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



                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5

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  8

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10  ______________________________________________________________

11  Senator Sanderson moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Paragraph (d) of subsection (2), paragraph

18  (c) of subsection (3), paragraphs (a), (b), and (c) of

19  subsection (4), subsection (6), paragraphs (c) and (e) of

20  subsection (7), and paragraph (a) of subsection (8) of section

21  121.4501, Florida Statutes, are amended, and paragraph (c) is

22  added to subsection (5) of said section, to read:

23         121.4501  Public Employee Optional Retirement

24  Program.--

25         (2)  DEFINITIONS.--As used in this section, the term:

26         (d)  "Eligible employee" means an officer or employee,

27  as defined in s. 121.021(11), who:

28         1.  Is a member of, or is eligible for membership in,

29  the Florida Retirement System, including any renewed member of

30  the Florida Retirement System;

31         2.  Participates in, or is eligible to participate in,

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  the Senior Management Service Optional Annuity Program as

  2  established under s. 121.055(6); or

  3         3.  Is eligible to participate in, but does not

  4  participate in, the State University System Optional

  5  Retirement Program established under s. 121.35 or the State

  6  Community College System Optional Retirement Program

  7  established under s. 121.051(2)(c).

  8

  9  The term does not include any renewed member of the Florida

10  Retirement System, any member participating in the Deferred

11  Retirement Option Program established under s. 121.091(13), or

12  any employee participating in an optional retirement program

13  established under s. 121.051(2)(c) or s. 121.35.

14         (3)  ELIGIBILITY; RETIREMENT SERVICE CREDIT.--

15         (c)1.  Notwithstanding paragraph (b), each eligible

16  employee who elects to participate in the Public Employee

17  Optional Retirement Program and establishes one or more

18  individual participant accounts under the optional program may

19  elect to transfer to the optional program a sum representing

20  the present value of the employee's accumulated benefit

21  obligation under the defined benefit retirement program of the

22  Florida Retirement System. Upon such transfer, all service

23  credit previously earned under the defined benefit program of

24  the Florida Retirement System shall be nullified for purposes

25  of entitlement to a future benefit under the defined benefit

26  program of the Florida Retirement System. A participant is

27  precluded from transferring the accumulated benefit obligation

28  balance from the defined benefit program upon the expiration

29  of the period afforded to enroll in the optional program.

30         2.  For purposes of this subsection, the present value

31  of the member's accumulated benefit obligation is based upon

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  the member's estimated creditable service and estimated

  2  average final compensation as of midnight of the day prior to

  3  the opening of the election window for the employee. The

  4  actuarial present value of the employee's accumulated benefit

  5  obligation shall be based on the following:

  6         a.  The discount rate and other relevant actuarial

  7  assumptions used to value the Florida Retirement System Trust

  8  Fund at the time the amount to be transferred is determined,

  9  consistent with the factors provided in sub-subparagraphs b.

10  and c.

11         b.  A benefit commencement age, based on the member's

12  estimated creditable service as of midnight on May 31, 2002.

13  The benefit commencement age shall be the younger of the

14  following, but shall not be younger than the member's age as

15  of midnight on May 31, 2002:

16         (I)  Age 62; or

17         (II)  The age the member would attain if the member

18  completed 30 years of service with an employer, assuming the

19  member worked continuously from May 31, 2002, and disregarding

20  any vesting requirement that would otherwise apply under the

21  defined benefit program of the Florida Retirement System.

22         c.  For members of the Special Risk Class and for

23  members of the Special Risk Administrative Support Class

24  entitled to retain special risk normal retirement date, the

25  benefit commencement age shall be the younger of the

26  following, but shall not be younger than the member's age as

27  of midnight on May 31, 2002:

28         (I)  Age 55; or

29         (II)  The age the member would attain if the member

30  completed 25 years of service with an employer, assuming the

31  member worked continuously from May 31, 2002, and disregarding

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  any vesting requirement that would otherwise apply under the

  2  defined benefit program of the Florida Retirement System.

  3         d.  The calculation shall disregard vesting

  4  requirements and early retirement reduction factors that would

  5  otherwise apply under the defined benefit retirement program.

  6         3.  For each participant who elects to transfer moneys

  7  from the defined benefit program to his or her account in the

  8  optional program, the division shall recompute the amount

  9  transferred under subparagraph 2. not later than 60 days after

10  the actual transfer of funds based upon the participant's

11  actual creditable service and actual final average

12  compensation as of the initial date of participation in the

13  optional program. If the recomputed amount differs from the

14  amount transferred under subparagraph 2. by $10 or more, the

15  division shall:

16         a.  Transfer, or cause to be transferred, from the

17  Florida Retirement System Trust Fund to the participant's

18  account in the optional program the excess, if any, of the

19  recomputed amount over the previously transferred amount

20  together with interest from the initial date of transfer to

21  the date of transfer under this subparagraph, based upon 8

22  percent effective annual interest, compounded annually.

23         b.  Transfer, or cause to be transferred, from the

24  participant's account to the Florida Retirement System Trust

25  Fund the excess, if any, of the previously transferred amount

26  over the recomputed amount, together with interest from the

27  initial date of transfer to the date of transfer under this

28  subparagraph, based upon 6 percent effective annual interest,

29  compounded annually, pro rata based on the participant's

30  allocation plan.

31         4.  As directed by the participant, the board shall

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  transfer or cause to be transferred the appropriate amounts to

  2  the designated accounts. The board shall establish transfer

  3  procedures by rule, but the actual transfer shall not be later

  4  than 30 days after the effective date of the member's

  5  participation in the optional program unless the major

  6  financial markets for securities available for a transfer are

  7  seriously disrupted by an unforeseen event which also causes

  8  the suspension of trading on any national securities exchange

  9  in the country where the securities were issued. In that

10  event, such 30-day period of time may be extended by a

11  resolution of the trustees. Transfers are not commissionable

12  or subject to other fees and may be in the form of securities

13  or cash as determined by the state board. Such securities

14  shall be valued as of the date of receipt in the participant's

15  account.

16         5.  If the board or the division receives notification

17  from the United States Internal Revenue Service that this

18  paragraph or any portion of this paragraph will cause the

19  retirement system, or a portion thereof, to be disqualified

20  for tax purposes under the Internal Revenue Code, then the

21  portion that will cause the disqualification does not apply.

22  Upon such notice, the state board and the division shall

23  notify the presiding officers of the Legislature.

24         (4)  PARTICIPATION; ENROLLMENT.--

25         (a)1.  With respect to an eligible employee who is

26  employed in a regularly established position on June 1, 2002,

27  by a state employer:

28         a.  Any such employee may elect to participate in the

29  Public Employee Optional Retirement Program in lieu of

30  retaining his or her membership in the defined benefit program

31  of the Florida Retirement System. The election must be made in

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  writing or by electronic means and must be filed with the

  2  third-party administrator by August 31 department and the

  3  personnel officer of the employer within 90 days after June 1,

  4  2002, or, in the case of an active employee who is on a leave

  5  of absence on April June 1, 2002, by August 31, 2002, or

  6  within 90 days after the conclusion of the leave of absence,

  7  whichever is later. This election is irrevocable, except as

  8  provided in paragraph (e). Upon making such election, the

  9  employee shall be enrolled as a participant of the Public

10  Employee Optional Retirement Program, the employee's

11  membership in the Florida Retirement System shall be governed

12  by the provisions of this part, and the employee's membership

13  in the defined benefit program of the Florida Retirement

14  System shall terminate. The employee's enrollment in the

15  Public Employee Optional Retirement Program shall be effective

16  the first day of the month for which a full month's employer

17  contribution is made to the optional program.

18         b.  Any such employee who fails to elect to participate

19  in the Public Employee Optional Retirement Program within the

20  prescribed time period 90 days is deemed to have elected to

21  retain membership in the defined benefit program of the

22  Florida Retirement System, and the employee's option to elect

23  to participate in the optional program is forfeited.

24         2.  With respect to employees who become eligible to

25  participate in the Public Employee Optional Retirement Program

26  by reason of employment in a regularly established position

27  with a state employer commencing after April June 1, 2002:

28         a.  Any such employee shall, by default, be enrolled in

29  the defined benefit retirement program of the Florida

30  Retirement System at the commencement of employment, and may,

31  by the end of the fifth month following the employee's month

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  of hire within 180 days after employment commences, elect to

  2  participate in the Public Employee Optional Retirement

  3  Program. The employee's election must be made in writing or by

  4  electronic means and must be filed with the third-party

  5  administrator personnel officer of the employer. The election

  6  to participate in the optional program is irrevocable, except

  7  as provided in paragraph (e).

  8         b.  If the employee files such election before the

  9  initial payroll is submitted for the employee, enrollment in

10  the Public Employee Optional Retirement Program shall be

11  effective on the first day of employment.

12         c.  If the employee files such election within the

13  prescribed time period 180 days after employment commences,

14  but after the initial payroll is submitted for the employee,

15  enrollment in the optional program shall be effective on the

16  first day of the month for which a full month's employer

17  contribution is made to the optional program.

18         d.  Any such employee who fails to elect to participate

19  in the Public Employee Optional Retirement Program within the

20  prescribed time period 180 days is deemed to have elected to

21  retain membership in the defined benefit program of the

22  Florida Retirement System, and the employee's option to elect

23  to participate in the optional program is forfeited.

24         3.  For purposes of this paragraph, "state employer"

25  means any agency, board, branch, commission, community

26  college, department, institution, institution of higher

27  education, or water management district of the state, which

28  participates in the Florida Retirement System for the benefit

29  of certain employees.

30         (b)1.  With respect to an eligible employee who is

31  employed in a regularly established position on September 1,

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  2002, by a district school board employer:

  2         a.  Any such employee may elect to participate in the

  3  Public Employee Optional Retirement Program in lieu of

  4  retaining his or her membership in the defined benefit program

  5  of the Florida Retirement System. The election must be made in

  6  writing or by electronic means and must be filed with the

  7  third-party administrator by November 30 department and the

  8  personnel officer of the employer within 90 days after

  9  September 1, 2002, or, in the case of an active employee who

10  is on a leave of absence on July September 1, 2002, by

11  November 30, 2002, or within 90 days after the conclusion of

12  the leave of absence, whichever is later. This election is

13  irrevocable, except as provided in paragraph (e). Upon making

14  such election, the employee shall be enrolled as a participant

15  of the Public Employee Optional Retirement Program, the

16  employee's membership in the Florida Retirement System shall

17  be governed by the provisions of this part, and the employee's

18  membership in the defined benefit program of the Florida

19  Retirement System shall terminate. The employee's enrollment

20  in the Public Employee Optional Retirement Program shall be

21  effective the first day of the month for which a full month's

22  employer contribution is made to the optional program.

23         b.  Any such employee who fails to elect to participate

24  in the Public Employee Optional Retirement Program within the

25  prescribed time period 90 days is deemed to have elected to

26  retain membership in the defined benefit program of the

27  Florida Retirement System, and the employee's option to elect

28  to participate in the optional program is forfeited.

29         2.  With respect to employees who become eligible to

30  participate in the Public Employee Optional Retirement Program

31  by reason of employment in a regularly established position

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  with a district school board employer commencing after July

  2  September 1, 2002:

  3         a.  Any such employee shall, by default, be enrolled in

  4  the defined benefit retirement program of the Florida

  5  Retirement System at the commencement of employment, and may,

  6  by the end of the fifth month following the employee's month

  7  of hire within 180 days after employment commences, elect to

  8  participate in the Public Employee Optional Retirement

  9  Program. The employee's election must be made in writing or by

10  electronic means and must be filed with the third-party

11  administrator personnel officer of the employer. The election

12  to participate in the optional program is irrevocable, except

13  as provided in paragraph (e).

14         b.  If the employee files such election before the

15  initial payroll is submitted for the employee, enrollment in

16  the Public Employee Optional Retirement Program shall be

17  effective on the first day of employment.

18         c.  If the employee files such election within the

19  prescribed time period 180 days after employment commences,

20  but after the initial payroll is submitted for the employee,

21  enrollment in the optional program shall be effective on the

22  first day of the month for which a full month's employer

23  contribution is made to the optional program.

24         d.  Any such employee who fails to elect to participate

25  in the Public Employee Optional Retirement Program within the

26  prescribed time period 180 days is deemed to have elected to

27  retain membership in the defined benefit program of the

28  Florida Retirement System, and the employee's option to elect

29  to participate in the optional program is forfeited.

30         3.  For purposes of this paragraph, "district school

31  board employer" means any district school board that

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  participates in the Florida Retirement System for the benefit

  2  of certain employees, or a charter school or charter technical

  3  career center that participates in the Florida Retirement

  4  System as provided in s. 121.051(2)(d).

  5         (c)1.  With respect to an eligible employee who is

  6  employed in a regularly established position on December 1,

  7  2002, by a local employer:

  8         a.  Any such employee may elect to participate in the

  9  Public Employee Optional Retirement Program in lieu of

10  retaining his or her membership in the defined benefit program

11  of the Florida Retirement System. The election must be made in

12  writing or by electronic means and must be filed with the

13  third-party administrator by February 28, 2003 department and

14  the personnel officer of the employer within 90 days after

15  December 1, 2002, or, in the case of an active employee who is

16  on a leave of absence on October December 1, 2002, by February

17  28, 2003, or within 90 days after the conclusion of the leave

18  of absence, whichever is later. This election is irrevocable.

19  Upon making such election, the employee shall be enrolled as a

20  participant of the Public Employee Optional Retirement

21  Program, the employee's membership in the Florida Retirement

22  System shall be governed by the provisions of this part, and

23  the employee's membership in the defined benefit program of

24  the Florida Retirement System shall terminate. The employee's

25  enrollment in the Public Employee Optional Retirement Program

26  shall be effective the first day of the month for which a full

27  month's employer contribution is made to the optional program.

28         b.  Any such employee who fails to elect to participate

29  in the Public Employee Optional Retirement Program within the

30  prescribed time period 90 days is deemed to have elected to

31  retain membership in the defined benefit program of the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  Florida Retirement System, and the employee's option to elect

  2  to participate in the optional program is forfeited.

  3         2.  With respect to employees who become eligible to

  4  participate in the Public Employee Optional Retirement Program

  5  by reason of employment in a regularly established position

  6  with a local employer commencing after October December 1,

  7  2002:

  8         a.  Any such employee shall, by default, be enrolled in

  9  the defined benefit retirement program of the Florida

10  Retirement System at the commencement of employment, and may,

11  by the end of the fifth month following the employee's month

12  of hire within 180 days after employment commences, elect to

13  participate in the Public Employee Optional Retirement

14  Program. The employee's election must be made in writing or by

15  electronic means and must be filed with the third-party

16  administrator personnel officer of the employer. The election

17  to participate in the optional program is irrevocable, except

18  as provided in paragraph (e).

19         b.  If the employee files such election before the

20  initial payroll is submitted for the employee, enrollment in

21  the Public Employee Optional Retirement Program shall be

22  effective on the first day of employment.

23         c.  If the employee files such election within the

24  prescribed time period 180 days after employment commences,

25  but after the initial payroll is submitted for the employee,

26  enrollment in the optional program shall be effective on the

27  first day of the month for which a full month's employer

28  contribution is made to the optional program.

29         d.  Any such employee who fails to elect to participate

30  in the Public Employee Optional Retirement Program within the

31  prescribed time period 180 days is deemed to have elected to

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  retain membership in the defined benefit program of the

  2  Florida Retirement System, and the employee's option to elect

  3  to participate in the optional program is forfeited.

  4         3.  For purposes of this paragraph, "local employer"

  5  means any employer not included in paragraph (a) or paragraph

  6  (b).

  7         (5)  CONTRIBUTIONS.--

  8         (c)  The Public Employee Optional Retirement Program

  9  may accept for deposit into participant accounts contributions

10  in the form of rollovers or direct trustee-to-trustee

11  transfers by or on behalf of participants, reasonably

12  determined by the board to be eligible for rollover or

13  transfer to the optional retirement program pursuant to the

14  Internal Revenue Code, if such contributions are made in

15  accordance with rules as may be adopted by the board. Such

16  contributions shall be accounted for in accordance with any

17  applicable Internal Revenue Code requirements and rules of the

18  board.

19         (6)  VESTING REQUIREMENTS.--

20         (a)1.  With respect to employer contributions paid on

21  behalf of the participant to the Public Employee Optional

22  Retirement Program, plus interest and earnings thereon and

23  less investment fees and administrative charges, a participant

24  shall be vested after completing 1 work year, as defined in s.

25  121.021(54), with an employer, including any service while the

26  participant was a member of the defined benefit retirement

27  program or an optional retirement program authorized under s.

28  121.051(2)(c) or s. 121.055(6).

29         2.  If the participant terminates employment prior to

30  satisfying the vesting requirements, the nonvested

31  accumulation shall be transferred from the participant's

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  accounts to the state board for deposit and investment by the

  2  board in the suspense account of the Public Employee Optional

  3  Retirement Program Trust Fund of the board. If the terminated

  4  participant is reemployed as an eligible employee within 5

  5  years, the state board shall transfer to the participant's

  6  account any amount of the moneys previously transferred from

  7  the participant's accounts to the suspense account of the

  8  Public Employee Optional Retirement Program Trust Fund, plus

  9  the actual earnings on such amount while in the suspense

10  account interest calculated at 3.0 percent per annum,

11  calculated from the date of transfer to the date of

12  reemployment.

13         (b)1.  A participant shall be vested in the amount

14  transferred from the defined benefit program, plus interest

15  and earnings thereon and less administrative charges and

16  investment fees, upon meeting the service requirements for the

17  participant's membership class as set forth in s. 121.021(29).

18  The third-party administrator shall account for such amounts

19  for each participant. The division shall notify the

20  participant and the third-party administrator when the

21  participant has satisfied the vesting period for Florida

22  Retirement System purposes.

23         2.  If the participant terminates employment prior to

24  satisfying the vesting requirements, the nonvested

25  accumulation shall be transferred from the participant's

26  accounts to the state board for deposit and investment by the

27  board in the suspense account of the Public Employee Optional

28  Retirement Program Trust Fund of the board. If the terminated

29  participant is reemployed as an eligible employee within 5

30  years, the state board shall transfer to the participant's

31  account any amount of the moneys previously transferred from

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  the participant's accounts to the suspense account of the

  2  Public Employee Optional Retirement Program Trust Fund, plus

  3  the actual earnings on such amount while in the suspense

  4  account interest calculated at 6.0 percent per annum,

  5  calculated from the date of transfer to the date of

  6  reemployment.

  7         (c)  Any nonvested accumulations transferred from a

  8  participant's account to the suspense account shall be

  9  forfeited by the participant if the participant is not

10  reemployed as an eligible employee within 5 years after

11  termination.

12         (7)  BENEFITS.--Under the Public Employee Optional

13  Retirement Program:

14         (c)  Benefits shall be payable in accordance with the

15  following terms and conditions:

16         1.  To the extent vested, benefits shall be payable

17  only to a participant, or to his or her beneficiaries as

18  designated by the participant. If a participant designates a

19  beneficiary who is not the participant's spouse, the

20  participant's spouse shall be notified. This requirement shall

21  not apply to the designation of a contingent beneficiary

22  designated to receive benefits hereunder in the event the

23  participant's spouse dies before such contingent beneficiary.

24         2.  Benefits shall be paid by the third-party

25  administrator or designated approved providers in accordance

26  with the law, the contracts, and any applicable board rule or

27  policy.

28         3.  To begin receiving the benefits, the participant

29  must be terminated from all employment with all Florida

30  Retirement System employers, as provided in s. 121.021(39), or

31  the participant must be deceased. If a participant elects to

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  receive his or her benefits upon termination of employment,

  2  the participant must submit a written application to the

  3  third-party administrator indicating his or her preferred

  4  distribution date and selecting an authorized method of

  5  distribution as provided in paragraph (d). The participant may

  6  defer receipt of benefits until he or she chooses to make such

  7  application, subject to federal requirements.

  8         4.  In the event of a participant's death, moneys

  9  accumulated by, or on behalf of, the participant, less

10  withholding taxes remitted to the Internal Revenue Service,

11  shall be distributed to the participant's designated

12  beneficiary or beneficiaries, or to the participant's estate,

13  as if the participant retired on the date of death, as

14  provided in paragraph (e). No other death benefits shall be

15  available for survivors of participants under the Public

16  Employee Optional Retirement Program, except for such

17  benefits, or coverage for such benefits, as are separately

18  afforded by the employer, at the employer's discretion.

19         (e)  Survivor benefits shall be payable as:

20         1.  A lump-sum distribution payable to the

21  beneficiaries, or to the deceased participant's estate;

22         2.  An eligible rollover distribution on behalf of the

23  surviving spouse of a deceased participant, whereby all

24  accrued benefits, plus interest and investment earnings, are

25  paid from the deceased participant's account directly to the

26  custodian of an eligible retirement plan individual retirement

27  account or an individual retirement annuity, as described in

28  s. 402(c)(8)(B)(9) of the Internal Revenue Code, on behalf of

29  the surviving spouse; or

30         3.  A partial lump-sum payment whereby a portion of the

31  accrued benefit is paid to the deceased participant's

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  surviving spouse or other designated beneficiaries, less

  2  withholding taxes remitted to the Internal Revenue Service,

  3  and the remaining amount is transferred directly to the

  4  custodian of an individual retirement account or an individual

  5  retirement annuity, as described in s. 402(c)(9) of the

  6  Internal Revenue Code, on behalf of the surviving spouse. The

  7  proportions must be specified by the participant or the

  8  surviving beneficiary.

  9

10  This paragraph does not abrogate other applicable provisions

11  of state or federal law providing for payment of death

12  benefits.

13         (8)  ADMINISTRATION OF PROGRAM.--

14         (a)  The Public Employee Optional Retirement Program

15  shall be administered by the state board and affected

16  employers. The board is authorized to require oaths, by

17  affidavit or otherwise, and acknowledgments from persons in

18  connection with the administration of its duties and

19  responsibilities under this chapter. No oath, by affidavit or

20  otherwise, shall be required of an employee participant at the

21  time of election. Acknowledgement of an employee's election to

22  participate in the program shall be no greater than necessary

23  to confirm the employee's election. The board shall adopt

24  rules establishing the role and responsibilities of affected

25  state, local government, and education-related employers, the

26  state board, the department, and third-party contractors in

27  administering the Public Employee Optional Retirement Program.

28  The department shall adopt rules necessary to implement the

29  optional program in coordination with the defined benefit

30  retirement program and the disability benefits available under

31  the optional program.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1         Section 2.  Paragraph (g) of subsection (2), paragraph

  2  (g) of subsection (3), and paragraph (h) of subsection (4) of

  3  section 110.123, Florida Statutes, are amended to read:

  4         110.123  State group insurance program.--

  5         (2)  DEFINITIONS.--As used in this section, the term:

  6         (g)  "Retired state officer or employee" or "retiree"

  7  means any state officer or state employee who retires under a

  8  state retirement system or a state optional annuity or

  9  retirement program or is placed on disability retirement, and

10  who was insured under the state group insurance program at the

11  time of retirement, and who begins receiving retirement

12  benefits immediately after retirement from state office or

13  employment. In addition to these requirements, any state

14  officer or state employee who retires under the Public

15  Employee Optional Retirement Program established under part II

16  of chapter 121 shall be considered a "retired state officer or

17  employee" or "retiree" as used in this section if he or she:

18         1.  Meets the age and service requirements to qualify

19  for normal retirement as set forth in s. 121.021(29); or

20         2.  Has attained the age specified by s. 72(t)(2)(A)(i)

21  of the Internal Revenue Code and has 6 years of creditable

22  service.

23         (3)  STATE GROUP INSURANCE PROGRAM.--

24         (g)  Participation by individuals in the program shall

25  be available to all state officers, full-time state employees,

26  and part-time state employees; and such participation in the

27  program or any plan thereof shall be voluntary. Participation

28  in the program shall also be available to retired state

29  officers and employees, as defined in paragraph (2)(g), who

30  elect at the time of retirement to continue coverage under the

31  program, but they may elect to continue all or only part of

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  the coverage they had at the time of retirement. A surviving

  2  spouse may elect to continue coverage only under the state

  3  group health insurance plan or a health maintenance

  4  organization plan.

  5         (4)  PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE;

  6  LIMITATION ON ACTIONS TO PAY AND COLLECT PREMIUMS.--

  7         (h)  State employees may participate in the state group

  8  health insurance plan at the time of receiving their state

  9  retirement benefits.

10         Section 3.  Paragraphs (j) and (q) of subsection (2) of

11  section 110.205, Florida Statutes, are amended to read:

12         110.205  Career service; exemptions.--

13         (2)  EXEMPT POSITIONS.--The exempt positions that are

14  not covered by this part include the following:

15         (j)  The appointed secretaries, assistant secretaries,

16  deputy secretaries, and deputy assistant secretaries of all

17  departments; the executive directors, assistant executive

18  directors, deputy executive directors, and deputy assistant

19  executive directors of all departments; and the directors of

20  all divisions and those positions determined by the department

21  to have managerial responsibilities comparable to such

22  positions, which positions include, but are not limited to,

23  program directors, assistant program directors, district

24  administrators, deputy district administrators, the Director

25  of Central Operations Services of the Department of Children

26  and Family Services, and the State Transportation Planner,

27  State Highway Engineer, State Public Transportation

28  Administrator, district secretaries, district directors of

29  planning and programming, production, and operations, and the

30  managers of the offices specified in s. 20.23(3)(d)2., of the

31  Department of Transportation.  Unless otherwise fixed by law,

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  the department shall set the salary and benefits of these

  2  positions in accordance with the rules of the Senior

  3  Management Service; and the county health department directors

  4  and county health department administrators of the Department

  5  of Health.

  6         (q)  The staff directors, assistant staff directors,

  7  district program managers, district program coordinators,

  8  district subdistrict administrators, district administrative

  9  services directors, district attorneys, and the Deputy

10  Director of Central Operations Services of the Department of

11  Children and Family Services and the county health department

12  directors and county health department administrators of the

13  Department of Health. Unless otherwise fixed by law, the

14  department shall establish the salary range and benefits for

15  these positions in accordance with the rules of the Selected

16  Exempt Service.

17         Section 4.  Paragraph (d) of subsection (2) and

18  subsection (7) of section 121.052, Florida Statutes, as

19  amended by chapter 2001-262, Laws of Florida, are amended to

20  read:

21         121.052  Membership class of elected officers.--

22         (2)  MEMBERSHIP.--The following holders of elective

23  office, hereinafter referred to as "elected officers," whether

24  assuming elective office by election, reelection, or

25  appointment, are members of the Elected Officers' Class,

26  except as provided in subsection (3):

27         (d)  Any constitutional county elected officer assuming

28  office on or after July 1, 1981, including any sheriff, tax

29  collector, property appraiser, supervisor of elections, clerk

30  of the circuit court, county commissioner, school board

31  member, or elected school board superintendent, or any elected

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  officer of any entity with countywide jurisdiction assuming

  2  office on or after July 1, 1981, who, pursuant to general or

  3  special law, exercises powers and duties that, but for such

  4  general or special law, would be exercised by any of the

  5  constitutional county elected officers set forth in this

  6  paragraph, including the sheriff and clerk of the circuit

  7  court in a consolidated government with countywide

  8  jurisdiction unless such sheriff or clerk elected to continue

  9  to participate in a local retirement system.

10         (7)  CONTRIBUTIONS.--

11         (a)  The following table states the required retirement

12  contribution rates for members of the Elected Officers' Class

13  and their employers in terms of a percentage of the member's

14  gross compensation. A change in a contribution rate is

15  effective with the first salary paid on or after the beginning

16  date of the change. Contributions shall be made or deducted as

17  may be appropriate for each pay period and are in addition to

18  the contributions required for social security and the Retiree

19  Health Insurance Subsidy Trust Fund.

20

21  Dates of Contribution

22    Rate Changes                             Members   Employers

23  Effective July 1, 2001

24    Legislators                                 0%       15.14%

25    Governor, Lt. Governor, Cabinet

26    Officers                                    0%       15.14%

27    State Attorneys, Public Defenders           0%       15.14%

28    Justices, Judges                            0%       20.61%

29    County Elected Officers                     0%       17.61%

30

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

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  Elected Officers' Class shall contribute an amount as

  2  specified in this subsection which shall constitute the entire

  3  employer retirement contribution with respect to such member.

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

  5  contribution of the member required for social security

  6  coverage.

  7         (c)  The following table states the required employer

  8  contribution on behalf of each member of the Elected Officers'

  9  Class in terms of a percentage of the member's gross

10  compensation. Such contribution constitutes the entire health

11  insurance subsidy contribution with respect to the member. A

12  change in the contribution rate is effective with the first

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

14  retiree health insurance subsidy contribution rate is as

15  follows:

16

17  Dates of Contribution                             Contribution

18    Rate Changes                                        Rate

19

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

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

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

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

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

25  Effective July 1, 2001                                 1.11%

26

27  Such contributions and accompanying payroll data are due and

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

29  immediately following the month during which the payroll

30  period ended and shall be deposited by the administrator in

31  the Retiree Health Insurance Subsidy Trust Fund.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1         Section 5.  Paragraph (h) of subsection (1), subsection

  2  (3), paragraph (d) of subsection (4), and paragraph (c) of

  3  subsection (6) of section 121.055, Florida Statutes, as

  4  amended by chapter 2001-262, Laws of Florida, are amended to

  5  read:

  6         121.055  Senior Management Service Class.--There is

  7  hereby established a separate class of membership within the

  8  Florida Retirement System to be known as the "Senior

  9  Management Service Class," which shall become effective

10  February 1, 1987.

11         (1)

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

13  January 1, 1994, participation in the Senior Management

14  Service Class shall be compulsory for the State Courts

15  Administrator and the Deputy State Courts Administrators, the

16  Clerk of the Supreme Court, the Marshal of the Supreme Court,

17  the Executive Director of the Justice Administrative

18  Commission, the Capital Collateral Regional Counsels, the

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

20  district courts of appeals, and the trial court administrator

21  and the Chief Deputy Court Administrator in each judicial

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

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

24  judicial circuit may be designated for inclusion in the Senior

25  Management Service Class of the Florida Retirement System,

26  provided that:

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

28  designated by the state attorney or public defender, as

29  appropriate.  Notice of intent to designate positions for

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

31  consecutive weeks in a newspaper of general circulation

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





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

  2  chapter 50.

  3         b.  One nonelective full-time position may be

  4  designated for each state attorney and public defender

  5  reporting to the Department of Management Services; for

  6  agencies with 200 or more regularly established positions

  7  under the state attorney or public defender, additional

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

  9  exceed 0.5 percent of the regularly established positions

10  within the agency.

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

12  managerial or policymaking position filled by an employee who

13  serves at the pleasure of the state attorney or public

14  defender without civil service protection, and who:

15         (I)  Heads an organizational unit; or

16         (II)  Has responsibility to effect or recommend

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

18  her areas of responsibility.

19         2.  Participation in this class shall be compulsory,

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

21  employee who holds a position designated for coverage in the

22  Senior Management Service Class, and such participation shall

23  continue until the employee terminates employment in a covered

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

25  class is compulsory for assistant state attorneys, assistant

26  statewide prosecutors, assistant public defenders, and

27  assistant capital collateral regional counsels. Effective

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

29  assistant attorneys general.

30         3.  In lieu of participation in the Senior Management

31  Service Class, such members, excluding assistant state

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  attorneys, assistant public defenders, assistant statewide

  2  prosecutors, assistant attorneys general, and assistant

  3  capital collateral regional counsels, may participate in the

  4  Senior Management Service Optional Annuity Program as

  5  established in subsection (6).

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

  7  retirement contribution rates for members of the Senior

  8  Management Service Class and their employers in terms of a

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

10  contribution rate is effective with the first salary paid on

11  or after the beginning date of the change.  Contributions

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

13  contributions required for social security and the Retiree

14  Health Insurance Subsidy Trust Fund.

15

16  Dates of Contribution

17    Rate Changes                          Members   Employers

18  Effective July 1, 2001                    0%       11.73%

19

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

21  Senior Management Service Class shall contribute an amount as

22  specified in this section which shall constitute the entire

23  employer retirement contribution with respect to such member.

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

25  contribution of the member required for social security

26  coverage.

27         (c)  The following table states the required employer

28  contribution on behalf of each member of the Senior Management

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

30  compensation.  Such contribution constitutes the entire health

31  insurance subsidy contribution with respect to the member. A

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  change in the contribution rate is effective with the first

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

  3  retiree health insurance subsidy contribution rate is as

  4  follows:

  5

  6  Dates of Contribution                             Contribution

  7    Rate Changes                                        Rate

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

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

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

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

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

13  Effective July 1, 2001                                 1.11%

14

15  Such contributions and accompanying payroll data are due and

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

17  immediately following the month during which the payroll

18  period ended and shall be deposited by the administrator in

19  the Retiree Health Insurance Subsidy Trust Fund.

20         (6)

21         (c)  Participation.--

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

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

24  annuity program in lieu of participation in the Senior

25  Management Service Class.  Such election shall be made in

26  writing and filed with the department and the personnel

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

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

29  1987, and who fails to make an election to participate in the

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

31  have elected membership in the Senior Management Service

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  Class.

  2         2.  Any employee who becomes eligible to participate in

  3  the optional annuity program by reason of initial employment

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

  5  the date of commencement of employment, elect to participate

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

  7  in writing and filed with the personnel officer of the

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

  9  after commencement of such employment elect to participate in

10  the optional annuity program shall be deemed to have elected

11  membership in the Senior Management Service Class.

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

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

14  existing retirement system or the Special Risk or Special Risk

15  Administrative Support Classes of the Florida Retirement

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

17  participation in the Senior Management Service Class or

18  optional annuity program. Such election shall be made in

19  writing and filed with the department and the personnel

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

21  Any eligible employee who fails to make an election to

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

23  the Florida Retirement System, the Special Risk Administrative

24  Support Class of the Florida Retirement System, or the

25  optional annuity program shall be deemed to have elected

26  membership in the Senior Management Service Class.

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

28  employee's election to participate in the optional annuity

29  program is irrevocable as long as such employee continues to

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

31  eligibility requirements set forth in this paragraph.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





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

  2  2002, any active employee in a regularly established position

  3  who has elected to participate in the Senior Management

  4  Service Optional Annuity Program has one opportunity to choose

  5  to move from the Senior Management Service Optional Annuity

  6  Program to the Florida Retirement System defined benefit

  7  program.

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

  9  filed with the department and the personnel officer of the

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

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

12  90 days after the conclusion of the leave of absence. This

13  election is irrevocable.

14         b.  The employee will receive service credit under the

15  defined benefit program of the Florida Retirement System equal

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

17  Service Optional Annuity Program. The cost for such credit

18  shall be an amount representing the present value of that

19  employee's accumulated benefit obligation for the affected

20  period of service.

21         c.  The employee must transfer the total accumulated

22  employer contributions and earnings on deposit in his or her

23  Senior Management Service Optional Annuity Program account. If

24  the transferred amount is not sufficient to pay the amount

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

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

27  employer contributions or earnings thereon from the Senior

28  Management Service Optional Annuity Program account.

29         Section 6.  Subsection (5) of section 121.071, Florida

30  Statutes, as amended by chapter 2001-262, Laws of Florida, is

31  amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1         121.071  Contributions.--Contributions to the system

  2  shall be made as follows:

  3         (5)  Contributions made in accordance with subsections

  4  (1), (2), (3), and (4) shall be paid by the employer into the

  5  system trust funds in accordance with rules adopted by the

  6  administrator pursuant to chapter 120, except as may be

  7  otherwise specified herein.

  8         (a)1.  Effective October 1, 1978, such contributions

  9  are due and payable no later than the 25th day of the month

10  immediately following the month during which the payroll

11  period ended. The department may, by rule, establish a

12  different due date, which shall supersede the date specified

13  herein; however, such due date may not be established earlier

14  than the 20th day of the month immediately following the month

15  during which the payroll period ended.

16         2.  Effective July 1, 2002, contributions paid under

17  subsections (1) and (4) and accompanying payroll data are due

18  and payable no later than the 5th working day of the month

19  immediately following the month during which the payroll

20  period ended. Effective January 1, 1984, contributions made in

21  accordance with subsection (3) shall be paid by the employer

22  into the system trust fund in accordance with rules adopted by

23  the administrator pursuant to chapter 120.  For any payroll

24  period ending any day of the month before the 16th day of the

25  month, such contributions are due and payable no later than

26  the 20th day of the month; and, for any payroll periods ending

27  any day of the month after the 15th day of the month, such

28  contributions are due and payable no later than the 5th day of

29  the next month.

30         (b)  Contributions received in the offices of the

31  department after the prescribed date shall be considered

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  delinquent unless, in the opinion of the department,

  2  exceptional circumstances beyond an employer's control

  3  prevented remittance by the prescribed due date

  4  notwithstanding such employer's good faith efforts to effect

  5  delivery; and, with respect to retirement contributions due

  6  under subsections (1) and (4), each employer shall be assessed

  7  a delinquent fee of 1 percent of the contributions due for

  8  each calendar month or part thereof that the contributions are

  9  delinquent. Such a waiver of the delinquency fee by the

10  department may be granted an employer only one time each

11  fiscal year. Delinquent social security contributions shall be

12  assessed a delinquent fee as authorized by s. 650.05(4).  The

13  delinquent fee assessable for an employer's first delinquency

14  after July 1, 1984, shall be as specified in s. 650.05(4),

15  and, beginning with the second delinquency in any fiscal year

16  by the employer subsequent to July 1, 1984, all subsequent

17  delinquency fees shall be assessed against the employer at

18  twice the applicable percentage rate specified in s.

19  650.05(4).

20         Section 7.  Section 121.35, Florida Statutes, is

21  amended to read:

22         121.35  Optional retirement program for the State

23  University System.--

24         (1)  OPTIONAL RETIREMENT PROGRAM ESTABLISHED.--The

25  Department of Management Services shall establish an optional

26  retirement program under which contracts providing retirement

27  and death benefits may be purchased for eligible members of

28  the State University System who elect to participate in the

29  program. The benefits to be provided for or on behalf of

30  participants in such optional retirement program shall be

31  provided through individual contracts or individual

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  certificates issued for group annuity or other contracts,

  2  which may be fixed, variable, or a combination thereof, in

  3  accordance with s. 403(b) of the Internal Revenue Code. Any

  4  individual contract or certificate shall state the annuity

  5  plan on its face page, and shall include, but not be limited

  6  to, a statement of ownership, the contract benefits, annuity

  7  income options, limitations, expense charges, and surrender

  8  charges, if any. The state shall contribute, as provided in

  9  this section, toward the purchase of such optional benefits.

10         (2)  ELIGIBILITY FOR PARTICIPATION IN OPTIONAL

11  PROGRAM.--

12         (a)  Participation in the optional retirement program

13  provided by this section shall be limited to persons who are

14  otherwise eligible for membership in the Florida Retirement

15  System; who are employed or appointed for no less than one

16  academic year; and who are employed in one of the following

17  State University System positions:

18         1.  Positions classified as instructional and research

19  faculty which are exempt from the career service under the

20  provisions of s. 110.205(2)(d).

21         2.  Positions classified as administrative and

22  professional which are exempt from the career service under

23  the provisions of s. 110.205(2)(d).

24         3.  The Chancellor and the university presidents.

25         (b)  For purposes of this section, both the appointees

26  and employees are referred to as "employees," and the

27  "employer" of an appointee or employee is the individual

28  institution within the State University System or the State

29  Board of Education Regents, whichever is appropriate with

30  respect to the particular employee or appointee.

31         (c)  For purposes of this section, the Department of

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  Management Services is referred to as the "department."

  2         (d)  For purposes of this section, the authority

  3  granted to the State Board of Education Regents may be

  4  exercised by the board or by the Chancellor of the Division of

  5  Colleges and Universities State University System.

  6         (3)  ELECTION OF OPTIONAL PROGRAM.--

  7         (a)  Any eligible employee who is employed on or before

  8  March 1, 1984, may elect to participate in the optional

  9  retirement program in lieu of participation in the Florida

10  Retirement System. Such election shall be made in writing and

11  filed with the division and the personnel officer of the

12  employer on or before June 1, 1984.  Upon such election,

13  participation in the optional program will take effect July 1,

14  1984, and election to so participate will terminate the

15  membership of the employee in the Florida Retirement System.

16  Any eligible employee who is employed on or before March 1,

17  1984, and who fails to make an election to participate in the

18  optional program by June 1, 1984, shall be deemed to have

19  elected to retain membership in the Florida Retirement System.

20         (b)1.  Any employee who becomes eligible to participate

21  in the optional retirement program by reason of initial

22  employment commencing after March 1, 1984, but before January

23  1, 1993, may, within 90 days after the date of commencement of

24  employment, elect to participate in the optional program. Such

25  election shall be made in writing and filed with the personnel

26  officer of the employer.  The eligible employees described in

27  this subparagraph shall be enrolled in the Florida Retirement

28  System at the commencement of employment, with the exception

29  of those employees who file an election with the personnel

30  officer of the employer prior to the submission of the initial

31  payroll for the employee. For such employees, participation

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  will be effective on the first day of employment or on July 1,

  2  1984, whichever is later.  If an eligible employee, as

  3  described in this subparagraph, files an election to

  4  participate in the optional program within 90 days after the

  5  commencement of employment, but after the submission by the

  6  employer of the initial payroll for the employee, the

  7  employee's participation in the optional program will not be

  8  effective until the first day of the month for which a full

  9  month's employer contribution may be made, or until July 1,

10  1984, whichever is later. Any eligible employee who does not

11  within 90 days after commencement of such employment elect to

12  participate in the optional program shall be deemed to have

13  elected to retain membership in the Florida Retirement System.

14         2.  Any employee who after March 1, 1984, but before

15  January 1, 1993, becomes eligible to participate in the

16  optional program by reason of a change in status due to the

17  subsequent designation of the employee's position as one of

18  those specified in paragraph (2)(a) or due to the employee's

19  appointment, promotion, transfer, or reclassification to a

20  position specified in paragraph (2)(a) may elect to

21  participate in the optional program.  Such employee shall be

22  notified by the employer of the change in his or her

23  eligibility status. Such employee may, within 90 days after

24  the date of such notification, file with the personnel officer

25  of the employer an election in writing to participate in the

26  optional program in lieu of participation in the Florida

27  Retirement System. Upon such election, participation in the

28  optional program will be effective on the first day of the

29  month for which a full month's employer contribution may be

30  made or on July 1, 1984, whichever is later. Election to so

31  participate shall terminate the membership of the employee in

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  the Florida Retirement System.  Any eligible employee who does

  2  not within 90 days after notification of his or her

  3  eligibility to participate in the optional program elect to

  4  participate in the program shall be deemed to have elected to

  5  retain membership in the Florida Retirement System.

  6         (c)  Any employee who becomes eligible to participate

  7  in the optional retirement program on or after January 1,

  8  1993, shall be a compulsory participant of the program unless

  9  such employee elects membership in the Florida Retirement

10  System.  Such election shall be made in writing and filed with

11  the personnel officer of the employer.  Any eligible employee

12  who fails to make such election within the prescribed time

13  period shall be deemed to have elected to participate in the

14  optional retirement program.

15         1.  Any employee whose optional retirement program

16  eligibility results from initial employment shall be enrolled

17  in the program at the commencement of employment.  If, within

18  90 days after commencement of employment, the employee elects

19  membership in the Florida Retirement System, such membership

20  shall be effective retroactive to the date of commencement of

21  employment.

22         2.  Any employee whose optional retirement program

23  eligibility results from a change in status due to the

24  subsequent designation of the employee's position as one of

25  those specified in paragraph (2)(a) or due to the employee's

26  appointment, promotion, transfer, or reclassification to a

27  position specified in paragraph (2)(a) shall be enrolled in

28  the optional retirement program upon such change in status and

29  shall be notified by the employer of such action.  If, within

30  90 days after the date of such notification, the employee

31  elects to retain membership in the Florida Retirement System,

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  such continuation of membership shall be retroactive to the

  2  date of the change in status.

  3         3.  Notwithstanding the provisions of this paragraph,

  4  effective July 1, 1997, any employee who is eligible to

  5  participate in the Optional Retirement Program and who fails

  6  to execute a an annuity contract with one of the approved

  7  companies and to notify the department in writing as provided

  8  in subsection (4) within 90 days after of the date of

  9  eligibility shall be deemed to have elected membership in the

10  Florida Retirement System, except as provided in s.

11  121.051(1)(a). This provision shall also apply to any employee

12  who terminates employment in an eligible position before

13  executing the required annuity contract and notifying the

14  department. Such membership shall be retroactive to the date

15  of eligibility, and all appropriate contributions shall be

16  transferred to the Florida Retirement System Trust Fund and

17  the Health Insurance Subsidy Trust Fund.

18         (d)  Participants shall be fully and immediately vested

19  in the optional retirement program only upon execution of a an

20  annuity contract.

21         (e)  The election by an eligible employee to

22  participate in the optional retirement program shall be

23  irrevocable for so long as the employee continues to meet the

24  eligibility requirements specified in subsection (2), except

25  as provided in paragraph (h). In the event that an employee

26  participates in the optional retirement program for 90 days or

27  more and is subsequently employed in an administrative or

28  professional position which has been determined by the

29  department, under subparagraph (2)(a)2., to be not otherwise

30  eligible for participation in the optional retirement program,

31  the employee shall continue participation in the optional

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  program so long as the employee meets the other eligibility

  2  requirements for the program, except as provided in paragraph

  3  (h).

  4         (f)  If an employee becomes ineligible to continue

  5  participation in the optional retirement program under

  6  subsection (2), the employee shall thereafter participate in

  7  the Florida Retirement System if he or she is otherwise

  8  eligible.

  9         (g)  An eligible employee who is a member of the

10  Florida Retirement System at the time of election to

11  participate in the optional retirement program shall retain

12  all retirement service credit earned under the Florida

13  Retirement System, at the rate earned.  No additional service

14  credit in the Florida Retirement System shall be earned while

15  the employee participates in the optional program, nor shall

16  the employee be eligible for disability retirement under the

17  Florida Retirement System.

18         (h)  A participant in the optional retirement program

19  may not participate in more than one state-administered

20  retirement system, plan, or class simultaneously.  Except as

21  provided in s. 121.052(6)(d), a participant who is or becomes

22  dually employed in two or more positions covered by the

23  Florida Retirement System, one of which is eligible for the

24  optional program and one of which is not, may remain a member

25  of the optional program and contributions shall be paid as

26  required only on the salary earned in the position eligible

27  for the optional program during such period of dual

28  employment; or, within 90 days after becoming dually employed,

29  he or she may elect membership in the Regular Class of the

30  Florida Retirement System in lieu of the optional program and

31  contributions shall be paid as required on the total salary

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  received for all employment. At retirement, the average final

  2  compensation used to calculate any benefits for which the

  3  member becomes eligible under the Florida Retirement System

  4  shall be based on all salary reported for both positions

  5  during such period of dual employment.  When such member

  6  ceases to be dually employed, he or she may, within 90 days,

  7  elect to remain in the Florida Retirement System class for

  8  which he or she is eligible or to again become a participant

  9  in the optional retirement program.  Failure to elect

10  membership in the optional program within 90 days shall result

11  in compulsory membership in the Florida Retirement System,

12  except that a member filling a faculty position under a

13  faculty practice plan at the University of Florida or the

14  Medical Center at the University of South Florida shall again

15  participate in the optional retirement program as required in

16  s. 121.051(1)(a).

17         (4)  CONTRIBUTIONS.--

18         (a)  Through June 30, 2001, each employer shall

19  contribute on behalf of each participant in the optional

20  retirement program an amount equal to the normal cost portion

21  of the employer retirement contribution which would be

22  required if the participant were a regular member of the

23  Florida Retirement System defined benefit program, plus the

24  portion of the contribution rate required in s. 112.363(8)

25  that would otherwise be assigned to the Retiree Health

26  Insurance Subsidy Trust Fund. Effective July 1, 2001, each

27  employer shall contribute on behalf of each participant in the

28  optional program an amount equal to 10.43 percent of the

29  participant's gross monthly compensation. The department shall

30  deduct an amount approved by the Legislature to provide for

31  the administration of this program. The payment of the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  contributions to the optional program which is required by

  2  this paragraph for each participant shall be made by the

  3  employer to the department, which shall forward the

  4  contributions to the designated company or companies

  5  contracting for payment of benefits for the participant under

  6  the program. However, such contributions paid on behalf of an

  7  employee described in paragraph (3)(c) shall not be forwarded

  8  to a company and shall not begin to accrue interest until the

  9  employee has executed an annuity contract and notified the

10  department.

11         (b)  Each employer shall contribute on behalf of each

12  participant in the optional retirement program an amount equal

13  to the unfunded actuarial accrued liability portion of the

14  employer contribution which would be required for members of

15  the Florida Retirement System.  This contribution shall be

16  paid to the department for transfer to the Florida Retirement

17  System Trust Fund.

18         (c)  An Optional Retirement Program Trust Fund shall be

19  established in the State Treasury and administered by the

20  department to make payments to the provider companies on

21  behalf of the optional retirement program participants, and to

22  transfer the unfunded liability portion of the state optional

23  retirement program contributions to the Florida Retirement

24  System Trust Fund.

25         (d)  Contributions required for social security by each

26  employer and each participant, in the amount required for

27  social security coverage as now or hereafter may be provided

28  by the federal Social Security Act, shall be maintained for

29  each participant in the optional retirement program and shall

30  be in addition to the retirement contributions specified in

31  this subsection.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1         (e)  Each participant in the optional retirement

  2  program who has executed a an annuity contract may contribute

  3  by way of salary reduction or deduction a percentage amount of

  4  the participant's gross compensation not to exceed the

  5  percentage amount contributed by the employer to the optional

  6  program, but in no case may such contribution exceed federal

  7  limitations. Payment of the participant's contributions shall

  8  be made by the financial officer of the employer to the

  9  division which shall forward the contributions to the

10  designated company or companies contracting for payment of

11  benefits for the participant under the program. A participant

12  may not make, through salary reduction, any voluntary employee

13  contributions to any other plan under s. 403(b) of the

14  Internal Revenue Code, with the exception of a custodial

15  account under s. 403(b)(7) of the Internal Revenue Code, until

16  he or she has made an employee contribution to his or her

17  optional program equal to the employer contribution. A

18  participant is responsible for monitoring his or her

19  individual tax-deferred income to ensure he or she does not

20  exceed the maximum deferral amounts permitted under the

21  Internal Revenue Code.

22         (f)  The Optional Retirement Trust Fund may accept for

23  deposit into participant contracts contributions in the form

24  of rollovers or direct trustee-to-trustee transfers by or on

25  behalf of participants who are reasonably determined by the

26  department to be eligible for rollover or transfer to the

27  optional retirement program pursuant to the Internal Revenue

28  Code, if such contributions are made in accordance with rules

29  adopted by the department. Such contributions shall be

30  accounted for in accordance with any applicable requirements

31  of the Internal Revenue Code and rules of the department.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1         (5)  BENEFITS.--

  2         (a)  Benefits shall be payable under the optional

  3  retirement program only to vested participants in the program,

  4  or their beneficiaries as designated by the participant in the

  5  contract with a provider company, and such benefits shall be

  6  paid only by the designated company in accordance with s.

  7  403(b) of the Internal Revenue Code and in accordance with the

  8  terms of the annuity contract or contracts applicable to the

  9  participant. Benefits shall accrue in individual accounts that

10  are participant-directed, portable, and funded by employer

11  contributions and the earnings thereon. The participant must

12  be terminated from all employment with all Florida Retirement

13  System employers, as provided in s. 121.021(39), to begin

14  receiving the employer-funded benefit. Benefits funded by

15  employer contributions shall be payable in accordance with the

16  following terms and conditions only as a lifetime annuity to

17  the participant, his or her beneficiary, or his or her estate,

18  except for:

19         1.  Benefits shall be payable only to a participant, to

20  his or her beneficiaries, or to his or her estate, as

21  designated by the participant.

22         2.  Benefits shall be paid by the provider company or

23  companies in accordance with the law, the provisions of the

24  contract, and any applicable board rule or policy.

25         3.  In the event of a participant's death, moneys

26  accumulated by, or on behalf of, the participant, less

27  withholding taxes remitted to the Internal Revenue Service, if

28  any, shall be distributed to the participant's designated

29  beneficiary or beneficiaries, or to the participant's estate,

30  as if the participant retired on the date of death, as

31  provided in paragraph (c). No other death benefits shall be

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  available for survivors of participants under the optional

  2  retirement program except for such benefits, or coverage for

  3  such benefits, as are separately afforded by the employer, at

  4  the employer's discretion.

  5         (b)  Upon receipt by the provider company of a properly

  6  executed application for distribution of benefits, the total

  7  accumulated benefit shall be payable to the participant, as:

  8         1.  A lump-sum distribution to the participant;

  9         2.  A lump-sum direct rollover distribution whereby all

10  accrued benefits, plus interest and investment earnings, are

11  paid from the participant's account directly to an eligible

12  retirement plan, as defined in s. 402(c)(8)(B) of the Internal

13  Revenue Code, on behalf of the participant;

14         3.  Periodic distributions;

15         4.  A partial lump-sum payment whereby a portion of the

16  accrued benefit is paid to the participant and the remaining

17  amount is transferred to an eligible retirement plan, as

18  defined in s. 402(c)(8)(B) of the Internal Revenue Code, on

19  behalf of the participant; or

20         5.  Such other distribution options as are provided for

21  in the participant's optional retirement program contract.

22         (c)  Survivor benefits shall be payable as:

23         1.  A lump-sum distribution payable to the

24  beneficiaries or to the deceased participant's estate;

25         2.  An eligible rollover distribution on behalf of the

26  surviving spouse of a deceased participant, whereby all

27  accrued benefits, plus interest and investment earnings, are

28  paid from the deceased participant's account directly to an

29  eligible retirement plan, as described in s. 402(c)(8)(B) of

30  the Internal Revenue Code, on behalf of the surviving spouse;

31         3.  Such other distribution options as are provided for

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  in the participant's optional retirement program contract; or

  2         4.  A partial lump-sum payment whereby a portion of the

  3  accrued benefit is paid to the deceased participant's

  4  surviving spouse or other designated beneficiaries, less

  5  withholding taxes remitted to the Internal Revenue Service, if

  6  any, and the remaining amount is transferred directly to an

  7  eligible retirement plan, as described in s.402(c)(8)(B) of

  8  the Internal Revenue Code, on behalf of the surviving spouse.

  9  The proportions must be specified by the participant or the

10  surviving beneficiary.

11

12  This paragraph does not abrogate other applicable provisions

13  of state or federal law providing payment of death benefits.

14         1.  A lump-sum payment to the beneficiary upon the

15  death of the participant; or

16         2.  A cash-out of a de minimis account upon the request

17  of a former participant who has been terminated for a minimum

18  of 6 months from the employment that entitled him or her to

19  optional retirement program participation. A de minimis

20  account is an account with a provider company containing

21  employer contributions and accumulated earnings of not more

22  than $5,000 made under the provisions of this chapter. Such

23  cash-out must be a complete liquidation of the account balance

24  with that company and is subject to the provisions of the

25  Internal Revenue Code.

26         (d)(b)  The benefits payable to any person under the

27  optional retirement program, and any contribution accumulated

28  under such program, shall not be subject to assignment,

29  execution, or attachment or to any legal process whatsoever.

30         (e)(c)  A participant who chooses to receive his or her

31  benefits upon termination of employment shall have

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  responsibility to notify the provider company of the date on

  2  which he or she wishes benefits the annuity funded by employer

  3  contributions to begin. Benefits may be deferred until such

  4  time as the participant chooses to make such application.

  5         (f)(d)  Benefits funded by the participant's personal

  6  contributions may be paid out at any time and in any form

  7  within the limits provided in the contract between the

  8  participant and his or her provider company. The participant

  9  shall notify the provider company regarding the date and

10  provisions under which he or she wants to receive the

11  employee-funded portion of the plan.

12         (6)  ADMINISTRATION OF PROGRAM.--

13         (a)  The optional retirement program authorized by this

14  section shall be administered by the department.  The

15  department shall adopt rules establishing the responsibilities

16  of the State Board of Education Regents and institutions in

17  the State University System in administering the optional

18  retirement program. The State Board of Education Regents

19  shall, no more than 90 days after July 1, 1983, submit to the

20  department its recommendations for the annuity contracts to be

21  offered by the companies chosen by the department.  The

22  recommendations of the board shall include the following:

23         1.  The nature and extent of the rights and benefits in

24  relation to the required contributions; and

25         2.  The suitability of the rights and benefits to the

26  needs of the participants and the interests of the

27  institutions in the recruitment and retention of eligible

28  employees.

29         (b)  After receiving and considering the

30  recommendations of the State Board of Education Regents, the

31  department shall designate no more than four companies from

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  which annuity contracts may be purchased under the program and

  2  shall approve the form and content of the optional retirement

  3  program contracts.  Upon application by a qualified Florida

  4  domestic company, the department shall give reasonable notice

  5  to all other such companies that it intends to designate one

  6  of such companies as a fifth company from which annuity

  7  contracts may be purchased pursuant to this section and that

  8  they may apply for such designation prior to the deadline

  9  established by said notice. At least 60 days after giving such

10  notice and upon receipt of the recommendation of the State

11  Board of Education Regents, the department shall so designate

12  one of such companies as the fifth company from which such

13  contracts may be purchased.

14         (c)  Effective July 1, 1997, the State Board of

15  Administration shall review and make recommendations to the

16  department on the acceptability of all investment products

17  proposed by provider companies of the optional retirement

18  program before they are offered through annuity contracts to

19  the participants and may advise the department of any changes

20  necessary to ensure that the optional retirement program

21  offers an acceptable mix of investment products. The

22  department shall make the final determination as to whether an

23  investment product will be approved for the program.

24         (d)  The provisions of each contract applicable to a

25  participant in the optional retirement program shall be

26  contained in a written program description which shall include

27  a report of pertinent financial and actuarial information on

28  the solvency and actuarial soundness of the program and the

29  benefits applicable to the participant.  Such description

30  shall be furnished by the companies to each participant in the

31  program and to the department upon commencement of

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  participation in the program and annually thereafter.

  2         (e)  The department shall ensure that each participant

  3  in the optional retirement program is provided an accounting

  4  of the total contribution and the annual contribution made by

  5  and on behalf of such participant.

  6         Section 8.  Subsection (2), paragraph (c) of subsection

  7  (3), paragraphs (a), (b), and (c) of subsection (4), and

  8  subsections (7) and (16) of section 121.4501, Florida

  9  Statutes, as amended by chapter 2001-235, Laws of Florida, are

10  amended to read:

11         121.4501  Public Employee Optional Retirement

12  Program.--

13         (2)  DEFINITIONS.--As used in this part section, the

14  term:

15         (a)  "Approved provider" or "provider" means a private

16  sector company that is selected and approved by the state

17  board to offer one or more investment products or services to

18  the Public Employee Optional Retirement Program. The term

19  includes a bundled provider that offers participants a range

20  of individually allocated or unallocated investment products

21  and may offer a range of administrative and customer services,

22  which may include accounting and administration of individual

23  participant benefits and contributions; individual participant

24  recordkeeping; asset purchase, control, and safekeeping;

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

26  and contribution allocation; calculation of daily net asset

27  values; direct access to participant account information;

28  periodic reporting to participants, at least quarterly, on

29  account balances and transactions; guidance, advice, and

30  allocation services directly relating to its own investment

31  options or products, but only if the bundled provider complies

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  with the standard of care of s. 404(a)(1)(A-B) of the Employee

  2  Retirement Income Security Act of 1974 (ERISA) and if

  3  providing such guidance, advice, or allocation services does

  4  not constitute a prohibited transaction under s. 4975(c)(1) of

  5  the Internal Revenue Code or s. 406 of ERISA, notwithstanding

  6  that such prohibited transaction provisions do not apply to

  7  the optional retirement program; a broad array of distribution

  8  options; asset allocation; and retirement counseling and

  9  education. Private sector companies include investment

10  management companies, insurance companies, depositories, and

11  mutual fund companies.

12         (b)  "Average monthly compensation" means one-twelfth

13  of average final compensation as defined in s. 121.021(24).

14         (c)  "Covered employment" means employment in a

15  regularly established position as defined in s. 121.021(52).

16         (d)(b)  "Department" means the Department of Management

17  Services.

18         (e)(c)  "Division" means the Division of Retirement

19  within the Department of Management Services.

20         (f)(d)  "Eligible employee" means an officer or

21  employee, as defined in s. 121.021(11), who:

22         1.  Is a member of, or is eligible for membership in,

23  the Florida Retirement System;

24         2.  Participates in, or is eligible to participate in,

25  the Senior Management Service Optional Annuity Program as

26  established under s. 121.055(6); or

27         3.  Is eligible to participate in, but does not

28  participate in, the State University System Optional

29  Retirement Program established under s. 121.35 or the State

30  Community College System Optional Retirement Program

31  established under s. 121.051(2)(c).

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1

  2  The term does not include any renewed member of the Florida

  3  Retirement System, any member participating in the Deferred

  4  Retirement Option Program established under s. 121.091(13), or

  5  any employee participating in an optional retirement program

  6  established under s. 121.051(2)(c) or s. 121.35.

  7         (g)(e)  "Employer" means an employer, as defined in s.

  8  121.021(10), of an eligible employee.

  9         (h)(f)  "Participant" means an eligible employee who

10  elects to participate in the Public Employee Optional

11  Retirement Program and enrolls in such optional program as

12  provided in subsection (4).

13         (i)(g)  "Public Employee Optional Retirement Program,"

14  "optional program," or "optional retirement program" means the

15  alternative defined contribution retirement program

16  established under this section.

17         (j)(h)  "State board" or "board" means the State Board

18  of Administration.

19         (k)(i)  "Trustees" means Trustees of the State Board of

20  Administration.

21         (l)(j)  "Vested" or "vesting" means the guarantee that

22  a participant is eligible to receive a retirement benefit upon

23  completion of the required years of service under the Public

24  Employee Optional Retirement Program.

25         (3)  ELIGIBILITY; RETIREMENT SERVICE CREDIT.--

26         (c)1.  Notwithstanding paragraph (b), each eligible

27  employee who elects to participate in the Public Employee

28  Optional Retirement Program and establishes one or more

29  individual participant accounts under the optional program may

30  elect to transfer to the optional program a sum representing

31  the present value of the employee's accumulated benefit

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  obligation under the defined benefit retirement program of the

  2  Florida Retirement System. Upon such transfer, all service

  3  credit previously earned under the defined benefit program of

  4  the Florida Retirement System shall be nullified for purposes

  5  of entitlement to a future benefit under the defined benefit

  6  program of the Florida Retirement System. A participant is

  7  precluded from transferring the accumulated benefit obligation

  8  balance from the defined benefit program upon the expiration

  9  of the period afforded to enroll in the optional program.

10         2.  For purposes of this subsection, the present value

11  of the member's accumulated benefit obligation is based upon

12  the member's estimated creditable service and estimated

13  average final compensation under the defined benefit program,

14  subject to recomputation under subparagraph 3. For state

15  employees enrolling under subparagraph (4)(a)1., initial

16  estimates will be based upon creditable service and average

17  final compensation as of midnight on June 30, 2002; for

18  district school board employees enrolling under subparagraph

19  (4)(b)1., initial estimates will be based upon creditable

20  service and average final compensation as of midnight on

21  September 30, 2002; and for local government employees

22  enrolling under subparagraph (4)(c)1., initial estimates will

23  be based upon creditable service and average final

24  compensation as of midnight on December 31, 2002. The dates

25  respectively specified above shall be construed as the

26  "estimate date" for these employees of the day prior to the

27  opening of the election window for the employee. The actuarial

28  present value of the employee's accumulated benefit obligation

29  shall be based on the following:

30         a.  The discount rate and other relevant actuarial

31  assumptions used to value the Florida Retirement System Trust

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  Fund at the time the amount to be transferred is determined,

  2  consistent with the factors provided in sub-subparagraphs b.

  3  and c.

  4         b.  A benefit commencement age, based on the member's

  5  estimated creditable service as of the estimate date midnight

  6  on May 31, 2002. The benefit commencement age shall be the

  7  younger of the following, but shall not be younger than the

  8  member's age as of the estimate date midnight on May 31, 2002:

  9         (I)  Age 62; or

10         (II)  The age the member would attain if the member

11  completed 30 years of service with an employer, assuming the

12  member worked continuously from the estimate date May 31,

13  2002, and disregarding any vesting requirement that would

14  otherwise apply under the defined benefit program of the

15  Florida Retirement System.

16         c.  For members of the Special Risk Class and for

17  members of the Special Risk Administrative Support Class

18  entitled to retain special risk normal retirement date, the

19  benefit commencement age shall be the younger of the

20  following, but shall not be younger than the member's age as

21  of the estimate date midnight on May 31, 2002:

22         (I)  Age 55; or

23         (II)  The age the member would attain if the member

24  completed 25 years of service with an employer, assuming the

25  member worked continuously from the estimate date May 31,

26  2002, and disregarding any vesting requirement that would

27  otherwise apply under the defined benefit program of the

28  Florida Retirement System.

29         d.  The calculation shall disregard vesting

30  requirements and early retirement reduction factors that would

31  otherwise apply under the defined benefit retirement program.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1         3.  For each participant who elects to transfer moneys

  2  from the defined benefit program to his or her account in the

  3  optional program, the division shall recompute the amount

  4  transferred under subparagraph 2. not later than 60 days after

  5  the actual transfer of funds based upon the participant's

  6  actual creditable service and actual final average

  7  compensation as of the initial date of participation in the

  8  optional program. If the recomputed amount differs from the

  9  amount transferred under subparagraph 2. by $10 or more, the

10  division shall:

11         a.  Transfer, or cause to be transferred, from the

12  Florida Retirement System Trust Fund to the participant's

13  account in the optional program the excess, if any, of the

14  recomputed amount over the previously transferred amount

15  together with interest from the initial date of transfer to

16  the date of transfer under this subparagraph, based upon 8

17  percent effective annual interest, compounded annually.

18         b.  Transfer, or cause to be transferred, from the

19  participant's account to the Florida Retirement System Trust

20  Fund the excess, if any, of the previously transferred amount

21  over the recomputed amount, together with interest from the

22  initial date of transfer to the date of transfer under this

23  subparagraph, based upon 6 percent effective annual interest,

24  compounded annually, pro rata based on the participant's

25  allocation plan.

26         4.  As directed by the participant, the board shall

27  transfer or cause to be transferred the appropriate amounts to

28  the designated accounts. The board shall establish transfer

29  procedures by rule, but the actual transfer shall not be later

30  than 30 days after the effective date of the member's

31  participation in the optional program. Transfers are not

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  commissionable or subject to other fees and may be in the form

  2  of securities or cash as determined by the state board. Such

  3  securities shall be valued as of the date of receipt in the

  4  participant's account.

  5         5.  If the board or the division receives notification

  6  from the United States Internal Revenue Service that this

  7  paragraph or any portion of this paragraph will cause the

  8  retirement system, or a portion thereof, to be disqualified

  9  for tax purposes under the Internal Revenue Code, then the

10  portion that will cause the disqualification does not apply.

11  Upon such notice, the state board and the division shall

12  notify the presiding officers of the Legislature.

13         (4)  PARTICIPATION; ENROLLMENT.--

14         (a)1.  With respect to an eligible employee who is

15  employed in a regularly established position on June 1, 2002,

16  by a state employer:

17         a.  Any such employee may elect to participate in the

18  Public Employee Optional Retirement Program in lieu of

19  retaining his or her membership in the defined benefit program

20  of the Florida Retirement System. The election must be made in

21  writing or by electronic means and must be filed with the

22  third-party administrator by August 31, department and the

23  personnel officer of the employer within 90 days after June 1,

24  2002, or, in the case of an active employee who is on a leave

25  of absence on April June 1, 2002, by August 31, 2002, or

26  within 90 days after the conclusion of the leave of absence,

27  whichever is later. This election is irrevocable, except as

28  provided in paragraph (e). Upon making such election, the

29  employee shall be enrolled as a participant of the Public

30  Employee Optional Retirement Program, the employee's

31  membership in the Florida Retirement System shall be governed

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  by the provisions of this part, and the employee's membership

  2  in the defined benefit program of the Florida Retirement

  3  System shall terminate. The employee's enrollment in the

  4  Public Employee Optional Retirement Program shall be effective

  5  the first day of the month for which a full month's employer

  6  contribution is made to the optional program.

  7         b.  Any such employee who fails to elect to participate

  8  in the Public Employee Optional Retirement Program within the

  9  prescribed time period 90 days is deemed to have elected to

10  retain membership in the defined benefit program of the

11  Florida Retirement System, and the employee's option to elect

12  to participate in the optional program is forfeited.

13         2.  With respect to employees who become eligible to

14  participate in the Public Employee Optional Retirement Program

15  by reason of employment in a regularly established position

16  with a state employer commencing after April June 1, 2002:

17         a.  Any such employee shall, by default, be enrolled in

18  the defined benefit retirement program of the Florida

19  Retirement System at the commencement of employment, and may,

20  by the end of the 5th month following the employee's month of

21  hire within 180 days after employment commences, elect to

22  participate in the Public Employee Optional Retirement

23  Program. The employee's election must be made in writing or by

24  electronic means and must be filed with the third-party

25  administrator personnel officer of the employer. The election

26  to participate in the optional program is irrevocable, except

27  as provided in paragraph (e).

28         b.  If the employee files such election before the

29  initial payroll is submitted for the employee, enrollment in

30  the Public Employee Optional Retirement Program shall be

31  effective on the first day of employment.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1         b.c.  If the employee files such election within the

  2  prescribed time period 180 days after employment commences,

  3  but after the initial payroll is submitted for the employee,

  4  enrollment in the optional program shall be effective on the

  5  first day of employment the month for which a full month's

  6  employer contribution is made to the optional program. The

  7  employer retirement contributions paid through the month of

  8  the employee plan change shall be transferred to the optional

  9  program, and, effective the first day of the next month, the

10  employer shall pay the applicable contributions based on the

11  employee membership class in the optional program.

12         c.d.  Any such employee who fails to elect to

13  participate in the Public Employee Optional Retirement Program

14  within the prescribed time period 180 days is deemed to have

15  elected to retain membership in the defined benefit program of

16  the Florida Retirement System, and the employee's option to

17  elect to participate in the optional program is forfeited.

18         3.  For purposes of this paragraph, "state employer"

19  means any agency, board, branch, commission, community

20  college, department, institution, institution of higher

21  education, or water management district of the state, which

22  participates in the Florida Retirement System for the benefit

23  of certain employees.

24         (b)1.  With respect to an eligible employee who is

25  employed in a regularly established position on September 1,

26  2002, by a district school board employer:

27         a.  Any such employee may elect to participate in the

28  Public Employee Optional Retirement Program in lieu of

29  retaining his or her membership in the defined benefit program

30  of the Florida Retirement System. The election must be made in

31  writing or by electronic means and must be filed with the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  third-party administrator by November 30 department and the

  2  personnel officer of the employer within 90 days after

  3  September 1, 2002, or, in the case of an active employee who

  4  is on a leave of absence on July September 1, 2002, by

  5  November 30, 2002, or within 90 days after the conclusion of

  6  the leave of absence, whichever is later. This election is

  7  irrevocable, except as provided in paragraph (e). Upon making

  8  such election, the employee shall be enrolled as a participant

  9  of the Public Employee Optional Retirement Program, the

10  employee's membership in the Florida Retirement System shall

11  be governed by the provisions of this part, and the employee's

12  membership in the defined benefit program of the Florida

13  Retirement System shall terminate. The employee's enrollment

14  in the Public Employee Optional Retirement Program shall be

15  effective the first day of the month for which a full month's

16  employer contribution is made to the optional program.

17         b.  Any such employee who fails to elect to participate

18  in the Public Employee Optional Retirement Program within the

19  prescribed time period 90 days is deemed to have elected to

20  retain membership in the defined benefit program of the

21  Florida Retirement System, and the employee's option to elect

22  to participate in the optional program is forfeited.

23         2.  With respect to employees who become eligible to

24  participate in the Public Employee Optional Retirement Program

25  by reason of employment in a regularly established position

26  with a district school board employer commencing after July

27  September 1, 2002:

28         a.  Any such employee shall, by default, be enrolled in

29  the defined benefit retirement program of the Florida

30  Retirement System at the commencement of employment, and may,

31  by the end of the 5th month following the employee's month of

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  hire within 180 days after employment commences, elect to

  2  participate in the Public Employee Optional Retirement

  3  Program. The employee's election must be made in writing or by

  4  electronic means and must be filed with the third-party

  5  administrator personnel officer of the employer. The election

  6  to participate in the optional program is irrevocable, except

  7  as provided in paragraph (e).

  8         b.  If the employee files such election before the

  9  initial payroll is submitted for the employee, enrollment in

10  the Public Employee Optional Retirement Program shall be

11  effective on the first day of employment.

12         b.c.  If the employee files such election within the

13  prescribed time period 180 days after employment commences,

14  but after the initial payroll is submitted for the employee,

15  enrollment in the optional program shall be effective on the

16  first day of employment the month for which a full month's

17  employer contribution is made to the optional program. The

18  employer retirement contributions paid through the month of

19  the employee plan change shall be transferred to the optional

20  program, and, effective the first day of the next month, the

21  employer shall pay the applicable contributions based on the

22  employee membership class in the optional program.

23         c.d.  Any such employee who fails to elect to

24  participate in the Public Employee Optional Retirement Program

25  within the prescribed time period 180 days is deemed to have

26  elected to retain membership in the defined benefit program of

27  the Florida Retirement System, and the employee's option to

28  elect to participate in the optional program is forfeited.

29         3.  For purposes of this paragraph, "district school

30  board employer" means any district school board that

31  participates in the Florida Retirement System for the benefit

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  of certain employees, or a charter school or charter technical

  2  career center that participates in the Florida Retirement

  3  System as provided in s. 121.051(2)(d).

  4         (c)1.  With respect to an eligible employee who is

  5  employed in a regularly established position on December 1,

  6  2002, by a local employer:

  7         a.  Any such employee may elect to participate in the

  8  Public Employee Optional Retirement Program in lieu of

  9  retaining his or her membership in the defined benefit program

10  of the Florida Retirement System. The election must be made in

11  writing or by electronic means and must be filed with the

12  third-party administrator by February 28, 2003, department and

13  the personnel officer of the employer within 90 days after

14  December 1, 2002 or, in the case of an active employee who is

15  on a leave of absence on October December 1, 2002, by February

16  28, 2003, or within 90 days after the conclusion of the leave

17  of absence, whichever is later. This election is irrevocable,

18  except as provided in paragraph (e). Upon making such

19  election, the employee shall be enrolled as a participant of

20  the Public Employee Optional Retirement Program, the

21  employee's membership in the Florida Retirement System shall

22  be governed by the provisions of this part, and the employee's

23  membership in the defined benefit program of the Florida

24  Retirement System shall terminate. The employee's enrollment

25  in the Public Employee Optional Retirement Program shall be

26  effective the first day of the month for which a full month's

27  employer contribution is made to the optional program.

28         b.  Any such employee who fails to elect to participate

29  in the Public Employee Optional Retirement Program within the

30  prescribed time period 90 days is deemed to have elected to

31  retain membership in the defined benefit program of the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  Florida Retirement System, and the employee's option to elect

  2  to participate in the optional program is forfeited.

  3         2.  With respect to employees who become eligible to

  4  participate in the Public Employee Optional Retirement Program

  5  by reason of employment in a regularly established position

  6  with a local employer commencing after October December 1,

  7  2002:

  8         a.  Any such employee shall, by default, be enrolled in

  9  the defined benefit retirement program of the Florida

10  Retirement System at the commencement of employment, and may,

11  by the end of the 5th month following the employee's month of

12  hire within 180 days after employment commences, elect to

13  participate in the Public Employee Optional Retirement

14  Program. The employee's election must be made in writing or by

15  electronic means and must be filed with the third-party

16  administrator personnel officer of the employer. The election

17  to participate in the optional program is irrevocable, except

18  as provided in paragraph (e).

19         b.  If the employee files such election before the

20  initial payroll is submitted for the employee, enrollment in

21  the Public Employee Optional Retirement Program shall be

22  effective on the first day of employment.

23         b.c.  If the employee files such election within the

24  prescribed time period 180 days after employment commences,

25  but after the initial payroll is submitted for the employee,

26  enrollment in the optional program shall be effective on the

27  first day of employment the month for which a full month's

28  employer contribution is made to the optional program. The

29  employer retirement contributions paid through the month of

30  the employee plan change shall be transferred to the optional

31  program, and, effective the first day of the next month, the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  employer shall pay the applicable contributions based on the

  2  employee membership class in the optional program.

  3         c.d.  Any such employee who fails to elect to

  4  participate in the Public Employee Optional Retirement Program

  5  within the prescribed time period 180 days is deemed to have

  6  elected to retain membership in the defined benefit program of

  7  the Florida Retirement System, and the employee's option to

  8  elect to participate in the optional program is forfeited.

  9         3.  For purposes of this paragraph, "local employer"

10  means any employer not included in paragraph (a) or paragraph

11  (b).

12         (7)  BENEFITS.--Under the Public Employee Optional

13  Retirement Program:

14         (a)  Benefits shall be provided in accordance with s.

15  401(a) of the Internal Revenue Code.

16         (b)  Benefits shall accrue in individual accounts that

17  are participant-directed, portable, and funded by employer

18  contributions and earnings thereon.

19         (c)  Benefits shall be payable in accordance with the

20  provisions of s. 121.591. following terms and conditions:

21         1.  To the extent vested, benefits shall be payable

22  only to a participant, or to his or her beneficiaries as

23  designated by the participant.

24         2.  Benefits shall be paid by the third-party

25  administrator or designated approved providers in accordance

26  with the law, the contracts, and any applicable board rule or

27  policy.

28         3.  To begin receiving the benefits, the participant

29  must be terminated from all employment with all Florida

30  Retirement System employers, as provided in s. 121.021(39), or

31  the participant must be deceased. If a participant elects to

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  receive his or her benefits upon termination of employment,

  2  the participant must submit a written application to the

  3  third-party administrator indicating his or her preferred

  4  distribution date and selecting an authorized method of

  5  distribution as provided in paragraph (d). The participant may

  6  defer receipt of benefits until he or she chooses to make such

  7  application, subject to federal requirements.

  8         4.  In the event of a participant's death, moneys

  9  accumulated by, or on behalf of, the participant, less

10  withholding taxes remitted to the Internal Revenue Service,

11  shall be distributed to the participant's designated

12  beneficiary or beneficiaries, or to the participant's estate,

13  as if the participant retired on the date of death, as

14  provided in paragraph (e). No other death benefits shall be

15  available for survivors of participants under the Public

16  Employee Optional Retirement Program, except for such

17  benefits, or coverage for such benefits, as are separately

18  afforded by the employer, at the employer's discretion.

19         (d)  Upon receipt by the third-party administrator of a

20  properly executed application for distribution of benefits,

21  the total accumulated benefit shall be payable to the

22  participant, as:

23         1.  A lump-sum distribution to the participant;

24         2.  A lump-sum direct rollover distribution whereby all

25  accrued benefits, plus interest and investment earnings, are

26  paid from the participant's account directly to the custodian

27  of an eligible retirement plan, as defined in s. 402(c)(8)(B)

28  of the Internal Revenue Code, on behalf of the participant; or

29         3.  Periodic distributions, as authorized by the state

30  board.

31         (e)  Survivor benefits shall be payable as:

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1         1.  A lump-sum distribution payable to the

  2  beneficiaries, or to the deceased participant's estate;

  3         2.  An eligible rollover distribution on behalf of the

  4  surviving spouse of a deceased participant, whereby all

  5  accrued benefits, plus interest and investment earnings, are

  6  paid from the deceased participant's account directly to the

  7  custodian of an individual retirement account or an individual

  8  retirement annuity, as described in s. 402(c)(9) of the

  9  Internal Revenue Code, on behalf of the surviving spouse; or

10         3.  A partial lump-sum payment whereby a portion of the

11  accrued benefit is paid to the deceased participant's

12  surviving spouse or other designated beneficiaries, less

13  withholding taxes remitted to the Internal Revenue Service,

14  and the remaining amount is transferred directly to the

15  custodian of an individual retirement account or an individual

16  retirement annuity, as described in s. 402(c)(9) of the

17  Internal Revenue Code, on behalf of the surviving spouse. The

18  proportions must be specified by the participant or the

19  surviving beneficiary.

20

21  This paragraph does not abrogate other applicable provisions

22  of state or federal law providing for payment of death

23  benefits.

24         (f)  The benefits payable to any person under the

25  Public Employee Optional Retirement Program, and any

26  contributions accumulated under such program, are not subject

27  to assignment, execution, attachment, or any legal process,

28  except for qualified domestic relations orders by a court of

29  competent jurisdiction, income deduction orders as provided in

30  s. 61.1301, and federal income tax levies.

31         (16)  DISABILITY BENEFITS.--For any participant of the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  optional retirement program who becomes totally and

  2  permanently disabled, benefits shall be paid in accordance

  3  with the provisions of s. 121.591 as defined in s.

  4  121.091(4)(b), the participant shall be entitled to receive

  5  those moneys that have accrued in his or her participant

  6  account.  It is the intent of the Legislature to design a

  7  disability benefit for participants of the optional program

  8  similar to those disability benefits afforded defined benefit

  9  program members.  The department is directed to study the

10  potential options of such coverage, including self-insurance

11  and commercial coverage, the alternative methods of

12  administering such benefits, and the fiscal impacts on the

13  employees and employers, and to make recommendations to the

14  Legislature by January 15, 2001.

15         Section 9.  Section 121.591, Florida Statutes, is

16  created to read:

17         121.591  Benefits payable under the Public Employee

18  Optional Retirement Program of the Florida Retirement

19  System.--Benefits may not be paid under this section unless

20  the member has terminated employment as provided in s.

21  121.021(39)(a) or is deceased and a proper application has

22  been filed in the manner prescribed by the state board or the

23  department. The state board or department, as appropriate, may

24  cancel an application for retirement benefits when the member

25  or beneficiary fails to timely provide the information and

26  documents required by this chapter and the rules of the state

27  board and department. In accordance with their respective

28  responsibilities as provided herein, the State Board of

29  Administration and the Department of Management Services shall

30  adopt rules establishing procedures for application for

31  retirement benefits and for the cancellation of such

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  application when the required information or documents are not

  2  received.

  3         (1)  NORMAL BENEFITS.--Under the Public Employee

  4  Optional Retirement Program:

  5         (a)  Benefits in the form of vested accumulations as

  6  described in s. 121.4501(6) shall be payable under this

  7  subsection in accordance with the following terms and

  8  conditions:

  9         1.  To the extent vested, benefits shall be payable

10  only to a participant.

11         2.  Benefits shall be paid by the third-party

12  administrator or designated approved providers in accordance

13  with the law, the contracts, and any applicable board rule or

14  policy.

15         3.  To receive benefits under this subsection, the

16  participant must be terminated from all employment with all

17  Florida Retirement System employers, as provided in s.

18  121.021(39).

19         (b)  If a participant elects to receive his or her

20  benefits upon termination of employment, the participant must

21  submit a written application to the third-party administrator

22  indicating his or her preferred distribution date and

23  selecting an authorized method of distribution as provided in

24  paragraph (c). The participant may defer receipt of benefits

25  until he or she chooses to make such application, subject to

26  federal requirements.

27         (c)  Upon receipt by the third-party administrator of a

28  properly executed application for distribution of benefits,

29  the total accumulated benefit shall be payable to the

30  participant, as:

31         1.  A lump-sum distribution to the participant;

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  1         2.  A lump-sum direct rollover distribution whereby all

  2  accrued benefits, plus interest and investment earnings, are

  3  paid from the participant's account directly to the custodian

  4  of an eligible retirement plan, as defined in s. 402(c)(8)(B)

  5  of the Internal Revenue Code, on behalf of the participant; or

  6         3.  Periodic distributions, as authorized by the state

  7  board.

  8         (2)  DISABILITY RETIREMENT BENEFITS.--Benefits provided

  9  under this subsection are payable in lieu of the benefits

10  which would otherwise be payable under the provisions of

11  subsection (1). Such benefits shall be funded entirely from

12  employer contributions made under s. 121.571, transferred

13  participant funds accumulated pursuant to paragraph (a), and

14  interest and earnings thereon. Pursuant thereto:

15         (a)  Transfer of funds.--To qualify to receive monthly

16  disability benefits under this subsection:

17         1.  All moneys accumulated in the participant's Public

18  Employee Optional Retirement Program accounts, including

19  vested and nonvested accumulations as described in s.

20  121.4501(6), shall be transferred from such individual

21  accounts to the Division of Retirement for deposit in the

22  disability account of the Florida Retirement System Trust

23  Fund. Such moneys shall be separately accounted for. Earnings

24  shall be credited on an annual basis for amounts held in the

25  disability accounts of the Florida Retirement System Trust

26  Fund based on actual earnings of the Florida Retirement System

27  Trust Fund.

28         2.  If the participant has retained retirement credit

29  he or she had earned under the defined benefit program of the

30  Florida Retirement System as provided in s. 121.4501(3)(b), a

31  sum representing the actuarial present value of such credit

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  1  within the Florida Retirement System Trust Fund shall be

  2  reassigned by the Division of Retirement from the defined

  3  benefit program to the disability program as implemented under

  4  this subsection and shall be deposited in the disability

  5  account of the Florida Retirement System Trust Fund. Such

  6  moneys shall be separately accounted for.

  7         (b)  Disability retirement; entitlement.--

  8         1.  A participant of the Public Employee Optional

  9  Retirement Program who becomes totally and permanently

10  disabled, as defined in s. 121.091(4)(b), after completing 8

11  years of creditable service, or a participant who becomes

12  totally and permanently disabled in the line of duty

13  regardless of his or her length of service, shall be entitled

14  to a monthly disability benefit as provided herein.

15         2.  In order for service to apply toward the 8 years of

16  service required to vest for regular disability benefits, or

17  toward the creditable service used in calculating a

18  service-based benefit as provided for under paragraph (g), the

19  service must be creditable service as described below:

20         a.  The participant's period of service under the

21  Public Employee Optional Retirement Program will be considered

22  creditable service, except as provided in subparagraph d.

23         b.  If the participant has elected to retain credit for

24  his or her service under the defined benefit program of the

25  Florida Retirement System as provided under s. 121.4501(3)(b),

26  all such service will be considered creditable service.

27         c.  If the participant has elected to transfer to his

28  or her participant accounts a sum representing the present

29  value of his or her retirement credit under the defined

30  benefit program as provided under s. 121.4501(3)(c), the

31  period of service under the defined benefit program

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  1  represented in the present value amounts transferred will be

  2  considered creditable service for purposes of vesting for

  3  disability benefits, except as provided in subparagraph d.

  4         d.  Whenever a participant has terminated employment

  5  and has taken distribution of his or her funds as provided in

  6  subsection (1), all creditable service represented by such

  7  distributed funds is forfeited for purposes of this

  8  subsection.

  9         (c)  Disability retirement effective date.--The

10  effective retirement date for a participant who applies and is

11  approved for disability retirement shall be established as

12  provided under s. 121.091(4)(a)2. and 3.

13         (d)  Total and permanent disability.--A participant

14  shall be considered totally and permanently disabled if, in

15  the opinion of the division, he or she is prevented, by reason

16  of a medically determinable physical or mental impairment,

17  from rendering useful and efficient service as an officer or

18  employee.

19         (e)  Proof of disability.--The division, before

20  approving payment of any disability retirement benefit, shall

21  require proof that the participant is totally and permanently

22  disabled in the same manner as provided for members of the

23  defined benefit program of the Florida Retirement System under

24  s. 121.091(4)(c).

25         (f)  Disability retirement benefit.--Upon the

26  disability retirement of a participant under this subsection,

27  the participant shall receive a monthly benefit that shall

28  begin to accrue on the first day of the month of disability

29  retirement, as approved by the division, and shall be payable

30  on the last day of that month and each month thereafter during

31  his or her lifetime and continued disability. All disability

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  1  benefits payable to such member shall be paid out of the

  2  disability account of the Florida Retirement System Trust Fund

  3  established under this subsection.

  4         (g)  Computation of disability retirement benefit.--The

  5  amount of each monthly payment shall be calculated in the same

  6  manner as provided for members of the defined benefit program

  7  of the Florida Retirement System under s. 121.091(4)(f). For

  8  such purpose, creditable service under both the defined

  9  benefit program and the Public Employee Optional Retirement

10  Program of the Florida Retirement System shall be applicable

11  as provided under paragraph (b).

12         (h)  Reapplication.--A participant whose initial

13  application for disability retirement has been denied may

14  reapply for disability benefits in the same manner, and under

15  the same conditions, as provided for members of the defined

16  benefit program of the Florida Retirement System under s.

17  121.091(4)(g).

18         (i)  Membership.--Upon approval of an application for

19  disability benefits under this subsection, the applicant shall

20  be transferred to the defined benefit program of the Florida

21  Retirement System, effective upon his or her disability

22  retirement effective date.

23         (j)  Option to cancel.--Any participant whose

24  application for disability benefits is approved may cancel his

25  or her application for disability benefits, provided that the

26  cancellation request is received by the division before a

27  disability retirement warrant has been deposited, cashed, or

28  received by direct deposit. Upon such cancellation:

29         1.  The participant's transfer to the defined benefit

30  program under paragraph (i) shall be nullified;

31         2.  The participant shall be retroactively reinstated

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  1  in the Public Employee Optional Retirement Program without

  2  hiatus;

  3         3.  All funds transferred to the Florida Retirement

  4  System Trust Fund under paragraph (a) shall be returned to the

  5  participant accounts from which such funds were drawn; and

  6         4.  The participant may elect to receive the benefit

  7  payable under the provisions of subsection (1) in lieu of

  8  disability benefits as provided under this subsection.

  9         (k)  Recovery from disability.--

10         1.  The division may require periodic reexaminations at

11  the expense of the disability program account of the Florida

12  Retirement System Trust Fund. Except as otherwise provided in

13  subparagraph 2., the requirements, procedures, and

14  restrictions relating to the conduct and review of such

15  reexaminations, discontinuation or termination of benefits,

16  reentry into employment, disability retirement after reentry

17  into covered employment, and all other matters relating to

18  recovery from disability shall be the same as are set forth

19  under s. 121.091(4)(h).

20         2.  Upon recovery from disability, any recipient of

21  disability retirement benefits under this subsection shall be

22  a compulsory member of the Public Employee Optional Retirement

23  Program of the Florida Retirement System. The net difference

24  between the recipient's original account balance transferred

25  to the Florida Retirement System Trust Fund, including

26  earnings, under paragraph (a) and total disability benefits

27  paid to such recipient, if any, shall be determined as

28  provided in sub-subparagraph a.

29         a.  An amount equal to the total benefits paid shall be

30  subtracted from that portion of the transferred account

31  balance consisting of vested accumulations as described under

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    Amendment No. ___   Barcode 622674





  1  s. 121.4501(6), if any, and an amount equal to the remainder

  2  of benefit amounts paid, if any, shall then be subtracted from

  3  any remaining portion consisting of nonvested accumulations as

  4  described under s. 121.4501(6).

  5         b.  Amounts subtracted under sub-subparagraph a. shall

  6  be retained within the disability account of the Florida

  7  Retirement System Trust Fund. Any remaining account balance

  8  shall be transferred to the third-party administrator for

  9  disposition as provided under sub-subparagraph c. or

10  sub-subparagraph d., as appropriate.

11         c.  If the recipient returns to covered employment,

12  transferred amounts shall be deposited in individual accounts

13  under the Public Employee Optional Retirement Program, as

14  directed by the participant. Vested and nonvested amounts

15  shall be separately accounted for as provided in s.

16  121.4501(6).

17         d.  If the recipient fails to return to covered

18  employment upon recovery from disability:

19         (I)  Any remaining vested amount shall be deposited in

20  individual accounts under the Public Employee Optional

21  Retirement Program, as directed by the participant, and shall

22  be payable as provided in subsection (1).

23         (II)  Any remaining nonvested amount shall be held in a

24  suspense account and shall be forfeitable after 5 years as

25  provided in s. 121.4501(6).

26         3.  If present value was reassigned from the defined

27  benefit program to the disability program of the Florida

28  Retirement System as provided under subparagraph (a)2., the

29  full present value amount shall be returned to the defined

30  benefit account within the Florida Retirement System Trust

31  Fund and the affected individual's associated retirement

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  1  credit under the defined benefit program shall be reinstated

  2  in full. Any benefit based upon such credit shall be

  3  calculated as provided in s. 121.091(4)(h)1.

  4         (l)  Nonadmissible causes of disability.--A participant

  5  shall not be entitled to receive a disability retirement

  6  benefit if the disability results from any injury or disease

  7  sustained or inflicted as described in s. 121.091(4)(i).

  8         (m)  Disability retirement of justice or judge by order

  9  of Supreme Court.--

10         1.  If a participant is a justice of the Supreme Court,

11  judge of a district court of appeal, circuit judge, or judge

12  of a county court who has served for 6 years or more as an

13  elected constitutional judicial officer, including service as

14  a judicial officer in any court abolished pursuant to Article

15  V of the State Constitution, and who is retired for disability

16  by order of the Supreme Court upon recommendation of the

17  Judicial Qualifications Commission pursuant to the provisions

18  of Article V of the State Constitution, the participant's

19  Option 1 monthly disability benefit amount as provided in s.

20  121.091(6)(a)1. shall be two-thirds of his or her monthly

21  compensation as of the participant's disability retirement

22  date.  Such a participant may alternatively elect to receive

23  an actuarially adjusted disability retirement benefit under

24  any other option as provided in s. 121.091(6)(a), or to

25  receive the normal benefit payable under the Public Employee

26  Optional Retirement Program as set forth in subsection (1).

27         2.  If any justice or judge who is a participant of the

28  Public Employee Optional Retirement Program of the Florida

29  Retirement System is retired for disability by order of the

30  Supreme Court upon recommendation of the Judicial

31  Qualifications Commission pursuant to the provisions of

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  1  Article V of the State Constitution and elects to receive a

  2  monthly disability benefit under the provisions of this

  3  paragraph:

  4         a.  Any present value amount that was transferred to

  5  his or her program account and all employer contributions made

  6  to such account on his or her behalf, plus interest and

  7  earnings thereon, shall be transferred to and deposited in the

  8  disability account of the Florida Retirement System Trust

  9  Fund; and

10         b.  The monthly benefits payable under this paragraph

11  for any affected justice or judge retired from the Florida

12  Retirement System pursuant to Article V of the State

13  Constitution shall be paid from the disability account of the

14  Florida Retirement System Trust Fund.

15         (n)  Upon the death of a disabled retiree or

16  beneficiary thereof who is receiving monthly benefits under

17  this subsection, the monthly benefits shall be paid through

18  the last day of the month of death and shall terminate, or be

19  adjusted, if applicable, as of that date in accordance with

20  the optional form of benefit selected at the time of

21  retirement.  The deceased disabled retiree's beneficiary shall

22  also receive the amount of the participant's remaining account

23  balance, if any, in the Florida Retirement System Trust Fund.

24  The Department of Management Services may adopt rules

25  necessary to administer this paragraph.

26         (3)  DEATH BENEFITS.--Under the Public Employee

27  Optional Retirement Program:

28         (a)  Survivor benefits shall be payable in accordance

29  with the following terms and conditions:

30         1.  To the extent vested, benefits shall be payable

31  only to a participant's beneficiary or beneficiaries as

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  1  designated by the participant. If a participant designates a

  2  primary beneficiary other than the participant's spouse, the

  3  participant's spouse shall be notified of the designation.

  4  This requirement shall not apply to the designation of one or

  5  more contingent beneficiaries to receive any benefits

  6  remaining upon the death of the primary beneficiary or

  7  beneficiaries.

  8         2.  Benefits shall be paid by the third-party

  9  administrator or designated approved providers in accordance

10  with the law, the contracts, and any applicable board rule or

11  policy.

12         3.  To receive benefits under this subsection, the

13  participant must be deceased.

14         (b)  In the event of a participant's death, all vested

15  accumulations as described in s. 121.4501(6), less withholding

16  taxes remitted to the Internal Revenue Service, shall be

17  distributed, as provided in paragraph (c), to the

18  participant's designated beneficiary or beneficiaries, or to

19  the participant's estate, as if the participant retired on the

20  date of death. No other death benefits shall be available for

21  survivors of participants under the Public Employee Optional

22  Retirement Program, except for such benefits, or coverage for

23  such benefits, as are otherwise provided by law or are

24  separately afforded by the employer, at the employer's

25  discretion.

26         (c)  Upon receipt by the third-party administrator of a

27  properly executed application for distribution of benefits,

28  the total accumulated benefit shall be payable by the

29  third-party administrator to the participant's surviving

30  beneficiary or beneficiaries, as:

31         1.  A lump-sum distribution payable to the beneficiary

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  1  or beneficiaries, or to the deceased participant's estate;

  2         2.  An eligible rollover distribution on behalf of the

  3  surviving spouse of a deceased participant, whereby all

  4  accrued benefits, plus interest and investment earnings, are

  5  paid from the deceased participant's account directly to the

  6  custodian of an eligible retirement plan, as described in s.

  7  402(c)(8)(B) of the Internal Revenue Code, on behalf of the

  8  surviving spouse; or

  9         3.  A partial lump-sum payment whereby a portion of the

10  accrued benefit is paid to the deceased participant's

11  surviving spouse or other designated beneficiaries, less

12  withholding taxes remitted to the Internal Revenue Service,

13  and the remaining amount is transferred directly to the

14  custodian of an eligible retirement plan, as described in s.

15  402(c)(8)(B) of the Internal Revenue Code, on behalf of the

16  surviving spouse. The proportions must be specified by the

17  participant or the surviving beneficiary.

18

19  This paragraph does not abrogate other applicable provisions

20  of state or federal law providing for payment of death

21  benefits.

22         (4)  LIMITATION ON LEGAL PROCESS.--The benefits payable

23  to any person under the Public Employee Optional Retirement

24  Program, and any contributions accumulated under such program,

25  are not subject to assignment, execution, attachment, or any

26  legal process, except for qualified domestic relations orders

27  by a court of competent jurisdiction, income deduction orders

28  as provided in s. 61.1301, and federal income tax levies.

29         Section 10.  The Legislature finds that a proper and

30  legitimate state purpose is served when employees and retirees

31  of the state and of its political subdivisions, and the

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  1  dependents, survivors, and beneficiaries of such employees and

  2  retirees, are extended the basic protections afforded by

  3  governmental retirement systems that provide fair and adequate

  4  benefits that are managed, administered, and funded in an

  5  actuarially sound manner, as required by s. 14, Art. X of the

  6  State Constitution and part VII of chapter 112, Florida

  7  Statutes. Therefore, the Legislature hereby determines and

  8  declares that this act fulfills an important state interest.

  9         Section 11.  Notwithstanding any provision to the

10  contrary and the authority of the Department of Management

11  Services, the Department of Management Services may contract

12  with a private-sector company selected and approved by the

13  department for services to administer the disability benefit

14  program.  Not later than March 1, 2003, the department may

15  provide to the Legislature for its approval an alternative

16  method for administering and funding disability benefits for

17  participants in the Public Employee Optional Retirement

18  Program and the Florida Retirement System, including through

19  commercial insurance coverage.

20         Section 12.  It is the intent of the Legislature that

21  the disability retirement program for participants of the

22  Public Employee Optional Retirement Program as created in this

23  act must meet all applicable requirements of federal law for a

24  qualified plan.  The Department of Management Services shall

25  seek a private letter ruling from the Internal Revenue Service

26  on the disability retirement program for participants of the

27  Public Employee Optional Retirement Program.  Consistent with

28  the private letter ruling, the Department of Management

29  Services shall adopt any necessary rules required to maintain

30  the qualified status of the disability retirement program and

31  the Florida Retirement System defined benefit plan.

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  1         Section 13.  Paragraph (b) of subsection (1) of section

  2  121.053, Florida Statutes, is amended to read:

  3         121.053  Participation in the Elected Officers' Class

  4  for retired members.--

  5         (1)

  6         (b)  Any retired member of the Florida Retirement

  7  System, or any existing system as defined in s. 121.021(2),

  8  who, on or after July 1, 1990, is serving in, or is elected or

  9  appointed to, an elective office covered by the Elected

10  Officers' Class shall be enrolled in the appropriate subclass

11  of the Elected Officers' Class of the Florida Retirement

12  System, and applicable contributions shall be paid into the

13  Florida Retirement System Trust Fund as provided in s.

14  121.052(7). Pursuant thereto:

15         1.  Any such retired member shall be eligible to

16  continue to receive retirement benefits as well as

17  compensation for the elected officer service for as long as he

18  or she remains in an elective office covered by the Elected

19  Officers' Class.

20         2.  If any such member serves in an elective office

21  covered by the Elected Officers' Class and becomes vested

22  under that class, he or she shall be entitled to receive an

23  additional retirement benefit for such elected officer

24  service.

25         3.  Such member shall be entitled to purchase

26  additional retirement credit in the Elected Officers' Class

27  for any postretirement service performed in an elected

28  position eligible for the Elected Officers' Class prior to

29  July 1, 1990, or in the Regular Class for any postretirement

30  service performed in any other regularly established position

31  prior to July 1, 1991, by paying the applicable Elected

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  1  Officers' Class or Regular Class employee and employer

  2  contributions for the period being claimed, plus 4 percent

  3  interest compounded annually from the first year of service

  4  claimed until July 1, 1975, and 6.5 percent interest

  5  compounded thereafter, until full payment is made to the

  6  Florida Retirement System Trust Fund. The contribution for

  7  postretirement Regular Class service between July 1, 1985, and

  8  July 1, 1991, for which the reemployed retiree contribution

  9  was paid, shall be the difference between such contribution

10  and the total applicable contribution for the period being

11  claimed, plus interest. The employer of such member may pay

12  the applicable employer contribution in lieu of the member. If

13  a member does not wish to claim credit for all of the

14  postretirement service for which he or she is eligible, the

15  service the member claims must be the most recent service.

16         4.  Creditable service for which credit was received,

17  or which remained unclaimed, at retirement may not be claimed

18  or applied toward service credit earned following renewed

19  membership. However, service earned in accordance with the

20  renewed membership provisions in s. 121.122 may be used in

21  conjunction with creditable service earned under this

22  paragraph, provided applicable vesting requirements and other

23  existing statutory conditions required by this chapter are

24  met.

25         5.  An elected officer who is elected or appointed to

26  an elective office and is participating in the Deferred

27  Retirement Option Program is not subject to termination as

28  provided in s. 121.021(39)(b), or reemployment limitations as

29  provided in s. 121.091(9), until the end of his or her current

30  term of office or, if the officer is consecutively elected or

31  reelected to an elective office eligible for coverage under

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  1  the Florida Retirement System, until he or she no longer holds

  2  such an elective office, as follows:

  3         a.  At the end of the 60-month DROP period:

  4         (I)  The officer's DROP account shall accrue no

  5  additional monthly benefits, but shall continue to earn

  6  interest as provided in s. 121.091(13).

  7         (II)  No retirement contributions shall be required of

  8  the employer of the elected officer and no additional

  9  retirement credit shall be earned under the Florida Retirement

10  System.

11         b.  Nothing herein shall prevent an elected officer

12  from voluntarily terminating his or her elective office at any

13  time and electing to receive his or her DROP proceeds.

14  However, until termination requirements are fulfilled as

15  provided in s. 121.021(39), any elected officer whose

16  termination limitations are extended by this section shall be

17  ineligible for renewed membership in the system and shall

18  receive no pension payments, DROP lump sum payments, or any

19  other state payment other than the statutorily determined

20  salary, travel, and per diem for the elective office.

21         c.  Upon termination, the officer shall receive his or

22  her accumulated DROP account, plus interest, and shall accrue

23  and commence receiving monthly retirement benefits, which

24  shall be paid on a prospective basis only.

25

26  However, an officer electing to participate in the Deferred

27  Retirement Option Program on or before June 30, 2002, shall

28  not be required to terminate and shall remain subject to the

29  provisions of this subparagraph as adopted in section 1 of

30  chapter 2001-235, Laws of Florida Any elected officer who is a

31  participating member of DROP may terminate participation at

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  1  any time during the 60-month DROP participation period and

  2  elect to enroll in the appropriate subclass of the Elected

  3  Officers' Class, including participating in the Senior

  4  Management Service Class, effective the first day of the

  5  following month.

  6         Section 14.  Paragraph (b) of subsection (13) of

  7  section 121.091, Florida Statutes, is amended to read:

  8         121.091  Benefits payable under the system.--Benefits

  9  may not be paid under this section unless the member has

10  terminated employment as provided in s. 121.021(39)(a) or

11  begun participation in the Deferred Retirement Option Program

12  as provided in subsection (13), and a proper application has

13  been filed in the manner prescribed by the department. The

14  department may cancel an application for retirement benefits

15  when the member or beneficiary fails to timely provide the

16  information and documents required by this chapter and the

17  department's rules. The department shall adopt rules

18  establishing procedures for application for retirement

19  benefits and for the cancellation of such application when the

20  required information or documents are not received.

21         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,

22  and subject to the provisions of this section, the Deferred

23  Retirement Option Program, hereinafter referred to as the

24  DROP, is a program under which an eligible member of the

25  Florida  Retirement System may elect to participate, deferring

26  receipt of retirement benefits while continuing employment

27  with his or her Florida Retirement System employer. The

28  deferred monthly benefits shall accrue in the System Trust

29  Fund on behalf of the participant, plus interest compounded

30  monthly, for the specified period of the DROP participation,

31  as provided in paragraph (c). Upon termination of employment,

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  1  the participant shall receive the total DROP benefits and

  2  begin to receive the previously determined normal retirement

  3  benefits. Participation in the DROP does not guarantee

  4  employment for the specified period of DROP.

  5         (b)  Participation in the DROP.--

  6         1.  An eligible member may elect to participate in the

  7  DROP for a period not to exceed a maximum of 60 calendar

  8  months immediately following the date on which the member

  9  first reaches his or her normal retirement date or the date to

10  which he or she is eligible to defer his or her election to

11  participate as provided in subparagraph (a)2. However, a

12  member who has reached normal retirement date prior to the

13  effective date of the DROP shall be eligible to participate in

14  the DROP for a period of time not to exceed 60 calendar months

15  immediately following the effective date of the DROP, except a

16  member of the Special Risk Class who has reached normal

17  retirement date prior to the effective date of the DROP and

18  whose total accrued value exceeds 75 percent of average final

19  compensation as of his or her effective date of retirement

20  shall be eligible to participate in the DROP for no more than

21  36 calendar months immediately following the effective date of

22  the DROP.

23         2.  Upon deciding to participate in the DROP, the

24  member shall submit, on forms required by the division:

25         a.  A written election to participate in the DROP;

26         b.  Selection of the DROP participation and termination

27  dates, which satisfy the limitations stated in paragraph (a)

28  and subparagraph 1. Such termination date shall be in a

29  binding letter of resignation with the employer, establishing

30  a deferred termination date. The member may change the

31  termination date within the limitations of subparagraph 1.,

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    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  but only with the written approval of his or her employer;

  2         c.  A properly completed DROP application for service

  3  retirement as provided in this section; and

  4         d.  Any other information required by the division.

  5         3.  The DROP participant shall be a retiree under the

  6  Florida Retirement System for all purposes, except for

  7  paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363,

  8  121.053, and 121.122. However, participation in the DROP does

  9  not alter the participant's employment status and such

10  employee shall not be deemed retired from employment until his

11  or her deferred resignation is effective and termination

12  occurs as provided in s. 121.021(39).

13         4.  Elected officers shall be eligible to participate

14  in the DROP subject to the following:

15         a.  An elected officer who reaches normal retirement

16  date during a term of office may defer the election to

17  participate in the DROP until the next succeeding term in that

18  office. Such elected officer who exercises this option may

19  participate in the DROP for up to 60 calendar months or a

20  period of no longer than such succeeding term of office,

21  whichever is less.

22         b.  An elected or a nonelected participant may run for

23  a term of office while participating in DROP and, if elected,

24  extend the DROP termination date accordingly, except, however,

25  if such additional term of office exceeds the 60-month

26  limitation established in subparagraph 1., and the officer

27  does not resign from office within such 60-month limitation,

28  the retirement and the participant's DROP shall be null and

29  void as provided in sub-subparagraph (c)5.d.

30         c.  An elected officer who is dually employed and

31  elects to participate in DROP shall be required to satisfy the

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    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  definition of termination within the 60-month limitation

  2  period as provided in subparagraph 1. for the nonelected

  3  position and may continue employment as an elected officer as

  4  provided in s. 121.053. The elected officer will be enrolled

  5  as a renewed member in the Elected Officers' Class or the

  6  Regular Class, as provided in ss. 121.053 and 121.22, on the

  7  first day of the month after termination of employment in the

  8  nonelected position and termination of DROP. Distribution of

  9  the DROP benefits shall be made as provided in paragraph (c).

10         d.  An elected officer who is elected or appointed to

11  an elective office is not subject to termination limitations

12  as provided in chapter 121.

13         Section 15.  Paragraph (b) of subsection (9) and

14  paragraph (b) of subsection (13) of section 121.091, Florida

15  Statutes, are 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         (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--

30         (b)1.  Any person who is retired under this chapter,

31  except under the disability retirement provisions of

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 622674





  1  subsection (4), may be reemployed by any private or public

  2  employer after retirement and receive retirement benefits and

  3  compensation from his or her employer without any limitations,

  4  except that a person may not receive both a salary from

  5  reemployment with any agency participating in the Florida

  6  Retirement System and retirement benefits under this chapter

  7  for a period of 12 months immediately subsequent to the date

  8  of retirement. However, a DROP participant shall continue

  9  employment and receive a salary during the period of

10  participation in the Deferred Retirement Option Program, as

11  provided in subsection (13).

12         2.  Any person to whom the limitation in subparagraph

13  1. applies who violates such reemployment limitation and who

14  is reemployed with any agency participating in the Florida

15  Retirement System before completion of the 12-month limitation

16  period shall give timely notice of this fact in writing to the

17  employer and to the division and shall have his or her

18  retirement benefits suspended for the balance of the 12-month

19  limitation period.  Any person employed in violation of this

20  paragraph and any employing agency which knowingly employs or

21  appoints such person without notifying the Division of

22  Retirement to suspend retirement benefits shall be jointly and

23  severally liable for reimbursement to the retirement trust

24  fund of any benefits paid during the reemployment limitation

25  period.  To avoid liability, such employing agency shall have

26  a written statement from the retiree that he or she is not

27  retired from a state-administered retirement system.  Any

28  retirement benefits received while reemployed during this

29  reemployment limitation period shall be repaid to the

30  retirement trust fund, and retirement benefits shall remain

31  suspended until such repayment has been made.  Benefits

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  suspended beyond the reemployment limitation shall apply

  2  toward repayment of benefits received in violation of the

  3  reemployment limitation.

  4         3.  A district school board may reemploy a retired

  5  member as a substitute or hourly teacher, education

  6  paraprofessional, transportation assistant, bus driver, or

  7  food service worker on a noncontractual basis after he or she

  8  has been retired for 1 calendar month, in accordance with s.

  9  121.021(39).  Any retired member who is reemployed within 1

10  calendar month after retirement shall void his or her

11  application for retirement benefits. District school boards

12  reemploying such teachers, education paraprofessionals,

13  transportation assistants, bus drivers, or food service

14  workers are subject to the retirement contribution required by

15  subparagraph 7.  Reemployment of a retired member as a

16  substitute or hourly teacher, education paraprofessional,

17  transportation assistant, bus driver, or food service worker

18  is limited to 780 hours during the first 12 months of his or

19  her retirement.  Any retired member reemployed for more than

20  780 hours during his or her first 12 months of retirement

21  shall give timely notice in writing to the employer and to the

22  division of the date he or she will exceed the limitation.

23  The division shall suspend his or her retirement benefits for

24  the remainder of the first 12 months of retirement.  Any

25  person employed in violation of this subparagraph and any

26  employing agency which knowingly employs or appoints such

27  person without notifying the Division of Retirement to suspend

28  retirement benefits shall be jointly and severally liable for

29  reimbursement to the retirement trust fund of any benefits

30  paid during the reemployment limitation period.  To avoid

31  liability, such employing agency shall have a written

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  statement from the retiree that he or she is not retired from

  2  a state-administered retirement system.  Any retirement

  3  benefits received by a retired member while reemployed in

  4  excess of 780 hours during the first 12 months of retirement

  5  shall be repaid to the Retirement System Trust Fund, and his

  6  or her retirement benefits shall remain suspended until

  7  repayment is made.  Benefits suspended beyond the end of the

  8  retired member's first 12 months of retirement shall apply

  9  toward repayment of benefits received in violation of the

10  780-hour reemployment limitation.

11         4.  A community college board of trustees may reemploy

12  a retired member as an adjunct instructor, that is, an

13  instructor who is noncontractual and part-time, or as a

14  participant in a phased retirement program within the Florida

15  Community College System, after he or she has been retired for

16  1 calendar month, in accordance with s. 121.021(39).  Any

17  retired member who is reemployed within 1 calendar month after

18  retirement shall void his or her application for retirement

19  benefits.  Boards of trustees reemploying such instructors are

20  subject to the retirement contribution required in

21  subparagraph 7.  A retired member may be reemployed as an

22  adjunct instructor for no more than 780 hours during the first

23  12 months of retirement.  Any retired member reemployed for

24  more than 780 hours during the first 12 months of retirement

25  shall give timely notice in writing to the employer and to the

26  division of the date he or she will exceed the limitation.

27  The division shall suspend his or her retirement benefits for

28  the remainder of the first 12 months of retirement.  Any

29  person employed in violation of this subparagraph and any

30  employing agency which knowingly employs or appoints such

31  person without notifying the Division of Retirement to suspend

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  retirement benefits shall be jointly and severally liable for

  2  reimbursement to the retirement trust fund of any benefits

  3  paid during the reemployment limitation period.  To avoid

  4  liability, such employing agency shall have a written

  5  statement from the retiree that he or she is not retired from

  6  a state-administered retirement system.  Any retirement

  7  benefits received by a retired member while reemployed in

  8  excess of 780 hours during the first 12 months of retirement

  9  shall be repaid to the Retirement System Trust Fund, and

10  retirement benefits shall remain suspended until repayment is

11  made.  Benefits suspended beyond the end of the retired

12  member's first 12 months of retirement shall apply toward

13  repayment of benefits received in violation of the 780-hour

14  reemployment limitation.

15         5.  The State University System may reemploy a retired

16  member as an adjunct faculty member or as a participant in a

17  phased retirement program within the State University System

18  after the retired member has been retired for 1 calendar

19  month, in accordance with s. 121.021(39).  Any retired member

20  who is reemployed within 1 calendar month after retirement

21  shall void his or her application for retirement benefits.

22  The State University System is subject to the retired

23  contribution required in subparagraph 7., as appropriate. A

24  retired member may be reemployed as an adjunct faculty member

25  or a participant in a phased retirement program for no more

26  than 780 hours during the first 12 months of his or her

27  retirement.  Any retired member reemployed for more than 780

28  hours during the first 12 months of retirement shall give

29  timely notice in writing to the employer and to the division

30  of the date he or she will exceed the limitation.  The

31  division shall suspend his or her retirement benefits for the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  remainder of the first 12 months of retirement.  Any person

  2  employed in violation of this subparagraph and any employing

  3  agency which knowingly employs or appoints such person without

  4  notifying the Division of Retirement to suspend retirement

  5  benefits shall be jointly and severally liable for

  6  reimbursement to the retirement trust fund of any benefits

  7  paid during the reemployment limitation period.  To avoid

  8  liability, such employing agency shall have a written

  9  statement from the retiree that he or she is not retired from

10  a state-administered retirement system.  Any retirement

11  benefits received by a retired member while reemployed in

12  excess of 780 hours during the first 12 months of retirement

13  shall be repaid to the Retirement System Trust Fund, and

14  retirement benefits shall remain suspended until repayment is

15  made.  Benefits suspended beyond the end of the retired

16  member's first 12 months of retirement shall apply toward

17  repayment of benefits received in violation of the 780-hour

18  reemployment limitation.

19         6.  The Board of Trustees of the Florida School for the

20  Deaf and the Blind may reemploy a retired member as a

21  substitute teacher, substitute residential instructor, or

22  substitute nurse on a noncontractual basis after he or she has

23  been retired for 1 calendar month, in accordance with s.

24  121.021(39).  Any retired member who is reemployed within 1

25  calendar month after retirement shall void his or her

26  application for retirement benefits. The Board of Trustees of

27  the Florida School for the Deaf and the Blind reemploying such

28  teachers, residential instructors, or nurses is subject to the

29  retirement contribution required by subparagraph 7.

30  Reemployment of a retired member as a substitute teacher,

31  substitute residential instructor, or substitute nurse is

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  limited to 780 hours during the first 12 months of his or her

  2  retirement.  Any retired member reemployed for more than 780

  3  hours during the first 12 months of retirement shall give

  4  timely notice in writing to the employer and to the division

  5  of the date he or she will exceed the limitation. The division

  6  shall suspend his or her retirement benefits for the remainder

  7  of the first 12 months of retirement.  Any person employed in

  8  violation of this subparagraph and any employing agency which

  9  knowingly employs or appoints such person without notifying

10  the Division of Retirement to suspend retirement benefits

11  shall be jointly and severally liable for reimbursement to the

12  retirement trust fund of any benefits paid during the

13  reemployment limitation period.  To avoid liability, such

14  employing agency shall have a written statement from the

15  retiree that he or she is not retired from a

16  state-administered retirement system.  Any retirement benefits

17  received by a retired member while reemployed in excess of 780

18  hours during the first 12 months of retirement shall be repaid

19  to the Retirement System Trust Fund, and his or her retirement

20  benefits shall remain suspended until payment is made.

21  Benefits suspended beyond the end of the retired member's

22  first 12 months of retirement shall apply toward repayment of

23  benefits received in violation of the 780-hour reemployment

24  limitation.

25         7.  The employment by an employer of any retiree or

26  DROP participant of any state-administered retirement system

27  shall have no effect on the average final compensation or

28  years of creditable service of the retiree or DROP

29  participant.  Prior to July 1, 1991, upon employment of any

30  person, other than an elected officer as provided in s.

31  121.053, who has been retired under any state-administered

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  retirement program, the employer shall pay retirement

  2  contributions in an amount equal to the unfunded actuarial

  3  liability portion of the employer contribution which would be

  4  required for regular members of the Florida Retirement System.

  5  Effective July 1, 1991, contributions shall be made as

  6  provided in s. 121.122 for retirees with renewed membership or

  7  subsection (13) with respect to DROP participants.

  8         8.  Any person who has previously retired and who is

  9  holding an elective public office or an appointment to an

10  elective public office eligible for the Elected Officers'

11  Class on or after July 1, 1990, shall be enrolled in the

12  Florida Retirement System as provided in s. 121.053(1)(b) or,

13  if holding an elective public office that does not qualify for

14  the Elected Officers' Class on or after July 1, 1991, shall be

15  enrolled in the Florida Retirement System as provided in s.

16  121.122, and shall continue to receive retirement benefits as

17  well as compensation for the elected officer's service for as

18  long as he or she remains in elective office. However, any

19  retired member who served in an elective office prior to July

20  1, 1990, suspended his or her retirement benefit, and had his

21  or her Florida Retirement System membership reinstated shall,

22  upon retirement from such office, have his or her retirement

23  benefit recalculated to include the additional service and

24  compensation earned.

25         9.  Any person who is holding an elective public office

26  which is covered by the Florida Retirement System and who is

27  concurrently employed in nonelected covered employment may

28  elect to retire while continuing employment in the elective

29  public office, provided that he or she shall be required to

30  terminate his or her nonelected covered employment.  Any

31  person who exercises this election shall receive his or her

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  retirement benefits in addition to the compensation of the

  2  elective office without regard to the time limitations

  3  otherwise provided in this subsection.  No person who seeks to

  4  exercise the provisions of this subparagraph, as the same

  5  existed prior to May 3, 1984, shall be deemed to be retired

  6  under those provisions, unless such person is eligible to

  7  retire under the provisions of this subparagraph, as amended

  8  by chapter 84-11, Laws of Florida.

  9         10.  The limitations of this paragraph apply to

10  reemployment in any capacity with an "employer" as defined in

11  s. 121.021(10), irrespective of the category of funds from

12  which the person is compensated.

13         11.  An employing agency may reemploy a retired member

14  as a firefighter or paramedic after the retired member has

15  been retired for 1 calendar month, in accordance with s.

16  121.021(39). Any retired member who is reemployed within 1

17  calendar month after retirement shall void his or her

18  application for retirement benefits. The employing agency

19  reemploying such firefighter or paramedic is subject to the

20  retired contribution required in subparagraph 8. Reemployment

21  of a retired firefighter or paramedic is limited to no more

22  than 780 hours during the first 12 months of his or her

23  retirement. Any retired member reemployed for more than 780

24  hours during the first 12 months of retirement shall give

25  timely notice in writing to the employer and to the division

26  of the date he or she will exceed the limitation. The division

27  shall suspend his or her retirement benefits for the remainder

28  of the first 12 months of retirement. Any person employed in

29  violation of this subparagraph and any employing agency which

30  knowingly employs or appoints such person without notifying

31  the Division of Retirement to suspend retirement benefits

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  shall be jointly and severally liable for reimbursement to the

  2  Retirement System Trust Fund of any benefits paid during the

  3  reemployment limitation period. To avoid liability, such

  4  employing agency shall have a written statement from the

  5  retiree that he or she is not retired from a

  6  state-administered retirement system. Any retirement benefits

  7  received by a retired member while reemployed in excess of 780

  8  hours during the first 12 months of retirement shall be repaid

  9  to the Retirement System Trust Fund, and retirement benefits

10  shall remain suspended until repayment is made. Benefits

11  suspended beyond the end of the retired member's first 12

12  months of retirement shall apply toward repayment of benefits

13  received in violation of the 780-hour reemployment limitation.

14         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,

15  and subject to the provisions of this section, the Deferred

16  Retirement Option Program, hereinafter referred to as the

17  DROP, is a program under which an eligible member of the

18  Florida  Retirement System may elect to participate, deferring

19  receipt of retirement benefits while continuing employment

20  with his or her Florida Retirement System employer. The

21  deferred monthly benefits shall accrue in the System Trust

22  Fund on behalf of the participant, plus interest compounded

23  monthly, for the specified period of the DROP participation,

24  as provided in paragraph (c). Upon termination of employment,

25  the participant shall receive the total DROP benefits and

26  begin to receive the previously determined normal retirement

27  benefits. Participation in the DROP does not guarantee

28  employment for the specified period of DROP.

29         (b)  Participation in the DROP.--

30         1.  An eligible member may elect to participate in the

31  DROP for a period not to exceed a maximum of 60 calendar

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  months immediately following the date on which the member

  2  first reaches his or her normal retirement date or the date to

  3  which he or she is eligible to defer his or her election to

  4  participate as provided in subparagraph (a)2. However, a

  5  member who has reached normal retirement date prior to the

  6  effective date of the DROP shall be eligible to participate in

  7  the DROP for a period of time not to exceed 60 calendar months

  8  immediately following the effective date of the DROP, except a

  9  member of the Special Risk Class who has reached normal

10  retirement date prior to the effective date of the DROP and

11  whose total accrued value exceeds 75 percent of average final

12  compensation as of his or her effective date of retirement

13  shall be eligible to participate in the DROP for no more than

14  36 calendar months immediately following the effective date of

15  the DROP.

16         2.  Upon deciding to participate in the DROP, the

17  member shall submit, on forms required by the division:

18         a.  A written election to participate in the DROP;

19         b.  Selection of the DROP participation and termination

20  dates, which satisfy the limitations stated in paragraph (a)

21  and subparagraph 1. Such termination date shall be in a

22  binding letter of resignation with the employer, establishing

23  a deferred termination date. The member may change the

24  termination date within the limitations of subparagraph 1.,

25  but only with the written approval of his or her employer;

26         c.  A properly completed DROP application for service

27  retirement as provided in this section; and

28         d.  Any other information required by the division.

29         3.  The DROP participant shall be a retiree under the

30  Florida Retirement System for all purposes, except for

31  paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363,

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  121.053, and 121.122. However, participation in the DROP does

  2  not alter the participant's employment status and such

  3  employee shall not be deemed retired from employment until his

  4  or her deferred resignation is effective and termination

  5  occurs as provided in s. 121.021(39).

  6         4.  Elected officers shall be eligible to participate

  7  in the DROP subject to the following:

  8         a.  An elected officer who reaches normal retirement

  9  date during a term of office may defer the election to

10  participate in the DROP until the next succeeding term in that

11  office. Such elected officer who exercises this option may

12  participate in the DROP for up to 60 calendar months or a

13  period of no longer than such succeeding term of office,

14  whichever is less.

15         b.  An elected or a nonelected participant may run for

16  a term of office while participating in DROP and, if elected,

17  extend the DROP termination date accordingly, except, however,

18  if such additional term of office exceeds the 60-month

19  limitation established in subparagraph 1., and the officer

20  does not resign from office within such 60-month limitation,

21  the retirement and the participant's DROP shall be null and

22  void as provided in sub-subparagraph (c)5.d.

23         c.  An elected officer who is dually employed and

24  elects to participate in DROP shall be required to satisfy the

25  definition of termination within the 60-month limitation

26  period as provided in subparagraph 1. for the nonelected

27  position and may continue employment as an elected officer as

28  provided in s. 121.053. The elected officer will be enrolled

29  as a renewed member in the Elected Officers' Class or the

30  Regular Class, as provided in ss. 121.053 and 121.22, on the

31  first day of the month after termination of employment in the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 807, 1st Eng.

    Amendment No. ___   Barcode 622674





  1  nonelected position and termination of DROP. Distribution of

  2  the DROP benefits shall be made as provided in paragraph (c).

  3         d.  An elected officer who is elected or appointed to

  4  an elective office is not subject to termination limitations

  5  as provided in chapter 121.

  6         Section 16.  Subsections (2) and (9) of section

  7  121.0515, Florida Statutes, are amended to read:

  8         121.0515  Special risk membership.--

  9         (2)  CRITERIA.--A member, to be designated as a special

10  risk member, must meet the following criteria:

11         (a)  The member must be employed as a law enforcement

12  officer and be certified, or required to be certified, in

13  compliance with s. 943.1395; however, sheriffs and elected

14  police chiefs shall be excluded from meeting the certification

15  requirements of this paragraph.  In addition, the member's

16  duties and responsibilities must include the pursuit,

17  apprehension, and arrest of law violators or suspected law

18  violators; or the member must be an active member of a bomb

19  disposal unit whose primary responsibility is the location,

20  handling, and disposal of explosive devices; or the member

21  must be the supervisor or command officer of a member or

22  members who have such responsibilities; provided, however,

23  administrative support personnel, including, but not limited

24  to, those whose primary duties and responsibilities are in

25  accounting, purchasing, legal, and personnel, shall not be

26  included;

27         (b)  The member must be employed as a firefighter and

28  be certified, or required to be certified, in compliance with

29  s. 633.35 and be employed solely within the fire department of

30  a local government employer or an agency of state government

31  with firefighting responsibilities. In addition, the member's

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  1  duties and responsibilities must include on-the-scene fighting

  2  of fires, fire prevention, or firefighter training; direct

  3  supervision of firefighting units, fire prevention, or

  4  firefighter training; or aerial firefighting surveillance

  5  performed by fixed-wing aircraft pilots employed by the

  6  Division of Forestry of the Department of Agriculture and

  7  Consumer Services; or the member must be the supervisor or

  8  command officer of a member or members who have such

  9  responsibilities; provided, however, administrative support

10  personnel, including, but not limited to, those whose primary

11  duties and responsibilities are in accounting, purchasing,

12  legal, and personnel, shall not be included and further

13  provided that all periods of creditable service in fire

14  prevention or firefighter training, or as the supervisor or

15  command officer of a member or members who have such

16  responsibilities, and for which the employer paid the special

17  risk contribution rate, shall be included;

18         (c)  The member must be employed as a correctional

19  officer and be certified, or required to be certified, in

20  compliance with s. 943.1395.  In addition, the member's

21  primary duties and responsibilities must be the custody, and

22  physical restraint when necessary, of prisoners or inmates

23  within a prison, jail, or other criminal detention facility,

24  or while on work detail outside the facility, or while being

25  transported; or the member must be the supervisor or command

26  officer of a member or members who have such responsibilities;

27  provided, however, administrative support personnel,

28  including, but not limited to, those whose primary duties and

29  responsibilities are in accounting, purchasing, legal, and

30  personnel, shall not be included; however, wardens and

31  assistant wardens, as defined by rule, shall participate in

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  1  the Special Risk Class;

  2         (d)  The member must be employed by a licensed Advance

  3  Life Support (ALS) or Basic Life Support (BLS) employer as an

  4  emergency medical technician or a paramedic and be certified

  5  in compliance with s. 401.27.  In addition, the member's

  6  primary duties and responsibilities must include on-the-scene

  7  emergency medical care or direct supervision of emergency

  8  medical technicians or paramedics, or the member must be the

  9  supervisor or command officer of one or more members who have

10  such responsibility.  However, administrative support

11  personnel, including, but not limited to, those whose primary

12  responsibilities are in accounting, purchasing, legal, and

13  personnel, shall not be included;

14         (e)  The member must be employed as a community-based

15  correctional probation officer and be certified, or required

16  to be certified, in compliance with s. 943.1395.  In addition,

17  the member's primary duties and responsibilities must be the

18  supervised custody, surveillance, control, investigation, and

19  counseling of assigned inmates, probationers, parolees, or

20  community controllees within the community; or the member must

21  be the supervisor of a member or members who have such

22  responsibilities. Administrative support personnel, including,

23  but not limited to, those whose primary duties and

24  responsibilities are in accounting, purchasing, legal

25  services, and personnel management, shall not be included;

26  however, probation and parole circuit and deputy circuit

27  administrators shall participate in the Special Risk Class; or

28         (f)  The member must be employed in one of the

29  following classes and must spend at least 75 percent of his or

30  her time performing duties which involve contact with patients

31  or inmates in a correctional or forensic facility or

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  1  institution:

  2         1.  Dietitian (class codes 5203 and 5204).

  3         2.  Public health nutrition consultant (class code

  4  5224).

  5         3.  Psychological specialist (class codes 5230 and

  6  5231).

  7         4.  Psychologist (class code 5234).

  8         5.  Senior psychologist (class codes 5237 and 5238).

  9         6.  Regional mental health consultant (class code

10  5240).

11         7.  Psychological Services Director--DCF (class code

12  5242).

13         8.  Pharmacist (class codes 5245 and 5246).

14         9.  Senior pharmacist (class codes 5248 and 5249).

15         10.  Dentist (class code 5266).

16         11.  Senior dentist (class code 5269).

17         12.  Registered nurse (class codes 5290 and 5291).

18         13.  Senior registered nurse (class codes 5292 and

19  5293).

20         14.  Registered nurse specialist (class codes 5294 and

21  5295).

22         15.  Clinical associate (class codes 5298 and 5299).

23         16.  Advanced registered nurse practitioner (class

24  codes 5297 and 5300).

25         17.  Advanced registered nurse practitioner specialist

26  (class codes 5304 and 5305).

27         18.  Registered nurse supervisor (class codes 5306 and

28  5307).

29         19.  Senior registered nurse supervisor (class codes

30  5308 and 5309).

31         20.  Registered nursing consultant (class codes 5312

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  1  and 5313).

  2         21.  Quality management program supervisor (class code

  3  5314).

  4         22.  Executive nursing director (class codes 5320 and

  5  5321).

  6         23.  Speech and hearing therapist (class code 5406); or

  7         24.  Pharmacy manager (class code 5251).

  8         (g)  The member must be employed as a youth custody

  9  officer and be certified, or required to be certified, in

10  compliance with s. 943.1395. In addition, the member's primary

11  duties and responsibilities must be the supervised custody,

12  surveillance, control, investigation, apprehension, arrest,

13  and counseling of assigned juveniles within the community.

14         (9)  CREDIT FOR UPGRADED SERVICE.--

15         (a)  Any member of the Special Risk Class who has

16  earned creditable service in another membership class of the

17  Florida Retirement System as an emergency medical technician

18  or paramedic, which service is within the purview of the

19  Special Risk Class, may purchase additional retirement credit

20  to upgrade such service to Special Risk Class service, to the

21  extent of the percentages of the member's average final

22  compensation provided in s. 121.091(1)(a)2. Contributions for

23  upgrading such service to Special Risk Class credit under this

24  subsection shall be equal to the difference in the

25  contributions paid and the Special Risk Class contribution

26  rate as a percentage of gross salary in effect for the period

27  being claimed, plus interest thereon at the rate of 6.5

28  percent a year, compounded annually until the date of payment.

29  This service credit may be purchased by the employer on behalf

30  of the member.

31         (b)  Any member of the Special Risk Class who has

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  1  earned creditable service in another membership class of the

  2  Florida Retirement System whose responsibilities included fire

  3  prevention or firefighter training, which service is within

  4  the purview of the Special Risk Class, may purchase additional

  5  retirement credit to upgrade such service to Special Risk

  6  Class service, to the extent of the percentages of the

  7  member's average final compensation provided in s.

  8  121.091(1)(a)2. Contributions for upgrading such service to

  9  Special Risk Class credit under this subsection shall be equal

10  to the difference in the contributions paid and the Special

11  Risk Class contribution rate as a percentage of gross salary

12  in effect for the period being claimed, plus interest thereon

13  at the rate of 6.5 percent a year, compounded annually until

14  the date of payment. This service credit may be purchased by

15  the employer on behalf of the member.

16         Section 17.  It is the intent of the Legislature that

17  any additional cost attributable to the upgrade in the

18  retirement benefits for special risk members who have provided

19  fire prevention or firefighter training above the

20  contributions paid at the time of service shall be funded by

21  recognition of the necessary amount from the excess actuarial

22  assets of the Florida Retirement System Trust Fund.

23         Section 18.  Paragraph (a) of subsection (22) and

24  paragraph (b) of subsection (47) of section 121.021, Florida

25  Statutes, are amended to read:

26         121.021  Definitions.--The following words and phrases

27  as used in this chapter have the respective meanings set forth

28  unless a different meaning is plainly required by the context:

29         (22)  "Compensation" means the monthly salary paid a

30  member by his or her employer for work performed arising from

31  that employment.

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  1         (a)  Compensation shall include:

  2         1.  Overtime payments paid from a salary fund.

  3         2.  Accumulated annual leave payments.

  4         3.  Payments in addition to the employee's base rate of

  5  pay if all the following apply:

  6         a.  The payments are paid according to a formal written

  7  policy that applies to all eligible employees equally;

  8         b.  The policy provides that payments shall commence no

  9  later than the 11th year of employment;

10         c.  The payments are paid for as long as the employee

11  continues his or her employment; and

12         d.  The payments are paid at least annually.

13         4.  Amounts withheld for tax sheltered annuities or

14  deferred compensation programs, or any other type of salary

15  reduction plan authorized under the Internal Revenue Code.

16         5.  Payments made in lieu of a permanent increase in

17  the base rate of pay, whether made annually or in 12 or 26

18  equal payments within a 12-month period, when the member's

19  base pay is at the maximum of his or her pay range. When a

20  portion of a member's annual increase raises his or her pay

21  range and the excess is paid as a lump sum payment, such lump

22  sum payment shall be compensation for retirement purposes.

23         6.  Effective July 1, 2002, salary supplements made

24  pursuant to ss. 231.700 and 236.08106 requiring a valid

25  National Board for Professional Standards certificate or

26  equivalent status as provided in s. 231.700(3)(e)5.,

27  notwithstanding the provisions of subparagraph 3.

28         (47)  "Bonus" means a payment made in addition to an

29  employee's regular or overtime salary. A bonus is usually

30  nonrecurring, does not increase the employee's base rate of

31  pay, and includes no commitment for payment in a subsequent

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  1  year. Such payments are not considered compensation. Effective

  2  July 1, 1989, employers may not report such payments to the

  3  division as salary, and may not make retirement contributions

  4  on such payments.

  5         (b)  Bonuses shall include, but not be limited to, the

  6  following:

  7         1.  Exit bonus or severance pay.

  8         2.  Longevity payments in conformance with the

  9  provisions of paragraph (a).

10         3.  Salary increases granted pursuant to an employee's

11  agreement to retire, including increases paid over several

12  months or years prior to retirement.

13         4.  Payments for accumulated overtime or compensatory

14  time, reserve time, or holiday time worked, if not made within

15  11 months of the month in which the work was performed.

16         5.  Quality Instruction Incentives Program (QUIIP)

17  Payments.

18         5.6.  Lump sum payments in recognition of employees'

19  accomplishments.

20         Section 19.  This act shall take effect June 1, 2002.

21

22

23  ================ T I T L E   A M E N D M E N T ===============

24  And the title is amended as follows:

25         Delete everything before the enacting clause

26

27  and insert:

28         An act relating to the Florida Retirement

29         System; amending s. 121.4501, F.S., relating to

30         the Public Employee Optional Retirement

31         Program; amending the definition of "eligible

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  1         employee"; providing for an extension of time

  2         to transfer assets from the defined benefit

  3         plan in the event of market disruption;

  4         providing for acceptance of rollovers;

  5         requiring that the election be filed with the

  6         third-party administrator; amending the

  7         earnings rate for funds in the suspense account

  8         to be invested by the board; providing for

  9         spousal notification of designation of

10         beneficiary; providing for spousal rollovers to

11         an eligible retirement plan; providing

12         authorization for statements under oath;

13         amending s. 110.123, F.S.; redefining the term

14         "retired state officer or employee" or

15         "retiree" to include an officer or employee who

16         retires under the Public Employee Optional

17         Retirement Program under certain circumstances;

18         amending s. 110.205, F.S.; granting senior

19         management service benefits to county health

20         department directors and administrators;

21         amending ss. 121.052, 121.055, and 121.071,

22         F.S.; amending s. 121.052, F.S.; revising the

23         membership requirements of the Elected

24         Officers' Class of the system to include

25         certain sheriffs and clerks of the circuit

26         court; making the date for payment of

27         retirement contributions consistent under the

28         Florida Retirement System defined benefit and

29         defined contribution programs; providing

30         eligibility of certain officials for membership

31         in the Senior Management Service Class of the

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  1         Florida Retirement System; revising provisions

  2         governing contributions to the Senior

  3         Management Service Optional Annuity Program;

  4         amending s. 121.35, F.S.; authorizing

  5         contributions to the optional retirement

  6         program in the form of rollovers or direct

  7         trustee-to-trustee transfers; expanding the

  8         methods for disbursing benefits; amending s.

  9         121.4501, F.S., relating to the Public Employee

10         Optional Retirement Program; updating

11         definitions; establishing dates on which

12         present value calculations are based;

13         conforming election provisions for local

14         government employees to provisions applicable

15         to other employees; providing for the effective

16         date of enrollment for certain employers;

17         providing for the transfer of contributions

18         under certain circumstances; transferring

19         certain provisions relating to payment of

20         benefits to s. 121.591, F.S., as created in the

21         act; amending s. 121.571, F.S., relating to

22         employer contributions to the Public Employee

23         Optional Retirement Program; adjusting rates;

24         making the date for payment of retirement

25         contributions consistent under the Florida

26         Retirement System defined benefit and defined

27         contribution programs; creating s. 121.591,

28         F.S., relating to benefits payable under the

29         Public Employee Optional Retirement Program;

30         providing for payment of the normal benefit

31         upon termination; providing for disability

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  1         retirement benefits; providing for transfer of

  2         certain funds; specifying eligibility

  3         requirements; providing procedure and required

  4         documentation; providing for computation of the

  5         disability benefit; providing for

  6         reapplication; providing for membership;

  7         providing an option to cancel; providing for

  8         reexamination and other matters relating to

  9         recovery from disability; providing

10         nonadmissible causes of disability; providing

11         for disability retirement of justices or

12         judges; providing for payment of death

13         benefits; providing for spousal notification in

14         certain cases; updating death benefit

15         distribution provisions to conform to recent

16         changes in federal law; providing protection of

17         benefits from assignment, execution, etc.;

18         providing a declaration of important state

19         interest; authorizing the Department of

20         Management Services to contract with a private

21         company to administer the disability benefit

22         program; authorizing the department to provide

23         for an alternative method to administer and

24         fund disability benefits; requiring the

25         department to seek a private letter ruling from

26         the Internal Revenue Service with respect to

27         the disability retirement program; providing

28         rulemaking authority; amending s. 121.053,

29         F.S., relating to termination requirements and

30         benefits of elected officers participating in

31         the Deferred Retirement Option Program

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  1         termination requirements for elected officers;

  2         amending s. 121.091, F.S.; authorizing an

  3         employing agency to reemploy a retired member

  4         as a firefighter or paramedic after a specified

  5         period; eliminating an exemption from

  6         termination limitations provided for elected

  7         officers; amending s. 121.0515, F.S.; providing

  8         for including service in fire prevention or

  9         firefighter training as creditable service;

10         authorizing certain employees to purchase

11         additional retirement credit; providing

12         legislative intent with respect to funding

13         retirement benefits; amending s. 121.021, F.S.;

14         redefining the terms "compensation" and "bonus"

15         for purposes of the system; providing an

16         effective date.

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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