SENATE AMENDMENT
    Bill No. CS for SB 2, 2nd Eng.
    Amendment No. ___   Barcode 772078
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11  Senators Pruitt and Garcia moved the following amendment to
12  amendment (511277):
13  
14         Senate Amendment (with title amendment) 
15         On page 1, line 17, through page 8, line 22, delete
16  those lines
17  
18  and insert:  
19         Section 1.  Effective October 1, 2001, subsection (2)
20  of section 121.0515, Florida Statutes, is amended to read:
21         121.0515  Special risk membership.--
22         (2)  CRITERIA.--A member, to be designated as a special
23  risk member, must meet the following criteria:
24         (a)  The member must be employed as a law enforcement
25  officer and be certified, or required to be certified, in
26  compliance with s. 943.1395; however, sheriffs and elected
27  police chiefs shall be excluded from meeting the certification
28  requirements of this paragraph.  In addition, the member's
29  duties and responsibilities must include the pursuit,
30  apprehension, and arrest of law violators or suspected law
31  violators; or the member must be an active member of a bomb
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SENATE AMENDMENT Bill No. CS for SB 2, 2nd Eng. Amendment No. ___ Barcode 772078 1 disposal unit whose primary responsibility is the location, 2 handling, and disposal of explosive devices; or the member 3 must be the supervisor or command officer of a member or 4 members who have such responsibilities; provided, however, 5 administrative support personnel, including, but not limited 6 to, those whose primary duties and responsibilities are in 7 accounting, purchasing, legal, and personnel, shall not be 8 included; 9 (b) The member must be employed as a firefighter and 10 be certified, or required to be certified, in compliance with 11 s. 633.35 and be employed solely within the fire department of 12 a local government the employer or an agency of state 13 government with firefighting responsibilities. In addition, 14 the member's duties and responsibilities must include 15 on-the-scene fighting of fires, fire prevention, or 16 firefighter training; or direct supervision of firefighting 17 units, fire prevention, or firefighter training; or aerial 18 firefighting surveillance performed by fixed-wing pilots 19 employed by the Division of Forestry of the Department of 20 Agriculture and Consumer Services; or the member must be the 21 supervisor or command officer of a member or members who have 22 such responsibilities; provided, however, administrative 23 support personnel, including, but not limited to, those whose 24 primary duties and responsibilities are in accounting, 25 purchasing, legal, and personnel, shall not be included; 26 (c) The member must be employed as a correctional 27 officer and be certified, or required to be certified, in 28 compliance with s. 943.1395. In addition, the member's 29 primary duties and responsibilities must be the custody, and 30 physical restraint when necessary, of prisoners or inmates 31 within a prison, jail, or other criminal detention facility, 2 6:27 PM 05/04/01 s0002c1c-27X01
SENATE AMENDMENT Bill No. CS for SB 2, 2nd Eng. Amendment No. ___ Barcode 772078 1 or while on work detail outside the facility, or while being 2 transported; or the member must be the supervisor or command 3 officer of a member or members who have such responsibilities; 4 provided, however, administrative support personnel, 5 including, but not limited to, those whose primary duties and 6 responsibilities are in accounting, purchasing, legal, and 7 personnel, shall not be included; however, wardens and 8 assistant wardens, as defined by rule, shall participate in 9 the Special Risk Class; 10 (d) The member must be employed by a licensed Advance 11 Life Support (ALS) or Basic Life Support (BLS) employer as an 12 emergency medical technician or a paramedic and be certified 13 in compliance with s. 401.27. In addition, the member's 14 primary duties and responsibilities must include on-the-scene 15 emergency medical care or direct supervision of emergency 16 medical technicians or paramedics, or the member must be the 17 supervisor or command officer of one or more members who have 18 such responsibility. However, administrative support 19 personnel, including, but not limited to, those whose primary 20 responsibilities are in accounting, purchasing, legal, and 21 personnel, shall not be included; 22 (e) The member must be employed as a community-based 23 correctional probation officer and be certified, or required 24 to be certified, in compliance with s. 943.1395. In addition, 25 the member's primary duties and responsibilities must be the 26 supervised custody, surveillance, control, investigation, and 27 counseling of assigned inmates, probationers, parolees, or 28 community controllees within the community; or the member must 29 be the supervisor of a member or members who have such 30 responsibilities. Administrative support personnel, including, 31 but not limited to, those whose primary duties and 3 6:27 PM 05/04/01 s0002c1c-27X01
SENATE AMENDMENT Bill No. CS for SB 2, 2nd Eng. Amendment No. ___ Barcode 772078 1 responsibilities are in accounting, purchasing, legal 2 services, and personnel management, shall not be included; 3 however, probation and parole circuit and deputy circuit 4 administrators shall participate in the Special Risk Class; or 5 (f) The member must be employed in one of the 6 following classes and must spend at least 75 percent of his or 7 her time performing duties which involve contact with patients 8 or inmates in a correctional or forensic facility or 9 institution: 10 1. Dietitian (class codes 5203 and 5204). 11 2. Public health nutrition consultant (class code 12 5224). 13 3. Psychological specialist (class codes 5230 and 14 5231). 15 4. Psychologist (class code 5234). 16 5. Senior psychologist (class codes 5237 and 5238). 17 6. Regional mental health consultant (class code 18 5240). 19 7. Psychological Services Director--DCF (class code 20 5242). 21 8. Pharmacist (class codes 5245 and 5246). 22 9. Senior pharmacist (class codes 5248 and 5249). 23 10. Dentist (class code 5266). 24 11. Senior dentist (class code 5269). 25 12. Registered nurse (class codes 5290 and 5291). 26 13. Senior registered nurse (class codes 5292 and 27 5293). 28 14. Registered nurse specialist (class codes 5294 and 29 5295). 30 15. Clinical associate (class codes 5298 and 5299). 31 16. Advanced registered nurse practitioner (class 4 6:27 PM 05/04/01 s0002c1c-27X01
SENATE AMENDMENT Bill No. CS for SB 2, 2nd Eng. Amendment No. ___ Barcode 772078 1 codes 5297 and 5300). 2 17. Advanced registered nurse practitioner specialist 3 (class codes 5304 and 5305). 4 18. Registered nurse supervisor (class codes 5306 and 5 5307). 6 19. Senior registered nurse supervisor (class codes 7 5308 and 5309). 8 20. Registered nursing consultant (class codes 5312 9 and 5313). 10 21. Quality management program supervisor (class code 11 5314). 12 22. Executive nursing director (class codes 5320 and 13 5321). 14 23. Speech and hearing therapist (class code 5406); or 15 24. Pharmacy manager (class code 5251). 16 Section 2. Effective October 1, 2001, subsection (1) 17 of section 121.055, Florida Statutes, is amended to read: 18 121.055 Senior Management Service Class.--There is 19 hereby established a separate class of membership within the 20 Florida Retirement System to be known as the "Senior 21 Management Service Class," which shall become effective 22 February 1, 1987. 23 (1)(a) Participation in the Senior Management Service 24 Class shall be limited to and compulsory for any member of the 25 Florida Retirement System who holds a position in the Senior 26 Management Service of the State of Florida, established by 27 part III of chapter 110, unless such member elects, within the 28 time specified herein, to participate in the Senior Management 29 Service Optional Annuity Program as established in subsection 30 (6). 31 (b)1. Except as provided in subparagraph 2., effective 5 6:27 PM 05/04/01 s0002c1c-27X01
SENATE AMENDMENT Bill No. CS for SB 2, 2nd Eng. Amendment No. ___ Barcode 772078 1 January 1, 1990, participation in the Senior Management 2 Service Class shall be compulsory for the president of each 3 community college, the manager of each participating city or 4 county, and all appointed district school superintendents. 5 Effective January 1, 1994, additional positions may be 6 designated for inclusion in the Senior Management Service 7 Class of the Florida Retirement System, provided that: 8 a. Positions to be included in the class shall be 9 designated by the local agency employer. Notice of intent to 10 designate positions for inclusion in the class shall be 11 published once a week for 2 consecutive weeks in a newspaper 12 of general circulation published in the county or counties 13 affected, as provided in chapter 50. 14 b. Up to 10 nonelective full-time positions may be 15 designated for each local agency employer reporting to the 16 Department of Management Services; for local agencies with 100 17 or more regularly established positions, additional 18 nonelective full-time positions may be designated, not to 19 exceed 1 percent of the regularly established positions within 20 the agency. 21 c. Each position added to the class must be a 22 managerial or policymaking position filled by an employee who 23 is not subject to continuing contract and serves at the 24 pleasure of the local agency employer without civil service 25 protection, and who: 26 (I) Heads an organizational unit; or 27 (II) Has responsibility to effect or recommend 28 personnel, budget, expenditure, or policy decisions in his or 29 her areas of responsibility. 30 2. In lieu of participation in the Senior Management 31 Service Class, members of the Senior Management Service Class 6 6:27 PM 05/04/01 s0002c1c-27X01
SENATE AMENDMENT Bill No. CS for SB 2, 2nd Eng. Amendment No. ___ Barcode 772078 1 pursuant to the provisions of subparagraph 1. may withdraw 2 from the Florida Retirement System altogether. The decision to 3 withdraw from the Florida Retirement System shall be 4 irrevocable for as long as the employee holds such a position. 5 Any service creditable under the Senior Management Service 6 Class shall be retained after the member withdraws from the 7 Florida Retirement System; however, additional service credit 8 in the Senior Management Service Class shall not be earned 9 after such withdrawal. Such members shall not be eligible to 10 participate in the Senior Management Service Optional Annuity 11 Program. 12 (c)1. Effective January 1, 1990, participation in the 13 Senior Management Service Class shall be compulsory for up to 14 75 nonelective positions at the level of committee staff 15 director or higher or equivalent managerial or policymaking 16 positions within the House of Representatives, as selected by 17 the Speaker of the House of Representatives, up to 50 18 nonelective positions at the level of committee staff director 19 or higher or equivalent managerial or policymaking positions 20 within the Senate, as selected by the President of the Senate, 21 all staff directors of joint committees and service offices of 22 the Legislature, the Auditor General and up to 9 managerial or 23 policymaking positions within his or her office as selected by 24 the Auditor General, and the executive director of the 25 Commission on Ethics. 26 2. Participation in this class shall be compulsory, 27 except as provided in subparagraph 3., for any legislative 28 employee who holds a position designated for coverage in the 29 Senior Management Service Class, and such participation shall 30 continue until the employee terminates employment in a covered 31 position. 7 6:27 PM 05/04/01 s0002c1c-27X01
SENATE AMENDMENT Bill No. CS for SB 2, 2nd Eng. Amendment No. ___ Barcode 772078 1 3. In lieu of participation in the Senior Management 2 Service Class, at the discretion of the President of the 3 Senate and the Speaker of the House of Representatives, such 4 members may participate in the Senior Management Service 5 Optional Annuity Program as established in subsection (6). 6 (d) Effective January 1, 1991, participation in the 7 Senior Management Service Class shall be compulsory for any 8 member of the Florida Retirement System in a position that has 9 been designated eligible for inclusion in the Executive 10 Service of the State University System or who holds a position 11 as president of a state university, unless such member elects, 12 pursuant to s. 121.35, to participate in the optional 13 retirement program. 14 (e) Effective January 1, 1991, participation in the 15 Senior Management Service Class shall be compulsory for the 16 number of senior managers who have policymaking authority with 17 the State Board of Administration, as determined by the 18 Governor, Treasurer, and Comptroller acting as the State Board 19 of Administration, unless such member elects to participate in 20 the Senior Management Service Optional Annuity Program as 21 established in subsection (6) in lieu of participation in the 22 Senior Management Service Class. Such election shall be made 23 in writing and filed with the division and the personnel 24 officer of the State Board of Administration within 90 days 25 after becoming eligible for membership in the Senior 26 Management Service Class. 27 (f) Effective July 1, 1997: 28 1. Any elected state officer eligible for membership 29 in the Elected Officers' Class under s. 121.052(2)(a), (b), or 30 (c) who elects membership in the Senior Management Service 31 Class under s. 121.052(3)(c) may, within 6 months after 8 6:27 PM 05/04/01 s0002c1c-27X01
SENATE AMENDMENT Bill No. CS for SB 2, 2nd Eng. Amendment No. ___ Barcode 772078 1 assuming office or within 6 months after this act becomes a 2 law for serving elected state officers, elect to participate 3 in the Senior Management Service Optional Annuity Program, as 4 provided in subsection (6), in lieu of membership in the 5 Senior Management Service Class. 6 2. Any elected county officer eligible for membership 7 in the Elected Officers' Class under s. 121.052(2)(d) who 8 elects membership in the Senior Management Service Class under 9 s. 121.052(3)(c) may, within 6 months after assuming office, 10 or within 6 months after this act becomes a law for serving 11 elected county officers, elect to participate in a lifetime 12 monthly annuity program, as provided in subparagraph (b)2., in 13 lieu of membership in the Senior Management Service Class. 14 (g) Effective July 1, 1996, participation in the 15 Senior Management Service Class shall be compulsory for any 16 member of the Florida Retirement System employed with the 17 Department of Military Affairs in the positions of the 18 Adjutant General, Assistant Adjutant General-Army, Assistant 19 Adjutant General-Air, State Quartermaster, Director of 20 Military Personnel, Director of Administration, and additional 21 directors as designated by the agency head, not to exceed a 22 total of 10 positions. In lieu of participation in the Senior 23 Management Service Class, such members may participate in the 24 Senior Management Service Optional Annuity Program as 25 established in subsection (6). 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 9 6:27 PM 05/04/01 s0002c1c-27X01
SENATE AMENDMENT Bill No. CS for SB 2, 2nd Eng. Amendment No. ___ Barcode 772078 1 Commission, the Capital Collateral Regional Counsels, the 2 clerks 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 Department of Management Services; for 19 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. 10 6:27 PM 05/04/01 s0002c1c-27X01
SENATE AMENDMENT Bill No. CS for SB 2, 2nd Eng. Amendment No. ___ Barcode 772078 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. Effective January 1, 2001, participation in this 7 class is compulsory for assistant state attorneys, assistant 8 statewide prosecutors, assistant public defenders, and 9 assistant capital collateral regional counsels. Effective 10 January 1, 2002, participation in this class is compulsory for 11 assistant attorneys general. 12 3. In lieu of participation in the Senior Management 13 Service Class, such members, excluding assistant state 14 attorneys, assistant public defenders, assistant statewide 15 prosecutors, assistant attorneys general, and assistant 16 capital collateral regional counsels, may participate in the 17 Senior Management Service Optional Annuity Program as 18 established in subsection (6). 19 (i)1. Except as provided in subparagraph 2., effective 20 July 1, 1999, participation in the Senior Management Service 21 Class is compulsory for any member of the Florida Retirement 22 System who is employed as a judge of compensation claims with 23 the Office of the Judges of Compensation Claims within the 24 Department of Labor and Employment Security. 25 2. In lieu of participating in the Senior Management 26 Service Class, a judge of compensation claims may participate 27 in the Senior Management Service Optional Annuity Program 28 established under subsection (6). 29 (j) Except as may otherwise be provided, any member of 30 the Senior Management Service Class may purchase additional 31 retirement credit in such class for creditable service within 11 6:27 PM 05/04/01 s0002c1c-27X01
SENATE AMENDMENT Bill No. CS for SB 2, 2nd Eng. Amendment No. ___ Barcode 772078 1 the purview of the Senior Management Service Class retroactive 2 to February 1, 1987, and may upgrade retirement credit for 3 such service, to the extent of 2 percent of the member's 4 average monthly compensation as specified in paragraph (4)(d) 5 for such service. Contributions for upgrading the additional 6 Senior Management Service credit pursuant to this paragraph 7 shall be equal to the difference in the contributions paid and 8 the Senior Management Service Class contribution rate as a 9 percentage of gross salary in effect for the period being 10 claimed, plus interest thereon at the rate of 6.5 percent a 11 year, compounded annually until the date of payment. This 12 service credit may be purchased by the employer on behalf of 13 the member. 14 Section 3. Subsection (1), paragraph (a) of subsection 15 (2), paragraph (e) of subsection (4), paragraph (b) of 16 subsection (8), and paragraphs (a) and (b) of subsection (9) 17 of section 121.4501, Florida Statutes, are amended, and 18 paragraph (f) is added to subsection (9) of that section, to 19 read: 20 121.4501 Public Employee Optional Retirement 21 Program.-- 22 (1) The Trustees of the State Board of Administration 23 shall establish an optional defined contribution retirement 24 program for members of the Florida Retirement System under 25 which retirement benefits will be provided for eligible 26 employees who elect to participate in the program. The 27 benefits to be provided for or on behalf of participants in 28 such optional retirement program shall be provided through 29 employee-directed investments, in accordance with s. 401(a) of 30 the Internal Revenue Code and its related regulations. The 31 employers shall contribute, as provided in this section and s. 12 6:27 PM 05/04/01 s0002c1c-27X01
SENATE AMENDMENT Bill No. CS for SB 2, 2nd Eng. Amendment No. ___ Barcode 772078 1 121.571, to the Public Employee Optional Retirement Program 2 Trust Fund toward the funding of such optional benefits. 3 (2) DEFINITIONS.--As used in this section, the term: 4 (a) "Approved provider" or "provider" means a private 5 sector company that is selected and approved by the state 6 board to offer one or more investment products or services to 7 the Public Employee Optional Retirement Program. The term 8 includes a bundled provider that offers participants a range 9 of individually allocated or unallocated investment products 10 and may offer a range of administrative and customer services, 11 which may include accounting and administration of individual 12 participant benefits and contributions; individual participant 13 recordkeeping; asset purchase, control, and safekeeping; 14 direct execution of the participant's instructions as to asset 15 and contribution allocation; calculation of daily net asset 16 values; direct access to participant account information; 17 periodic reporting to participants, at least quarterly, on 18 account balances and transactions; guidance, advice, and 19 allocation services directly relating to its own investment 20 options or products, but only if the bundled provider complies 21 with the standard of care of s. 404(a)(1)(A-B) of the Employee 22 Retirement Income Security Act of 1974 (ERISA) and if 23 providing such guidance, advice, or allocation services does 24 not constitute a prohibited transaction under s. 4975(c)(1) of 25 the Internal Revenue Code or s. 406 of ERISA, notwithstanding 26 that such prohibited transaction provisions do not apply to 27 the optional retirement program; a broad array of distribution 28 options; asset allocation; and retirement counseling and 29 education. Private sector companies include investment 30 management companies, insurance companies, depositories, and 31 mutual fund companies. 13 6:27 PM 05/04/01 s0002c1c-27X01
SENATE AMENDMENT Bill No. CS for SB 2, 2nd Eng. Amendment No. ___ Barcode 772078 1 (4) PARTICIPATION; ENROLLMENT.-- 2 (e) After the period during which an eligible employee 3 had the choice to elect the defined benefit program or the 4 Public Employee Optional Retirement Program, the employee 5 shall have one opportunity, at the employee's discretion, to 6 choose to move from the defined benefit program to the Public 7 Employee Optional Retirement Program or from the Public 8 Employee Optional Retirement Program to the defined benefit 9 program. This paragraph shall be contingent upon approval from 10 the Internal Revenue Service for including the choice 11 described herein within the programs offered by the Florida 12 Retirement System. 13 1. If the employee chooses to move to the Public 14 Employee Optional Retirement Program, the applicable 15 provisions of this section shall govern the transfer. 16 2. If the employee chooses to move to the defined 17 benefit program, the employee must transfer from his or her 18 Public Employee Optional Retirement Program account and from 19 other employee moneys as necessary, a sum representing the 20 present value of that employee's accumulated benefit 21 obligation immediately following the time of such movement, 22 determined assuming that attained service equals the sum of 23 service in the defined benefit program and service in the 24 Public Employee Optional Retirement Program all contributions 25 that would have been made to the defined benefit plan for that 26 employee and the actual return that would have been earned on 27 those contributions had they been invested in the defined 28 benefit program. Benefit commencement occurs on the first date 29 the employee would become eligible for unreduced benefits, 30 using the discount rate and other relevant actuarial 31 assumptions that were used to value the Florida Retirement 14 6:27 PM 05/04/01 s0002c1c-27X01
SENATE AMENDMENT Bill No. CS for SB 2, 2nd Eng. Amendment No. ___ Barcode 772078 1 System defined benefit plan liabilities in the most recent 2 actuarial valuation. For any employee who, at the time of the 3 second election, already maintains an accrued benefit amount 4 in the defined benefit plan, the then-present value of such 5 accrued benefit shall be deemed part of the required transfer 6 amount described in this subparagraph. The division shall 7 ensure that the transfer sum is prepared using a formula and 8 methodology certified by an enrolled actuary. 9 3. Notwithstanding subparagraph 2., an employee who 10 chooses to move to the defined benefit program and who became 11 eligible to participate in the Public Employee Optional 12 Retirement Program by reason of employment in a regularly 13 established position with a state employer after June 1, 2002; 14 a district school board employer after September 1, 2002; or a 15 local employer after December 1, 2002, must transfer from his 16 or her Public Employee Optional Retirement Program account 17 and, from other employee moneys as necessary, a sum 18 representing that employee's actuarial accrued liability. 19 4. Employees' ability to transfer from the Florida 20 Retirement System defined benefit program to the Public 21 Employee Optional Retirement Program pursuant to paragraphs 22 (a) through (d), and the ability for current employees to have 23 an option to later transfer back into the defined benefit 24 program under subparagraph 2., shall be deemed a significant 25 system amendment. Pursuant to s. 121.031(4), any such 26 resulting unfunded liability arising from actual original 27 transfers from the defined benefit program to the optional 28 program shall be amortized within 30 plan years as a separate 29 unfunded actuarial base independent of the reserve 30 stabilization mechanism defined in s. 121.031(3)(f). For the 31 first 25 years, no direct amortization payment shall be 15 6:27 PM 05/04/01 s0002c1c-27X01
SENATE AMENDMENT Bill No. CS for SB 2, 2nd Eng. Amendment No. ___ Barcode 772078 1 calculated for this base. During this 25-year period, such 2 separate base shall be used to offset the impact of employees 3 exercising their second program election under this paragraph. 4 It is the legislative intent that the actuarial funded status 5 of the Florida Retirement System defined benefit plan is 6 neither beneficially nor adversely impacted by such second 7 program elections in any significant manner, after due 8 recognition of the separate unfunded actuarial base. Following 9 this initial 25-year period, any remaining balance of the 10 original separate base shall be amortized over the remaining 5 11 years of the required 30-year amortization period. 12 (8) ADMINISTRATION OF PROGRAM.-- 13 (b)1. The state board shall select and contract with 14 one third-party administrator to provide administrative 15 services if those services cannot be competitively and 16 contractually provided by the Division of Retirement within 17 the Department of Management Services. With the approval of 18 the state board, the third-party administrator may subcontract 19 with other organizations or individuals to provide components 20 of the administrative services. As a cost of administration, 21 the board may compensate any such contractor for its services, 22 in accordance with the terms of the contract, as is deemed 23 necessary or proper by the board. The third-party 24 administrator may not be an approved provider or be affiliated 25 with an approved provider. 26 2. These administrative services may include, but are 27 not limited to, enrollment of eligible employees, collection 28 of employer contributions, disbursement of such contributions 29 to approved providers in accordance with the allocation 30 directions of participants; services relating to consolidated 31 billing; individual and collective recordkeeping and 16 6:27 PM 05/04/01 s0002c1c-27X01
SENATE AMENDMENT Bill No. CS for SB 2, 2nd Eng. Amendment No. ___ Barcode 772078 1 accounting; asset purchase, control, and safekeeping; and 2 direct disbursement of funds to and from the third-party 3 administrator, the division, the board, employers, 4 participants, approved providers, and beneficiaries. This 5 section does not prevent or prohibit a bundled provider from 6 providing any administrative or customer service, including 7 accounting and administration of individual participant 8 benefits and contributions; individual participant 9 recordkeeping; asset purchase, control, and safekeeping; 10 direct execution of the participant's instructions as to asset 11 and contribution allocation; calculation of daily net asset 12 values; direct access to participant account information; or 13 periodic reporting to participants, at least quarterly, on 14 account balances and transactions, if these services are 15 authorized by the board as part of the contract. 16 3. The state board shall select and contract with one 17 or more organizations to provide educational services. With 18 approval of the board, the organizations may subcontract with 19 other organizations or individuals to provide components of 20 the educational services. As a cost of administration, the 21 board may compensate any such contractor for its services in 22 accordance with the terms of the contract, as is deemed 23 necessary or proper by the board. The education organization 24 may not be an approved provider or be affiliated with an 25 approved provider. 26 4. Educational services shall be designed by the board 27 and department to assist employers, eligible employees, 28 participants, and beneficiaries in order to maintain 29 compliance with United States Department of Labor regulations 30 under s. 404(c) of the Employee Retirement Income Security Act 31 of 1974 and to assist employees in their choice of defined 17 6:27 PM 05/04/01 s0002c1c-27X01
SENATE AMENDMENT Bill No. CS for SB 2, 2nd Eng. Amendment No. ___ Barcode 772078 1 benefit or defined contribution retirement alternatives. 2 Educational services include, but are not limited to, 3 disseminating educational materials; providing retirement 4 planning education; explaining the differences between the 5 defined benefit retirement plan and the defined contribution 6 retirement plan; and offering financial planning guidance on 7 matters such as investment diversification, investment risks, 8 investment costs, and asset allocation. An approved provider 9 may also provide educational information, including retirement 10 planning and investment allocation information concerning its 11 products and services. 12 (9) INVESTMENT OPTIONS OR PRODUCTS; PERFORMANCE 13 REVIEW.-- 14 (a) The board shall develop policy and procedures for 15 selecting, evaluating, and monitoring the performance of 16 approved providers and investment products to which employees 17 may direct retirement contributions under the program. In 18 accordance with such policy and procedures, the board shall 19 designate and contract for a number of investment products as 20 determined by the board. The board shall also select one or 21 more bundled providers each of whom may offer multiple who 22 offer multiple investment options and related services 23 products when such an approach is determined by the board to 24 afford value to the participants otherwise not available 25 through individual investment products. Each approved bundled 26 provider may offer investment options that provide 27 participants with the opportunity to invest in each of the 28 following asset classes, to be composed of individual options 29 that represent either a single asset class or a combination 30 thereof: money markets, United States fixed income, United 31 States equities, and foreign stock. The board shall review and 18 6:27 PM 05/04/01 s0002c1c-27X01
SENATE AMENDMENT Bill No. CS for SB 2, 2nd Eng. Amendment No. ___ Barcode 772078 1 manage all educational materials, contract terms, fee 2 schedules, and other aspects of the approved provider 3 relationships to ensure that no provider is unduly favored or 4 penalized by virtue of its status within the plan. 5 (b) The board shall consider investment options or 6 products it considers appropriate to give participants the 7 opportunity to accumulate retirement benefits, subject to the 8 following: 9 1. The Public Employee Optional Retirement Program 10 must offer a diversified mix of low-cost investment products 11 that span the risk-return spectrum and may include a 12 guaranteed account as well as investment products, such as 13 individually allocated guaranteed and variable annuities, 14 which meet the requirements of this subsection and combine the 15 ability to accumulate investment returns with the option of 16 receiving lifetime income consistent with the long-term 17 retirement security of a pension plan and similar to the 18 lifetime-income benefit provided by the Florida Retirement 19 System. 20 2. Investment options or products offered by the group 21 of approved providers may include mutual funds, group annuity 22 contracts, individual retirement annuities, interests in 23 trusts, collective trusts, separate accounts, and other such 24 financial instruments, and may include products that give 25 participants the option of committing their contributions for 26 an extended time period in an effort to obtain returns higher 27 than those that could be obtained from investment products 28 offering full liquidity. 29 3. The board shall not contract with any provider that 30 imposes a front-end, back-end, contingent, or deferred sales 31 charge, or any other fee that limits or restricts the ability 19 6:27 PM 05/04/01 s0002c1c-27X01
SENATE AMENDMENT Bill No. CS for SB 2, 2nd Eng. Amendment No. ___ Barcode 772078 1 of participants to select any investment product available in 2 the optional program. This prohibition does not apply to fees 3 or charges that are imposed on withdrawals from products that 4 give participants the option of committing their contributions 5 for an extended time period in an effort to obtain returns 6 higher than those that could be obtained from investment 7 products offering full liquidity, provided that the product in 8 question, net of all fees and charges, produces material 9 benefits relative to other comparable products in the program 10 offering full liquidity. 11 4. Fees or charges for insurance features, such as 12 mortality and expense-risk charges, must be reasonable 13 relative to the benefits provided. 14 (f)1. An approved provider shall comply with all 15 federal and state securities and insurance laws and 16 regulations applicable to the provider, as well as the 17 applicable rules and guidelines of the National Association of 18 Securities Dealers which govern the ethical marketing of 19 investment products. In furtherance of this mandate, an 20 approved provider must agree in its contract with the board to 21 establish and maintain a compliance education and monitoring 22 system to supervise the activities of all personnel who 23 directly communicate with individual participants and 24 recommend investment products, which system is consistent with 25 rules of the National Association of Securities Dealers. 26 2. Approved provider personnel who directly 27 communicate with individual participants and who recommend 28 investment products shall make an independent and unbiased 29 determination as to whether an investment product is suitable 30 for a particular participant. 31 3. The board shall develop procedures to receive and 20 6:27 PM 05/04/01 s0002c1c-27X01
SENATE AMENDMENT Bill No. CS for SB 2, 2nd Eng. Amendment No. ___ Barcode 772078 1 resolve participant complaints against a provider or approved 2 provider personnel, and, when appropriate, refer such 3 complaints to the appropriate agency. 4 4. Approved providers may not sell or in any way 5 distribute any customer list or participant identification 6 information generated through their offering of products or 7 services through the optional retirement program. 8 Section 4. Subsection (9) is added to section 9 121.0515, Florida Statutes, to read: 10 121.0515 Special risk membership.-- 11 (9) CREDIT FOR UPGRADED SERVICE.--Any member of the 12 Special Risk Class who has earned creditable service in 13 another membership class of the Florida Retirement System as 14 an emergency medical technician or paramedic, which service is 15 within the purview of the Special Risk Class, may purchase 16 additional retirement credit to upgrade such service to 17 Special Risk Class service, to the extent of the percentages 18 of the member's average final compensation provided in s. 19 121.091(1)(a)2. Contributions for upgrading such service to 20 Special Risk Class credit under this subsection shall be equal 21 to the difference in the contributions paid and the Special 22 Risk Class contribution rate as a percentage of gross salary 23 in effect for the period being claimed, plus interest thereon 24 at the rate of 6.5 percent a year, compounded annually until 25 the date of payment. This service credit may be purchased by 26 the employer on behalf of the member. 27 Section 5. It is the intent of the Legislature that 28 any additional cost attributable to the upgrade in the 29 retirement benefits for emergency medical technicians and 30 paramedics above the contributions paid in accordance with 31 section 4 of this act shall be funded by recognition of the 21 6:27 PM 05/04/01 s0002c1c-27X01
SENATE AMENDMENT Bill No. CS for SB 2, 2nd Eng. Amendment No. ___ Barcode 772078 1 necessary amount from the excess actuarial assets of the 2 Florida Retirement System Trust Fund. 3 Section 6. Paragraph (e) of subsection (3) of section 4 121.052, Florida Statutes, is amended to read: 5 121.052 Membership class of elected officers.-- 6 (3) PARTICIPATION AND WITHDRAWAL, 7 GENERALLY.--Effective July 1, 1990, participation in the 8 Elected Officers' Class shall be compulsory for elected 9 officers listed in paragraphs (2)(a)-(d) and (f) assuming 10 office on or after said date, unless the elected officer 11 elects membership in another class or withdraws from the 12 Florida Retirement System as provided in paragraphs 13 (3)(a)-(d): 14 (e) Effective July 1, 2001 1997, the governing body of 15 a municipality or special district may, by majority vote, 16 elect to designate all its elected positions for inclusion in 17 the Elected Officers' Class. Such election shall be made 18 between July 1, 2001 1997, and December 31, 2001 1997, and 19 shall be irrevocable. The designation of such positions shall 20 be effective the first day of the month following receipt by 21 the department of the ordinance or resolution passed by the 22 governing body. 23 24 25 ================ T I T L E A M E N D M E N T =============== 26 And the title is amended as follows: 27 On page 9, lines 6 through 12, delete those lines 28 29 and insert: 30 amending s. 122.0515, F.S., relating to special 31 risk membership; revising criteria for members 22 6:27 PM 05/04/01 s0002c1c-27X01
SENATE AMENDMENT Bill No. CS for SB 2, 2nd Eng. Amendment No. ___ Barcode 772078 1 employed as firefighters, emergency medical 2 technicians, or paramedics; amending s. 3 121.055, F.S., relating to the Senior 4 Management Service Class; requiring 5 participation in the class by assistant 6 attorneys general; amending s. 121.4501, F.S.; 7 redefining the term "approved provider" for 8 purposes of the Public Employee Optional 9 Retirement Program; revising requirements for 10 transferring a member's optional program 11 account to the defined benefit plan; providing 12 for amortization of any unfunded liability; 13 providing requirements for the State Board of 14 Administration in administering the program; 15 revising requirements for the board in 16 selecting providers of investment products; 17 requiring that providers comply with federal 18 and state securities and insurance laws and 19 rules governing the ethical marketing of 20 investment products; requiring that the board 21 develop procedures for resolving complaints of 22 participants; prohibiting providers from 23 selling or distributing customer lists 24 generated through the optional retirement 25 program; amending s. 121.0515, F.S.; allowing 26 certain Special Risk Class members of the 27 Florida Retirement System to purchase 28 additional retirement credit; providing for 29 funding; amending s. 121.052, F.S.; providing a 30 period in which municipalities and special 31 districts may designate elected positions for 23 6:27 PM 05/04/01 s0002c1c-27X01
SENATE AMENDMENT Bill No. CS for SB 2, 2nd Eng. Amendment No. ___ Barcode 772078 1 inclusion in the Elected Officers' Class; 2 providing 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 24 6:27 PM 05/04/01 s0002c1c-27X01