CODING: Words stricken are deletions; words underlined are additions.
e1093494
House
h1900-99
h1973
2002
AA
923882
Senator Garcia moved the following amendment to amendment
(923882):
On page 26, between lines 8 and 9,
On page 28, line 1,




                                                  SENATE AMENDMENT

    Bill No. HB 1973, 1st Eng.

    Amendment No. ___   Barcode 093494

                            CHAMBER ACTION
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10  ______________________________________________________________

11  Senator Garcia moved the following amendment to amendment

12  (923882):

13

14         Senate Amendment (with title amendment) 

15         On page 26, between lines 8 and 9,

16

17  insert:

18         Section 12.  Paragraph (h) of subsection (1),

19  subsection (3), and paragraph (c) of subsection (6) of section

20  121.055, Florida Statutes, as amended by chapter 2001-262,

21  Laws of Florida, are amended to read:

22         121.055  Senior Management Service Class.--There is

23  hereby established a separate class of membership within the

24  Florida Retirement System to be known as the "Senior

25  Management Service Class," which shall become effective

26  February 1, 1987.

27         (1)

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

29  January 1, 1994, participation in the Senior Management

30  Service Class shall be compulsory for the State Courts

31  Administrator and the Deputy State Courts Administrators, the

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                                                  SENATE AMENDMENT

    Bill No. HB 1973, 1st Eng.

    Amendment No. ___   Barcode 093494





  1  Clerk of the Supreme Court, the Marshal of the Supreme Court,

  2  the Executive Director of the Justice Administrative

  3  Commission, the Capital Collateral Regional Counsels, the

  4  clerks of the district courts of appeals, the marshals of the

  5  district courts of appeals, and the trial court administrator

  6  and the Chief Deputy Court Administrator in each judicial

  7  circuit. Effective January 1, 1994, additional positions in

  8  the offices of the state attorney and public defender in each

  9  judicial circuit may be designated for inclusion in the Senior

10  Management Service Class of the Florida Retirement System,

11  provided that:

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

13  designated by the state attorney or public defender, as

14  appropriate.  Notice of intent to designate positions for

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

16  consecutive weeks in a newspaper of general circulation

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

18  chapter 50.

19         b.  One nonelective full-time position may be

20  designated for each state attorney and public defender

21  reporting to the Department of Management Services; for

22  agencies with 200 or more regularly established positions

23  under the state attorney or public defender, additional

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

25  exceed 0.5 percent of the regularly established positions

26  within the agency.

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

28  managerial or policymaking position filled by an employee who

29  serves at the pleasure of the state attorney or public

30  defender without civil service protection, and who:

31         (I)  Heads an organizational unit; or

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                                                  SENATE AMENDMENT

    Bill No. HB 1973, 1st Eng.

    Amendment No. ___   Barcode 093494





  1         (II)  Has responsibility to effect or recommend

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

  3  her areas of responsibility.

  4         2.  Participation in this class shall be compulsory,

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

  6  employee who holds a position designated for coverage in the

  7  Senior Management Service Class, and such participation shall

  8  continue until the employee terminates employment in a covered

  9  position. Effective January 1, 2001, participation in this

10  class is compulsory for assistant state attorneys, assistant

11  statewide prosecutors, assistant public defenders, and

12  assistant capital collateral regional counsels. Effective

13  January 1, 2002, participation in this class is compulsory for

14  assistant attorneys general.

15         3.  In lieu of participation in the Senior Management

16  Service Class, such members, excluding assistant state

17  attorneys, assistant public defenders, assistant statewide

18  prosecutors, assistant attorneys general, and assistant

19  capital collateral regional counsels, may participate in the

20  Senior Management Service Optional Annuity Program as

21  established in subsection (6).

22         (3)(a)  The following table states the required

23  retirement contribution rates for members of the Senior

24  Management Service Class and their employers in terms of a

25  percentage of the member's gross compensation. A change in the

26  contribution rate is effective with the first salary paid on

27  or after the beginning date of the change.  Contributions

28  shall be made for each pay period and are in addition to the

29  contributions required for social security and the Retiree

30  Health Insurance Subsidy Trust Fund.

31

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                                                  SENATE AMENDMENT

    Bill No. HB 1973, 1st Eng.

    Amendment No. ___   Barcode 093494





  1  Dates of Contribution

  2    Rate Changes                          Members   Employers

  3  Effective July 1, 2001                    0%       11.73%

  4

  5         (b)  The employer paying the salary of a member of the

  6  Senior Management Service Class shall contribute an amount as

  7  specified in this section which shall constitute the entire

  8  employer retirement contribution with respect to such member.

  9  The employer shall also withhold one-half of the entire

10  contribution of the member required for social security

11  coverage.

12         (c)  The following table states the required employer

13  contribution on behalf of each member of the Senior Management

14  Service Class in terms of a percentage of the member's gross

15  compensation.  Such contribution constitutes the entire health

16  insurance subsidy contribution with respect to the member. A

17  change in the contribution rate is effective with the first

18  salary paid on or after the beginning date of the change.  The

19  retiree health insurance subsidy contribution rate is as

20  follows:

21

22  Dates of Contribution                             Contribution

23    Rate Changes                                        Rate

24  October 1, 1987, through December 31, 1988             0.24%

25  January 1, 1989, through December 31, 1993             0.48%

26  January 1, 1994, through December 31, 1994             0.56%

27  January 1, 1995, through June 30, 1998                 0.66%

28  July 1, 1998, through June 30, 2001                    0.94%

29  Effective July 1, 2001                                 1.11%

30

31  Such contributions and accompanying payroll data are due and

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                                                  SENATE AMENDMENT

    Bill No. HB 1973, 1st Eng.

    Amendment No. ___   Barcode 093494





  1  payable no later than the 5th working day of the month

  2  immediately following the month during which the payroll

  3  period ended and shall be deposited by the administrator in

  4  the Retiree Health Insurance Subsidy Trust Fund.

  5         (6)

  6         (c)  Participation.--

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

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

  9  annuity program in lieu of participation in the Senior

10  Management Service Class.  Such election shall be made in

11  writing and filed with the department and the personnel

12  officer of the employer on or before May 1, 1987.  Any

13  eligible employee who is employed on or before February 1,

14  1987, and who fails to make an election to participate in the

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

16  have elected membership in the Senior Management Service

17  Class.

18         2.  Any employee who becomes eligible to participate in

19  the optional annuity program by reason of initial employment

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

21  the date of commencement of employment, elect to participate

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

23  in writing and filed with the personnel officer of the

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

25  after commencement of such employment elect to participate in

26  the optional annuity program shall be deemed to have elected

27  membership in the Senior Management Service Class.

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

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

30  existing retirement system or the Special Risk or Special Risk

31  Administrative Support Classes of the Florida Retirement

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                                                  SENATE AMENDMENT

    Bill No. HB 1973, 1st Eng.

    Amendment No. ___   Barcode 093494





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

  2  participation in the Senior Management Service Class or

  3  optional annuity program. Such election shall be made in

  4  writing and filed with the department and the personnel

  5  officer of the employer within 90 days of such appointment.

  6  Any eligible employee who fails to make an election to

  7  participate in the existing system, the Special Risk Class of

  8  the Florida Retirement System, the Special Risk Administrative

  9  Support Class of the Florida Retirement System, or the

10  optional annuity program shall be deemed to have elected

11  membership in the Senior Management Service Class.

12         4.  Except as provided in subparagraph 5., an

13  employee's election to participate in the optional annuity

14  program is irrevocable as long as such employee continues to

15  be employed in an eligible position and continues to meet the

16  eligibility requirements set forth in this paragraph.

17         5.  Effective from July 1, 2002, through September 30,

18  2002, any active employee in a regularly established position

19  who has elected to participate in the Senior Management

20  Service Optional Annuity Program has one opportunity to choose

21  to move from the Senior Management Service Optional Annuity

22  Program to the Florida Retirement System defined benefit

23  program.

24         a.  The election must be made in writing and must be

25  filed with the department and the personnel officer of the

26  employer before October 1, 2002, or, in the case of an active

27  employee who is on a leave of absence on July 1, 2002, within

28  90 days after the conclusion of the leave of absence. This

29  election is irrevocable.

30         b.  The employee will receive service credit under the

31  defined benefit program of the Florida Retirement System equal

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                                                  SENATE AMENDMENT

    Bill No. HB 1973, 1st Eng.

    Amendment No. ___   Barcode 093494





  1  to his or her years of service under the Senior Management

  2  Service Optional Annuity Program. The cost for such credit

  3  shall be an amount representing the present value of that

  4  employee's accumulated benefit obligation for the affected

  5  period of service.

  6         c.  The employee must transfer the total accumulated

  7  employer contributions and earnings on deposit in his or her

  8  Senior Management Service Optional Annuity Program account. If

  9  the transferred amount is not sufficient to pay the amount

10  due, the employee must pay a sum representing the remainder of

11  the amount due. In no case may the employee retain any

12  employer contributions or earnings thereon from the Senior

13  Management Service Optional Annuity Program account.

14

15  (Redesignate subsequent sections.)

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 28, line 1, after the semicolon

21

22  insert:

23         revising provisions governing contributions to

24         the Senior Management Service Optional Annuity

25         Program;

26

27

28

29

30

31

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