Senate Bill sb0420c1

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    Florida Senate - 2007                            CS for SB 420

    By the Committee on Governmental Operations; and Senator
    Lawson




    585-2077-07

  1                      A bill to be entitled

  2         An act relating to state retirement programs;

  3         amending s. 121.051, F.S.; revising conditions

  4         for membership in the State Community College

  5         System Optional Retirement Program; amending s.

  6         121.35, F.S.; revising conditions for

  7         membership in the State University System

  8         Optional Retirement Program; authorizing

  9         transfer of funds for specified earned credit

10         between the Florida Retirement System and such

11         optional retirement program; authorizing a

12         transfer of membership between the State

13         University System Optional Retirement Program

14         and the Florida Retirement System; amending s.

15         121.4501, F.S.; redefining the term "eligible

16         employee" for purposes of the Public Employee

17         Optional Retirement Program; revising

18         conditions for participation in the Public

19         Employee Optional Retirement Program; providing

20         an effective date.

21  

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

23  

24         Section 1.  Paragraph (c) of subsection (2) of section

25  121.051, Florida Statutes, is amended to read:

26         121.051  Participation in the system.--

27         (2)  OPTIONAL PARTICIPATION.--

28         (c)  Employees of public community colleges or charter

29  technical career centers sponsored by public community

30  colleges, as designated in s. 1000.21(3), who are members of

31  the Regular Class of the Florida Retirement System and who

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    Florida Senate - 2007                            CS for SB 420
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 1  comply with the criteria set forth in this paragraph and in s.

 2  1012.875 may elect, in lieu of participating in the Florida

 3  Retirement System, to withdraw from the Florida Retirement

 4  System altogether and participate in an optional retirement

 5  program provided by the employing agency under s. 1012.875, to

 6  be known as the State Community College System Optional

 7  Retirement Program. Pursuant thereto:

 8         1.  Through June 30, 2001, the cost to the employer for

 9  such annuity shall equal the normal cost portion of the

10  employer retirement contribution which would be required if

11  the employee were a member of the Regular Class defined

12  benefit program, plus the portion of the contribution rate

13  required by s. 112.363(8) that would otherwise be assigned to

14  the Retiree Health Insurance Subsidy Trust Fund. Effective

15  July 1, 2001, each employer shall contribute on behalf of each

16  participant in the optional program an amount equal to 10.43

17  percent of the participant's gross monthly compensation. The

18  employer shall deduct an amount to provide for the

19  administration of the optional retirement program. The

20  employer providing the optional program shall contribute an

21  additional amount to the Florida Retirement System Trust Fund

22  equal to the unfunded actuarial accrued liability portion of

23  the Regular Class contribution rate.

24         2.  The decision to participate in such an optional

25  retirement program shall be irrevocable for as long as the

26  employee holds a position eligible for participation, except

27  as provided in subparagraph 3. Any service creditable under

28  the Florida Retirement System shall be retained after the

29  member withdraws from the Florida Retirement System; however,

30  additional service credit in the Florida Retirement System

31  

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    Florida Senate - 2007                            CS for SB 420
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 1  shall not be earned while a member of the optional retirement

 2  program.

 3         3.  An employee who has elected to participate in the

 4  optional retirement program shall have one opportunity, at the

 5  employee's discretion, to choose to transfer from the optional

 6  retirement program to the defined benefit program of the

 7  Florida Retirement System or to the Public Employee Optional

 8  Retirement Program, subject to the terms of the applicable

 9  optional retirement program contracts.

10         a.  If the employee chooses to move to the Public

11  Employee Optional Retirement Program, any contributions,

12  interest, and earnings creditable to the employee under the

13  State Community College System Optional Retirement Program

14  shall be retained by the employee in the State Community

15  College System Optional Retirement Program, and the applicable

16  provisions of s. 121.4501(4) shall govern the election.

17         b.  If the employee chooses to move to the defined

18  benefit program of the Florida Retirement System, the employee

19  shall receive service credit equal to his or her years of

20  service under the State Community College Optional Retirement

21  Program.

22         (I)  The cost for such credit shall be an amount

23  representing the present value of that employee's accumulated

24  benefit obligation for the affected period of service. The

25  cost shall be calculated as if the benefit commencement occurs

26  on the first date the employee would become eligible for

27  unreduced benefits, using the discount rate and other relevant

28  actuarial assumptions that were used to value the Florida

29  Retirement System defined benefit plan liabilities in the most

30  recent actuarial valuation. The calculation shall include any

31  service already maintained under the defined benefit plan in

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    Florida Senate - 2007                            CS for SB 420
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 1  addition to the years under the State Community College

 2  Optional Retirement Program. The present value of any service

 3  already maintained under the defined benefit plan shall be

 4  applied as a credit to total cost resulting from the

 5  calculation. The division shall ensure that the transfer sum

 6  is prepared using a formula and methodology certified by an

 7  enrolled actuary.

 8         (II)  The employee must transfer from his or her State

 9  Community College System Optional Retirement Program account

10  and from other employee moneys as necessary, a sum

11  representing the present value of that employee's accumulated

12  benefit obligation immediately following the time of such

13  movement, determined assuming that attained service equals the

14  sum of service in the defined benefit program and service in

15  the State Community College System Optional Retirement

16  Program.

17         4.  Participation in the optional retirement program

18  shall be limited to those employees who satisfy the following

19  eligibility criteria:

20         a.  The employee must be otherwise eligible for

21  membership or renewed membership in the Regular Class of the

22  Florida Retirement System, as provided in s. 121.021(11) and

23  (12) or s. 121.122.

24         b.  The employee must be employed in a full-time

25  position classified in the Accounting Manual for Florida's

26  Public Community Colleges as:

27         (I)  Instructional; or

28         (II)  Executive Management, Instructional Management,

29  or Institutional Management, if a community college determines

30  that recruiting to fill a vacancy in the position is to be

31  conducted in the national or regional market, and:

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    Florida Senate - 2007                            CS for SB 420
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 1         (A)  The duties and responsibilities of the position

 2  include either the formulation, interpretation, or

 3  implementation of policies; or

 4         (B)  The duties and responsibilities of the position

 5  include the performance of functions that are unique or

 6  specialized within higher education and that frequently

 7  involve the support of the mission of the community college.

 8         c.  The employee must be employed in a position not

 9  included in the Senior Management Service Class of the Florida

10  Retirement System, as described in s. 121.055.

11         5.  Participants in the program are subject to the same

12  reemployment limitations, renewed membership provisions, and

13  forfeiture provisions as are applicable to regular members of

14  the Florida Retirement System under ss. 121.091(9), 121.122,

15  and 121.091(5), respectively.

16         6.  Eligible community college employees shall be

17  compulsory members of the Florida Retirement System until,

18  pursuant to the procedures set forth in s. 1012.875, a written

19  election to withdraw from the Florida Retirement System and to

20  participate in the State Community College Optional Retirement

21  Program is filed with the program administrator and received

22  by the division.

23         a.  Any community college employee whose program

24  eligibility results from initial employment shall be enrolled

25  in the State Community College Optional Retirement Program

26  retroactive to the first day of eligible employment. The

27  employer retirement contributions paid through the month of

28  the employee plan change shall be transferred to the community

29  college for the employee's optional program account, and,

30  effective the first day of the next month, the employer shall

31  pay the applicable contributions based upon subparagraph 1.

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    Florida Senate - 2007                            CS for SB 420
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 1         b.  Any community college employee whose program

 2  eligibility results from a change in status due to the

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

 4  those specified in subparagraph 4. or due to the employee's

 5  appointment, promotion, transfer, or reclassification to a

 6  position specified in subparagraph 4. shall be enrolled in the

 7  program upon the first day of the first full calendar month

 8  that such change in status becomes effective. The employer

 9  retirement contributions paid from the effective date through

10  the month of the employee plan change shall be transferred to

11  the community college for the employee's optional program

12  account, and, effective the first day of the next month, the

13  employer shall pay the applicable contributions based upon

14  subparagraph 1.

15         7.  Effective July 1, 2003, through December 31, 2008,

16  any participant of the State Community College Optional

17  Retirement Program who has service credit in the defined

18  benefit plan of the Florida Retirement System for the period

19  between his or her first eligibility to transfer from the

20  defined benefit plan to the optional retirement program and

21  the actual date of transfer may, during his or her employment,

22  elect to transfer to the optional retirement program a sum

23  representing the present value of the accumulated benefit

24  obligation under the defined benefit retirement program for

25  such period of service credit. Upon such transfer, all such

26  service credit previously earned under the defined benefit

27  program of the Florida Retirement System during this period

28  shall be nullified for purposes of entitlement to a future

29  benefit under the defined benefit program of the Florida

30  Retirement System.

31  

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    Florida Senate - 2007                            CS for SB 420
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 1         Section 2.  Paragraph (a) of subsection (2) and

 2  paragraphs (e) and (g) of subsection (3) of section 121.35,

 3  Florida Statutes, are amended, and paragraph (i) is added to

 4  subsection (3), to read:

 5         121.35  Optional retirement program for the State

 6  University System.--

 7         (2)  ELIGIBILITY FOR PARTICIPATION IN OPTIONAL

 8  PROGRAM.--

 9         (a)  Participation in the optional retirement program

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

11  otherwise eligible for membership or renewed membership in the

12  Florida Retirement System and who are employed in one of the

13  following State University System positions:

14         1.  Positions classified as instructional and research

15  faculty which are exempt from the career service under the

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

17         2.  Positions classified as administrative and

18  professional which are exempt from the career service under

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

20         3.  The Chancellor and the university presidents.

21         (3)  ELECTION OF OPTIONAL PROGRAM.--

22         (e)  The election by an eligible employee to

23  participate in the optional retirement program shall be

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

25  eligibility requirements specified in subsection (2), except

26  as provided in paragraph (h) or paragraph (i). In the event

27  that an employee participates in the optional retirement

28  program for 90 days or more and is subsequently employed in an

29  administrative or professional position which has been

30  determined by the department, under subparagraph (2)(a)2., to

31  be not otherwise eligible for participation in the optional

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    Florida Senate - 2007                            CS for SB 420
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 1  retirement program, the employee shall continue participation

 2  in the optional program so long as the employee meets the

 3  other eligibility requirements for the program, except as

 4  provided in paragraph (h) or paragraph (i).

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

 6  Florida Retirement System at the time of election to

 7  participate in the optional retirement program shall retain

 8  all retirement service credit earned under the Florida

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

10  credit in the Florida Retirement System shall be earned while

11  the employee participates in the optional program, nor shall

12  the employee be eligible for disability retirement under the

13  Florida Retirement System. An eligible employee may transfer

14  from the Florida Retirement System to his or her accounts

15  under the State University System Optional Retirement Program

16  a sum representing the present value of the employee's

17  accumulated benefit obligation under the defined benefit

18  program of the Florida Retirement System for any service

19  credit accrued from the employee's first eligible transfer

20  date to the optional retirement program through the actual

21  date of such transfer, if such service credit was earned in

22  the period from July 1, 1984, through December 31, 1992. The

23  present value of the employee's accumulated benefit obligation

24  shall be calculated as described in s. 121.4501(3)(c)2. Upon

25  such transfer, all such service credit previously earned under

26  the defined benefit program of the Florida Retirement System

27  during this period shall be nullified for purposes of

28  entitlement to a future benefit under the defined benefit

29  program of the Florida Retirement System.

30         (i)  Effective January 1, 2008, through December 31,

31  2008, except for an employee who is a mandatory participant of

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    Florida Senate - 2007                            CS for SB 420
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 1  the State University System Optional Retirement Program, an

 2  employee who has elected to participate in the State

 3  University System Optional Retirement Program shall have one

 4  opportunity, at the employee's discretion, to choose to

 5  transfer from this program to the defined benefit program of

 6  the Florida Retirement System or to the Public Employee

 7  Optional Retirement Program, subject to the terms of the

 8  applicable contracts of the State University System Optional

 9  Retirement Program.

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

11  Employee Optional Retirement Program, any contributions,

12  interest, and earnings creditable to the employee under the

13  State University System Optional Retirement Program shall be

14  retained by the employee in the State University System

15  Optional Retirement Program, and the applicable provisions of

16  s. 121.4501(4) shall govern the election.

17         2.  If the employee chooses to move to the defined

18  benefit program of the Florida Retirement System, the employee

19  shall receive service credit equal to his or her years of

20  service under the State University System Optional Retirement

21  Program.

22         a.  The cost for such credit shall be an amount

23  representing the actuarial accrued liability for the affected

24  period of service. The cost shall be calculated using the

25  discount rate and other relevant actuarial assumptions that

26  were used to value the Florida Retirement System defined

27  benefit plan liabilities in the most recent actuarial

28  valuation. The calculation shall include any service already

29  maintained under the defined benefit plan in addition to the

30  years under the State University System Optional Retirement

31  Program. The actuarial accrued liability of any service

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    Florida Senate - 2007                            CS for SB 420
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 1  already maintained under the defined benefit plan shall be

 2  applied as a credit to total cost resulting from the

 3  calculation. The division shall ensure that the transfer sum

 4  is prepared using a formula and methodology certified by an

 5  enrolled actuary.

 6         b.  The employee must transfer from his or her State

 7  University System Optional Retirement Program account, and

 8  from other employee moneys as necessary, a sum representing

 9  the actuarial accrued liability immediately following the time

10  of such movement, determined assuming that attained service

11  equals the sum of service in the defined benefit program and

12  service in the State University System Optional Retirement

13  Program.

14         Section 3.  Paragraph (f) of subsection (2) and

15  paragraph (a) of subsection (4) of section 121.4501, Florida

16  Statutes, are amended to read:

17         121.4501  Public Employee Optional Retirement

18  Program.--

19         (2)  DEFINITIONS.--As used in this part, the term:

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

21  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, including any renewed member of

24  the Florida Retirement System; or

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

26  the Senior Management Service Optional Annuity Program as

27  established under s. 121.055(6), or the State Community

28  College Optional Retirement Program as established under s.

29  121.051(2)(c),; or

30  

31  

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

 2  participate in, the State University System Optional

 3  Retirement Program established under s. 121.35.

 4  

 5  The term does not include any member participating in the

 6  Deferred Retirement Option Program established under s.

 7  121.091(13) or a mandatory participant of the State University

 8  System Optional Retirement Program or any employee

 9  participating in an optional retirement program established

10  under s. 121.35.

11         (4)  PARTICIPATION; ENROLLMENT.--

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

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

14  by a state employer:

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

16  Public Employee Optional Retirement Program in lieu of

17  retaining his or her membership in the defined benefit program

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

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

20  third-party administrator by August 31, 2002, or, in the case

21  of an active employee who is on a leave of absence on April 1,

22  2002, by the last business day of the 5th month following the

23  month the leave of absence concludes. This election is

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

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

26  of the Public Employee Optional Retirement Program, the

27  employee's membership in the Florida Retirement System shall

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

29  membership in the defined benefit program of the Florida

30  Retirement System shall terminate. The employee's enrollment

31  in the Public Employee Optional Retirement Program shall be

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    Florida Senate - 2007                            CS for SB 420
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 1  effective the first day of the month for which a full month's

 2  employer contribution is made to the optional program.

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

 4  in the Public Employee Optional Retirement Program within the

 5  prescribed time period is deemed to have elected to retain

 6  membership in the defined benefit program of the Florida

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

 8  participate in the optional program is forfeited.

 9         2.  With respect to employees who become eligible to

10  participate in the Public Employee Optional Retirement Program

11  by reason of employment in a regularly established position

12  with a state employer commencing after April 1, 2002:

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

14  the defined benefit retirement program of the Florida

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

16  by the last business day of the 5th month following the

17  employee's month of hire, elect to participate in the Public

18  Employee Optional Retirement Program. The employee's election

19  must be made in writing or by electronic means and must be

20  filed with the third-party administrator. The election to

21  participate in the optional program is irrevocable, except as

22  provided in paragraph (e).

23         b.  If the employee files such election within the

24  prescribed time period, enrollment in the optional program

25  shall be effective on the first day of employment. The

26  employer retirement contributions paid through the month of

27  the employee plan change shall be transferred to the optional

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

29  employer shall pay the applicable contributions based on the

30  employee membership class in the optional program.

31  

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    Florida Senate - 2007                            CS for SB 420
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 1         c.  Any such employee who fails to elect to participate

 2  in the Public Employee Optional Retirement Program within the

 3  prescribed time period is deemed to have elected to retain

 4  membership in the defined benefit program of the Florida

 5  Retirement System, and the employee's option to elect to

 6  participate in the optional program is forfeited.

 7         3.  With respect to employees who become eligible to

 8  participate in the Public Employee Optional Retirement Program

 9  pursuant to s. 121.051(2)(c)3. or s. 121.35(3)(i), any such

10  employee may elect to participate in the Public Employee

11  Optional Retirement Program in lieu of retaining his or her

12  participation in the State Community College Optional

13  Retirement Program or the State University System Optional

14  Retirement Program. The election must be made in writing or by

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

16  administrator. This election is irrevocable, except as

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

18  employee shall be enrolled as a participant of the Public

19  Employee Optional Retirement Program, the employee's

20  membership in the Florida Retirement System shall be governed

21  by the provisions of this part, and the employee's

22  participation in the State Community College Optional

23  Retirement Program or the State University System Optional

24  Retirement Program 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         4.  For purposes of this paragraph, "state employer"

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

30  college, department, institution, institution of higher

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

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    Florida Senate - 2007                            CS for SB 420
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 1  participates in the Florida Retirement System for the benefit

 2  of certain employees.

 3         Section 4.  This act shall take effect July 1, 2007.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                         Senate Bill 420

 7                                 

 8  The Committee Substitute provides the correct actuarial
    standard for the transfer of member account balances and
 9  further provides a defined period of time, from January 1
    through December 31, 2008 for participants to change plans.
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