement to the retirement trust

29  fund of any benefits paid during the reemployment limitation

30  period.  To avoid liability, such employing agency shall have

31  a written statement from the retiree that he or she is not

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  1  retired from a state-administered retirement system.  Any

  2  retirement benefits received by a retired member while

  3  reemployed in excess of 780 hours during his or her first 12

  4  months of retirement shall be repaid to the Retirement System

  5  Trust Fund, and his or her retirement benefits shall remain

  6  suspended until repayment is made.  Benefits suspended beyond

  7  the end of the retired member's first 12 months of retirement

  8  shall apply toward repayment of benefits received in violation

  9  of the 780-hour reemployment limitation.

10         (d)  A community college board of trustees may reemploy

11  a retired member as an adjunct instructor, that is, an

12  instructor who is noncontractual and part time, or as a

13  participant in a phased retirement program within a community

14  college, after he or she has been retired for 1 calendar

15  month, in accordance with s. 121.021(39).  Any retired member

16  who is reemployed within 1 calendar month after retirement

17  shall void his or her application for retirement benefits.

18  Boards of trustees reemploying such instructors are subject to

19  the retirement contribution required in paragraph (g).  A

20  retired member may be reemployed as an adjunct instructor for

21  no more than 780 hours during the first 12 months of his or

22  her retirement.  Any retired member reemployed for more than

23  780 hours during his or her first 12 months of retirement

24  shall give timely notice in writing to his or her employer and

25  to the division department of the date he or she will exceed

26  the limitation. The division department shall suspend his or

27  her retirement benefits for the remainder of his or her first

28  12 months of retirement.  Any person employed in violation of

29  this paragraph and any employing agency which knowingly

30  employs or appoints such person without notifying the division

31  department to suspend retirement benefits shall be jointly and

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  1  severally liable for reimbursement to the retirement trust

  2  fund of any benefits paid during the reemployment limitation

  3  period.  To avoid liability, such employing agency shall have

  4  a written statement from the retiree that he or she is not

  5  retired from a state-administered retirement system.  Any

  6  retirement benefits received by a retired member while

  7  reemployed in excess of 780 hours during his or her first 12

  8  months of retirement shall be repaid to the Retirement System

  9  Trust Fund, and retirement benefits shall remain suspended

10  until repayment is made. Benefits suspended beyond the end of

11  the retired member's first 12 months of retirement shall apply

12  toward repayment of benefits received in violation of the

13  780-hour reemployment limitation.

14         (e)  The Board of Trustees of the Florida School for

15  the Deaf and the Blind may reemploy a retired member as a

16  substitute teacher, substitute residential instructor, or

17  substitute nurse on a noncontractual basis after he or she has

18  been retired for 1 calendar month, in accordance with s.

19  121.021(39). Any retired member who is reemployed within 1

20  calendar month after retirement shall void his or her

21  application for retirement benefits. The Board of Trustees of

22  the Florida School for the Deaf and the Blind reemploying such

23  teachers, residential instructors, or nurses is subject to the

24  retirement contribution required by paragraph (g).

25  Reemployment of a retired member as a substitute teacher,

26  substitute residential instructor, or substitute nurse is

27  limited to 780 hours during the first 12 months of his or her

28  retirement. Any retired member reemployed for more than 780

29  hours during his or her first 12 months of retirement shall

30  give timely notice in writing to his or her employer and to

31  the division department of the date he or she will exceed the

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  1  limitation.  The division department shall suspend his or her

  2  retirement benefits for the remainder of his or her first 12

  3  months of retirement.  Any person employed in violation of

  4  this paragraph and any employing agency which knowingly

  5  employs or appoints such person without notifying the division

  6  department to suspend retirement benefits shall be jointly and

  7  severally liable for reimbursement to the retirement trust

  8  fund of any benefits paid during the reemployment limitation

  9  period.  To avoid liability, such employing agency shall have

10  a written statement from the retiree that he or she is not

11  retired from a state-administered retirement system.  Any

12  retirement benefits received by a retired member while

13  reemployed in excess of 780 hours during his or her first 12

14  months of retirement shall be repaid to the Retirement System

15  Trust Fund, and his or her retirement benefits shall remain

16  suspended until payment is made.  Benefits suspended beyond

17  the end of the retired member's first 12 months of retirement

18  shall apply toward repayment of benefits received in violation

19  of the 780-hour reemployment limitation.

20         (f)  The State University System may reemploy a retired

21  member as an adjunct faculty member or as a participant in a

22  phased retirement program within the State University System

23  after the retired member has been retired for 1 calendar

24  month, in accordance with s. 121.021(39).  Any retired member

25  who is reemployed within 1 calendar month after retirement

26  shall void his or her application for retirement benefits. The

27  State University System is subject to the retired contribution

28  required in paragraph (g), as appropriate. A retired member

29  may be reemployed as an adjunct faculty member or a

30  participant in a phased retirement program for no more than

31  780 hours during the first 12 months of his or her retirement.

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  1  Any retired member reemployed for more than 780 hours during

  2  his or her first 12 months of retirement shall give timely

  3  notice in writing to his or her employer and to the division

  4  department of the date he or she will exceed the limitation.

  5  The division department shall suspend his or her retirement

  6  benefits for the remainder of his or her first 12 months of

  7  retirement.  Any person employed in violation of this

  8  paragraph and any employing agency which knowingly employs or

  9  appoints such person without notifying the division department

10  to suspend retirement benefits shall be jointly and severally

11  liable for reimbursement to the retirement trust fund of any

12  benefits paid during the reemployment limitation period.  To

13  avoid liability, such employing agency shall have a written

14  statement from the retiree that he or she is not retired from

15  a state-administered retirement system.  Any retirement

16  benefits received by a retired member while reemployed in

17  excess of 780 hours during his or her first 12 months of

18  retirement shall be repaid to the Retirement System Trust

19  Fund, and retirement benefits shall remain suspended until

20  repayment is made.  Benefits suspended beyond the end of the

21  retired member's first 12 months of retirement shall apply

22  toward repayment of benefits received in violation of the

23  780-hour reemployment limitation.

24         Section 83.  Section 238.32, Florida Statutes, is

25  amended to read:

26         238.32  Service credit in disputed cases.--The division

27  Department of Management Services may in its discretion allow

28  or deny a member service credit in disputed or doubtful cases

29  for employment in Florida and out-of-state schools in order to

30  serve the best interests of the state and the member, subject

31  to the membership dates set forth in s. 238.06(4).

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  1         Section 84.  Subsection (4) of section 650.02, Florida

  2  Statutes, is amended to read:

  3         650.02  Definitions.--For the purpose of this chapter:

  4         (4)  The term "state agency" means the Division of

  5  Retirement of the State Board of Administration Department of

  6  Management Services.

  7         Section 85.  This act shall take effect July 1, 2000.

  8

  9            *****************************************

10                          SENATE SUMMARY

11    Transfers the Division of Retirement from the Department
      of Management Services to the State Board of
12    Administration.

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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