SB 2100                                          First Engrossed
       
       
       
       
       
       
       
       
       20112100e1
       
    1                        A bill to be entitled                      
    2         An act relating to retirement; amending ss. 110.123,
    3         112.0801, 112.363, and 112.65, F.S.; conforming
    4         provisions to changes made by the act; amending s.
    5         121.011, F.S.; requiring employee and employer
    6         contributions to the retirement system by a certain
    7         date; amending s. 121.021, F.S.; redefining the terms
    8         “system,” “prior service,” “compensation,” “average
    9         final compensation,” “normal retirement date,”
   10         “termination,” “benefit,” and “payee”; defining the
   11         term “division”; amending s. 121.051, F.S.; conforming
   12         provisions to changes made by the act; amending s.
   13         121.0515, F.S.; providing that special risk employee
   14         contributions be used, if applicable, when purchasing
   15         credit for past service; conforming a cross-reference;
   16         amending s. 121.052, F.S., relating to the membership
   17         class of elected officers; conforming provisions to
   18         changes made by the act; providing for a refund of
   19         contributions under certain circumstances for an
   20         officer who leaves office; prohibiting such refund if
   21         an approved qualified domestic relations order is
   22         filed against the member’s retirement account;
   23         providing that a member who obtains a refund of
   24         contributions waives certain rights under the Florida
   25         Retirement System; conforming a cross-reference;
   26         amending s. 121.053, F.S.; conforming provisions to
   27         changes made by the act; amending s. 121.055, F.S.,
   28         relating to the Senior Management Service Class;
   29         conforming provisions to changes made by the act;
   30         providing for refunds of employee refunds; prohibiting
   31         a refund of retirement contributions if an approved
   32         qualified domestic relations order is filed against
   33         the member’s retirement account; providing that a
   34         member who obtains a refund of contributions waives
   35         certain rights under the Florida Retirement System;
   36         requiring employee and employer contributions for
   37         members in the Senior Management Service Optional
   38         Annuity Program after a certain date; limiting the
   39         payment of benefits before a member’s termination of
   40         employment; amending s. 121.071, F.S.; requiring
   41         employee and employer contributions to the retirement
   42         system beginning on a certain date; limiting the
   43         payment of benefits before a member’s termination of
   44         employment; requiring repayment plus interest of an
   45         invalid refund; amending s. 121.081, F.S.; providing
   46         requirements for contributions for prior service
   47         performed on or after a certain date; amending s.
   48         121.091, F.S.; conforming a cross-reference; providing
   49         for refunds of employee refunds; limiting the payment
   50         of benefits before a member’s termination of
   51         employment; prohibiting a refund of retirement
   52         contributions if an approved qualified domestic
   53         relations order is filed against the member’s
   54         retirement account; providing that a member who
   55         obtains a refund of contributions waives certain
   56         rights under the Florida Retirement System; revising
   57         the interest rate accruing on DROP benefits after a
   58         certain date; conforming provisions to changes made by
   59         the act; amending s. 121.1001, F.S.; conforming
   60         provisions to changes made by the act; amending s.
   61         121.101, F.S.;. revising the cost-of-living adjustment
   62         depending on the date of retirement; amending s.
   63         121.121, F.S., relating to the purchase of creditable
   64         service following an authorized leave of absence;
   65         requiring that service credit be purchased at the
   66         employee and employer contribution rates in effect
   67         during the leave of absence; reducing the interest
   68         rate on benefits payable under the Deferred Retirement
   69         Option Program for employees hired after a certain
   70         date; amending s. 121.122, F.S.; providing for renewed
   71         membership in the retirement system for retirees who
   72         are reemployed after a certain date; excluding
   73         retirees of the Elected Officers’ Class or the Senior
   74         Management Service Class; specifying requirements and
   75         limitations; amending s. 121.125, F.S.; conforming
   76         provisions to changes made by the act; assessing a
   77         penalty against employers for contributions not paid
   78         after a member becomes eligible for workers’
   79         compensation; amending s. 121.35, F.S., relating to
   80         the optional retirement program for the State
   81         University System; conforming provisions to changes
   82         made by the act; requiring employee and employer
   83         contributions for members participating in the
   84         optional retirement program after a certain date;
   85         deleting certain requirements governing employer
   86         contributions to conform to changes made by the act;
   87         prohibiting certain benefits before termination from
   88         employment; conforming cross-references; amending s.
   89         121.355, F.S.; conforming provisions to changes made
   90         by the act; amending s. 121.4501, F.S.; changing the
   91         name of the Public Employee Optional Retirement
   92         Program to the Florida Retirement System Investment
   93         Plan; limiting the option of enrolling in the State
   94         Retirement System’s defined benefit program or defined
   95         contribution program to public employees employed
   96         before a certain date; requiring certain public
   97         employees employed on or after a certain date to
   98         enroll in the investment plan; providing exceptions;
   99         requiring that plan members make contributions to the
  100         plan based on the employee’s membership class;
  101         revising definitions; revising the benefit
  102         commencement age for members of the special risk
  103         class; providing for contribution adjustments as a
  104         result of errors or corrections; deleting obsolete
  105         provisions relating to the 2002 optional transfer of
  106         public employees from the pension plan to the
  107         investment plan; providing for past employees who
  108         reenter the system; requiring an employer to receive a
  109         credit for excess contributions and to reimburse an
  110         employee for excess contributions, subject to certain
  111         limitations; providing for a retiree to retain his or
  112         her prior plan choice following a return to
  113         employment; limiting certain refunds of contributions
  114         which exceed the amount that would have accrued had
  115         the member remained in the pension plan; providing
  116         certain requirements and limitations with respect to
  117         contributions; clarifying that employee and employer
  118         contributions are earmarked for specified purposes;
  119         providing duties of the third-party administrator;
  120         providing that a member is vested immediately with
  121         respect to employee contributions paid by the
  122         employee; providing for the forfeiture of nonvested
  123         employer contributions and service credit based on
  124         years of service; amending s. 121.4502, F.S.;
  125         conforming provisions to changes made by the act;
  126         amending s. 121.4503, F.S.; providing for the deposit
  127         of employee contributions into the Florida Retirement
  128         System Contributions Clearing Trust Fund; amending s.
  129         121.571, F.S.; conforming provisions to changes made
  130         by the act; providing requirements for submitting
  131         employee contributions; amending s. 121.591, F.S.;
  132         prohibiting the payment of certain benefits before
  133         termination of employment; providing for the
  134         forfeiture of nonvested accumulations upon payment of
  135         certain vested benefits; providing that the
  136         distribution payment method selected by the member or
  137         beneficiary is irrevocable at the time of
  138         distribution; prohibiting a distribution of employee
  139         contributions if a qualified domestic relations order
  140         is filed against the member’s account; providing for
  141         the distribution of an employee’s contributions if the
  142         employee dies before being vested; conforming
  143         provisions to changes made by the act; amending ss.
  144         121.5911 and 121.70, F.S.; conforming provisions to
  145         changes made by the act; amending s. 121.71, F.S.;
  146         providing for employee contributions to be deducted
  147         from the employee’s monthly salary, beginning on a
  148         specified date, and treated as employer contributions
  149         under certain provisions of federal law; clarifying
  150         that an employee may not receive such contributions
  151         directly; specifying the required contribution rate
  152         for all members of the Florida Retirement System;
  153         specifying the required employer retirement
  154         contribution rates for each membership class and
  155         subclass of the system in order to address unfunded
  156         actuarial liabilities of the system; requiring an
  157         assessment to be imposed if the employee contributions
  158         remitted are less than the amount required; providing
  159         for the employer to receive a credit for excess
  160         contributions remitted; conforming cross-references;
  161         amending s. 121.72, F.S.; revising certain
  162         requirements governing allocations to optional
  163         retirement program member accounts; conforming cross
  164         references; amending s. 121.73, F.S., relating to
  165         disability coverage for members of the optional
  166         retirement program; conforming provisions to changes
  167         made by the act; amending ss. 121.74, 121.75, and
  168         121.77, F.S.; conforming provisions to changes made by
  169         the act; conforming cross-references; amending s.
  170         121.78, F.S.; revising certain requirements for
  171         administering the payment and distribution of
  172         contributions; requiring that certain fees be imposed
  173         for delinquent payment; providing that an employer is
  174         responsible for recovering any refund provided to an
  175         employee in error; revising the terms of an authorized
  176         waiver of delinquency; requiring an employer to
  177         receive a credit for excess contributions and to
  178         reimburse an employee for excess contributions,
  179         subject to certain limitations; amending s. 175.121,
  180         F.S.; specifying other sources available to pay the
  181         expenses of the Department of Revenue for
  182         administering firefighters’ pension plans; amending s.
  183         175.341, F.S.; conforming provisions to changes made
  184         by the act; amending s. 185.10, F.S.; specifying other
  185         sources available to pay the expenses of the
  186         department for administering police officers’ pension
  187         plans; amending s. 185.23, F.S.; conforming provisions
  188         to changes made by the act; amending s. 250.22, F.S.;
  189         providing that retirement pay for members of the
  190         Florida National Guard is determined on the date of
  191         retirement and may not be recomputed to reflect an
  192         increase in basic pay; directing the Division of
  193         Retirement to annually adjust retirement pay after a
  194         certain date; amending s. 1012.875, F.S.; requiring
  195         employee and employer contributions for members of the
  196         State Community College System Optional Retirement
  197         Program on a certain date; conforming cross
  198         references; providing that the act fulfills an
  199         important state interest; providing a directive to the
  200         Division of Statutory Revision; requiring the State
  201         Board of Administration and the Department of
  202         Management Services to request a private letter ruling
  203         from the United States Internal Revenue Service
  204         regarding the act; providing an effective date.
  205  
  206  Be It Enacted by the Legislature of the State of Florida:
  207  
  208         Section 1. Paragraph (g) of subsection (2) of section
  209  110.123, Florida Statutes, is amended to read:
  210         110.123 State group insurance program.—
  211         (2) DEFINITIONS.—As used in this section, the term:
  212         (g) “Retired state officer or employee” or “retiree” means
  213  a any state, or state university, officer or employee who
  214  retires under a state retirement system or a state optional
  215  annuity or retirement program or is placed on disability
  216  retirement, and who was insured under the state group insurance
  217  program at the time of retirement, and who begins receiving
  218  retirement benefits immediately after retirement from state or
  219  state university office or employment. The term also includes In
  220  addition to these requirements, any state officer or state
  221  employee who retires under the investment plan Public Employee
  222  Optional Retirement Program established under part II of chapter
  223  121 shall be considered a “retired state officer or employee” or
  224  “retiree” as used in this section if he or she:
  225         1. Meets the age and service requirements to qualify for
  226  normal retirement as set forth in s. 121.021(29); or
  227         2. Has attained the age specified by s. 72(t)(2)(A)(i) of
  228  the Internal Revenue Code and has 6 years of creditable service.
  229         Section 2. Section 112.0801, Florida Statutes, is amended
  230  to read:
  231         112.0801 Group insurance; participation by retired
  232  employees.—
  233         (1) Any state agency, county, municipality, special
  234  district, community college, or district school board that which
  235  provides life, health, accident, hospitalization, or annuity
  236  insurance, or all of any kinds of such insurance, for its
  237  officers and employees and their dependents upon a group
  238  insurance plan or self-insurance plan shall allow all former
  239  personnel who have retired before prior to October 1, 1987, as
  240  well as those who retire on or after such date, and their
  241  eligible dependents, the option of continuing to participate in
  242  the such group insurance plan or self-insurance plan. Retirees
  243  and their eligible dependents shall be offered the same health
  244  and hospitalization insurance coverage as is offered to active
  245  employees at a premium cost of no more than the premium cost
  246  applicable to active employees. For the retired employees and
  247  their eligible dependents, the cost of any such continued
  248  participation in any type of plan or any of the cost thereof may
  249  be paid by the employer or by the retired employees. To
  250  determine health and hospitalization plan costs, the employer
  251  shall commingle the claims experience of the retiree group with
  252  the claims experience of the active employees; and, for other
  253  types of coverage, the employer may commingle the claims
  254  experience of the retiree group with the claims experience of
  255  active employees. Retirees covered under Medicare may be
  256  experience-rated separately from the retirees not covered by
  257  Medicare and from active employees if, provided that the total
  258  premium does not exceed that of the active group and coverage is
  259  basically the same as for the active group.
  260         (2) For purposes of this section, the term “retiree” has
  261  the same meaning as in s. 110.123(2) means any officer or
  262  employee who retires under a state retirement system or a state
  263  optional annuity or retirement program or is placed on
  264  disability retirement and who begins receiving retirement
  265  benefits immediately after retirement from employment. In
  266  addition to these requirements, any officer or employee who
  267  retires under the Public Employee Optional Retirement Program
  268  established under part II of chapter 121 shall be considered a
  269  “retired officer or employee” or “retiree” as used in this
  270  section if he or she:
  271         (a)Meets the age and service requirements to qualify for
  272  normal retirement as set forth in s. 121.021(29); or
  273         (b)Has attained the age specified by s. 72(t)(2)(A)(i) of
  274  the Internal Revenue Code and has 6 years of creditable service.
  275         Section 3. Paragraphs (b) and (c) of subsection (2) and
  276  paragraph (e) of subsection (3) of section 112.363, Florida
  277  Statutes, are amended to read:
  278         112.363 Retiree health insurance subsidy.—
  279         (2) ELIGIBILITY FOR RETIREE HEALTH INSURANCE SUBSIDY.—
  280         (b) For purposes of this section, a person is deemed
  281  retired from a state-administered retirement system when he or
  282  she terminates employment with all employers participating in
  283  the Florida Retirement System as described in s. 121.021(39)
  284  and:
  285         1. For a member participant of the investment plan Public
  286  Employee Optional Retirement program established under part II
  287  of chapter 121, the member participant meets the age or service
  288  requirements to qualify for normal retirement as set forth in s.
  289  121.021(29) and meets the definition of retiree in s.
  290  121.4501(2).
  291         2. For a member of the pension plan Florida Retirement
  292  System defined benefit program, or any employee who maintains
  293  creditable service under both the pension plan and the
  294  investment plan defined benefit program and the Public Employee
  295  Optional Retirement program, the member begins drawing
  296  retirement benefits from the pension plan defined benefit
  297  program of the Florida Retirement System.
  298         (c)1. Effective July 1, 2001, any person retiring on or
  299  after that such date as a member of the Florida Retirement
  300  System, including a member any participant of the investment
  301  plan defined contribution program administered pursuant to part
  302  II of chapter 121, must have satisfied the vesting requirements
  303  for his or her membership class under the pension plan Florida
  304  Retirement System defined benefit program as administered under
  305  part I of chapter 121. However,
  306         2. Notwithstanding the provisions of subparagraph 1., a
  307  person retiring due to disability must either qualify for a
  308  regular or in-line-of-duty disability benefit as provided in s.
  309  121.091(4) or qualify for a disability benefit under a
  310  disability plan established under part II of chapter 121, as
  311  appropriate.
  312         (3) RETIREE HEALTH INSURANCE SUBSIDY AMOUNT.—
  313         (e)1. Beginning July 1, 2001, each eligible retiree of the
  314  pension plan defined benefit program of the Florida Retirement
  315  System, or, if the retiree is deceased, his or her beneficiary
  316  who is receiving a monthly benefit from such retiree’s account
  317  and who is a spouse, or a person who meets the definition of
  318  joint annuitant in s. 121.021(28), shall receive a monthly
  319  retiree health insurance subsidy payment equal to the number of
  320  years of creditable service, as defined in s. 121.021(17),
  321  completed at the time of retirement multiplied by $5; however,
  322  an no eligible retiree or beneficiary may not receive a subsidy
  323  payment of more than $150 or less than $30. If there are
  324  multiple beneficiaries, the total payment may must not be
  325  greater than the payment to which the retiree was entitled. The
  326  health insurance subsidy amount payable to any person receiving
  327  the retiree health insurance subsidy payment on July 1, 2001,
  328  may shall not be reduced solely by operation of this
  329  subparagraph.
  330         2. Beginning July 1, 2002, each eligible member participant
  331  of the investment plan under part II of chapter 121 Public
  332  Employee Optional Retirement program of the Florida Retirement
  333  System who has met the requirements of this section, or, if the
  334  member participant is deceased, his or her spouse who is the
  335  member’s participant’s designated beneficiary, shall receive a
  336  monthly retiree health insurance subsidy payment equal to the
  337  number of years of creditable service, as provided in this
  338  subparagraph, completed at the time of retirement, multiplied by
  339  $5; however, an no eligible retiree or beneficiary may not
  340  receive a subsidy payment of more than $150 or less than $30.
  341  For purposes of determining a member’s participant’s creditable
  342  service used to calculate the health insurance subsidy, the
  343  member’s a participant’s years of service credit or fraction
  344  thereof must shall be based on the member’s participant’s work
  345  year as defined in s. 121.021(54). Credit must shall be awarded
  346  for a full work year if whenever health insurance subsidy
  347  contributions have been made as required by law for each month
  348  in the member’s participant’s work year. In addition, all years
  349  of creditable service retained under the Florida Retirement
  350  System pension plan must defined benefit program shall be
  351  included as creditable service for purposes of this section.
  352  Notwithstanding any other provision in this section to the
  353  contrary, the spouse at the time of death is shall be the
  354  member’s participant’s beneficiary unless such member
  355  participant has designated a different beneficiary subsequent to
  356  the member’s participant’s most recent marriage.
  357         Section 4. Subsection (1) of section 112.65, Florida
  358  Statutes, is amended to read:
  359         112.65 Limitation of benefits.—
  360         (1) ESTABLISHMENT OF PROGRAM.—The normal retirement benefit
  361  or pension payable to a retiree who becomes a member of a any
  362  retirement system or plan and who has not previously
  363  participated in such plan, on or after January 1, 1980, may
  364  shall not exceed 100 percent of his or her average final
  365  compensation. However, nothing contained in this section does
  366  not shall apply to supplemental retirement benefits or to
  367  pension increases attributable to cost-of-living increases or
  368  adjustments. For the purposes of this section, benefits accruing
  369  in individual member participant accounts established under the
  370  investment plan Public Employee Optional Retirement program
  371  established in part II of chapter 121 are considered
  372  supplemental benefits. As used in this section, the term
  373  “average final compensation” means the average of the member’s
  374  earnings over a period of time which the governmental entity
  375  establishes has established by statute, charter, or ordinance.
  376         Section 5. Paragraph (h) is added to subsection (3) of
  377  section 121.011, Florida Statutes, to read:
  378         121.011 Florida Retirement System.—
  379         (3) PRESERVATION OF RIGHTS.—
  380         (h) Effective July 1, 2011, the retirement system shall
  381  require employee and employer contributions as provided in s.
  382  121.071 and part III of this chapter.
  383         Section 6. Subsection (3), paragraph (a) of subsection
  384  (19), paragraphs (a) and (b) of subsection (22), subsections
  385  (24), (29), (39), (45), (55), and (59) of section 121.021,
  386  Florida Statutes, are amended, and subsection (65) is added to
  387  that section, to read:
  388         121.021 Definitions.—The following words and phrases as
  389  used in this chapter have the respective meanings set forth
  390  unless a different meaning is plainly required by the context:
  391         (3) “Florida Retirement System” or “system” means the
  392  general retirement system established by this chapter, to be
  393  known and cited as the “Florida Retirement System,” including,
  394  but not limited to, the defined benefit retirement program
  395  administered under the provisions of part I of this part,
  396  referred to as the “Florida Retirement System Pension Plan” or
  397  “pension plan,” chapter and the defined contribution retirement
  398  program known as the Public Employee Optional Retirement Program
  399  and administered under the provisions of part II of this
  400  chapter, referred to as the “Florida Retirement System
  401  Investment Plan” or “investment plan.
  402         (19) “Prior service” under this chapter means:
  403         (a) Service for which the member had credit under one of
  404  the existing systems and received a refund of his or her
  405  contributions upon termination of employment. Prior service
  406  shall also includes include that service between December 1,
  407  1970, and the date the system becomes noncontributory for which
  408  the member had credit under the Florida Retirement System and
  409  received a refund of his or her contributions upon termination
  410  of employment.
  411         (22) “Compensation” means the monthly salary paid a member
  412  by his or her employer for work performed arising from that
  413  employment.
  414         (a) Before July 1, 2011, compensation includes shall
  415  include:
  416         1. Overtime payments paid from a salary fund.
  417         2. Accumulated annual leave payments.
  418         3. Payments in addition to the employee’s base rate of pay
  419  if all the following apply:
  420         a. The payments are paid according to a formal written
  421  policy that applies to all eligible employees equally;
  422         b. The policy provides that payments shall commence by no
  423  later than the 11th year of employment;
  424         c. The payments are paid for as long as the employee
  425  continues his or her employment; and
  426         d. The payments are paid at least annually.
  427         4. Amounts withheld for tax sheltered annuities or deferred
  428  compensation programs, or any other type of salary reduction
  429  plan authorized under the Internal Revenue Code.
  430         5. Payments made in lieu of a permanent increase in the
  431  base rate of pay, whether made annually or in 12 or 26 equal
  432  payments within a 12-month period, if when the member’s base pay
  433  is at the maximum of his or her pay range. If When a portion of
  434  a member’s annual increase raises his or her pay range and the
  435  excess is paid as a lump sum payment, the such lump sum payment
  436  is considered shall be compensation for retirement purposes.
  437         (b) On or after July 1, 2011, compensation includes:
  438         1. Payments in addition to the employee’s base rate of pay
  439  if the following apply:
  440         a. The payments are paid according to a formal written
  441  policy that applies to all eligible employees equally;
  442         b. The policy provides that payments shall commence by the
  443  11th year of employment; and
  444         c. The payments are paid at least annually.
  445         2. Amounts withheld for tax-sheltered annuities, deferred
  446  compensation programs, or any other type of salary reduction
  447  plan authorized under the Internal Revenue Code.
  448         3. Payments made in lieu of a permanent increase in the
  449  base rate of pay, whether made annually or in 12 or 26 equal
  450  payments within a 12-month period, if the member’s base pay is
  451  at the maximum of his or her pay range. If a portion of a
  452  member’s annual increase raises his or her pay range and the
  453  excess is paid as a lump sum payment, such lump sum payment is
  454  compensation for retirement purposes.
  455         4. Up to 300 hours of overtime payments paid from a salary
  456  fund.
  457         (c)(b)Under no circumstances shall Compensation for a
  458  member participating in the pension plan defined benefit
  459  retirement program or the investment plan Public Employee
  460  Optional Retirement Program of the Florida Retirement System may
  461  not include:
  462         1. Fees paid professional persons for special or particular
  463  services or include salary payments made from a faculty practice
  464  plan authorized by the Board of Governors of the State
  465  University System for eligible clinical faculty at a college in
  466  a state university that has a faculty practice plan; or
  467         2. Any bonuses or other payments prohibited from inclusion
  468  in the member’s average final compensation and defined in
  469  subsection (47).
  470         (24) “Average final compensation” means the average of the
  471  5 highest fiscal years of compensation for creditable service
  472  prior to retirement, termination, or death. For in-line-of-duty
  473  disability benefits, if less than 5 years of creditable service
  474  have been completed, the term “average final compensation” means
  475  the average annual compensation of the total number of years of
  476  creditable service. Each year used to calculate the in the
  477  calculation of average final compensation commences shall
  478  commence on July 1.
  479         (a) Before July 1, 2011:
  480         1. The average final compensation includes shall include:
  481         a.1. Accumulated annual leave payments, not to exceed 500
  482  hours; and
  483         b.2. All payments defined as compensation under this
  484  section in subsection (22).
  485         2.(b) The average final compensation does shall not
  486  include:
  487         a.1. Compensation paid to professional persons for special
  488  or particular services;
  489         b.2. Payments for accumulated sick leave made due to
  490  retirement or termination;
  491         c.3. Payments for accumulated annual leave in excess of 500
  492  hours;
  493         d.4. Bonuses as defined in subsection (47);
  494         e.5.Third-party Third party payments made on and after
  495  July 1, 1990; or
  496         f.6. Fringe benefits, such as (for example, automobile
  497  allowances or housing allowances).
  498         (b) On or after July 1, 2011:
  499         1. The average final compensation includes all payments
  500  defined as compensation under this section.
  501         2. The average final compensation does not include:
  502         a. Compensation paid to professional persons for special or
  503  particular services;
  504         b. Payments for accumulated sick leave made due to
  505  retirement or termination;
  506         c. Payments for accumulated annual leave;
  507         d. Payments for overtime exceeding 300 hours paid from a
  508  salary fund;
  509         e. Bonuses;
  510         f. Third-party payments made on and after July 1, 1990; or
  511         g. Fringe benefits, such as automobile allowances or
  512  housing allowances.
  513         (29) “Normal retirement date” means the date a member
  514  attains normal retirement age and is vested, which is determined
  515  as follows:
  516         (a) If a Regular Class member, a Senior Management Service
  517  Class member, or an Elected Officers’ Class member:
  518         1. The first day of the month the member completes 6 or
  519  more years of creditable service and attains age 62; or
  520         2. The first day of the month following the date the member
  521  completes 30 years of creditable service, regardless of age.
  522         (b) If a Special Risk Class member:
  523         1. The first day of the month the member completes 6 or
  524  more years of creditable service in the Special Risk Class and
  525  attains age 55;
  526         2. The first day of the month following the date the member
  527  completes 25 years of creditable service in the Special Risk
  528  Class, regardless of age; or
  529         3. The first day of the month following the date the member
  530  completes 25 years of creditable service and attains age 52,
  531  which service may include a maximum of 4 years of military
  532  service credit as long as such credit is not claimed under any
  533  other system and the remaining years are in the Special Risk
  534  Class.
  535  
  536  “Normal retirement age” is attained on the “normal retirement
  537  date.”
  538         (39)(a) “Termination” or “terminated” means occurs, except
  539  as provided in paragraph (b), that when a member ceases all
  540  employment relationships with a participating an employer;,
  541  however:
  542         1. For retirements effective before July 1, 2010, if a
  543  member is employed by any such employer within the next calendar
  544  month, termination shall be deemed not to have occurred. A leave
  545  of absence constitutes a continuation of the employment
  546  relationship, except that a leave of absence without pay due to
  547  disability may constitute termination if such member makes
  548  application for and is approved for disability retirement in
  549  accordance with s. 121.091(4). The department or state board may
  550  require other evidence of termination as it deems necessary.
  551         2. For retirements effective on or after July 1, 2010, if a
  552  member is employed by any such employer within the next 6
  553  calendar months, termination shall be deemed not to have
  554  occurred. A leave of absence constitutes a continuation of the
  555  employment relationship, except that a leave of absence without
  556  pay due to disability may constitute termination if such member
  557  makes application for and is approved for disability retirement
  558  in accordance with s. 121.091(4). The department or state board
  559  may require other evidence of termination as it deems necessary.
  560         (b) “Termination” or “terminated” means for a member
  561  electing to participate in the Deferred Retirement Option
  562  Program that occurs when the member program participant ceases
  563  all employment relationships with a participating an employer in
  564  accordance with s. 121.091(13);, however:
  565         1. For termination dates occurring before July 1, 2010, if
  566  the member participant is employed by any such employer within
  567  the next calendar month, termination will be deemed not to have
  568  occurred, except as provided in s. 121.091(13)(b)4.c. A leave of
  569  absence shall constitute a continuation of the employment
  570  relationship.
  571         2. For termination dates occurring on or after July 1,
  572  2010, if the member participant becomes employed by any such
  573  employer within the next 6 calendar months, termination will be
  574  deemed not to have occurred, except as provided in s.
  575  121.091(13)(b)4.c. A leave of absence constitutes a continuation
  576  of the employment relationship.
  577         (c) Effective July 1, 2011, “termination” or “terminated”
  578  means for a member receiving a refund of employee contributions
  579  that the member ceases all employment relationships with a
  580  participating employer for 3 calendar months. A leave of absence
  581  for less than 3 calendar months constitutes a continuation of an
  582  employment relationship.
  583         (45)(a) “Vested” or “vesting” means the guarantee that a
  584  member is eligible to receive a future retirement benefit upon
  585  completion of the required years of creditable service for the
  586  employee’s class of membership, even though the member may have
  587  terminated covered employment before reaching normal or early
  588  retirement date. Being vested does not entitle a member to a
  589  disability benefit. Provisions governing entitlement to
  590  disability benefits are set forth under s. 121.091(4).
  591         (a)(b) Effective July 1, 2001, and for members initially
  592  enrolled before July 1, 2011, a 6-year vesting requirement shall
  593  be implemented for the defined benefit program of the Florida
  594  Retirement System’s pension plan System. Pursuant thereto:
  595         1. Any member employed in a regularly established position
  596  on July 1, 2001, who completes or has completed a total of 6
  597  years of creditable service is shall be considered vested as
  598  described in paragraph (a).
  599         2. Any member not employed in a regularly established
  600  position on July 1, 2001, shall be deemed vested upon completion
  601  of 6 years of creditable service if, provided that such member
  602  is employed in a covered position for at least 1 work year after
  603  July 1, 2001. However, a no member may not shall be required to
  604  complete more years of creditable service than would have been
  605  required for that member to vest under retirement laws in effect
  606  before July 1, 2001.
  607         (b) Any member initially enrolled on or after July 1, 2011,
  608  is vested upon completion of 10 years of creditable service.
  609         (55) “Benefit” means any pension payment, lump-sum or
  610  periodic, to a member, retiree, or beneficiary, based partially
  611  or entirely on employer and employee contributions as
  612  applicable.
  613         (59) “Payee” means a retiree or beneficiary of a retiree
  614  who has received or is receiving a retirement benefit payment.
  615         (65) “Division” means the Division of Retirement in the
  616  department.
  617         Section 7. Paragraphs (b), (c), and (d) of subsection (2)
  618  of section 121.051, Florida Statutes, are amended, present
  619  paragraphs (e) and (f) of that subsection are redesignated as
  620  subsections (f) and (g), respectively, a new subsection (e) is
  621  added to that subsection, and subsection (3) of that section is
  622  amended, to read:
  623         121.051 Participation in the system.—
  624         (2) OPTIONAL PARTICIPATION.—
  625         (b)1. The governing body of any municipality, metropolitan
  626  planning organization, or special district in the state may
  627  elect to participate in the Florida Retirement System upon
  628  proper application to the administrator and may cover all or any
  629  of its units as approved by the Secretary of Health and Human
  630  Services and the administrator. The department shall adopt rules
  631  establishing procedures provisions for the submission of
  632  documents necessary for such application. Before Prior to being
  633  approved for participation in the Florida Retirement System, the
  634  governing body of a any such municipality, metropolitan planning
  635  organization, or special district that has a local retirement
  636  system must shall submit to the administrator a certified
  637  financial statement showing the condition of the local
  638  retirement system as of a date within 3 months before prior to
  639  the proposed effective date of membership in the Florida
  640  Retirement System. The statement must be certified by a
  641  recognized accounting firm that is independent of the local
  642  retirement system. All required documents necessary for
  643  extending Florida Retirement System coverage must be received by
  644  the department for consideration at least 15 days before prior
  645  to the proposed effective date of coverage. If the governing
  646  body municipality, metropolitan planning organization, or
  647  special district does not comply with this requirement, the
  648  department may require that the effective date of coverage be
  649  changed.
  650         2. A municipality Any city, metropolitan planning
  651  organization, or special district that has an existing
  652  retirement system covering the employees in the units that are
  653  to be brought under the Florida Retirement System may
  654  participate only after holding a referendum in which all
  655  employees in the affected units have the right to participate.
  656  Only those employees electing coverage under the Florida
  657  Retirement System by affirmative vote in the said referendum are
  658  shall be eligible for coverage under this chapter, and those not
  659  participating or electing not to be covered by the Florida
  660  Retirement System shall remain in their present systems and are
  661  shall not be eligible for coverage under this chapter. After the
  662  referendum is held, all future employees are shall be compulsory
  663  members of the Florida Retirement System.
  664         3. At the time of joining the Florida Retirement System,
  665  the governing body of a municipality any city, metropolitan
  666  planning organization, or special district complying with
  667  subparagraph 1. may elect to provide, or not provide, benefits
  668  based on past service of officers and employees as described in
  669  s. 121.081(1). However, if such employer elects to provide past
  670  service benefits, such benefits must be provided for all
  671  officers and employees of its covered group.
  672         4. Once this election is made and approved it may not be
  673  revoked, except pursuant to subparagraphs 5. and 6., and all
  674  present officers and employees electing coverage under this
  675  chapter and all future officers and employees are shall be
  676  compulsory members of the Florida Retirement System.
  677         5. Subject to the conditions set forth in subparagraph 6.,
  678  the governing body of a any hospital licensed under chapter 395
  679  which is governed by the board of a special district as defined
  680  in s. 189.403(1) or by the board of trustees of a public health
  681  trust created under s. 154.07, hereinafter referred to as
  682  “hospital district,” and which participates in the Florida
  683  Retirement System, may elect to cease participation in the
  684  system with regard to future employees in accordance with the
  685  following procedure:
  686         a.  No more than 30 days and at least 7 days before
  687  adopting a resolution to partially withdraw from the Florida
  688  Retirement system and establish an alternative retirement plan
  689  for future employees, a public hearing must be held on the
  690  proposed withdrawal and proposed alternative plan.
  691         b. From 7 to 15 days before such hearing, notice of intent
  692  to withdraw, specifying the time and place of the hearing, must
  693  be provided in writing to employees of the hospital district
  694  proposing partial withdrawal and must be published in a
  695  newspaper of general circulation in the area affected, as
  696  provided by ss. 50.011-50.031. Proof of publication must of such
  697  notice shall be submitted to the department of Management
  698  Services.
  699         c. The governing body of a any hospital district seeking to
  700  partially withdraw from the system must, before such hearing,
  701  have an actuarial report prepared and certified by an enrolled
  702  actuary, as defined in s. 112.625(3), illustrating the cost to
  703  the hospital district of providing, through the retirement plan
  704  that the hospital district is to adopt, benefits for new
  705  employees comparable to those provided under the Florida
  706  Retirement system.
  707         d. Upon meeting all applicable requirements of this
  708  subparagraph, and subject to the conditions set forth in
  709  subparagraph 6., partial withdrawal from the system and adoption
  710  of the alternative retirement plan may be accomplished by
  711  resolution duly adopted by the hospital district board. The
  712  hospital district board must provide written notice of such
  713  withdrawal to the division by mailing a copy of the resolution
  714  to the division, postmarked by no later than December 15, 1995.
  715  The withdrawal shall take effect January 1, 1996.
  716         6. Following the adoption of a resolution under sub
  717  subparagraph 5.d., all employees of the withdrawing hospital
  718  district who were members of participants in the Florida
  719  Retirement system before prior to January 1, 1996, shall remain
  720  as members of participants in the system for as long as they are
  721  employees of the hospital district, and all rights, duties, and
  722  obligations between the hospital district, the system, and the
  723  employees shall remain in full force and effect. Any employee
  724  who is hired or appointed on or after January 1, 1996, may not
  725  participate in the Florida Retirement system, and the
  726  withdrawing hospital district has shall have no obligation to
  727  the system with respect to such employees.
  728         (c) Employees of public community colleges or charter
  729  technical career centers sponsored by public community colleges,
  730  designated in s. 1000.21(3), who are members of the Regular
  731  Class of the Florida Retirement System and who comply with the
  732  criteria set forth in this paragraph and s. 1012.875 may, in
  733  lieu of participating in the Florida Retirement System, elect to
  734  withdraw from the system altogether and participate in the State
  735  Community College System Optional Retirement Program provided by
  736  the employing agency under s. 1012.875.
  737         1. Through June 30, 2001, the cost to the employer for a
  738  benefit under the optional retirement program such annuity
  739  equals the normal cost portion of the employer retirement
  740  contribution which would be required if the employee were a
  741  member of the Regular Class pension plan defined benefit
  742  program, plus the portion of the contribution rate required by
  743  s. 112.363(8) which would otherwise be assigned to the Retiree
  744  Health Insurance Subsidy Trust Fund. Effective July 1, 2001,
  745  each employer shall contribute on behalf of each member of
  746  participant in the optional program an amount equal to 10.43
  747  percent of the employee’s participant’s gross monthly
  748  compensation. The employer shall deduct an amount for the
  749  administration of the program. The employer shall contribute an
  750  additional amount to the Florida Retirement System Trust Fund
  751  equal to the unfunded actuarial accrued liability portion of the
  752  Regular Class contribution rate.
  753         2. The decision to participate in the an optional
  754  retirement program is irrevocable as long as the employee holds
  755  a position eligible for participation, except as provided in
  756  subparagraph 3. Any service creditable under the Florida
  757  Retirement System is retained after the member withdraws from
  758  the system; however, additional service credit in the system may
  759  not be earned while a member of the optional retirement program.
  760         3. An employee who has elected to participate in the
  761  optional retirement program shall have one opportunity, at the
  762  employee’s discretion, to transfer from the optional retirement
  763  program to the defined benefit program of the Florida Retirement
  764  System’s pension plan System or to the investment plan
  765  established under part II of this chapter Public Employee
  766  Optional Retirement Program, subject to the terms of the
  767  applicable optional retirement program contracts.
  768         a. If the employee chooses to move to the investment plan
  769  Public Employee Optional Retirement program, any contributions,
  770  interest, and earnings creditable to the employee under the
  771  State Community College System optional retirement program are
  772  retained by the employee in the State Community College System
  773  optional retirement program, and the applicable provisions of s.
  774  121.4501(4) govern the election.
  775         b. If the employee chooses to move to the pension plan
  776  defined benefit program of the Florida Retirement System, the
  777  employee shall receive service credit equal to his or her years
  778  of service under the State Community College System optional
  779  retirement program.
  780         (I) The cost for such credit is the amount representing the
  781  present value of the employee’s accumulated benefit obligation
  782  for the affected period of service. The cost shall be calculated
  783  as if the benefit commencement occurs on the first date the
  784  employee becomes eligible for unreduced benefits, using the
  785  discount rate and other relevant actuarial assumptions that were
  786  used to value the pension Florida Retirement System defined
  787  benefit plan liabilities in the most recent actuarial valuation.
  788  The calculation must include any service already maintained
  789  under the pension defined benefit plan in addition to the years
  790  under the State Community College System optional retirement
  791  program. The present value of any service already maintained
  792  must be applied as a credit to total cost resulting from the
  793  calculation. The division shall ensure that the transfer sum is
  794  prepared using a formula and methodology certified by an
  795  enrolled actuary.
  796         (II) The employee must transfer from his or her State
  797  Community College System optional retirement program account and
  798  from other employee moneys as necessary, a sum representing the
  799  present value of the employee’s accumulated benefit obligation
  800  immediately following the time of such movement, determined
  801  assuming that attained service equals the sum of service in the
  802  pension plan defined benefit program and service in the State
  803  Community College System optional retirement program.
  804         4. Participation in the optional retirement program is
  805  limited to employees who satisfy the following eligibility
  806  criteria:
  807         a. The employee is must be otherwise eligible for
  808  membership or renewed membership in the Regular Class of the
  809  Florida Retirement System, as provided in s. 121.021(11) and
  810  (12) or s. 121.122.
  811         b. The employee is must be employed in a full-time position
  812  classified in the Accounting Manual for Florida’s Public
  813  Community Colleges as:
  814         (I) Instructional; or
  815         (II) Executive Management, Instructional Management, or
  816  Institutional Management, and the, if a community college
  817  determines that recruiting to fill a vacancy in the position is
  818  to be conducted in the national or regional market, and the
  819  duties and responsibilities of the position include the
  820  formulation, interpretation, or implementation of policies, or
  821  the performance of functions that are unique or specialized
  822  within higher education and that frequently support the mission
  823  of the community college.
  824         c. The employee is must be employed in a position not
  825  included in the Senior Management Service Class of the Florida
  826  Retirement System, as described in s. 121.055.
  827         5. Members of Participants in the program are subject to
  828  the same reemployment limitations, renewed membership
  829  provisions, and forfeiture provisions as are applicable to
  830  regular members of the Florida Retirement System under ss.
  831  121.091(9), 121.122, and 121.091(5), respectively. A member
  832  participant who receives a program distribution funded by
  833  employer contributions is shall be deemed to be retired from a
  834  state-administered retirement system if the retiree participant
  835  is subsequently employed with an employer that participates in
  836  the Florida Retirement System.
  837         6. Eligible community college employees are compulsory
  838  members of the Florida Retirement System until, pursuant to s.
  839  1012.875, a written election to withdraw from the system and
  840  participate in the State Community College System optional
  841  retirement program is filed with the program administrator and
  842  received by the division.
  843         a. A community college employee whose program eligibility
  844  results from initial employment shall must be enrolled in the
  845  State Community College System optional retirement program
  846  retroactive to the first day of eligible employment. The
  847  employer retirement contributions paid through the month of the
  848  employee plan change shall be transferred to the community
  849  college to the employee’s optional program account, and,
  850  effective the first day of the next month, the employer shall
  851  pay the applicable contributions based upon subparagraph 1.
  852         b. A community college employee whose program eligibility
  853  is due to the subsequent designation of the employee’s position
  854  as one of those specified in subparagraph 4., or due to the
  855  employee’s appointment, promotion, transfer, or reclassification
  856  to a position specified in subparagraph 4., must be enrolled in
  857  the program on the first day of the first full calendar month
  858  that such change in status becomes effective. The employer
  859  retirement contributions paid from the effective date through
  860  the month of the employee plan change must be transferred to the
  861  community college to the employee’s optional program account,
  862  and, effective the first day of the next month, the employer
  863  shall pay the applicable contributions based upon subparagraph
  864  1.
  865         7. Effective July 1, 2003, through December 31, 2008, any
  866  member participant of the State Community College System
  867  optional retirement program who has service credit in the
  868  pension defined benefit plan of the Florida Retirement System
  869  for the period between his or her first eligibility to transfer
  870  from the pension defined benefit plan to the optional retirement
  871  program and the actual date of transfer may, during employment,
  872  transfer to the optional retirement program a sum representing
  873  the present value of the accumulated benefit obligation under
  874  the pension plan defined benefit retirement program for the
  875  period of service credit. Upon transfer, all service credit
  876  previously earned under the pension plan defined benefit program
  877  of the Florida Retirement System during this period is nullified
  878  for purposes of entitlement to a future benefit under the
  879  pension plan defined benefit program of the Florida Retirement
  880  System.
  881         (d) The governing body of a charter school or a charter
  882  technical career center may elect to participate in the system
  883  upon proper application to the administrator and shall cover its
  884  units as approved by the Secretary of Health and Human Services
  885  and the administrator. Once this election is made and approved,
  886  it may not be revoked, and all present officers and employees
  887  selecting coverage under this chapter and all future officers
  888  and employees shall be compulsory members of the Florida
  889  Retirement System.
  890         (e) All eligible employees initially enrolled on or after
  891  July 1, 2011, who are members of the Elected Officers’ Class and
  892  Senior Management Class are compulsory members of the investment
  893  plan and membership in the revision plan is not permitted except
  894  as provided in s. 121.591, F.S.
  895         (3) SOCIAL SECURITY COVERAGE.—Social security coverage
  896  shall be provided for all officers and employees who become
  897  members under the provisions of subsection (1) or subsection
  898  (2). Any modification of the present agreement with the Social
  899  Security Administration, or referendum required under the Social
  900  Security Act, for the purpose of providing social security
  901  coverage for any member shall be requested by the state agency
  902  in compliance with the applicable provisions of the Social
  903  Security Act governing such coverage. However, retroactive
  904  social security coverage for service prior to December 1, 1970,
  905  with the employer before December 1, 1970, may shall not be
  906  provided for a any member who was not covered under the
  907  agreement as of November 30, 1970. The employer-paid employee
  908  contributions specified in s. 121.71(2) are subject to taxes
  909  imposed under the Federal Insurance Contributions Act, 26 U.S.C.
  910  ss. 3101-3128.
  911         Section 8. Paragraph (b) of subsection (5), paragraph (a)
  912  of subsection (7), and paragraph (c) of subsection (9) of
  913  section 121.0515, Florida Statutes, are amended to read:
  914         121.0515 Special risk membership.—
  915         (5) CREDIT FOR PAST SERVICE.—A special risk member may
  916  purchase retirement credit in the Special Risk Class based upon
  917  past service, and may upgrade retirement credit for such past
  918  service, to the extent of 2 percent of the member’s average
  919  monthly compensation as specified in s. 121.091(1)(a) for such
  920  service as follows:
  921         (b) Contributions for upgrading the additional special risk
  922  credit are pursuant to this subsection shall be equal to the
  923  difference in the employer and, if applicable, employee
  924  contributions paid and the special risk percentage rate of gross
  925  salary in effect at the time of purchase for the period being
  926  claimed, plus interest thereon at the rate of 4 percent a year
  927  compounded annually from the date of such service until July 1,
  928  1975, and 6.5 percent a year thereafter until the date of
  929  payment. This Past service may be purchased by the member or by
  930  the employer on behalf of the member.
  931         (7) RETENTION OF SPECIAL RISK NORMAL RETIREMENT DATE.—
  932         (a) A special risk member who is moved or reassigned to a
  933  nonspecial risk law enforcement, firefighting, correctional, or
  934  emergency medical care administrative support position within
  935  with the same agency, or who is subsequently employed in such a
  936  position with any law enforcement, firefighting, correctional,
  937  or emergency medical care agency under the Florida Retirement
  938  System, shall participate in the Special Risk Administrative
  939  Support Class and shall earn credit for such service at the same
  940  percentage rate as that earned by a regular member.
  941  Notwithstanding the provisions of subsection (4), service in
  942  such an administrative support position shall, for purposes of
  943  s. 121.091, applies apply toward satisfaction of the special
  944  risk normal retirement date, as defined in s. 121.021(29)(b) if,
  945  provided that, while in such position, the member remains
  946  certified as a law enforcement officer, firefighter,
  947  correctional officer, emergency medical technician, or
  948  paramedic; remains subject to reassignment at any time to a
  949  position qualifying for special risk membership; and completes
  950  an aggregate of 6 or more years of service as a designated
  951  special risk member before prior to retirement.
  952         (9) CREDIT FOR UPGRADED SERVICE.—
  953         (c) Any member of the Special Risk Class who has earned
  954  creditable service in another membership class of the Florida
  955  Retirement System in a position with the Department of Law
  956  Enforcement or the Division of State Fire Marshal and became
  957  covered by the Special Risk Class as described in paragraph
  958  (2)(i), or with a local government law enforcement agency or
  959  medical examiner’s office and became covered by the Special Risk
  960  Class as described in paragraph (2)(j), which service is within
  961  the purview of the Special Risk Class, and is employed in such
  962  position on or after July 1, 2008, may purchase additional
  963  retirement credit to upgrade such service to Special Risk Class
  964  service, to the extent of the percentages of the member’s
  965  average final compensation provided in s. 121.091(1)(a)2. The
  966  cost for such credit must shall be an amount representing the
  967  actuarial accrued liability for the difference in accrual value
  968  during the affected period of service. The cost shall be
  969  calculated using the discount rate and other relevant actuarial
  970  assumptions that were used to value the Florida Retirement
  971  System’s pension System defined benefit plan liabilities in the
  972  most recent actuarial valuation. The division shall ensure that
  973  the transfer sum is prepared using a formula and methodology
  974  certified by an enrolled actuary. The cost must be paid
  975  immediately upon notification by the division. The local
  976  government employer may purchase the upgraded service credit on
  977  behalf of the member if the member has been employed by that
  978  employer for at least 3 years.
  979         Section 9. Paragraphs (a) and (d) of subsection (4) and
  980  paragraph (b) of subsection (7) of section 121.052, Florida
  981  Statutes, are amended, present paragraph (c) of subsection (7)
  982  of that section is redesignated as paragraph (d), a new
  983  paragraph (c) is added to that subsection, and subsection (8) of
  984  that section is amended, to read:
  985         121.052 Membership class of elected officers.—
  986         (4) PARTICIPATION BY ELECTED OFFICERS SERVING A SHORTENED
  987  TERM DUE TO APPORTIONMENT, FEDERAL INTERVENTION, ETC.—
  988         (a) An Any duly elected officer whose term of office was
  989  shortened by legislative or judicial apportionment pursuant to
  990  the provisions of s. 16, Art. III of the State Constitution may,
  991  after the term of office to which he or she was elected is
  992  completed, pay into the Florida Retirement System Trust Fund the
  993  amount of contributions that would have been made by the officer
  994  or the officer’s employer on his or her behalf, plus 4 percent
  995  interest compounded annually from the date he or she left office
  996  until July 1, 1975, and 6.5 percent interest compounded annually
  997  thereafter, and may receive service credit for the length of
  998  time the officer would have served if such term had not been
  999  shortened by apportionment.
 1000         (d)1. Any justice or judge, or any retired justice or judge
 1001  who retired before July 1, 1993, who has attained the age of 70
 1002  years and who is prevented under s. 8, Art. V of the State
 1003  Constitution from completing his or her term of office because
 1004  of age may elect to purchase credit for all or a portion of the
 1005  months he or she would have served during the remainder of the
 1006  term of office; however, but he or she may claim those months
 1007  only after the date the service would have occurred. The justice
 1008  or judge must pay into the Florida Retirement System Trust Fund
 1009  the amount of contributions that would have been made by the
 1010  employer on his or her behalf for the period of time being
 1011  claimed, plus 6.5 percent interest thereon compounded each June
 1012  30 from the date he or she left office, in order to receive
 1013  service credit in this class for the period of time being
 1014  claimed. After the date the service would have occurred, and
 1015  upon payment of the required contributions, the retirement
 1016  benefit of a retired justice or judge shall will be adjusted
 1017  prospectively to include the this additional creditable service;
 1018  however, such adjustment may be made only once.
 1019         2. Any justice or judge who does not seek election to a
 1020  subsequent term of office because he or she would be prevented
 1021  under s. 8, Art. V of the State Constitution from completing
 1022  such term of office upon attaining the age of 70 years may elect
 1023  to purchase service credit for service as a temporary judge as
 1024  assigned by the court if the temporary assignment follows
 1025  immediately follows the last full term of office served and the
 1026  purchase is limited to the number of months of service needed to
 1027  vest retirement benefits. To receive retirement credit for such
 1028  temporary service beyond termination, the justice or judge must
 1029  pay into the Florida Retirement System Trust Fund the amount of
 1030  contributions that would have been made by the justice or judge
 1031  and the employer on his or her behalf had he or she continued in
 1032  office for the period of time being claimed, plus 6.5 percent
 1033  interest thereon compounded each June 30 from the date he or she
 1034  left office.
 1035         (7) CONTRIBUTIONS.—
 1036         (b) The employer paying the salary of a member of the
 1037  Elected Officers’ Class shall contribute an amount as specified
 1038  in this subsection or s. 121.71, as appropriate, which shall
 1039  constitute the entire employer retirement contribution with
 1040  respect to such member. The employer shall also withhold one
 1041  half of the entire contribution of the member required for
 1042  social security coverage. Effective July 1, 2011, members of the
 1043  Elected Officers’ Class shall pay retirement contributions as
 1044  specified in s. 121.71.
 1045         (c) If a member of the Elected Officers’ Class ceases to
 1046  fill an office covered by this class for 3 calendar months for
 1047  any reason other than retirement and has not been employed in
 1048  any capacity with any participating employer for 3 calendar
 1049  months, the member is entitled to receive a refund of all
 1050  contributions he or she made to the pension plan, subject to the
 1051  restrictions otherwise provided in this chapter. Partial refunds
 1052  are not permitted. The refund may not include any interest
 1053  earnings on contributions to the pension plan. Employer
 1054  contributions made on behalf of the member are not refundable. A
 1055  member may not receive a refund of employee contributions if a
 1056  pending or an approved qualified domestic relations order is
 1057  filed against the member’s retirement account. By obtaining a
 1058  refund of contributions, a member waives all rights under the
 1059  Florida Retirement System, including the health insurance
 1060  subsidy under this subsection, to the service credit represented
 1061  by the refunded contributions, except the right to purchase
 1062  prior service credit in accordance with s. 121.081(2).
 1063         (8) NORMAL RETIREMENT DATE; VESTING REQUIREMENT.—A member
 1064  of the Elected Officers’ Class has shall have the same normal
 1065  retirement date as defined in s. 121.021(29) for a member of the
 1066  regular class of the Florida Retirement System. A Any public
 1067  service commissioner who was removed from the Elected State
 1068  Officers’ Class on July 1, 1979, after attaining at least 8
 1069  years of creditable service in that class is shall be considered
 1070  to have reached the normal retirement date upon attaining the
 1071  required age as provided 62 as required in s. 121.021(29)(a).
 1072         Section 10. Paragraph (a) of subsection (7) of section
 1073  121.053, Florida Statutes, is amended to read:
 1074         121.053 Participation in the Elected Officers’ Class for
 1075  retired members.—
 1076         (7) A member who is elected or appointed to an elective
 1077  office and who is participating in the Deferred Retirement
 1078  Option Program is not subject to termination as defined in s.
 1079  121.021, or reemployment limitations as provided in s.
 1080  121.091(9), until the end of his or her current term of office
 1081  or, if the officer is consecutively elected or reelected to an
 1082  elective office eligible for coverage under the Florida
 1083  Retirement System, until he or she no longer holds an elective
 1084  office, as follows:
 1085         (a) At the end of the 60-month DROP period:
 1086         1. The officer’s DROP account may not accrue additional
 1087  monthly benefits, but does continue to earn interest as provided
 1088  in s. 121.091(13). However, an officer whose DROP participation
 1089  begins on or after July 1, 2010, may not continue to earn such
 1090  interest.
 1091         2. Except for unfunded actuarial liability and health
 1092  insurance subsidy contributions required under ss. 121.71(5) and
 1093  121.76, retirement contributions are not required of the
 1094  employer of the elected officer and additional retirement credit
 1095  may not be earned under the Florida Retirement System.
 1096         Section 11. Paragraphs (b) and (j) of subsection (1),
 1097  paragraph (b) of subsection (3), and paragraphs (c), (d), and
 1098  (e) of subsection (6) of section 121.055, Florida Statutes, are
 1099  amended, present paragraph (c) of subsection (3) of that section
 1100  is redesignated as paragraph (d), and a new paragraph (c) is
 1101  added to that subsection, to read:
 1102         121.055 Senior Management Service Class.—There is hereby
 1103  established a separate class of membership within the Florida
 1104  Retirement System to be known as the “Senior Management Service
 1105  Class,” which shall become effective February 1, 1987.
 1106         (1)
 1107         (b)1. Except as provided in subparagraph 2., effective
 1108  January 1, 1990, participation in the Senior Management Service
 1109  Class is shall be compulsory for the president of each community
 1110  college, the manager of each participating city or county, and
 1111  all appointed district school superintendents. Effective January
 1112  1, 1994, additional positions may be designated for inclusion in
 1113  the Senior Management Service Class if of the Florida Retirement
 1114  System, provided that:
 1115         a. Positions to be included in the class are shall be
 1116  designated by the local agency employer. Notice of intent to
 1117  designate positions for inclusion in the class must shall be
 1118  published once a week for 2 consecutive weeks in a newspaper of
 1119  general circulation published in the county or counties
 1120  affected, as provided under in chapter 50.
 1121         b. Up to 10 nonelective full-time positions may be
 1122  designated for each local agency employer reporting to the
 1123  department of Management Services; for local agencies with 100
 1124  or more regularly established positions, additional nonelective
 1125  full-time positions may be designated, up to not to exceed 1
 1126  percent of the regularly established positions within the
 1127  agency.
 1128         c. Each position added to the class must be a managerial or
 1129  policymaking position filled by an employee who is not subject
 1130  to continuing contract and serves at the pleasure of the local
 1131  agency employer without civil service protection, and who:
 1132         (I) Heads an organizational unit; or
 1133         (II) Has responsibility to effect or recommend personnel,
 1134  budget, expenditure, or policy decisions in his or her areas of
 1135  responsibility.
 1136         2. In lieu of participation in the Senior Management
 1137  Service Class, members of the Senior Management Service class,
 1138  pursuant to the provisions of subparagraph 1., may withdraw from
 1139  the Florida Retirement System altogether. The decision to
 1140  withdraw from the Florida Retirement system is shall be
 1141  irrevocable for as long as the employee holds the such a
 1142  position. Any service creditable under the Senior Management
 1143  Service Class shall be retained after the member withdraws from
 1144  the Florida Retirement system; however, additional service
 1145  credit in the Senior Management Service Class may shall not be
 1146  earned after such withdrawal. Such members are shall not be
 1147  eligible to participate in the Senior Management Service
 1148  Optional Annuity Program.
 1149         3. Effective January 1, 2006, through June 30, 2006, an
 1150  employee who has withdrawn from the Florida Retirement System
 1151  under subparagraph 2. has one opportunity to elect to
 1152  participate in either the pension plan or investment plan
 1153  defined benefit program or the Public Employee Optional
 1154  Retirement Program of the Florida Retirement System.
 1155         a. If the employee elects to participate in the investment
 1156  plan Public Employee Optional Retirement Program, membership is
 1157  shall be prospective, and the applicable provisions of s.
 1158  121.4501(4) shall govern the election.
 1159         b. If the employee elects to participate in the pension
 1160  plan defined benefit program of the Florida Retirement System,
 1161  the employee shall, upon payment to the system trust fund of the
 1162  amount calculated under sub-sub-subparagraph (I), receive
 1163  service credit for prior service based upon the time during
 1164  which the employee had withdrawn from the system.
 1165         (I) The cost for such credit shall be an amount
 1166  representing the actuarial accrued liability for the affected
 1167  period of service. The cost shall be calculated using the
 1168  discount rate and other relevant actuarial assumptions that were
 1169  used to value pension the Florida Retirement System defined
 1170  benefit plan liabilities in the most recent actuarial valuation.
 1171  The calculation must shall include any service already
 1172  maintained under the pension defined benefit plan in addition to
 1173  the period of withdrawal. The actuarial accrued liability
 1174  attributable to any service already maintained under the pension
 1175  defined benefit plan shall be applied as a credit to the total
 1176  cost resulting from the calculation. The division must shall
 1177  ensure that the transfer sum is prepared using a formula and
 1178  methodology certified by an actuary.
 1179         (II) The employee must transfer a sum representing the net
 1180  cost owed for the actuarial accrued liability in sub-sub
 1181  subparagraph (I) immediately following the time of such
 1182  movement, determined assuming that attained service equals the
 1183  sum of service in the pension plan defined benefit program and
 1184  the period of withdrawal.
 1185         (j) Except as may otherwise be provided, a any member of
 1186  the Senior Management Service Class may purchase additional
 1187  retirement credit in such class for creditable service within
 1188  the purview of the Senior Management Service Class retroactive
 1189  to February 1, 1987, and may upgrade retirement credit for such
 1190  service, to the extent of 2 percent of the member’s average
 1191  monthly compensation as specified in paragraph (4)(d) for such
 1192  service. Contributions for upgrading the additional Senior
 1193  Management Service credit are pursuant to this paragraph shall
 1194  be equal to the difference in the employer and, if applicable,
 1195  employee contributions paid and the Senior Management Service
 1196  Class contribution rate as a percentage of gross salary in
 1197  effect for the period being claimed, plus interest thereon at
 1198  the rate of 6.5 percent a year, compounded annually until the
 1199  date of payment. The This service credit may be purchased by the
 1200  employer on behalf of the member.
 1201         (3)
 1202         (b) The employer or member of the Senior Management Service
 1203  Class, as applicable, paying the salary of a member of the
 1204  Senior Management Service Class shall contribute an amount as
 1205  specified in this section or s. 121.71, as appropriate, which
 1206  shall constitute the entire employer retirement contribution
 1207  with respect to such member. The employer shall also withhold
 1208  one-half of the entire contribution of the member required for
 1209  social security coverage. Effective July 1, 2011, each member
 1210  shall pay employee contributions as specified in s. 121.71.
 1211         (c) Upon termination of employment from all participating
 1212  employers for 3 calendar months as defined in s. 121.021(39)(c)
 1213  for any reason other than retirement, a member may receive a
 1214  refund of all contributions he or she has made to the pension
 1215  plan, subject to the restrictions otherwise provided in this
 1216  chapter. Partial refunds are not permitted. The refund may not
 1217  include any interest earnings on the contributions for a member
 1218  of the pension plan. Employer contributions made on behalf of
 1219  the member are not refundable. A member may not receive a refund
 1220  of employee contributions if a pending or an approved qualified
 1221  domestic relations order is filed against the member’s
 1222  retirement account. By obtaining a refund of contributions, a
 1223  member waives all rights under the Florida Retirement System and
 1224  the health insurance subsidy provided under s. 112.363 to the
 1225  service credit represented by the refunded contributions, except
 1226  the right to purchase prior service credit in accordance with s.
 1227  121.081(2).
 1228         (6)
 1229         (c) Participation.—
 1230         1. An eligible employee who is employed on or before
 1231  February 1, 1987, may elect to participate in the optional
 1232  annuity program in lieu of participating participation in the
 1233  Senior Management Service Class. Such election must be made in
 1234  writing and filed with the department and the personnel officer
 1235  of the employer on or before May 1, 1987. An eligible employee
 1236  who is employed on or before February 1, 1987, and who fails to
 1237  make an election to participate in the optional annuity program
 1238  by May 1, 1987, shall be deemed to have elected membership in
 1239  the Senior Management Service Class.
 1240         2. Except as provided in subparagraph 6., an employee who
 1241  becomes eligible to participate in the optional annuity program
 1242  by reason of initial employment commencing after February 1,
 1243  1987, may, within 90 days after the date of commencing
 1244  employment, elect to participate in the optional annuity
 1245  program. Such election must be made in writing and filed with
 1246  the personnel officer of the employer. An eligible employee who
 1247  does not within 90 days after commencing employment elect to
 1248  participate in the optional annuity program shall be deemed to
 1249  have elected membership in the Senior Management Service Class.
 1250         3. A person who is appointed to a position in the Senior
 1251  Management Service Class and who is a member of an existing
 1252  retirement system or the Special Risk or Special Risk
 1253  Administrative Support Classes of the Florida Retirement System
 1254  may elect to remain in such system or class in lieu of
 1255  participating participation in the Senior Management Service
 1256  Class or optional annuity program. Such election must be made in
 1257  writing and filed with the department and the personnel officer
 1258  of the employer within 90 days after of such appointment. An Any
 1259  eligible employee who fails to make an election to participate
 1260  in the existing system, the Special Risk Class of the Florida
 1261  Retirement System, the Special Risk Administrative Support Class
 1262  of the Florida Retirement System, or the optional annuity
 1263  program shall be deemed to have elected membership in the Senior
 1264  Management Service Class.
 1265         4. Except as provided in subparagraph 5., an employee’s
 1266  election to participate in the optional annuity program is
 1267  irrevocable if the employee continues to be employed in an
 1268  eligible position and continues to meet the eligibility
 1269  requirements set forth in this paragraph.
 1270         5. Effective from July 1, 2002, through September 30, 2002,
 1271  an any active employee in a regularly established position who
 1272  has elected to participate in the Senior Management Service
 1273  Optional Annuity Program has one opportunity to choose to move
 1274  from the Senior Management Service Optional Annuity Program to
 1275  the Florida Retirement System’s pension plan System defined
 1276  benefit program.
 1277         a. The election must be made in writing and must be filed
 1278  with the department and the personnel officer of the employer
 1279  before October 1, 2002, or, in the case of an active employee
 1280  who is on a leave of absence on July 1, 2002, within 90 days
 1281  after the conclusion of the leave of absence. This election is
 1282  irrevocable.
 1283         b. The employee shall receive service credit under the
 1284  pension plan defined benefit program of the Florida Retirement
 1285  System equal to his or her years of service under the Senior
 1286  Management Service Optional Annuity Program. The cost for such
 1287  credit is the amount representing the present value of that
 1288  employee’s accumulated benefit obligation for the affected
 1289  period of service.
 1290         c. The employee must transfer the total accumulated
 1291  employer contributions and earnings on deposit in his or her
 1292  Senior Management Service Optional Annuity Program account. If
 1293  the transferred amount is not sufficient to pay the amount due,
 1294  the employee must pay a sum representing the remainder of the
 1295  amount due. The employee may not retain any employer
 1296  contributions or earnings thereon from the Senior Management
 1297  Service Optional Annuity Program account.
 1298         6. A retiree of a state-administered retirement system who
 1299  is initially reemployed on or after July 1, 2010, may not renew
 1300  membership in the Senior Management Service Optional Annuity
 1301  Program.
 1302         (d) Contributions.—
 1303         1.a. Through June 30, 2001, each employer shall contribute
 1304  on behalf of each member of participant in the Senior Management
 1305  Service Optional Annuity Program an amount equal to the normal
 1306  cost portion of the employer retirement contribution which would
 1307  be required if the employee participant were a Senior Management
 1308  Service Class member of the Florida Retirement System’s pension
 1309  plan System defined benefit program, plus the portion of the
 1310  contribution rate required in s. 112.363(8) which that would
 1311  otherwise be assigned to the Retiree Health Insurance Subsidy
 1312  Trust Fund.
 1313         b. Effective July 1, 2001, each employer shall contribute
 1314  on behalf of each member of participant in the optional annuity
 1315  program an amount equal to 12.49 percent of the employee’s
 1316  participant’s gross monthly compensation.
 1317         c.Effective July 1, 2011, each member of the optional
 1318  annuity program shall contribute an amount equal to the employee
 1319  contribution required in s. 121.71(3). The employer shall
 1320  contribute on behalf of each such employee an amount equal to
 1321  the difference between 12.49 percent of the employee’s gross
 1322  monthly compensation and the amount equal to the employee’s
 1323  required contribution based on the employee’s gross monthly
 1324  compensation.
 1325         d.The department shall deduct an amount approved by the
 1326  Legislature to provide for the administration of this program.
 1327  The Payment of the contributions, including contributions made
 1328  by the employee, to the optional program which is required by
 1329  this subparagraph for each participant shall be made by the
 1330  employer to the department, which shall forward the
 1331  contributions to the designated company or companies contracting
 1332  for payment of benefits for members of the participant under the
 1333  optional annuity program. The department shall deduct an amount
 1334  approved by the Legislature to provide for the administration of
 1335  the program.
 1336         2. Each employer shall contribute on behalf of each member
 1337  of participant in the Senior Management Service Optional Annuity
 1338  Program an amount equal to the unfunded actuarial accrued
 1339  liability portion of the employer contribution which would be
 1340  required for members of the Senior Management Service Class in
 1341  the Florida Retirement System. This contribution shall be paid
 1342  to the department for transfer to the Florida Retirement System
 1343  Trust Fund.
 1344         3. An Optional Annuity Program Trust Fund shall be
 1345  established in the State Treasury and administered by the
 1346  department to make payments to provider companies on behalf of
 1347  the optional annuity program members participants, and to
 1348  transfer the unfunded liability portion of the state optional
 1349  annuity program contributions to the Florida Retirement System
 1350  Trust Fund.
 1351         4. Contributions required for social security by each
 1352  employer and each employee participant, in the amount required
 1353  for social security coverage as now or hereafter may be provided
 1354  by the federal Social Security Act, shall be maintained for each
 1355  member of participant in the Senior Management Service
 1356  retirement program and are shall be in addition to the
 1357  retirement contributions specified in this paragraph.
 1358         5. Each member of participant in the Senior Management
 1359  Service optional annuity program may contribute by way of salary
 1360  reduction or deduction a percentage amount of the employee’s
 1361  participant’s gross compensation not to exceed the percentage
 1362  amount contributed by the employer to the optional annuity
 1363  program. Payment of the employee’s participant’s contributions
 1364  shall be made by the employer to the department, which shall
 1365  forward the contributions to the designated company or companies
 1366  contracting for payment of benefits for members the participant
 1367  under the program.
 1368         (e) Benefits.—
 1369         1. Benefits under the Senior Management Service Optional
 1370  Annuity Program are payable only to members of participants in
 1371  the program, or their beneficiaries as designated by the member
 1372  participant in the contract with the provider company, and must
 1373  be paid by the designated company in accordance with the terms
 1374  of the annuity contract applicable to the member participant. A
 1375  member participant must be terminated from all employment
 1376  relationships with Florida Retirement System employers as
 1377  provided in s. 121.021(39) to begin receiving the employer
 1378  funded and employee-funded benefit. Benefits funded by employer
 1379  and employee contributions are payable under the terms of the
 1380  contract to the member participant, his or her beneficiary, or
 1381  his or her estate, in addition to:
 1382         a. A lump-sum payment to the beneficiary upon the death of
 1383  the member participant;
 1384         b. A cash-out of a de minimis account upon the request of a
 1385  former member participant who has been terminated for a minimum
 1386  of 6 calendar months from the employment that entitled him or
 1387  her to optional annuity program participation. Such cash-out
 1388  must be a complete liquidation of the account balance with that
 1389  company and is subject to the Internal Revenue Code;
 1390         c. A mandatory distribution of a de minimis account of a
 1391  former member participant who has been terminated for a minimum
 1392  of 6 calendar months from the employment that entitled him or
 1393  her to optional annuity program participation as authorized by
 1394  the department; or
 1395         d. A lump-sum direct rollover distribution whereby all
 1396  accrued benefits, plus interest and investment earnings, are
 1397  paid from the member’s participant’s account directly to the
 1398  custodian of an eligible retirement plan, as defined in s.
 1399  402(c)(8)(B) of the Internal Revenue Code, on behalf of the
 1400  member participant.
 1401         2. Benefits are not payable for employee hardships,
 1402  unforeseeable emergencies, loans, medical expenses, educational
 1403  expenses, purchase of a principal residence, payments necessary
 1404  to prevent eviction or foreclosure on an employee’s principal
 1405  residence, or any other reason before termination from all
 1406  employment relationships with participating employers, as
 1407  provided in s. 121.021(39).
 1408         3.2. The benefits payable to any person under the Senior
 1409  Management Service optional annuity program, and any
 1410  contribution accumulated under such program, are not subject to
 1411  assignment, execution, or attachment or to any legal process
 1412  whatsoever.
 1413         4.3. Except as provided in subparagraph 5. 4., a member
 1414  participant who terminates employment and receives a
 1415  distribution, including a rollover or trustee-to-trustee
 1416  transfer, funded by employer or employee contributions is shall
 1417  be deemed to be retired from a state-administered retirement
 1418  system if the retiree participant is subsequently employed with
 1419  an employer that participates in the Florida Retirement System.
 1420         5.4. A member participant who receives optional annuity
 1421  program benefits funded by employer or employee contributions as
 1422  a mandatory distribution of a de minimis account authorized by
 1423  the department is not considered a retiree.
 1424  
 1425  As used in this paragraph, a “de minimis account” means an
 1426  account with a provider company containing employer or employee
 1427  contributions and accumulated earnings of not more than $5,000
 1428  made under this chapter.
 1429         Section 12. Subsections (2) and (5) and paragraph (c) of
 1430  subsection (6) of section 121.071, Florida Statutes, are
 1431  amended, present paragraph (d) of subsection (6) of that section
 1432  is redesignated as paragraph (e), and a new paragraph (d) is
 1433  added to that subsection, to read:
 1434         121.071 Contributions.—Contributions to the system shall be
 1435  made as follows:
 1436         (2)(a) Effective January 1, 1975, or October 1, 1975, as
 1437  applicable, and through June 30, 2011, each employer shall make
 1438  accomplish the contribution required by subsection (1) by a
 1439  procedure in which no employee’s gross salary is shall be
 1440  reduced. Effective July 1, 2011, each employee, and his or her
 1441  employer, shall pay retirement contributions as specified in s.
 1442  121.71.
 1443         (b) Upon termination of employment from all participating
 1444  employers for 3 calendar months as defined in s. 121.021(39)(c)
 1445  for any reason other than retirement, a member may receive a
 1446  shall be entitled to a full refund of all the contributions he
 1447  or she has made to the pension prior or subsequent to
 1448  participation in the noncontributory plan, subject to the
 1449  restrictions otherwise provided in this chapter. Partial refunds
 1450  are not permitted. The refund may not include any interest
 1451  earnings on the contributions for a member of the pension plan.
 1452  Employer contributions made on behalf of the member are not
 1453  refundable. A member may not receive a refund of employee
 1454  contributions if a pending or an approved qualified domestic
 1455  relations order is filed against his or her retirement account.
 1456  By obtaining a refund of contributions, a member waives all
 1457  rights under the Florida Retirement System and the health
 1458  insurance subsidy to the service credit represented by the
 1459  refunded contributions, except the right to purchase prior
 1460  service credit in accordance with s. 121.081(2).
 1461         (5) Contributions made in accordance with subsections (1),
 1462  (2), (3), and (4), and s. 121.71 shall be paid by the employer
 1463  into the system trust funds in accordance with rules adopted by
 1464  the administrator pursuant to chapter 120, except as may be
 1465  otherwise specified herein. Effective July 1, 2002,
 1466  contributions paid under subsections (1) and (4) and
 1467  accompanying payroll data are due and payable by no later than
 1468  the 5th working day of the month immediately following the month
 1469  during which the payroll period ended.
 1470         (6)
 1471         (c) By obtaining a refund of contributions, a member waives
 1472  all rights under the Florida Retirement System, including the
 1473  health insurance subsidy under subsection (4), to the service
 1474  credit represented by the refunded contributions, except the
 1475  right to purchase his or her prior service credit in accordance
 1476  with s. 121.081(2).
 1477         (d) If a member or former member of the pension plan
 1478  receives an invalid refund from the Florida Retirement System
 1479  Trust Fund, such person must repay the full amount of the
 1480  refund, plus interest at 6.5 percent compounded annually on each
 1481  June 30 from the date of refund until full repayment is made.
 1482  The invalid refund must be repaid before the member retires or,
 1483  if applicable, transfers to the investment plan.
 1484         Section 13. Paragraphs (b) and (c) of subsection (1) and
 1485  subsection (2) of section 121.081, Florida Statutes, are amended
 1486  to read:
 1487         121.081 Past service; prior service; contributions.
 1488  Conditions under which past service or prior service may be
 1489  claimed and credited are:
 1490         (1)
 1491         (b) Past service earned after January 1, 1975, may be
 1492  claimed by officers or employees of a municipality, metropolitan
 1493  planning organization, charter school, charter technical career
 1494  center, or special district who become a covered group under
 1495  this system. The governing body of a covered group may elect to
 1496  provide benefits for past service earned after January 1, 1975,
 1497  in accordance with this chapter., and The cost for such past
 1498  service is established by applying the following formula: The
 1499  employer shall contribute an amount equal to the employer or
 1500  employee contribution rate in effect at the time the service was
 1501  earned, as applicable, multiplied by the employee’s gross salary
 1502  for each year of past service claimed, plus 6.5 percent 6.5
 1503  percent interest thereon, compounded annually, for figured on
 1504  each year of past service, with interest compounded from date of
 1505  annual salary earned until date of payment.
 1506         (c) If an Should the employer does not elect to provide
 1507  past service for the member on the date of joining the system,
 1508  then the member may claim and pay for the service as provided in
 1509  same, based on paragraphs (a) and (b).
 1510         (2) Prior service, as defined in s. 121.021(19), may be
 1511  claimed as creditable service under the Florida Retirement
 1512  System after a member has been reemployed for 1 complete year of
 1513  creditable service within a period of 12 consecutive months,
 1514  except as provided in paragraph (c). Service performed as a
 1515  member participant of the optional retirement program for the
 1516  State University System under s. 121.35 or the Senior Management
 1517  Service Optional Annuity Program under s. 121.055 may be used to
 1518  satisfy the reemployment requirement of 1 complete year of
 1519  creditable service. The member may shall not be permitted to
 1520  make any contributions for prior service until after completion
 1521  of the 1 year of creditable service. If a member does not wish
 1522  to claim credit for all of his or her prior service, the service
 1523  the member claims must be the most recent period of service. The
 1524  required contributions for claiming the various types of prior
 1525  service are:
 1526         (a) For prior service performed before prior to the date
 1527  the system becomes noncontributory for the member and for which
 1528  the member had credit under one of the existing retirement
 1529  systems and received a refund of contributions upon termination
 1530  of employment, the member shall contribute 4 percent of all
 1531  salary received during the period being claimed, plus 4 percent
 1532  4-percent interest compounded annually from date of refund until
 1533  July 1, 1975, and 6.5 percent 6.5-percent interest compounded
 1534  annually thereafter, until full payment is made to the Florida
 1535  Retirement System Trust Fund, and shall receive credit in the
 1536  Regular Class. A member who elected to transfer to the Florida
 1537  Retirement System from an existing system may receive credit for
 1538  prior service under the existing system if he or she was
 1539  eligible under the existing system to claim the prior service at
 1540  the time of the transfer. Contributions for such prior service
 1541  shall be determined by the applicable provisions of the system
 1542  under which the prior service is claimed and shall be paid by
 1543  the member, with matching contributions paid by the employer at
 1544  the time the service was performed. Effective July 1, 1978, the
 1545  account of a person who terminated under s. 238.05(3) may not be
 1546  charged interest for contributions that remained on deposit in
 1547  the Annuity Savings Trust Fund established under chapter 238,
 1548  upon retirement under this chapter or chapter 238.
 1549         (b) For prior service performed before prior to the date
 1550  the system becomes noncontributory for the member and for which
 1551  the member had credit under the Florida Retirement System and
 1552  received a refund of contributions upon termination of
 1553  employment, the member shall contribute at the rate that was
 1554  required of him or her during the period of service being
 1555  claimed, on all salary received during such period, plus 4
 1556  percent 4-percent interest compounded annually from date of
 1557  refund until July 1, 1975, and 6.5 percent 6.5-percent interest
 1558  compounded annually thereafter, until the full payment is made
 1559  to the Florida Retirement System Trust Fund, and shall receive
 1560  credit in the membership class in which the member participated
 1561  during the period claimed.
 1562         (c) For prior service as defined in s. 121.021(19)(b) and
 1563  (c) during which no contributions were made because the member
 1564  did not participate in a retirement system, the member shall
 1565  contribute 14.38 percent of all salary received during such
 1566  period or 14.38 percent of $100 per month during such period,
 1567  whichever is greater, plus 4 percent 4-percent interest
 1568  compounded annually from the first year of service claimed until
 1569  July 1, 1975, and 6.5 percent 6.5-percent interest compounded
 1570  annually thereafter, until full payment is made to the
 1571  Retirement Trust Fund, and shall receive credit in the Regular
 1572  Class.
 1573         (d) In order to claim credit for prior service as defined
 1574  in s. 121.021(19)(d) for which no retirement contributions were
 1575  paid during the period of such service, the member shall
 1576  contribute the total employee and employer contributions which
 1577  were required to be made to the Highway Patrol Pension Trust
 1578  Fund, as provided in chapter 321, during the period claimed,
 1579  plus 4 percent 4-percent interest compounded annually from the
 1580  first year of service until July 1, 1975, and 6.5 percent 6.5
 1581  percent interest compounded annually thereafter, until full
 1582  payment is made to the Retirement Trust Fund. However, any
 1583  governmental entity that which employed such member may elect to
 1584  pay up to 50 percent of the contributions and interest required
 1585  to purchase the this prior service credit. The service shall be
 1586  credited in accordance with the provisions of the Highway Patrol
 1587  Pension Plan in effect during the period claimed unless the
 1588  member terminated and withdrew his or her retirement
 1589  contributions and was thereafter enrolled in the State and
 1590  County Officers and Employees’ Retirement System or the Florida
 1591  Retirement System, in which case the service shall be credited
 1592  as Regular Class service.
 1593         (e) For service performed under the Florida Retirement
 1594  System after December 1, 1970, which that was never reported to
 1595  the division or the department due to error, retirement credit
 1596  may be claimed by a member of the Florida Retirement System. The
 1597  department shall adopt rules establishing criteria for claiming
 1598  such credit and detailing the documentation required to
 1599  substantiate the error.
 1600         (f) For prior service performed on or after July 1, 2011,
 1601  for which the member had credit under the Florida Retirement
 1602  System and received a refund of contributions 3 calendar months
 1603  after termination of employment, the member shall contribute at
 1604  the rate that was required during the period of service being
 1605  claimed, plus 6.5 percent interest, compounded annually on each
 1606  June 30 from date of refund until the full payment is made to
 1607  the Florida Retirement System Trust Fund, and shall receive
 1608  credit in the membership class in which the member participated
 1609  during the period claimed.
 1610         (g)(f) The employer may not be required to make
 1611  contributions for prior service credit for any member, except
 1612  that the employer shall pay the employer portion of
 1613  contributions for any legislator who elects to withdraw from the
 1614  Florida Retirement System and later rejoins the system and pays
 1615  any employee contributions required in accordance with s.
 1616  121.052(3)(d).
 1617         Section 14. Paragraph (a) of subsection (3), paragraph (a)
 1618  of subsection (4), paragraphs (a) and (c) of subsection (5),
 1619  paragraph (d) of subsection (9), paragraphs (a) and (c) of
 1620  subsection (13), and paragraph (d) of subsection (14) of section
 1621  121.091, Florida Statutes, are amended to read:
 1622         121.091 Benefits payable under the system.—Benefits may not
 1623  be paid under this section unless the member has terminated
 1624  employment as provided in s. 121.021(39)(a) or begun
 1625  participation in the Deferred Retirement Option Program as
 1626  provided in subsection (13), and a proper application has been
 1627  filed in the manner prescribed by the department. The department
 1628  may cancel an application for retirement benefits when the
 1629  member or beneficiary fails to timely provide the information
 1630  and documents required by this chapter and the department’s
 1631  rules. The department shall adopt rules establishing procedures
 1632  for application for retirement benefits and for the cancellation
 1633  of such application when the required information or documents
 1634  are not received.
 1635         (3) EARLY RETIREMENT BENEFIT.—Upon retirement on his or her
 1636  early retirement date, the member shall receive an immediate
 1637  monthly benefit that shall begin to accrue on the first day of
 1638  the month of the retirement date and be payable on the last day
 1639  of that month and each month thereafter during his or her
 1640  lifetime. Such benefit shall be calculated as follows:
 1641         (a) The amount of each monthly payment shall be computed in
 1642  the same manner as for a normal retirement benefit, in
 1643  accordance with subsection (1), but shall be based on the
 1644  member’s average monthly compensation and creditable service as
 1645  of the member’s early retirement date. The benefit so computed
 1646  shall be reduced by five-twelfths of 1 percent for each complete
 1647  month by which the early retirement date precedes the normal
 1648  retirement date of age 62 for a member of the Regular Class,
 1649  Senior Management Service Class, or the Elected Officers’ Class,
 1650  and age 55 for a member of the Special Risk Class, or age 52 if
 1651  a Special Risk member has completed 25 years of creditable
 1652  service in accordance with s. 121.021(29)(b)3.
 1653         (4) DISABILITY RETIREMENT BENEFIT.—
 1654         (a) Disability retirement; entitlement and effective date.—
 1655         1.a. A member who becomes totally and permanently disabled,
 1656  as defined in paragraph (b), after completing 5 years of
 1657  creditable service, or a member who becomes totally and
 1658  permanently disabled in the line of duty regardless of service,
 1659  is shall be entitled to a monthly disability benefit; except
 1660  that any member with less than 5 years of creditable service on
 1661  July 1, 1980, or any person who becomes a member of the Florida
 1662  Retirement System on or after such date must have completed 10
 1663  years of creditable service before prior to becoming totally and
 1664  permanently disabled in order to receive disability retirement
 1665  benefits for any disability which occurs other than in the line
 1666  of duty. However, if a member employed on July 1, 1980, having
 1667  with less than 5 years of creditable service as of that date,
 1668  becomes totally and permanently disabled after completing 5
 1669  years of creditable service and is found not to have attained
 1670  fully insured status for benefits under the federal Social
 1671  Security Act, such member is shall be entitled to a monthly
 1672  disability benefit.
 1673         b. Effective July 1, 2001, a member of the pension plan
 1674  defined benefit retirement program who becomes totally and
 1675  permanently disabled, as defined in paragraph (b), after
 1676  completing 8 years of creditable service, or a member who
 1677  becomes totally and permanently disabled in the line of duty
 1678  regardless of service, is shall be entitled to a monthly
 1679  disability benefit.
 1680         2. If the division has received from the employer the
 1681  required documentation of the member’s termination of
 1682  employment, the effective retirement date for a member who
 1683  applies and is approved for disability retirement shall be
 1684  established by rule of the division.
 1685         3. For a member who is receiving Workers’ Compensation
 1686  payments, the effective disability retirement date may not
 1687  precede the date the member reaches Maximum Medical Improvement
 1688  (MMI), unless the member terminates employment before prior to
 1689  reaching MMI.
 1690         (5) TERMINATION BENEFITS.—A member whose employment is
 1691  terminated before prior to retirement retains membership rights
 1692  to previously earned member-noncontributory service credit, and
 1693  to member-contributory service credit, if the member leaves the
 1694  member contributions on deposit in his or her retirement
 1695  account. If a terminated member receives a refund of member
 1696  contributions, such member may reinstate membership rights to
 1697  the previously earned service credit represented by the refund
 1698  by completing 1 year of creditable service and repaying the
 1699  refunded member contributions, plus interest.
 1700         (a) A member whose employment is terminated for any reason
 1701  other than death or retirement before prior to becoming vested
 1702  is entitled to the return of his or her accumulated employee
 1703  contributions as of the date of termination. Effective July 1,
 1704  2011, upon termination of employment from all participating
 1705  employers for 3 calendar months as defined in s. 121.021(39)(c)
 1706  for any reason other than retirement, a member may receive a
 1707  refund of all contributions he or she has made to the pension
 1708  plan, subject to the restrictions otherwise provided in this
 1709  chapter. Partial refunds are not permitted. The refund may not
 1710  include any interest earnings on the contributions for a member
 1711  of the pension plan. Employer contributions made on behalf of
 1712  the member are not refundable. A member may not receive a refund
 1713  of employee contributions if a pending or an approved qualified
 1714  domestic relations order is filed against his or her retirement
 1715  account. By obtaining a refund of contributions, a member waives
 1716  all rights under the Florida Retirement System and the health
 1717  insurance subsidy to the service credit represented by the
 1718  refunded contributions, except the right to purchase prior
 1719  service credit in accordance with s. 121.081(2).
 1720         (c) In lieu of the deferred monthly benefit provided in
 1721  paragraph (b), the terminated member may elect to receive a
 1722  lump-sum amount equal to his or her accumulated employee
 1723  contributions as of the date of termination. Effective July 1,
 1724  2011, upon termination of employment from all participating
 1725  employers for 3 calendar months as defined in s. 121.021(39)(c)
 1726  for any reason other than retirement, a member may receive a
 1727  refund of all contributions he or she has made to the pension
 1728  plan, subject to the restrictions otherwise provided in this
 1729  chapter. Partial refunds are not permitted. The refund may not
 1730  include any interest earnings on the contributions for a member
 1731  of the pension plan. Employer contributions made on behalf of
 1732  the member are not refundable. A member may not receive a refund
 1733  of employee contributions if a pending or an approved qualified
 1734  domestic relations order is filed against his or her retirement
 1735  account. By obtaining a refund of contributions, a member waives
 1736  all rights under the Florida Retirement System and the health
 1737  insurance subsidy to the service credit represented by the
 1738  refunded contributions, except the right to purchase prior
 1739  service credit in accordance with s. 121.081(2).
 1740         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
 1741         (d) The provisions of This subsection applies apply to
 1742  retirees, as defined in s. 121.4501(2), of the Florida Public
 1743  Employee Optional Retirement System Investment Plan Program,
 1744  subject to the following conditions:
 1745         1. The retiree retirees may not be reemployed with an
 1746  employer participating in the Florida Retirement System until
 1747  such person has been retired for 6 calendar months.
 1748         2. A retiree employed in violation of this subsection and
 1749  an employer that employs or appoints such person are jointly and
 1750  severally liable for reimbursement of any benefits paid to the
 1751  retirement trust fund from which the benefits were paid,
 1752  including the Retirement System Trust Fund and the Public
 1753  Employee Optional Retirement Program Trust Fund, as appropriate.
 1754  The employer must have a written statement from the retiree that
 1755  he or she is not retired from a state-administered retirement
 1756  system.
 1757         (13) DEFERRED RETIREMENT OPTION PROGRAM.—In general, and
 1758  subject to this section, the Deferred Retirement Option Program,
 1759  hereinafter referred to as DROP, is a program under which an
 1760  eligible member of the Florida Retirement System may elect to
 1761  participate, deferring receipt of retirement benefits while
 1762  continuing employment with his or her Florida Retirement System
 1763  employer. The deferred monthly benefits shall accrue in the
 1764  Florida Retirement System on behalf of the participant, plus
 1765  interest compounded monthly, for the specified period of the
 1766  DROP participation, as provided in paragraph (c). Upon
 1767  termination of employment, the participant shall receive the
 1768  total DROP benefits and begin to receive the previously
 1769  determined normal retirement benefits. Participation in the DROP
 1770  does not guarantee employment for the specified period of DROP.
 1771  Participation in DROP by an eligible member beyond the initial
 1772  60-month period as authorized in this subsection shall be on an
 1773  annual contractual basis for all participants.
 1774         (a) Eligibility of member to participate in DROP.—All
 1775  active Florida Retirement System members in a regularly
 1776  established position, and all active members of the Teachers’
 1777  Retirement System established in chapter 238 or the State and
 1778  County Officers’ and Employees’ Retirement System established in
 1779  chapter 122, which are consolidated within the Florida
 1780  Retirement System under s. 121.011, are eligible to elect
 1781  participation in DROP if:
 1782         1. The member is not a renewed member under s. 121.122 or a
 1783  member of the State Community College System Optional Retirement
 1784  Program under s. 121.051, the Senior Management Service Optional
 1785  Annuity Program under s. 121.055, or the optional retirement
 1786  program for the State University System under s. 121.35.
 1787         2. Except as provided in subparagraph 6., election to
 1788  participate is made within 12 months immediately following the
 1789  date on which the member first reaches normal retirement date,
 1790  or, for a member who reaches normal retirement date based on
 1791  service before he or she reaches age 62, or age 55 for Special
 1792  Risk Class members, election to participate may be deferred to
 1793  the 12 months immediately following the date the member attains
 1794  age 57, or age 52 for Special Risk Class members. A member who
 1795  delays DROP participation during the 12-month period immediately
 1796  following his or her maximum DROP deferral date, except as
 1797  provided in subparagraph 6., loses a month of DROP participation
 1798  for each month delayed. A member who fails to make an election
 1799  within the 12-month limitation period forfeits all rights to
 1800  participate in DROP. The member shall advise his or her employer
 1801  and the division in writing of the date DROP begins. The
 1802  beginning date may be subsequent to the 12-month election period
 1803  but must be within the original 60-month participation period
 1804  provided in subparagraph (b)1. When establishing eligibility of
 1805  the member to participate in DROP, the member may elect to
 1806  include or exclude any optional service credit purchased by the
 1807  member from the total service used to establish the normal
 1808  retirement date. A member who has dual normal retirement dates
 1809  is eligible to elect to participate in DROP after attaining
 1810  normal retirement date in either class.
 1811         3. The employer of a member electing to participate in
 1812  DROP, or employers if dually employed, shall acknowledge in
 1813  writing to the division the date the member’s participation in
 1814  DROP begins and the date the member’s employment and DROP
 1815  participation terminates will terminate.
 1816         4. Simultaneous employment of a member participant by
 1817  additional Florida Retirement System employers subsequent to the
 1818  commencement of a member’s participation in DROP is permissible
 1819  if such employers acknowledge in writing a DROP termination date
 1820  no later than the member’s participant’s existing termination
 1821  date or the maximum participation period provided in
 1822  subparagraph (b)1.
 1823         5. A member DROP participant may change employers while
 1824  participating in DROP, subject to the following:
 1825         a. A change of employment must take place without a break
 1826  in service so that the member receives salary for each month of
 1827  continuous DROP participation. If a member receives no salary
 1828  during a month, DROP participation ceases shall cease unless the
 1829  employer verifies a continuation of the employment relationship
 1830  for such member participant pursuant to s. 121.021(39)(b).
 1831         b. The member Such participant and new employer shall
 1832  notify the division of the identity of the new employer on forms
 1833  required by the division.
 1834         c. The new employer acknowledges shall acknowledge, in
 1835  writing, the member’s participant’s DROP termination date, which
 1836  may be extended but not beyond the maximum participation period
 1837  provided in subparagraph (b)1., acknowledges shall acknowledge
 1838  liability for any additional retirement contributions and
 1839  interest required if the member participant fails to timely
 1840  terminate employment, and is subject to the adjustment required
 1841  in sub-subparagraph (c)5.d.
 1842         6. Effective July 1, 2001, for instructional personnel as
 1843  defined in s. 1012.01(2), election to participate in DROP may be
 1844  made at any time following the date on which the member first
 1845  reaches normal retirement date. The member shall advise his or
 1846  her employer and the division in writing of the date on which
 1847  DROP begins. When establishing eligibility of the member to
 1848  participate in DROP for the 60-month participation period
 1849  provided in subparagraph (b)1., the member may elect to include
 1850  or exclude any optional service credit purchased by the member
 1851  from the total service used to establish the normal retirement
 1852  date. A member who has dual normal retirement dates is eligible
 1853  to elect to participate in either class.
 1854         (c) Benefits payable under DROP.—
 1855         1. Effective on the date of DROP participation, the
 1856  member’s initial normal monthly benefit, including creditable
 1857  service, optional form of payment, and average final
 1858  compensation, and the effective date of retirement are fixed.
 1859  The beneficiary established under the Florida Retirement System
 1860  is the beneficiary eligible to receive any DROP benefits payable
 1861  if the DROP participant dies before completing the period of
 1862  DROP participation. If a joint annuitant predeceases the member,
 1863  the member may name a beneficiary to receive accumulated DROP
 1864  benefits payable. The retirement benefit, the annual cost of
 1865  living adjustments provided in s. 121.101, and interest accrue
 1866  monthly in the Florida Retirement System Trust Fund.
 1867         a. For members initially enrolled in the system before July
 1868  1, 2011, the interest accrues at an effective annual rate of 6.5
 1869  percent compounded monthly, on the prior month’s accumulated
 1870  ending balance, up to the month of termination or death, except
 1871  as provided in s. 121.053(7).
 1872         b. For members initially enrolled in the system on or after
 1873  July 1, 2011, the interest accrues at an effective annual rate
 1874  of 2 percent compounded monthly, on the prior month’s
 1875  accumulated ending balance, up to the month of termination or
 1876  death, except as provided in s. 121.053(7).
 1877         2. Each employee who elects to participate in DROP may
 1878  elect to receive a lump-sum payment for accrued annual leave
 1879  earned in accordance with agency policy upon beginning
 1880  participation in DROP. The accumulated leave payment certified
 1881  to the division upon commencement of DROP shall be included in
 1882  the calculation of the member’s average final compensation. The
 1883  employee electing the lump-sum payment is not eligible to
 1884  receive a second lump-sum payment upon termination, except to
 1885  the extent the employee has earned additional annual leave
 1886  which, combined with the original payment, does not exceed the
 1887  maximum lump-sum payment allowed by the employing agency’s
 1888  policy or rules. An early lump-sum payment shall be based on the
 1889  hourly wage of the employee at the time he or she begins
 1890  participation in DROP. If the member elects to wait and receive
 1891  a lump-sum payment upon termination of DROP and termination of
 1892  employment with the employer, any accumulated leave payment made
 1893  at that time may not be included in the member’s retirement
 1894  benefit, which was determined and fixed by law when the employee
 1895  elected to participate in DROP.
 1896         3. The effective date of DROP participation and the
 1897  effective date of retirement of a DROP participant shall be the
 1898  first day of the month selected by the member to begin
 1899  participation in DROP, provided such date is properly
 1900  established, with the written confirmation of the employer, and
 1901  the approval of the division, on forms required by the division.
 1902         4. Normal retirement benefits and any interest shall
 1903  continue to accrue in DROP until the established termination
 1904  date of DROP or until the member participant terminates
 1905  employment or dies before prior to such date, except as provided
 1906  in s. 121.053(7). Although individual DROP accounts may shall
 1907  not be established, a separate accounting of each member’s
 1908  participant’s accrued benefits under DROP shall be calculated
 1909  and provided to the member participants.
 1910         5. At the conclusion of the member’s participation in the
 1911  participant’s DROP, the division shall distribute the member’s
 1912  participant’s total accumulated DROP benefits, subject to the
 1913  following:
 1914         a. The division shall receive verification by the member’s
 1915  participant’s employer or employers that the member participant
 1916  has terminated all employment relationships as provided in s.
 1917  121.021(39).
 1918         b. The terminated DROP participant or, if deceased, the
 1919  member’s participant’s named beneficiary, shall elect on forms
 1920  provided by the division to receive payment of the DROP benefits
 1921  in accordance with one of the options listed below. If a member
 1922  participant or beneficiary fails to elect a method of payment
 1923  within 60 days after termination of DROP, the division shall pay
 1924  a lump sum as provided in sub-sub-subparagraph (I).
 1925         (I) Lump sum.—All accrued DROP benefits, plus interest,
 1926  less withholding taxes remitted to the Internal Revenue Service,
 1927  shall be paid to the DROP participant or surviving beneficiary.
 1928         (II) Direct rollover.—All accrued DROP benefits, plus
 1929  interest, shall be paid from DROP directly to the custodian of
 1930  an eligible retirement plan as defined in s. 402(c)(8)(B) of the
 1931  Internal Revenue Code. However, in the case of an eligible
 1932  rollover distribution to the surviving spouse of a deceased
 1933  member participant, an eligible retirement plan is an individual
 1934  retirement account or an individual retirement annuity as
 1935  described in s. 402(c)(9) of the Internal Revenue Code.
 1936         (III) Partial lump sum.—A portion of the accrued DROP
 1937  benefits shall be paid to DROP participant or surviving spouse,
 1938  less withholding taxes remitted to the Internal Revenue Service,
 1939  and the remaining DROP benefits must be transferred directly to
 1940  the custodian of an eligible retirement plan as defined in s.
 1941  402(c)(8)(B) of the Internal Revenue Code. However, in the case
 1942  of an eligible rollover distribution to the surviving spouse of
 1943  a deceased member participant, an eligible retirement plan is an
 1944  individual retirement account or an individual retirement
 1945  annuity as described in s. 402(c)(9) of the Internal Revenue
 1946  Code. The proportions must be specified by the DROP participant
 1947  or surviving beneficiary.
 1948         c. The form of payment selected by the DROP participant or
 1949  surviving beneficiary must comply with the minimum distribution
 1950  requirements of the Internal Revenue Code.
 1951         d. A DROP participant who fails to terminate all employment
 1952  relationships as provided in s. 121.021(39) shall be deemed as
 1953  not retired, and the DROP election is null and void. Florida
 1954  Retirement System membership shall be reestablished
 1955  retroactively to the date of the commencement of DROP, and each
 1956  employer with whom the member participant continues employment
 1957  must pay to the Florida Retirement System Trust Fund the
 1958  difference between the DROP contributions paid in paragraph (i)
 1959  and the contributions required for the applicable Florida
 1960  Retirement System class of membership during the period the
 1961  member participated in DROP, plus 6.5 percent interest
 1962  compounded annually.
 1963         6. The retirement benefits of any DROP participant who
 1964  terminates all employment relationships as provided in s.
 1965  121.021(39) but is reemployed in violation of the reemployment
 1966  provisions of subsection (9) are shall be suspended during those
 1967  months in which the retiree is in violation. Any retiree in
 1968  violation of this subparagraph and any employer that employs or
 1969  appoints such person without notifying the division of
 1970  Retirement to suspend retirement benefits are jointly and
 1971  severally liable for any benefits paid during the reemployment
 1972  limitation period. The employer must have a written statement
 1973  from the retiree that he or she is not retired from a state
 1974  administered retirement system. Any retirement benefits received
 1975  by a retiree while employed in violation of the reemployment
 1976  limitations must be repaid to the Florida Retirement System
 1977  Trust Fund, and his or her retirement benefits shall remain
 1978  suspended until payment is made. Benefits suspended beyond the
 1979  end of the reemployment limitation period apply toward repayment
 1980  of benefits received in violation of the reemployment
 1981  limitation.
 1982         7. The accrued benefits of any DROP participant, and any
 1983  contributions accumulated under the program, are not subject to
 1984  assignment, execution, attachment, or any legal process
 1985  whatsoever, except for qualified domestic relations court orders
 1986  by a court of competent jurisdiction, income deduction orders as
 1987  provided in s. 61.1301, and federal income tax levies.
 1988         8. DROP participants are not eligible for disability
 1989  retirement benefits as provided in subsection (4).
 1990         (14) PAYMENT OF BENEFITS.—This subsection applies to the
 1991  payment of benefits to a payee (retiree or beneficiary) under
 1992  the Florida Retirement System:
 1993         (d) A payee whose retirement benefits are reduced by the
 1994  application of maximum benefit limits under s. 415(b) of the
 1995  Internal Revenue Code, as specified in s. 121.30(5), shall have
 1996  the portion of his or her calculated benefit in the Florida
 1997  Retirement System’s pension System defined benefit plan which
 1998  exceeds such federal limitation paid through the Florida
 1999  Retirement System Preservation of Benefits Plan, as provided in
 2000  s. 121.1001.
 2001         Section 15. Subsection (1) and paragraph (a) of subsection
 2002  (2) of section 121.1001, Florida Statutes, are amended to read:
 2003         121.1001 Florida Retirement System Preservation of Benefits
 2004  Plan.—Effective July 1, 1999, the Florida Retirement System
 2005  Preservation of Benefits Plan is established as a qualified
 2006  governmental excess benefit arrangement pursuant to s. 415(m) of
 2007  the Internal Revenue Code. The Preservation of Benefits Plan is
 2008  created as a separate portion of the Florida Retirement System,
 2009  for the purpose of providing benefits to a payee (retiree or
 2010  beneficiary) of the Florida Retirement System whose benefits
 2011  would otherwise be limited by s. 415(b) of the Internal Revenue
 2012  Code.
 2013         (1) ELIGIBILITY TO PARTICIPATE IN THE PRESERVATION OF
 2014  BENEFITS PLAN.—A payee of the Florida Retirement System shall
 2015  participate in the Preservation of Benefits Plan if whenever his
 2016  or her earned benefit under the Florida Retirement System’s
 2017  pension System defined benefit plan exceeds the benefit maximum
 2018  established under s. 415(b) of the Internal Revenue Code.
 2019  Participation in the Preservation of Benefits Plan shall
 2020  continue for as long as the payee’s earned benefit under the
 2021  pension Florida Retirement System defined benefit plan is
 2022  reduced by the application of the maximum benefit limit under s.
 2023  415(b) of the Internal Revenue Code.
 2024         (2) BENEFITS PAYABLE UNDER THE PRESERVATION OF BENEFITS
 2025  PLAN.—
 2026         (a) On and after July 1, 1999, the division of Retirement
 2027  shall pay to each eligible payee of the Florida Retirement
 2028  System who retires before, on, or after that such date, a
 2029  supplemental retirement benefit equal to the difference between
 2030  the amount of the payee’s monthly retirement benefit which would
 2031  have been payable under the Florida Retirement System’s pension
 2032  System defined benefit plan if not for a reduction due to the
 2033  application of s. 415(b) of the Internal Revenue Code and the
 2034  reduced monthly retirement benefit as paid to the payee. The
 2035  Preservation of Benefits Plan benefit shall be computed and
 2036  payable under the same terms and conditions and to the same
 2037  person as would have applied under the pension Florida
 2038  Retirement System defined benefit plan were it not for the
 2039  federal limitation.
 2040         Section 16. Subsections (1) and (3) of section 121.101,
 2041  Florida Statutes, are amended, present subsections (4) through
 2042  (7) of that section are redesignated as subsections (5) through
 2043  (8), respectively, and a new subsection (4) is added to that
 2044  section, to read:
 2045         121.101 Cost-of-living adjustment of benefits.—
 2046         (1) The purpose of this section is to provide cost-of
 2047  living adjustments to the monthly benefits payable to all
 2048  retired members of state-supported retirement systems.
 2049         (3) Commencing July 1, 1987, the benefit of each retiree
 2050  and annuitant retiring before July 1, 2011, shall be adjusted
 2051  annually on each July 1 thereafter, as follows:
 2052         (a) For those retirees and annuitants who have never
 2053  received a cost-of-living adjustment under this section, the
 2054  amount of the monthly benefit payable for the 12-month period
 2055  commencing on the adjustment date shall be the amount of the
 2056  member’s initial benefit plus an amount equal to a percentage of
 2057  the member’s initial benefit; this percentage is derived by
 2058  dividing the number of months the member has received an initial
 2059  benefit by 12, and multiplying the result by 3.
 2060         (b) For those retirees and annuitants who have received a
 2061  cost-of-living adjustment under this subsection section, the
 2062  adjusted monthly benefit shall be the amount of the monthly
 2063  benefit being received on June 30 immediately preceding the
 2064  adjustment date plus an amount equal to 3 percent of this
 2065  benefit.
 2066         (4) For members retiring on or after July 1, 2011, the
 2067  benefit of each retiree and annuitant shall be adjusted annually
 2068  on July 1 as follows:
 2069         (a) For those retirees and annuitants who have never
 2070  received a cost-of-living adjustment under this subsection, the
 2071  amount of the monthly benefit payable for the 12-month period
 2072  commencing on the adjustment date shall be the amount of the
 2073  member’s initial benefit plus an amount equal to a percentage of
 2074  the member’s initial benefit. This percentage is derived by
 2075  dividing the number of months the member has received an initial
 2076  benefit by 12, and multiplying the result by the factor
 2077  calculated pursuant to paragraph (c).
 2078         (b) For those retirees and annuitants who have received a
 2079  cost-of-living adjustment under this subsection, the adjusted
 2080  monthly benefit shall be the amount of the monthly benefit being
 2081  received on June 30 immediately preceding the adjustment date
 2082  plus an amount determined by multiplying the benefit by the
 2083  factor calculated pursuant to paragraph (c).
 2084         (c) The department shall calculate a cost-of-living factor
 2085  for each retiree and beneficiary retiring on or after July 1,
 2086  2011. This factor shall equal the product of 3 percent
 2087  multiplied by the quotient of the sum of the member’s service
 2088  credit earned for service before July 1, 2011, divided by the
 2089  sum of the member’s total service credit earned.
 2090         Section 17. Subsection (1) of section 121.121, Florida
 2091  Statutes, is amended to read:
 2092         121.121 Authorized leaves of absence.—
 2093         (1) A member may purchase creditable service for up to 2
 2094  work years of authorized leaves of absence, including any leaves
 2095  of absence covered under the Family Medical Leave Act, if:
 2096         (a) The member has completed a minimum of 6 years of
 2097  creditable service, excluding periods for which a leave of
 2098  absence was authorized;
 2099         (b) The leave of absence is authorized in writing by the
 2100  employer of the member and approved by the administrator;
 2101         (c) The member returns to active employment performing
 2102  service with a Florida Retirement System employer in a regularly
 2103  established position immediately upon termination of the leave
 2104  of absence and remains on the employer’s payroll for 1 calendar
 2105  month, except that a member who retires on disability while on a
 2106  medical leave of absence may shall not be required to return to
 2107  employment. A member whose work year is less than 12 months and
 2108  whose leave of absence terminates between school years is
 2109  eligible to receive credit for the leave of absence if as long
 2110  as he or she returns to the employment of his or her employer at
 2111  the beginning of the next school year and remains on the
 2112  employer’s payroll for 1 calendar month; and
 2113         (d) The member makes the required contributions for service
 2114  credit during the leave of absence, which shall be 8 percent
 2115  until January 1, 1975, and 9 percent thereafter of his or her
 2116  rate of monthly compensation in effect immediately before prior
 2117  to the commencement of such leave for each month of such period,
 2118  plus 4 percent interest until July 1, 1975, and 6.5 percent
 2119  interest thereafter on such contributions, compounded annually
 2120  each June 30 from the due date of the contribution to date of
 2121  payment. Effective July 1, 1980, any leave of absence purchased
 2122  pursuant to this section is shall be at the contribution rates
 2123  specified in s. 121.071 or s. 121.71 in effect at the time the
 2124  leave is granted for the class of membership from which the
 2125  leave of absence was granted; however, any member who purchased
 2126  leave-of-absence credit before prior to July 1, 1980, for a
 2127  leave of absence from a position in a class other than the
 2128  regular membership class, may pay the appropriate additional
 2129  contributions plus compound interest thereon and receive
 2130  creditable service for such leave of absence in the membership
 2131  class from which the member was granted the leave of absence.
 2132  Effective July 1, 2011, any leave of absence purchased pursuant
 2133  to this section shall be at the employee and employer
 2134  contribution rates specified in s. 121.71 in effect during the
 2135  leave for the class of membership from which the leave of
 2136  absence was granted.
 2137         Section 18. Subsection (2) of section 121.122, Florida
 2138  Statutes, is amended, and subsection (3) is added to that
 2139  section, to read:
 2140         121.122 Renewed membership in system.—
 2141         (2) A retiree of a state-administered retirement system who
 2142  is initially reemployed on or after July 1, 2010, through June
 2143  30, 2011, shall become a member of the Regular Class and be
 2144  enrolled in the Florida Retirement System Investment Plan on
 2145  July 1, 2011, and must resatisfy the vesting requirements and
 2146  other provisions provided in this chapter is not eligible for
 2147  renewed membership. This subsection does not apply to retirees
 2148  from the Elected Officers’ Class or the Senior Management
 2149  Service Class.
 2150         (a) Creditable service, including credit towards the
 2151  retiree health insurance subsidy provided in s. 112.363, does
 2152  not accrue for a retiree’s employment in a regularly established
 2153  position with a covered employer during the period from July 1,
 2154  2010, through June 30, 2011.
 2155         (b) Employer contributions, interest, earnings, or any
 2156  other funds may not be paid into a renewed member’s investment
 2157  plan account for any employment in a regularly established
 2158  position with a covered employer during the period from July 1,
 2159  2010, through June 30, 2011.
 2160         (c) To be eligible to receive a retirement benefit under
 2161  the investment plan, the renewed member must meet the vesting
 2162  requirements of the plan as provided in s. 121.4501(6).
 2163         (d) The member is not entitled to disability benefits as
 2164  provided in s. 121.091(4) or s. 121.591(2).
 2165         (e) The member must meet the limitations on reemployment
 2166  after retirement as provided in s. 121.091(9), as applicable.
 2167         (f) Upon the renewed membership or reemployment of a
 2168  retiree, the employer of such member and the retiree shall pay
 2169  the applicable employer and employee contributions as required
 2170  by ss. 112.363, 121.71, 121.74, and 121.76. Such contributions
 2171  are payable only for employment in a regularly established
 2172  position with a covered employer on or after July 1, 2011.
 2173         (g) The member may not purchase any prior or past service
 2174  in the investment plan, including employment in a regularly
 2175  established position with a covered employer during the period
 2176  from July 1, 2010, through June 30, 2011.
 2177         (h) A renewed member who is not receiving the maximum
 2178  health insurance subsidy provided in s. 112.363 is entitled to
 2179  earn additional credit toward the subsidy. Such credit may be
 2180  earned only for employment in a regularly established position
 2181  with a covered employer on or after July 1, 2011. Any additional
 2182  subsidy due because of additional credit may be received only at
 2183  the time of paying the second career retirement benefit. The
 2184  total health insurance subsidy received by a retiree receiving
 2185  benefits from initial and renewed membership may not exceed the
 2186  maximum allowed under s. 112.363.
 2187         (3) Any retiree of a state-administered retirement system
 2188  who is initially reemployed on or after July 1, 2011, except for
 2189  retirees from the Elected Officers’ Class or the Senior
 2190  Management Service Class, shall become a member of the Regular
 2191  Class and be enrolled in the Florida Retirement System
 2192  Investment Plan, and must resatisfy the vesting requirements and
 2193  other provisions of this chapter. Retirees from the Elected
 2194  Officers’ Class or the Senior Management Service Class may not
 2195  be enrolled in a state-administered retirement system.
 2196         (a) To be eligible to receive a retirement benefit under
 2197  the investment plan, the renewed member must meet the vesting
 2198  requirements of the investment plan as provided in s.
 2199  121.4501(6).
 2200         (b) The member is not entitled to disability benefits as
 2201  provided in s. 121.091(4) or s. 121.591(2).
 2202         (c) The member must meet the limitations on reemployment
 2203  after retirement provided in s. 121.091(9), as applicable.
 2204         (d) Upon renewed membership or reemployment of a retiree,
 2205  the employer of such member and the retiree must pay the
 2206  applicable employer and employee contributions as required by
 2207  ss. 112.363, 121.71, 121.74, and 121.76.
 2208         (e) The member may not purchase any prior or past service
 2209  in the investment plan.
 2210         (f) A renewed member who is not receiving the maximum
 2211  health insurance subsidy provided in s. 112.363 is entitled to
 2212  earn additional credit toward the subsidy. Any additional
 2213  subsidy due because of additional credit may be received only at
 2214  the time of paying the second career retirement benefit. The
 2215  total health insurance subsidy received by a retiree receiving
 2216  benefits from initial and renewed membership may not exceed the
 2217  maximum allowed under s. 112.363.
 2218         Section 19. Section 121.125, Florida Statutes, is amended
 2219  to read:
 2220         121.125 Credit for workers’ compensation payment periods.—A
 2221  member of the retirement system created by this chapter who has
 2222  been eligible or becomes eligible for to receive workers’
 2223  compensation payments for an injury or illness that occurred
 2224  occurring during his or her employment while a member of a any
 2225  state retirement system shall, upon return to active employment
 2226  with a covered employer for 1 calendar month or upon approval
 2227  for disability retirement in accordance with s. 121.091(4),
 2228  receive full retirement credit for the period before prior to
 2229  such return to active employment or disability retirement for
 2230  which the workers’ compensation payments were received. However,
 2231  a no member may not receive retirement credit for any such
 2232  period occurring after the earlier of the date of maximum
 2233  medical improvement as defined in s. 440.02 or the date
 2234  termination has occurred as defined in s. 121.021(39). The
 2235  employer of record at the time of the worker’s compensation
 2236  injury or illness shall make the required employee and employer
 2237  retirement contributions based on the member’s rate of monthly
 2238  compensation immediately before prior to his or her receiving
 2239  workers’ compensation payments for retirement credit received by
 2240  the member. The employer of record at the time of the workers’
 2241  compensation injury or illness shall be assessed by the division
 2242  a penalty of 1 percent of the contributions on all contributions
 2243  not paid on the first payroll report after the member becomes
 2244  eligible to receive credit. This delinquent assessment may not
 2245  be waived.
 2246         Section 20. Paragraphs (g) and (i) of subsection (3) and
 2247  subsections (4) and (5) of section 121.35, Florida Statutes, are
 2248  amended to read:
 2249         121.35 Optional retirement program for the State University
 2250  System.—
 2251         (3) ELECTION OF OPTIONAL PROGRAM.—
 2252         (g) An eligible employee who is a member of the Florida
 2253  Retirement System at the time of electing election to
 2254  participate in the optional retirement program shall retain all
 2255  retirement service credit earned under the Florida Retirement
 2256  System, at the rate earned. No Additional service credit in the
 2257  Florida Retirement system may not shall be earned while the
 2258  employee participates in the optional program, and nor shall the
 2259  employee is not be eligible for disability retirement under the
 2260  Florida Retirement system. An eligible employee may transfer
 2261  from the Florida Retirement System to his or her accounts under
 2262  the State University System Optional Retirement Program a sum
 2263  representing the present value of the employee’s accumulated
 2264  benefit obligation under the defined benefit program of the
 2265  Florida Retirement System’s pension plan System for any service
 2266  credit accrued from the employee’s first eligible transfer date
 2267  to the optional retirement program through the actual date of
 2268  such transfer, if such service credit was earned in the period
 2269  from July 1, 1984, through December 31, 1992. The present value
 2270  of the employee’s accumulated benefit obligation shall be
 2271  calculated as described in s. 121.4501(3) s. 121.4501(3)(c)2.
 2272  Upon such transfer, all such service credit previously earned
 2273  under the pension plan defined benefit program of the Florida
 2274  Retirement System during this period is shall be nullified for
 2275  purposes of entitlement to a future benefit under the pension
 2276  plan defined benefit program of the Florida Retirement System.
 2277         (i) Effective January 1, 2008, through December 31, 2008,
 2278  except for an employee who is a mandatory member participant of
 2279  the State University System Optional Retirement Program, an
 2280  employee who has elected to participate in the State University
 2281  System Optional Retirement Program shall have one opportunity,
 2282  at the employee’s discretion, to choose to transfer from this
 2283  program to the pension plan or the investment plan defined
 2284  benefit program of the Florida Retirement System or to the
 2285  Public Employee Optional Retirement Program, subject to the
 2286  terms of the applicable contracts of the State University System
 2287  Optional Retirement Program.
 2288         1. If the employee chooses to move to the investment plan
 2289  Public Employee Optional Retirement Program, any contributions,
 2290  interest, and earnings creditable to the employee under the
 2291  State University System Optional Retirement Program must shall
 2292  be retained by the employee in the State University System
 2293  Optional Retirement Program, and the applicable provisions of s.
 2294  121.4501(4) shall govern the election.
 2295         2. If the employee chooses to move to the pension plan
 2296  defined benefit program of the Florida Retirement System, the
 2297  employee shall receive service credit equal to his or her years
 2298  of service under the State University System Optional Retirement
 2299  Program.
 2300         a. The cost for such credit must be in shall be an amount
 2301  representing the actuarial accrued liability for the affected
 2302  period of service. The cost must shall be calculated using the
 2303  discount rate and other relevant actuarial assumptions that were
 2304  used to value the pension Florida Retirement System defined
 2305  benefit plan liabilities in the most recent actuarial valuation.
 2306  The calculation must shall include any service already
 2307  maintained under the pension defined benefit plan in addition to
 2308  the years under the State University System Optional Retirement
 2309  Program. The actuarial accrued liability of any service already
 2310  maintained under the pension defined benefit plan must shall be
 2311  applied as a credit to total cost resulting from the
 2312  calculation. The division must shall ensure that the transfer
 2313  sum is prepared using a formula and methodology certified by an
 2314  enrolled actuary.
 2315         b. The employee must transfer from his or her State
 2316  University System Optional Retirement Program account, and from
 2317  other employee moneys as necessary, a sum representing the
 2318  actuarial accrued liability immediately following the time of
 2319  such movement, determined assuming that attained service equals
 2320  the sum of service in the pension plan defined benefit program
 2321  and service in the State University System Optional Retirement
 2322  Program.
 2323         (4) CONTRIBUTIONS.—
 2324         (a)1. Through June 30, 2001, each employer shall contribute
 2325  on behalf of each member of participant in the optional
 2326  retirement program an amount equal to the normal cost portion of
 2327  the employer retirement contribution which would be required if
 2328  the employee participant were a regular member of the Florida
 2329  Retirement System’s pension plan System defined benefit program,
 2330  plus the portion of the contribution rate required in s.
 2331  112.363(8) that would otherwise be assigned to the Retiree
 2332  Health Insurance Subsidy Trust Fund.
 2333         2. Effective July 1, 2001, through June 30, 2011, each
 2334  employer shall contribute on behalf of each member of
 2335  participant in the optional retirement program an amount equal
 2336  to 10.43 percent of the employee’s participant’s gross monthly
 2337  compensation.
 2338         3. Effective July 1, 2011, each member of the optional
 2339  retirement program shall contribute an amount equal to the
 2340  employee contribution required in s. 121.71(3). The employer
 2341  shall contribute on behalf of each such member an amount equal
 2342  to the difference between 10.43 percent of the employee’s gross
 2343  monthly compensation and the amount equal to the employee’s
 2344  required contribution based on the employee’s gross monthly
 2345  compensation.
 2346         4.The department shall deduct an amount approved by the
 2347  Legislature to provide for the administration of this program.
 2348  The payment of the contributions, including contributions by the
 2349  employee, to the optional program which is required by this
 2350  paragraph for each participant shall be made by the employer to
 2351  the department, which shall forward the contributions to the
 2352  designated company or companies contracting for payment of
 2353  benefits for member’s of the participant under the program.
 2354  However, such contributions paid on behalf of an employee
 2355  described in paragraph (3)(c) may shall not be forwarded to a
 2356  company and do shall not begin to accrue interest until the
 2357  employee has executed a contract and notified the department.
 2358  The department shall deduct an amount from the contributions to
 2359  provide for the administration of this program.
 2360         (b) Each employer shall contribute on behalf of each member
 2361  of participant in the optional retirement program an amount
 2362  equal to the unfunded actuarial accrued liability portion of the
 2363  employer contribution which would be required for members of the
 2364  Florida Retirement System. This contribution shall be paid to
 2365  the department for transfer to the Florida Retirement System
 2366  Trust Fund.
 2367         (c) An Optional Retirement Program Trust Fund shall be
 2368  established in the State Treasury and administered by the
 2369  department to make payments to the provider companies on behalf
 2370  of the optional retirement program members participants, and to
 2371  transfer the unfunded liability portion of the state optional
 2372  retirement program contributions to the Florida Retirement
 2373  System Trust Fund.
 2374         (d) Contributions required for social security by each
 2375  employer and each employee participant, in the amount required
 2376  for social security coverage as now or hereafter may be provided
 2377  by the federal Social Security Act, shall be maintained for each
 2378  member of participant in the optional retirement program and are
 2379  shall be in addition to the retirement contributions specified
 2380  in this subsection.
 2381         (e) Each member of participant in the optional retirement
 2382  program who has executed a contract may contribute by way of
 2383  salary reduction or deduction a percentage amount of the
 2384  employee’s participant’s gross compensation not to exceed the
 2385  percentage amount contributed by the employer to the optional
 2386  program, but in no case may such contribution may not exceed
 2387  federal limitations. Payment of the employee’s participant’s
 2388  contributions shall be made by the financial officer of the
 2389  employer to the division which shall forward the contributions
 2390  to the designated company or companies contracting for payment
 2391  of benefits for members the participant under the program. A
 2392  member participant may not make, through salary reduction, any
 2393  voluntary employee contributions to any other plan under s.
 2394  403(b) of the Internal Revenue Code, with the exception of a
 2395  custodial account under s. 403(b)(7) of the Internal Revenue
 2396  Code, until he or she has made an employee contribution to his
 2397  or her optional program equal to the employer contribution. An
 2398  employee A participant is responsible for monitoring his or her
 2399  individual tax-deferred income to ensure he or she does not
 2400  exceed the maximum deferral amounts permitted under the Internal
 2401  Revenue Code.
 2402         (f) The Optional Retirement Trust Fund may accept for
 2403  deposit into member participant contracts contributions in the
 2404  form of rollovers or direct trustee-to-trustee transfers by or
 2405  on behalf of members participants who are reasonably determined
 2406  by the department to be eligible for rollover or transfer to the
 2407  optional retirement program pursuant to the Internal Revenue
 2408  Code, if such contributions are made in accordance with rules
 2409  adopted by the department. Such contributions shall be accounted
 2410  for in accordance with any applicable requirements of the
 2411  Internal Revenue Code and department rules of the department.
 2412         (g) Effective July 1, 2008, for purposes of paragraph (a)
 2413  and notwithstanding s. 121.021(22)(b)1., the term “employee’s
 2414  participant’s gross monthly compensation” includes salary
 2415  payments made to eligible clinical faculty from a state
 2416  university using funds provided by a faculty practice plan
 2417  authorized by the Board of Governors of the State University
 2418  System if:
 2419         1. There is no not any employer contribution from the state
 2420  university to any other retirement program with respect to such
 2421  salary payments; and
 2422         2. The employer contribution on behalf of a member of the
 2423  participant in the optional retirement program with respect to
 2424  such salary payments is made using funds provided by the faculty
 2425  practice plan.
 2426         (5) BENEFITS.—
 2427         (a) Benefits are payable under the optional retirement
 2428  program only to vested members participating participants in the
 2429  program, or their beneficiaries as designated by the member
 2430  participant in the contract with a provider company, and such
 2431  benefits shall be paid only by the designated company in
 2432  accordance with s. 403(b) of the Internal Revenue Code and the
 2433  terms of the annuity contract or contracts applicable to the
 2434  member participant. Benefits accrue in individual accounts that
 2435  are member-directed participant-directed, portable, and funded
 2436  by employer contributions and the earnings thereon. The member
 2437  participant must be terminated for 3 calendar months from all
 2438  employment relationships with all Florida Retirement System
 2439  employers, as provided in s. 121.021(39), to begin receiving the
 2440  employer-funded benefit. Benefits funded by employer
 2441  contributions are payable in accordance with the following terms
 2442  and conditions:
 2443         1. Benefits shall be paid only to a participating member
 2444  participant, to his or her beneficiaries, or to his or her
 2445  estate, as designated by the member participant.
 2446         2. Benefits shall be paid by the provider company or
 2447  companies in accordance with the law, the provisions of the
 2448  contract, and any applicable department rule or policy.
 2449         3. In the event of a member’s participant’s death, moneys
 2450  accumulated by, or on behalf of, the member participant, less
 2451  withholding taxes remitted to the Internal Revenue Service, if
 2452  any, shall be distributed to the member’s participant’s
 2453  designated beneficiary or beneficiaries, or to the member’s
 2454  participant’s estate, as if the member participant retired on
 2455  the date of death, as provided in paragraph (d) (c). No other
 2456  death benefits are available to survivors of members
 2457  participants under the optional retirement program except for
 2458  such benefits, or coverage for such benefits, as are separately
 2459  afforded by the employer, at the employer’s discretion.
 2460         (b) Benefits are not payable for employee hardships,
 2461  unforeseeable emergencies, loans, medical expenses, educational
 2462  expenses, purchase of a principal residence, payments necessary
 2463  to prevent eviction or foreclosure on an employee’s principal
 2464  residence, or any other reason before termination from all
 2465  employment relationships with participating employers, as
 2466  provided in s. 121.021(39).
 2467         (c)(b) Upon receipt by the provider company of a properly
 2468  executed application for distribution of benefits, the total
 2469  accumulated benefit are shall be payable to the participating
 2470  member participant, as:
 2471         1. A lump-sum distribution to the member participant;
 2472         2. A lump-sum direct rollover distribution whereby all
 2473  accrued benefits, plus interest and investment earnings, are
 2474  paid from the participant’s account directly to an eligible
 2475  retirement plan, as defined in s. 402(c)(8)(B) of the Internal
 2476  Revenue Code, on behalf of the member participant;
 2477         3. Periodic distributions;
 2478         4. A partial lump-sum payment whereby a portion of the
 2479  accrued benefit is paid to the member participant and the
 2480  remaining amount is transferred to an eligible retirement plan,
 2481  as defined in s. 402(c)(8)(B) of the Internal Revenue Code, on
 2482  behalf of the member participant; or
 2483         5. Such other distribution options as are provided for in
 2484  the participant’s optional retirement program contract.
 2485         (d)(c) Survivor benefits are shall be payable as:
 2486         1. A lump-sum distribution payable to the beneficiaries or
 2487  to the deceased member’s participant’s estate;
 2488         2. An eligible rollover distribution on behalf of the
 2489  surviving spouse of a deceased member participant, whereby all
 2490  accrued benefits, plus interest and investment earnings, are
 2491  paid from the deceased member’s participant’s account directly
 2492  to an eligible retirement plan, as described in s. 402(c)(8)(B)
 2493  of the Internal Revenue Code, on behalf of the surviving spouse;
 2494         3. Such other distribution options as are provided for in
 2495  the member’s participant’s optional retirement program contract;
 2496  or
 2497         4. A partial lump-sum payment whereby a portion of the
 2498  accrued benefit is paid to the deceased member’s participant’s
 2499  surviving spouse or other designated beneficiaries, less
 2500  withholding taxes remitted to the Internal Revenue Service, if
 2501  any, and the remaining amount is transferred directly to an
 2502  eligible retirement plan, as described in s. 402(c)(8)(B) of the
 2503  Internal Revenue Code, on behalf of the surviving spouse. The
 2504  proportions must be specified by the member participant or the
 2505  surviving beneficiary.
 2506  
 2507  This paragraph does not abrogate other applicable provisions of
 2508  state or federal law providing payment of death benefits.
 2509         (e)(d) The benefits payable to any person under the
 2510  optional retirement program, and any contribution accumulated
 2511  under such program, are shall not be subject to assignment,
 2512  execution, or attachment or to any legal process whatsoever.
 2513         (f)(e) A participating member participant who chooses to
 2514  receive his or her benefits must be terminated for 3 calendar
 2515  months to be eligible to receive benefits funded by employer
 2516  contributions. The member upon termination as defined in s.
 2517  121.021 must notify the provider company of the date he or she
 2518  wishes benefits funded by required employer and employee
 2519  contributions to begin and must be terminated as defined in s.
 2520  121.021 after the initial benefit payment or distribution.
 2521  Benefits may be deferred until the member participant chooses to
 2522  make such application.
 2523         (g)(f) Benefits funded by the participating member’s
 2524  voluntary participant’s personal contributions may be paid out
 2525  at any time and in any form within the limits provided in the
 2526  contract between the member participant and the his or her
 2527  provider company. The member participant shall notify the
 2528  provider company regarding the date and provisions under which
 2529  he or she wants to receive the employee-funded portion of the
 2530  plan.
 2531         (h)(g) For purposes of this section, “retiree” means a
 2532  former participating member participant of the optional
 2533  retirement program who has terminated employment and has taken a
 2534  distribution as provided in this subsection, except for a
 2535  mandatory distribution of a de minimis account authorized by the
 2536  department.
 2537         Section 21. Section 121.355, Florida Statutes, is amended
 2538  to read:
 2539         121.355 Community College Optional Retirement Program and
 2540  State University System Optional Retirement Program member
 2541  transfer.—Effective January 1, 2009, through December 31, 2009,
 2542  an employee who is a former member of participant in the
 2543  Community College Optional Retirement Program or the State
 2544  University System Optional Retirement Program and present
 2545  mandatory member of participant in the Florida Retirement
 2546  System’s pension System defined benefit plan may receive service
 2547  credit equal to his or her years of service under the Community
 2548  College Optional Retirement Program or the State University
 2549  System Optional Retirement Program under the following
 2550  conditions:
 2551         (1) The cost for such credit must represent shall be an
 2552  amount representing the actuarial accrued liability for the
 2553  affected period of service. The cost shall be calculated using
 2554  the discount rate and other relevant actuarial assumptions that
 2555  were used to value the Florida Retirement System’s pension
 2556  System defined benefit plan liabilities in the most recent
 2557  actuarial valuation. The calculation must shall include any
 2558  service already maintained under the pension defined benefit
 2559  plan in addition to the years under the Community College
 2560  Optional Retirement Program or the State University System
 2561  Optional Retirement Program. The actuarial accrued liability of
 2562  any service already maintained under the pension defined benefit
 2563  plan shall be applied as a credit to total cost resulting from
 2564  the calculation. The division shall ensure that the transfer sum
 2565  is prepared using a formula and methodology certified by an
 2566  enrolled actuary.
 2567         (2) The employee must transfer from his or her Community
 2568  College Optional Retirement Program account or State University
 2569  System Optional Retirement Program account, subject to the terms
 2570  of the applicable optional retirement program contract, and from
 2571  other employee moneys as necessary, a sum representing the
 2572  actuarial accrued liability immediately following the time of
 2573  such movement, determined assuming that attained service equals
 2574  the sum of service in the pension plan defined benefit program
 2575  and service in the Community College Optional Retirement Program
 2576  or State University System Optional Retirement Program.
 2577         (3) The employee may not receive service credit for a
 2578  period of mandatory participation in the State University
 2579  Optional Retirement Program or for a period for which a
 2580  distribution was received from the Community College Optional
 2581  Retirement Program or State University System Optional
 2582  Retirement Program.
 2583         Section 22. Section 121.4501, Florida Statutes, is amended
 2584  to read:
 2585         121.4501 Florida Public Employee Optional Retirement System
 2586  Investment Plan Program.—
 2587         (1) The Trustees of the State Board of Administration shall
 2588  establish a an optional defined contribution retirement program
 2589  called the Florida Retirement System Investment Plan for members
 2590  of the Florida Retirement System under which retirement benefits
 2591  are will be provided for eligible employees initially employed
 2592  before July 1, 2011, who elect to enroll participate in the
 2593  plan. Enrollment is compulsory for members of the Elected
 2594  Officers’ Class and the Senior Management Class, who are
 2595  employed on or after July 1, 2011, except for those who are
 2596  eligible to and elect to enroll in an optional retirement
 2597  program established under s. 121.055(6), s. 121.35, or s.
 2598  1012.875, or those who qualify for special risk membership
 2599  pursuant to s. 121.0515 program. The retirement benefits to be
 2600  provided for or on behalf of participants in such optional
 2601  retirement program shall be provided through employee-directed
 2602  investments, in accordance with s. 401(a) of the Internal
 2603  Revenue Code and its related regulations. The Employers and
 2604  employees shall make contributions contribute, as provided in
 2605  this section and, ss. 121.571, and 121.71, to the Florida Public
 2606  Employee Optional Retirement System Investment Plan Program
 2607  Trust Fund toward the funding of such optional benefits.
 2608         (2) DEFINITIONS.—As used in this part, the term:
 2609         (a) “Approved provider” or “provider” means a private
 2610  sector company that is selected and approved by the state board
 2611  to offer one or more investment products or services to the
 2612  investment plan optional retirement program. The term includes a
 2613  bundled provider that offers plan members participants a range
 2614  of individually allocated or unallocated investment products and
 2615  may offer a range of administrative and customer services, which
 2616  may include accounting and administration of individual member
 2617  participant benefits and contributions; individual member
 2618  participant recordkeeping; asset purchase, control, and
 2619  safekeeping; direct execution of the member’s participant’s
 2620  instructions as to asset and contribution allocation;
 2621  calculation of daily net asset values; direct access to member
 2622  participant account information; periodic reporting to members
 2623  participants, at least quarterly, on account balances and
 2624  transactions; guidance, advice, and allocation services directly
 2625  relating to the provider’s own investment options or products,
 2626  but only if the bundled provider complies with the standard of
 2627  care of s. 404(a)(1)(A-B) of the Employee Retirement Income
 2628  Security Act of 1974 (ERISA) and if providing such guidance,
 2629  advice, or allocation services does not constitute a prohibited
 2630  transaction under s. 4975(c)(1) of the Internal Revenue Code or
 2631  s. 406 of ERISA, notwithstanding that such prohibited
 2632  transaction provisions do not apply to the optional retirement
 2633  program; a broad array of distribution options; asset
 2634  allocation; and retirement counseling and education. Private
 2635  sector companies include investment management companies,
 2636  insurance companies, depositories, and mutual fund companies.
 2637         (b) “Average monthly compensation” means one-twelfth of
 2638  average final compensation as defined in s. 121.021.
 2639         (c) “Covered employment” means employment in a regularly
 2640  established position as defined in s. 121.021.
 2641         (d) “Defined benefit program” means the defined benefit
 2642  program of the Florida Retirement System administered under part
 2643  I of this chapter.
 2644         (e) “Division” means the Division of Retirement within the
 2645  department.
 2646         (d)(f) “Electronic means” means by telephone, if the
 2647  required information is received on a recorded line, or through
 2648  Internet access, if the required information is captured online.
 2649         (g) “Eligible employee” means an officer or employee, as
 2650  defined in s. 121.021, who:
 2651         1. Is a member of, or is eligible for membership in, the
 2652  Florida Retirement System, including any renewed member of the
 2653  Florida Retirement System initially enrolled before July 1,
 2654  2010; or
 2655         2. Participates in, or is eligible to participate in, the
 2656  Senior Management Service Optional Annuity Program as
 2657  established under s. 121.055(6), the State Community College
 2658  System Optional Retirement Program as established under s.
 2659  121.051(2)(c), or the State University System Optional
 2660  Retirement Program established under s. 121.35.
 2661  
 2662  The term does not include any member participating in the
 2663  Deferred Retirement Option Program established under s.
 2664  121.091(13), a retiree of a state-administered retirement system
 2665  initially reemployed on or after July 1, 2010, or a mandatory
 2666  participant of the State University System Optional Retirement
 2667  Program established under s. 121.35.
 2668         (e)(h) “Employer” means an employer, as defined in s.
 2669  121.021, of an eligible employee.
 2670         (f) “Florida Retirement System Investment Plan” or
 2671  “investment plan” means the defined contribution program of the
 2672  Florida Retirement System established under this part.
 2673         (g) “Florida Retirement System Pension Plan” or pension
 2674  plan” means the defined benefit program of the Florida
 2675  Retirement System administered under part I of this chapter.
 2676         (i) “Optional retirement program” or “optional program”
 2677  means the Public Employee Optional Retirement Program
 2678  established under this part.
 2679         (h)(j)“Member” or “employee” “participant” means an
 2680  eligible employee who is enrolled enrolls in the investment plan
 2681  optional program as provided in subsection (4), or a terminated
 2682  Deferred Retirement Option Program member participant as
 2683  described in subsection (21), or a beneficiary or alternate
 2684  payee of a member or employee.
 2685         (i) “Member contributions” or “employee contributions” mean
 2686  the sum of all amounts deducted from the salary of a member by
 2687  his or her employer in accordance with s. 121.71(2) and credited
 2688  to his or her individual account in the investment plan, plus
 2689  any earnings on such amounts and any contributions specified in
 2690  paragraph (5)(e).
 2691         (j)(k) “Retiree” means a former member participant of the
 2692  investment plan optional retirement program who has terminated
 2693  employment and has taken a distribution of vested employer or
 2694  employee contributions as provided in s. 121.591, except for a
 2695  mandatory distribution of a de minimis account authorized by the
 2696  state board.
 2697         (k)(l) “Vested” or “vesting” means the guarantee that a
 2698  member participant is eligible to receive a retirement benefit
 2699  upon completion of the required years of service under the
 2700  investment plan optional retirement program.
 2701         (3) ELIGIBILITY; RETIREMENT SERVICE CREDIT; TRANSFER OF
 2702  BENEFITS.—
 2703         (a)Participation in the Public Employee Optional
 2704  Retirement Program is limited to eligible employees.
 2705  Participation in the optional retirement program is in lieu of
 2706  participation in the defined benefit program of the Florida
 2707  Retirement System.
 2708         (a)(b) An eligible employee who is employed in a regularly
 2709  established position by a state employer on June 1, 2002; by a
 2710  district school board employer on September 1, 2002; or by a
 2711  local employer on December 1, 2002, and who is a member of the
 2712  pension plan defined benefit retirement program of the Florida
 2713  Retirement System at the time of his or her election to enroll
 2714  participate in the investment plan Public Employee Optional
 2715  Retirement Program shall retain all retirement service credit
 2716  earned under the pension plan defined benefit retirement program
 2717  of the Florida Retirement System as credited under the Florida
 2718  Retirement System and is shall be entitled to a deferred benefit
 2719  upon termination, if eligible under the system. However,
 2720  election to enroll participate in the investment plan Public
 2721  Employee Optional Retirement Program terminates the active
 2722  membership of the employee in the pension plan defined benefit
 2723  program of the Florida Retirement System, and the service of a
 2724  member of participant in the investment plan is Public Employee
 2725  Optional Retirement Program shall not be creditable under the
 2726  pension plan defined benefit retirement program of the Florida
 2727  Retirement System for purposes of benefit accrual but is
 2728  creditable shall be credited for purposes of vesting.
 2729         (b)(c)1. Notwithstanding paragraph (a), an (b), each
 2730  eligible employee who elects to enroll participate in the
 2731  investment plan Public Employee Optional Retirement Program and
 2732  establishes one or more individual member participant accounts
 2733  under the optional program may elect to transfer to the
 2734  investment plan optional program a sum representing the present
 2735  value of the employee’s accumulated benefit obligation under the
 2736  pension plan defined benefit retirement program of the Florida
 2737  Retirement System. Upon such transfer, all service credit
 2738  previously earned under the pension plan is defined benefit
 2739  program of the Florida Retirement System shall be nullified for
 2740  purposes of entitlement to a future benefit under the pension
 2741  plan defined benefit program of the Florida Retirement System. A
 2742  member may not transfer participant is precluded from
 2743  transferring the accumulated benefit obligation balance from the
 2744  pension plan after the time defined benefit program upon the
 2745  expiration of the period for enrolling afforded to enroll in the
 2746  investment plan has expired optional program.
 2747         1.2. For purposes of this subsection, the present value of
 2748  the member’s accumulated benefit obligation is based upon the
 2749  member’s estimated creditable service and estimated average
 2750  final compensation under the pension plan defined benefit
 2751  program, subject to recomputation under subparagraph 2. 3. For
 2752  state employees enrolling under subparagraph (4)(a)1., initial
 2753  estimates shall will be based upon creditable service and
 2754  average final compensation as of midnight on June 30, 2002; for
 2755  district school board employees enrolling under subparagraph
 2756  (4)(b)1., initial estimates shall will be based upon creditable
 2757  service and average final compensation as of midnight on
 2758  September 30, 2002; and for local government employees enrolling
 2759  under subparagraph (4)(c)1., initial estimates shall will be
 2760  based upon creditable service and average final compensation as
 2761  of midnight on December 31, 2002. The dates respectively
 2762  specified are above shall be construed as the “estimate date”
 2763  for these employees. The actuarial present value of the
 2764  employee’s accumulated benefit obligation shall be based on the
 2765  following:
 2766         a. The discount rate and other relevant actuarial
 2767  assumptions used to value the Florida Retirement System Trust
 2768  Fund at the time the amount to be transferred is determined,
 2769  consistent with the factors provided in sub-subparagraphs b. and
 2770  c.
 2771         b. A benefit commencement age, based on the member’s
 2772  estimated creditable service as of the estimate date. The
 2773  benefit commencement age is shall be the younger of the
 2774  following, but may shall not be younger than the member’s age as
 2775  of the estimate date:
 2776         (I) Age 62; or
 2777         (II) The age the member would attain if the member
 2778  completed 30 years of service with an employer, assuming the
 2779  member worked continuously from the estimate date, and
 2780  disregarding any vesting requirement that would otherwise apply
 2781  under the pension plan defined benefit program of the Florida
 2782  Retirement System.
 2783         c. For members of the Special Risk Class, and for members
 2784  of the Special Risk Administrative Support Class entitled to
 2785  retain the special risk normal retirement date, the benefit
 2786  commencement age is shall be the younger of the following, but
 2787  may shall not be younger than the member’s age as of the
 2788  estimate date:
 2789         (I) Age 55 or, for members enrolled on or after July 1,
 2790  2011, age 62; or
 2791         (II) The age the member would attain if the member
 2792  completed 25 years of service with an employer, or, for members
 2793  enrolled on or after July 1, 2011, 30 years of service with an
 2794  employer, assuming the member worked continuously from the
 2795  estimate date, and disregarding any vesting requirement that
 2796  would otherwise apply under the pension plan defined benefit
 2797  program of the Florida Retirement System.
 2798         d. The calculation must shall disregard vesting
 2799  requirements and early retirement reduction factors that would
 2800  otherwise apply under the pension plan defined benefit
 2801  retirement program.
 2802         2.3. For each member participant who elects to transfer
 2803  moneys from the pension plan defined benefit program to his or
 2804  her account in the investment plan optional program, the
 2805  division shall recompute the amount transferred under
 2806  subparagraph 1. within 2. not later than 60 days after the
 2807  actual transfer of funds based upon the member’s participant’s
 2808  actual creditable service and actual final average compensation
 2809  as of the initial date of participation in the investment plan
 2810  optional program. If the recomputed amount differs from the
 2811  amount transferred under subparagraph 2. by $10 or more, the
 2812  division shall:
 2813         a. Transfer, or cause to be transferred, from the Florida
 2814  Retirement System Trust Fund to the member’s participant’s
 2815  account in the optional program the excess, if any, of the
 2816  recomputed amount over the previously transferred amount
 2817  together with interest from the initial date of transfer to the
 2818  date of transfer under this subparagraph, based upon the
 2819  effective annual interest equal to the assumed return on the
 2820  actuarial investment which was used in the most recent actuarial
 2821  valuation of the system, compounded annually.
 2822         b. Transfer, or cause to be transferred, from the member’s
 2823  participant’s account to the Florida Retirement System Trust
 2824  Fund the excess, if any, of the previously transferred amount
 2825  over the recomputed amount, together with interest from the
 2826  initial date of transfer to the date of transfer under this
 2827  subparagraph, based upon 6 percent effective annual interest,
 2828  compounded annually, pro rata based on the member’s
 2829  participant’s allocation plan.
 2830         3.If contribution adjustments are made as a result of
 2831  employer errors or corrections, including plan corrections,
 2832  following recomputation of the amount transferred under
 2833  subparagraph 1., the member is entitled to the additional
 2834  contributions or is responsible for returning any excess
 2835  contributions resulting from the correction. However, the return
 2836  of such erroneous excess pretax contribution by the plan must be
 2837  made within the period allowed by the Internal Revenue Service.
 2838  The present value of the member’s accumulated benefit obligation
 2839  may not be recalculated.
 2840         4. As directed by the member participant, the state board
 2841  shall transfer or cause to be transferred the appropriate
 2842  amounts to the designated accounts within. The board shall
 2843  establish transfer procedures by rule, but the actual transfer
 2844  shall not be later than 30 days after the effective date of the
 2845  member’s participation in the investment plan optional program
 2846  unless the major financial markets for securities available for
 2847  a transfer are seriously disrupted by an unforeseen event that
 2848  which also causes the suspension of trading on any national
 2849  securities exchange in the country where the securities are were
 2850  issued. In that event, the such 30-day period of time may be
 2851  extended by a resolution of the state board trustees. Transfers
 2852  are not commissionable or subject to other fees and may be in
 2853  the form of securities or cash, as determined by the state
 2854  board. Such securities are shall be valued as of the date of
 2855  receipt in the member’s participant’s account.
 2856         5. If the state board or the division receives notification
 2857  from the United States Internal Revenue Service that this
 2858  paragraph or any portion of this paragraph will cause the
 2859  retirement system, or a portion thereof, to be disqualified for
 2860  tax purposes under the Internal Revenue Code, then the portion
 2861  that will cause the disqualification does not apply. Upon such
 2862  notice, the state board and the division shall notify the
 2863  presiding officers of the Legislature.
 2864         (4) PARTICIPATION; ENROLLMENT.—
 2865         (a)1.Between June 1, 2001, and February 28, 2003, eligible
 2866  employees were provided a 90-day period to elect membership in
 2867  the investment plan. An employee who failed to elect the
 2868  investment plan during the election period remained in the
 2869  pension plan. An eligible employee who was employed in a
 2870  regularly established position during the election period was
 2871  also provided one opportunity to change plans, as provided under
 2872  paragraph (e). With respect to an eligible employee who did not
 2873  participate in the initial election period and an eligible
 2874  employee who is initially employed in a regularly established
 2875  position after the close of the initial election period but
 2876  before June 30, 2011, the on June 1, 2002, by a state employer:
 2877         a.Any such employee may elect to participate in the Public
 2878  Employee Optional Retirement Program in lieu of retaining his or
 2879  her membership in the defined benefit program of the Florida
 2880  Retirement System. The election must be made in writing or by
 2881  electronic means and must be filed with the third-party
 2882  administrator by August 31, 2002, or, in the case of an active
 2883  employee who is on a leave of absence on April 1, 2002, by the
 2884  last business day of the 5th month following the month the leave
 2885  of absence concludes. This election is irrevocable, except as
 2886  provided in paragraph (e). Upon making such election, the
 2887  employee shall be enrolled as a participant of the Public
 2888  Employee Optional Retirement Program, the employee’s membership
 2889  in the Florida Retirement System shall be governed by the
 2890  provisions of this part, and the employee’s membership in the
 2891  defined benefit program of the Florida Retirement System shall
 2892  terminate. The employee’s enrollment in the Public Employee
 2893  Optional Retirement Program shall be effective the first day of
 2894  the month for which a full month’s employer contribution is made
 2895  to the optional program.
 2896         b.Any such employee who fails to elect to participate in
 2897  the Public Employee Optional Retirement Program within the
 2898  prescribed time period is deemed to have elected to retain
 2899  membership in the defined benefit program of the Florida
 2900  Retirement System, and the employee’s option to elect to
 2901  participate in the optional program is forfeited.
 2902         2.With respect to employees who become eligible to
 2903  participate in the Public Employee Optional Retirement Program
 2904  by reason of employment in a regularly established position with
 2905  a state employer commencing after April 1, 2002:
 2906         a.Any such employee shall, by default, be enrolled in the
 2907  pension plan defined benefit retirement program of the Florida
 2908  Retirement System at the commencement of employment, and may, by
 2909  the last business day of the 5th month following the employee’s
 2910  month of hire, elect to enroll participate in the investment
 2911  plan Public Employee Optional Retirement Program. The employee’s
 2912  election must be made in writing or by electronic means and must
 2913  be filed with the third-party administrator. The election to
 2914  enroll participate in the investment plan optional program is
 2915  irrevocable, except as provided in paragraph (e).
 2916         1.b. If the employee files such election within the
 2917  prescribed time period, enrollment in the investment plan is
 2918  optional program shall be effective on the first day of
 2919  employment. The employer and employee retirement contributions
 2920  paid through the month of the employee plan change shall be
 2921  transferred to the investment plan optional program, and,
 2922  effective the first day of the next month, the employer and
 2923  employee must shall pay the applicable contributions based on
 2924  the employee membership class in the plan optional program.
 2925         2.c.An Any such employee who fails to elect to enroll
 2926  participate in the investment plan Public Employee Optional
 2927  Retirement Program within the prescribed time period is deemed
 2928  to have elected to retain membership in the pension plan defined
 2929  benefit program of the Florida Retirement System, and the
 2930  employee’s option to elect to enroll participate in the
 2931  investment plan optional program is forfeited.
 2932         3. With respect to employees who become eligible to enroll
 2933  participate in the investment plan Public Employee Optional
 2934  Retirement Program pursuant to s. 121.051(2)(c)3. or s.
 2935  121.35(3)(i), the any such employee may elect to enroll
 2936  participate in the investment plan Public Employee Optional
 2937  Retirement Program in lieu of retaining his or her participation
 2938  in the State Community College System Optional Retirement
 2939  Program or the State University System Optional Retirement
 2940  Program. The election must be made in writing or by electronic
 2941  means and must be filed with the third-party administrator. This
 2942  election is irrevocable, except as provided in paragraph (e).
 2943  Upon making such election, the employee shall be enrolled in as
 2944  a participant of the investment plan Public Employee Optional
 2945  Retirement Program, the employee’s membership in the Florida
 2946  Retirement System shall be governed by the provisions of this
 2947  part, and the employee’s participation in the State Community
 2948  College System Optional Retirement Program or the State
 2949  University System Optional Retirement Program shall terminate.
 2950  The employee’s enrollment in the investment plan is Public
 2951  Employee Optional Retirement Program shall be effective on the
 2952  first day of the month for which a full month’s of employee
 2953  contributions are employer contribution is made to the
 2954  investment plan optional program.
 2955         4.For purposes of this paragraph, “state employer” means
 2956  any agency, board, branch, commission, community college,
 2957  department, institution, institution of higher education, or
 2958  water management district of the state, which participates in
 2959  the Florida Retirement System for the benefit of certain
 2960  employees.
 2961         (b)1.With respect to an eligible employee who is employed
 2962  in a regularly established position on September 1, 2002, by a
 2963  district school board employer:
 2964         a.Any such employee may elect to participate in the Public
 2965  Employee Optional Retirement Program in lieu of retaining his or
 2966  her membership in the defined benefit program of the Florida
 2967  Retirement System. The election must be made in writing or by
 2968  electronic means and must be filed with the third-party
 2969  administrator by November 30, or, in the case of an active
 2970  employee who is on a leave of absence on July 1, 2002, by the
 2971  last business day of the 5th month following the month the leave
 2972  of absence concludes. This election is irrevocable, except as
 2973  provided in paragraph (e). Upon making such election, the
 2974  employee shall be enrolled as a participant of the Public
 2975  Employee Optional Retirement Program, the employee’s membership
 2976  in the Florida Retirement System shall be governed by the
 2977  provisions of this part, and the employee’s membership in the
 2978  defined benefit program of the Florida Retirement System shall
 2979  terminate. The employee’s enrollment in the Public Employee
 2980  Optional Retirement Program shall be effective the first day of
 2981  the month for which a full month’s employer contribution is made
 2982  to the optional program.
 2983         b.Any such employee who fails to elect to participate in
 2984  the Public Employee Optional Retirement Program within the
 2985  prescribed time period is deemed to have elected to retain
 2986  membership in the defined benefit program of the Florida
 2987  Retirement System, and the employee’s option to elect to
 2988  participate in the optional program is forfeited.
 2989         2.With respect to employees who become eligible to
 2990  participate in the Public Employee Optional Retirement Program
 2991  by reason of employment in a regularly established position with
 2992  a district school board employer commencing after July 1, 2002:
 2993         a.Any such employee shall, by default, be enrolled in the
 2994  defined benefit retirement program of the Florida Retirement
 2995  System at the commencement of employment, and may, by the last
 2996  business day of the 5th month following the employee’s month of
 2997  hire, elect to participate in the Public Employee Optional
 2998  Retirement Program. The employee’s election must be made in
 2999  writing or by electronic means and must be filed with the third
 3000  party administrator. The election to participate in the optional
 3001  program is irrevocable, except as provided in paragraph (e).
 3002         b.If the employee files such election within the
 3003  prescribed time period, enrollment in the optional program shall
 3004  be effective on the first day of employment. The employer
 3005  retirement contributions paid through the month of the employee
 3006  plan change shall be transferred to the optional program, and,
 3007  effective the first day of the next month, the employer shall
 3008  pay the applicable contributions based on the employee
 3009  membership class in the optional program.
 3010         c.Any such employee who fails to elect to participate in
 3011  the Public Employee Optional Retirement Program within the
 3012  prescribed time period is deemed to have elected to retain
 3013  membership in the defined benefit program of the Florida
 3014  Retirement System, and the employee’s option to elect to
 3015  participate in the optional program is forfeited.
 3016         3.For purposes of this paragraph, “district school board
 3017  employer means any district school board that participates in
 3018  the Florida Retirement System for the benefit of certain
 3019  employees, or a charter school or charter technical career
 3020  center that participates in the Florida Retirement System as
 3021  provided in s. 121.051(2)(d).
 3022         (c)1.With respect to an eligible employee who is employed
 3023  in a regularly established position on December 1, 2002, by a
 3024  local employer:
 3025         a.Any such employee may elect to participate in the Public
 3026  Employee Optional Retirement Program in lieu of retaining his or
 3027  her membership in the defined benefit program of the Florida
 3028  Retirement System. The election must be made in writing or by
 3029  electronic means and must be filed with the third-party
 3030  administrator by February 28, 2003, or, in the case of an active
 3031  employee who is on a leave of absence on October 1, 2002, by the
 3032  last business day of the 5th month following the month the leave
 3033  of absence concludes. This election is irrevocable, except as
 3034  provided in paragraph (e). Upon making such election, the
 3035  employee shall be enrolled as a participant of the Public
 3036  Employee Optional Retirement Program, the employee’s membership
 3037  in the Florida Retirement System shall be governed by the
 3038  provisions of this part, and the employee’s membership in the
 3039  defined benefit program of the Florida Retirement System shall
 3040  terminate. The employee’s enrollment in the Public Employee
 3041  Optional Retirement Program shall be effective the first day of
 3042  the month for which a full month’s employer contribution is made
 3043  to the optional program.
 3044         b.Any such employee who fails to elect to participate in
 3045  the Public Employee Optional Retirement Program within the
 3046  prescribed time period is deemed to have elected to retain
 3047  membership in the defined benefit program of the Florida
 3048  Retirement System, and the employee’s option to elect to
 3049  participate in the optional program is forfeited.
 3050         2.With respect to employees who become eligible to
 3051  participate in the Public Employee Optional Retirement Program
 3052  by reason of employment in a regularly established position with
 3053  a local employer commencing after October 1, 2002:
 3054         a.Any such employee shall, by default, be enrolled in the
 3055  defined benefit retirement program of the Florida Retirement
 3056  System at the commencement of employment, and may, by the last
 3057  business day of the 5th month following the employee’s month of
 3058  hire, elect to participate in the Public Employee Optional
 3059  Retirement Program. The employee’s election must be made in
 3060  writing or by electronic means and must be filed with the third
 3061  party administrator. The election to participate in the optional
 3062  program is irrevocable, except as provided in paragraph (e).
 3063         b.If the employee files such election within the
 3064  prescribed time period, enrollment in the optional program shall
 3065  be effective on the first day of employment. The employer
 3066  retirement contributions paid through the month of the employee
 3067  plan change shall be transferred to the optional program, and,
 3068  effective the first day of the next month, the employer shall
 3069  pay the applicable contributions based on the employee
 3070  membership class in the optional program.
 3071         c.Any such employee who fails to elect to participate in
 3072  the Public Employee Optional Retirement Program within the
 3073  prescribed time period is deemed to have elected to retain
 3074  membership in the defined benefit program of the Florida
 3075  Retirement System, and the employee’s option to elect to
 3076  participate in the optional program is forfeited.
 3077         3.For purposes of this paragraph, “local employer means
 3078  any employer not included in paragraph (a) or paragraph (b).
 3079         (b)(d) Contributions available for self-direction by a
 3080  member participant who has not selected one or more specific
 3081  investment products shall be allocated as prescribed by the
 3082  state board. The third-party administrator shall notify the
 3083  member any such participant at least quarterly that the member
 3084  participant should take an affirmative action to make an asset
 3085  allocation among the investment plan optional program products.
 3086         (c) On or after July 1, 2011, a member of the pension plan
 3087  who obtains a refund of employee contributions retains his or
 3088  her prior plan choice upon return to employment in a regularly
 3089  established position with a participating employer.
 3090         (d) A member of the investment plan who takes a
 3091  distribution of any contributions from his investment plan
 3092  account is considered a retiree. Upon reemployment in a
 3093  regularly established position with a participating employer,
 3094  the member returns as a new hire and, if applicable, may
 3095  participate in the Florida Retirement System.
 3096         (e) After the period during which an eligible employee had
 3097  the choice to elect the pension plan defined benefit program or
 3098  the investment plan optional retirement program, or the month
 3099  following the receipt of the eligible employee’s plan election,
 3100  if sooner, the employee shall have one opportunity, at the
 3101  employee’s discretion, to choose to move from the pension plan
 3102  defined benefit program to the investment plan optional
 3103  retirement program or from the investment plan optional
 3104  retirement program to the pension plan defined benefit program.
 3105  Eligible employees may elect to move between Florida Retirement
 3106  System programs only if they are earning service credit in an
 3107  employer-employee relationship consistent with s.
 3108  121.021(17)(b), excluding leaves of absence without pay.
 3109  Effective July 1, 2005, such elections are effective on the
 3110  first day of the month following the receipt of the election by
 3111  the third-party administrator and are not subject to the
 3112  requirements regarding an employer-employee relationship or
 3113  receipt of contributions for the eligible employee in the
 3114  effective month, except when the election is received by the
 3115  third-party administrator. This paragraph is contingent upon
 3116  receiving approval from the Internal Revenue Service to include
 3117  for including the choice described herein within the programs
 3118  offered by the Florida Retirement System.
 3119         1. If the employee chooses to move to the investment plan
 3120  optional retirement program, the applicable provisions of
 3121  subsection (3) this section shall govern the transfer.
 3122         2. If the employee chooses to move to the pension plan
 3123  defined benefit program, the employee must transfer from his or
 3124  her investment plan optional retirement program account, and
 3125  from other employee moneys as necessary, a sum representing the
 3126  present value of that employee’s accumulated benefit obligation
 3127  immediately following the time of such movement, determined
 3128  assuming that attained service equals the sum of service in the
 3129  pension plan defined benefit program and service in the
 3130  investment plan optional retirement program. Benefit
 3131  commencement occurs on the first date the employee is eligible
 3132  for unreduced benefits, using the discount rate and other
 3133  relevant actuarial assumptions that were used to value the
 3134  pension defined benefit plan liabilities in the most recent
 3135  actuarial valuation. For any employee who, at the time of the
 3136  second election, already maintains an accrued benefit amount in
 3137  the pension plan defined benefit program, the then-present value
 3138  of the accrued benefit shall be deemed part of the required
 3139  transfer amount. The division shall ensure that the transfer sum
 3140  is prepared using a formula and methodology certified by an
 3141  enrolled actuary. A refund of any employee contributions or
 3142  additional member payments made which exceed the employee
 3143  contributions that would have accrued had the member remained in
 3144  the pension plan and not transferred to the investment plan is
 3145  not permitted.
 3146         3. Notwithstanding subparagraph 2., an employee who chooses
 3147  to move to the pension plan defined benefit program and who
 3148  became eligible to participate in the optional retirement
 3149  program by reason of employment in a regularly established
 3150  position with a state employer after June 1, 2002; a district
 3151  school board employer after September 1, 2002; or a local
 3152  employer after December 1, 2002, must transfer from his or her
 3153  investment plan optional retirement program account, and from
 3154  other employee moneys as necessary, a sum representing the
 3155  employee’s actuarial accrued liability. A refund of any employee
 3156  contributions or additional participant payments made which
 3157  exceed the employee contributions that would have accrued had
 3158  the member remained in the pension plan and not transferred to
 3159  the investment plan is not permitted.
 3160         4. An employee’s ability to transfer from the pension plan
 3161  defined benefit program to the investment plan optional
 3162  retirement program pursuant to paragraphs (a) and (b) (a)-(d),
 3163  and the ability of a current employee to have an option to later
 3164  transfer back into the pension plan defined benefit program
 3165  under subparagraph 2., shall be deemed a significant system
 3166  amendment. Pursuant to s. 121.031(4), any resulting unfunded
 3167  liability arising from actual original transfers from the
 3168  pension plan defined benefit program to the investment plan
 3169  optional program must be amortized within 30 plan years as a
 3170  separate unfunded actuarial base independent of the reserve
 3171  stabilization mechanism defined in s. 121.031(3)(f). For the
 3172  first 25 years, a direct amortization payment may not be
 3173  calculated for this base. During this 25-year period, the
 3174  separate base shall be used to offset the impact of employees
 3175  exercising their second program election under this paragraph.
 3176  It is the intent of the Legislature that the actuarial funded
 3177  status of the pension plan defined benefit program not be
 3178  affected by such second program elections in any significant
 3179  manner, after due recognition of the separate unfunded actuarial
 3180  base. Following the initial 25-year period, any remaining
 3181  balance of the original separate base shall be amortized over
 3182  the remaining 5 years of the required 30-year amortization
 3183  period.
 3184         5. If the employee chooses to transfer from the investment
 3185  plan optional retirement program to the pension plan defined
 3186  benefit program and retains an excess account balance in the
 3187  investment plan optional program after satisfying the buy-in
 3188  requirements under this paragraph, the excess may not be
 3189  distributed until the member retires from the pension plan
 3190  defined benefit program. The excess account balance may be
 3191  rolled over to the pension plan defined benefit program and used
 3192  to purchase service credit or upgrade creditable service in that
 3193  program.
 3194         (f) On or after July 1, 2011, a member of the pension plan
 3195  who obtains a refund of employee contributions retains his or
 3196  her prior plan choice upon return to employment in a regularly
 3197  established position with a participating employer.
 3198         (g) A member of the investment plan who takes a
 3199  distribution of any contributions from his or her investment
 3200  plan account is considered a retiree. Upon reemployment in a
 3201  regularly established position with a participating employer,
 3202  the member returns as a new hire and, if applicable, may
 3203  participate in the Florida Retirement System.
 3204         (5) CONTRIBUTIONS.—
 3205         (a) The Each employer and employee shall make the required
 3206  contributions to the investment plan based on a percentage of
 3207  the employee’s gross monthly compensation contribute on behalf
 3208  of each participant in the Public Employee optional retirement
 3209  Program, as provided in part III of this chapter.
 3210         (b) Employee contributions shall be paid on a pretax basis,
 3211  as provided in s. 121.71(2).
 3212         (c) The state board, acting as plan fiduciary, shall ensure
 3213  that all plan assets are held in a trust, pursuant to s. 401 of
 3214  the Internal Revenue Code. The fiduciary shall ensure that said
 3215  contributions are allocated as follows:
 3216         1. The employer and employee portion earmarked for member
 3217  participant accounts shall be used to purchase interests in the
 3218  appropriate investment vehicles for the accounts of each
 3219  participant as specified by the member participant, or in
 3220  accordance with paragraph (4)(b) (4)(d).
 3221         2. The employer portion earmarked for administrative and
 3222  educational expenses shall be transferred to the state board.
 3223         3. The employer portion earmarked for disability benefits
 3224  shall be transferred to the department.
 3225         (d)(b)The third-party administrator is Employers are
 3226  responsible for monitoring and notifying employers of the
 3227  participants regarding maximum contribution levels allowed for
 3228  members permitted under the Internal Revenue Code. If a member
 3229  participant contributes to any other tax-deferred plan, the
 3230  member he or she is responsible for ensuring that total
 3231  contributions made to the investment plan optional program and
 3232  to any other such plan do not exceed federally permitted
 3233  maximums.
 3234         (e)(c) The investment plan Public Employee Optional
 3235  Retirement Program may accept for deposit into member
 3236  participant accounts contributions in the form of rollovers or
 3237  direct trustee-to-trustee transfers by or on behalf of members
 3238  participants, reasonably determined by the state board to be
 3239  eligible for rollover or transfer to the investment plan
 3240  optional retirement program pursuant to the Internal Revenue
 3241  Code, if such contributions are made in accordance with rules as
 3242  may be adopted by the board. Such contributions must shall be
 3243  accounted for in accordance with any applicable Internal Revenue
 3244  Code requirements and rules of the state board.
 3245         (6) VESTING REQUIREMENTS.—
 3246         (a) A member is fully and immediately vested in all
 3247  employee contributions paid to the investment plan as provided
 3248  in s. 121.72(2), plus interest and earnings thereon and less
 3249  investment fees and administrative charges.
 3250         (b)(a)1. With respect to employer contributions paid on
 3251  behalf of a member of the participant to the investment plan
 3252  optional retirement program, plus interest and earnings thereon
 3253  and less investment fees and administrative charges, a member
 3254  who voluntarily elected to enroll in the investment plan before
 3255  July 1, 2011, or an eligible employee initially enrolled in the
 3256  Florida Retirement System before July 1, 2011, who has the
 3257  option to voluntarily elect to enroll in the investment plan,
 3258  participant is vested after completing 1 work year with an
 3259  employer, including any service while the employee participant
 3260  was a member of the pension plan defined benefit program or an
 3261  optional retirement program authorized under s. 121.051(2)(c),
 3262  or s. 121.055(6), or s. 121.35.
 3263         2.With respect to employer contributions paid on behalf of
 3264  the member of the investment plan, plus interest and earnings
 3265  thereon and less investment fees and administrative charges, an
 3266  employee initially enrolled in the Florida Retirement System on
 3267  or after July 1, 2011, is vested according to the following
 3268  schedule:
 3269         a. Upon completion of 1 year of service.................20%
 3270         b. Upon completion of 2 years of service................40%
 3271         c. Upon completion of 3 years of service................60%
 3272         d. Upon completion of 4 years of service................80%
 3273         e. Upon completion of 5 or more years of service.......100%
 3274  
 3275  Years of service includes any service completed while the
 3276  employee was a member of the pension plan or an optional
 3277  retirement program authorized under s. 121.051(2)(c), s.
 3278  121.055(6), or s. 121.35.
 3279         3.2. If the member participant terminates employment before
 3280  satisfying the vesting requirements, the nonvested accumulation
 3281  must be transferred from the member’s participant’s accounts to
 3282  the state board for deposit and investment by the state board in
 3283  the suspense account created within the Florida Public Employee
 3284  Optional Retirement System Investment Plan Program Trust Fund.
 3285  If the terminated member participant is reemployed as an
 3286  eligible employee within 5 years, the state board shall transfer
 3287  to the member’s participant’s account any amount previously
 3288  transferred from the member’s participant’s accounts to the
 3289  suspense account, plus actual earnings on such amount while in
 3290  the suspense account.
 3291         (c)(b)1. With respect to amounts contributed by an employer
 3292  and transferred from the pension plan defined benefit program to
 3293  the investment plan program, plus interest and earnings, and
 3294  less investment fees and administrative charges, a member
 3295  participant shall be vested in the amount transferred upon
 3296  meeting the service requirements for the member’s participant’s
 3297  membership class as set forth in s. 121.021(29). The third-party
 3298  administrator shall account for such amounts for each member
 3299  participant. The division shall notify the member participant
 3300  and the third-party administrator when the member participant
 3301  has satisfied the vesting period for Florida Retirement System
 3302  purposes.
 3303         2. If the member participant terminates employment before
 3304  satisfying the vesting requirements, the nonvested employer
 3305  accumulation must be transferred from the member’s participant’s
 3306  accounts to the state board for deposit and investment by the
 3307  state board in the suspense account created within the Florida
 3308  Public Employee Optional Retirement System Investment Plan
 3309  Program Trust Fund. If the terminated member participant is
 3310  reemployed as an eligible employee within 5 years, the state
 3311  board shall transfer to the member’s participant’s account any
 3312  amount previously transferred from the member’s participant’s
 3313  accounts to the suspense account, plus the actual earnings on
 3314  such amount while in the suspense account.
 3315         (d)(c) Any nonvested accumulations transferred from a
 3316  member’s participant’s account to the state board’s suspense
 3317  account, including any accompanying service credit, shall be
 3318  forfeited by the member participant if the member participant is
 3319  not reemployed as an eligible employee within 5 years after
 3320  termination.
 3321         (e) If the member elects to receive any of his or her
 3322  vested employer or employee contributions upon termination of
 3323  employment as defined in s. 121.021, except for a mandatory
 3324  distribution of a de minimis account authorized by the state
 3325  board or a minimum required distribution provided by s.
 3326  401(a)(9) of the Internal Revenue Code, the employee shall
 3327  forfeit all nonvested employer contributions and accompanying
 3328  service credit paid on behalf of the employee to the investment
 3329  plan.
 3330         (7) BENEFITS.—Under the investment plan the normal
 3331  retirement date is the date on which a member attains age 62 or
 3332  completes 5 years of service, whichever occurs later. Plan
 3333  benefits must Public Employee Optional Retirement program:
 3334         (a) Benefits shall Be provided in accordance with s. 401(a)
 3335  of the Internal Revenue Code.
 3336         (b) Benefits shall Accrue in individual accounts that are
 3337  member-directed participant-directed, portable, and funded by
 3338  employer and employee contributions and earnings thereon.
 3339         (c) Benefits shall Be payable in accordance with the
 3340  provisions of s. 121.591.
 3341         (8) ADMINISTRATION OF PLAN PROGRAM.—
 3342         (a) The investment plan optional retirement program shall
 3343  be administered by the state board and affected employers. The
 3344  state board may require oaths, by affidavit or otherwise, and
 3345  acknowledgments from persons in connection with the
 3346  administration of its statutory duties and responsibilities for
 3347  the plan this program. An oath, by affidavit or otherwise, may
 3348  not be required of an employee participant at the time of
 3349  enrollment. For members enrolled before July 1, 2011,
 3350  acknowledgment of an employee’s election to enroll participate
 3351  in the plan may program shall be no greater than necessary to
 3352  confirm the employee’s election. The state board shall adopt
 3353  rules to carry out its statutory duties with respect to
 3354  administering the investment plan optional retirement program,
 3355  including establishing the roles and responsibilities of
 3356  affected state, local government, and education-related
 3357  employers, the state board, the department, and third-party
 3358  contractors. The department shall adopt rules necessary to
 3359  administer the investment plan optional program in coordination
 3360  with the pension plan defined benefit program and the disability
 3361  benefits available under the investment plan optional program.
 3362         (a)(b)1. The state board shall select and contract with a
 3363  one third-party administrator to provide administrative services
 3364  if those services cannot be competitively and contractually
 3365  provided by the division of Retirement within the Department of
 3366  Management Services. With the approval of the state board, the
 3367  third-party administrator may subcontract with other
 3368  organizations or individuals to provide components of the
 3369  administrative services. As a cost of administration, the state
 3370  board may compensate any such contractor for its services, in
 3371  accordance with the terms of the contract, as is deemed
 3372  necessary or proper by the board. The third-party administrator
 3373  may not be an approved provider or be affiliated with an
 3374  approved provider.
 3375         2. These administrative services may include, but are not
 3376  limited to, enrollment of eligible employees, collection of
 3377  employer and employee contributions, disbursement of such
 3378  contributions to approved providers in accordance with the
 3379  allocation directions of members participants; services relating
 3380  to consolidated billing; individual and collective recordkeeping
 3381  and accounting; asset purchase, control, and safekeeping; and
 3382  direct disbursement of funds to and from the third-party
 3383  administrator, the division, the state board, employers, plan
 3384  members participants, approved providers, and beneficiaries.
 3385  This section does not prevent or prohibit a bundled provider
 3386  from providing any administrative or customer service, including
 3387  accounting and administration of individual member participant
 3388  benefits and contributions; individual member participant
 3389  recordkeeping; asset purchase, control, and safekeeping; direct
 3390  execution of the member’s participant’s instructions as to asset
 3391  and contribution allocation; calculation of daily net asset
 3392  values; direct access to member participant account information;
 3393  or periodic reporting to members participants, at least
 3394  quarterly, on account balances and transactions, if these
 3395  services are authorized by the state board as part of the
 3396  contract.
 3397         (b)1.3. The state board shall select and contract with one
 3398  or more organizations to provide educational services. With
 3399  approval of the state board, the organizations may subcontract
 3400  with other organizations or individuals to provide components of
 3401  the educational services. As a cost of administration, the state
 3402  board may compensate any such contractor for its services in
 3403  accordance with the terms of the contract, as is deemed
 3404  necessary or proper by the board. The education organization may
 3405  not be an approved provider or be affiliated with an approved
 3406  provider.
 3407         2.4. Educational services shall be designed by the state
 3408  board and department to assist employers, eligible employees,
 3409  members participants, and beneficiaries in order to maintain
 3410  compliance with United States Department of Labor regulations
 3411  under s. 404(c) of the Employee Retirement Income Security Act
 3412  of 1974, and to assist employees in understanding their choice
 3413  of defined benefit or defined contribution retirement program,
 3414  and, if applicable, the choice between the pension plan and the
 3415  investment plan alternatives. Educational services include, but
 3416  are not limited to, disseminating educational materials;
 3417  providing retirement planning education; explaining the pension
 3418  differences between the defined benefit retirement plan and the
 3419  investment defined contribution retirement plan; and offering
 3420  financial planning guidance on matters such as investment
 3421  diversification, investment risks, investment costs, and asset
 3422  allocation. An approved provider may also provide educational
 3423  information, including retirement planning and investment
 3424  allocation information concerning its products and services.
 3425         (c)1. In evaluating and selecting a third-party
 3426  administrator, the state board shall establish criteria for
 3427  evaluating under which it shall consider the relative
 3428  capabilities and qualifications of each proposed administrator.
 3429  In developing such criteria, the state board shall consider:
 3430         a. The administrator’s demonstrated experience in providing
 3431  administrative services to public or private sector retirement
 3432  systems.
 3433         b. The administrator’s demonstrated experience in providing
 3434  daily valued recordkeeping for investment to defined
 3435  contribution plans.
 3436         c. The administrator’s ability and willingness to
 3437  coordinate its activities with the Florida Retirement System
 3438  employers, the state board, and the division, and to supply to
 3439  such employers, the board, and the division the information and
 3440  data they require, including, but not limited to, monthly
 3441  management reports, quarterly member participant reports, and ad
 3442  hoc reports requested by the department or state board.
 3443         d. The cost-effectiveness and levels of the administrative
 3444  services provided.
 3445         e. The administrator’s ability to interact with the members
 3446  participants, the employers, the state board, the division, and
 3447  the providers; the means by which members participants may
 3448  access account information, direct investment of contributions,
 3449  make changes to their accounts, transfer moneys between
 3450  available investment vehicles, and transfer moneys between
 3451  investment products; and any fees that apply to such activities.
 3452         f. Any other factor deemed necessary by the Trustees of the
 3453  state board of Administration.
 3454         2. In evaluating and selecting an educational provider, the
 3455  state board shall establish criteria under which it shall
 3456  consider the relative capabilities and qualifications of each
 3457  proposed educational provider. In developing such criteria, the
 3458  board shall consider:
 3459         a. Demonstrated experience in providing educational
 3460  services to public or private sector retirement systems.
 3461         b. Ability and willingness to coordinate its activities
 3462  with the Florida Retirement System employers, the state board,
 3463  and the division, and to supply to such employers, the board,
 3464  and the division the information and data they require,
 3465  including, but not limited to, reports on educational contacts.
 3466         c. The cost-effectiveness and levels of the educational
 3467  services provided.
 3468         d. Ability to provide educational services via different
 3469  media, including, but not limited to, the Internet, personal
 3470  contact, seminars, brochures, and newsletters.
 3471         e. Any other factor deemed necessary by the Trustees of the
 3472  state board of Administration.
 3473         3. The establishment of the criteria shall be solely within
 3474  the discretion of the state board.
 3475         (d) The state board shall develop the form and content of
 3476  any contracts to be offered under the investment plan Public
 3477  Employee Optional Retirement Program. In developing the its
 3478  contracts, the state board shall must consider:
 3479         1. The nature and extent of the rights and benefits to be
 3480  afforded in relation to the required contributions required
 3481  under the plan program.
 3482         2. The suitability of the rights and benefits provided to
 3483  be afforded and the interests of employers in the recruitment
 3484  and retention of eligible employees.
 3485         (e)1. The state board may contract with any consultant for
 3486  professional services, including legal, consulting, accounting,
 3487  and actuarial services, deemed necessary to implement and
 3488  administer the investment plan optional program by the Trustees
 3489  of the state board of Administration. The state board may enter
 3490  into a contract with one or more vendors to provide low-cost
 3491  investment advice to members participants, supplemental to
 3492  education provided by the third-party administrator. All fees
 3493  under any such contract shall be paid by those members
 3494  participants who choose to use the services of the vendor.
 3495         2. The department may contract with consultants for
 3496  professional services, including legal, consulting, accounting,
 3497  and actuarial services, deemed necessary to implement and
 3498  administer the investment plan optional program in coordination
 3499  with the pension plan defined benefit program of the Florida
 3500  Retirement System. The department, in coordination with the
 3501  state board, may enter into a contract with the third-party
 3502  administrator in order to coordinate services common to the
 3503  various programs within the Florida Retirement System.
 3504         (f) The third-party administrator may shall not receive
 3505  direct or indirect compensation from an approved provider,
 3506  except as specifically provided for in the contract with the
 3507  state board.
 3508         (g) The state board shall receive and resolve member
 3509  participant complaints against the investment plan program, the
 3510  third-party administrator, or any plan program vendor or
 3511  provider; shall resolve any conflict between the third-party
 3512  administrator and an approved provider if such conflict
 3513  threatens the implementation or administration of the plan
 3514  program or the quality of services to employees; and may resolve
 3515  any other conflicts. The third-party administrator shall retain
 3516  all member participant records for at least 5 years for use in
 3517  resolving any member participant conflicts. The state board, the
 3518  third-party administrator, or a provider is not required to
 3519  produce documentation or an audio recording to justify action
 3520  taken with regard to a member participant if the action occurred
 3521  5 or more years before the complaint is submitted to the state
 3522  board. It is presumed that all action taken 5 or more years
 3523  before the complaint is submitted was taken at the request of
 3524  the member participant and with the member’s participant’s full
 3525  knowledge and consent. To overcome this presumption, the member
 3526  participant must present documentary evidence or an audio
 3527  recording demonstrating otherwise.
 3528         (9) INVESTMENT OPTIONS OR PRODUCTS; PERFORMANCE REVIEW.—
 3529         (a) The state board shall develop policy and procedures for
 3530  selecting, evaluating, and monitoring the performance of
 3531  approved providers and investment products to which employees
 3532  may direct retirement contributions under the investment plan
 3533  program. In accordance with such policy and procedures, the
 3534  state board shall designate and contract for a number of
 3535  investment products as determined by the state board. The state
 3536  board shall also select one or more bundled providers, each of
 3537  which whom may offer multiple investment options and related
 3538  services, if when such an approach is determined by the state
 3539  board to provide afford value to the members participants
 3540  otherwise not available through individual investment products.
 3541  Each approved bundled provider may offer investment options that
 3542  provide members participants with the opportunity to invest in
 3543  each of the following asset classes, to be composed of
 3544  individual options that represent either a single asset class or
 3545  a combination thereof: money markets, United States fixed
 3546  income, United States equities, and foreign stock. The state
 3547  board shall review and manage all educational materials,
 3548  contract terms, fee schedules, and other aspects of the approved
 3549  provider relationships to ensure that no provider is unduly
 3550  favored or penalized by virtue of its status within the
 3551  investment plan.
 3552         (b) The state board shall consider investment options or
 3553  products it considers appropriate to give members participants
 3554  the opportunity to accumulate retirement benefits, subject to
 3555  the following:
 3556         1. The investment plan Public Employee Optional Retirement
 3557  Program must offer a diversified mix of low-cost investment
 3558  products that span the risk-return spectrum and may include a
 3559  guaranteed account as well as investment products, such as
 3560  individually allocated guaranteed and variable annuities, which
 3561  meet the requirements of this subsection and combine the ability
 3562  to accumulate investment returns with the option of receiving
 3563  lifetime income consistent with the long-term retirement
 3564  security of a pension plan and similar to the lifetime-income
 3565  benefit provided by the Florida Retirement System.
 3566         2. Investment options or products offered by the group of
 3567  approved providers may include mutual funds, group annuity
 3568  contracts, individual retirement annuities, interests in trusts,
 3569  collective trusts, separate accounts, and other such financial
 3570  instruments, and may include products that give members
 3571  participants the option of committing their contributions for an
 3572  extended time period in an effort to obtain returns higher than
 3573  those that could be obtained from investment products offering
 3574  full liquidity.
 3575         3. The state board may shall not contract with a any
 3576  provider that imposes a front-end, back-end, contingent, or
 3577  deferred sales charge, or any other fee that limits or restricts
 3578  the ability of members participants to select any investment
 3579  product available in the investment plan optional program. This
 3580  prohibition does not apply to fees or charges that are imposed
 3581  on withdrawals from products that give members participants the
 3582  option of committing their contributions for an extended time
 3583  period in an effort to obtain returns higher than those that
 3584  could be obtained from investment products offering full
 3585  liquidity, provided that the product in question, net of all
 3586  fees and charges, produces material benefits relative to other
 3587  comparable products in the plan program offering full liquidity.
 3588         4. Fees or charges for insurance features, such as
 3589  mortality and expense-risk charges, must be reasonable relative
 3590  to the benefits provided.
 3591         (c) In evaluating and selecting approved providers and
 3592  products, the state board shall establish criteria for
 3593  evaluating under which it shall consider the relative
 3594  capabilities and qualifications of each proposed provider
 3595  company and product. In developing such criteria, the state
 3596  board shall consider the following to the extent such factors
 3597  may be applied in connection with investment products, services,
 3598  or providers:
 3599         1. Experience in the United States providing retirement
 3600  products and related financial services under investment defined
 3601  contribution retirement plans.
 3602         2. Financial strength and stability as which shall be
 3603  evidenced by the highest ratings assigned by nationally
 3604  recognized rating services when comparing proposed providers
 3605  that are so rated.
 3606         3. Intrastate and interstate portability of the product
 3607  offered, including early withdrawal options.
 3608         4. Compliance with the Internal Revenue Code.
 3609         5. The cost-effectiveness of the product provided and the
 3610  levels of service supporting the product relative to its
 3611  benefits and its characteristics, including, without limitation,
 3612  the level of risk borne by the provider.
 3613         6. The provider company’s ability and willingness to
 3614  coordinate its activities with Florida Retirement System
 3615  employers, the department, and the state board, and to supply to
 3616  the such employers, the department, and the state board with the
 3617  information and data they require.
 3618         7. The methods available to members participants to
 3619  interact with the provider company; the means by which members
 3620  participants may access account information, direct investment
 3621  of contributions, make changes to their accounts, transfer
 3622  moneys between available investment vehicles, and transfer
 3623  moneys between provider companies; and any fees that apply to
 3624  such activities.
 3625         8. The provider company’s policies with respect to the
 3626  transfer of individual account balances, contributions, and
 3627  earnings thereon, both internally among investment products
 3628  offered by the provider company and externally between approved
 3629  providers, as well as any fees, charges, reductions, or
 3630  penalties that may be applied.
 3631         9. An evaluation of specific investment products, taking
 3632  into account each product’s experience in meeting its investment
 3633  return objectives net of all related fees, expenses, and
 3634  charges, including, but not limited to, investment management
 3635  fees, loads, distribution and marketing fees, custody fees,
 3636  recordkeeping fees, education fees, annuity expenses, and
 3637  consulting fees.
 3638         10. Organizational factors, including, but not limited to,
 3639  financial solvency, organizational depth, and experience in
 3640  providing institutional and retail investment services.
 3641         (d) By March 1, 2010, The state board shall identify and
 3642  offer at least one terror-free investment product that allocates
 3643  its funds among securities not subject to divestiture as
 3644  provided in s. 215.473 if the investment product is deemed by
 3645  the state board to be consistent with prudent investor
 3646  standards. No person may bring a civil, criminal, or
 3647  administrative action against an approved provider; the state
 3648  board; or any employee, officer, director, or trustee of such
 3649  provider based upon the divestiture of any security or the
 3650  offering of a terror-free investment product as specified in
 3651  this paragraph.
 3652         (e) As a condition of offering an any investment option or
 3653  product in the investment plan optional retirement program, the
 3654  approved provider must agree to make the investment product or
 3655  service available under the most beneficial terms offered to any
 3656  other customer, subject to approval by the Trustees of the state
 3657  board of Administration.
 3658         (f) The state board shall regularly review the performance
 3659  of each approved provider and product and related organizational
 3660  factors to ensure continued compliance with established
 3661  selection criteria and with board policy and procedures.
 3662  Providers and products may be terminated subject to contract
 3663  provisions. The state board shall adopt procedures to transfer
 3664  account balances from terminated products or providers to other
 3665  products or providers in the investment plan optional program.
 3666         (g)1. An approved provider shall comply with all applicable
 3667  federal and state securities and insurance laws and regulations
 3668  applicable to the provider, as well as with the applicable rules
 3669  and guidelines of the National Association of Securities Dealers
 3670  which govern the ethical marketing of investment products. In
 3671  furtherance of this mandate, an approved provider must agree in
 3672  its contract with the state board to establish and maintain a
 3673  compliance education and monitoring system to supervise the
 3674  activities of all personnel who directly communicate with
 3675  individual members participants and recommend investment
 3676  products, which system is consistent with rules of the National
 3677  Association of Securities Dealers.
 3678         2. Approved provider personnel who directly communicate
 3679  with individual members participants and who recommend
 3680  investment products shall make an independent and unbiased
 3681  determination as to whether an investment product is suitable
 3682  for a particular member participant.
 3683         3. The state board shall develop procedures to receive and
 3684  resolve member participant complaints against a provider or
 3685  approved provider personnel, and, if when appropriate, refer
 3686  such complaints to the appropriate agency.
 3687         4. Approved providers may not sell or in any way distribute
 3688  any customer list or member participant identification
 3689  information generated through their offering of products or
 3690  services through the investment plan optional retirement
 3691  program.
 3692         (10) EDUCATION COMPONENT.—
 3693         (a) The state board, in coordination with the department,
 3694  shall provide for an education component for eligible employees
 3695  system members in a manner consistent with the provisions of
 3696  this section. The education component must be available to
 3697  eligible employees at least 90 days before prior to the
 3698  beginning date of the election period for the employees of the
 3699  respective types of employers.
 3700         (b) The education component must provide eligible employees
 3701  system members with impartial and balanced information about
 3702  plan choices. The education component must involve multimedia
 3703  formats. Plan Program comparisons must, to the greatest extent
 3704  possible, be based upon the retirement income that different
 3705  retirement programs may provide to the member participant. The
 3706  state board shall monitor the performance of the contract for
 3707  the education component to ensure that the program is conducted
 3708  in accordance with the contract, applicable law, and the rules
 3709  of the board.
 3710         (c) The state board, in coordination with the department,
 3711  shall provide for an initial and ongoing transfer education
 3712  component to provide system members with information necessary
 3713  to make informed plan choice decisions. The transfer education
 3714  component must include, but is not limited to, information on:
 3715         1. The amount of money available to a member to transfer to
 3716  the investment plan defined contribution program.
 3717         2. The features of and differences between the pension plan
 3718  defined benefit program and the investment plan defined
 3719  contribution program, both generally and specifically, as those
 3720  differences may affect the member.
 3721         3. The expected benefit available if the member were to
 3722  retire under each of the retirement programs, based on
 3723  appropriate alternative sets of assumptions.
 3724         4. The rate of return from investments in the investment
 3725  plan defined contribution program and the period of time over
 3726  which such rate of return must be achieved to equal or exceed
 3727  the expected monthly benefit payable to the member under the
 3728  pension plan defined benefit program.
 3729         5. The historical rates of return for the investment
 3730  alternatives available in the investment plan defined
 3731  contribution programs.
 3732         6. The benefits and historical rates of return on
 3733  investments available in a typical deferred compensation plan or
 3734  a typical plan under s. 403(b) of the Internal Revenue Code for
 3735  which the employee may be eligible.
 3736         7. The program choices available to employees of the State
 3737  University System and the comparative benefits of each available
 3738  program, if applicable.
 3739         8. Payout options available in each of the retirement
 3740  programs.
 3741         (d) An ongoing education and communication component must
 3742  provide eligible employees system members with information
 3743  necessary to make informed decisions about choices within their
 3744  retirement program of membership and in preparation for
 3745  retirement. The component must include, but is not limited to,
 3746  information concerning:
 3747         1. Rights and conditions of membership.
 3748         2. Benefit features within the program, options, and
 3749  effects of certain decisions.
 3750         3. Coordination of contributions and benefits with a
 3751  deferred compensation plan under s. 457 or a plan under s.
 3752  403(b) of the Internal Revenue Code.
 3753         4. Significant program changes.
 3754         5. Contribution rates and program funding status.
 3755         6. Planning for retirement.
 3756         (e) Descriptive materials must be prepared under the
 3757  assumption that the employee is an unsophisticated investor, and
 3758  all materials used in the education component must be approved
 3759  by the state board before prior to dissemination.
 3760         (f) The state board and the department shall also establish
 3761  a communication component to provide program information to
 3762  participating employers and the employers’ personnel and payroll
 3763  officers and to explain their respective responsibilities in
 3764  conjunction with the retirement programs.
 3765         (g) Funding for education of new employees may reflect
 3766  administrative costs to the investment plan optional program and
 3767  the pension plan defined benefit program.
 3768         (h) Pursuant to paragraph (8)(a), all Florida Retirement
 3769  System employers have an obligation to regularly communicate the
 3770  existence of the two Florida Retirement System plans and the
 3771  plan choice in the natural course of administering their
 3772  personnel functions, using the educational materials supplied by
 3773  the state board and the department of Management Services.
 3774         (11) MEMBER PARTICIPANT INFORMATION REQUIREMENTS.—The state
 3775  board shall ensure that each member participant is provided a
 3776  quarterly statement that accounts for employer and employee the
 3777  contributions made on behalf of the member such participant; the
 3778  interest and investment earnings thereon; and any fees,
 3779  penalties, or other deductions that apply thereto. At a minimum,
 3780  such statements must:
 3781         (a) Indicate the member’s participant’s investment options.
 3782         (b) State the market value of the account at the close of
 3783  the current quarter and previous quarter.
 3784         (c) Show account gains and losses for the period and
 3785  changes in account accumulation unit values for the quarter
 3786  period.
 3787         (d) Itemize account contributions for the quarter.
 3788         (e) Indicate any account changes due to adjustment of
 3789  contribution levels, reallocation of contributions, balance
 3790  transfers, or withdrawals.
 3791         (f) Set forth any fees, charges, penalties, and deductions
 3792  that apply to the account.
 3793         (g) Indicate the amount of the account in which the member
 3794  participant is fully vested and the amount of the account in
 3795  which the member participant is not vested.
 3796         (h) Indicate each investment product’s performance relative
 3797  to an appropriate market benchmark.
 3798  
 3799  The third-party administrator shall provide quarterly and annual
 3800  summary reports to the state board and any other reports
 3801  requested by the department or the board. In any solicitation or
 3802  offer of coverage under the investment plan an optional
 3803  retirement program, a provider company shall be governed by the
 3804  contract readability provisions of s. 627.4145, notwithstanding
 3805  s. 627.4145(6)(c). In addition, all descriptive materials must
 3806  be prepared under the assumption that the member participant is
 3807  an unsophisticated investor. Provider companies must maintain an
 3808  internal system of quality assurance, have proven functional
 3809  systems that are date-calculation compliant, and be subject to a
 3810  due-diligence inquiry that proves their capacity and fitness to
 3811  undertake service responsibilities.
 3812         (12) ADVISORY COUNCIL TO PROVIDE ADVICE AND ASSISTANCE.—The
 3813  Investment Advisory Council, created pursuant to s. 215.444,
 3814  shall assist the state board in implementing and administering
 3815  the investment plan Public Employee Optional Retirement Program.
 3816  The Investment Advisory council, created pursuant to s. 215.444,
 3817  shall review the state board’s initial recommendations regarding
 3818  the criteria to be used in selecting and evaluating approved
 3819  providers and investment products. The council may provide
 3820  comments on the recommendations to the board within 45 days
 3821  after receiving the initial recommendations. The state board
 3822  shall make the final determination as to whether any investment
 3823  provider or product, any contractor, or any and all contract
 3824  provisions are shall be approved for the investment plan
 3825  program.
 3826         (13) FEDERAL REQUIREMENTS.—
 3827         (a) Provisions of This section shall be construed, and the
 3828  investment plan Public Employee Optional Retirement Program
 3829  shall be administered, so as to comply with the Internal Revenue
 3830  Code, 26 U.S.C., and specifically with plan qualification
 3831  requirements imposed on governmental plans under s. 401(a) of
 3832  the Internal Revenue Code. The state board may shall have the
 3833  power and authority to adopt rules reasonably necessary to
 3834  establish or maintain the qualified status of the investment
 3835  plan Optional Retirement Program under the Internal Revenue Code
 3836  and to implement and administer the plan Optional Retirement
 3837  Program in compliance with the Internal Revenue Code and this
 3838  part; provided however, that the board may shall not have the
 3839  authority to adopt any rule which makes a substantive change to
 3840  the investment plan Optional Retirement Program as designed by
 3841  this part.
 3842         (b) Any section or provision of this chapter which is
 3843  susceptible to more than one construction shall must be
 3844  interpreted in favor of the construction most likely to satisfy
 3845  requirements imposed by s. 401(a) of the Internal Revenue Code.
 3846         (c) Employer and employee contributions payable under this
 3847  section for any limitation year may not exceed the maximum
 3848  amount allowable for qualified defined contribution pension
 3849  plans under applicable provisions of the Internal Revenue Code.
 3850  If an employee who is enrolled who has elected to participate in
 3851  the investment plan enrolls Public Employee Optional Retirement
 3852  Program participates in any other plan that is maintained by the
 3853  participating employer, benefits that accrue under the
 3854  investment plan are Public Employee Optional Retirement Program
 3855  shall be considered primary for any aggregate limitation
 3856  applicable under s. 415 of the Internal Revenue Code.
 3857         (14) INVESTMENT POLICY STATEMENT.—
 3858         (a) Investment products and approved providers selected for
 3859  the investment plan Public Employee Optional Retirement Program
 3860  must shall conform with the Florida Public Employee Optional
 3861  Retirement System Program Investment Plan Policy Statement,
 3862  herein referred to as the “statement,” as developed and approved
 3863  by the Trustees of the state board of Administration. The
 3864  statement must include, among other items, the investment
 3865  objectives of the investment plan Public Employee Optional
 3866  Retirement Program, manager selection and monitoring guidelines,
 3867  and performance measurement criteria. As required from time to
 3868  time, the executive director of the state board may present
 3869  recommended changes in the statement to the board for approval.
 3870         (b) Before Prior to presenting the statement, or any
 3871  recommended changes thereto, to the state board, the executive
 3872  director of the board shall present such statement or changes to
 3873  the Investment Advisory Council for review. The council shall
 3874  present the results of its review to the board prior to the
 3875  board’s final approval of the statement or changes in the
 3876  statement.
 3877         (15) STATEMENT OF FIDUCIARY STANDARDS AND
 3878  RESPONSIBILITIES.—
 3879         (a) Investment of investment plan optional defined
 3880  contribution retirement plan assets shall be made for the sole
 3881  interest and exclusive purpose of providing benefits to plan
 3882  members participants and beneficiaries and defraying reasonable
 3883  expenses of administering the plan. The program’s assets shall
 3884  are to be invested, on behalf of the members program
 3885  participants, with the care, skill, and diligence that a prudent
 3886  person acting in a like manner would undertake. The performance
 3887  of the investment duties set forth in this paragraph shall
 3888  comply with the fiduciary standards set forth in the Employee
 3889  Retirement Income Security Act of 1974 at 29 U.S.C. s.
 3890  1104(a)(1)(A)-(C). In case of conflict with other provisions of
 3891  law authorizing investments, the investment and fiduciary
 3892  standards set forth in this subsection shall prevail.
 3893         (b) If a member participant or beneficiary of the
 3894  investment plan Public Employee Optional Retirement program
 3895  exercises control over the assets in his or her account, as
 3896  determined by reference to regulations of the United States
 3897  Department of Labor under s. 404(c) of the Employee Retirement
 3898  Income Security Act of 1974 and all applicable laws governing
 3899  the operation of the program, a no program fiduciary is not
 3900  shall be liable for any loss to a member’s participant’s or
 3901  beneficiary’s account which results from the member’s such
 3902  participant’s or beneficiary’s exercise of control.
 3903         (c) Subparagraph (8)(b)2. (8)(b)4. and paragraph (15)(b)
 3904  incorporate the federal law concept of member participant
 3905  control, established by regulations of the United States
 3906  Department of Labor under s. 404(c) of the Employee Retirement
 3907  Income Security Act of 1974 (ERISA). The purpose of this
 3908  paragraph is to assist employers and the state board of
 3909  Administration in maintaining compliance with s. 404(c), while
 3910  avoiding unnecessary costs and eroding member participant
 3911  benefits under the investment plan Public Employee Optional
 3912  Retirement program. Pursuant to 29 C.F.R. s. 2550.404c
 3913  1(b)(2)(i)(B)(1)(viii), the state board of Administration or its
 3914  designated agents shall deliver to members participants of the
 3915  investment plan Public Employee Optional Retirement program a
 3916  copy of the prospectus most recently provided to the plan, and,
 3917  pursuant to 29 C.F.R. s. 2550.404c-1(b)(2)(i)(B)(2)(ii), shall
 3918  provide such members participants an opportunity to obtain this
 3919  information, except that:
 3920         1. The requirement to deliver a prospectus shall be deemed
 3921  to be satisfied by delivery of a fund profile or summary profile
 3922  that contains the information that would be included in a
 3923  summary prospectus as described by Rule 498 under the Securities
 3924  Act of 1933, 17 C.F.R. s. 230.498. If When the transaction fees,
 3925  expense information, or other information provided by a mutual
 3926  fund in the prospectus does not reflect terms negotiated by the
 3927  state board of Administration or its designated agents, the
 3928  aforementioned requirement is deemed to be satisfied by delivery
 3929  of a separate document described by Rule 498 substituting
 3930  accurate information; and
 3931         2. Delivery shall be deemed to have been effected if
 3932  delivery is through electronic means and the following standards
 3933  are satisfied:
 3934         a. Electronically-delivered documents are prepared and
 3935  provided consistent with style, format, and content requirements
 3936  applicable to printed documents;
 3937         b. Each member participant is provided timely and adequate
 3938  notice of the documents that are to be delivered and their
 3939  significance thereof, and of the member’s participant’s right to
 3940  obtain a paper copy of such documents free of charge;
 3941         c.(I)Members Participants have adequate access to the
 3942  electronic documents, at locations such as their worksites or
 3943  public facilities, and have the ability to convert the documents
 3944  to paper free of charge by the state board of Administration,
 3945  and the board or its designated agents take appropriate and
 3946  reasonable measures to ensure that the system for furnishing
 3947  electronic documents results in actual receipt., or
 3948         (II)Members Participants have provided consent to receive
 3949  information in electronic format, which consent may be revoked;
 3950  and
 3951         d. The state board of Administration, or its designated
 3952  agent, actually provides paper copies of the documents free of
 3953  charge, upon request.
 3954         (16) DISABILITY BENEFITS.—For any member participant of the
 3955  investment plan optional retirement program who becomes totally
 3956  and permanently disabled, benefits must shall be paid in
 3957  accordance with the provisions of s. 121.591.
 3958         (17) SOCIAL SECURITY COVERAGE.—Social security coverage
 3959  shall be provided for all officers and employees who become
 3960  members participants of the investment plan optional program.
 3961  Any modification of the present agreement with the Social
 3962  Security Administration, or referendum required under the Social
 3963  Security Act, for the purpose of providing social security
 3964  coverage for any member shall be requested by the state agency
 3965  in compliance with the applicable provisions of the Social
 3966  Security Act governing such coverage. However, retroactive
 3967  social security coverage for service before prior to December 1,
 3968  1970, with the employer may shall not be provided for any member
 3969  who was not covered under the agreement as of November 30, 1970.
 3970         (18) RETIREE HEALTH INSURANCE SUBSIDY.—All officers and
 3971  employees who are members participants of the investment plan
 3972  are optional program shall be eligible to receive the retiree
 3973  health insurance subsidy, subject to the provisions of s.
 3974  112.363.
 3975         (19) MEMBER PARTICIPANT RECORDS.—Personal identifying
 3976  information of a member of participant in the investment plan
 3977  Public Employee Optional Retirement Program contained in Florida
 3978  Retirement System records held by the state board of
 3979  Administration or the department of Management Services is
 3980  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 3981  Constitution.
 3982         (20) DESIGNATION OF BENEFICIARIES.—
 3983         (a) Each member participant may, by electronic means or on
 3984  a form provided for that purpose, signed and filed with the
 3985  third-party administrator, designate a choice of one or more
 3986  persons, named sequentially or jointly, as his or her
 3987  beneficiary for receiving who shall receive the benefits, if
 3988  any, which may be payable pursuant to this chapter in the event
 3989  of the member’s participant’s death. If no beneficiary is named
 3990  in this manner, or if no beneficiary designated by the member
 3991  participant survives the member participant, the beneficiary
 3992  shall be the spouse of the deceased, if living. If the member’s
 3993  participant’s spouse is not alive at the time of the
 3994  beneficiary’s his or her death, the beneficiary shall be the
 3995  member’s living children of the participant. If no children
 3996  survive, the beneficiary shall be the member’s participant’s
 3997  father or mother, if living; otherwise, the beneficiary shall be
 3998  the member’s participant’s estate. The beneficiary most recently
 3999  designated by a member participant on a form or letter filed
 4000  with the third-party administrator shall be the beneficiary
 4001  entitled to any benefits payable at the time of the member’s
 4002  participant’s death. However Notwithstanding any other provision
 4003  in this subsection to the contrary, if a member for a
 4004  participant who dies before prior to his or her effective date
 4005  of retirement, the spouse at the time of death shall be the
 4006  member’s participant’s beneficiary unless the member such
 4007  participant designates a different beneficiary as provided in
 4008  this subsection subsequent to the member’s participant’s most
 4009  recent marriage.
 4010         (b) If a member participant designates a primary
 4011  beneficiary other than the member’s participant’s spouse, the
 4012  member’s participant’s spouse must sign the beneficiary
 4013  designation form to acknowledge the designation. This
 4014  requirement does not apply to the designation of one or more
 4015  contingent beneficiaries to receive benefits remaining upon the
 4016  death of the primary beneficiary or beneficiaries.
 4017         (c) Notwithstanding the member’s participant’s designation
 4018  of benefits to be paid through a trust to a beneficiary that is
 4019  a natural person, and notwithstanding the provisions of the
 4020  trust, benefits must shall be paid directly to the beneficiary
 4021  if the person is no longer a minor or an incapacitated person as
 4022  defined in s. 744.102.
 4023         (21) PARTICIPATION BY TERMINATED DEFERRED RETIREMENT OPTION
 4024  PROGRAM PARTICIPANTS.—Notwithstanding any other provision of law
 4025  to the contrary, members participating participants in the
 4026  Deferred Retirement Option Program offered under part I may,
 4027  after conclusion of their participation in the program, elect to
 4028  roll over or authorize a direct trustee-to-trustee transfer to
 4029  an account under the investment plan Public Employee Optional
 4030  Retirement Program of their Deferred Retirement Option Program
 4031  proceeds distributed as provided under s. 121.091(13)(c)5. The
 4032  transaction must constitute an “eligible rollover distribution”
 4033  within the meaning of s. 402(c)(4) of the Internal Revenue Code.
 4034         (a) The investment plan Public Employee Optional Retirement
 4035  Program may accept such amounts for deposit into member
 4036  participant accounts as provided in paragraph (5)(e) (5)(c).
 4037         (b) The affected member participant shall direct the
 4038  investment of his or her investment account; however, unless he
 4039  or she becomes a renewed member of the Florida Retirement System
 4040  under s. 121.122 and elects to enroll participate in the
 4041  investment plan Public Employee Optional Retirement program,
 4042  employer and employee contributions may not be made to the
 4043  member’s participant’s account as provided under paragraph
 4044  (5)(a).
 4045         (c) The state board or the department is not responsible
 4046  for locating those persons who may be eligible to enroll
 4047  participate in the investment plan Public Employee Optional
 4048  Retirement Program under this subsection.
 4049         (22) CREDIT FOR MILITARY SERVICE.—Creditable service of any
 4050  member of the investment program includes Public Employee
 4051  Optional Retirement Program shall include military service in
 4052  the Armed Forces of the United States as provided in the
 4053  conditions outlined in s. 121.111(1).
 4054         Section 23. Section 121.4502, Florida Statutes, is amended
 4055  to read:
 4056         121.4502 Florida Public Employee Optional Retirement System
 4057  Investment Plan Program Trust Fund.—
 4058         (1) The Florida Public Employee Optional Retirement System
 4059  Investment Plan Program Trust Fund is created to hold the assets
 4060  of the Florida Public Employee Optional Retirement System
 4061  Investment Plan Program in trust for the exclusive benefit of
 4062  plan members such program’s participants and beneficiaries, and
 4063  for the payment of reasonable administrative expenses of the
 4064  plan program, in accordance with s. 401 of the Internal Revenue
 4065  Code, and shall be administered by the State Board of
 4066  Administration as trustee. Funds shall be credited to the trust
 4067  fund as provided in this part and, to be used for the purposes
 4068  of this part. The trust fund is exempt from the service charges
 4069  imposed by s. 215.20.
 4070         (2) The Florida Public Employee Optional Retirement System
 4071  Investment Plan Program Trust Fund is a retirement trust fund of
 4072  the Florida Retirement System that accounts for retirement plan
 4073  assets held by the state in a trustee capacity as a fiduciary
 4074  for individual members participants in the Florida Public
 4075  Employee Optional Retirement System Investment Plan Program and,
 4076  pursuant to s. 19(f), Art. III of the State Constitution, is not
 4077  subject to termination.
 4078         (3) A forfeiture account shall be created within the
 4079  Florida Retirement System Investment Plan Public Employee
 4080  Optional Retirement Program Trust Fund to hold the assets
 4081  derived from the forfeiture of benefits by participating members
 4082  participants. Pursuant to a private letter ruling from the
 4083  Internal Revenue Service, the forfeiture account may be used
 4084  only for paying expenses of the Florida Retirement System
 4085  Investment Plan Public Employee Optional Retirement Program and
 4086  reducing future employer contributions to the program.
 4087  Consistent with Rulings 80-155 and 74-340 of the Internal
 4088  Revenue Service, unallocated reserves within the forfeiture
 4089  account must be used as quickly and as prudently as possible
 4090  considering the state board’s fiduciary duty. Expected
 4091  withdrawals from the account must endeavor to reduce the account
 4092  to zero each fiscal year.
 4093         Section 24. Subsections (1) and (3) of section 121.4503,
 4094  Florida Statutes, are amended to read:
 4095         121.4503 Florida Retirement System Contributions Clearing
 4096  Trust Fund.—
 4097         (1) The Florida Retirement System Contributions Clearing
 4098  Trust Fund is created as a clearing fund for disbursing employer
 4099  and employee contributions to the component plans of the Florida
 4100  Retirement System and shall be administered by the department of
 4101  Management Services. Funds shall be credited to the trust fund
 4102  as provided in this chapter and shall be held in trust for the
 4103  contributing employers and employees until such time as the
 4104  assets are transferred by the department to the Florida
 4105  Retirement System Trust Fund, the Florida Public Employee
 4106  Optional Retirement System Investment Plan Program Trust Fund,
 4107  or other trust funds as authorized by law, to be used for the
 4108  purposes of this chapter. The trust fund is exempt from the
 4109  service charges imposed by s. 215.20.
 4110         (3) The department of Management Services may adopt rules
 4111  governing the receipt and disbursement of amounts received by
 4112  the Florida Retirement System Contributions Clearing Trust Fund
 4113  from employers and employees contributing to the component plans
 4114  of the Florida Retirement System.
 4115         Section 25. Section 121.571, Florida Statutes, is amended
 4116  to read:
 4117         121.571 Contributions.—Contributions to the Florida Public
 4118  Employee Optional Retirement System Investment Plan Program
 4119  shall be made as follows:
 4120         (1) CONTRIBUTORY NONCONTRIBUTORY PLAN.—Each employer and
 4121  employee shall submit accomplish the contributions as required
 4122  under by s. 121.71 by a procedure in which no employee’s gross
 4123  salary shall be reduced.
 4124         (2) CONTRIBUTION RATES GENERALLY.—Contributions to fund the
 4125  retirement and disability benefits provided under this part must
 4126  shall be based on the uniform contribution rates established by
 4127  s. 121.71 and on the membership class or subclass of the
 4128  employee participant. Such contributions must shall be allocated
 4129  as provided in ss. 121.72 and 121.73.
 4130         (3) CONTRIBUTIONS FOR SOCIAL SECURITY COVERAGE AND FOR
 4131  RETIREE HEALTH INSURANCE SUBSIDY.—Contributions required under
 4132  s. 121.71 are this section shall be in addition to employer and
 4133  member contributions required for social security and the
 4134  Retiree Health Insurance Subsidy Trust Fund as required under
 4135  provided in ss. 112.363, 121.052, 121.055, and 121.071, as
 4136  appropriate.
 4137         Section 26. Section 121.591, Florida Statutes, is amended
 4138  to read:
 4139         121.591 Payment of benefits payable under the Public
 4140  Employee Optional Retirement Program of the Florida Retirement
 4141  System.—Benefits may not be paid under the Florida Retirement
 4142  System Investment Plan this section unless the member has
 4143  terminated employment as provided in s. 121.021(39)(a) or is
 4144  deceased and a proper application has been filed as in the
 4145  manner prescribed by the state board or the department. Before
 4146  termination of employment, benefits are not payable under the
 4147  investment plan for employee hardships, unforeseeable
 4148  emergencies, loans, medical expenses, educational expenses,
 4149  purchase of a principal residence, payments necessary to prevent
 4150  eviction or foreclosure on an employee’s principal residence, or
 4151  any other reason prior to termination from all employment
 4152  relationships with participating employers. The state board or
 4153  department, as appropriate, may cancel an application for
 4154  retirement benefits if when the member or beneficiary fails to
 4155  timely provide the information and documents required by this
 4156  chapter and the rules of the state board and department. In
 4157  accordance with their respective responsibilities as provided
 4158  herein, the state board of Administration and the department of
 4159  Management Services shall adopt rules establishing procedures
 4160  for application for retirement benefits and for the cancellation
 4161  of such application if when the required information or
 4162  documents are not received. The state board of Administration
 4163  and the department of Management Services, as appropriate, are
 4164  authorized to cash out a de minimis account of not more than
 4165  $5,000 of a member participant who has been terminated from
 4166  Florida Retirement System covered employment for a minimum of 6
 4167  calendar months. A de minimis account is an account containing
 4168  employer contributions and accumulated earnings of not more than
 4169  $5,000 made under the provisions of this chapter. Such cash-out
 4170  must either be a complete lump-sum liquidation of the account
 4171  balance, subject to the provisions of the Internal Revenue Code,
 4172  or a lump-sum direct rollover distribution paid directly to the
 4173  custodian of an eligible retirement plan, as defined by the
 4174  Internal Revenue Code, on behalf of the member participant. Any
 4175  nonvested accumulations, including amounts transferred to the
 4176  suspense account of the Florida Retirement System Investment
 4177  Plan Trust Fund, are forfeited upon payment of any vested
 4178  benefit to a member or beneficiary, except for de minimis
 4179  distributions or minimum required distributions as provided
 4180  under this section. If any financial instrument issued for the
 4181  payment of retirement benefits under this section is not
 4182  presented for payment within 180 days after the last day of the
 4183  month in which it was originally issued, the third-party
 4184  administrator or other duly authorized agent of the state board
 4185  of Administration shall cancel the instrument and credit the
 4186  amount of the instrument to the suspense account of the Florida
 4187  Public Employee Optional Retirement System Investment Plan
 4188  Program Trust Fund authorized under s. 121.4501(6). Any such
 4189  amounts transferred to the suspense account are payable upon a
 4190  proper application, not to include earnings thereon, as provided
 4191  in this section, within 10 years after the last day of the month
 4192  in which the instrument was originally issued, after which time
 4193  such amounts and any earnings attributable to employer
 4194  contributions are thereon shall be forfeited. Any such forfeited
 4195  amounts are assets of the Public Employee Optional Retirement
 4196  Program trust fund and are not subject to the provisions of
 4197  chapter 717.
 4198         (1) NORMAL BENEFITS.—Under the Florida Public Employee
 4199  Optional Retirement System Investment Plan Program:
 4200         (a) Benefits in the form of vested accumulations as
 4201  described in s. 121.4501(6) are payable under this subsection in
 4202  accordance with the following terms and conditions:
 4203         1. To the extent vested, Benefits are payable only to a
 4204  member, alternate payee of a qualified domestic relations order,
 4205  or a beneficiary participant.
 4206         2. Benefits shall be paid by the third-party administrator
 4207  or designated approved providers in accordance with the law, the
 4208  contracts, and any applicable board rule or policy.
 4209         3. To receive benefits, The member participant must be
 4210  terminated from all employment with all Florida Retirement
 4211  System employers, as provided in s. 121.021(39).
 4212         4. Benefit payments may not be made until the member
 4213  participant has been terminated for 3 calendar months, except
 4214  that the state board may authorize by rule for the distribution
 4215  of up to 10 percent of the member’s participant’s account after
 4216  being terminated for 1 calendar month if the member participant
 4217  has reached the normal retirement date as defined in s. 121.021
 4218  of the defined benefit plan.
 4219         5. If a member or former member of the Florida Retirement
 4220  System receives an invalid distribution from the Public Employee
 4221  Optional Retirement Program Trust Fund, such person must repay
 4222  the full amount invalid distribution to the trust fund within 90
 4223  days after receipt of final notification by the state board or
 4224  the third-party administrator that the distribution was invalid,
 4225  or, in lieu of repayment, must terminate employment from all
 4226  participating employers. If such person fails to repay the full
 4227  invalid distribution within 90 days after receipt of final
 4228  notification, the person may be deemed retired from the
 4229  investment plan optional retirement program by the state board,
 4230  as provided pursuant to s. 121.4501(2)(k), and is subject to s.
 4231  121.122. If such person is deemed retired by the state board,
 4232  any joint and several liability set out in s. 121.091(9)(d)2. is
 4233  becomes null and void, and the state board, the department, or
 4234  the employing agency is not liable for gains on payroll
 4235  contributions that have not been deposited to the person’s
 4236  account in the investment plan retirement program, pending
 4237  resolution of the invalid distribution. The member or former
 4238  member who has been deemed retired or who has been determined by
 4239  the state board to have taken an invalid distribution may appeal
 4240  the agency decision through the complaint process as provided
 4241  under s. 121.4501(9)(g)3. As used in this subparagraph, the term
 4242  “invalid distribution” means any distribution from an account in
 4243  the investment plan optional retirement program which is taken
 4244  in violation of this section, s. 121.091(9), or s. 121.4501.
 4245         (b) If a member participant elects to receive his or her
 4246  benefits upon termination of employment as defined in s.
 4247  121.021, the member participant must submit a written
 4248  application or an application by electronic means to the third
 4249  party administrator indicating his or her preferred distribution
 4250  date and selecting an authorized method of distribution as
 4251  provided in paragraph (c). The member participant may defer
 4252  receipt of benefits until he or she chooses to make such
 4253  application, subject to federal requirements.
 4254         (c) Upon receipt by the third-party administrator of a
 4255  properly executed application for distribution of benefits, the
 4256  total accumulated benefit is shall be payable to the member pro
 4257  rata across all Florida Retirement System benefit sources
 4258  participant, as:
 4259         1. A lump-sum or partial distribution to the member
 4260  participant;
 4261         2. A lump-sum direct rollover distribution whereby all
 4262  accrued benefits, plus interest and investment earnings, are
 4263  paid from the member’s participant’s account directly to the
 4264  custodian of an eligible retirement plan, as defined in s.
 4265  402(c)(8)(B) of the Internal Revenue Code, on behalf of the
 4266  member participant; or
 4267         3. Periodic distributions, as authorized by the state
 4268  board.
 4269         (d) The distribution payment method selected by the plan
 4270  member or beneficiary, and the retirement of the member or
 4271  beneficiary, is final and irrevocable at the time a benefit
 4272  distribution payment is cashed, deposited, or transferred to
 4273  another financial institution. Any additional service that
 4274  remains unclaimed at retirement may not be claimed or purchased,
 4275  and the type of retirement may not be changed, except that if a
 4276  member recovers from a disability, the member may subsequently
 4277  request normal service benefits under subsection (2).
 4278         (e) A member may not receive a distribution of employee
 4279  contributions if a pending or approved qualified domestic
 4280  relations order is filed against the member’s investment plan
 4281  account.
 4282         (2) DISABILITY RETIREMENT BENEFITS.—Benefits provided under
 4283  this subsection are payable in lieu of the benefits that which
 4284  would otherwise be payable under the provisions of subsection
 4285  (1). Such benefits must shall be funded entirely from employer
 4286  contributions made under s. 121.571, transferred employee
 4287  contributions and participant funds accumulated pursuant to
 4288  paragraph (a), and interest and earnings thereon. Pursuant
 4289  thereto:
 4290         (a) Transfer of funds.—To qualify for to receive monthly
 4291  disability benefits under this subsection:
 4292         1. All moneys accumulated in a member’s account the
 4293  participant’s Public Employee Optional Retirement Program
 4294  accounts, including vested and nonvested accumulations as
 4295  described in s. 121.4501(6), must shall be transferred from such
 4296  individual accounts to the division of Retirement for deposit in
 4297  the disability account of the Florida Retirement System Trust
 4298  Fund. Such moneys must shall be separately accounted for
 4299  separately. Earnings must shall be credited on an annual basis
 4300  for amounts held in the disability accounts of the Florida
 4301  Retirement System Trust Fund based on actual earnings of the
 4302  Florida Retirement System trust fund.
 4303         2. If the member participant has retained retirement credit
 4304  he or she had earned under the pension plan defined benefit
 4305  program of the Florida Retirement System as provided in s.
 4306  121.4501(3) s. 121.4501(3)(b), a sum representing the actuarial
 4307  present value of such credit within the Florida Retirement
 4308  System Trust Fund shall be reassigned by the division of
 4309  Retirement from the pension plan defined benefit program to the
 4310  disability program as implemented under this subsection and
 4311  shall be deposited in the disability account of the Florida
 4312  Retirement System trust fund. Such moneys must shall be
 4313  separately accounted for separately.
 4314         (b) Disability retirement; entitlement.—
 4315         1. A member participant of the investment plan Public
 4316  Employee Optional Retirement program who becomes totally and
 4317  permanently disabled, as defined in paragraph (d) s.
 4318  121.091(4)(b), after completing 8 years of creditable service,
 4319  or a member participant who becomes totally and permanently
 4320  disabled in the line of duty regardless of his or her length of
 4321  service, is shall be entitled to a monthly disability benefit as
 4322  provided herein.
 4323         2. In order for service to apply toward the 8 years of
 4324  creditable service required to vest for regular disability
 4325  benefits, or toward the creditable service used in calculating a
 4326  service-based benefit as provided for under paragraph (g), the
 4327  service must be creditable service as described below:
 4328         a. The member’s participant’s period of service under the
 4329  investment plan shall Public Employee Optional Retirement
 4330  program will be considered creditable service, except as
 4331  provided in subparagraph d.
 4332         b. If the member participant has elected to retain credit
 4333  for his or her service under the pension plan defined benefit
 4334  program of the Florida Retirement System as provided under s.
 4335  121.4501(3) s. 121.4501(3)(b), all such service shall will be
 4336  considered creditable service.
 4337         c. If the member elects participant has elected to transfer
 4338  to his or her member participant accounts a sum representing the
 4339  present value of his or her retirement credit under the pension
 4340  plan defined benefit program as provided under s. 121.4501(3) s.
 4341  121.4501(3)(c), the period of service under the pension plan
 4342  defined benefit program represented in the present value amounts
 4343  transferred shall will be considered creditable service for
 4344  purposes of vesting for disability benefits, except as provided
 4345  in subparagraph d.
 4346         d. If a member Whenever a participant has terminated
 4347  employment and has taken distribution of his or her funds as
 4348  provided in subsection (1), all creditable service represented
 4349  by such distributed funds is forfeited for purposes of this
 4350  subsection.
 4351         (c) Disability retirement effective date.—The effective
 4352  retirement date for a member participant who applies and is
 4353  approved for disability retirement shall be established as
 4354  provided under s. 121.091(4)(a)2. and 3.
 4355         (d) Total and permanent disability.—A member is participant
 4356  shall be considered totally and permanently disabled if, in the
 4357  opinion of the division, he or she is prevented, by reason of a
 4358  medically determinable physical or mental impairment, from
 4359  rendering useful and efficient service as an officer or
 4360  employee.
 4361         (e) Proof of disability.The division, Before approving
 4362  payment of any disability retirement benefit, the division shall
 4363  require proof that the member participant is totally and
 4364  permanently disabled in the same manner as provided for members
 4365  of the defined benefit program of the Florida Retirement System
 4366  under s. 121.091(4)(c).
 4367         (f) Disability retirement benefit.—Upon the disability
 4368  retirement of a member participant under this subsection, the
 4369  member participant shall receive a monthly benefit that begins
 4370  accruing shall begin to accrue on the first day of the month of
 4371  disability retirement, as approved by the division, and is shall
 4372  be payable on the last day of that month and each month
 4373  thereafter during his or her lifetime and continued disability.
 4374  All disability benefits must payable to such member shall be
 4375  paid out of the disability account of the Florida Retirement
 4376  System Trust Fund established under this subsection.
 4377         (g) Computation of disability retirement benefit.—The
 4378  amount of each monthly payment must shall be calculated in the
 4379  same manner as provided for members of the defined benefit
 4380  program of the Florida Retirement System under s. 121.091(4)(f).
 4381  For such purpose, Creditable service under both the pension plan
 4382  defined benefit program and the investment plan Public Employee
 4383  Optional Retirement Program of the Florida Retirement System
 4384  shall be applicable as provided under paragraph (b).
 4385         (h) Reapplication.—A member participant whose initial
 4386  application for disability retirement is has been denied may
 4387  reapply for disability benefits in the same manner, and under
 4388  the same conditions, as provided for members of the pension plan
 4389  defined benefit program of the Florida Retirement System under
 4390  s. 121.091(4)(g).
 4391         (i) Membership.—Upon approval of a member’s an application
 4392  for disability benefits under this subsection, the applicant
 4393  shall be transferred to the pension plan defined benefit program
 4394  of the Florida Retirement System, effective upon his or her
 4395  disability retirement effective date.
 4396         (j) Option to cancel.A member Any participant whose
 4397  application for disability benefits is approved may cancel the
 4398  his or her application if for disability benefits, provided that
 4399  the cancellation request is received by the division before a
 4400  disability retirement warrant has been deposited, cashed, or
 4401  received by direct deposit. Upon such cancellation:
 4402         1. The member’s participant’s transfer to the pension plan
 4403  defined benefit program under paragraph (i) shall be nullified;
 4404         2. The member participant shall be retroactively reinstated
 4405  in the investment plan Public Employee Optional Retirement
 4406  program without hiatus;
 4407         3. All funds transferred to the Florida Retirement System
 4408  Trust Fund under paragraph (a) must shall be returned to the
 4409  member participant accounts from which the such funds were
 4410  drawn; and
 4411         4. The member participant may elect to receive the benefit
 4412  payable under the provisions of subsection (1) in lieu of
 4413  disability benefits as provided under this subsection.
 4414         (k) Recovery from disability.—
 4415         1. The division may require periodic reexaminations at the
 4416  expense of the disability program account of the Florida
 4417  Retirement System Trust Fund. Except as otherwise provided in
 4418  subparagraph 2., the requirements, procedures, and restrictions
 4419  relating to the conduct and review of such reexaminations,
 4420  discontinuation or termination of benefits, reentry into
 4421  employment, disability retirement after reentry into covered
 4422  employment, and all other matters relating to recovery from
 4423  disability shall be the same as provided are set forth under s.
 4424  121.091(4)(h).
 4425         2. Upon recovery from disability, the any recipient of
 4426  disability retirement benefits under this subsection shall be
 4427  transferred back to the investment plan a compulsory member of
 4428  the Public Employee Optional Retirement Program of the Florida
 4429  Retirement System. The net difference between the recipient’s
 4430  original account balance transferred to the Florida Retirement
 4431  System Trust Fund, including earnings, under paragraph (a) and
 4432  total disability benefits paid to such recipient, if any, shall
 4433  be determined as provided in sub-subparagraph a.
 4434         a. An amount equal to the total benefits paid shall be
 4435  subtracted from that portion of the transferred account balance
 4436  consisting of vested accumulations as described under s.
 4437  121.4501(6), if any, and an amount equal to the remainder of
 4438  benefit amounts paid, if any, shall then be subtracted from any
 4439  remaining portion consisting of nonvested accumulations as
 4440  described under s. 121.4501(6).
 4441         b. Amounts subtracted under sub-subparagraph a. must shall
 4442  be retained within the disability account of the Florida
 4443  Retirement System Trust Fund. Any remaining account balance
 4444  shall be transferred to the third-party administrator for
 4445  disposition as provided under sub-subparagraph c. or sub
 4446  subparagraph d., as appropriate.
 4447         c. If the recipient returns to covered employment,
 4448  transferred amounts must shall be deposited in individual
 4449  accounts under the investment plan Public Employee Optional
 4450  Retirement program, as directed by the member participant.
 4451  Vested and nonvested amounts shall be separately accounted for
 4452  as provided in s. 121.4501(6).
 4453         d. If the recipient fails to return to covered employment
 4454  upon recovery from disability:
 4455         (I) Any remaining vested amount must shall be deposited in
 4456  individual accounts under the investment plan Public Employee
 4457  Optional Retirement program, as directed by the member
 4458  participant, and is shall be payable as provided in subsection
 4459  (1).
 4460         (II) Any remaining nonvested amount must shall be held in a
 4461  suspense account and is shall be forfeitable after 5 years as
 4462  provided in s. 121.4501(6).
 4463         3. If present value was reassigned from the pension plan
 4464  defined benefit program to the disability program of the Florida
 4465  Retirement System as provided under subparagraph (a)2., the full
 4466  present value amount must shall be returned to the pension plan
 4467  defined benefit account within the Florida Retirement System
 4468  Trust Fund and the recipient’s affected individual’s associated
 4469  retirement credit under the pension plan must defined benefit
 4470  program shall be reinstated in full. Any benefit based upon such
 4471  credit must shall be calculated as provided in s.
 4472  121.091(4)(h)1.
 4473         (l) Nonadmissible causes of disability.—A member is
 4474  participant shall not be entitled to receive a disability
 4475  retirement benefit if the disability results from any injury or
 4476  disease sustained or inflicted as described in s. 121.091(4)(i).
 4477         (m) Disability retirement of justice or judge by order of
 4478  Supreme Court.—
 4479         1. If a member participant is a justice of the Supreme
 4480  Court, judge of a district court of appeal, circuit judge, or
 4481  judge of a county court who has served for 6 years or more as an
 4482  elected constitutional judicial officer, including service as a
 4483  judicial officer in any court abolished pursuant to Art. V of
 4484  the State Constitution, and who is retired for disability by
 4485  order of the Supreme Court upon recommendation of the Judicial
 4486  Qualifications Commission pursuant to s. 12, the provisions of
 4487  Art. V of the State Constitution, the member’s participant’s
 4488  Option 1 monthly disability benefit amount as provided in s.
 4489  121.091(6)(a)1. shall be two-thirds of his or her monthly
 4490  compensation as of the member’s participant’s disability
 4491  retirement date. The member Such a participant may alternatively
 4492  elect to receive an actuarially adjusted disability retirement
 4493  benefit under any other option as provided in s. 121.091(6)(a),
 4494  or to receive the normal benefit payable under the Public
 4495  Employee Optional Retirement Program as set forth in subsection
 4496  (1).
 4497         2. If any justice or judge who is a member participant of
 4498  the investment plan Public Employee Optional Retirement program
 4499  of the Florida Retirement System is retired for disability by
 4500  order of the Supreme Court upon recommendation of the Judicial
 4501  Qualifications Commission pursuant to s. 12, the provisions of
 4502  Art. V of the State Constitution, and elects to receive a
 4503  monthly disability benefit under the provisions of this
 4504  paragraph:
 4505         a. Any present value amount that was transferred to his or
 4506  her plan program account and all employer and employee
 4507  contributions made to such account on his or her behalf, plus
 4508  interest and earnings thereon, must shall be transferred to and
 4509  deposited in the disability account of the Florida Retirement
 4510  System Trust Fund; and
 4511         b. The monthly disability benefits payable under this
 4512  paragraph for any affected justice or judge retired from the
 4513  Florida Retirement System pursuant to Art. V of the State
 4514  Constitution shall be paid from the disability account of the
 4515  Florida Retirement System Trust Fund.
 4516         (n) Death of retiree or beneficiary.—Upon the death of a
 4517  disabled retiree or beneficiary of the retiree thereof who is
 4518  receiving monthly disability benefits under this subsection, the
 4519  monthly benefits shall be paid through the last day of the month
 4520  of death and shall terminate, or be adjusted, if applicable, as
 4521  of that date in accordance with the optional form of benefit
 4522  selected at the time of retirement. The department of Management
 4523  Services may adopt rules necessary to administer this paragraph.
 4524         (3) DEATH BENEFITS.—Under the Florida Public Employee
 4525  Optional Retirement System Investment Plan Program:
 4526         (a) Survivor benefits are shall be payable in accordance
 4527  with the following terms and conditions:
 4528         1. To the extent vested, Benefits are shall be payable only
 4529  to a member’s participant’s beneficiary or beneficiaries as
 4530  designated by the member participant as provided in s.
 4531  121.4501(20).
 4532         2. Benefits shall be paid by the third-party administrator
 4533  or designated approved providers in accordance with the law, the
 4534  contracts, and any applicable state board rule or policy.
 4535         3. To receive benefits under this subsection, the member
 4536  participant must be deceased.
 4537         (b) Except as provided in paragraph (d), if the employment
 4538  of a member is terminated by reason of his or her In the event
 4539  of a participant’s death:,
 4540         1. Before being vested, only the member’s accumulated
 4541  contributions are payable to his or her designated beneficiary.
 4542         2. After being vested, all vested accumulations as
 4543  described in s. 121.4501(6), less withholding taxes remitted to
 4544  the Internal Revenue Service, shall be distributed, as provided
 4545  in paragraph (c) or as described in s. 121.4501(20), as if the
 4546  member participant retired on the date of death. No other death
 4547  benefits are shall be available for survivors of members
 4548  participants under the investment plan Public Employee Optional
 4549  Retirement Program, except for such benefits, or coverage for
 4550  such benefits, as are otherwise provided by law or are
 4551  separately provided afforded by the employer, at the employer’s
 4552  discretion.
 4553         (c) Upon receipt by the third-party administrator of a
 4554  properly executed application for distribution of benefits under
 4555  paragraph (b), the total accumulated benefit is shall be payable
 4556  by the third-party administrator to the member’s participant’s
 4557  surviving beneficiary or beneficiaries, as:
 4558         1. A lump-sum distribution payable to the beneficiary or
 4559  beneficiaries, or to the deceased member’s participant’s estate;
 4560         2. An eligible rollover distribution on behalf of the
 4561  surviving spouse of a deceased member participant, whereby all
 4562  accrued benefits, plus interest and investment earnings, are
 4563  paid from the deceased member’s participant’s account directly
 4564  to the custodian of an eligible retirement plan, as described in
 4565  s. 402(c)(8)(B) of the Internal Revenue Code, on behalf of the
 4566  surviving spouse; or
 4567         3. A partial lump-sum payment whereby a portion of the
 4568  accrued benefit is paid to the deceased member’s participant’s
 4569  surviving spouse or other designated beneficiaries, less
 4570  withholding taxes remitted to the Internal Revenue Service, and
 4571  the remaining amount is transferred directly to the custodian of
 4572  an eligible retirement plan, as described in s. 402(c)(8)(B) of
 4573  the Internal Revenue Code, on behalf of the surviving spouse.
 4574  The proportions must be specified by the member participant or
 4575  the surviving beneficiary.
 4576  
 4577  This paragraph does not abrogate other applicable provisions of
 4578  state or federal law providing for payment of death benefits.
 4579         (4) LIMITATION ON LEGAL PROCESS.—The benefits payable to
 4580  any person under the Florida Public Employee Optional Retirement
 4581  System Investment Plan Program, and any contributions
 4582  accumulated under such plan program, are not subject to
 4583  assignment, execution, attachment, or any legal process, except
 4584  for qualified domestic relations orders by a court of competent
 4585  jurisdiction, income deduction orders as provided in s. 61.1301,
 4586  and federal income tax levies.
 4587         Section 27. Section 121.5911, Florida Statutes, is amended
 4588  to read:
 4589         121.5911 Disability retirement program; qualified status;
 4590  rulemaking authority.—It is the intent of the Legislature that
 4591  the disability retirement program for members participants of
 4592  the Florida Public Employee Optional Retirement System
 4593  Investment Plan Program as created in this act must meet all
 4594  applicable requirements of federal law for a qualified plan. The
 4595  department of Management Services shall seek a private letter
 4596  ruling from the Internal Revenue Service on the disability
 4597  retirement program for participants of the Public Employee
 4598  Optional Retirement Program. Consistent with the private letter
 4599  ruling, the department of Management Services shall adopt any
 4600  necessary rules necessary required to maintain the qualified
 4601  status of the disability retirement program and the Florida
 4602  Retirement System’s pension System defined benefit plan.
 4603         Section 28. Subsection (1) of section 121.70, Florida
 4604  Statutes, is amended to read:
 4605         121.70 Legislative purpose and intent.—
 4606         (1) This part provides for a uniform system for funding
 4607  benefits provided under the Florida Retirement System defined
 4608  benefit program established under part I of this chapter,
 4609  (referred to in this part as the pension plan, defined benefit
 4610  program) and under the Florida Public Employee Optional
 4611  Retirement System Investment Plan Program established under part
 4612  II of this chapter, (referred to in this part as the investment
 4613  plan optional retirement program). The Legislature recognizes
 4614  and declares that the Florida Retirement System is a single
 4615  retirement system, consisting of two retirement plans and other
 4616  nonintegrated programs. Employers and employees participating in
 4617  the Florida Retirement System collectively shall be responsible
 4618  for making contributions to support the benefits provided
 4619  afforded under both programs plans. The As provided in this
 4620  part, employers and employees participating in the Florida
 4621  Retirement System shall make contributions based upon uniform
 4622  contribution rates determined as a percentage of the total
 4623  payroll for each class or subclass of Florida Retirement System
 4624  membership, irrespective of which retirement program the plan
 4625  individual employee is enrolled in employees may elect. This
 4626  shall be known as a uniform or blended contribution rate system.
 4627         Section 29. Subsections (1) and (2) of section 121.71,
 4628  Florida Statutes, are amended, present subsections (3) and (4)
 4629  of that section are renumbered as subsections (4) and (7),
 4630  respectively, and new subsections (3), (5), and (6) are added to
 4631  that section, to read:
 4632         121.71 Uniform rates; process; calculations; levy.—
 4633         (1) In conducting the system actuarial study required under
 4634  s. 121.031, the actuary shall follow all requirements specified
 4635  thereunder to determine, by Florida Retirement System employee
 4636  membership class, the dollar contribution amounts necessary for
 4637  the next forthcoming fiscal year for the pension plan defined
 4638  benefit program. In addition, the actuary shall determine, by
 4639  Florida Retirement System membership class, based on an estimate
 4640  for the forthcoming fiscal year of the gross compensation of
 4641  employees participating in the investment plan optional
 4642  retirement program, the dollar contribution amounts necessary to
 4643  make the allocations required under ss. 121.72 and 121.73. For
 4644  each employee membership class and subclass, the actuarial study
 4645  must shall establish a uniform rate necessary to fund the
 4646  benefit obligations under both Florida Retirement System
 4647  retirement plans by dividing the sum of total dollars required
 4648  by the estimated gross compensation of members in both plans.
 4649         (2) Based on the uniform rates set forth in subsections
 4650  subsection (3), (4), and (5), employers and employees shall make
 4651  monthly contributions to the division as required under s.
 4652  121.061(1) of Retirement, which shall initially deposit the
 4653  funds into the Florida Retirement System Contributions Clearing
 4654  Trust Fund. A change in a contribution rate is effective on the
 4655  first day of the month for which a full month’s employer
 4656  contribution may be made on or after the beginning date of the
 4657  change. Beginning July 1, 2011, each employee shall contribute
 4658  the contributions required in subsection (3) to the plan. The
 4659  employer shall deduct the contribution from the employee’s
 4660  monthly salary and submit it to the division. The contributions
 4661  shall be reported as employer-paid employee contributions, and
 4662  shall be credited to the account of the employee. The
 4663  contributions shall be deducted from the employee’s salary
 4664  before the computation of applicable federal taxes and treated
 4665  as employer contributions under 26 U.S.C. 414(h)(2). Although
 4666  designated as employee contributions, the employer specifies
 4667  that the contributions are being paid by the employer in lieu of
 4668  contributions by the employee. The employee does not have the
 4669  option of choosing to receive the contributed amounts directly
 4670  instead of having them paid to the plan. Such contributions are
 4671  mandatory and each employee is deemed to have consented to the
 4672  payroll deductions. Payment of an employee’s salary or wages,
 4673  less the contribution, is a full and complete discharge and
 4674  satisfaction of all claims and demands for the service rendered
 4675  by employees during the period covered by the payment, except
 4676  for claims to benefits to which they may be entitled under this
 4677  chapter.
 4678         (3) Effective July 1, 2011, the required employee
 4679  retirement contribution rates for all members of the Florida
 4680  Retirement System shall be 2 percent for gross compensation up
 4681  to and including $25,000, 4 percent for gross compensation
 4682  greater than $25,000 and up to and including $50,000, and 6
 4683  percent for gross compensation greater than $50,000.
 4684         (4)(3) Required employer retirement contribution rates for
 4685  each membership class and subclass of the Florida Retirement
 4686  System for both retirement plans are as follows:
 4687  Membership Class                Percentage ofGrossCompensation,EffectiveJuly 1, 2011 2009Percentage ofGrossCompensation,EffectiveJuly 1, 2010
 4688                                  
 4689  Regular Class                      5.09% 8.69%          9.63%       
 4690  Special Risk Class                13.80% 19.76%         22.11%      
 4691  Special Risk Administrative Support Class   6.67% 11.39%         12.10%      
 4692  Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders   9.46% 13.32%         15.20%      
 4693  Elected Officers’ Class— Justices, Judges  12.02% 18.40%         20.65%      
 4694  Elected Officers’ Class— County Elected Officers  11.44% 15.37%         17.50%      
 4695  Senior Management Class            6.88% 11.96%         13.43%      
 4696  DROP                               3.12% 9.80%          11.14%      
 4697         (5)In order to address unfunded actuarial liabilities of
 4698  the system, the required employer retirement contribution rates
 4699  for each membership class and subclass of the Florida Retirement
 4700  System for both retirement plans are as follows:
 4701                                                                      
 4702                                                                      
 4703  Membership Class          Percentage ofGrossCompensation,EffectiveJuly 1, 2011                     
 4704  Regular Class                     0.00%                             
 4705  Special Risk Class                0.00%                             
 4706  Special Risk Administrative Support Class        0.00%                             
 4707  Elected Officers’ Class—Legislators, Governor,Lt. Governor,Cabinet Officers,State Attorneys,Public Defenders        0.00%                             
 4708  Elected Officers’ Class—Justices, Judges        0.00%                             
 4709  Elected Officers’ Class—County Elected Officers        0.00%                             
 4710  Senior Management Class           0.00%                             
 4711  DROP                              0.00%                             
 4712         (6) If a member is reported under an incorrect membership
 4713  class and the amount of contributions reported and remitted are
 4714  less than the amount required, the employer shall owe the
 4715  difference plus the delinquent fee of 1 percent for each
 4716  calendar month or part thereof that the contributions should
 4717  have been paid. This delinquent assessment may not be waived. If
 4718  the contributions reported and remitted are more than the amount
 4719  required, the employer shall receive a credit to be applied
 4720  against future contributions owed.
 4721         (7)(4) The state actuary shall recognize and use an
 4722  appropriate level of available excess assets of the Florida
 4723  Retirement System Trust Fund to offset the difference between
 4724  the normal costs of the Florida Retirement System and the
 4725  statutorily prescribed contribution rates.
 4726         Section 30. Section 121.72, Florida Statutes, is amended to
 4727  read:
 4728         121.72 Allocations to investment plan member optional
 4729  retirement program participant accounts; percentage amounts.—
 4730         (1) The allocations established in subsection (4) shall
 4731  fund retirement benefits under the investment plan under part II
 4732  of this chapter optional retirement program and shall be
 4733  transferred monthly by the division of Retirement from the
 4734  Florida Retirement System Contributions Clearing Trust Fund to
 4735  the third-party administrator for deposit in each participating
 4736  employee’s individual account based on the membership class of
 4737  the employee participant.
 4738         (2) The allocations are stated as a percentage of each
 4739  investment plan member’s optional retirement program
 4740  participant’s gross compensation for the calendar month. A
 4741  change in a contribution percentage is effective the first day
 4742  of the month for which retirement contributions a full month’s
 4743  employer contribution may be made on or after the beginning date
 4744  of the change. Contribution percentages may be modified by
 4745  general law.
 4746         (3) Employer and employee participant contributions to
 4747  member’s participant accounts shall be accounted for separately.
 4748  Participant contributions may be made only if expressly
 4749  authorized by law. Interest and investment earnings on
 4750  contributions shall accrue on a tax-deferred basis until
 4751  proceeds are distributed.
 4752         (4) Effective July 1, 2011 July 1, 2002, allocations from
 4753  the Florida Retirement System Contributions Clearing Trust Fund
 4754  to investment plan member optional retirement program
 4755  participant accounts, including employee contributions required
 4756  under s. 121.71(3), are shall be as follows:
 4757  Membership Class                      Percentage of Gross Compensation
 4758  Regular Class                                     9.00%             
 4759  Special Risk Class                                20.00%            
 4760  Special Risk Administrative Support Class            11.35%            
 4761  Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders            13.40%            
 4762  Elected Officers’ Class— Justices, Judges            18.90%            
 4763  Elected Officers’ Class— County Elected Officers            16.20%            
 4764  Senior Management Service Class                   10.95%            
 4765         Section 31. Section 121.73, Florida Statutes, is amended to
 4766  read:
 4767         121.73 Allocations for member optional retirement program
 4768  participant disability coverage; percentage amounts.—
 4769         (1) The allocations established in subsection (3) shall be
 4770  used to provide disability coverage for members of the
 4771  investment plan participants in the optional retirement program
 4772  and shall be transferred monthly by the division of Retirement
 4773  from the Florida Retirement System Contributions Clearing Trust
 4774  Fund to the disability account of the Florida Retirement System
 4775  Trust Fund.
 4776         (2) The allocations are stated as a percentage of each
 4777  investment plan member’s optional retirement program
 4778  participant’s gross compensation for the calendar month. A
 4779  change in a contribution percentage is effective the first day
 4780  of the month for which retirement contributions a full month’s
 4781  employer contribution may be made on or after the beginning date
 4782  of the change. Contribution percentages may be modified by
 4783  general law.
 4784         (3) Effective July 1, 2002, allocations from the Florida
 4785  Retirement System FRS Contribution Clearing Fund to provide
 4786  disability coverage for members of the investment plan
 4787  participants in the optional retirement program, and to offset
 4788  the costs of administering said coverage, shall be as follows:
 4789  Membership Class                      Percentage of Gross Compensation
 4790  Regular Class                                     0.25%             
 4791  Special Risk Class                                1.33%             
 4792  Special Risk Administrative Support Class            0.45%             
 4793  Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders            0.41%             
 4794  Elected Officers’ Class— Justices, Judges            0.73%             
 4795  Elected Officers’ Class— County Elected Officers            0.41%             
 4796  Senior Management Service Class                   0.26%             
 4797         (4) Effective July 1, 2011, allocations from the Florida
 4798  Retirement System Contribution Clearing Fund to provide
 4799  disability coverage for members of the investment plan and to
 4800  offset the costs of administering such coverage shall be the
 4801  actuarially indicated amount necessary to fund the statutorily
 4802  authorized benefit for the plan year as determined by the
 4803  department’s actuary.
 4804         Section 32. Section 121.74, Florida Statutes, is amended to
 4805  read:
 4806         121.74 Administrative and educational expenses.—In addition
 4807  to contributions required under ss. s. 121.71 and 121.73,
 4808  effective July 1, 2010, through June 30, 2014, employers
 4809  participating in the Florida Retirement System shall contribute
 4810  an amount equal to 0.03 percent of the payroll reported for each
 4811  class or subclass of Florida Retirement System membership;
 4812  effective July 1, 2014, the contribution rate shall be 0.04
 4813  percent of the payroll reported for each class or subclass of
 4814  membership. The amount contributed shall be transferred by the
 4815  division of Retirement from the Florida Retirement System
 4816  Contributions Clearing Trust Fund to the state board’s Board of
 4817  Administration’s administrative trust fund to offset the costs
 4818  of administering the investment plan optional retirement program
 4819  and the costs of providing educational services to members
 4820  participating participants in the pension plan defined benefit
 4821  program and the investment plan optional retirement program.
 4822  Approval of the trustees is required before the expenditure of
 4823  these funds. Payments for third-party administrative or
 4824  educational expenses shall be made only pursuant to the terms of
 4825  the approved contracts for such services.
 4826         Section 33. Section 121.75, Florida Statutes, is amended to
 4827  read:
 4828         121.75 Allocation for pension plan defined benefit
 4829  program.—After making the transfers required pursuant to ss.
 4830  121.71, 121.72, 121.73, and 121.74, the monthly balance of funds
 4831  in the Florida Retirement System Contributions Clearing Trust
 4832  Fund shall be transferred to the Florida Retirement System Trust
 4833  Fund to pay the costs of providing pension plan defined benefit
 4834  program benefits and plan administrative costs under the pension
 4835  plan defined benefit program.
 4836         Section 34. Section 121.77, Florida Statutes, is amended to
 4837  read:
 4838         121.77 Deductions from member participant accounts.—The
 4839  State Board of Administration may authorize the third-party
 4840  administrator to deduct reasonable fees and apply appropriate
 4841  charges to investment plan member optional retirement program
 4842  participant accounts. In no event may shall administrative and
 4843  educational expenses exceed the portion of employer
 4844  contributions earmarked for such expenses under this part,
 4845  except for reasonable administrative charges assessed against
 4846  member participant accounts of persons for whom no employer
 4847  contributions are made during the calendar quarter. Investment
 4848  management fees shall be deducted from member participant
 4849  accounts, pursuant to the terms of the contract between the
 4850  provider and the board.
 4851         Section 35. Subsections (1) and (3) of section 121.78,
 4852  Florida Statutes, are amended to read:
 4853         121.78 Payment and distribution of contributions.—
 4854         (1) Contributions made pursuant to this part, including the
 4855  employee contributions, shall be paid by the employer to the
 4856  division of Retirement by electronic funds transfer no later
 4857  than the 5th working day of the month immediately following the
 4858  month during which the payroll period ended. Accompanying
 4859  payroll data must be transmitted to the division concurrent with
 4860  the contributions.
 4861         (3)(a) Employer and employee contributions and accompanying
 4862  payroll data received after the 5th working day of the month are
 4863  considered late. The employer shall be assessed by the division
 4864  of Retirement a penalty of 1 percent of the contributions due
 4865  for each calendar month or part thereof that the contributions
 4866  or accompanying payroll data are late. Proceeds from the 1
 4867  percent 1-percent assessment against contributions made on
 4868  behalf of members of the pension plan participants of the
 4869  defined benefit program shall be deposited in the Florida
 4870  Retirement System Trust Fund, and proceeds from the 1 percent 1
 4871  percent assessment against contributions made on behalf of
 4872  members of the investment plan participants of the optional
 4873  retirement program shall be transferred to the third-party
 4874  administrator for deposit into member participant accounts, as
 4875  provided in paragraph (c) (b).
 4876         (b)Retirement contributions paid for a prior period shall
 4877  be charged a delinquent fee of 1 percent for each calendar month
 4878  or part thereof that the contributions should have been paid.
 4879  This includes prior period contributions due to incorrect wages,
 4880  contributions from an earlier report or wages, and contributions
 4881  that should have been reported but were not. The delinquent
 4882  assessments may not be waived.
 4883         (c)(b) If employee contributions or contributions made by
 4884  an employer on behalf of members of the investment plan
 4885  participants of the optional retirement program or accompanying
 4886  payroll data are not received within the calendar month they are
 4887  due, including, but not limited to, contribution adjustments as
 4888  a result of employer errors or corrections, and if that
 4889  delinquency results in market losses to members participants,
 4890  the employer shall reimburse each member’s participant’s account
 4891  for market losses resulting from the late contributions. If a
 4892  member participant has terminated employment and taken a
 4893  distribution, the member participant is responsible for
 4894  returning any excess contributions erroneously provided by
 4895  employers, adjusted for any investment gain or loss incurred
 4896  during the period such excess contributions were in the member’s
 4897  participant’s account. The state board or its designated agent
 4898  shall communicate to terminated members participants any
 4899  obligation to repay such excess contribution amounts. However,
 4900  the state board, its designated agents, the Florida Public
 4901  Employee Optional Retirement System Investment Plan Program
 4902  Trust Fund, the department, or the Florida Retirement System
 4903  Trust Fund may not incur any loss or gain as a result of an
 4904  employer’s correction of such excess contributions. The third
 4905  party administrator, hired by the state board pursuant to s.
 4906  121.4501(8), shall calculate the market losses for each affected
 4907  member participant. If contributions made on behalf of members
 4908  of the investment plan participants of the optional retirement
 4909  program or accompanying payroll data are not received within the
 4910  calendar month due, the employer shall also pay the cost of the
 4911  third-party administrator’s calculation and reconciliation
 4912  adjustments resulting from the late contributions. The third
 4913  party administrator shall notify the employer of the results of
 4914  the calculations and the total amount due from the employer for
 4915  such losses and the costs of calculation and reconciliation. The
 4916  employer shall remit to the division of Retirement the amount
 4917  due within 30 working days after the date of the penalty notice
 4918  sent by the division. The division shall transfer that amount to
 4919  the third-party administrator, which shall deposit proceeds from
 4920  the 1 percent 1-percent assessment and from individual market
 4921  losses into member participant accounts, as appropriate. The
 4922  state board may adopt rules to administer the provisions
 4923  regarding late contributions, late submission of payroll data,
 4924  the process for reimbursing member participant accounts for
 4925  resultant market losses, and the penalties charged to the
 4926  employers.
 4927         (d) If employee contributions reported by an employer on
 4928  behalf of the employee are reduced as a result of employer
 4929  errors or corrections and the employee has terminated employment
 4930  and taken a refund or distribution, the employer shall be billed
 4931  and is responsible for recovering from the employee any excess
 4932  contributions erroneously provided by the employer.
 4933         (e)(c) Delinquency fees specified in paragraph (a) may be
 4934  waived by the division of Retirement, with regard to pension
 4935  plan defined benefit program contributions, and by the state
 4936  board, with regard to investment plan optional retirement
 4937  program contributions, only if, in the opinion of the division
 4938  or the board, as appropriate, exceptional circumstances beyond
 4939  the employer’s control prevented remittance by the prescribed
 4940  due date notwithstanding the employer’s good faith efforts to
 4941  effect delivery. Such a waiver of delinquency may be granted an
 4942  employer only once each plan state fiscal year.
 4943         (f) If the employer submits excess employer or employee
 4944  contributions, the employer shall receive a credit to be applied
 4945  against future contributions owed. The employer is responsible
 4946  for reimbursing the employee for any excess contributions
 4947  submitted if any return of such an erroneous excess pretax
 4948  contribution by the program is made within 1 year after making
 4949  erroneous contributions or such other period as allowed under
 4950  applicable Internal Revenue Service guidance.
 4951         (g)(d) If contributions made by an employer on behalf of
 4952  members of the investment program participants in the optional
 4953  retirement program are delayed in posting to member participant
 4954  accounts due to acts of God beyond the control of the division
 4955  of Retirement, the state board, or the third-party
 4956  administrator, as applicable, market losses resulting from the
 4957  late contributions are not payable to the members participants.
 4958         Section 36. Subsection (1) of section 175.121, Florida
 4959  Statutes, is amended to read:
 4960         175.121 Department of Revenue and Division of Retirement to
 4961  keep accounts of deposits; disbursements.—For any municipality
 4962  or special fire control district having a chapter or local law
 4963  plan established pursuant to this chapter:
 4964         (1) The Department of Revenue shall keep a separate account
 4965  of all moneys collected for each municipality and each special
 4966  fire control district pursuant to under the provisions of this
 4967  chapter. All moneys so collected must be transferred to the
 4968  Police and Firefighters’ Premium Tax Trust Fund and shall be
 4969  separately accounted for by the division. The moneys budgeted as
 4970  necessary to pay the expenses of the division for the daily
 4971  oversight and monitoring of the firefighters’ pension plans
 4972  under this chapter and for the oversight and actuarial reviews
 4973  conducted under part VII of chapter 112 are annually
 4974  appropriated from the following sources in the order listed:
 4975         (a) Interest and investment income earned on the moneys
 4976  collected for each municipality or special fire control district
 4977  and deposited in the Police and Firefighters’ Premium Tax Trust
 4978  Fund. Interest and investment income remaining thereafter in the
 4979  trust fund which is unexpended and otherwise unallocated by law
 4980  shall revert to the General Revenue Fund on June 30 of each
 4981  year.
 4982         (b) Moneys collected for each municipality or special fire
 4983  control district and deposited in the Police and Firefighters’
 4984  Premium Tax Trust Fund. Moneys used pursuant to this paragraph
 4985  shall be reimbursed during years in which there is an excess of
 4986  interest and investment income under paragraph (a).
 4987         Section 37. Subsection (1) of section 175.341, Florida
 4988  Statutes, is amended to read:
 4989         175.341 Duties of Division of Retirement; rulemaking
 4990  authority; investments by State Board of Administration.—
 4991         (1) The division is shall be responsible for the daily
 4992  oversight and monitoring of the for actuarial soundness of the
 4993  firefighters’ pension plans, whether chapter or local law plans,
 4994  established under this chapter, for receiving and holding the
 4995  premium tax moneys collected under this chapter, and, upon
 4996  determining compliance with the provisions of this chapter, for
 4997  disbursing those moneys to the firefighters’ pension plans. The
 4998  funds necessary to pay expenses for such administration shall be
 4999  annually appropriated as provided in s. 175.121(1) from the
 5000  interest and investment income earned on moneys deposited in the
 5001  trust fund.
 5002         Section 38. Subsection (1) of section 185.10, Florida
 5003  Statutes, is amended to read:
 5004         185.10 Department of Revenue and Division of Retirement to
 5005  keep accounts of deposits; disbursements.—For any municipality
 5006  having a chapter plan or local law plan under this chapter:
 5007         (1) The Department of Revenue shall keep a separate account
 5008  of all moneys collected for each municipality pursuant to under
 5009  the provisions of this chapter. All moneys so collected must be
 5010  transferred to the Police and Firefighters’ Premium Tax Trust
 5011  Fund and shall be separately accounted for by the division. The
 5012  moneys budgeted as necessary to pay the expenses of the division
 5013  for the daily oversight and monitoring of the police officers’
 5014  retirement plans under this chapter and for the oversight and
 5015  actuarial reviews conducted under part VII of chapter 112 are
 5016  annually appropriated from the following sources in the order
 5017  listed:
 5018         (a) Interest and investment income earned on the moneys
 5019  collected for each municipality or special fire control district
 5020  and deposited in the Police and Firefighters’ Premium Tax Trust
 5021  Fund. Interest and investment income remaining thereafter in the
 5022  trust fund which is unexpended and otherwise unallocated by law
 5023  shall revert to the General Revenue Fund on June 30 of each
 5024  year.
 5025         (b)Moneys collected for each municipality or special fire
 5026  control district and deposited in the Police and Firefighters’
 5027  Premium Tax Trust Fund. Moneys used pursuant to this paragraph
 5028  shall be reimbursed during years in which there is an excess of
 5029  interest and investment income under paragraph (a).
 5030         Section 39. Subsection (1) of section 185.23, Florida
 5031  Statutes, is amended to read:
 5032         185.23 Duties of Division of Retirement; rulemaking
 5033  authority; investments by State Board of Administration.—
 5034         (1) The division is shall be responsible for the daily
 5035  oversight and monitoring of the for actuarial soundness of the
 5036  municipal police officers’ retirement plans, whether chapter or
 5037  local law plans, established under this chapter, for receiving
 5038  and holding the premium tax moneys collected under this chapter,
 5039  and, upon determining compliance with the provisions of this
 5040  chapter, for disbursing those moneys to the municipal police
 5041  officers’ retirement plans. The funds to pay the expenses for
 5042  such administration shall be annually appropriated as provided
 5043  in s. 185.10(1) from the interest and investment income earned
 5044  on moneys deposited in the trust fund.
 5045         Section 40. Subsection (1) of section 250.22, Florida
 5046  Statutes, is amended to read:
 5047         250.22 Retirement.—
 5048         (1) Any person who is at least 62 years of age and who has
 5049  completed at least not less than 30 years of service as an
 5050  officer or enlisted person in the Florida National Guard,
 5051  (exclusive of time served on the inactive or retired lists,) on,
 5052  before, or subsequent to the passage of this section is eligible
 5053  upon application, whether on the active or retired list of the
 5054  Florida National Guard, to be retired under the provisions of
 5055  this section at the highest rank attained while serving in the
 5056  Florida National Guard or the federal military forces.
 5057         (a) Such person, and shall initially receive pay in an
 5058  amount equal to one-half of the base pay as is now or hereafter
 5059  may be prescribed on the date of retirement in the applicable
 5060  pay tables for similar grades and periods of service of
 5061  personnel in the United States Army or Air Force if; provided
 5062  that, in computing service in the Florida National Guard,
 5063  service in federal military forces during a period of war or
 5064  upon order of the President of the United States, in any
 5065  military duty, where the applicant has been inducted from the
 5066  Florida National Guard is shall be included; and provided
 5067  further that, in computing such service performed after July 1,
 5068  1955, only federally recognized service is shall be included.
 5069  Eligibility for retirement under this section is in addition to
 5070  any other retirement that such person is eligible to receive;
 5071  provided, however, such that retirement pay under this section
 5072  shall be reduced by any amount of retirement pay, pension, or
 5073  compensation which such person is eligible to receive from the
 5074  Federal Government for military service. Unless otherwise
 5075  provided by law, effective July 1, 2011, the retirement pay of a
 5076  member or former member of the Florida National Guard may not be
 5077  recomputed to reflect an increase in the rates of base pay for
 5078  active members of the armed forces.
 5079         (b) Effective July 1, 2012, and annually thereafter on July
 5080  1, the Division of Retirement shall adjust the retirement pay of
 5081  persons eligible under this section based on s. 121.101(3).
 5082         Section 41. Paragraph (a) of subsection (4) of section
 5083  1012.875, Florida Statutes, is amended to read:
 5084         1012.875 State Community College System Optional Retirement
 5085  Program.—Each community college may implement an optional
 5086  retirement program, if such program is established therefor
 5087  pursuant to s. 1001.64(20), under which annuity or other
 5088  contracts providing retirement and death benefits may be
 5089  purchased by, and on behalf of, eligible employees who
 5090  participate in the program, in accordance with s. 403(b) of the
 5091  Internal Revenue Code. Except as otherwise provided herein, this
 5092  retirement program, which shall be known as the State Community
 5093  College System Optional Retirement Program, may be implemented
 5094  and administered only by an individual community college or by a
 5095  consortium of community colleges.
 5096         (4)(a) Through June 30, 2011, each college must contribute
 5097  on behalf of each program member participant an amount equal to
 5098  10.43 percent of the employee’s participant’s gross monthly
 5099  compensation. Effective July 1, 2011, each member shall
 5100  contribute an amount equal to the employee contribution required
 5101  under s. 121.71(3). Effective July 1, 2011, each employer shall
 5102  contribute on behalf of each program member an amount equal to
 5103  the difference between 10.43 percent of the employee’s gross
 5104  monthly compensation and the employee’s required contribution
 5105  based on the employee’s gross monthly compensation. The college
 5106  shall deduct an amount approved by the district board of
 5107  trustees of the college to provide for the administration of the
 5108  optional retirement program. Payment of this contribution must
 5109  be made either directly by the college or through the program
 5110  administrator to the designated company contracting for payment
 5111  of benefits to the program member participant.
 5112         Section 42. The Legislature finds that a proper and
 5113  legitimate state purpose is served when employees and retirees
 5114  of the state and its political subdivisions, and the dependents,
 5115  survivors, and beneficiaries of such employees and retirees, are
 5116  extended the basic protections afforded by governmental
 5117  retirement systems. These persons must be provided benefits that
 5118  are fair and adequate and that are managed, administered, and
 5119  funded in an actuarially sound manner, as required by s. 14,
 5120  Article X of the State Constitution and part VII of chapter 112,
 5121  Florida Statutes. Therefore, the Legislature determines and
 5122  declares that this act fulfills an important state interest.
 5123         Section 43. The Division of Statutory Revision is requested
 5124  to rename the title of part II of chapter 121, Florida Statutes,
 5125  as “Florida Retirement System Investment Plan.”
 5126         Section 44. (1) Effective upon this act becoming a law, the
 5127  State Board of Administration and the Department of Management
 5128  Services shall, as soon as practicable, request a determination
 5129  letter and private letter ruling from the United States Internal
 5130  Revenue Service. If the Internal Revenue Service refuses to act
 5131  upon a request for a private letter ruling, the legal opinion
 5132  from a qualified tax attorney or firm may be substituted for the
 5133  private letter ruling.
 5134         (2) If the board or the department receives notification
 5135  from the United States Internal Revenue Service that this act or
 5136  any portion of this act will cause the Florida Retirement
 5137  System, or a portion thereof, to be disqualified for tax
 5138  purposes under the Internal Revenue Code, then that portion does
 5139  not apply. Upon such notice, the state board and the department
 5140  shall notify the presiding officers of the Legislature.
 5141         Section 45. This act shall take effect June 30, 2011.