HB 1543

1	A bill to be entitled
2	An act relating to public retirement plans; amending s.
3	112.63, F.S.; requiring that a retirement system or plan
4	include in its actuarial report a projection of the
5	employer's annual required contributions and an experience
6	study; requiring that an enrolled actuary explain
7	variances in assumptions and actual experience and provide
8	recommendations; amending s. 112.65, F.S.; limiting the
9	benefits payable to a member of a retirement system or
10	plan who has not attained 10 years of service by a certain
11	date; amending s. 112.66, F.S.; requiring the board of
12	trustees of a retirement system or plan to provide an
13	account report of its expenses to the Department of
14	Management Services and to submit its proposed
15	administrative expense budget to the plan sponsor within a
16	certain timeframe; amending s. 121.021, F.S.; revising the
17	definition of the terms "member," "special risk member,"
18	"normal retirement date," and "phased retirement program"
19	for purposes of the Florida Retirement System; amending s.
20	amending s. 121.0515, F.S.; revising provisions to conform
21	to the repeal of certain classes within the system;
22	revising the calculations used for upgrading a special
23	risk member's contributions for past service; repealing s.
24	121.052, F.S., relating to the membership class of elected
25	officers; repealing the Elected Officers' Class within the
26	system; repealing s. 121.053, F.S., relating to
27	participation in the Elected Officers' Class for retired
28	members; repealing s. 121.055, F.S., relating to the
29	Senior Management Service Class; repealing the Senior
30	Management Service Class within the system; amending s.
31	121.091, F.S.; limiting the factoring of overtime into any
32	pension benefit; reducing service credit for special risk
33	members; amending s. 175.041, F.S.; revising the
34	applicability of ch. 175, F.S., to firefighters who are
35	eligible for the Florida Retirement System; amending s.
36	175.061, F.S.; limiting the number of trustees of a
37	firefighters' pension trust fund who may also be members
38	of the plan; amending s. 175.091, F.S.; removing an
39	adjustment requirement for member contribution rates to a
40	retirement plan for firefighters; amending s. 175.162,
41	F.S.; deleting a provision relating to inadequate state
42	contribution for additional retirement benefits; amending
43	s. 175.351, F.S.; revising provisions relating to benefits
44	paid from the premium tax by a municipality or special
45	fire control district that has its own pension plan;
46	amending s. 175.371, F.S.; revising provisions relating to
47	benefits payable by an existing plan when a firefighter
48	transfers to another retirement system; creating s.
49	175.372, F.S.; providing for the payment of benefits under
50	another retirement system and the use of premium tax
51	moneys; amending s. 185.02, F.S.; redefining the term
52	"compensation" for purposes of calculating police
53	pensions; amending s. 185.03, F.S.; revising the
54	applicability of ch. 185, F.S., to police officers who are
55	eligible for the Florida Retirement System; amending s.
56	185.05, F.S.; limiting the number of trustees of a police
57	officers' pension trust fund who may also be members of
58	the plan; amending s. 185.07, F.S.; removing an adjustment
59	requirement for member contribution rates to a retirement
60	plan for police officers; amending s. 185.16, F.S.;
61	deleting a provision relating to inadequate state
62	contributions for additional retirement benefits; amending
63	s. 185.35, F.S.; revising provisions relating to benefits
64	paid by a municipality that has its own pension plan;
65	amending s. 185.38, F.S.; revising provisions relating to
66	benefits payable by an existing plan when a police officer
67	transfers to another retirement system; creating s.
68	185.381, F.S.; providing for the payment of benefits under
69	another retirement system and the use of premium tax
70	moneys; amending ss. 110.205, 112.363, 121.051, 121.071,
71	121.081, 121.122, 121.35, 121.4501, 121.571, 121.71,
72	121.72, 121.73, 122.16, 238.181, and 1012.875, F.S.;
73	revising provisions to conform to the repeal of certain
74	classes within the system; providing that any elected
75	official convicted of a crime, or who is forced to resign
76	his or her office as a result of a plea bargain, shall
77	forfeit any pension benefit administered by this state or
78	any political subdivision thereof; providing a declaration
79	of important state interest; providing an effective date.
80
81	Be It Enacted by the Legislature of the State of Florida:
82
83	Section 1.  Paragraph (w) of subsection (2) of section
84	110.205, Florida Statutes, is amended to read:
85	110.205  Career service; exemptions.-
86	(2)  EXEMPT POSITIONS.-The exempt positions that are not
87	covered by this part include the following:
88	(w)  Managerial employees, as defined in s. 447.203(4),
89	confidential employees, as defined in s. 447.203(5), and
90	supervisory employees who spend the majority of their time
91	communicating with, motivating, training, and evaluating
92	employees, and planning and directing employees' work, and who
93	have the authority to hire, transfer, suspend, lay off, recall,
94	promote, discharge, assign, reward, or discipline subordinate
95	employees or effectively recommend such action, including all
96	employees serving as supervisors, administrators, and directors.
97	Excluded are employees also designated as special risk or
98	special risk administrative support and attorneys who serve as
99	administrative law judges pursuant to s. 120.65 or for hearings
100	conducted pursuant to s. 120.57(1)(a). Additionally, registered
101	nurses licensed under chapter 464, dentists licensed under
102	chapter 466, psychologists licensed under chapter 490 or chapter
103	491, nutritionists or dietitians licensed under part X of
104	chapter 468, pharmacists licensed under chapter 465,
105	psychological specialists licensed under chapter 491, physical
106	therapists licensed under chapter 486, and speech therapists
107	licensed under part I of chapter 468 are excluded, unless
108	otherwise collectively bargained.
109	Section 2.  Paragraph (e) of subsection (2) of section
110	112.363, Florida Statutes, is amended to read:
111	112.363  Retiree health insurance subsidy.-
112	(2)  ELIGIBILITY FOR RETIREE HEALTH INSURANCE SUBSIDY.-
113	(e)  Participants in the Senior Management Service Optional
114	Annuity Program as provided in s. 121.055(6) and the State
115	University System Optional Retirement Program as provided in s.
116	121.35 shall not receive the retiree health insurance subsidy
117	provided in this section. The employer of such participant shall
118	pay the contributions required in subsection (8) to the annuity
119	program provided in s. 121.055(6)(d) or s. 121.35(4)(a), as
120	applicable.
121	Section 3.  Paragraph (g) is added to subsection (1) of
122	section 112.63, Florida Statutes, and subsection (7) is added to
123	that section, to read:
124	112.63  Actuarial reports and statements of actuarial
125	impact; review.-
126	(1)  Each retirement system or plan subject to the
127	provisions of this act shall have regularly scheduled actuarial
128	reports prepared and certified by an enrolled actuary. The
129	actuarial report shall consist of, but shall not be limited to,
130	the following:
131	(g)  A 5-year projection of the employer's annual required
132	contributions for each of the 5 fiscal years immediately
133	following the date of the actuarial report and which is based on
134	actual experience for the preceding 5-year period and the
135	current assumptions and cost methods of the retirement system or
136	plan.
137
138	The actuarial cost methods utilized for establishing the amount
139	of the annual actuarial normal cost to support the promised
140	benefits shall only be those methods approved in the Employee
141	Retirement Income Security Act of 1974 and as permitted under
142	regulations prescribed by the Secretary of the Treasury.
143	(7)  Each retirement system or plan must have an experience
144	study prepared and certified by an enrolled actuary at least
145	once every 5 years. The experience study must compare the
146	retirement system's or plan's actual experience on key factors,
147	including, but not limited to, investment return, payroll
148	growth, employee salary changes, employee retirement rates, and
149	employee turnover, along with the retirement system's or plan's
150	assumptions on each factor. If a retirement system's or plan's
151	actual experience materially varies from a retirement system or
152	plan assumption, the enrolled actuary shall explain the material
153	variance and provide a recommendation as to whether a change in
154	the assumption is appropriate.
155	Section 4.  Subsection (1) of section 112.65, Florida
156	Statutes, is amended to read:
157	112.65  Limitation of benefits.-
158	(1)  ESTABLISHMENT OF PROGRAM.-
159	(a)  On or after January 1, 1980, the normal retirement
160	benefit or pension payable to a retiree who becomes a member of
161	a any retirement system or plan and who has not previously
162	participated in such system or plan may, on or after January 1,
163	1980, shall not exceed 100 percent of his or her average final
164	compensation.
165	(b)  Notwithstanding paragraph (a), the normal retirement
166	benefit or pension payable to a member of a retirement system or
167	plan who has not attained 10 years of credited service under
168	such a system or plan by July 1, 2010, may not exceed 70 percent
169	of his or her highest annual base pay, excluding overtime and
170	other additional compensation. However, if the member's employer
171	does not participate in the federal Social Security Act for such
172	member, the normal retirement benefit or pension payable to the
173	member may not exceed 90 percent of his or her highest annual
174	base pay, excluding overtime and other additional compensation.
175	However, nothing contained in
176	(c)  This section does not shall apply to supplemental
177	retirement benefits or to pension increases attributable to
178	cost-of-living increases or adjustments. For the purposes of
179	this section, benefits accruing in individual participant
180	accounts established under the Public Employee Optional
181	Retirement Program established in part II of chapter 121 are
182	considered supplemental benefits.
183	(d)  As used in this section, the term "average final
184	compensation" means the average of the member's earnings over a
185	period of time which the governmental entity has established by
186	statute, charter, or ordinance.
187	Section 5.  Subsection (11) is added to section 112.66,
188	Florida Statutes, to read:
189	112.66  General provisions.-The following general
190	provisions relating to the operation and administration of any
191	retirement system or plan covered by this part shall be
192	applicable:
193	(11)  The board of trustees of each retirement system or
194	plan shall:
195	(a)  Provide a detailed accounting report of its expenses
196	for each fiscal year to the plan sponsor and the Department of
197	Management Services and shall make the report available to every
198	member of the retirement system or plan. The report must
199	include, but need not be limited to, all administrative
200	expenses, which are defined for the purpose of this subsection
201	as all expenses relating to any legal counsel, actuary, plan
202	administrator, and all other consultants, and all travel and
203	other expenses paid to or on behalf of the members of the board
204	of trustees or anyone else on behalf of the retirement system or
205	plan.
206	(b)  Submit its proposed administrative expense budget for
207	each fiscal year at least 120 days before the beginning of the
208	fiscal year to the plan sponsor for review and approval. The
209	expense budget must regulate the administrative expenses of the
210	board of trustees. The board of trustees may not amend the
211	budget without the prior approval of the plan sponsor.
212	Section 6.  Subsection (12), paragraphs (c), (d), and (e)
213	of subsection (15), and subsections (29) and (43) of section
214	121.021, Florida Statutes, are amended to read:
215	121.021  Definitions.-The following words and phrases as
216	used in this chapter have the respective meanings set forth
217	unless a different meaning is plainly required by the context:
218	(12)  "Member" means any officer or employee who is covered
219	or who becomes covered under this system in accordance with this
220	chapter. On and after December 1, 1970, all new members and
221	those members transferring from existing systems shall be
222	divided into the following classes: "Special Risk Class," as
223	provided in s. 121.0515(2),; "Special Risk Administrative
224	Support Class," as provided in s. 121.0515(7); "Elected
225	Officers' Class," as provided in s. 121.052; "Senior Management
226	Service Class," as provided in s. 121.055; and "Regular Class,"
227	which consists of all members who are not in the Special Risk
228	Class, Special Risk Administrative Support Class, Elected
229	Officers' Class, or Senior Management Service Class.
230	(15)
231	(c)  Effective October 1, 1999, "special risk member" means
232	a member of the Florida Retirement System who is designated as a
233	special risk member by the division in accordance with s.
234	121.0515. Such member must be employed as a law enforcement
235	officer, a firefighter, a correctional officer, an emergency
236	medical technician, or a paramedic and must meet certain other
237	special criteria as set forth in s. 121.0515.
238	(d)1.  Effective January 1, 2001, "special risk member"
239	includes any member who is employed as a community-based
240	correctional probation officer and meets the special criteria
241	set forth in s. 121.0515(2)(e).
242	2.  Effective January 1, 2001, "special risk member"
243	includes any professional health care bargaining unit or non-
244	unit member who is employed by the Department of Corrections or
245	the Department of Children and Family Services and meets the
246	special criteria set forth in s. 121.0515(2)(f).
247	(e)  Effective July 1, 2001, the term "special risk member"
248	includes any member who is employed as a youth custody officer
249	by the Department of Juvenile Justice and meets the special
250	criteria set forth in s. 121.0515(2)(g).
251	(29)  "Normal retirement date" means the date a member
252	attains normal retirement age and is vested, which is determined
253	as follows:
254	(a)  If a Regular Class member, a Senior Management Service
255	Class member, or an Elected Officers' Class member:
256	1.  The first day of the month the member completes 6 or
257	more years of creditable service and attains age 62; or
258	2.  The first day of the month following the date the
259	member completes 30 years of creditable service, regardless of
260	age.
261	(b)  If a Special Risk Class member:
262	1.  The first day of the month the member completes 6 or
263	more years of creditable service in the Special Risk Class and
264	attains age 55;
265	2.  The first day of the month following the date the
266	member completes 25 years of creditable service in the Special
267	Risk Class, regardless of age; or
268	3.  The first day of the month following the date the
269	member completes 25 years of creditable service and attains age
270	52, which service may include a maximum of 4 years of military
271	service credit as long as such credit is not claimed under any
272	other system and the remaining years are in the Special Risk
273	Class.
274
275	"Normal retirement age" is attained on the "normal retirement
276	date."
277	(43)  "Phased retirement program" means a program
278	contracted by the governing board of a university or community
279	college participating under this chapter in which a retiree may
280	be reemployed in a faculty position provided:
281	(a)  The member retired and met the definition of
282	termination under this section;
283	(b)  The retired member is reemployed for not more than 780
284	hours during the first 12 months of his or her retirement; and
285	(c)  The retired member is reemployed with the university
286	or community college from which he or she retired.
287
288	Renewed membership for a retiree participating in a phased
289	retirement program shall be determined in accordance with s.
290	121.053 or s. 121.122.
291	Section 7.  Subsection (1), paragraph (c) of subsection
292	(2), and subsection (9) of section 121.051, Florida Statutes,
293	are amended to read:
294	121.051  Participation in the system.-
295	(1)  COMPULSORY PARTICIPATION.-
296	(a)  Participation in the Florida Retirement System is
297	compulsory for all officers and employees, except elected
298	officers who meet the requirements of s. 121.052(3), who are
299	employed on or after December 1, 1970, by an employer other than
300	those referred to in paragraph (2)(b). Each officer or employee,
301	as a condition of employment, becomes a member of the system on
302	the date of employment, except that a person who is retired from
303	any state retirement system and is reemployed on or after
304	December 1, 1970, may not renew his or her membership in any
305	state retirement system except as provided in s. 121.091(4)(h)
306	for a person who recovers from disability, as provided in s.
307	121.053 for a person who is elected to public office, and,
308	effective July 1, 1991, as provided in s. 121.122 for all other
309	retirees.
310	1.  Officers and employees of the University Athletic
311	Association, Inc., a nonprofit association connected with the
312	University of Florida, employed on and after July 1, 1979, may
313	not participate in any state-supported retirement system.
314	2.  Any person appointed on or after July 1, 1989, to a
315	faculty position in a college at the J. Hillis Miller Health
316	Center at the University of Florida or the Medical Center at the
317	University of South Florida which has a faculty practice plan
318	adopted by rule by the Board of Regents may not participate in
319	the Florida Retirement System. Effective July 1, 2008, any
320	person appointed to a faculty position, including clinical
321	faculty, in a college at a state university that has a faculty
322	practice plan authorized by the Board of Governors may not
323	participate in the Florida Retirement System. A faculty member
324	so appointed shall participate in the optional retirement
325	program for the State University System notwithstanding s.
326	121.35(2)(a). For purposes of this subparagraph, the term:
327	a.  "Faculty position" means a position assigned the
328	principal responsibility of teaching, research, or public
329	service activities or administrative responsibility directly
330	related to the academic mission of the college.
331	b.  "Clinical faculty" means a faculty position appointment
332	in conjunction with a professional position in a hospital or
333	other clinical environment at a college.
334	c.  "Faculty practice plan" includes professional services
335	to patients, institutions, or other parties which are rendered
336	by the clinical faculty employed by a college that has a faculty
337	practice plan at a state university authorized by the Board of
338	Governors.
339	(b)  After June 30, 1978, the compulsory participation
340	provisions of paragraph (a) shall not be construed to require
341	participation in the Florida Retirement System by a member of an
342	existing system who is reemployed after terminating employment,
343	or who otherwise interrupts his or her employment under an
344	existing system, provided the member leaves his or her
345	accumulated contributions on deposit under the existing system.
346	Such member shall continue to have membership in the existing
347	system upon reemployment or resumption of employment and shall
348	not be permitted to become a member of the Florida Retirement
349	System, except by transferring to the Florida Retirement System
350	as authorized by paragraph (2)(a) or s. 121.052 or by being
351	reemployed after terminating employment and receiving a refund
352	of his or her accumulated contributions made to the existing
353	system.
354	(c)1.  After June 30, 1983, a member of an existing system
355	who is reemployed after terminating employment shall have at the
356	time of reemployment the option of selecting to remain in the
357	existing retirement system or to transfer to the Florida
358	Retirement System. Failure to submit such selection in writing
359	to the Department of Management Services within 6 months of
360	reemployment shall result in compulsory membership in the
361	Florida Retirement System.
362	2.  After June 30, 1988, the provisions of subparagraph 1.
363	shall not apply to a member of an existing system who is
364	reemployed within 12 months after terminating employment. Such
365	member shall continue to have membership in the existing system
366	upon reemployment and shall not be permitted to become a member
367	of the Florida Retirement System, except by transferring to that
368	system as provided in ss. 121.052 and 121.055.
369	(d)  The following persons are not eligible to participate
370	in the Florida Retirement System:
371	1.  Employees of a not-for-profit corporation or
372	association created by the Board of County Commissioners of Palm
373	Beach County for the purpose of owning, operating, or managing a
374	public bus transit system formerly operated or managed by a
375	private corporation subject to 49 U.S.C. s. 5333(b).
376	2.  Persons who perform services as a consultant or an
377	independent contractor, as defined by the division.
378	(2)  OPTIONAL PARTICIPATION.-
379	(c)  Employees of public community colleges or charter
380	technical career centers sponsored by public community colleges,
381	designated in s. 1000.21(3), who are members of the Regular
382	Class of the Florida Retirement System and who comply with the
383	criteria set forth in this paragraph and s. 1012.875 may, in
384	lieu of participating in the Florida Retirement System, elect to
385	withdraw from the system altogether and participate in the State
386	Community College System Optional Retirement Program provided by
387	the employing agency under s. 1012.875.
388	1.  Through June 30, 2001, the cost to the employer for
389	such annuity equals the normal cost portion of the employer
390	retirement contribution which would be required if the employee
391	were a member of the Regular Class defined benefit program, plus
392	the portion of the contribution rate required by s. 112.363(8)
393	which would otherwise be assigned to the Retiree Health
394	Insurance Subsidy Trust Fund. Effective July 1, 2001, each
395	employer shall contribute on behalf of each participant in the
396	optional program an amount equal to 10.43 percent of the
397	participant's gross monthly compensation. The employer shall
398	deduct an amount for the administration of the program. The
399	employer shall contribute an additional amount to the Florida
400	Retirement System Trust Fund equal to the unfunded actuarial
401	accrued liability portion of the Regular Class contribution
402	rate.
403	2.  The decision to participate in an optional retirement
404	program is irrevocable as long as the employee holds a position
405	eligible for participation, except as provided in subparagraph
406	3. Any service creditable under the Florida Retirement System is
407	retained after the member withdraws from the system; however,
408	additional service credit in the system may not be earned while
409	a member of the optional retirement program.
410	3.  An employee who has elected to participate in the
411	optional retirement program shall have one opportunity, at the
412	employee's discretion, to transfer from the optional retirement
413	program to the defined benefit program of the Florida Retirement
414	System or to the Public Employee Optional Retirement Program,
415	subject to the terms of the applicable optional retirement
416	program contracts.
417	a.  If the employee chooses to move to the Public Employee
418	Optional Retirement Program, any contributions, interest, and
419	earnings creditable to the employee under the State Community
420	College System Optional Retirement Program are retained by the
421	employee in the State Community College System Optional
422	Retirement Program, and the applicable provisions of s.
423	121.4501(4) govern the election.
424	b.  If the employee chooses to move to the defined benefit
425	program of the Florida Retirement System, the employee shall
426	receive service credit equal to his or her years of service
427	under the State Community College System Optional Retirement
428	Program.
429	(I)  The cost for such credit is the amount representing
430	the present value of the employee's accumulated benefit
431	obligation for the affected period of service. The cost shall be
432	calculated as if the benefit commencement occurs on the first
433	date the employee becomes eligible for unreduced benefits, using
434	the discount rate and other relevant actuarial assumptions that
435	were used to value the Florida Retirement System defined benefit
436	plan liabilities in the most recent actuarial valuation. The
437	calculation must include any service already maintained under
438	the defined benefit plan in addition to the years under the
439	State Community College System Optional Retirement Program. The
440	present value of any service already maintained must be applied
441	as a credit to total cost resulting from the calculation. The
442	division shall ensure that the transfer sum is prepared using a
443	formula and methodology certified by an enrolled actuary.
444	(II)  The employee must transfer from his or her State
445	Community College System Optional Retirement Program account and
446	from other employee moneys as necessary, a sum representing the
447	present value of the employee's accumulated benefit obligation
448	immediately following the time of such movement, determined
449	assuming that attained service equals the sum of service in the
450	defined benefit program and service in the State Community
451	College System Optional Retirement Program.
452	4.  Participation in the optional retirement program is
453	limited to employees who satisfy the following eligibility
454	criteria:
455	a.  The employee must be otherwise eligible for membership
456	or renewed membership in the Regular Class of the Florida
457	Retirement System, as provided in s. 121.021(11) and (12) or s.
458	121.122.
459	b.  The employee must be employed in a full-time position
460	classified in the Accounting Manual for Florida's Public
461	Community Colleges as:
462	(I)  Instructional; or
463	(II)  Executive Management, Instructional Management, or
464	Institutional Management, if a community college determines that
465	recruiting to fill a vacancy in the position is to be conducted
466	in the national or regional market, and the duties and
467	responsibilities of the position include the formulation,
468	interpretation, or implementation of policies, or the
469	performance of functions that are unique or specialized within
470	higher education and that frequently support the mission of the
471	community college.
472	c.  The employee must be employed in a position not
473	included in the Senior Management Service Class of the Florida
474	Retirement System, as described in s. 121.055.
475	5.  Participants in the program are subject to the same
476	reemployment limitations, renewed membership provisions, and
477	forfeiture provisions as are applicable to regular members of
478	the Florida Retirement System under ss. 121.091(9), 121.122, and
479	121.091(5), respectively. A participant who receives a program
480	distribution funded by employer contributions shall be deemed to
481	be retired from a state-administered retirement system if the
482	participant is subsequently employed with an employer that
483	participates in the Florida Retirement System.
484	6.  Eligible community college employees are compulsory
485	members of the Florida Retirement System until, pursuant to s.
486	1012.875, a written election to withdraw from the system and
487	participate in the State Community College System Optional
488	Retirement Program is filed with the program administrator and
489	received by the division.
490	a.  A community college employee whose program eligibility
491	results from initial employment must be enrolled in the State
492	Community College System Optional Retirement Program retroactive
493	to the first day of eligible employment. The employer retirement
494	contributions paid through the month of the employee plan change
495	shall be transferred to the community college to the employee's
496	optional program account, and, effective the first day of the
497	next month, the employer shall pay the applicable contributions
498	based upon subparagraph 1.
499	b.  A community college employee whose program eligibility
500	is due to the subsequent designation of the employee's position
501	as one of those specified in subparagraph 4., or due to the
502	employee's appointment, promotion, transfer, or reclassification
503	to a position specified in subparagraph 4., must be enrolled in
504	the program on the first day of the first full calendar month
505	that such change in status becomes effective. The employer
506	retirement contributions paid from the effective date through
507	the month of the employee plan change must be transferred to the
508	community college to the employee's optional program account,
509	and, effective the first day of the next month, the employer
510	shall pay the applicable contributions based upon subparagraph
511	1.
512	7.  Effective July 1, 2003, through December 31, 2008, any
513	participant of the State Community College System Optional
514	Retirement Program who has service credit in the defined benefit
515	plan of the Florida Retirement System for the period between his
516	or her first eligibility to transfer from the defined benefit
517	plan to the optional retirement program and the actual date of
518	transfer may, during employment, transfer to the optional
519	retirement program a sum representing the present value of the
520	accumulated benefit obligation under the defined benefit
521	retirement program for the period of service credit. Upon
522	transfer, all service credit previously earned under the defined
523	benefit program of the Florida Retirement System during this
524	period is nullified for purposes of entitlement to a future
525	benefit under the defined benefit program of the Florida
526	Retirement System.
527	(9)  DUAL EMPLOYMENT.-A member may not participate in more
528	than one state-administered retirement system, plan, or class of
529	membership simultaneously. Pursuant thereto:
530	(a)  With respect to any member who is not eligible to
531	participate in the Elected Officers' Class, but who is
532	simultaneously employed in two or more positions covered by
533	different Florida Retirement System classes:
534	1.  The member must participate in the membership class for
535	the position in which he or she is employed the majority of the
536	time: the Regular Class, Senior Management Service Class,
537	Special Risk Class, or Special Risk Administrative Support
538	Class; or
539	2.  If the employment is split equally between or among
540	positions, the member may choose any single class of membership
541	for which he or she is eligible, whether or not the positions
542	are full-time positions. The member's choice must be made in
543	writing and remains in effect as long as the member is employed
544	equally in two or more positions.
545	(b)  Contributions shall be made and creditable service
546	shall be determined as follows:
547	1.  If the member is participating in the Regular Class,
548	retirement contributions shall be made on the total salary the
549	member has received for all covered employment, and at
550	retirement the member's average final compensation shall be
551	calculated on the total salary received from all covered
552	employment.
553	2.  If the member is participating in the Senior Management
554	Service Class, Special Risk Class, or Special Risk
555	Administrative Support Class, retirement contributions shall be
556	made only on the salary received in the designated class of
557	membership. At retirement, the member's average final
558	compensation shall be based only on the salary received in the
559	designated class of membership for any period, including any
560	period of dual employment.
561	Section 8.  Paragraphs (d) through (j) of subsection (2)
562	and subsections (4), (5), and (7) of section 121.0515, Florida
563	Statutes, are amended, and subsections (8) and (9) of that
564	section are renumbered as subsections (7) and (8), respectively,
565	to read:
566	121.0515  Special risk membership.-
567	(2)  CRITERIA.-A member, to be designated as a special risk
568	member, must meet the following criteria:
569	(d)  The member must be employed by a licensed Advance Life
570	Support (ALS) or Basic Life Support (BLS) employer as an
571	emergency medical technician or a paramedic and be certified in
572	compliance with s. 401.27. In addition, the member's primary
573	duties and responsibilities must include on-the-scene emergency
574	medical care or direct supervision of emergency medical
575	technicians or paramedics, or the member must be the supervisor
576	or command officer of one or more members who have such
577	responsibility. However, administrative support personnel,
578	including, but not limited to, those whose primary
579	responsibilities are in accounting, purchasing, legal, and
580	personnel, shall not be included;
581	(e)  The member must be employed as a community-based
582	correctional probation officer and be certified, or required to
583	be certified, in compliance with s. 943.1395. In addition, the
584	member's primary duties and responsibilities must be the
585	supervised custody, surveillance, control, investigation, and
586	counseling of assigned inmates, probationers, parolees, or
587	community controllees within the community; or the member must
588	be the supervisor of a member or members who have such
589	responsibilities. Administrative support personnel, including,
590	but not limited to, those whose primary duties and
591	responsibilities are in accounting, purchasing, legal services,
592	and personnel management, shall not be included; however,
593	probation and parole circuit and deputy circuit administrators
594	shall participate in the Special Risk Class;
595	(f)  The member must be employed in one of the following
596	classes and must spend at least 75 percent of his or her time
597	performing duties which involve contact with patients or inmates
598	in a correctional or forensic facility or institution:
599	1.  Dietitian (class codes 5203 and 5204);
600	2.  Public health nutrition consultant (class code 5224);
601	3.  Psychological specialist (class codes 5230 and 5231);
602	4.  Psychologist (class code 5234);
603	5.  Senior psychologist (class codes 5237 and 5238);
604	6.  Regional mental health consultant (class code 5240);
605	7.  Psychological Services Director-DCF (class code 5242);
606	8.  Pharmacist (class codes 5245 and 5246);
607	9.  Senior pharmacist (class codes 5248 and 5249);
608	10.  Dentist (class code 5266);
609	11.  Senior dentist (class code 5269);
610	12.  Registered nurse (class codes 5290 and 5291);
611	13.  Senior registered nurse (class codes 5292 and 5293);
612	14.  Registered nurse specialist (class codes 5294 and
613	5295);
614	15.  Clinical associate (class codes 5298 and 5299);
615	16.  Advanced registered nurse practitioner (class codes
616	5297 and 5300);
617	17.  Advanced registered nurse practitioner specialist
618	(class codes 5304 and 5305);
619	18.  Registered nurse supervisor (class codes 5306 and
620	5307);
621	19.  Senior registered nurse supervisor (class codes 5308
622	and 5309);
623	20.  Registered nursing consultant (class codes 5312 and
624	5313);
625	21.  Quality management program supervisor (class code
626	5314);
627	22.  Executive nursing director (class codes 5320 and
628	5321);
629	23.  Speech and hearing therapist (class code 5406); or
630	24.  Pharmacy manager (class code 5251);
631	(g)  The member must be employed as a youth custody officer
632	and be certified, or required to be certified, in compliance
633	with s. 943.1395. In addition, the member's primary duties and
634	responsibilities must be the supervised custody, surveillance,
635	control, investigation, apprehension, arrest, and counseling of
636	assigned juveniles within the community; or
637	(h)  Effective October 1, 2005, through June 30, 2008, the
638	member must be employed by a law enforcement agency or medical
639	examiner's office in a forensic discipline recognized by the
640	International Association for Identification and must qualify
641	for active membership in the International Association for
642	Identification. The member's primary duties and responsibilities
643	must include the collection, examination, preservation,
644	documentation, preparation, or analysis of physical evidence or
645	testimony, or both, or the member must be the direct supervisor,
646	quality management supervisor, or command officer of one or more
647	individuals with such responsibility. Administrative support
648	personnel, including, but not limited to, those whose primary
649	responsibilities are clerical or in accounting, purchasing,
650	legal, and personnel, shall not be included.
651	(i)  Effective July 1, 2008, the member must be employed by
652	the Department of Law Enforcement in the crime laboratory or by
653	the Division of State Fire Marshal in the forensic laboratory in
654	one of the following classes:
655	1.  Forensic technologist (class code 8459);
656	2.  Crime laboratory technician (class code 8461);
657	3.  Crime laboratory analyst (class code 8463);
658	4.  Senior crime laboratory analyst (class code 8464);
659	5.  Crime laboratory analyst supervisor (class code 8466);
660	6.  Forensic chief (class code 9602); or
661	7.  Forensic services quality manager (class code 9603).
662	(j)  Effective July 1, 2008, the member must be employed by
663	a local government law enforcement agency or medical examiner's
664	office and must spend at least 65 percent of his or her time
665	performing duties that involve the collection, examination,
666	preservation, documentation, preparation, or analysis of human
667	tissues or fluids or physical evidence having potential
668	biological, chemical, or radiological hazard or contamination,
669	or use chemicals, processes, or materials that may have
670	carcinogenic or health-damaging properties in the analysis of
671	such evidence, or the member must be the direct supervisor of
672	one or more individuals having such responsibility. If a special
673	risk member changes to another position within the same agency,
674	he or she must submit a complete application as provided in
675	paragraph (3)(a).
676	(4)  REMOVAL OF SPECIAL RISK MEMBERSHIP.-
677	(a)  Any member who is a special risk member on October 1,
678	1978, and who fails to meet the criteria for special risk
679	membership established by this section shall have his or her
680	special risk designation removed and thereafter shall be a
681	regular member and shall earn only regular membership credit.
682	The department shall have the authority to review the special
683	risk designation of members to determine whether or not those
684	members continue to meet the criteria for special risk
685	membership.
686	(b)  Any member who is a special risk member on July 1,
687	2008, and who became eligible to participate under paragraph
688	(2)(h) but fails to meet the criteria for special risk
689	membership established by paragraph (2)(i) or paragraph (2)(j)
690	shall have his or her special risk designation removed and
691	thereafter shall be a Regular Class member and earn only Regular
692	Class membership credit. The department may review the special
693	risk designation of members to determine whether or not those
694	members continue to meet the criteria for special risk
695	membership.
696	(5)  CREDIT FOR PAST SERVICE.-A special risk member may
697	purchase retirement credit in the Special Risk Class based upon
698	past service, and may upgrade retirement credit for such past
699	service, to the extent of 2 percent of the member's average
700	monthly compensation as specified in s. 121.091(1)(a) for such
701	service as follows:
702	(a)  The member may purchase special risk credit for past
703	service with a city or special district that which has elected
704	to join the Florida Retirement System, or with a participating
705	agency to which a member's governmental unit was transferred,
706	merged, or consolidated, as provided in s. 121.081(1)(f), if the
707	member was employed with the city or special district at the
708	time it commenced participating in the Florida Retirement System
709	or with the governmental unit at the time of its transfer,
710	merger, or consolidation with the participating agency. The
711	service must satisfy the criteria set forth in subsection (2)
712	for special risk membership as a law enforcement officer,
713	firefighter, or correctional officer; however, a no certificate
714	or waiver of certificate of compliance with s. 943.1395 or s.
715	633.35 is not shall be required for such service.
716	(b)  Contributions for upgrading the first 2 percent of the
717	member's average monthly compensation for the additional special
718	risk credit pursuant to this subsection shall be equal to the
719	difference in the contributions paid and the special risk
720	percentage rate of gross salary in effect at the time of
721	purchase for the period being claimed, plus interest thereon at
722	the rate of 4 percent a year compounded annually from the date
723	of such service until July 1, 1975, and 6.5 percent a year
724	thereafter until the date of payment. This Past service may be
725	purchased by the member or by the employer on behalf of the
726	member.
727	(c)  Contributions for upgrading additional special risk
728	credit greater than 2 percent but not exceeding 3 percent of the
729	member's average monthly compensation must be in an amount
730	representing the actuarial accrued liability for the difference
731	in accrual value during the period of service for which credit
732	is being purchased. Contributions shall be calculated by an
733	actuary designated by the department using the discount rate and
734	other relevant actuarial assumptions used to value the Florida
735	Retirement System defined benefit plan liabilities in the most
736	recent actuarial valuation. The contribution for service credit
737	being purchased must be paid by the member or by the employer on
738	behalf of the member immediately upon notification by the
739	division.
740	(7)  RETENTION OF SPECIAL RISK NORMAL RETIREMENT DATE.-
741	(a)  A special risk member who is moved or reassigned to a
742	nonspecial risk law enforcement, firefighting, correctional, or
743	emergency medical care administrative support position with the
744	same agency, or who is subsequently employed in such a position
745	with any law enforcement, firefighting, correctional, or
746	emergency medical care agency under the Florida Retirement
747	System, shall participate in the Special Risk Administrative
748	Support Class and shall earn credit for such service at the same
749	percentage rate as that earned by a regular member.
750	Notwithstanding the provisions of subsection (4), service in
751	such an administrative support position shall, for purposes of
752	s. 121.091, apply toward satisfaction of the special risk normal
753	retirement date, as defined in s. 121.021(29)(b), provided that,
754	while in such position, the member remains certified as a law
755	enforcement officer, firefighter, correctional officer,
756	emergency medical technician, or paramedic; remains subject to
757	reassignment at any time to a position qualifying for special
758	risk membership; and completes an aggregate of 6 or more years
759	of service as a designated special risk member prior to
760	retirement.
761	(b)  Upon application by a member, the provisions of this
762	subsection shall apply, with respect to such member,
763	retroactively to October 1, 1978, provided that the member was
764	removed from the Special Risk Class effective October 1, 1978,
765	due to a change in special risk criteria as a result of the
766	enactment of chapter 78-308, Laws of Florida, or was reassigned
767	or employed for training or career development or to fill a
768	critical agency need.
769	(c)  The department shall adopt such rules as are required
770	to administer this subsection.
771	Section 9.  Section 121.052, Florida Statutes, is repealed.
772	Section 10.  Section 121.053, Florida Statutes, is
773	repealed.
774	Section 11.  Section 121.055, Florida Statutes, is
775	repealed.
776	Section 12.  Subsections (1) and (4) of section 121.071,
777	Florida Statutes, are amended to read:
778	121.071  Contributions.-Contributions to the system shall
779	be made as follows:
780	(1)  The following tables state the required retirement
781	contribution rates for members of the Regular Class or, Special
782	Risk Class, or Special Risk Administrative Support Class and
783	their employers in terms of a percentage of the member's gross
784	compensation. A change in a contribution rate is effective with
785	the first salary paid on or after the beginning date of the
786	change. Contributions shall be made or deducted as may be
787	appropriate for each pay period and are in addition to the
788	contributions required for social security and the Retiree
789	Health Insurance Subsidy Trust Fund.
790	(a)1.  Retirement contributions for regular members are as
791	follows:
792
	Dates of Contribution  Rate Changes Members Employers
793
794
	July 1, 2001, through June 30, 2002 0% 9.91%
795
796	2.  Effective July 1, 2002, the retirement contributions
797	for regular members shall be specified in s. 121.71.
798	(b)1.  Retirement contributions for special risk members
799	are as follows:
800
	Dates of Contribution  Rate Changes Members Employers
801
802
	July 1, 2001, through June 30, 2002 0% 22.07%
803
804	2.  Effective July 1, 2002, retirement contributions for
805	special risk members shall be specified in s. 121.71.
806	(c)1.  Retirement contributions for special risk
807	administrative support members are as follows:
808
	Dates of Contribution  Rate Changes Members Employers
809
810
	July 1, 2001, through June 30, 2002 0% 12.55%
811
812	2.  Effective July 1, 2002, retirement contributions for
813	special risk administrative support members shall be specified
814	in s. 121.71.
815	(4)  The following table states the required employer
816	contribution on behalf of each member of the Regular Class or,
817	Special Risk Class, or Special Risk Administrative Support Class
818	in terms of a percentage of the member's gross compensation.
819	Such contribution constitutes the entire health insurance
820	subsidy contribution with respect to each such member. A change
821	in the contribution rate is effective with the first salary paid
822	on or after the beginning date of the change. The retiree health
823	insurance subsidy contribution rate is as follows:
824
	Dates of Contribution  Rate Changes ContributionRate
825
	October 1, 1987, through December 31, 1988 0.24%
826
	January 1, 1989, through December 31, 1993 0.48%
827
	January 1, 1994, through December 31, 1994 0.56%
828
	January 1, 1995, through June 30, 1998 0.66%
829
	July 1, 1998, through June 30, 2001 0.94%
830
	Effective July 1, 2001 1.11%
831
832	Such contributions shall be deposited by the administrator in
833	the Retiree Health Insurance Subsidy Trust Fund.
834	Section 13.  Subsection (2) of section 121.081, Florida
835	Statutes, is amended to read:
836	121.081  Past service; prior service; contributions.-
837	Conditions under which past service or prior service may be
838	claimed and credited are:
839	(2)  Prior service, as defined in s. 121.021(19), may be
840	claimed as creditable service under the Florida Retirement
841	System after a member has been reemployed for 1 complete year of
842	creditable service within a period of 12 consecutive months,
843	except as provided in paragraph (c). Service performed as a
844	participant of the optional retirement program for the State
845	University System under s. 121.35 or the Senior Management
846	Service Optional Annuity Program under s. 121.055 may be used to
847	satisfy the reemployment requirement of 1 complete year of
848	creditable service. The member shall not be permitted to make
849	any contributions for prior service until after completion of
850	the 1 year of creditable service. If a member does not wish to
851	claim credit for all of his or her prior service, the service
852	the member claims must be the most recent period of service. The
853	required contributions for claiming the various types of prior
854	service are:
855	(a)  For prior service performed prior to the date the
856	system becomes noncontributory for the member and for which the
857	member had credit under one of the existing retirement systems
858	and received a refund of contributions upon termination of
859	employment, the member shall contribute 4 percent of all salary
860	received during the period being claimed, plus 4-percent
861	interest compounded annually from date of refund until July 1,
862	1975, and 6.5-percent interest compounded annually thereafter,
863	until full payment is made to the Retirement Trust Fund, and
864	shall receive credit in the Regular Class. A member who elected
865	to transfer to the Florida Retirement System from an existing
866	system may receive credit for prior service under the existing
867	system if he or she was eligible under the existing system to
868	claim the prior service at the time of the transfer.
869	Contributions for such prior service shall be determined by the
870	applicable provisions of the system under which the prior
871	service is claimed and shall be paid by the member, with
872	matching contributions paid by the employer at the time the
873	service was performed. Effective July 1, 1978, the account of a
874	person who terminated under s. 238.05(3) may not be charged
875	interest for contributions that remained on deposit in the
876	Annuity Savings Trust Fund established under chapter 238, upon
877	retirement under this chapter or chapter 238.
878	(b)  For prior service performed prior to the date the
879	system becomes noncontributory for the member and for which the
880	member had credit under the Florida Retirement System and
881	received a refund of contributions upon termination of
882	employment, the member shall contribute at the rate that was
883	required of him or her during the period of service being
884	claimed, on all salary received during such period, plus 4-
885	percent interest compounded annually from date of refund until
886	July 1, 1975, and 6.5-percent interest compounded annually
887	thereafter, until the full payment is made to the Retirement
888	Trust Fund, and shall receive credit in the membership class in
889	which the member participated during the period claimed.
890	(c)  For prior service as defined in s. 121.021(19)(b) and
891	(c) during which no contributions were made because the member
892	did not participate in a retirement system, the member shall
893	contribute 14.38 percent of all salary received during such
894	period or 14.38 percent of $100 per month during such period,
895	whichever is greater, plus 4-percent interest compounded
896	annually from the first year of service claimed until July 1,
897	1975, and 6.5-percent interest compounded annually thereafter,
898	until full payment is made to the Retirement Trust Fund, and
899	shall receive credit in the Regular Class.
900	(d)  In order to claim credit for prior service as defined
901	in s. 121.021(19)(d) for which no retirement contributions were
902	paid during the period of such service, the member shall
903	contribute the total employee and employer contributions which
904	were required to be made to the Highway Patrol Pension Trust
905	Fund, as provided in chapter 321, during the period claimed,
906	plus 4-percent interest compounded annually from the first year
907	of service until July 1, 1975, and 6.5-percent interest
908	compounded annually thereafter, until full payment is made to
909	the Retirement Trust Fund. However, any governmental entity
910	which employed such member may elect to pay up to 50 percent of
911	the contributions and interest required to purchase this prior
912	service credit. The service shall be credited in accordance with
913	the provisions of the Highway Patrol Pension Plan in effect
914	during the period claimed unless the member terminated and
915	withdrew his or her retirement contributions and was thereafter
916	enrolled in the State and County Officers and Employees'
917	Retirement System or the Florida Retirement System, in which
918	case the service shall be credited as Regular Class service.
919	(e)  For service performed under the Florida Retirement
920	System after December 1, 1970, that was never reported to the
921	division or the department due to error, retirement credit may
922	be claimed by a member of the Florida Retirement System. The
923	department shall adopt rules establishing criteria for claiming
924	such credit and detailing the documentation required to
925	substantiate the error.
926	(f)  The employer may not be required to make contributions
927	for prior service credit for any member, except that the
928	employer shall pay the employer portion of contributions for any
929	legislator who elects to withdraw from the Florida Retirement
930	System and later rejoins the system and pays any employee
931	contributions required in accordance with s. 121.052(3)(d).
932	Section 14.  Paragraph (a) of subsection (1), subsection
933	(2), paragraph (a) of subsection (3), paragraphs (b) and (c) of
934	subsection (9), and paragraphs (a), (b), (c), and (g) of
935	subsection (13) of section 121.091, Florida Statutes, are
936	amended to read:
937	121.091  Benefits payable under the system.-Benefits may
938	not be paid under this section unless the member has terminated
939	employment as provided in s. 121.021(39)(a) or begun
940	participation in the Deferred Retirement Option Program as
941	provided in subsection (13), and a proper application has been
942	filed in the manner prescribed by the department. The department
943	may cancel an application for retirement benefits when the
944	member or beneficiary fails to timely provide the information
945	and documents required by this chapter and the department's
946	rules. The department shall adopt rules establishing procedures
947	for application for retirement benefits and for the cancellation
948	of such application when the required information or documents
949	are not received.
950	(1)  NORMAL RETIREMENT BENEFIT.-Upon attaining his or her
951	normal retirement date, the member, upon application to the
952	administrator, shall receive a monthly benefit which shall begin
953	to accrue on the first day of the month of retirement and be
954	payable on the last day of that month and each month thereafter
955	during his or her lifetime. The normal retirement benefit,
956	including any past or additional retirement credit, may not
957	exceed 100 percent of the average final compensation. Overtime
958	exceeding 4 percent of the member's compensation beyond base,
959	hourly, or annual salary shall not be factored into any pension
960	benefit. The amount of monthly benefit shall be calculated as
961	the product of A and B, subject to the adjustment of C, if
962	applicable, as set forth below:
963	(a)1.  For creditable years of Regular Class service, A is
964	1.60 percent of the member's average final compensation, up to
965	the member's normal retirement date. Upon completion of the
966	first year after the normal retirement date, A is 1.63 percent
967	of the member's average final compensation. Following the second
968	year after the normal retirement date, A is 1.65 percent of the
969	member's average final compensation. Following the third year
970	after the normal retirement date, and for subsequent years, A is
971	1.68 percent of the member's average final compensation.
972	2.  For creditable years of special risk service, A is:
973	a.  2 two percent of the member's average final
974	compensation, up to the member's normal retirement date for all
975	creditable years prior to October 1, 1974;
976	b.  Three percent of the member's average final
977	compensation for all creditable years after September 30, 1974,
978	and before October 1, 1978;
979	c.  Two percent of the member's average final compensation
980	for all creditable years after September 30, 1978, and before
981	January 1, 1989;
982	d.  Two and two-tenths percent of the member's final
983	monthly compensation for all creditable years after December 31,
984	1988, and before January 1, 1990;
985	e.  Two and four-tenths percent of the member's average
986	final compensation for all creditable years after December 31,
987	1989, and before January 1, 1991;
988	f.  Two and six-tenths percent of the member's average
989	final compensation for all creditable years after December 31,
990	1990, and before January 1, 1992;
991	g.  Two and eight-tenths percent of the member's average
992	final compensation for all creditable years after December 31,
993	1991, and before January 1, 1993;
994	h.  Three percent of the member's average final
995	compensation for all creditable years after December 31, 1992;
996	and
997	i.  Three percent of the member's average final
998	compensation for all creditable years of service after September
999	30, 1978, and before January 1, 1993, for any special risk
1000	member who retires after July 1, 2000, or any member of the
1001	Special Risk Administrative Support Class entitled to retain the
1002	special risk normal retirement date who was a member of the
1003	Special Risk Class during the time period and who retires after
1004	July 1, 2000.
1005	3.  For creditable years of Senior Management Service Class
1006	service after January 31, 1987, A is 2 percent;
1007	4.  For creditable years of Elected Officers' Class service
1008	as a Supreme Court Justice, district court of appeal judge,
1009	circuit judge, or county court judge, A is 3 1/3 percent of the
1010	member's average final compensation, and for all other
1011	creditable service in such class, A is 3 percent of average
1012	final compensation;
1013	(2)  BENEFITS PAYABLE FOR DUAL NORMAL RETIREMENT AGES.-If a
1014	member accumulates retirement benefits to commence at different
1015	normal retirement ages by virtue of having performed duties for
1016	an employer which would entitle him or her to benefits as both a
1017	member of the Special Risk Class and a member of either the
1018	Regular Class, Senior Management Service Class, or Elected
1019	Officers' Class, the amount of benefits payable shall be
1020	computed separately with respect to each such age and the sum of
1021	such computed amounts shall be paid as provided in this section.
1022	(3)  EARLY RETIREMENT BENEFIT.-Upon retirement on his or
1023	her early retirement date, the member shall receive an immediate
1024	monthly benefit that shall begin to accrue on the first day of
1025	the month of the retirement date and be payable on the last day
1026	of that month and each month thereafter during his or her
1027	lifetime. Such benefit shall be calculated as follows:
1028	(a)  The amount of each monthly payment shall be computed
1029	in the same manner as for a normal retirement benefit, in
1030	accordance with subsection (1), but shall be based on the
1031	member's average monthly compensation and creditable service as
1032	of the member's early retirement date. The benefit so computed
1033	shall be reduced by five-twelfths of 1 percent for each complete
1034	month by which the early retirement date precedes the normal
1035	retirement date of age 62 for a member of the Regular Class,
1036	Senior Management Service Class, or the Elected Officers' Class,
1037	and age 55 for a member of the Special Risk Class, or age 52 if
1038	a Special Risk member has completed 25 years of creditable
1039	service in accordance with s. 121.021(29)(b)3.
1040	(9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.-
1041	(b)  Any person whose retirement is effective before July
1042	1, 2010, or whose participation in the Deferred Retirement
1043	Option Program terminates before July 1, 2010, except under the
1044	disability retirement provisions of subsection (4) or as
1045	provided in s. 121.053, may be reemployed by an employer that
1046	participates in a state-administered retirement system and
1047	receive retirement benefits and compensation from that employer,
1048	except that the person may not be reemployed by an employer
1049	participating in the Florida Retirement System before meeting
1050	the definition of termination in s. 121.021 and may not receive
1051	both a salary from the employer and retirement benefits for 12
1052	calendar months immediately subsequent to the date of
1053	retirement. However, a DROP participant shall continue
1054	employment and receive a salary during the period of
1055	participation in the Deferred Retirement Option Program, as
1056	provided in subsection (13).
1057	1.  A retiree who violates such reemployment limitation
1058	before completion of the 12-month limitation period must give
1059	timely notice of this fact in writing to the employer and to the
1060	Division of Retirement or the state board and shall have his or
1061	her retirement benefits suspended for the months employed or the
1062	balance of the 12-month limitation period as required in sub-
1063	subparagraphs b. and c. A retiree employed in violation of this
1064	paragraph and an employer who employs or appoints such person
1065	are jointly and severally liable for reimbursement to the
1066	retirement trust fund, including the Florida Retirement System
1067	Trust Fund and the Public Employee Optional Retirement Program
1068	Trust Fund, from which the benefits were paid. The employer must
1069	have a written statement from the retiree that he or she is not
1070	retired from a state-administered retirement system. Retirement
1071	benefits shall remain suspended until repayment has been made.
1072	Benefits suspended beyond the reemployment limitation shall
1073	apply toward repayment of benefits received in violation of the
1074	reemployment limitation.
1075	a.  A district school board may reemploy a retiree as a
1076	substitute or hourly teacher, education paraprofessional,
1077	transportation assistant, bus driver, or food service worker on
1078	a noncontractual basis after he or she has been retired for 1
1079	calendar month. A district school board may reemploy a retiree
1080	as instructional personnel, as defined in s. 1012.01(2)(a), on
1081	an annual contractual basis after he or she has been retired for
1082	1 calendar month. Any member who is reemployed within 1 calendar
1083	month after retirement shall void his or her application for
1084	retirement benefits. District school boards reemploying such
1085	teachers, education paraprofessionals, transportation
1086	assistants, bus drivers, or food service workers are subject to
1087	the retirement contribution required by subparagraph 2.
1088	b.  A community college board of trustees may reemploy a
1089	retiree as an adjunct instructor or as a participant in a phased
1090	retirement program within the Florida Community College System,
1091	after he or she has been retired for 1 calendar month. A member
1092	who is reemployed within 1 calendar month after retirement shall
1093	void his or her application for retirement benefits. Boards of
1094	trustees reemploying such instructors are subject to the
1095	retirement contribution required in subparagraph 2. A retiree
1096	may be reemployed as an adjunct instructor for no more than 780
1097	hours during the first 12 months of retirement. A retiree
1098	reemployed for more than 780 hours during the first 12 months of
1099	retirement must give timely notice in writing to the employer
1100	and to the Division of Retirement or the state board of the date
1101	he or she will exceed the limitation. The division shall suspend
1102	his or her retirement benefits for the remainder of the 12
1103	months of retirement. Any retiree employed in violation of this
1104	sub-subparagraph and any employer who employs or appoints such
1105	person without notifying the division to suspend retirement
1106	benefits are jointly and severally liable for any benefits paid
1107	during the reemployment limitation period. The employer must
1108	have a written statement from the retiree that he or she is not
1109	retired from a state-administered retirement system. Any
1110	retirement benefits received by the retiree while reemployed in
1111	excess of 780 hours during the first 12 months of retirement
1112	must be repaid to the Florida Retirement System Trust Fund, and
1113	retirement benefits shall remain suspended until repayment is
1114	made. Benefits suspended beyond the end of the retiree's first
1115	12 months of retirement shall apply toward repayment of benefits
1116	received in violation of the 780-hour reemployment limitation.
1117	c.  The State University System may reemploy a retiree as
1118	an adjunct faculty member or as a participant in a phased
1119	retirement program within the State University System after the
1120	retiree has been retired for 1 calendar month. A member who is
1121	reemployed within 1 calendar month after retirement shall void
1122	his or her application for retirement benefits. The State
1123	University System is subject to the retired contribution
1124	required in subparagraph 2., as appropriate. A retiree may be
1125	reemployed as an adjunct faculty member or a participant in a
1126	phased retirement program for no more than 780 hours during the
1127	first 12 months of his or her retirement. A retiree reemployed
1128	for more than 780 hours during the first 12 months of retirement
1129	must give timely notice in writing to the employer and to the
1130	Division of Retirement or the state board of the date he or she
1131	will exceed the limitation. The division shall suspend his or
1132	her retirement benefits for the remainder of the 12 months. Any
1133	retiree employed in violation of this sub-subparagraph and any
1134	employer who employs or appoints such person without notifying
1135	the division to suspend retirement benefits are jointly and
1136	severally liable for any benefits paid during the reemployment
1137	limitation period. The employer must have a written statement
1138	from the retiree that he or she is not retired from a state-
1139	administered retirement system. Any retirement benefits received
1140	by the retiree while reemployed in excess of 780 hours during
1141	the first 12 months of retirement must be repaid to the Florida
1142	Retirement System Trust Fund, and retirement benefits shall
1143	remain suspended until repayment is made. Benefits suspended
1144	beyond the end of the retiree's first 12 months of retirement
1145	shall apply toward repayment of benefits received in violation
1146	of the 780-hour reemployment limitation.
1147	d.  The Board of Trustees of the Florida School for the
1148	Deaf and the Blind may reemploy a retiree as a substitute
1149	teacher, substitute residential instructor, or substitute nurse
1150	on a noncontractual basis after he or she has been retired for 1
1151	calendar month. Any member who is reemployed within 1 calendar
1152	month after retirement shall void his or her application for
1153	retirement benefits. The Board of Trustees of the Florida School
1154	for the Deaf and the Blind reemploying such teachers,
1155	residential instructors, or nurses is subject to the retirement
1156	contribution required by subparagraph 2.
1157	e.  A developmental research school may reemploy a retiree
1158	as a substitute or hourly teacher or an education
1159	paraprofessional as defined in s. 1012.01(2) on a noncontractual
1160	basis after he or she has been retired for 1 calendar month. A
1161	developmental research school may reemploy a retiree as
1162	instructional personnel, as defined in s. 1012.01(2)(a), on an
1163	annual contractual basis after he or she has been retired for 1
1164	calendar month after retirement. Any member who is reemployed
1165	within 1 calendar month voids his or her application for
1166	retirement benefits. A developmental research school that
1167	reemploys retired teachers and education paraprofessionals is
1168	subject to the retirement contribution required by subparagraph
1169	2.
1170	f.  A charter school may reemploy a retiree as a substitute
1171	or hourly teacher on a noncontractual basis after he or she has
1172	been retired for 1 calendar month. A charter school may reemploy
1173	a retired member as instructional personnel, as defined in s.
1174	1012.01(2)(a), on an annual contractual basis after he or she
1175	has been retired for 1 calendar month after retirement. Any
1176	member who is reemployed within 1 calendar month voids his or
1177	her application for retirement benefits. A charter school that
1178	reemploys such teachers is subject to the retirement
1179	contribution required by subparagraph 2.
1180	2.  The employment of a retiree or DROP participant of a
1181	state-administered retirement system does not affect the average
1182	final compensation or years of creditable service of the retiree
1183	or DROP participant. Before July 1, 1991, upon employment of any
1184	person, other than an elected officer as provided in s. 121.053,
1185	who is retired under a state-administered retirement program,
1186	the employer shall pay retirement contributions in an amount
1187	equal to the unfunded actuarial liability portion of the
1188	employer contribution which would be required for regular
1189	members of the Florida Retirement System. Effective July 1,
1190	1991, contributions shall be made as provided in s. 121.122 for
1191	retirees who have renewed membership or, as provided in
1192	subsection (13), for DROP participants.
1193	3.  Any person who is holding an elective public office
1194	which is covered by the Florida Retirement System and who is
1195	concurrently employed in nonelected covered employment may elect
1196	to retire while continuing employment in the elective public
1197	office if he or she terminates his or her nonelected covered
1198	employment. Such person shall receive his or her retirement
1199	benefits in addition to the compensation of the elective office
1200	without regard to the time limitations otherwise provided in
1201	this subsection. A person who seeks to exercise the provisions
1202	of this subparagraph as they existed before May 3, 1984, may not
1203	be deemed to be retired under those provisions, unless such
1204	person is eligible to retire under this subparagraph, as amended
1205	by chapter 84-11, Laws of Florida.
1206	(c)  Any person whose retirement is effective on or after
1207	July 1, 2010, or whose participation in the Deferred Retirement
1208	Option Program terminates on or after July 1, 2010, who is
1209	retired under this chapter, except under the disability
1210	retirement provisions of subsection (4) or as provided in s.
1211	121.053, may be reemployed by an employer that participates in a
1212	state-administered retirement system and receive retirement
1213	benefits and compensation from that employer. However, a person
1214	may not be reemployed by an employer participating in the
1215	Florida Retirement System before meeting the definition of
1216	termination in s. 121.021 and may not receive both a salary from
1217	the employer and retirement benefits for 6 calendar months after
1218	meeting the definition of termination. However, a DROP
1219	participant shall continue employment and receive a salary
1220	during the period of participation in the Deferred Retirement
1221	Option Program, as provided in subsection (13).
1222	1.  The reemployed retiree may not renew membership in the
1223	Florida Retirement System.
1224	2.  The employer shall pay retirement contributions in an
1225	amount equal to the unfunded actuarial liability portion of the
1226	employer contribution that would be required for active members
1227	of the Florida Retirement System in addition to the
1228	contributions required by s. 121.76.
1229	3.  A retiree initially reemployed in violation of this
1230	paragraph and an employer that employs or appoints such person
1231	are jointly and severally liable for reimbursement of any
1232	retirement benefits paid to the retirement trust fund from which
1233	the benefits were paid, including the Florida Retirement System
1234	Trust Fund and the Public Employee Optional Retirement Program
1235	Trust Fund, as appropriate. The employer must have a written
1236	statement from the employee that he or she is not retired from a
1237	state-administered retirement system. Retirement benefits shall
1238	remain suspended until repayment is made. Benefits suspended
1239	beyond the end of the retiree's 6-month reemployment limitation
1240	period shall apply toward the repayment of benefits received in
1241	violation of this paragraph.
1242	(13)  DEFERRED RETIREMENT OPTION PROGRAM.-In general, and
1243	subject to this section, the Deferred Retirement Option Program,
1244	hereinafter referred to as DROP, is a program under which an
1245	eligible member of the Florida Retirement System may elect to
1246	participate, deferring receipt of retirement benefits while
1247	continuing employment with his or her Florida Retirement System
1248	employer. The deferred monthly benefits shall accrue in the
1249	Florida Retirement System on behalf of the participant, plus
1250	interest compounded monthly, for the specified period of the
1251	DROP participation, as provided in paragraph (c). Upon
1252	termination of employment, the participant shall receive the
1253	total DROP benefits and begin to receive the previously
1254	determined normal retirement benefits. Participation in the DROP
1255	does not guarantee employment for the specified period of DROP.
1256	Participation in DROP by an eligible member beyond the initial
1257	60-month period as authorized in this subsection shall be on an
1258	annual contractual basis for all participants.
1259	(a)  Eligibility of member to participate in DROP.-All
1260	active Florida Retirement System members in a regularly
1261	established position, and all active members of the Teachers'
1262	Retirement System established in chapter 238 or the State and
1263	County Officers' and Employees' Retirement System established in
1264	chapter 122, which are consolidated within the Florida
1265	Retirement System under s. 121.011, are eligible to elect
1266	participation in DROP if:
1267	1.  The member is not a renewed member under s. 121.122 or
1268	a member of the State Community College System Optional
1269	Retirement Program under s. 121.051, the Senior Management
1270	Service Optional Annuity Program under s. 121.055, or the
1271	optional retirement program for the State University System
1272	under s. 121.35.
1273	2.  Except as provided in subparagraph 6., election to
1274	participate is made within 12 months immediately following the
1275	date on which the member first reaches normal retirement date,
1276	or, for a member who reaches normal retirement date based on
1277	service before he or she reaches age 62, or age 55 for Special
1278	Risk Class members, election to participate may be deferred to
1279	the 12 months immediately following the date the member attains
1280	age 57, or age 52 for Special Risk Class members. A member who
1281	delays DROP participation during the 12-month period immediately
1282	following his or her maximum DROP deferral date, except as
1283	provided in subparagraph 6., loses a month of DROP participation
1284	for each month delayed. A member who fails to make an election
1285	within the 12-month limitation period forfeits all rights to
1286	participate in DROP. The member shall advise his or her employer
1287	and the division in writing of the date DROP begins. The
1288	beginning date may be subsequent to the 12-month election period
1289	but must be within the original 60-month participation period
1290	provided in subparagraph (b)1. When establishing eligibility of
1291	the member to participate in DROP, the member may elect to
1292	include or exclude any optional service credit purchased by the
1293	member from the total service used to establish the normal
1294	retirement date. A member who has dual normal retirement dates
1295	is eligible to elect to participate in DROP after attaining
1296	normal retirement date in either class.
1297	3.  The employer of a member electing to participate in
1298	DROP, or employers if dually employed, shall acknowledge in
1299	writing to the division the date the member's participation in
1300	DROP begins and the date the member's employment and DROP
1301	participation will terminate.
1302	4.  Simultaneous employment of a participant by additional
1303	Florida Retirement System employers subsequent to the
1304	commencement of participation in DROP is permissible if such
1305	employers acknowledge in writing a DROP termination date no
1306	later than the participant's existing termination date or the
1307	maximum participation period provided in subparagraph (b)1.
1308	5.  A DROP participant may change employers while
1309	participating in DROP, subject to the following:
1310	a.  A change of employment must take place without a break
1311	in service so that the member receives salary for each month of
1312	continuous DROP participation. If a member receives no salary
1313	during a month, DROP participation shall cease unless the
1314	employer verifies a continuation of the employment relationship
1315	for such participant pursuant to s. 121.021(39)(b).
1316	b.  Such participant and new employer shall notify the
1317	division of the identity of the new employer on forms required
1318	by the division.
1319	c.  The new employer shall acknowledge, in writing, the
1320	participant's DROP termination date, which may be extended but
1321	not beyond the maximum participation period provided in
1322	subparagraph (b)1., shall acknowledge liability for any
1323	additional retirement contributions and interest required if the
1324	participant fails to timely terminate employment, and is subject
1325	to the adjustment required in sub-subparagraph (c)5.d.
1326	6.  Effective July 1, 2001, for instructional personnel as
1327	defined in s. 1012.01(2), election to participate in DROP may be
1328	made at any time following the date on which the member first
1329	reaches normal retirement date. The member shall advise his or
1330	her employer and the division in writing of the date on which
1331	DROP begins. When establishing eligibility of the member to
1332	participate in DROP for the 60-month participation period
1333	provided in subparagraph (b)1., the member may elect to include
1334	or exclude any optional service credit purchased by the member
1335	from the total service used to establish the normal retirement
1336	date. A member who has dual normal retirement dates is eligible
1337	to elect to participate in either class.
1338	(b)  Participation in DROP.-
1339	1.  An eligible member may elect to participate in DROP for
1340	a period not to exceed a maximum of 60 calendar months. However,
1341	members who are instructional personnel employed by the Florida
1342	School for the Deaf and the Blind and authorized by the Board of
1343	Trustees of the Florida School for the Deaf and the Blind, who
1344	are instructional personnel as defined in s. 1012.01(2)(a)-(d)
1345	in grades K-12 and authorized by the district school
1346	superintendent, or who are instructional personnel as defined in
1347	s. 1012.01(2)(a) employed by a developmental research school and
1348	authorized by the school's director, or if the school has no
1349	director, by the school's principal, may participate in DROP for
1350	up to 36 calendar months beyond the 60-month period.
1351	2.  Upon deciding to participate in DROP, the member shall
1352	submit, on forms required by the division:
1353	a.  A written election to participate in DROP;
1354	b.  Selection of DROP participation and termination dates
1355	that satisfy the limitations stated in paragraph (a) and
1356	subparagraph 1. The termination date must be in a binding letter
1357	of resignation to the employer establishing a deferred
1358	termination date. The member may change the termination date
1359	within the limitations of subparagraph 1., but only with the
1360	written approval of the employer;
1361	c.  A properly completed DROP application for service
1362	retirement as provided in this section; and
1363	d.  Any other information required by the division.
1364	3.  The DROP participant is a retiree under the Florida
1365	Retirement System for all purposes, except for paragraph (5)(f)
1366	and subsection (9) and ss. 112.3173, 112.363, 121.053, and
1367	121.122. DROP participation is final and may not be canceled by
1368	the participant after the first payment is credited during the
1369	DROP participation period. However, participation in DROP does
1370	not alter the participant's employment status, and the member is
1371	not deemed retired from employment until his or her deferred
1372	resignation is effective and termination occurs as defined in s.
1373	121.021.
1374	4.  Elected officers are eligible to participate in DROP
1375	subject to the following:
1376	a.  An elected officer who reaches normal retirement date
1377	during a term of office may defer the election to participate
1378	until the next succeeding term in that office. An elected
1379	officer who exercises this option may participate in DROP for up
1380	to 60 calendar months or no longer than the succeeding term of
1381	office, whichever is less.
1382	b.  An elected or a nonelected participant may run for a
1383	term of office while participating in DROP and, if elected,
1384	extend the DROP termination date accordingly; however, if such
1385	additional term of office exceeds the 60-month limitation
1386	established in subparagraph 1., and the officer does not resign
1387	from office within such 60-month limitation, the retirement and
1388	the participant's DROP is null and void as provided in sub-
1389	subparagraph (c)5.d.
1390	c.  An elected officer who is dually employed and elects to
1391	participate in DROP must terminate all employment relationships
1392	as provided in s. 121.021(39) for the nonelected position within
1393	the original 60-month period or maximum participation period as
1394	provided in subparagraph 1. For DROP participation ending:
1395	(I)  before July 1, 2010, the officer may continue
1396	employment as an elected officer as provided in s. 121.053. The
1397	elected officer shall be enrolled as a renewed member in the
1398	Elected Officers' Class or the Regular Class, as provided in ss.
1399	121.053 and 121.122, on the first day of the month after
1400	termination of employment in the nonelected position and
1401	termination of DROP. Distribution of the DROP benefits shall be
1402	made as provided in paragraph (c).
1403	(II)  On or after July 1, 2010, the officer may continue
1404	employment as an elected officer but must defer termination as
1405	provided in s. 121.053.
1406	(c)  Benefits payable under DROP.-
1407	1.  Effective on the date of DROP participation, the
1408	member's initial normal monthly benefit, including creditable
1409	service, optional form of payment, and average final
1410	compensation, and the effective date of retirement are fixed.
1411	The beneficiary established under the Florida Retirement System
1412	is the beneficiary eligible to receive any DROP benefits payable
1413	if the DROP participant dies before completing the period of
1414	DROP participation. If a joint annuitant predeceases the member,
1415	the member may name a beneficiary to receive accumulated DROP
1416	benefits payable. The retirement benefit, the annual cost of
1417	living adjustments provided in s. 121.101, and interest accrue
1418	monthly in the Florida Retirement System Trust Fund. The
1419	interest accrues at an effective annual rate of 6.5 percent
1420	compounded monthly, on the prior month's accumulated ending
1421	balance, up to the month of termination or death, except as
1422	provided in s. 121.053(7).
1423	2.  Each employee who elects to participate in DROP may
1424	elect to receive a lump-sum payment for accrued annual leave
1425	earned in accordance with agency policy upon beginning
1426	participation in DROP. The accumulated leave payment certified
1427	to the division upon commencement of DROP shall be included in
1428	the calculation of the member's average final compensation. The
1429	employee electing the lump-sum payment is not eligible to
1430	receive a second lump-sum payment upon termination, except to
1431	the extent the employee has earned additional annual leave
1432	which, combined with the original payment, does not exceed the
1433	maximum lump-sum payment allowed by the employing agency's
1434	policy or rules. An early lump-sum payment shall be based on the
1435	hourly wage of the employee at the time he or she begins
1436	participation in DROP. If the member elects to wait and receive
1437	a lump-sum payment upon termination of DROP and termination of
1438	employment with the employer, any accumulated leave payment made
1439	at that time may not be included in the member's retirement
1440	benefit, which was determined and fixed by law when the employee
1441	elected to participate in DROP.
1442	3.  The effective date of DROP participation and the
1443	effective date of retirement of a DROP participant shall be the
1444	first day of the month selected by the member to begin
1445	participation in DROP, provided such date is properly
1446	established, with the written confirmation of the employer, and
1447	the approval of the division, on forms required by the division.
1448	4.  Normal retirement benefits and any interest shall
1449	continue to accrue in DROP until the established termination
1450	date of DROP or until the participant terminates employment or
1451	dies prior to such date, except as provided in s. 121.053(7).
1452	Although individual DROP accounts shall not be established, a
1453	separate accounting of each participant's accrued benefits under
1454	DROP shall be calculated and provided to participants.
1455	5.  At the conclusion of the participant's DROP, the
1456	division shall distribute the participant's total accumulated
1457	DROP benefits, subject to the following:
1458	a.  The division shall receive verification by the
1459	participant's employer or employers that the participant has
1460	terminated all employment relationships as provided in s.
1461	121.021(39).
1462	b.  The terminated DROP participant or, if deceased, the
1463	participant's named beneficiary, shall elect on forms provided
1464	by the division to receive payment of the DROP benefits in
1465	accordance with one of the options listed below. If a
1466	participant or beneficiary fails to elect a method of payment
1467	within 60 days after termination of DROP, the division shall pay
1468	a lump sum as provided in sub-sub-subparagraph (I).
1469	(I)  Lump sum.-All accrued DROP benefits, plus interest,
1470	less withholding taxes remitted to the Internal Revenue Service,
1471	shall be paid to the DROP participant or surviving beneficiary.
1472	(II)  Direct rollover.-All accrued DROP benefits, plus
1473	interest, shall be paid from DROP directly to the custodian of
1474	an eligible retirement plan as defined in s. 402(c)(8)(B) of the
1475	Internal Revenue Code. However, in the case of an eligible
1476	rollover distribution to the surviving spouse of a deceased
1477	participant, an eligible retirement plan is an individual
1478	retirement account or an individual retirement annuity as
1479	described in s. 402(c)(9) of the Internal Revenue Code.
1480	(III)  Partial lump sum.-A portion of the accrued DROP
1481	benefits shall be paid to DROP participant or surviving spouse,
1482	less withholding taxes remitted to the Internal Revenue Service,
1483	and the remaining DROP benefits must be transferred directly to
1484	the custodian of an eligible retirement plan as defined in s.
1485	402(c)(8)(B) of the Internal Revenue Code. However, in the case
1486	of an eligible rollover distribution to the surviving spouse of
1487	a deceased participant, an eligible retirement plan is an
1488	individual retirement account or an individual retirement
1489	annuity as described in s. 402(c)(9) of the Internal Revenue
1490	Code. The proportions must be specified by the DROP participant
1491	or surviving beneficiary.
1492	c.  The form of payment selected by the DROP participant or
1493	surviving beneficiary must comply with the minimum distribution
1494	requirements of the Internal Revenue Code.
1495	d.  A DROP participant who fails to terminate all
1496	employment relationships as provided in s. 121.021(39) shall be
1497	deemed as not retired, and the DROP election is null and void.
1498	Florida Retirement System membership shall be reestablished
1499	retroactively to the date of the commencement of DROP, and each
1500	employer with whom the participant continues employment must pay
1501	to the Florida Retirement System Trust Fund the difference
1502	between the DROP contributions paid in paragraph (i) and the
1503	contributions required for the applicable Florida Retirement
1504	System class of membership during the period the member
1505	participated in DROP, plus 6.5 percent interest compounded
1506	annually.
1507	6.  The retirement benefits of any DROP participant who
1508	terminates all employment relationships as provided in s.
1509	121.021(39) but is reemployed in violation of the reemployment
1510	provisions of subsection (9) shall be suspended during those
1511	months in which the retiree is in violation. Any retiree in
1512	violation of this subparagraph and any employer that employs or
1513	appoints such person without notifying the Division of
1514	Retirement to suspend retirement benefits are jointly and
1515	severally liable for any benefits paid during the reemployment
1516	limitation period. The employer must have a written statement
1517	from the retiree that he or she is not retired from a state-
1518	administered retirement system. Any retirement benefits received
1519	by a retiree while employed in violation of the reemployment
1520	limitations must be repaid to the Florida Retirement System
1521	Trust Fund, and his or her retirement benefits shall remain
1522	suspended until payment is made. Benefits suspended beyond the
1523	end of the reemployment limitation period apply toward repayment
1524	of benefits received in violation of the reemployment
1525	limitation.
1526	7.  The accrued benefits of any DROP participant, and any
1527	contributions accumulated under the program, are not subject to
1528	assignment, execution, attachment, or any legal process
1529	whatsoever, except for qualified domestic relations orders by a
1530	court of competent jurisdiction, income deduction orders as
1531	provided in s. 61.1301, and federal income tax levies.
1532	8.  DROP participants are not eligible for disability
1533	retirement benefits as provided in subsection (4).
1534	(g)  Renewed membership.-DROP participants are not eligible
1535	for renewed membership in the Florida Retirement System under s.
1536	ss. 121.053 and 121.122 until all employment relationships are
1537	terminated as provided in s. 121.021(39).
1538	Section 15.  Subsection (1) of section 121.122, Florida
1539	Statutes, is amended to read:
1540	121.122  Renewed membership in system.-
1541	(1)  Except as provided in s. 121.053, Effective July 1,
1542	1991, through June 30, 2010, any retiree of a state-administered
1543	retirement system who is initially reemployed in a regularly
1544	established position with a covered employer, including an
1545	elective public office that does not qualify for the Elected
1546	Officer's Class, shall be enrolled as a compulsory member of the
1547	Regular Class of the Florida Retirement System. Effective July
1548	1, 1997, through June 30, 2010, any retiree of a state-
1549	administered retirement system who is initially reemployed in a
1550	position included in the Senior Management Service Class shall
1551	be enrolled as a compulsory member of the Senior Management
1552	Service Class of the Florida Retirement System as provided in s.
1553	121.055. A retiree is entitled to receive an additional
1554	retirement benefit, subject to the following conditions:
1555	(a)  Such member must resatisfy the age and service
1556	requirements as provided in this chapter for initial membership
1557	under the system, unless such member elects to participate in
1558	the Senior Management Service Optional Annuity Program in lieu
1559	of the Senior Management Service Class, as provided in s.
1560	121.055(6).
1561	(b)  Such member is not entitled to disability benefits as
1562	provided in s. 121.091(4).
1563	(c)  Such member must meet the reemployment after
1564	retirement limitations as provided in s. 121.091(9), as
1565	applicable.
1566	(d)  Upon renewed membership or reemployment of a retiree,
1567	the employer of such member shall pay the applicable employer
1568	contributions as required by ss. 112.363, 121.71, 121.74, and
1569	121.76.
1570	(e)  Such member is entitled to purchase additional
1571	retirement credit in the Regular Class or the Senior Management
1572	Service Class, as applicable, for any postretirement service
1573	performed in a regularly established position as follows:
1574	1.  for regular class service prior to July 1, 1991, by
1575	paying the Regular Class applicable employee and employer
1576	contributions for the period being claimed, plus 4 percent
1577	interest compounded annually from first year of service claimed
1578	until July 1, 1975, and 6.5 percent interest compounded
1579	thereafter, until full payment is made to the Florida Retirement
1580	System Trust Fund; or
1581	2.  For Senior Management Service Class prior to June 1,
1582	1997, as provided in s. 121.055(1)(j).
1583
1584	The contribution for postretirement service between July 1,
1585	1985, and July 1, 1991, for which the reemployed retiree
1586	contribution was paid, shall be the difference between such
1587	contribution and the total applicable contribution for the
1588	period being claimed, plus interest. The employer of such member
1589	may pay the applicable employer contribution in lieu of the
1590	member. If a member does not wish to claim credit for all of the
1591	postretirement service for which he or she is eligible, the
1592	service the member claims must be the most recent service.
1593	(f)  No creditable service for which credit was received,
1594	or which remained unclaimed, at retirement may be claimed or
1595	applied toward service credit earned following renewed
1596	membership. However, service earned as an elected officer with
1597	renewed membership in the Elected Officers' Class may be used in
1598	conjunction with creditable service earned under this section,
1599	provided the applicable vesting requirements and other existing
1600	statutory conditions required by this chapter are met.
1601	(g)  Notwithstanding any other limitations provided in this
1602	section, a participant of the State University System Optional
1603	Retirement Program, or the State Community College Optional
1604	Retirement Program, or the Senior Management Service Optional
1605	Annuity Program who terminated employment and commenced
1606	receiving a distribution under the optional program, who
1607	initially renews membership as required by this section upon
1608	reemployment after retirement, and who had previously earned
1609	creditable Florida Retirement System service that was not
1610	included in any retirement benefit may include such previous
1611	service toward vesting and service credit in the second career
1612	benefit provided under renewed membership.
1613	(h)  A renewed member who is not receiving the maximum
1614	health insurance subsidy provided in s. 112.363 is entitled to
1615	earn additional credit toward the maximum health insurance
1616	subsidy. Any additional subsidy due because of such additional
1617	credit may be received only at the time of payment of the second
1618	career retirement benefit. The total health insurance subsidy
1619	received by a retiree receiving benefits from initial and
1620	renewed membership may not exceed the maximum allowed in s.
1621	112.363.
1622	Section 16.  Paragraph (h) of subsection (3) of section
1623	121.35, Florida Statutes, is amended to read:
1624	121.35  Optional retirement program for the State
1625	University System.-
1626	(3)  ELECTION OF OPTIONAL PROGRAM.-
1627	(h)  A participant in the optional retirement program may
1628	not participate in more than one state-administered retirement
1629	system, plan, or class simultaneously. Except as provided in s.
1630	121.052(6)(d), A participant who is or becomes dually employed
1631	in two or more positions covered by the Florida Retirement
1632	System, one of which is eligible for the optional program and
1633	one of which is not, may remain a member of the optional program
1634	and contributions shall be paid as required only on the salary
1635	earned in the position eligible for the optional program during
1636	the period of dual employment; or, within 90 days after becoming
1637	dually employed, he or she may elect membership in the Regular
1638	Class of the Florida Retirement System in lieu of the optional
1639	program and contributions shall be paid as required on the total
1640	salary received for all employment. At retirement, the average
1641	final compensation used to calculate any benefits for which the
1642	member becomes eligible under the Florida Retirement System must
1643	be based on all salary reported for both positions during such
1644	period of dual employment. If the member ceases to be dually
1645	employed, he or she may, within 90 days, elect to remain in the
1646	Florida Retirement System class for which he or she is eligible
1647	or to again become a participant in the optional retirement
1648	program. Failure to elect membership in the optional program
1649	within 90 days shall result in compulsory membership in the
1650	Florida Retirement System, except that a member filling a
1651	faculty position at a college that has a faculty practice plan
1652	at the University of Florida, at the Medical Center at the
1653	University of South Florida, or other state university shall
1654	again participate in the optional retirement program as required
1655	in s. 121.051(1)(a).
1656	Section 17.  Paragraph (f) of subsection (2), paragraph (c)
1657	of subsection (3), and paragraph (a) of subsection (6) of
1658	section 121.4501, Florida Statutes, are amended to read:
1659	121.4501  Public Employee Optional Retirement Program.-
1660	(2)  DEFINITIONS.-As used in this part, the term:
1661	(f)  "Eligible employee" means an officer or employee, as
1662	defined in s. 121.021, who:
1663	1.  Is a member of, or is eligible for membership in, the
1664	Florida Retirement System, including any renewed member of the
1665	Florida Retirement System initially enrolled before July 1,
1666	2010; or
1667	2.  Participates in, or is eligible to participate in, the
1668	Senior Management Service Optional Annuity Program as
1669	established under s. 121.055(6), the State Community College
1670	System Optional Retirement Program as established under s.
1671	121.051(2)(c), or the State University System Optional
1672	Retirement Program established under s. 121.35.
1673
1674	The term does not include any member participating in the
1675	Deferred Retirement Option Program established under s.
1676	121.091(13), a retiree of a state-administered retirement system
1677	initially reemployed on or after July 1, 2010, or a mandatory
1678	participant of the State University System Optional Retirement
1679	Program established under s. 121.35.
1680	(3)  ELIGIBILITY; RETIREMENT SERVICE CREDIT.-
1681	(c)1.  Notwithstanding paragraph (b), each eligible
1682	employee who elects to participate in the Public Employee
1683	Optional Retirement Program and establishes one or more
1684	individual participant accounts under the optional program may
1685	elect to transfer to the optional program a sum representing the
1686	present value of the employee's accumulated benefit obligation
1687	under the defined benefit retirement program of the Florida
1688	Retirement System. Upon such transfer, all service credit
1689	previously earned under the defined benefit program of the
1690	Florida Retirement System shall be nullified for purposes of
1691	entitlement to a future benefit under the defined benefit
1692	program of the Florida Retirement System. A participant is
1693	precluded from transferring the accumulated benefit obligation
1694	balance from the defined benefit program upon the expiration of
1695	the period afforded to enroll in the optional program.
1696	2.  For purposes of this subsection, the present value of
1697	the member's accumulated benefit obligation is based upon the
1698	member's estimated creditable service and estimated average
1699	final compensation under the defined benefit program, subject to
1700	recomputation under subparagraph 3. For state employees
1701	enrolling under subparagraph (4)(a)1., initial estimates will be
1702	based upon creditable service and average final compensation as
1703	of midnight on June 30, 2002; for district school board
1704	employees enrolling under subparagraph (4)(b)1., initial
1705	estimates will be based upon creditable service and average
1706	final compensation as of midnight on September 30, 2002; and for
1707	local government employees enrolling under subparagraph
1708	(4)(c)1., initial estimates will be based upon creditable
1709	service and average final compensation as of midnight on
1710	December 31, 2002. The dates respectively specified above shall
1711	be construed as the "estimate date" for these employees. The
1712	actuarial present value of the employee's accumulated benefit
1713	obligation shall be based on the following:
1714	a.  The discount rate and other relevant actuarial
1715	assumptions used to value the Florida Retirement System Trust
1716	Fund at the time the amount to be transferred is determined,
1717	consistent with the factors provided in sub-subparagraphs b. and
1718	c.
1719	b.  A benefit commencement age, based on the member's
1720	estimated creditable service as of the estimate date. The
1721	benefit commencement age shall be the younger of the following,
1722	but shall not be younger than the member's age as of the
1723	estimate date:
1724	(I)  Age 62; or
1725	(II)  The age the member would attain if the member
1726	completed 30 years of service with an employer, assuming the
1727	member worked continuously from the estimate date, and
1728	disregarding any vesting requirement that would otherwise apply
1729	under the defined benefit program of the Florida Retirement
1730	System.
1731	c.  For members of the Special Risk Class and for members
1732	of the Special Risk Administrative Support Class entitled to
1733	retain special risk normal retirement date, the benefit
1734	commencement age shall be the younger of the following, but
1735	shall not be younger than the member's age as of the estimate
1736	date:
1737	(I)  Age 55; or
1738	(II)  The age the member would attain if the member
1739	completed 25 years of service with an employer, assuming the
1740	member worked continuously from the estimate date, and
1741	disregarding any vesting requirement that would otherwise apply
1742	under the defined benefit program of the Florida Retirement
1743	System.
1744	d.  The calculation shall disregard vesting requirements
1745	and early retirement reduction factors that would otherwise
1746	apply under the defined benefit retirement program.
1747	3.  For each participant who elects to transfer moneys from
1748	the defined benefit program to his or her account in the
1749	optional program, the division shall recompute the amount
1750	transferred under subparagraph 2. not later than 60 days after
1751	the actual transfer of funds based upon the participant's actual
1752	creditable service and actual final average compensation as of
1753	the initial date of participation in the optional program. If
1754	the recomputed amount differs from the amount transferred under
1755	subparagraph 2. by $10 or more, the division shall:
1756	a.  Transfer, or cause to be transferred, from the Florida
1757	Retirement System Trust Fund to the participant's account in the
1758	optional program the excess, if any, of the recomputed amount
1759	over the previously transferred amount together with interest
1760	from the initial date of transfer to the date of transfer under
1761	this subparagraph, based upon effective annual interest equal to
1762	the assumed return on the actuarial investment which was used in
1763	the most recent actuarial valuation of the system, compounded
1764	annually.
1765	b.  Transfer, or cause to be transferred, from the
1766	participant's account to the Florida Retirement System Trust
1767	Fund the excess, if any, of the previously transferred amount
1768	over the recomputed amount, together with interest from the
1769	initial date of transfer to the date of transfer under this
1770	subparagraph, based upon 6 percent effective annual interest,
1771	compounded annually, pro rata based on the participant's
1772	allocation plan.
1773	4.  As directed by the participant, the board shall
1774	transfer or cause to be transferred the appropriate amounts to
1775	the designated accounts. The board shall establish transfer
1776	procedures by rule, but the actual transfer shall not be later
1777	than 30 days after the effective date of the member's
1778	participation in the optional program unless the major financial
1779	markets for securities available for a transfer are seriously
1780	disrupted by an unforeseen event which also causes the
1781	suspension of trading on any national securities exchange in the
1782	country where the securities were issued. In that event, such
1783	30-day period of time may be extended by a resolution of the
1784	trustees. Transfers are not commissionable or subject to other
1785	fees and may be in the form of securities or cash as determined
1786	by the state board. Such securities shall be valued as of the
1787	date of receipt in the participant's account.
1788	5.  If the board or the division receives notification from
1789	the United States Internal Revenue Service that this paragraph
1790	or any portion of this paragraph will cause the retirement
1791	system, or a portion thereof, to be disqualified for tax
1792	purposes under the Internal Revenue Code, then the portion that
1793	will cause the disqualification does not apply. Upon such
1794	notice, the state board and the division shall notify the
1795	presiding officers of the Legislature.
1796	(6)  VESTING REQUIREMENTS.-
1797	(a)1.  With respect to employer contributions paid on
1798	behalf of the participant to the Public Employee Optional
1799	Retirement Program, plus interest and earnings thereon and less
1800	investment fees and administrative charges, a participant shall
1801	be vested after completing 1 work year, as defined in s.
1802	121.021(54), with an employer, including any service while the
1803	participant was a member of the defined benefit retirement
1804	program or an optional retirement program authorized under s.
1805	121.051(2)(c) or s. 121.055(6).
1806	2.  If the participant terminates employment prior to
1807	satisfying the vesting requirements, the nonvested accumulation
1808	shall be transferred from the participant's accounts to the
1809	state board for deposit and investment by the board in the
1810	suspense account of the Public Employee Optional Retirement
1811	Program Trust Fund of the board. If the terminated participant
1812	is reemployed as an eligible employee within 5 years, the state
1813	board shall transfer to the participant's account any amount of
1814	the moneys previously transferred from the participant's
1815	accounts to the suspense account of the Public Employee Optional
1816	Retirement Program Trust Fund, plus the actual earnings on such
1817	amount while in the suspense account.
1818	Section 18.  Subsection (3) of section 121.571, Florida
1819	Statutes, is amended to read:
1820	121.571  Contributions.-Contributions to the Public
1821	Employee Optional Retirement Program shall be made as follows:
1822	(3)  CONTRIBUTIONS FOR SOCIAL SECURITY COVERAGE AND FOR
1823	RETIREE HEALTH INSURANCE SUBSIDY.-Contributions required under
1824	this section shall be in addition to employer and member
1825	contributions required for social security and the Retiree
1826	Health Insurance Subsidy Trust Fund as provided in ss. 112.363,
1827	121.052, 121.055, and 121.071, as appropriate.
1828	Section 19.  Subsection (3) of section 121.71, Florida
1829	Statutes, is amended to read:
1830	121.71  Uniform rates; process; calculations; levy.-
1831	(3)  Required employer retirement contribution rates for
1832	each membership class and subclass of the Florida Retirement
1833	System for both retirement plans are as follows:
1834
	Membership Class Percentage of Gross Compensation,Effective July 1, 2009 Percentage of Gross Compensation,Effective July 1, 2010
1835
1836
	Regular Class 8.69% 9.63%
1837
	Special Risk Class 19.76% 22.11%
1838
	Special Risk  Administrative  Support Class 11.39% 12.10%
1839
	Elected Officers' Class-  Legislators, Governor,  Lt. Governor,  Cabinet Officers,  State Attorneys,  Public Defenders 13.32% 15.20%
1840
	Elected Officers' Class-  Justices, Judges 18.40% 20.65%
1841
	Elected Officers' Class-  County Elected Officers 15.37% 17.50%
1842
	Senior Management Class 11.96% 13.43%
1843
	DROP 9.80% 11.14%
1844
1845	Section 20.  Subsection (4) of section 121.72, Florida
1846	Statutes, is amended to read:
1847	121.72  Allocations to optional retirement program
1848	participant accounts; percentage amounts.-
1849	(4)  Effective July 1, 2002, allocations from the Florida
1850	Retirement System Contributions Clearing Trust Fund to optional
1851	retirement program participant accounts shall be as follows:
1852
	Membership Class Percentage of Gross Compensation
1853
	Regular Class 9.00%
1854
	Special Risk Class 20.00%
1855
	Special Risk Administrative Support Class 11.35%
1856
	Elected Officers' Class-  Legislators, Governor,  Lt. Governor, Cabinet Officers,  State Attorneys, Public Defenders 13.40%
1857
	Elected Officers' Class-  Justices, Judges 18.90%
1858
	Elected Officers' Class-  County Elected Officers 16.20%
1859
	Senior Management Service Class 10.95%
1860
1861	Section 21.  Subsection (3) of section 121.73, Florida
1862	Statutes, is amended to read:
1863	121.73  Allocations for optional retirement program
1864	participant disability coverage; percentage amounts.-
1865	(3)  Effective July 1, 2002, allocations from the FRS
1866	Contribution Clearing Fund to provide disability coverage for
1867	participants in the optional retirement program, and to offset
1868	the costs of administering said coverage, shall be as follows:
1869
	Membership Class Percentage of Gross Compensation
1870
	Regular Class 0.25%
1871
	Special Risk Class 1.33%
1872
	Special Risk Administrative Support Class 0.45%
1873
	Elected Officers' Class-  Legislators, Governor,  Lt. Governor, Cabinet Officers,  State Attorneys, Public Defenders 0.41%
1874
	Elected Officers' Class-  Justices, Judges 0.73%
1875
	Elected Officers' Class-  County Elected Officers 0.41%
1876
	Senior Management Service Class 0.26%
1877
1878	Section 22.  Paragraph (c) of subsection (2) of section
1879	122.16, Florida Statutes, is amended to read:
1880	122.16  Employment after retirement.-
1881	(2)
1882	(c)  The employment by an employer of any retiree of a
1883	state-administered retirement system shall have no effect on the
1884	average final compensation or years of creditable service of
1885	such retiree. Prior to July 1, 1991, upon employment of any
1886	person, other than an elected officer as provided in s. 121.053,
1887	who has been retired under a state-administered retirement
1888	program, the employer shall pay retirement contributions in an
1889	amount equal to the unfunded actuarial accrued liability portion
1890	of the employer contribution which would be required for a
1891	regular member of the Florida Retirement System. Effective July
1892	1, 1991, contributions shall be made as provided in s. 121.122
1893	for renewed membership.
1894	Section 23.  Subsection (3) of section 175.041, Florida
1895	Statutes, is amended to read:
1896	175.041  Firefighters' Pension Trust Fund created;
1897	applicability of provisions.-For any municipality, special fire
1898	control district, chapter plan, local law municipality, local
1899	law special fire control district, or local law plan under this
1900	chapter:
1901	(3)  The provisions of this chapter shall apply only to
1902	municipalities organized and established pursuant to law the
1903	laws of the state and to special fire control districts. This
1904	chapter does, and said provisions shall not apply to the
1905	unincorporated areas of any county or counties, except with
1906	respect to special fire control districts that include
1907	unincorporated areas, or nor shall the provisions hereof apply
1908	to any governmental entity whose firefighters are eligible to
1909	participate in the Florida Retirement System, except as provided
1910	in s. 175.351(5), s. 175.371, or s. 175.372.
1911	(a)  Special fire control districts that include, or
1912	consist exclusively of, unincorporated areas of one or more
1913	counties may levy and impose the tax and participate in the
1914	retirement programs enabled by this chapter.
1915	(b)  With respect to the distribution of premium taxes, a
1916	single consolidated government consisting of a former county and
1917	one or more municipalities, consolidated pursuant to s. 3 or s.
1918	6(e), Art. VIII of the State Constitution, may is also eligible
1919	to participate under this chapter. The consolidated government
1920	shall notify the division when it has entered into an interlocal
1921	agreement to provide fire services to a municipality within its
1922	boundaries. The municipality may enact an ordinance levying the
1923	tax as provided in s. 175.101. Upon being provided copies of the
1924	interlocal agreement and the municipal ordinance levying the
1925	tax, the division may distribute any premium taxes reported for
1926	the municipality to the consolidated government as long as the
1927	interlocal agreement is in effect.
1928	(c)  Any municipality that has entered into an interlocal
1929	agreement to provide fire protection services to any other
1930	incorporated municipality, in its entirety, for a period of 12
1931	months or more may be eligible to receive the premium taxes
1932	reported for such other municipality. In order To be eligible
1933	for such premium taxes, the municipality providing the fire
1934	services must notify the division that it has entered into an
1935	interlocal agreement with another municipality. The municipality
1936	receiving the fire services may enact an ordinance levying the
1937	tax as provided in s. 175.101. Upon being provided copies of the
1938	interlocal agreement and the municipal ordinance levying the
1939	tax, the division may distribute any premium taxes reported for
1940	the municipality receiving the fire services to the
1941	participating municipality providing the fire services as long
1942	as the interlocal agreement is in effect.
1943	Section 24.  Paragraph (d) is added to subsection (1) of
1944	section 175.061, Florida Statutes, to read:
1945	175.061  Board of trustees; members; terms of office;
1946	meetings; legal entity; costs; attorney's fees.-For any
1947	municipality, special fire control district, chapter plan, local
1948	law municipality, local law special fire control district, or
1949	local law plan under this chapter:
1950	(1)  In each municipality and in each special fire control
1951	district there is hereby created a board of trustees of the
1952	firefighters' pension trust fund, which shall be solely
1953	responsible for administering the trust fund. Effective October
1954	1, 1986, and thereafter:
1955	(d)  A majority of the members of a board of trustees may
1956	not be members or retirees of the plan for which the board is
1957	administering the trust fund.
1958	Section 25.  Paragraph (b) of subsection (2) of section
1959	175.091, Florida Statutes, is amended to read:
1960	175.091  Creation and maintenance of fund.-For any
1961	municipality, special fire control district, chapter plan, local
1962	law municipality, local law special fire control district, or
1963	local law plan under this chapter:
1964	(2)  Member contribution rates may be adjusted as follows:
1965	(b)  Firefighter member contributions may be increased by
1966	consent of the members' collective bargaining representative or,
1967	if none, by majority consent of firefighter members of the fund
1968	to provide greater benefits.
1969
1970	Nothing in this section shall be construed to require adjustment
1971	of member contribution rates in effect on the date this act
1972	becomes a law, including rates that exceed 5 percent of salary,
1973	provided that such rates are at least one-half of 1 percent of
1974	salary.
1975	Section 26.  Paragraph (a) of subsection (2) of section
1976	175.162, Florida Statutes, is amended to read:
1977	175.162  Requirements for retirement.-For any municipality,
1978	special fire control district, chapter plan, local law
1979	municipality, local law special fire control district, or local
1980	law plan under this chapter, any firefighter who completes 10 or
1981	more years of creditable service as a firefighter and attains
1982	age 55, or completes 25 years of creditable service as a
1983	firefighter and attains age 52, and who for such minimum period
1984	has been a member of the firefighters' pension trust fund
1985	operating under a chapter plan or local law plan, is eligible
1986	for normal retirement benefits. Normal retirement under the plan
1987	is retirement from the service of the municipality or special
1988	fire control district on or after the normal retirement date. In
1989	such event, payment of retirement income will be governed by the
1990	following provisions of this section:
1991	(2)(a)  The amount of monthly retirement income payable to
1992	a full-time firefighter who retires on or after his or her
1993	normal retirement date is shall be an amount equal to the number
1994	of his or her years of credited service multiplied by 2 percent
1995	of his or her average final compensation as a full-time
1996	firefighter. However, if current state contributions pursuant to
1997	this chapter are not adequate to fund the additional benefits to
1998	meet the minimum requirements in this chapter, only such
1999	incremental increases shall be required as state moneys are
2000	adequate to provide. Such increments shall be provided as state
2001	moneys become available.
2002	Section 27.  Section 175.351, Florida Statutes, is amended
2003	to read:
2004	175.351  Municipalities and special fire control districts
2005	having their own pension plans for firefighters.-For any
2006	municipality, special fire control district, local law
2007	municipality, local law special fire control district, or local
2008	law plan under this chapter, in order for municipalities and
2009	special fire control districts that have with their own pension
2010	plans for firefighters, or for firefighters and police officers,
2011	where included, to participate in the distribution of the tax
2012	fund established pursuant to s. 175.101, local law plans must
2013	provide extra benefits within those pension plans for
2014	firefighters, or for firefighters and police officers where
2015	included, which are equal to or greater than the value of the
2016	premium tax income received meet the minimum benefits and
2017	minimum standards set forth in this chapter.
2018	(1)  PREMIUM TAX INCOME.-If a municipality has a pension
2019	plan for firefighters, or a pension plan for firefighters and
2020	police officers, where included, which in the opinion of the
2021	division meets the minimum benefits and minimum standards set
2022	forth in this chapter, the board of trustees of the pension
2023	plan, as approved by a majority of firefighters of the
2024	municipality, may:
2025	(a)  Place the income from the premium tax in s. 175.101 in
2026	such pension plan for the sole and exclusive use of its
2027	firefighters, or for firefighters and police officers, where
2028	included, where it shall become an integral part of that pension
2029	plan and shall be used to pay extra benefits to the firefighters
2030	included in that pension plan; or
2031	(b)  Place the income from the premium tax in s. 175.101 in
2032	a separate supplemental plan to pay extra benefits to
2033	firefighters, or to firefighters and police officers where
2034	included, participating in such separate supplemental plan. The
2035	premium tax provided by this chapter must shall in all cases be
2036	used in its entirety to provide extra benefits to firefighters,
2037	or to firefighters and police officers, where included.
2038	Notwithstanding any other provision of this chapter However,
2039	local law plans in effect on October 1, 1998, may shall be
2040	required to comply with the minimum benefit provisions of this
2041	chapter by providing pension benefits that, in the aggregate,
2042	exceed the minimum benefits set forth in this chapter as
2043	determined by the plan's actuary only to the extent that
2044	additional premium tax revenues become available to
2045	incrementally fund the cost of such compliance as provided in s.
2046	175.162(2)(a). When a plan is in compliance with such minimum
2047	benefit provisions, as subsequent additional premium tax
2048	revenues become available, they shall be used to provide extra
2049	benefits. For the purpose of this chapter, "additional premium
2050	tax revenues" means revenues received by a municipality or
2051	special fire control district pursuant to s. 175.121 which
2052	exceed that amount received for calendar year 1997, and the term
2053	"extra benefits" means benefits that are in addition to or
2054	greater than those provided to general employees of the
2055	municipality regardless of when such benefit was or is provided
2056	and in addition to those in existence for firefighters on March
2057	12, 1999. Local law plans created by special act before May 23,
2058	1939, are shall be deemed to comply with this chapter.
2059	(2)  A ADOPTION OR REVISION OF A LOCAL LAW PLAN.-No
2060	retirement plan or amendment to a retirement plan may not shall
2061	be proposed for adoption unless the proposed plan or amendment
2062	contains an actuarial estimate of the costs involved. The No
2063	such proposed plan or proposed plan change may not shall be
2064	adopted without the approval of the municipality, special fire
2065	control district, or, if where permitted, the Legislature.
2066	Copies of the proposed plan or proposed plan change and the
2067	actuarial impact statement of the proposed plan or proposed plan
2068	change shall be furnished to the division prior to the last
2069	public hearing thereon. The impact Such statement must shall
2070	also indicate whether the proposed plan or proposed plan change
2071	is in compliance with s. 14, Art. X of the State Constitution
2072	and those provisions of part VII of chapter 112 which are not
2073	expressly provided in this chapter. Notwithstanding any other
2074	provision, only those local law plans created by special act of
2075	legislation before prior to May 23, 1939, are shall be deemed to
2076	meet the minimum benefits and minimum standards only in this
2077	chapter.
2078	(3)  Notwithstanding any other provision, with respect to a
2079	any supplemental plan municipality:
2080	(a)  Section 175.032(3)(a) does shall not apply, and a
2081	local law plan and a supplemental plan may continue to use their
2082	definition of compensation or salary in existence on March 12,
2083	1999 the effective date of this act.
2084	(b)  Section 175.061(1)(b) does shall not apply, and a
2085	local law plan and a supplemental plan shall continue to be
2086	administered by a board or boards of trustees numbered,
2087	constituted, and selected as the board or boards were numbered,
2088	constituted, and selected on December 1, 2000.
2089	(c)  The election set forth in paragraph (1)(b) shall be
2090	deemed to have been made.
2091	(4)  The retirement plan setting forth the benefits and the
2092	trust agreement, if any, covering the duties and
2093	responsibilities of the trustees and the regulations of the
2094	investment of funds must be in writing, and copies thereof must
2095	be made available to the participants and to the general public.
2096	(5)  A municipality or special fire control district may
2097	establish one or more new plans, or benefit levels within a
2098	plan, which provide different benefit levels for plan members
2099	based on the member's date of hire if the new plan or benefit
2100	level provides pension benefits that, in the aggregate, meet or
2101	exceed the minimum benefits set forth in this chapter, as
2102	determined by the plan's actuary. A municipality or special fire
2103	control district may elect to maintain an existing plan and join
2104	the Florida Retirement System for employees hired after a
2105	specified date. A municipality or special fire control district
2106	choosing to operate under this subsection shall use the premium
2107	tax provided under this chapter for the current plan or benefit
2108	level, for any additional plan or benefit level, or for
2109	contributions to the Florida Retirement System.
2110	Section 28.  Section 175.371, Florida Statutes, is amended
2111	to read:
2112	175.371  Transfer to another state retirement system;
2113	benefits payable.-For any municipality, special fire control
2114	district, chapter plan, local law municipality, local law
2115	special fire control district, or local law plan under this
2116	chapter:
2117	(1)  Any firefighter who has a vested right to benefits
2118	under a pension plan created pursuant to the provisions of this
2119	chapter and who elects to participate in another state
2120	retirement system may not receive a benefit under the other
2121	provisions of the latter retirement system for any period of
2122	year's service for which benefits are paid under the provisions
2123	of the pension plan created pursuant to this chapter.
2124	(2)  If When every active participant in any pension plan
2125	created pursuant to this chapter elects to transfer to another
2126	state retirement system, the pension plan created pursuant to
2127	this chapter shall be terminated and the assets distributed in
2128	accordance with s. 175.361. If, upon joining another state
2129	retirement system as the result of a transfer, merger, or
2130	consolidation of governmental services, or the municipality's or
2131	special fire control district's election to participate in such
2132	system, some participants in a pension plan subject created
2133	pursuant to this chapter elect to transfer to another state
2134	retirement system and other participants elect to remain in the
2135	existing plan created pursuant to this chapter, the existing
2136	plan created pursuant to this chapter shall continue to receive
2137	state premium tax moneys until fully funded. If the plan is
2138	fully funded at a particular valuation date and not fully funded
2139	at a later valuation date, the plan shall resume receipt of
2140	state premium tax moneys until the plan is once again fully
2141	funded. The term "fully funded" means that the present value of
2142	all benefits, accrued and projected, is less than the available
2143	assets and the present value of future member contributions and
2144	future plan sponsor contributions on an actuarial entry age cost
2145	funding basis. Effective May 31, 1998, for plans discussed
2146	herein, the plan shall remain in effect until the final benefit
2147	payment has been made to the last participant or beneficiary and
2148	shall then be terminated in accordance with s. 175.361.
2149	Section 29.  Section 175.372, Florida Statutes, is created
2150	to read:
2151	175.372  Benefits under another retirement system or
2152	pension program.-For any municipality, special fire control
2153	district, chapter plan, local law municipality, local law
2154	special fire control district, or local law plan under this
2155	chapter:
2156	(1)  A firefighter who has a vested right to benefits under
2157	the pension plan may not receive a benefit under a new
2158	retirement system or pension program for any period of service
2159	for which benefits are being paid pursuant to the pension plan
2160	subject to this chapter.
2161	(2)  If a municipality or special fire control district
2162	chooses to create or transfer to another retirement system or
2163	pension program, including, but not limited to, a defined
2164	contribution program, for all or a portion of its active
2165	firefighters who are in a pension plan subject to this chapter,
2166	or for firefighters hired after a date certain, the municipality
2167	or special fire control district shall continue to receive state
2168	premium tax moneys and must use those funds as needed to fully
2169	fund a preexisting plan subject to this chapter or to reduce the
2170	required contributions of the municipality or special fire
2171	control district to the new retirement system or pension
2172	program.
2173	Section 30.  Subsection (4) of section 185.02, Florida
2174	Statutes, is amended to read:
2175	185.02  Definitions.-For any municipality, chapter plan,
2176	local law municipality, or local law plan under this chapter,
2177	the following words and phrases as used in this chapter shall
2178	have the following meanings, unless a different meaning is
2179	plainly required by the context:
2180	(4)  "Compensation" or "salary" means the fixed monthly
2181	total cash remuneration including "overtime" paid by the primary
2182	employer to a police officer for services rendered, but not
2183	including any payments for extra duty or a special detail work
2184	performed on behalf of a second party employer. However, a local
2185	law plan may limit the amount of overtime payments which can be
2186	used for retirement benefit calculation purposes, but in no
2187	event shall such overtime limit be less than 300 hours per
2188	officer per calendar year.
2189	(a)  Any retirement trust fund or plan that which now or
2190	hereafter meets the requirements of this chapter may shall not,
2191	solely by virtue of this subsection, reduce or diminish the
2192	monthly retirement income otherwise payable to each police
2193	officer covered by the retirement trust fund or plan.
2194	(b)  The member's compensation or salary contributed as
2195	employee-elective salary reductions or deferrals to any salary
2196	reduction, deferred compensation, or tax-sheltered annuity
2197	program authorized under the Internal Revenue Code shall be
2198	deemed to be the compensation or salary the member would receive
2199	if he or she were not participating in such program and shall be
2200	treated as compensation for retirement purposes under this
2201	chapter.
2202	(c)  For any person who first becomes a member in a any
2203	plan year beginning on or after January 1, 1996, compensation
2204	for a any plan year may shall not include any amounts in excess
2205	of the Internal Revenue Code s. 401(a)(17) limitation, (as
2206	amended by the Omnibus Budget Reconciliation Act of 1993), which
2207	limitation of $150,000 shall be adjusted as required by federal
2208	law for qualified government plans and shall be further adjusted
2209	for changes in the cost of living in the manner provided by
2210	Internal Revenue Code s. 401(a)(17)(B). For any person who first
2211	became a member before prior to the first plan year beginning on
2212	or after January 1, 1996, the limitation on compensation shall
2213	be at least not less than the maximum compensation amount that
2214	was allowed to be taken into account under the plan as in effect
2215	on July 1, 1993, which limitation shall be adjusted for changes
2216	in the cost of living since 1989 as in the manner provided by
2217	Internal Revenue Code s. 401(a)(17)(1991).
2218	Section 31.  Subsection (2) of section 185.03, Florida
2219	Statutes, is amended to read:
2220	185.03  Municipal police officers' retirement trust funds;
2221	creation; applicability of provisions; participation by public
2222	safety officers.-For any municipality, chapter plan, local law
2223	municipality, or local law plan under this chapter:
2224	(2)  The provisions of this chapter shall apply only to
2225	municipalities organized and established pursuant to the laws of
2226	the state, and do said provisions shall not apply to the
2227	unincorporated areas of any county or counties or nor shall the
2228	provisions hereof apply to any governmental entity whose police
2229	officers are eligible to participate in the Florida Retirement
2230	System, except as provided in s. 185.35(5), s. 185.38, or s.
2231	185.381.
2232	Section 32.  Present paragraphs (c) and (d) of subsection
2233	(1) of section 185.05, Florida Statutes, are redesignated as
2234	paragraphs (d) and (e), respectively, and a new paragraph (c) is
2235	added to that subsection, to read:
2236	185.05  Board of trustees; members; terms of office;
2237	meetings; legal entity; costs; attorney's fees.-For any
2238	municipality, chapter plan, local law municipality, or local law
2239	plan under this chapter:
2240	(1)  In each municipality described in s. 185.03 there is
2241	hereby created a board of trustees of the municipal police
2242	officers' retirement trust fund, which shall be solely
2243	responsible for administering the trust fund. Effective October
2244	1, 1986, and thereafter:
2245	(c)  A majority of the members of a board of trustees may
2246	not be members or retirees of the plan for which the board is
2247	administering the trust fund.
2248	Section 33.  Paragraph (b) of subsection (2) of section
2249	185.07, Florida Statutes, is amended to read:
2250	185.07  Creation and maintenance of fund.-For any
2251	municipality, chapter plan, local law municipality, or local law
2252	plan under this chapter:
2253	(2)  Member contribution rates may be adjusted as follows:
2254	(b)  Police officer member contributions may be increased
2255	by consent of the members' collective bargaining representative
2256	or, if none, by majority consent of police officer members of
2257	the fund to provide greater benefits.
2258
2259	Nothing in this section shall be construed to require adjustment
2260	of member contribution rates in effect on the date this act
2261	becomes a law, including rates that exceed 5 percent of salary,
2262	provided that such rates are at least one-half of 1 percent of
2263	salary.
2264	Section 34.  Subsection (2) of section 185.16, Florida
2265	Statutes, is amended to read:
2266	185.16  Requirements for retirement.-For any municipality,
2267	chapter plan, local law municipality, or local law plan under
2268	this chapter, any police officer who completes 10 or more years
2269	of creditable service as a police officer and attains age 55, or
2270	completes 25 years of creditable service as a police officer and
2271	attains age 52, and for such period has been a member of the
2272	retirement fund is eligible for normal retirement benefits.
2273	Normal retirement under the plan is retirement from the service
2274	of the city on or after the normal retirement date. In such
2275	event, for chapter plans and local law plans, payment of
2276	retirement income will be governed by the following provisions
2277	of this section:
2278	(2)  The amount of the monthly retirement income payable to
2279	a police officer who retires on or after his or her normal
2280	retirement date is shall be an amount equal to the number of the
2281	police officer's years of credited service multiplied by 2
2282	percent of his or her average final compensation. However, if
2283	current state contributions pursuant to this chapter are not
2284	adequate to fund the additional benefits to meet the minimum
2285	requirements in this chapter, only increment increases shall be
2286	required as state moneys are adequate to provide. Such
2287	increments shall be provided as state moneys become available.
2288	Section 35.  Section 185.35, Florida Statutes, is amended
2289	to read:
2290	185.35  Municipalities having their own pension plans for
2291	police officers.-For any municipality, chapter plan, local law
2292	municipality, or local law plan under this chapter, in order for
2293	municipalities that have with their own pension plans for police
2294	officers, or for police officers and firefighters where
2295	included, to participate in the distribution of the tax fund
2296	established pursuant to s. 185.08, local law plans must provide
2297	extra benefits within those pension plans for police officers,
2298	or for police officers and firefighters where included, which
2299	are equal to or greater than the value of the premium tax income
2300	received. meet the minimum benefits and minimum standards set
2301	forth in this chapter:
2302	(1)  PREMIUM TAX INCOME.-If a municipality has a pension
2303	plan for police officers, or for police officers and
2304	firefighters where included, which, in the opinion of the
2305	division, meets the minimum benefits and minimum standards set
2306	forth in this chapter, the board of trustees of the pension
2307	plan, as approved by a majority of police officers of the
2308	municipality, may:
2309	(a)  Place the income from the premium tax in s. 185.08 in
2310	such pension plan for the sole and exclusive use of its police
2311	officers, or its police officers and firefighters where
2312	included, where it shall become an integral part of that pension
2313	plan and shall be used to pay extra benefits to the police
2314	officers included in that pension plan; or
2315	(b)  May place the income from the premium tax in s. 185.08
2316	in a separate supplemental plan to pay extra benefits to the
2317	police officers, or police officers and firefighters where
2318	included, participating in such separate supplemental plan. The
2319	premium tax provided by this chapter must shall in all cases be
2320	used in its entirety to provide extra benefits to police
2321	officers, or to police officers and firefighters, where
2322	included. Notwithstanding any other provision of this chapter
2323	However, local law plans in effect on October 1, 1998, may shall
2324	be required to comply with the minimum benefit
2325	this chapter by providing pension benefits that, in the
2326	aggregate, exceed the minimum benefits set forth in this chapter
2327	as determined by the plan's actuary only to the extent that
2328	additional premium tax revenues become available to
2329	incrementally fund the cost of such compliance as provided in s.
2330	185.16(2). When a plan is in compliance with such minimum
2331	benefit provisions, as subsequent additional tax revenues become
2332	available, they shall be used to provide extra benefits. For the
2333	purpose of this chapter, "additional premium tax revenues" means
2334	revenues received by a municipality pursuant to s. 185.10 which
2335	exceed the amount received for calendar year 1997, and the term
2336	"extra benefits" means benefits that are in addition to or
2337	greater than those provided to general employees of the
2338	municipality regardless of when such additional or greater
2339	benefit was or is provided and in addition to those in existence
2340	for police officers on March 12, 1999. Local law plans created
2341	by special act before May 23, 1939, are shall be deemed to
2342	comply with this chapter.
2343	(2)  A ADOPTION OR REVISION OF A LOCAL LAW PLAN.-No
2344	retirement plan or amendment to a retirement plan may not shall
2345	be proposed for adoption unless the proposed plan or amendment
2346	contains an actuarial estimate of the costs involved. The No
2347	such proposed plan or proposed plan change may not shall be
2348	adopted without the approval of the municipality or, if where
2349	permitted, the Legislature. Copies of the proposed plan or
2350	proposed plan change and the actuarial impact statement of the
2351	proposed plan or proposed plan change shall be furnished to the
2352	division prior to the last public hearing thereon. The impact
2353	Such statement must shall also indicate whether the proposed
2354	plan or proposed plan change is in compliance with s. 14, Art. X
2355	of the State Constitution and those provisions of part VII of
2356	chapter 112 which are not expressly provided in this chapter.
2357	Notwithstanding any other provision, only those local law plans
2358	created by special act of legislation before prior to May 23,
2359	1939, are shall be deemed to meet the minimum benefits and
2360	minimum standards only in this chapter.
2361	(3)  Notwithstanding any other provision, with respect to a
2362	any supplemental plan municipality:
2363	(a)  Section 185.02(4)(a) shall not apply, and a local law
2364	plan and a supplemental plan may continue to use their
2365	definition of compensation or salary in existence on March 12,
2366	1999 the effective date of this act.
2367	(b)  Section 185.05(1)(b) shall not apply, and a local law
2368	plan and a supplemental plan shall continue to be administered
2369	by a board or boards of trustees numbered, constituted, and
2370	selected as the board or boards were numbered, constituted, and
2371	selected on December 1, 2000.
2372	(c)  The election set forth in paragraph (1)(b) shall be
2373	deemed to have been made.
2374	(4)  The retirement plan setting forth the benefits and the
2375	trust agreement, if any, covering the duties and
2376	responsibilities of the trustees and the regulations of the
2377	investment of funds must be in writing and copies must be made
2378	available to the participants and to the general public.
2379	(5)  A municipality may establish one or more new plans, or
2380	benefit levels within a plan, which provide different benefit
2381	levels for plan members based on the member's date of hire if
2382	the new plan or benefit level provides pension benefits that, in
2383	the aggregate, meet or exceed the minimum benefits set forth in
2384	this chapter, as determined by the plan's actuary. A
2385	municipality may elect to maintain an existing plan and join the
2386	Florida Retirement System for employees hired after a specified
2387	date. A municipality choosing to operate under this subsection
2388	shall use the premium tax provided under this chapter for the
2389	current plan or benefit level, for any additional plan or
2390	benefit level, or for contributions to the Florida Retirement
2391	System.
2392	Section 36.  Section 185.38, Florida Statutes, is amended
2393	to read:
2394	185.38  Transfer to another state retirement system;
2395	benefits payable.-For any municipality, chapter plan, local law
2396	municipality, or local law plan under this chapter:
2397	(1)  Any police officer who has a vested right to benefits
2398	under a pension plan created pursuant to the provisions of this
2399	chapter and who elects to participate in another state
2400	retirement system may not receive a benefit under the other the
2401	provisions of the latter retirement system for any period of
2402	year's service for which benefits are paid under the provisions
2403	of the pension plan created pursuant to this chapter.
2404	(2)  If When every active participant in any pension plan
2405	created pursuant to this chapter elects to transfer to another
2406	state retirement system, the pension plan created pursuant to
2407	this chapter shall be terminated and the assets distributed in
2408	accordance with s. 185.37. If, upon joining another state
2409	retirement system as the result of a transfer, merger, or
2410	consolidation of governmental services, or as the municipality's
2411	election to participate in such system, some participants in a
2412	pension plan subject created pursuant to this chapter elect to
2413	transfer to another state retirement system and other
2414	participants elect to remain in the existing plan created
2415	pursuant to this chapter, the existing plan created pursuant to
2416	this chapter shall continue to receive state premium tax moneys
2417	until fully funded. If the plan is fully funded at a particular
2418	valuation date and not fully funded at a later valuation date,
2419	the plan shall resume receipt of state premium tax moneys until
2420	the plan is once again determined to be fully funded. The term
2421	"fully funded" means that the present value of all benefits,
2422	accrued and projected, is less than the available assets and the
2423	present value of future member contributions and future plan
2424	sponsor contributions on an actuarial entry age cost funding
2425	basis. Effective May 31, 1998, for plans discussed herein, the
2426	plan shall remain in effect until the final benefit payment has
2427	been made to the last participant or beneficiary and shall then
2428	be terminated in accordance with s. 185.37.
2429	Section 37.  Section 185.381, Florida Statutes, is created
2430	to read:
2431	185.381  Benefits under another retirement system or
2432	pension program.-For any municipality, chapter plan, local law
2433	municipality, or local law plan under this chapter:
2434	(1)  A police officer who has a vested right to benefits
2435	under the pension plan may not receive a benefit under a new
2436	retirement system or pension program for any period of service
2437	for which benefits are paid pursuant to the pension plan subject
2438	to this chapter.
2439	(2)  If a municipality chooses to create or transfer to
2440	another retirement system or pension program, including, but not
2441	limited to, a defined contribution program, for all or a portion
2442	of its active police officers who are in a pension plan subject
2443	to this chapter, or for police officers hired after a date
2444	certain, the municipality shall continue to receive state
2445	premium tax moneys and must use those funds as needed to fully
2446	fund a preexisting plan subject to this chapter or to reduce the
2447	required contributions of the municipality to the new retirement
2448	system or pension program.
2449	Section 38.  Paragraph (g) of subsection (2) of section
2450	238.181, Florida Statutes, is amended to read:
2451	238.181  Reemployment after retirement; conditions and
2452	limitations.-
2453	(2)
2454	(g)  The employment by an employer of any retiree of a
2455	state-administered retirement system shall have no effect on the
2456	average final compensation or years of creditable service of
2457	such retiree. Prior to July 1, 1991, upon employment of any
2458	person, other than an elected officer as provided in s. 121.053,
2459	who has been retired under any state-administered retirement
2460	program, the employer shall pay retirement contributions in an
2461	amount equal to the unfunded actuarial accrued liability portion
2462	of the employer contribution which would be required for a
2463	regular member of the Florida Retirement System. Effective July
2464	1, 1991, contributions shall be made as provided in s. 121.122
2465	for renewed membership.
2466	Section 39.  Paragraph (i) of subsection (3) of section
2467	1012.875, Florida Statutes, is amended to read:
2468	1012.875  State Community College System Optional
2469	Retirement Program.-Each community college may implement an
2470	optional retirement program, if such program is established
2471	therefor pursuant to s. 1001.64(20), under which annuity or
2472	other contracts providing retirement and death benefits may be
2473	purchased by, and on behalf of, eligible employees who
2474	participate in the program, in accordance with s. 403(b) of the
2475	Internal Revenue Code. Except as otherwise provided herein, this
2476	retirement program, which shall be known as the State Community
2477	College System Optional Retirement Program, may be implemented
2478	and administered only by an individual community college or by a
2479	consortium of community colleges.
2480	(3)
2481	(i)  Except as provided in s. 121.052(6)(d), A program
2482	participant who is or who becomes dually employed in two or more
2483	positions covered by the Florida Retirement System, one of which
2484	is eligible for an optional retirement program pursuant to this
2485	section and one of which is not, is subject to the dual
2486	employment provisions of chapter 121.
2487	Section 40.  Any elected official convicted of a crime, or
2488	who is forced to resign his or her office as a result of a plea
2489	bargain, shall forfeit any pension benefit administered by this
2490	state or any political subdivision thereof.
2491	Section 41.  The Legislature finds that a proper and
2492	legitimate state purpose is served when employees and retirees
2493	of the state and its political subdivisions, and the dependents,
2494	survivors, and beneficiaries of such employees and retirees, are
2495	extended the basic protections afforded by governmental
2496	retirement systems. These persons must be provided benefits that
2497	are fair and adequate and that are managed, administered, and
2498	funded in an actuarially sound manner, as required by s. 14,
2499	Article X of the State Constitution and part VII of chapter 112,
2500	Florida Statutes. Therefore, the Legislature determines and
2501	declares that this act fulfills an important state interest.
2502	Section 42.  This act shall take effect July 1, 2010.

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