Senate Bill sb0468

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                   SB 468

    By Senator Garcia





    39-540-01

  1                      A bill to be entitled

  2         An act relating to state employees; requiring

  3         the Department of Management Services and the

  4         Board of Regents to contract with a private

  5         vendor for a tax-sheltered plan for state

  6         employees who are eligible for payment for

  7         accumulated sick leave, annual leave, and

  8         special compensation payment upon termination

  9         of employment; providing conditions; providing

10         for continuous quality-assurance oversight;

11         authorizing employees to withdraw such funds

12         upon termination of employment; providing for a

13         tax-sheltered plan for certain career service

14         employees and employees participating in the

15         Deferred Retirement Option Program; creating s.

16         110.1315, F.S.; providing for alternative

17         benefits for other-personal-services employees;

18         providing an effective date.

19

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

21

22         Section 1.  Alternative benefits; tax-sheltered

23  annual-leave, sick-leave payments, and special compensation

24  payments.--

25         (1)  The Department of Management Services and the

26  Board of Regents on behalf of the State University System have

27  authority to adopt tax-sheltered plans under section 401(a) of

28  the Internal Revenue Code for state employees who are eligible

29  for payment for accumulated leave. The department and the

30  Board of Regents, upon adoption of the plans, shall contract

31  for a private vendor or vendors to administer the plans. The

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 468
    39-540-01




  1  plans must provide benefits in a manner that minimizes the tax

  2  liability of the state and participants. The plans must be

  3  funded by employer contributions of payments for accumulated

  4  leave or special compensation payments, or both, as specified

  5  by the department and the Board of Regents. The plans must

  6  have received all necessary federal and state approval as

  7  required by law, must not adversely impact the qualified

  8  status of the Florida Retirement System defined benefit or

  9  defined contribution plans or the pretax benefits program, and

10  must comply with the provisions of section 112.65, Florida

11  Statutes. Adoption of the plans is contingent on the

12  department and the Board of Regents receiving favorable

13  determination letters and favorable private letters rulings

14  from the Internal Revenue Service, and being negotiated under

15  the provisions of chapter 447, Florida Statutes, where

16  applicable. The plans shall also be contingent upon the

17  Comptroller making appropriate changes to the state payroll

18  system. The department's and the Board of Regent's request for

19  proposals by vendors for such plans may require that the

20  vendors provide market-risk or volatility ratings from

21  recognized rating agencies for each of their investment

22  products. The department and the Board of Regents shall

23  provide for a system of continuous quality-assurance oversight

24  to ensure that the program objectives are achieved and that

25  the program is prudently managed.

26         (2)  Within 30 days after termination of employment, an

27  employee may elect to withdraw the moneys without penalty by

28  the plan administrator. If any employee is adversely affected

29  financially by a plan, the plan shall include a provision

30  which will provide the employee with no less cash than if the

31  employee had not participated in the plan.

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 468
    39-540-01




  1         (3)  These contracts may be used by any other pay plans

  2  or personnel systems in the executive, legislative, or

  3  judicial branches of government upon approval of the

  4  appropriate administrative authority.

  5         (4)  Notwithstanding the terminal-pay provisions of

  6  section 110.122, Florida Statutes, the department and the

  7  Board of Regents shall contract for a tax-sheltered plan for

  8  leave and special compensation pay for employees terminating

  9  over age 55 with 10 years of service and for employees

10  participating in the Deferred Retirement Option Program by

11  July 1, 2001. The frequency of payments into the plan shall be

12  determined by the department or as provided in the General

13  Appropriations Act. This plan or plans shall provide the

14  greatest tax benefits to the employees and maximize the

15  savings to the state.

16         (5)  The department and the Board of Regents shall

17  determine by rule the design of the plans and the eligibility

18  of participants.

19         (6)  Nothing in this act shall be construed to remove

20  plan participants from the scope of section 110.122(5),

21  Florida Statutes.

22         Section 2.  Section 110.1315, Florida Statutes, is

23  created to read:

24         110.1315  Alternative benefits; other-personal-services

25  employees.--Upon review and recommendation of the department

26  and approval of the Governor, the department may contract for

27  the implementation of an alternative retirement income

28  security program for eligible temporary and seasonal employees

29  of the state which is funded from appropriations for other

30  personal services. The contract may provide for a private

31  vendor or vendors to administer the program under a

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 468
    39-540-01




  1  defined-contribution plan under sections 401(a) and 403(b) or

  2  457 of the Internal Revenue Code, and the program must provide

  3  retirement benefits as required under section 3121(b)(7)(F) of

  4  the Internal Revenue Code. The department may develop a

  5  request for proposals and solicit qualified vendors to compete

  6  for the award of the contract. A vendor shall be elected on

  7  the basis of the plan that best serves the interest of the

  8  participating employees and the state. The proposal must

  9  comply with all necessary federal and state laws and rules and

10  receive favorable determination letters from the Internal

11  Revenue Service prior to implementation.

12         Section 3.  This act shall take effect July 1, 2001.

13

14            *****************************************

15                       LEGISLATIVE SUMMARY

16
      Requires the Department of Management Services and the
17    Board of Regents to contract with a private vendor for a
      tax-sheltered plan for state employees who are eligible
18    to receive payment for their accumulated sick leave,
      annual leave, or special compensation payment upon
19    termination of their employment. Specifies conditions and
      provides for funding by the contributions of the employer
20    for accumulated sick leave and annual leave. Provides for
      continual oversight. Authorizes state employees to
21    withdraw moneys from the plan upon termination of
      employment. Authorizes the department and the board to
22    determine by rule the calculation and frequency of
      payments into the plan. Provides for alternative benefits
23    for other-personal-services employees. (See bill for
      details.)
24

25

26

27

28

29

30

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.