HOUSE AMENDMENT
                                                   Bill No. HB 485
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on State Administration offered the following:
12  
13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
15  
16  and insert in lieu thereof:  
17         Section 1.  Subsection (62) is added to section
18  121.021, Florida Statutes, to read:
19         121.021  Definitions.--The following words and phrases
20  as used in this chapter have the respective meanings set forth
21  unless a different meaning is plainly required by the context:
22         (62)  "Public school member" means a member of the
23  Florida Retirement System Regular Class who is employed by a
24  district school system, a public charter school, or the
25  Florida School for the Deaf and the Blind.
26         Section 2.  Subsection (1) of section 121.071, Florida
27  Statutes, is amended to read:
28         121.071  Contributions.--Contributions to the system
29  shall be made as follows:
30         (1)  The following tables state the required retirement
31  contribution rates for members of the Regular Class, Special
                                  1
    File original & 9 copies    04/12/01                          
    hsa0005                     05:09 pm         00485-sa  -392217

HOUSE AMENDMENT Bill No. HB 485 Amendment No. ___ (for drafter's use only) 1 Risk Class, or Special Risk Administrative Support Class and 2 their employers in terms of a percentage of the member's gross 3 compensation. A change in a contribution rate is effective 4 with the first salary paid on or after the beginning date of 5 the change. Contributions shall be made or deducted as may be 6 appropriate for each pay period and are in addition to the 7 contributions required for social security and the Retiree 8 Health Insurance Subsidy Trust Fund. 9 (a) Retirement contributions for regular members are 10 as follows: 11 12 Dates of Contribution 13 Rate Changes Members Employers 14 15 December 1, 1970, through December 16 31, 1974, for state agencies, state 17 universities, community colleges, 18 and district school boards 4% 4% 19 20 December 1, 1970, through September 21 30, 1975, for all other local 22 government agencies 4% 4% 23 24 January 1, 1975, through September 25 30, 1978, for state agencies and 26 state universities 0% 9% 27 28 January 1, 1975, through July 31, 29 1978, for community colleges and 30 district school boards 0% 9% 31 2 File original & 9 copies 04/12/01 hsa0005 05:09 pm 00485-sa -392217
HOUSE AMENDMENT Bill No. HB 485 Amendment No. ___ (for drafter's use only) 1 2 October 1, 1975, through September 3 30, 1978, for all other local 4 government agencies 0% 9% 5 6 August 1, 1978, through September 30, 7 1981, for community colleges and 8 district school boards 0% 9.1% 9 10 October 1, 1978, through September 11 30, 1981, for all other agencies 0% 9.1% 12 13 October 1, 1981, through 14 September 30, 1984 0% 10.93% 15 October 1, 1984, through 16 September 30, 1986 0% 12.24% 17 October 1, 1986, through 18 December 31, 1988 0% 13.14% 19 January 1, 1989, through 20 December 31, 1989 0% 13.90% 21 January 1, 1990, through 22 December 31, 1990 0% 14.66% 23 January 1, 1991, through 24 December 31, 1991 0% 15.72% 25 January 1, 1992, through 26 December 31, 1992 0% 16.51% 27 January 1, 1993, through 28 December 31, 1993 0% 17.27% 29 January 1, 1994, through 30 December 31, 1994 0% 17.10% 31 January 1, 1995, through 3 File original & 9 copies 04/12/01 hsa0005 05:09 pm 00485-sa -392217
HOUSE AMENDMENT Bill No. HB 485 Amendment No. ___ (for drafter's use only) 1 December 31, 1995 0% 16.91% 2 January 1, 1996, through 3 June 30, 1996 0% 17.00% 4 July 1, 1996, through 5 June 30, 1998 0% 16.77% 6 July 1, 1998, through 7 June 30, 1999 0% 15.51% 8 Effective July 1, 1999 0% 9.21% 9 Effective July 1, 2002, for public 10 school members 0% 11 12 (b) Retirement contributions for special risk members 13 are as follows: 14 15 Dates of Contribution 16 Rate Changes Members Employers 17 18 December 1, 1970, through 19 September 30, 1974 6% 6% 20 21 October 1, 1974, through December 31, 22 1974, for state agencies, state 23 universities, community colleges, 24 and district school boards 8% 8% 25 26 October 1, 1974, through September 27 30, 1975, for all other local 28 government agencies 8% 8% 29 30 January 1, 1975, through September 31 30, 1978, for state agencies, state 4 File original & 9 copies 04/12/01 hsa0005 05:09 pm 00485-sa -392217
HOUSE AMENDMENT Bill No. HB 485 Amendment No. ___ (for drafter's use only) 1 universities, community colleges, 2 and district school boards 0% 13% 3 4 October 1, 1975, through September 5 30, 1978, for other local 6 government agencies 0% 13% 7 8 October 1, 1978, through 9 September 30, 1981 0% 13.95% 10 October 1, 1981, through 11 September 30, 1984 0% 13.91% 12 October 1, 1984, through 13 September 30, 1986 0% 14.67% 14 October 1, 1986, through 15 December 31, 1988 0% 15.11% 16 January 1, 1989, through 17 December 31, 1989 0% 17.50% 18 January 1, 1990, through 19 December 31, 1990 0% 19.90% 20 January 1, 1991, through 21 December 31, 1991 0% 25.52% 22 January 1, 1992, through 23 December 31, 1992 0% 26.35% 24 January 1, 1993, through 25 December 31, 1993 0% 27.14% 26 January 1, 1994, through 27 December 31, 1994 0% 27.03% 28 January 1, 1995, through 29 December 31, 1995 0% 26.83% 30 January 1, 1996, through 31 June 30, 1996 0% 26.84% 5 File original & 9 copies 04/12/01 hsa0005 05:09 pm 00485-sa -392217
HOUSE AMENDMENT Bill No. HB 485 Amendment No. ___ (for drafter's use only) 1 July 1, 1996, through 2 June 30, 1998 0% 26.44% 3 July 1, 1998, through 4 June 30, 1999 0% 24.38% 5 July 1, 1999, through 6 June 30, 2000 0% 20.22% 7 Effective July 1, 2000 0% 20.35% 8 9 (c) Retirement contributions for special risk 10 administrative support members are as follows: 11 12 Dates of Contribution 13 Rate Changes Members Employers 14 15 July 1, 1982, through 16 September 30, 1984 0% 11.14% 17 October 1, 1984, through 18 September 30, 1986 0% 13.09% 19 October 1, 1986, through 20 December 31, 1988 0% 15.44% 21 January 1, 1989, through 22 December 31, 1989 0% 14.76% 23 January 1, 1990, through 24 December 31, 1990 0% 14.09% 25 January 1, 1991, through 26 December 31, 1991 0% 20.16% 27 January 1, 1992, through 28 December 31, 1992 0% 19.51% 29 January 1, 1993, through 30 December 31, 1993 0% 18.83% 31 January 1, 1994, through 6 File original & 9 copies 04/12/01 hsa0005 05:09 pm 00485-sa -392217
HOUSE AMENDMENT Bill No. HB 485 Amendment No. ___ (for drafter's use only) 1 December 31, 1994 0% 18.59% 2 January 1, 1995, through 3 December 31, 1995 0% 17.81% 4 January 1, 1996, through 5 June 30, 1996 0% 17.80% 6 July 1, 1996, through 7 June 30, 1998 0% 17.20% 8 July 1, 1998, through 9 June 30, 1999 0% 14.64% 10 July 1, 1999, through 11 June 30, 2000 0% 11.53% 12 Effective July 1, 2000 0% 11.74% 13 14 Section 3. Subsection (1) of section 121.091, Florida 15 Statutes, is amended to read: 16 121.091 Benefits payable under the system.--Benefits 17 may not be paid under this section unless the member has 18 terminated employment as provided in s. 121.021(39)(a) or 19 begun participation in the Deferred Retirement Option Program 20 as provided in subsection (13), and a proper application has 21 been filed in the manner prescribed by the department. The 22 department may cancel an application for retirement benefits 23 when the member or beneficiary fails to timely provide the 24 information and documents required by this chapter and the 25 department's rules. The department shall adopt rules 26 establishing procedures for application for retirement 27 benefits and for the cancellation of such application when the 28 required information or documents are not received. 29 (1) NORMAL RETIREMENT BENEFIT.--Upon attaining his or 30 her normal retirement date, the member, upon application to 31 the administrator, shall receive a monthly benefit which shall 7 File original & 9 copies 04/12/01 hsa0005 05:09 pm 00485-sa -392217
HOUSE AMENDMENT Bill No. HB 485 Amendment No. ___ (for drafter's use only) 1 begin to accrue on the first day of the month of retirement 2 and be payable on the last day of that month and each month 3 thereafter during his or her lifetime. The normal retirement 4 benefit, including any past or additional retirement credit, 5 may not exceed 100 percent of the average final compensation. 6 The amount of monthly benefit shall be calculated as the 7 product of A and B, subject to the adjustment of C, if 8 applicable, as set forth below: 9 (a)1.a. For creditable years of Regular Class service, 10 A is 1.60 percent of the member's average final compensation, 11 up to the member's normal retirement date. Upon completion of 12 the first year after the normal retirement date, A is 1.63 13 percent of the member's average final compensation. Following 14 the second year after the normal retirement date, A is 1.65 15 percent of the member's average final compensation. Following 16 the third year after the normal retirement date, and for 17 subsequent years, A is 1.68 percent of the member's average 18 final compensation. 19 b. For creditable years of Regular Class service, 20 public school members shall have A determined under the 21 provisions of sub-subparagraph 1.a. for service up to the 22 "applicability date," and according to the following table for 23 service earned after the "applicability date": 24 25 Years of Regular Benefit Accrual Rate 26 Class Service 27 0-6 1.60% 28 7-12 1.75% 29 13-18 1.90% 30 Over 18 2.10% 31 8 File original & 9 copies 04/12/01 hsa0005 05:09 pm 00485-sa -392217
HOUSE AMENDMENT Bill No. HB 485 Amendment No. ___ (for drafter's use only) 1 Applicability date means July 1, 2002, adjusted as 2 follows: for each year of creditable service as a public 3 school member earned after the applicability date, 2 years 4 will be subtracted from the applicability date up to a maximum 5 adjustment of 18 years. 6 2. For creditable years of special risk service, A is: 7 a. Two percent of the member's average final 8 compensation for all creditable years prior to October 1, 9 1974; 10 b. Three percent of the member's average final 11 compensation for all creditable years after September 30, 12 1974, and before October 1, 1978; 13 c. Two percent of the member's average final 14 compensation for all creditable years after September 30, 15 1978, and before January 1, 1989; 16 d. Two and two-tenths percent of the member's final 17 monthly compensation for all creditable years after December 18 31, 1988, and before January 1, 1990; 19 e. Two and four-tenths percent of the member's average 20 final compensation for all creditable years after December 31, 21 1989, and before January 1, 1991; 22 f. Two and six-tenths percent of the member's average 23 final compensation for all creditable years after December 31, 24 1990, and before January 1, 1992; 25 g. Two and eight-tenths percent of the member's 26 average final compensation for all creditable years after 27 December 31, 1991, and before January 1, 1993; 28 h. Three percent of the member's average final 29 compensation for all creditable years after December 31, 1992; 30 and 31 i. Three percent of the member's average final 9 File original & 9 copies 04/12/01 hsa0005 05:09 pm 00485-sa -392217
HOUSE AMENDMENT Bill No. HB 485 Amendment No. ___ (for drafter's use only) 1 compensation for all creditable years of service after 2 September 30, 1978, and before January 1, 1993, for any 3 special risk member who retires after July 1, 2000, or any 4 member of the Special Risk Administrative Support Class 5 entitled to retain the special risk normal retirement date who 6 was a member of the Special Risk Class during the time period 7 and who retires after July 1, 2000. 8 3. For creditable years of Senior Management Service 9 Class service after January 31, 1987, A is 2 percent; 10 4. For creditable years of Elected Officers' Class 11 service as a Supreme Court Justice, district court of appeal 12 judge, circuit judge, or county court judge, A is 3 1/3 13 percent of the member's average final compensation, and for 14 all other creditable service in such class, A is 3 percent of 15 average final compensation; 16 (b) B is the number of the member's years and any 17 fractional part of a year of creditable service earned 18 subsequent to November 30, 1970; and 19 (c) C is the normal retirement benefit credit brought 20 forward as of November 30, 1970, by a former member of an 21 existing system. Such normal retirement benefit credit shall 22 be determined as the product of X and Y when X is the 23 percentage of average final compensation which the member 24 would have been eligible to receive if the member had attained 25 his or her normal retirement date as of November 30, 1970, all 26 in accordance with the existing system under which the member 27 is covered on November 30, 1970, and Y is average final 28 compensation as defined in s. 121.021(25). However, any 29 member of an existing retirement system who is eligible to 30 retire and who does retire, become disabled, or die prior to 31 April 15, 1971, may have his or her retirement benefits 10 File original & 9 copies 04/12/01 hsa0005 05:09 pm 00485-sa -392217
HOUSE AMENDMENT Bill No. HB 485 Amendment No. ___ (for drafter's use only) 1 calculated on the basis of the best 5 of the last 10 years of 2 service. 3 (d) A member's average final compensation shall be 4 determined by formula to obtain the coverage for the 5 highest 5 fiscal years' salaries, calculated as provided by rule. 6 Section 4. It is the intent of the Legislature that 7 costs attributable to benefit increases for regular class 8 public school members shall be funded by recognition of lump 9 sums from the excess actuarial assets of the Florida 10 Retirement System Trust Fund as follows: 11 (1) For fiscal year 2002-2003, the lump sum to be 12 recognized shall be the lessor of: 13 (a) The amount available under the rate stabilization 14 mechanism described in s. 121.031, Florida Statutes, and 15 (b) The amount needed to pay the annual cost 16 attributable to the increased benefit accrual rate for public 17 school members. The annual cost shall consist of the increase 18 in normal cost for public school members plus payment of the 19 30-year amortization amount of the increase in the actuarial 20 accrued liability attributable to the increase, but not 21 greater than $212 million, and 22 (c) If, after the recognition of excess actuarial 23 assets pursuant to this subsection, there remains an unfunded 24 cost, the contribution rate applicable to public school 25 members shall be increased by the difference between the 26 annual cost and the amount provided by the excess actuarial 27 assets, unless the legislature provides an alternate funding 28 mechanism. 29 (2) For fiscal years starting 2003-2004 and thereafter, 30 the Legislature shall, as provided in subsection (2) above, 31 continue to fund on an ongoing basis the annual cost 11 File original & 9 copies 04/12/01 hsa0005 05:09 pm 00485-sa -392217
HOUSE AMENDMENT Bill No. HB 485 Amendment No. ___ (for drafter's use only) 1 attributable to the formula improvements through recognition 2 of lump sum payments from the excess actuarial assets of the 3 Florida Retirement System Trust Fund. 4 Section 5. The Legislature finds that a proper and 5 legitimate state purpose is served when employees and retirees 6 of the state and of its political subdivisions, and the 7 dependents, survivors, and beneficiaries of such employees and 8 retirees, are extended the basic protections afforded by 9 governmental retirement systems that provide fair and adequate 10 benefits that are managed, administered, and funded in an 11 actuarially sound manner, as required by Section 14, Article X 12 of the State Constitution and part VII of chapter 112, Florida 13 Statutes. Therefore, the Legislature determines and declares 14 that this act fulfills an important state interest. 15 Section 6. This act shall take effect July 1, 2002. 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 On page 1, lines 1 through 13, 21 remove from the title of the bill: all of said lines 22 23 and insert in lieu thereof: 24 An act relating to the Florida Retirement 25 System; amending s. 121.021, F.S.; defining the 26 term "public school member" for purposes of the 27 system; amending s. 121.071, F.S.; providing 28 contribution rates for public school members; 29 amending s. 121.091, F.S.; providing retirement 30 benefits payable to public school members; 31 providing retroactive applicability; providing 12 File original & 9 copies 04/12/01 hsa0005 05:09 pm 00485-sa -392217
HOUSE AMENDMENT Bill No. HB 485 Amendment No. ___ (for drafter's use only) 1 for funding of the revision of the Florida 2 Retirement System by this act; providing a 3 finding of important state interest; providing 4 an effective date. 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 13 File original & 9 copies 04/12/01 hsa0005 05:09 pm 00485-sa -392217