House Bill hb0347c1

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    Florida House of Representatives - 2001              CS/HB 347

        By the Fiscal Responsibility Council and Representative
    Fasano





  1                      A bill to be entitled

  2         An act relating to the Public Employee Optional

  3         Retirement Program; amending s. 121.4501, F.S.;

  4         redefining the term "approved provider";

  5         providing requirements for the State Board of

  6         Administration in carrying out its duties under

  7         the program; providing requirements for

  8         approved providers regarding federal and state

  9         laws and regulations, and for communications

10         with participants; providing an effective date.

11

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

13

14         Section 1.  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 said 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.

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    Florida House of Representatives - 2001              CS/HB 347

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  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, including a

  8  "bundled provider" that offers participants a range of

  9  individually allocated investment products and may offer a

10  range of administrative and customer services, which may

11  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; direct advice and guidance

19  on its investments options; a broad array of distribution

20  options; and asset allocation and retirement counseling and

21  education. Private sector companies include investment

22  management companies, insurance companies, depositories, and

23  mutual fund companies.

24         (4)  PARTICIPATION; ENROLLMENT.--

25         (e)  After the period during which an eligible employee

26  had the choice to elect the defined benefit program or the

27  Public Employee Optional Retirement Program, the employee

28  shall have one opportunity, that is, a second election, at the

29  employee's discretion, to choose to move from the defined

30  benefit program to the Public Employee Optional Retirement

31  Program or from the Public Employee Optional Retirement

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    Florida House of Representatives - 2001              CS/HB 347

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  1  Program to the defined benefit program. This paragraph shall

  2  be contingent upon approval from the Internal Revenue Service

  3  for including the choice described herein within the programs

  4  offered by the Florida Retirement System.

  5         1.  If the employee chooses to move to the Public

  6  Employee Optional Retirement Program, the applicable

  7  provisions of this section shall govern the transfer.

  8         2.  If the employee chooses to move from the Public

  9  Employee Optional Retirement Program to the defined benefit

10  program, the employee must transfer from his or her optional

11  program Public Employee Optional Retirement Program account

12  and from other employee moneys as necessary, a sum

13  representing all contributions that would have been made to

14  the defined benefit plan for that employee and the actual

15  return that would have been earned on those contributions had

16  they been invested in the defined benefit program.

17

18  If, at the time of a member's election to transfer to the

19  defined benefit program, the member's optional program account

20  does not contain the total amount required to be transferred

21  to the defined benefit program, the member must pay the

22  remaining balance. If the member's optional program account

23  contains more than the amount required to be transferred to

24  the defined benefit program, such additional amount shall

25  remain in the member's optional program account.

26         (8)  ADMINISTRATION OF PROGRAM.--

27         (b)1.  The state board shall select and contract with

28  one third-party administrator to provide administrative

29  services, where those services do not duplicate services

30  provided by the Division of Retirement within the Department

31  of Management Services. With the approval of the state board,

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  1  the third-party administrator may subcontract with other

  2  organizations or individuals to provide components of the

  3  administrative services. As a cost of administration, the

  4  board may compensate any such contractor for its services, in

  5  accordance with the terms of the contract, as is deemed

  6  necessary or proper by the board. The third-party

  7  administrator may not be an approved provider or be affiliated

  8  with an approved provider.

  9         2.  These administrative services may include, but are

10  not limited to, enrollment of eligible employees, collection

11  of employer contributions, disbursement of such contributions

12  to approved providers in accordance with the allocation

13  directions of participants; services relating to consolidated

14  billing; individual and collective recordkeeping and

15  accounting; asset purchase, control, and safekeeping; and

16  direct disbursement of funds to and from the third-party

17  administrator, the division, the board, employers,

18  participants, approved providers, and beneficiaries. Nothing

19  in this section shall prevent or prohibit a bundled provider

20  from providing any administrative or customer service,

21  including accounting and administration of individual

22  participant benefits and contributions; individual participant

23  recordkeeping; asset purchase, control, and safekeeping;

24  direct execution of the participant's instructions as to asset

25  and contribution allocation; calculation of daily net asset

26  values; direct access to participant account information;

27  periodic reporting to participants, at least quarterly, on

28  account balances and transactions.

29         3.  The state board shall select and contract with one

30  or more organizations to provide educational services. With

31  approval of the board, the organizations may subcontract with

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    Florida House of Representatives - 2001              CS/HB 347

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  1  other organizations or individuals to provide components of

  2  the educational services. As a cost of administration, the

  3  board may compensate any such contractor for its services in

  4  accordance with the terms of the contract, as is deemed

  5  necessary or proper by the board. The education organization

  6  may not be an approved provider or be affiliated with an

  7  approved provider.

  8         4.  Educational services shall be designed by the board

  9  and department to assist employers, eligible employees,

10  participants, and beneficiaries in order to maintain

11  compliance with United States Department of Labor regulations

12  under s. 404(c) of the Employee Retirement Income Security Act

13  of 1974 and to assist employees in their choice of defined

14  benefit or defined contribution retirement alternatives.

15  Educational services include, but are not limited to,

16  disseminating educational materials; providing retirement

17  planning education; explaining the differences between the

18  defined benefit retirement plan and the defined contribution

19  retirement plan; and offering financial planning guidance on

20  matters such as investment diversification, investment risks,

21  investment costs, and asset allocation. An approved provider

22  may also provide educational information, including retirement

23  planning and investment allocation information concerning its

24  products and services.

25         (9)  INVESTMENT OPTIONS OR PRODUCTS; PERFORMANCE

26  REVIEW.--

27         (a)  The board shall develop policy and procedures for

28  selecting, evaluating, and monitoring the performance of

29  approved providers and investment products to which employees

30  may direct retirement contributions under the program. In

31  accordance with such policy and procedures, the board shall

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    Florida House of Representatives - 2001              CS/HB 347

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  1  designate and contract for a number of investment products as

  2  determined by the board. The board shall also select one or

  3  more bundled providers, each of whom who offer nine multiple

  4  investment options and related services products when such an

  5  approach is determined by the board to afford value to the

  6  participants otherwise not available through individual

  7  investment products. Each approved bundled provider may offer

  8  investment options that provide participants with the

  9  opportunity to invest in each of the following asset classes,

10  to be composed of individual options that represent either a

11  single asset class or a combination thereof: money markets,

12  U.S. fixed income, U.S. equities, and foreign stock. The board

13  shall review and manage all educational materials, contract

14  terms, fee schedules, and other aspects of the approved

15  provider relationships to ensure that no provider is unduly

16  favored or penalized by virtue of its status within the plan.

17         (b)  The board shall consider investment options or

18  products it considers appropriate to give participants the

19  opportunity to accumulate retirement benefits, subject to the

20  following:

21         1.  The Public Employee Optional Retirement Program

22  must offer a diversified mix of low-cost investment products

23  that span the risk-return spectrum, and may include a

24  guaranteed account as well as investment products such as

25  individually allocated guaranteed and variable annuities, that

26  meet the requirements of this subsection and that combine the

27  ability to accumulate investment returns with the option of

28  receiving lifetime income consistent with the long-term

29  retirement security of a pension plan and similar to the

30  lifetime income benefit provided by the Florida Retirement

31  System.

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    Florida House of Representatives - 2001              CS/HB 347

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  1         2.  Investment options or products offered by the group

  2  of approved providers may include mutual funds, group annuity

  3  contracts, individual retirement annuities, interests in

  4  trusts, collective trusts, separate accounts, and other such

  5  financial instruments, and shall include products that give

  6  participants the option of committing their contributions for

  7  an extended time period in an effort to obtain higher returns

  8  than could be obtained from investment products offering full

  9  liquidity.

10         3.  The board shall not contract with any provider that

11  imposes a front-end, back-end, contingent, or deferred sales

12  charge, or any other fee that limits or restricts the ability

13  of participants to select any investment product available in

14  the optional program. This prohibition shall not apply to fees

15  or charges that are imposed on withdrawals from products that

16  give participants the option of committing their contributions

17  for an extended time period in an effort to obtain higher

18  returns than could be obtained from investment products

19  offering full liquidity, provided that the product in

20  question, net of all fees and charges, produces material

21  benefits relative to other comparable products in the program

22  offering full liquidity.

23         4.  Fees or charges for insurance features, such as

24  mortality and expense risk charges, shall be reasonable

25  relative to the benefits provided.

26         (f)1.  An approved provider shall comply with all

27  applicable federal and state securities and insurance laws and

28  regulations, as well as the applicable rules and guidelines of

29  the National Association of Securities Dealers (NASD)

30  governing the ethical marketing of investment products. In

31  furtherance of this mandate, an approved provider must agree

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    Florida House of Representatives - 2001              CS/HB 347

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  1  in its contract with the board to establish and maintain a

  2  compliance education and monitoring system to supervise the

  3  activities of all personnel who directly communicate with

  4  individual participants and recommend investment products,

  5  which system is consistent with National Association of

  6  Security Dealers rules.

  7         2.  Approved provider personnel who directly

  8  communicate with individual participants and who recommend

  9  investment products shall make an independent and unbiased

10  determination as to whether an investment product is suitable

11  for a particular participant.

12         3.  The board shall develop procedures to receive and

13  resolve participant complaints against a provider, and, when

14  appropriate, refer such complaints to the appropriate

15  regulatory agency.

16         4.  Approved providers are prohibited from selling any

17  customer list or participant identification information

18  generated through their offering of products or services

19  through the optional retirement program.

20         Section 2.  This act shall take effect upon becoming a

21  law.

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