| 1 | A bill to be entitled |
| 2 | An act relating to the Florida Retirement System; amending |
| 3 | s. 121.055, F.S.; authorizing certain positions in the |
| 4 | offices of the capital collateral regional counsels to be |
| 5 | designated for inclusion in the Senior Management Service |
| 6 | Class; providing requirements for such inclusion; |
| 7 | providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Paragraph (h) of subsection (1) of section |
| 12 | 121.055, Florida Statutes, is amended to read: |
| 13 | 121.055 Senior Management Service Class.--There is hereby |
| 14 | established a separate class of membership within the Florida |
| 15 | Retirement System to be known as the "Senior Management Service |
| 16 | Class," which shall become effective February 1, 1987. |
| 17 | (1) |
| 18 | (h)1. Except as provided in subparagraph 3., effective |
| 19 | January 1, 1994, participation in the Senior Management Service |
| 20 | Class shall be compulsory for the State Courts Administrator and |
| 21 | the Deputy State Courts Administrators, the Clerk of the Supreme |
| 22 | Court, the Marshal of the Supreme Court, the Executive Director |
| 23 | of the Justice Administrative Commission, the capital collateral |
| 24 | regional counsel, the clerks of the district courts of appeals, |
| 25 | the marshals of the district courts of appeals, and the trial |
| 26 | court administrator and the Chief Deputy Court Administrator in |
| 27 | each judicial circuit. Effective January 1, 1994, additional |
| 28 | positions in the offices of the state attorney and public |
| 29 | defender in each judicial circuit and in the offices of the |
| 30 | capital collateral regional counsel in each region may be |
| 31 | designated for inclusion in the Senior Management Service Class |
| 32 | of the Florida Retirement System, provided that: |
| 33 | a. Positions to be included in the class shall be |
| 34 | designated by the state attorney, or public defender, or capital |
| 35 | collateral regional counsel, as appropriate. Notice of intent to |
| 36 | designate positions for inclusion in the class shall be |
| 37 | published once a week for 2 consecutive weeks in a newspaper of |
| 38 | general circulation published in the county or counties |
| 39 | affected, as provided in chapter 50. |
| 40 | b. One nonelective full-time position may be designated |
| 41 | for each state attorney, and public defender, and capital |
| 42 | collateral regional counsel reporting to the Department of |
| 43 | Management Services; for agencies with 200 or more regularly |
| 44 | established positions under the state attorney, or public |
| 45 | defender, or capital collateral regional counsel, additional |
| 46 | nonelective full-time positions may be designated, not to exceed |
| 47 | 0.5 percent of the regularly established positions within the |
| 48 | agency. |
| 49 | c. Each position added to the class must be a managerial |
| 50 | or policymaking position filled by an employee who serves at the |
| 51 | pleasure of the state attorney, or public defender, or capital |
| 52 | collateral regional counsel without civil service protection, |
| 53 | and who: |
| 54 | (I) Heads an organizational unit; or |
| 55 | (II) Has responsibility to effect or recommend personnel, |
| 56 | budget, expenditure, or policy decisions in his or her areas of |
| 57 | responsibility. |
| 58 | 2. Participation in this class shall be compulsory, except |
| 59 | as provided in subparagraph 3., for any judicial employee who |
| 60 | holds a position designated for coverage in the Senior |
| 61 | Management Service Class, and such participation shall continue |
| 62 | until the employee terminates employment in a covered position. |
| 63 | Effective January 1, 2001, participation in this class is |
| 64 | compulsory for assistant state attorneys, assistant statewide |
| 65 | prosecutors, assistant public defenders, and assistant capital |
| 66 | collateral regional counsel. Effective January 1, 2002, |
| 67 | participation in this class is compulsory for assistant |
| 68 | attorneys general. |
| 69 | 3. In lieu of participation in the Senior Management |
| 70 | Service Class, such members, excluding assistant state |
| 71 | attorneys, assistant public defenders, assistant statewide |
| 72 | prosecutors, assistant attorneys general, and assistant capital |
| 73 | collateral regional counsel, may participate in the Senior |
| 74 | Management Service Optional Annuity Program as established in |
| 75 | subsection (6). |
| 76 | Section 2. This act shall take effect July 1, 2010. |