Florida Senate - 2012                                    SB 1780
       
       
       
       By Senator Siplin
       
       
       
       
       19-01335-12                                           20121780__
    1                        A bill to be entitled                      
    2         An act relating to retirement; amending ss. 110.123,
    3         112.0801, 112.363, 112.65, and 121.011, F.S.;
    4         conforming provisions to changes made by the act;
    5         amending s. 121.021, F.S.; revising definitions;
    6         amending s. 121.051, F.S.; deleting requirement that a
    7         local governmental entity or the governing body of a
    8         charter school or charter technical career center make
    9         certain elections regarding benefits at the time the
   10         entity or governing body joins the Florida Retirement
   11         System; deleting requirement of employee retirement
   12         contributions; deleting provision providing that
   13         employer-paid employee contributions are subject to
   14         certain taxes; amending s. 121.0515, F.S.; redefining
   15         membership in the Special Risk Class; redefining
   16         criteria for Special Risk Class membership; amending
   17         s. 121.052, F.S., relating to the membership class of
   18         elected officers; conforming provisions to changes
   19         made by the act; deleting requirement of member
   20         contributions; deleting provision providing for a
   21         refund of contributions under certain circumstances
   22         for an officer who leaves office; deleting provision
   23         providing that a member who obtains a refund of
   24         contributions waives certain rights under the Florida
   25         Retirement System; amending s. 121.053, F.S.;
   26         clarifying the employer contributions required for
   27         Elected Officers’ Class members who participate in the
   28         Deferred Retirement Option Program; amending s.
   29         121.055, F.S., relating to the Senior Management
   30         Service Class; conforming provisions to changes made
   31         by the act; deleting requirement of employee
   32         contributions; deleting a provision providing for a
   33         refund of contributions under certain circumstances
   34         for a member who terminates employment; deleting a
   35         provision providing that a member who obtains a refund
   36         of contributions waives certain rights under the
   37         Florida Retirement System; deleting a provision
   38         limiting the payment of benefits prior to a
   39         participant’s termination of employment; amending s.
   40         121.061, F.S.; conforming provisions to changes made
   41         by the act; amending s. 121.071, F.S.; requiring
   42         employer contributions to the retirement system;
   43         revising provisions relating to the refund of
   44         contributions under certain circumstances after
   45         termination of employment; deleting a provision
   46         providing that a member who obtains a refund of
   47         contributions waives certain rights under the Florida
   48         Retirement System; deleting a provision requiring
   49         repayment plus interest of an invalid refund; amending
   50         s. 121.081, F.S.; revising requirements for
   51         contributions for prior service performed on or after
   52         a certain date; amending s. 121.091, F.S.; modifying
   53         the early retirement benefit calculation for those
   54         members retiring on or after a certain date or before
   55         the normal retirement date to reflect the change in
   56         normal retirement age; revising provisions relating to
   57         disability retirement for judges; revising provisions
   58         providing for the refund of accumulated contributions
   59         if a member’s employment is terminated for any reason
   60         other than retirement; revising the interest rate on
   61         benefits for members enrolling in DROP after a certain
   62         date; conforming provisions to changes made by the
   63         act; amending s. 121.1001, F.S.; conforming provisions
   64         to changes made by the act; amending s. 121.101, F.S.;
   65         revising the cost-of-living adjustment depending on
   66         the date of retirement; amending s. 121.1115, F.S.;
   67         conforming provisions to changes made by the act;
   68         amending s. 121.1122, F.S.; conforming provisions to
   69         changes made by the act; amending s. 121.121, F.S.;
   70         deleting a provision requiring that the purchase of
   71         creditable service after an authorized leave of
   72         absence be purchased at the employer and employee
   73         contribution rates in effect during the leave of
   74         absence after a certain date; amending s. 121.125,
   75         F.S.; deleting a provision requiring that a penalty be
   76         assessed against certain employers that fail to pay
   77         the required contributions for workers’ compensation;
   78         reenacting s. 121.161, F.S.; conforming provisions to
   79         changes made by the act; amending s. 121.182, F.S.;
   80         conforming provisions to changes made by the act;
   81         amending s. 121.35, F.S., relating to the optional
   82         retirement program for the State University System;
   83         deleting requirement of employee contributions;
   84         deleting a provision limiting the payment of benefits
   85         before a participant’s termination of employment;
   86         conforming provisions to changes made by the act;
   87         amending s. 121.355, F.S.; conforming provisions to
   88         changes made by the act; amending s. 121.4501, F.S.;
   89         changing the name of the Florida Retirement System
   90         Investment Plan to the Public Employee Optional
   91         Retirement Program; revising and providing
   92         definitions; revising the benefit commencement age for
   93         a member enrolled on or after a certain date; deleting
   94         a provision providing for contribution adjustments as
   95         a result of employer errors or corrections; deleting a
   96         provision requiring an employer to receive a credit
   97         for excess contributions and to reimburse an employee
   98         for excess contributions, subject to certain
   99         limitations; deleting a provision providing for a
  100         pension plan participant to retain his or her prior
  101         plan choice after a return to employment; deleting a
  102         provision prohibiting a retiree who is reemployed from
  103         renewing membership in the plan; deleting a provision
  104         limiting certain refunds of contributions which exceed
  105         the amount that would have accrued had the member
  106         remained in the defined benefit program; revising
  107         certain requirements and limitations with respect to
  108         contributions; clarifying that participant and
  109         employer contributions are earmarked for specified
  110         purposes; revising vesting requirements; conforming
  111         provisions to changes made by the act; amending s.
  112         121.4502, F.S.; changing the name of the Florida
  113         Retirement System Investment Plan Trust Fund to the
  114         Public Employee Optional Retirement Program Trust
  115         Fund; amending s. 121.4503, F.S.; conforming
  116         provisions to changes made by the act; amending s.
  117         121.571, F.S.; revising requirements for submitting
  118         Public Employee Optional Retirement Program
  119         contributions; amending s. 121.591, F.S.; revising
  120         provisions relating to the payment of benefits prior
  121         to a member’s termination of employment; deleting a
  122         provision providing for the forfeiture of nonvested
  123         accumulations and service credits upon payment of
  124         certain vested benefits; deleting a provision
  125         providing that the distribution payment method
  126         selected by the member or beneficiary is final and
  127         irrevocable at the time of benefit distribution;
  128         deleting a provision prohibiting a distribution of
  129         employee contributions if a qualified domestic
  130         relations order is filed against the participant’s
  131         account; conforming provisions to changes made by the
  132         act; amending s. 121.5911, F.S.; conforming provisions
  133         to changes made by the act; amending s. 121.70, F.S.;
  134         revising legislative intent; amending s. 121.71, F.S.;
  135         deleting provisions requiring that employee
  136         contributions be deducted from the employee’s monthly
  137         salary, beginning on a specified date, and treated as
  138         employer contributions under certain provisions of
  139         federal law; deleting a provision clarifying that an
  140         employee may not receive such contributions directly;
  141         specifying the required employee retirement
  142         contribution rates for the membership of each
  143         membership class and subclass of the Florida
  144         Retirement System; specifying the required employer
  145         retirement contribution rates for each membership
  146         class and subclass of the Florida Retirement System in
  147         order to address unfunded actuarial liabilities of the
  148         system; deleting a provision requiring an assessment
  149         to be imposed if the employee contributions remitted
  150         are less than the amount required under certain
  151         circumstances; deleting a provision providing for the
  152         employer to receive a credit for excess contributions
  153         remitted and to apply such credit against future
  154         contributions owed; amending ss. 121.72, 121.73,
  155         121.74, 121.75, and 121.77, F.S.; conforming
  156         provisions to changes made by the act; amending s.
  157         121.78, F.S.; deleting a provision requiring that
  158         certain fees be imposed for delinquent payments for
  159         retirement contributions; deleting a provision
  160         providing that an employer is responsible for
  161         recovering any refund provided to an employee in
  162         error; revising the terms of an authorized waiver of
  163         delinquency; deleting a provision requiring an
  164         employer to receive a credit for excess contributions
  165         and to reimburse an employee for excess contributions,
  166         subject to certain limitations; amending s. 1012.875,
  167         F.S.; deleting requirement of employer and employee
  168         contributions for members of the State Community
  169         College System Optional Retirement Program on a
  170         certain date; deleting a provision limiting the
  171         payment of benefits prior to a participant’s
  172         termination of employment; requiring the state to
  173         refund employee contributions plus interest made by
  174         participants between July 1, 2011, and June 30, 2012,
  175         at the actuarial assumption rate as determined by the
  176         Division of Retirement; providing legislative
  177         findings; providing that the act fulfills an important
  178         state interest; providing an effective date.
  179  
  180  Be It Enacted by the Legislature of the State of Florida:
  181  
  182         Section 1. Paragraph (g) of subsection (2) of section
  183  110.123, Florida Statutes, is amended to read:
  184         110.123 State group insurance program.—
  185         (2) DEFINITIONS.—As used in this section, the term:
  186         (g) “Retired state officer or employee” or “retiree” means
  187  any state or state university officer or employee who retires
  188  under a state retirement system or a state optional annuity or
  189  retirement program or is placed on disability retirement, and
  190  who was insured under the state group insurance program at the
  191  time of retirement, and who begins receiving retirement benefits
  192  immediately after retirement from state or state university
  193  office or employment. In addition to these requirements, The
  194  term also includes any state officer or state employee who
  195  retires under the Public Employee Optional Retirement Program
  196  Florida Retirement System Investment Plan established under part
  197  II of chapter 121 shall be considered a retired state officer or
  198  employee or retiree if he or she:
  199         1. Meets the age and service requirements to qualify for
  200  normal retirement as set forth in s. 121.021(29); or
  201         2. Has attained the age specified by s. 72(t)(2)(A)(i) of
  202  the Internal Revenue Code and has 6 years of creditable service.
  203         Section 2. Section 112.0801, Florida Statutes, is amended
  204  to read:
  205         112.0801 Group insurance; participation by retired
  206  employees.—
  207         (1) Any state agency, county, municipality, special
  208  district, community college, or district school board that
  209  provides life, health, accident, hospitalization, or annuity
  210  insurance, or all of any kinds of such insurance, for its
  211  officers and employees and their dependents upon a group
  212  insurance plan or self-insurance plan shall allow all former
  213  personnel who have retired before October 1, 1987, as well as
  214  those who retire on or after such date, and their eligible
  215  dependents, the option of continuing to participate in such the
  216  group insurance plan or self-insurance plan. Retirees and their
  217  eligible dependents shall be offered the same health and
  218  hospitalization insurance coverage as is offered to active
  219  employees at a premium cost of no more than the premium cost
  220  applicable to active employees. For the retired employees and
  221  their eligible dependents, the cost of any such continued
  222  participation in any type of plan or any of the cost thereof may
  223  be paid by the employer or by the retired employees. To
  224  determine health and hospitalization plan costs, the employer
  225  shall commingle the claims experience of the retiree group with
  226  the claims experience of the active employees; and, for other
  227  types of coverage, the employer may commingle the claims
  228  experience of the retiree group with the claims experience of
  229  active employees. Retirees covered under Medicare may be
  230  experience-rated separately from the retirees not covered by
  231  Medicare and from active employees, provided that if the total
  232  premium does not exceed that of the active group and coverage is
  233  basically the same as for the active group.
  234         (2) For purposes of this section, “retiree” means any
  235  officer or employee who retires under a state retirement system
  236  or a state optional annuity or retirement program or is placed
  237  on disability retirement and who begins receiving retirement
  238  benefits immediately after retirement from employment. In
  239  addition to these requirements, any officer or employee who
  240  retires under the Public Employee Optional Retirement Program
  241  Florida Retirement System Investment Plan established under part
  242  II of chapter 121 is considered a “retired officer or employee”
  243  or “retiree” as used in this section if he or she:
  244         (a) Meets the age and service requirements to qualify for
  245  normal retirement as set forth in s. 121.021(29); or
  246         (b) Has attained the age specified by s. 72(t)(2)(A)(i) of
  247  the Internal Revenue Code and has 6 years of creditable service
  248  the years of service required for vesting as set forth in s.
  249  121.021(45).
  250         Section 3. Paragraphs (b) and (c) of subsection (2) and
  251  paragraph (e) of subsection (3) of section 112.363, Florida
  252  Statutes, are amended to read:
  253         112.363 Retiree health insurance subsidy.—
  254         (2) ELIGIBILITY FOR RETIREE HEALTH INSURANCE SUBSIDY.—
  255         (b) For purposes of this section, a person is deemed
  256  retired from a state-administered retirement system when he or
  257  she terminates employment with all employers participating in
  258  the Florida Retirement System as described in s. 121.021(39)
  259  and:
  260         1. For a participant member of the Public Employee Optional
  261  Retirement Program investment plan established under part II of
  262  chapter 121, the participant meets the age or service
  263  requirements to qualify for normal retirement as set forth in s.
  264  121.021(29) and meets the definition of retiree in s.
  265  121.4501(2).
  266         2. For a member of the Florida Retirement System defined
  267  benefit program Pension Plan, or any employee who maintains
  268  creditable service under both the defined benefit program
  269  pension plan and the Public Employee Optional Retirement Program
  270  investment plan, the member begins drawing retirement benefits
  271  from the defined benefit program of the Florida Retirement
  272  System pension plan.
  273         (c)1. Effective July 1, 2001, any person retiring on or
  274  after such that date as a member of the Florida Retirement
  275  System, including any participant a member of the defined
  276  contribution program investment plan administered pursuant to
  277  part II of chapter 121, must have satisfied the vesting
  278  requirements for his or her membership class under the Florida
  279  Retirement System defined benefit program pension plan as
  280  administered under part I of chapter 121.
  281         2. Notwithstanding the provisions of subparagraph 1.,
  282  However, a person retiring due to disability must either qualify
  283  for a regular or in-line-of-duty disability benefit as provided
  284  in s. 121.091(4) or qualify for a disability benefit under a
  285  disability plan established under part II of chapter 121, as
  286  appropriate.
  287         (3) RETIREE HEALTH INSURANCE SUBSIDY AMOUNT.—
  288         (e)1. Beginning July 1, 2001, each eligible retiree of the
  289  defined benefit program pension plan of the Florida Retirement
  290  System, or, if the retiree is deceased, his or her beneficiary
  291  who is receiving a monthly benefit from such retiree’s account
  292  and who is a spouse, or a person who meets the definition of
  293  joint annuitant in s. 121.021(28), shall receive a monthly
  294  retiree health insurance subsidy payment equal to the number of
  295  years of creditable service, as defined in s. 121.021(17),
  296  completed at the time of retirement multiplied by $5; however,
  297  no eligible retiree or beneficiary may receive a subsidy payment
  298  of more than $150 or less than $30. If there are multiple
  299  beneficiaries, the total payment must may not be greater than
  300  the payment to which the retiree was entitled. The health
  301  insurance subsidy amount payable to any person receiving the
  302  retiree health insurance subsidy payment on July 1, 2001, shall
  303  may not be reduced solely by operation of this subparagraph.
  304         2. Beginning July 1, 2002, each eligible participant member
  305  of the Public Employee Optional Retirement Program investment
  306  plan of the Florida Retirement System who has met the
  307  requirements of this section, or, if the participant member is
  308  deceased, his or her spouse who is the participant’s member’s
  309  designated beneficiary, shall receive a monthly retiree health
  310  insurance subsidy payment equal to the number of years of
  311  creditable service, as provided in this subparagraph, completed
  312  at the time of retirement, multiplied by $5; however, no an
  313  eligible retiree or beneficiary may not receive a subsidy
  314  payment of more than $150 or less than $30. For purposes of
  315  determining a participant’s member’s creditable service used to
  316  calculate the health insurance subsidy, a participant’s member’s
  317  years of service credit or fraction thereof shall be based on
  318  the participant’s member’s work year as defined in s.
  319  121.021(54). Credit shall must be awarded for a full work year
  320  whenever if health insurance subsidy contributions have been
  321  made as required by law for each month in the participant’s
  322  member’s work year. In addition, all years of creditable service
  323  retained under the Florida Retirement System defined benefit
  324  program shall Pension Plan must be included as creditable
  325  service for purposes of this section. Notwithstanding any other
  326  provision in this section to the contrary, the spouse at the
  327  time of death shall be is the participant’s member’s beneficiary
  328  unless such participant member has designated a different
  329  beneficiary subsequent to the participant’s member’s most recent
  330  marriage.
  331         Section 4. Subsection (1) of section 112.65, Florida
  332  Statutes, is amended to read:
  333         112.65 Limitation of benefits.—
  334         (1) ESTABLISHMENT OF PROGRAM.—The normal retirement benefit
  335  or pension payable to a retiree who becomes a member of any
  336  retirement system or plan and who has not previously
  337  participated in such plan, on or after January 1, 1980, shall
  338  may not exceed 100 percent of his or her average final
  339  compensation. However, nothing contained in this section shall
  340  does not apply to supplemental retirement benefits or to pension
  341  increases attributable to cost-of-living increases or
  342  adjustments. For the purposes of this section, benefits accruing
  343  in individual participant member accounts established under the
  344  Public Employee Optional Retirement Program investment plan
  345  established in part II of chapter 121 are considered
  346  supplemental benefits. As used in this section, the term
  347  “average final compensation” means the average of the member’s
  348  earnings over a period of time which the governmental entity has
  349  established by statute, charter, or ordinance.
  350         Section 5. Paragraphs (g) and (h) of subsection (3) of
  351  section 121.011, Florida Statutes, are amended to read:
  352         121.011 Florida Retirement System.—
  353         (3) PRESERVATION OF RIGHTS.—
  354         (g) Any member of the Florida Retirement System or any
  355  member of an existing system under this chapter who is not
  356  retired and who is, has been, or shall be dismissed from
  357  employment shall be considered terminated from active membership
  358  in such system.
  359         1. If such dismissal is rescinded by proper authority or
  360  through legal proceedings, the member is eligible to receive
  361  retirement service credit for such period of dismissal provided
  362  if:
  363         a. The dismissal action taken against the member is
  364  determined to be incorrect and is negated, the employee is made
  365  whole for the period of the dismissal or any portion thereof,
  366  and employment is reinstated; and
  367         b. The employer pays into the Retirement System Trust Fund
  368  the total required employer contributions for the period for
  369  which the employee is made whole, plus interest at 6.5 percent
  370  compounded annually until full payment is made. The employee
  371  shall pay the total employee contributions, plus interest, if
  372  applicable. The employer shall pay the interest on employee
  373  contributions, if applicable.
  374         2. If the dismissal action is subsequently changed to a
  375  suspension by proper authority or through legal proceedings, the
  376  member is eligible to receive retirement service credit,
  377  provided the member’s employment is reinstated, restoring the
  378  employee-employer relationship, and the employee pays the total
  379  required employer and employee contributions and complies with
  380  all requirements in paragraph (e).
  381         (h) Effective July 1, 2011, the retirement system shall
  382  require employer and employee contributions as provided in s.
  383  121.071 and part III of this chapter.
  384         Section 6. Subsections (3), (7), and (15), paragraph (a) of
  385  subsection (19), paragraph (b) of subsection (22), and
  386  subsections (24), (29), (38), (39), (45), (55), and (59) of
  387  section 121.021, Florida Statutes, are amended 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 chapter
  396  part, referred to as the “Florida Retirement System Pension
  397  Plan” or “pension plan,” 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         (7) “City” means any municipality duly incorporated under
  403  the laws of the state. “Division” means the Division of
  404  Retirement in the department.
  405         (15)(a) Until October 1, 1978, “special risk member” means
  406  any officer or employee whose application is approved by the
  407  administrator and who receives salary payments for work
  408  performed as a peace officer; law enforcement officer; police
  409  officer; highway patrol officer; custodial employee at a
  410  correctional or detention facility; correctional agency employee
  411  whose duties and responsibilities involve direct contact with
  412  inmates, but excluding secretarial and clerical employees;
  413  firefighter; or an employee in any other job in the field of law
  414  enforcement or fire protection if the duties of such person are
  415  certified as hazardous by his or her employer.
  416         (b) Effective October 1, 1978, “special risk member” means
  417  a member of the Florida Retirement System who is designated as a
  418  special risk member by the division in accordance with s.
  419  121.0515. Such member must be employed as a law enforcement
  420  officer, a firefighter, or a correctional officer and must meet
  421  certain other special criteria as set forth in s. 121.0515.
  422         (c) Effective October 1, 1999, “special risk member” means
  423  a member of the Florida Retirement System who is designated as a
  424  special risk member by the division in accordance with s.
  425  121.0515. Such member must be employed as a law enforcement
  426  officer, a firefighter, a correctional officer, an emergency
  427  medical technician, or a paramedic and must meet certain other
  428  special criteria as set forth in s. 121.0515.
  429         (d)1. Effective January 1, 2001, “special risk member”
  430  includes any member who is employed as a community-based
  431  correctional probation officer and meets the special criteria
  432  set forth in s. 121.0515(2)(e).
  433         2. Effective January 1, 2001, “special risk member”
  434  includes any professional health care bargaining unit or non
  435  unit member who is employed by the Department of Corrections or
  436  the Department of Children and Family Services and meets the
  437  special criteria set forth in s. 121.0515(2)(f).
  438         (e) Effective July 1, 2001, the term “special risk member”
  439  includes any member who is employed as a youth custody officer
  440  by the Department of Juvenile Justice and meets the special
  441  criteria set forth in s. 121.0515(2)(g).
  442         (f) Effective August 1, 2008, “special risk member”
  443  includes any member who meets the special criteria for continued
  444  membership set forth in s. 121.0515(2)(k). “Special risk member”
  445  or “Special Risk Class member” means a member of the Florida
  446  Retirement System who meets the eligibility and criteria
  447  required under s. 121.0515 for participation in the Special Risk
  448  Class.
  449         (19) “Prior service” under part I of this chapter means:
  450         (a) Service for which the member had credit under one of
  451  the existing systems and received a refund of his or her
  452  contributions upon termination of employment. Prior service
  453  shall also include that includes service between December 1,
  454  1970, and the date the system becomes noncontributory for which
  455  the member had credit under the Florida Retirement System and
  456  received a refund of his or her contributions upon termination
  457  of employment.
  458         (22) “Compensation” means the monthly salary paid a member
  459  by his or her employer for work performed arising from that
  460  employment.
  461         (b) Under no circumstances shall compensation for a member
  462  participating in the defined benefit retirement program pension
  463  plan or the Public Employee Optional Retirement Program
  464  investment plan of the Florida Retirement System may not
  465  include:
  466         1. Fees paid professional persons for special or particular
  467  services or include salary payments made from a faculty practice
  468  plan authorized by the Board of Governors of the State
  469  University System for eligible clinical faculty at a college in
  470  a state university that has a faculty practice plan; or
  471         2. Any bonuses or other payments prohibited from inclusion
  472  in the member’s average final compensation and defined in
  473  subsection (47).
  474         (24)(a) “Average final compensation” means:
  475         1. For members initially enrolled before July 1, 2011, the
  476  average of the 5 highest fiscal years of compensation for
  477  creditable service before retirement, termination, or death. For
  478  in-line-of-duty disability benefits, if less than 5 years of
  479  creditable service have been completed, the term “average final
  480  compensation” means the average annual compensation of the total
  481  number of years of creditable service. Each year used in the
  482  calculation of to calculate the average final compensation shall
  483  commence commences on July 1.
  484         2. For members initially enrolled on or after July 1, 2011,
  485  the average of the 8 highest fiscal years of compensation for
  486  creditable service before retirement, termination, or death. For
  487  in-line-of-duty disability benefits, if less than 8 years of
  488  creditable service have been completed, the term means the
  489  average annual compensation of the total number of years of
  490  creditable service. Each year used to calculate average final
  491  compensation commences on July 1.
  492         (a)(b) The average final compensation shall include
  493  includes:
  494         1. Accumulated annual leave payments, not to exceed 500
  495  hours; and
  496         2. All payments defined as compensation in subsection (22).
  497         (b)(c) The average final compensation shall does not
  498  include:
  499         1. Compensation paid to professional persons for special or
  500  particular services;
  501         2. Payments for accumulated sick leave made due to
  502  retirement or termination;
  503         3. Payments for accumulated annual leave in excess of 500
  504  hours;
  505         4. Bonuses as defined in subsection (47);
  506         5. Third party payments made on and after July 1, 1990; or
  507         6. Fringe benefits (for example, automobile allowances or
  508  housing allowances).
  509         (29) “Normal retirement date” means the date a member
  510  attains normal retirement age and is vested, which is determined
  511  as follows:
  512         (a)1. If a Regular Class member, a Senior Management
  513  Service Class member, or an Elected Officers’ Class member
  514  initially enrolled before July 1, 2011:
  515         1.a. The first day of the month the member completes 6 or
  516  more years of creditable service and attains age 62; or
  517         2.b. The first day of the month after following the date
  518  the member completes 30 years of creditable service, regardless
  519  of age.
  520         2. If a Regular Class member, a Senior Management Service
  521  Class member, or an Elected Officers’ Class member initially
  522  enrolled on or after July 1, 2011:
  523         a. The first day of the month the member attains age 65; or
  524         b. The first day of the month following the date the member
  525  completes 33 years of creditable service, regardless of age.
  526         (b)1. If a Special Risk Class member initially enrolled
  527  before July 1, 2011:
  528         1.a. The first day of the month the member completes 6 or
  529  more years of creditable service in the Special Risk Class and
  530  attains age 55 and completes the years of creditable service in
  531  the Special Risk Class equal to or greater than the years of
  532  service required for vesting;
  533         2.b. The first day of the month after following the date
  534  the member completes 25 years of creditable service in the
  535  Special Risk Class, regardless of age; or
  536         3.c. The first day of the month after following the date
  537  the member completes 25 years of creditable service and attains
  538  age 52, which service may include a maximum of 4 years of
  539  military service credit as long as if such credit is not claimed
  540  under any other system and the remaining years are in the
  541  Special Risk Class.
  542         2. If a Special Risk Class member initially enrolled on or
  543  after July 1, 2011:
  544         a. The first day of the month the member attains age 60 and
  545  completes the years of creditable service in the Special Risk
  546  Class equal to or greater than the years of service required for
  547  vesting;
  548         b. The first day of the month following the date the member
  549  completes 30 years of creditable service in the Special Risk
  550  Class, regardless of age; or
  551         c. The first day of the month following the date the member
  552  completes 30 years of creditable service and attains age 57,
  553  which service may include a maximum of 4 years of military
  554  service credit if such credit is not claimed under any other
  555  system and the remaining years are in the Special Risk Class.
  556  
  557  “Normal retirement age” is attained on the “normal retirement
  558  date.”
  559         (38) “Continuous service” means creditable service as a
  560  member, beginning with the first day of employment with an
  561  employer covered under a state-administered retirement system
  562  consolidated herein and continuing for as long as the member
  563  remains in an employer-employee relationship with an employer
  564  covered under this chapter. An absence of 1 calendar month or
  565  more from an employer’s payroll shall be considered a break in
  566  continuous service, except for periods of absence during which
  567  an employer-employee relationship continues to exist and such
  568  period of absence is creditable under this chapter or under one
  569  of the existing systems consolidated herein. However, a law
  570  enforcement officer as defined in s. 121.0515(2)(3)(a) who was a
  571  member of a state-administered retirement system under chapter
  572  122 or chapter 321 and who resigned and was subsequently
  573  reemployed in a law enforcement position within 12 calendar
  574  months of such resignation by an employer under such state
  575  administered retirement system shall be deemed to have not
  576  experienced a break in service. Further, with respect to a
  577  state-employed law enforcement officer who meets the criteria
  578  specified in s. 121.0515(2)(3)(a), if the absence from the
  579  employer’s payroll is the result of a “layoff” as defined in s.
  580  110.107 or a resignation to run for an elected office that meets
  581  the criteria specified in s. 121.0515(2)(3)(a), no break in
  582  continuous service shall be deemed to have occurred if the
  583  member is reemployed as a state law enforcement officer or is
  584  elected to an office which meets the criteria specified in s.
  585  121.0515(2)(3)(a) within 12 calendar months after the date of
  586  the layoff or resignation, notwithstanding the fact that such
  587  period of layoff or resignation is not creditable service under
  588  this chapter. A withdrawal of contributions will constitute a
  589  break in service. Continuous service also includes past service
  590  purchased under this chapter, provided such service is
  591  continuous within this definition and the rules established by
  592  the administrator. The administrator may establish
  593  administrative rules and procedures for applying this definition
  594  to creditable service authorized under this chapter. Any
  595  correctional officer, as defined in s. 943.10, whose
  596  participation in the state-administered retirement system is
  597  terminated due to the transfer of a county detention facility
  598  through a contractual agreement with a private entity pursuant
  599  to s. 951.062, shall be deemed an employee with continuous
  600  service in the Special Risk Class, provided return to employment
  601  with the former employer takes place within 3 years due to
  602  contract termination or the officer is employed by a covered
  603  employer in a special risk position within 1 year after his or
  604  her initial termination of employment by such transfer of its
  605  detention facilities to the private entity.
  606         (39)(a) “Termination” occurs, except as provided in
  607  paragraph (b), when a member ceases all employment relationships
  608  with an employer participating employers, however:
  609         1. For retirements effective before July 1, 2010, if a
  610  member is employed by any such employer within the next calendar
  611  month, termination shall be deemed not to have occurred. A leave
  612  of absence constitutes a continuation of the employment
  613  relationship, except that a leave of absence without pay due to
  614  disability may constitute termination if such member makes
  615  application for and is approved for disability retirement in
  616  accordance with s. 121.091(4). The department or state board may
  617  require other evidence of termination as it deems necessary.
  618         2. For retirements effective on or after July 1, 2010, if a
  619  member is employed by any such employer within the next 6
  620  calendar months, termination shall be deemed not to have
  621  occurred. A leave of absence constitutes a continuation of the
  622  employment relationship, except that a leave of absence without
  623  pay due to disability may constitute termination if such member
  624  makes application for and is approved for disability retirement
  625  in accordance with s. 121.091(4). The department or state board
  626  may require other evidence of termination as it deems necessary.
  627         (b) “Termination” for a member electing to participate in
  628  the Deferred Retirement Option Program occurs when the program
  629  participant ceases all employment relationships with an employer
  630  participating employers in accordance with s. 121.091(13),
  631  however:
  632         1. For termination dates occurring before July 1, 2010, if
  633  the participant member is employed by any such employer within
  634  the next calendar month, termination will be deemed not to have
  635  occurred, except as provided in s. 121.091(13)(b)4.c. A leave of
  636  absence shall constitute a continuation of the employment
  637  relationship.
  638         2. For termination dates occurring on or after July 1,
  639  2010, if the participant member becomes employed by any such
  640  employer within the next 6 calendar months, termination will be
  641  deemed not to have occurred, except as provided in s.
  642  121.091(13)(b)4.c. A leave of absence constitutes a continuation
  643  of the employment relationship.
  644         (c) Effective July 1, 2011, “termination” for a member
  645  receiving a refund of employee contributions occurs when a
  646  member ceases all employment relationships with participating
  647  employers for 3 calendar months. A leave of absence constitutes
  648  a continuation of the employment relationship.
  649         (45)(a) “Vested” or “vesting” means the guarantee that a
  650  member is eligible to receive a future retirement benefit upon
  651  completion of the required years of creditable service for the
  652  employee’s class of membership, even though the member may have
  653  terminated covered employment before reaching normal or early
  654  retirement date. Being vested does not entitle a member to a
  655  disability benefit. Provisions governing entitlement to
  656  disability benefits are set forth under s. 121.091(4).
  657         (b)(a) Effective July 1, 2001, through June 30, 2011, a 6
  658  year vesting requirement shall be implemented for the defined
  659  benefit program of the Florida Retirement System. Pursuant
  660  thereto System Pension Plan:
  661         1. Any member employed in a regularly established position
  662  on July 1, 2001, who completes or has completed a total of 6
  663  years of creditable service shall be is considered vested as
  664  described in paragraph (a).
  665         2. Any member not employed in a regularly established
  666  position on July 1, 2001, shall be deemed vested upon completion
  667  of 6 years of creditable service, provided that if such member
  668  is employed in a covered position for at least 1 work year after
  669  July 1, 2001. However, no a member shall be is not required to
  670  complete more years of creditable service than would have been
  671  required for that member to vest under retirement laws in effect
  672  before July 1, 2001.
  673         3. Any member initially enrolled in the Florida Retirement
  674  System on July 1, 2001, through June 30, 2011, shall be deemed
  675  vested upon completion of 6 years of creditable service.
  676         (b) Any member initially enrolled in the Florida Retirement
  677  System on or after July 1, 2011, shall be vested upon completion
  678  of 8 years of creditable service.
  679         (55) “Benefit” means any pension payment, lump-sum or
  680  periodic, to a member, retiree, or beneficiary, based partially
  681  or entirely on employer contributions or employee contributions,
  682  if applicable.
  683         (59) “Payee” means a retiree or beneficiary of a retiree
  684  who has received or is receiving a retirement benefit payment.
  685         Section 7. Paragraphs (b) and (c) of subsection (2) and
  686  subsection (3) of section 121.051, Florida Statutes, are amended
  687  to read:
  688         121.051 Participation in the system.—
  689         (2) OPTIONAL PARTICIPATION.—
  690         (b)1. The governing body of any municipality, metropolitan
  691  planning organization, or special district in the state may
  692  elect to participate in the Florida Retirement system upon
  693  proper application to the administrator and may cover all or any
  694  of its units as approved by the Secretary of Health and Human
  695  Services and the administrator. The department shall adopt rules
  696  establishing provisions procedures for the submission of
  697  documents necessary for such application. Prior to Before being
  698  approved for participation in the Florida Retirement System, the
  699  governing body of any such a municipality, metropolitan planning
  700  organization, or special district that has a local retirement
  701  system shall must submit to the administrator a certified
  702  financial statement showing the condition of the local
  703  retirement system as of a date within 3 months prior to before
  704  the proposed effective date of membership in the Florida
  705  Retirement System. The statement must be certified by a
  706  recognized accounting firm that is independent of the local
  707  retirement system. All required documents necessary for
  708  extending Florida Retirement System coverage must be received by
  709  the department for consideration at least 15 days prior to
  710  before the proposed effective date of coverage. If the
  711  municipality, metropolitan planning organization, or special
  712  district does not comply with this requirement, the department
  713  may require that the effective date of coverage be changed.
  714         2. Any city A municipality, metropolitan planning
  715  organization, or special district that has an existing
  716  retirement system covering the employees in the units that are
  717  to be brought under the Florida Retirement System may
  718  participate only after holding a referendum in which all
  719  employees in the affected units have the right to participate.
  720  Only those employees electing coverage under the Florida
  721  Retirement System by affirmative vote in said the referendum
  722  shall be are eligible for coverage under this chapter, and those
  723  not participating or electing not to be covered by the Florida
  724  Retirement System shall remain in their present systems and are
  725  shall not be eligible for coverage under this chapter. After the
  726  referendum is held, all future employees shall be are compulsory
  727  members of the Florida Retirement System.
  728         3. At the time of joining the Florida Retirement System,
  729  The governing body of any city a municipality, metropolitan
  730  planning organization, or special district complying with
  731  subparagraph 1. may elect to provide, or not provide, benefits
  732  based on past service of officers and employees as described in
  733  s. 121.081(1). However, if such employer elects to provide past
  734  service benefits, such benefits must be provided for all
  735  officers and employees of its covered group.
  736         4. Once this election is made and approved it may not be
  737  revoked, except pursuant to subparagraphs 5. and 6., and all
  738  present officers and employees electing coverage under this
  739  chapter and all future officers and employees shall be are
  740  compulsory members of the Florida Retirement System.
  741         5. Subject to the conditions set forth in subparagraph 6.,
  742  the governing body of any a hospital licensed under chapter 395
  743  which is governed by the board of a special district as defined
  744  in s. 189.403(1) or by the board of trustees of a public health
  745  trust created under s. 154.07, hereinafter referred to as
  746  “hospital district,” and which participates in the Florida
  747  Retirement system, may elect to cease participation in the
  748  system with regard to future employees in accordance with the
  749  following procedure:
  750         a. No more than 30 days and at least 7 days before adopting
  751  a resolution to partially withdraw from the Florida Retirement
  752  System and establish an alternative retirement plan for future
  753  employees, a public hearing must be held on the proposed
  754  withdrawal and proposed alternative plan.
  755         b. From 7 to 15 days before such hearing, notice of intent
  756  to withdraw, specifying the time and place of the hearing, must
  757  be provided in writing to employees of the hospital district
  758  proposing partial withdrawal and must be published in a
  759  newspaper of general circulation in the area affected, as
  760  provided by ss. 50.011-50.031. Proof of publication of such
  761  notice shall must be submitted to the Department of Management
  762  Services.
  763         c. The governing body of any a hospital district seeking to
  764  partially withdraw from the system must, before such hearing,
  765  have an actuarial report prepared and certified by an enrolled
  766  actuary, as defined in s. 112.625(3), illustrating the cost to
  767  the hospital district of providing, through the retirement plan
  768  that the hospital district is to adopt, benefits for new
  769  employees comparable to those provided under the Florida
  770  Retirement System.
  771         d. Upon meeting all applicable requirements of this
  772  subparagraph, and subject to the conditions set forth in
  773  subparagraph 6., partial withdrawal from the system and adoption
  774  of the alternative retirement plan may be accomplished by
  775  resolution duly adopted by the hospital district board. The
  776  hospital district board must provide written notice of such
  777  withdrawal to the division by mailing a copy of the resolution
  778  to the division, postmarked no later than by December 15, 1995.
  779  The withdrawal shall take effect January 1, 1996.
  780         6. After Following the adoption of a resolution under sub
  781  subparagraph 5.d., all employees of the withdrawing hospital
  782  district who were participants in members of the Florida
  783  Retirement System prior to before January 1, 1996, shall remain
  784  as participants in members of the system for as long as they are
  785  employees of the hospital district, and all rights, duties, and
  786  obligations between the hospital district, the system, and the
  787  employees shall remain in full force and effect. Any employee
  788  who is hired or appointed on or after January 1, 1996, may not
  789  participate in the Florida Retirement System, and the
  790  withdrawing hospital district shall have has no obligation to
  791  the system with respect to such employees.
  792         (c) Employees of public community colleges or charter
  793  technical career centers sponsored by public community colleges,
  794  designated in s. 1000.21(3), who are members of the Regular
  795  Class of the Florida Retirement System and who comply with the
  796  criteria set forth in this paragraph and s. 1012.875 may, in
  797  lieu of participating in the Florida Retirement System, elect to
  798  withdraw from the system altogether and participate in the State
  799  Community College System Optional Retirement Program provided by
  800  the employing agency under s. 1012.875.
  801         1.a. Through June 30, 2001, the cost to the employer for
  802  such annuity benefits under the optional retirement program
  803  equals the normal cost portion of the employer retirement
  804  contribution which would be required if the employee were a
  805  member of the pension plan’s Regular Class defined benefit
  806  program, plus the portion of the contribution rate required by
  807  s. 112.363(8) which would otherwise be assigned to the Retiree
  808  Health Insurance Subsidy Trust Fund.
  809         b. Effective July 1, 2001, through June 30, 2011, each
  810  employer shall contribute on behalf of each participant in
  811  member of the optional program an amount equal to 10.43 percent
  812  of the participant’s employee’s gross monthly compensation. The
  813  employer shall deduct an amount for the administration of the
  814  program.
  815         c. Effective July 1, 2011, each member shall contribute an
  816  amount equal to the employee contribution required under s.
  817  121.71(3). The employer shall contribute on behalf of each
  818  program member an amount equal to the difference between 10.43
  819  percent of the employee’s gross monthly compensation and the
  820  employee’s required contribution based on the employee’s gross
  821  monthly compensation.
  822         d. The employer shall contribute an additional amount to
  823  the Florida Retirement System Trust Fund equal to the unfunded
  824  actuarial accrued liability portion of the Regular Class
  825  contribution rate.
  826         2. The decision to participate in an the optional
  827  retirement program is irrevocable as long as the employee holds
  828  a position eligible for participation, except as provided in
  829  subparagraph 3. Any service creditable under the Florida
  830  Retirement System is retained after the member withdraws from
  831  the system; however, additional service credit in the system may
  832  not be earned while a member of the optional retirement program.
  833         3. An employee who has elected to participate in the
  834  optional retirement program shall have one opportunity, at the
  835  employee’s discretion, to transfer from the optional retirement
  836  program to the defined benefit program pension plan of the
  837  Florida Retirement System or to the Public Employee Optional
  838  Retirement Program investment plan established under part II of
  839  this chapter, subject to the terms of the applicable optional
  840  retirement program contracts.
  841         a. If the employee chooses to move to the Public Employee
  842  Optional Retirement Program investment plan, any contributions,
  843  interest, and earnings creditable to the employee under the
  844  State Community College System optional retirement program are
  845  retained by the employee in the State Community College System
  846  optional retirement program, and the applicable provisions of s.
  847  121.4501(4) govern the election.
  848         b. If the employee chooses to move to the defined benefit
  849  program pension plan of the Florida Retirement System, the
  850  employee shall receive service credit equal to his or her years
  851  of service under the State Community College System optional
  852  retirement program.
  853         (I) The cost for such credit is the amount representing the
  854  present value of the employee’s accumulated benefit obligation
  855  for the affected period of service. The cost shall be calculated
  856  as if the benefit commencement occurs on the first date the
  857  employee becomes eligible for unreduced benefits, using the
  858  discount rate and other relevant actuarial assumptions that were
  859  used to value the Florida Retirement System defined benefit
  860  Pension plan liabilities in the most recent actuarial valuation.
  861  The calculation must include any service already maintained
  862  under the defined benefit pension plan in addition to the years
  863  under the State Community College System optional retirement
  864  program. The present value of any service already maintained
  865  must be applied as a credit to total cost resulting from the
  866  calculation. The division shall ensure that the transfer sum is
  867  prepared using a formula and methodology certified by an
  868  enrolled actuary.
  869         (II) The employee must transfer from his or her State
  870  Community College System optional retirement program account and
  871  from other employee moneys as necessary, a sum representing the
  872  present value of the employee’s accumulated benefit obligation
  873  immediately after following the time of such movement,
  874  determined assuming that attained service equals the sum of
  875  service in the defined benefit program pension plan and service
  876  in the State Community College System optional retirement
  877  program.
  878         4. Participation in the optional retirement program is
  879  limited to employees who satisfy the following eligibility
  880  criteria:
  881         a. The employee must be is otherwise eligible for
  882  membership or renewed membership in the Regular Class of the
  883  Florida Retirement System, as provided in s. 121.021(11) and
  884  (12) or s. 121.122.
  885         b. The employee must be is employed in a full-time position
  886  classified in the Accounting Manual for Florida’s Public
  887  Community Colleges as:
  888         (I) Instructional; or
  889         (II) Executive Management, Instructional Management, or
  890  Institutional Management, if a and the community college
  891  determines that recruiting to fill a vacancy in the position is
  892  to be conducted in the national or regional market, and the
  893  duties and responsibilities of the position include the
  894  formulation, interpretation, or implementation of policies, or
  895  the performance of functions that are unique or specialized
  896  within higher education and that frequently support the mission
  897  of the community college.
  898         c. The employee must be is employed in a position not
  899  included in the Senior Management Service Class of the Florida
  900  Retirement System, as described in s. 121.055.
  901         5. Participants in Members of the program are subject to
  902  the same reemployment limitations, renewed membership
  903  provisions, and forfeiture provisions as are applicable to
  904  regular members of the Florida Retirement System under ss.
  905  121.091(9), 121.122, and 121.091(5), respectively. A participant
  906  member who receives a program distribution funded by employer
  907  and required employee contributions shall be is deemed to be
  908  retired from a state-administered retirement system if the
  909  participant member is subsequently employed with an employer
  910  that participates in the Florida Retirement System.
  911         6. Eligible community college employees are compulsory
  912  members of the Florida Retirement System until, pursuant to s.
  913  1012.875, a written election to withdraw from the system and
  914  participate in the State Community College System optional
  915  retirement program is filed with the program administrator and
  916  received by the division.
  917         a. A community college employee whose program eligibility
  918  results from initial employment must shall be enrolled in the
  919  State Community College System optional retirement program
  920  retroactive to the first day of eligible employment. The
  921  employer and employee retirement contributions paid through the
  922  month of the employee plan change shall be transferred to the
  923  community college to the employee’s optional program account,
  924  and, effective the first day of the next month, the employer
  925  shall pay the applicable contributions based upon subparagraph
  926  1.
  927         b. A community college employee whose program eligibility
  928  is due to the subsequent designation of the employee’s position
  929  as one of those specified in subparagraph 4., or due to the
  930  employee’s appointment, promotion, transfer, or reclassification
  931  to a position specified in subparagraph 4., must be enrolled in
  932  the program on the first day of the first full calendar month
  933  that such change in status becomes effective. The employer and
  934  employee retirement contributions paid from the effective date
  935  through the month of the employee plan change must be
  936  transferred to the community college to the employee’s optional
  937  program account, and, effective the first day of the next month,
  938  the employer shall pay the applicable contributions based upon
  939  subparagraph 1.
  940         7. Effective July 1, 2003, through December 31, 2008, any
  941  participant member of the State Community College System
  942  optional retirement program who has service credit in the
  943  defined benefit pension plan of the Florida Retirement System
  944  for the period between his or her first eligibility to transfer
  945  from the defined benefit pension plan to the optional retirement
  946  program and the actual date of transfer may, during employment,
  947  transfer to the optional retirement program a sum representing
  948  the present value of the accumulated benefit obligation under
  949  the defined benefit retirement program for the period of service
  950  credit. Upon transfer, all service credit previously earned
  951  under the defined benefit program of the Florida Retirement
  952  System pension plan during this period is nullified for purposes
  953  of entitlement to a future benefit under the defined benefit
  954  program of the Florida Retirement System pension plan.
  955         (3) SOCIAL SECURITY COVERAGE.—Social security coverage
  956  shall be provided for all officers and employees who become
  957  members under the provisions of subsection (1) or subsection
  958  (2). Any modification of the present agreement with the Social
  959  Security Administration, or referendum required under the Social
  960  Security Act, for the purpose of providing social security
  961  coverage for any member shall be requested by the state agency
  962  in compliance with the applicable provisions of the Social
  963  Security Act governing such coverage. However, retroactive
  964  social security coverage for service prior to before December 1,
  965  1970, with the employer shall may not be provided for any a
  966  member who was not covered under the agreement as of November
  967  30, 1970. The employer-paid employee contributions specified in
  968  s. 121.71(3) are subject to taxes imposed under the Federal
  969  Insurance Contributions Act, 26 U.S.C. ss. 3101-3128.
  970         Section 8. Section 121.0515, Florida Statutes, is amended
  971  to read:
  972         121.0515 Special Risk Membership Class.—
  973         (1) LEGISLATIVE INTENT ESTABLISHMENT OF CLASS.—In creating
  974  the Special Risk A separate class of membership within the
  975  Florida Retirement System, it is the intent and purpose of the
  976  Legislature to be known as the “Special Risk Class,” is
  977  established to recognize that persons employed in certain
  978  categories of law enforcement, firefighting, criminal detention,
  979  and emergency medical care positions are required as one of the
  980  essential functions of their positions to perform work that is
  981  physically demanding or arduous, or work that requires
  982  extraordinary agility and mental acuity, and that such persons,
  983  because of diminishing physical and mental faculties, may find
  984  that they are not able, without risk to the health and safety of
  985  themselves, the public, or their coworkers, to continue
  986  performing such duties and thus enjoy the full career and
  987  retirement benefits enjoyed by persons employed in other
  988  positions membership classes and that, if they find it
  989  necessary, due to the physical and mental limitations of their
  990  age, to retire at an earlier age and usually with less service,
  991  they will suffer an economic deprivation therefrom. Therefore,
  992  as a means of recognizing To address the peculiar and special
  993  problems of this class of employees, it is the intent and
  994  purpose of the Legislature to establish a class of retirement
  995  membership is established that awards more retirement credit per
  996  year of service than that awarded to other employees; however,
  997  nothing contained herein shall require ineligibility for Special
  998  Risk Class membership upon reaching age 55.
  999         (2) MEMBERSHIP.—
 1000         (a) Until October 1, 1978, “special risk member” means any
 1001  officer or employee whose application is approved by the
 1002  administrator and who receives salary payments for work
 1003  performed as a peace officer; law enforcement officer; police
 1004  officer; highway patrol officer; custodial employee at a
 1005  correctional or detention facility; correctional agency employee
 1006  whose duties and responsibilities involve direct contact with
 1007  inmates, but excluding secretarial and clerical employees;
 1008  firefighter; or an employee in any other job in the field of law
 1009  enforcement or fire protection if the duties of such person are
 1010  certified as hazardous by his or her employer.
 1011         (b) Effective October 1, 1978, through September 30, 1999,
 1012  “special risk member” means a member of the Florida Retirement
 1013  System who is designated as a special risk member by the
 1014  division in accordance with this section. Such member must be
 1015  employed as a law enforcement officer, a firefighter, or a
 1016  correctional officer and must meet certain other special
 1017  criteria as set forth in this section.
 1018         (c) Effective October 1, 1999, “special risk member” means
 1019  a member of the Florida Retirement System who is designated as a
 1020  special risk member by the division in accordance with this
 1021  section. Such member must be employed as a law enforcement
 1022  officer, a firefighter, a correctional officer, an emergency
 1023  medical technician, or a paramedic and must meet certain other
 1024  special criteria as set forth in this section.
 1025         (d) Effective January 1, 2001, “special risk member”
 1026  includes:
 1027         1. Any member who is employed as a community-based
 1028  correctional probation officer and meets the special criteria
 1029  set forth in paragraph (3)(e).
 1030         2. Any professional health care bargaining unit or non-unit
 1031  member who is employed by the Department of Corrections or the
 1032  Department of Children and Family Services and meets the special
 1033  criteria set forth in paragraph (3)(f).
 1034         (e) Effective July 1, 2001, “special risk member” includes
 1035  any member who is employed as a youth custody officer by the
 1036  Department of Juvenile Justice and meets the special criteria
 1037  set forth in paragraph (3)(g).
 1038         (f) Effective October 1, 2005, through June 30, 2008, the
 1039  member must be employed by a law enforcement agency or medical
 1040  examiner’s office in a forensic discipline and meet the special
 1041  criteria set forth in paragraph (3)(h).
 1042         (g) Effective July 1, 2008, the member must be employed by
 1043  the Department of Law Enforcement in the crime laboratory or by
 1044  the Division of State Fire Marshal in the forensic laboratory
 1045  and meet the special criteria set forth in paragraph (3)(i).
 1046         (h) Effective July 1, 2008, the member must be employed by
 1047  a local government law enforcement agency or medical examiner’s
 1048  office and meet the special criteria set forth in paragraph
 1049  (3)(j).
 1050         (i) Effective August 1, 2008, “special risk member”
 1051  includes any member who meets the special criteria for continued
 1052  membership set forth in paragraph (3)(k).
 1053         (2)(3) CRITERIA.—A member, to be designated as a special
 1054  risk member, must meet the following criteria:
 1055         (a) Effective October 1, 1978, The member must be employed
 1056  as a law enforcement officer and be certified, or required to be
 1057  certified, in compliance with s. 943.1395; however, sheriffs and
 1058  elected police chiefs shall be are excluded from meeting the
 1059  certification requirements of this paragraph. In addition, the
 1060  member’s duties and responsibilities must include the pursuit,
 1061  apprehension, and arrest of law violators or suspected law
 1062  violators; or as of July 1, 1982, the member must be an active
 1063  member of a bomb disposal unit whose primary responsibility is
 1064  the location, handling, and disposal of explosive devices; or
 1065  the member must be the supervisor or command officer of a member
 1066  or members who have such responsibilities; provided, however,.
 1067  administrative support personnel, including, but not limited to,
 1068  those whose primary duties and responsibilities are in
 1069  accounting, purchasing, legal, and personnel, shall are not be
 1070  included;
 1071         (b) Effective October 1, 1978, The member must be employed
 1072  as a firefighter and be certified, or required to be certified,
 1073  in compliance with s. 633.35 and be employed solely within the
 1074  fire department of a local government employer or an agency of
 1075  state government with firefighting responsibilities. In
 1076  addition, the member’s duties and responsibilities must include
 1077  on-the-scene fighting of fires; as of October 1, 2001, fire
 1078  prevention, or firefighter training; as of October 1, 2001,
 1079  direct supervision of firefighting units, fire prevention, or
 1080  firefighter training; or as of July 1, 2001, aerial firefighting
 1081  surveillance performed by fixed-wing aircraft pilots employed by
 1082  the Division of Forestry of the Department of Agriculture and
 1083  Consumer Services; or the member must be the supervisor or
 1084  command officer of a member or members who have such
 1085  responsibilities; provided, however,. administrative support
 1086  personnel, including, but not limited to, those whose primary
 1087  duties and responsibilities are in accounting, purchasing,
 1088  legal, and personnel, shall are not be included and further
 1089  provided that. all periods of creditable service in fire
 1090  prevention or firefighter training, or as the supervisor or
 1091  command officer of a member or members who have such
 1092  responsibilities, and for which the employer paid the special
 1093  risk contribution rate, shall be are included;
 1094         (c) Effective October 1, 1978, The member must be employed
 1095  as a correctional officer and be certified, or required to be
 1096  certified, in compliance with s. 943.1395. In addition, the
 1097  member’s primary duties and responsibilities must be the
 1098  custody, and physical restraint when necessary, of prisoners or
 1099  inmates within a prison, jail, or other criminal detention
 1100  facility, or while on work detail outside the facility, or while
 1101  being transported; or as of July 1, 1984, the member must be the
 1102  supervisor or command officer of a member or members who have
 1103  such responsibilities; provided, however,. administrative
 1104  support personnel, including, but not limited to, those whose
 1105  primary duties and responsibilities are in accounting,
 1106  purchasing, legal, and personnel, shall are not be included;
 1107  however, wardens and assistant wardens, as defined by rule,
 1108  shall participate in the Special Risk Class are included;
 1109         (d) Effective October 1, 1999, The member must be employed
 1110  by a licensed Advance Life Support (ALS) or Basic Life Support
 1111  (BLS) employer as an emergency medical technician or a paramedic
 1112  and be certified in compliance with s. 401.27. In addition, the
 1113  member’s primary duties and responsibilities must include on
 1114  the-scene emergency medical care or as of October 1, 2001,
 1115  direct supervision of emergency medical technicians or
 1116  paramedics, or the member must be the supervisor or command
 1117  officer of one or more members who have such responsibility.
 1118  However, administrative support personnel, including, but not
 1119  limited to, those whose primary responsibilities are in
 1120  accounting, purchasing, legal, and personnel, shall are not be
 1121  included;
 1122         (e) Effective January 1, 2001, The member must be employed
 1123  as a community-based correctional probation officer and be
 1124  certified, or required to be certified, in compliance with s.
 1125  943.1395. In addition, the member’s primary duties and
 1126  responsibilities must be the supervised custody, surveillance,
 1127  control, investigation, and counseling of assigned inmates,
 1128  probationers, parolees, or community controllees within the
 1129  community; or the member must be the supervisor of a member or
 1130  members who have such responsibilities. Administrative support
 1131  personnel, including, but not limited to, those whose primary
 1132  duties and responsibilities are in accounting, purchasing, legal
 1133  services, and personnel management, shall are not be included;
 1134  however, probation and parole circuit and deputy circuit
 1135  administrators shall participate in the Special Risk Class are
 1136  included;
 1137         (f) Effective January 1, 2001, The member must be employed
 1138  in one of the following classes and must spend at least 75
 1139  percent of his or her time performing duties which involve
 1140  contact with patients or inmates in a correctional or forensic
 1141  facility or institution:
 1142         1. Dietitian (class codes 5203 and 5204);
 1143         2. Public health nutrition consultant (class code 5224);
 1144         3. Psychological specialist (class codes 5230 and 5231);
 1145         4. Psychologist (class code 5234);
 1146         5. Senior psychologist (class codes 5237 and 5238);
 1147         6. Regional mental health consultant (class code 5240);
 1148         7. Psychological Services Director—DCF (class code 5242);
 1149         8. Pharmacist (class codes 5245 and 5246);
 1150         9. Senior pharmacist (class codes 5248 and 5249);
 1151         10. Dentist (class code 5266);
 1152         11. Senior dentist (class code 5269);
 1153         12. Registered nurse (class codes 5290 and 5291);
 1154         13. Senior registered nurse (class codes 5292 and 5293);
 1155         14. Registered nurse specialist (class codes 5294 and
 1156  5295);
 1157         15. Clinical associate (class codes 5298 and 5299);
 1158         16. Advanced registered nurse practitioner (class codes
 1159  5297 and 5300);
 1160         17. Advanced registered nurse practitioner specialist
 1161  (class codes 5304 and 5305);
 1162         18. Registered nurse supervisor (class codes 5306 and
 1163  5307);
 1164         19. Senior registered nurse supervisor (class codes 5308
 1165  and 5309);
 1166         20. Registered nursing consultant (class codes 5312 and
 1167  5313);
 1168         21. Quality management program supervisor (class code
 1169  5314);
 1170         22. Executive nursing director (class codes 5320 and 5321);
 1171         23. Speech and hearing therapist (class code 5406); or
 1172         24. Pharmacy manager (class code 5251);
 1173         (g) Effective July 1, 2001, The member must be employed as
 1174  a youth custody officer and be certified, or required to be
 1175  certified, in compliance with s. 943.1395. In addition, the
 1176  member’s primary duties and responsibilities must be the
 1177  supervised custody, surveillance, control, investigation,
 1178  apprehension, arrest, and counseling of assigned juveniles
 1179  within the community;
 1180         (h) Effective October 1, 2005, through June 30, 2008, the
 1181  member must be employed by a law enforcement agency or medical
 1182  examiner’s office in a forensic discipline recognized by the
 1183  International Association for Identification and must qualify
 1184  for active membership in the International Association for
 1185  Identification. The member’s primary duties and responsibilities
 1186  must include the collection, examination, preservation,
 1187  documentation, preparation, or analysis of physical evidence or
 1188  testimony, or both, or the member must be the direct supervisor,
 1189  quality management supervisor, or command officer of one or more
 1190  individuals with such responsibility. Administrative support
 1191  personnel, including, but not limited to, those whose primary
 1192  responsibilities are clerical or in accounting, purchasing,
 1193  legal, and personnel, shall are not be included;
 1194         (i) Effective July 1, 2008, the member must be employed by
 1195  the Department of Law Enforcement in the crime laboratory or by
 1196  the Division of State Fire Marshal in the forensic laboratory in
 1197  one of the following classes:
 1198         1. Forensic technologist (class code 8459);
 1199         2. Crime laboratory technician (class code 8461);
 1200         3. Crime laboratory analyst (class code 8463);
 1201         4. Senior crime laboratory analyst (class code 8464);
 1202         5. Crime laboratory analyst supervisor (class code 8466);
 1203         6. Forensic chief (class code 9602); or
 1204         7. Forensic services quality manager (class code 9603);
 1205         (j) Effective July 1, 2008, the member must be employed by
 1206  a local government law enforcement agency or medical examiner’s
 1207  office and must spend at least 65 percent of his or her time
 1208  performing duties that involve the collection, examination,
 1209  preservation, documentation, preparation, or analysis of human
 1210  tissues or fluids or physical evidence having potential
 1211  biological, chemical, or radiological hazard or contamination,
 1212  or use chemicals, processes, or materials that may have
 1213  carcinogenic or health-damaging properties in the analysis of
 1214  such evidence, or the member must be the direct supervisor of
 1215  one or more individuals having such responsibility. If a special
 1216  risk member changes to another position within the same agency,
 1217  he or she must submit a complete application as provided in
 1218  paragraph (3)(4)(a); or
 1219         (k) The member must have already qualified for and be
 1220  actively participating in special risk membership under
 1221  paragraph (a), paragraph (b), or paragraph (c), must have
 1222  suffered a qualifying injury as defined in this paragraph, must
 1223  not be receiving disability retirement benefits as provided in
 1224  s. 121.091(4), and must satisfy the requirements of this
 1225  paragraph.
 1226         1. The ability to qualify for the class of membership
 1227  defined in s. 121.021(15)(f) shall occur paragraph (2)(f) occurs
 1228  when two licensed medical physicians, one of whom is a primary
 1229  treating physician of the member, certify the existence of the
 1230  physical injury and medical condition that constitute a
 1231  qualifying injury as defined in this paragraph and that the
 1232  member has reached maximum medical improvement after August 1,
 1233  2008. The certifications from the licensed medical physicians
 1234  must include, at a minimum, that the injury to the special risk
 1235  member has resulted in a physical loss, or loss of use, of at
 1236  least two of the following: left arm, right arm, left leg, or
 1237  right leg; and:
 1238         a. That this physical loss or loss of use is total and
 1239  permanent, except in the event that the loss of use is due to a
 1240  physical injury to the member’s brain, in which event the loss
 1241  of use is permanent with at least 75 percent loss of motor
 1242  function with respect to each arm or leg affected.
 1243         b. That this physical loss or loss of use renders the
 1244  member physically unable to perform the essential job functions
 1245  of his or her special risk position.
 1246         c. That, notwithstanding this physical loss or loss of use,
 1247  the individual is able to perform the essential job functions
 1248  required by the member’s new position, as provided in
 1249  subparagraph 3.
 1250         d. That use of artificial limbs is either not possible or
 1251  does not alter the member’s ability to perform the essential job
 1252  functions of the member’s position.
 1253         e. That the physical loss or loss of use is a direct result
 1254  of a physical injury and not a result of any mental,
 1255  psychological, or emotional injury.
 1256         2. For the purposes of this paragraph, “qualifying injury”
 1257  means an injury sustained in the line of duty, as certified by
 1258  the member’s employing agency, by a special risk member that
 1259  does not result in total and permanent disability as defined in
 1260  s. 121.091(4)(b). An injury is a qualifying injury when if the
 1261  injury is a physical injury to the member’s physical body
 1262  resulting in a physical loss, or loss of use, of at least two of
 1263  the following: left arm, right arm, left leg, or right leg.
 1264  Notwithstanding anything in any other provision of this section
 1265  to the contrary, an injury that would otherwise qualify as a
 1266  qualifying injury shall is not be considered a qualifying injury
 1267  if and when the member ceases employment with the employer for
 1268  whom he or she was providing special risk services on the date
 1269  the injury occurred.
 1270         3. The new position, as described in sub-subparagraph 1.c.,
 1271  that is required for qualification as a special risk member
 1272  under this paragraph is not required to be a position with
 1273  essential job functions that entitle an individual to special
 1274  risk membership. Whether a new position as described in sub
 1275  subparagraph 1.c. exists and is available to the special risk
 1276  member is a decision to be made solely by the employer in
 1277  accordance with its hiring practices and applicable law.
 1278         4. This paragraph does not grant or create additional
 1279  rights for any individual to continued employment or to be hired
 1280  or rehired by his or her employer that are not already provided
 1281  within the Florida Statutes, the State Constitution, the
 1282  Americans with Disabilities Act, if applicable, or any other
 1283  applicable state or federal law.
 1284         (3)(4) PROCEDURE FOR DESIGNATING.—
 1285         (a) Any member of the Florida Retirement System employed by
 1286  a county, city municipality, or special district who feels that
 1287  he or she his or her position meets the criteria set forth in
 1288  this section for membership in the Special Risk Class may
 1289  request that his or her employer submit an application to the
 1290  department requesting that the department designate him or her
 1291  as a Special Risk member. If the employer agrees that the member
 1292  meets the requirements for Special Risk Class membership, the
 1293  employer shall submit an application to the department on behalf
 1294  of the employee containing a certification that the member meets
 1295  the criteria for Special Risk Class membership set forth in this
 1296  section and such other supporting documentation as may be
 1297  required by administrative rule. The department shall, within 90
 1298  days, either designate or refuse to designate the member as a
 1299  special risk member. If the employer declines to submit the
 1300  member’s application to the department or if the department does
 1301  not designate the member as a special risk member, the member or
 1302  the employer may appeal to the State Retirement Commission, as
 1303  provided in s. 121.23, for designation as a special risk member.
 1304  A member who receives a final affirmative ruling pursuant to
 1305  such appeal for Special Risk membership shall have Special Risk
 1306  Class membership retroactive to the date such member would have
 1307  had Special Risk Class membership had such membership been
 1308  approved by the employer and the department, as determined by
 1309  the department, and the employer contributions shall be paid in
 1310  full within 1 year after such final ruling.
 1311         (b)1. Applying the criteria set forth in this section, the
 1312  Department of Management Services shall specify which current
 1313  and newly created classes of positions under the uniform
 1314  classification plan established pursuant to chapter 110 entitle
 1315  the incumbents of positions in those classes to membership in
 1316  the Special Risk Class. Only employees employed in the classes
 1317  so specified shall be special risk members.
 1318         2.When If a class is not specified by the department as
 1319  provided in subparagraph 1., the employing agency may petition
 1320  the State Retirement Commission for approval in accordance with
 1321  s. 121.23.
 1322         (4)(5) REMOVAL OF SPECIAL RISK CLASS MEMBERSHIP.—
 1323         (a) Any member who is a special risk member on October 1,
 1324  1978, and who fails to meet the criteria for Special Risk Class
 1325  membership established by this section shall have his or her
 1326  special risk designation removed and thereafter shall be a
 1327  regular member and shall earn only regular membership credit.
 1328  The department shall have the authority to may review the
 1329  special risk designation of members to determine whether or not
 1330  those members continue to meet the criteria for Special Risk
 1331  Class membership.
 1332         (b) Any member who is a special risk member on July 1,
 1333  2008, and who became eligible to participate under paragraph
 1334  (2)(3)(h) but fails to meet the criteria for Special Risk Class
 1335  membership established by paragraph (2)(3)(i) or paragraph
 1336  (2)(3)(j) shall have his or her special risk designation removed
 1337  and thereafter shall be a Regular Class member and earn only
 1338  Regular Class membership credit. The department may review the
 1339  special risk designation of members to determine whether or not
 1340  those members continue to meet the criteria for Special Risk
 1341  Class membership.
 1342         (5)(6) CREDIT FOR PAST SERVICE.—A special risk member may
 1343  purchase retirement credit in the Special Risk Class based upon
 1344  past service, and may upgrade retirement credit for such past
 1345  service, to the extent of 2 percent of the member’s average
 1346  monthly compensation as specified in s. 121.091(1)(a) for such
 1347  service as follows:
 1348         (a) The member may purchase special risk credit for past
 1349  service with a city municipality or special district which has
 1350  elected to join the Florida Retirement System, or with a
 1351  participating agency to which a member’s governmental unit was
 1352  transferred, merged, or consolidated as provided in s.
 1353  121.081(1)(f), if the member was employed with the city
 1354  municipality or special district at the time it commenced
 1355  participating in the Florida Retirement System or with the
 1356  governmental unit at the time of its transfer, merger, or
 1357  consolidation with the participating agency. The service must
 1358  satisfy the criteria set forth in subsection (2) (3) for Special
 1359  Risk Class membership as a law enforcement officer, firefighter,
 1360  or correctional officer; however, no a certificate or waiver of
 1361  certificate of compliance with s. 943.1395 or s. 633.35 shall be
 1362  is not required for such service.
 1363         (b) Contributions for upgrading the additional special risk
 1364  credit pursuant to this subsection shall must be equal to the
 1365  difference in the employer and, if applicable, employee
 1366  contributions paid and the special risk percentage rate of gross
 1367  salary in effect at the time of purchase for the period being
 1368  claimed, plus interest thereon at the rate of 4 percent a year
 1369  compounded annually from the date of such service until July 1,
 1370  1975, and 6.5 percent a year thereafter until the date of
 1371  payment. This past service may be purchased by the member or by
 1372  the employer on behalf of the member.
 1373         (6)(7) CREDIT FOR PRIOR SERVICE.—A special risk member who
 1374  has creditable service with an employer under chapter 122 or
 1375  chapter 321, or was employed as a correctional counselor with
 1376  the Department of Corrections between December 1, 1970, and
 1377  September 30, 1979, in a position which that satisfies the
 1378  criteria provided for in subsection (2) (3) for Special Risk
 1379  Class membership except the requirement for a certificate or
 1380  waiver of certificate, shall have those years of service counted
 1381  towards the attainment of the normal retirement date as a
 1382  special risk member under this chapter. The percentage value of
 1383  each such year of creditable service under chapter 122, chapter
 1384  321, or as a correctional counselor shall may not change as a
 1385  result of the application of this subsection. A special risk
 1386  member who has taken a refund of contributions for such
 1387  creditable service under chapter 122 or chapter 321 and has
 1388  reclaimed it as prior service credit under this chapter shall be
 1389  permitted to have such creditable service counted towards the
 1390  attainment of the normal retirement date for the Special Risk
 1391  Class of membership under this chapter.
 1392         (7)(8)RETENTION OF SPECIAL RISK NORMAL RETIREMENT DATE
 1393  SPECIAL RISK ADMINISTRATIVE SUPPORT CLASS.—
 1394         (a) A special risk member who is moved or reassigned to a
 1395  nonspecial risk law enforcement, firefighting, correctional, or
 1396  emergency medical care administrative support position with the
 1397  same agency, or who is subsequently employed in such a position
 1398  with within any law enforcement, firefighting, correctional, or
 1399  emergency medical care agency under the Florida Retirement
 1400  System, shall participate in the Special Risk Administrative
 1401  Support Class and shall earn credit for such service at the same
 1402  percentage rate as that earned by a regular member.
 1403  Notwithstanding the provisions of subsection (4) (5), service in
 1404  such an administrative support position shall, for purposes of
 1405  s. 121.091, apply applies toward satisfaction of the special
 1406  risk normal retirement date, as defined in s. 121.021(29)(b)
 1407  provided that, if, while in such position, the member remains
 1408  certified as a law enforcement officer, firefighter,
 1409  correctional officer, emergency medical technician, or
 1410  paramedic; remains subject to reassignment at any time to a
 1411  position qualifying for special risk membership; and completes
 1412  an aggregate of 6 or more the years of service as a designated
 1413  special risk member prior to before retirement which is equal to
 1414  or greater than the years of service required to be vested.
 1415         (b) Upon application by a member, the provisions of this
 1416  subsection shall apply, with respect to such member,
 1417  retroactively to October 1, 1978, provided that if the member
 1418  was removed from the Special Risk Class effective October 1,
 1419  1978, due to a change in special risk criteria as a result of
 1420  the enactment of chapter 78-308, Laws of Florida, or was
 1421  reassigned or employed for training or career development or to
 1422  fill a critical agency need.
 1423         (c) The department shall adopt such rules as are required
 1424  to administer this subsection.
 1425         (d) Notwithstanding any other provision of this subsection
 1426  to the contrary, this subsection does not apply to any special
 1427  risk member who qualifies for continued membership pursuant to
 1428  the provisions of paragraph (2)(3)(k).
 1429         (8)(9) RESTORATION OF SPECIAL RISK CREDIT FOR SPECIFIED
 1430  PERIOD OF EMPLOYMENT.—A special risk member who was removed from
 1431  the Special Risk Class effective October 1978, for the sole
 1432  reason that he or she did not possess the required certificate
 1433  or temporary waiver of certificate, and who obtained
 1434  certification and was approved for Special Risk Class membership
 1435  on or before June 30, 1982, shall be permitted to may have
 1436  special risk credit restored for that period upon:
 1437         (a) Certification by his or her employer that all
 1438  requirements for Special Risk Class membership except the
 1439  requirement for certification or temporary waiver of
 1440  certification were met; and
 1441         (b) Payment of contributions equal to the difference in the
 1442  contributions that were paid during the period and the
 1443  contributions required for special risk members during that
 1444  period, plus 6.5 percent interest thereon, compounded each June
 1445  30 from date of service until date of payment.
 1446  
 1447  This credit may be purchased by the member or by the employer on
 1448  behalf of the member.
 1449         (9)(10) CREDIT FOR UPGRADED SERVICE.—
 1450         (a) Any member of the Special Risk Class who has earned
 1451  creditable service through September 30, 1999, in another
 1452  membership class of the Florida Retirement System as an
 1453  emergency medical technician or paramedic, which service is
 1454  within the purview of the Special Risk Class, may purchase
 1455  additional retirement credit to upgrade such service to Special
 1456  Risk Class service, to the extent of the percentages of the
 1457  member’s average final compensation provided in s.
 1458  121.091(1)(a)2. Contributions for upgrading such service to
 1459  Special Risk Class credit under this subsection shall must be
 1460  equal to the difference in the contributions paid and the
 1461  Special Risk Class contribution rate as a percentage of gross
 1462  salary in effect for the period being claimed, plus interest
 1463  thereon at the rate of 6.5 percent a year, compounded annually
 1464  until the date of payment. This service credit may be purchased
 1465  by the employer on behalf of the member.
 1466         (b) Any member of the Special Risk Class who has earned
 1467  creditable service through September 30, 2001, in another
 1468  membership class of the Florida Retirement System whose
 1469  responsibilities included fire prevention or firefighter
 1470  training, which service is within the purview of the Special
 1471  Risk Class, may purchase additional retirement credit to upgrade
 1472  such service to Special Risk Class service, to the extent of the
 1473  percentages of the member’s average final compensation provided
 1474  in s. 121.091(1)(a)2. Contributions for upgrading such service
 1475  to Special Risk Class credit under this subsection shall must be
 1476  equal to the difference in the contributions paid and the
 1477  Special Risk Class contribution rate as a percentage of gross
 1478  salary in effect for the period being claimed, plus interest
 1479  thereon at the rate of 6.5 percent a year, compounded annually
 1480  until the date of payment. This service credit may be purchased
 1481  by the employer on behalf of the member.
 1482         (c) Any member of the Special Risk Class who has earned
 1483  creditable service through June 30, 2008, in another membership
 1484  class of the Florida Retirement System in a position with the
 1485  Department of Law Enforcement or the Division of State Fire
 1486  Marshal and became covered by the Special Risk Class as
 1487  described in paragraph (2)(3)(i), or with a local government law
 1488  enforcement agency or medical examiner’s office and became
 1489  covered by the Special Risk Class as described in paragraph
 1490  (2)(3)(j), which service is within the purview of the Special
 1491  Risk Class, and is employed in such position on or after July 1,
 1492  2008, may purchase additional retirement credit to upgrade such
 1493  service to Special Risk Class service, to the extent of the
 1494  percentages of the member’s average final compensation provided
 1495  in s. 121.091(1)(a)2. The cost for such credit shall must be an
 1496  amount representing the actuarial accrued liability for the
 1497  difference in accrual value during the affected period of
 1498  service. The cost shall be calculated using the discount rate
 1499  and other relevant actuarial assumptions that were used to value
 1500  the Florida Retirement System Defined Benefit Pension Plan
 1501  liabilities in the most recent actuarial valuation. The division
 1502  shall ensure that the transfer sum is prepared using a formula
 1503  and methodology certified by an enrolled actuary. The cost must
 1504  be paid immediately upon notification by the division. The local
 1505  government employer may purchase the upgraded service credit on
 1506  behalf of the member if the member has been employed by that
 1507  employer for at least 3 years.
 1508         Section 9. Paragraphs (a) and (d) of subsection (4),
 1509  paragraphs (b), (c), and (d) of subsection (7), and subsections
 1510  (8) and (10) of section 121.052, Florida Statutes, are amended
 1511  to read:
 1512         121.052 Membership class of elected officers.—
 1513         (4) PARTICIPATION BY ELECTED OFFICERS SERVING A SHORTENED
 1514  TERM DUE TO APPORTIONMENT, FEDERAL INTERVENTION, ETC.—
 1515         (a) Any A duly elected officer whose term of office was
 1516  shortened by legislative or judicial apportionment pursuant to
 1517  the provisions of s. 16, Art. III of the State Constitution may,
 1518  after the term of office to which he or she was elected is
 1519  completed, pay into the Florida Retirement System Trust Fund the
 1520  amount of contributions that would have been made by the officer
 1521  or the officer’s employer on his or her behalf, plus 4 percent
 1522  interest compounded annually from the date he or she left office
 1523  until July 1, 1975, and 6.5 percent interest compounded annually
 1524  thereafter, and may receive service credit for the length of
 1525  time the officer would have served if such term had not been
 1526  shortened by apportionment.
 1527         (d)1. Any justice or judge, or any retired justice or judge
 1528  who retired before July 1, 1993, who has attained the age of 70
 1529  years and who is prevented under s. 8, Art. V of the State
 1530  Constitution from completing his or her term of office because
 1531  of age may elect to purchase credit for all or a portion of the
 1532  months he or she would have served during the remainder of the
 1533  term of office but; however, he or she may claim those months
 1534  only after the date the service would have occurred. The justice
 1535  or judge must pay into the Florida Retirement System Trust Fund
 1536  the amount of contributions that would have been made by the
 1537  employer on his or her behalf for the period of time being
 1538  claimed, plus 6.5 percent interest thereon compounded each June
 1539  30 from the date he or she left office, in order to receive
 1540  service credit in this class for the period of time being
 1541  claimed. After the date the service would have occurred, and
 1542  upon payment of the required contributions, the retirement
 1543  benefit of a retired justice or judge will shall be adjusted
 1544  prospectively to include this the additional creditable service;
 1545  however, such adjustment may be made only once.
 1546         2. Any justice or judge who does not seek election to a
 1547  subsequent term of office because he or she would be prevented
 1548  under s. 8, Art. V of the State Constitution from completing
 1549  such term of office upon attaining the age of 70 years may elect
 1550  to purchase service credit for service as a temporary judge as
 1551  assigned by the court if the temporary assignment follows
 1552  immediately follows the last full term of office served and the
 1553  purchase is limited to the number of months of service needed to
 1554  vest retirement benefits. To receive retirement credit for such
 1555  temporary service beyond termination, the justice or judge must
 1556  pay into the Florida Retirement System Trust Fund the amount of
 1557  contributions that would have been made by the justice or judge
 1558  and the employer on his or her behalf had he or she continued in
 1559  office for the period of time being claimed, plus 6.5 percent
 1560  interest thereon compounded each June 30 from the date he or she
 1561  left office.
 1562         (7) CONTRIBUTIONS.—
 1563         (b) The employer paying the salary of a member of the
 1564  Elected Officers’ Class shall contribute an amount as specified
 1565  in this subsection or s. 121.71, as appropriate, which shall
 1566  constitute the entire employer retirement contribution with
 1567  respect to such member. The employer shall also withhold one
 1568  half of the entire contribution of the member required for
 1569  social security coverage. Effective July 1, 2011, each member of
 1570  the Elected Officers’ Class shall pay employee contributions as
 1571  specified in s. 121.71.
 1572         (c) If a member of the Elected Officers’ Class ceases to
 1573  fill an office covered by this class for 3 calendar months for
 1574  any reason other than retirement and has not been employed in
 1575  any capacity with any participating employer for 3 calendar
 1576  months, the member may receive a refund of all contributions he
 1577  or she has made to the pension plan, subject to the restrictions
 1578  otherwise provided in this chapter. Partial refunds are not
 1579  permitted. The refund shall not include any interest earnings on
 1580  the contributions for a member of the pension plan. Employer
 1581  contributions made on behalf of the member are not refundable. A
 1582  member may not receive a refund of employee contributions if a
 1583  pending or an approved qualified domestic relations order is
 1584  filed against the member’s retirement account. By obtaining a
 1585  refund of contributions, a member waives all rights under the
 1586  Florida Retirement System and the health insurance subsidy
 1587  provided under s. 112.363 to the service credit represented by
 1588  the refunded contributions, except the right to purchase his or
 1589  her prior service credit in accordance with s. 121.081(2).
 1590         (c)(d) The following table states the required employer
 1591  contribution on behalf of each member of the Elected Officers’
 1592  Class in terms of a percentage of the member’s gross
 1593  compensation. Such contribution constitutes the entire health
 1594  insurance subsidy contribution with respect to each such member.
 1595  A change in the contribution rate is effective with the first
 1596  salary paid on or after the beginning date of the change. The
 1597  retiree health insurance subsidy contribution rate is as
 1598  follows:
 1599  Dates of Contribution Rate Changes                  ContributionRate
 1600  October 1, 1987, through December 31, 1988               0.24%      
 1601  January 1, 1989, through December 31, 1993               0.48%      
 1602  January 1, 1994, through December 31, 1994               0.56%      
 1603  January 1, 1995, through June 30, 1998                   0.66%      
 1604  July 1, 1998, through June 30, 2001                      0.94%      
 1605  Effective July 1, 2001                                   1.11%      
 1606  Such contributions and accompanying payroll data are due and
 1607  payable no later than the 5th working day of the month
 1608  immediately following the month during which the payroll period
 1609  ended and shall be deposited by the administrator in the Retiree
 1610  Health Insurance Subsidy Trust Fund.
 1611         (8) NORMAL RETIREMENT DATE; VESTING REQUIREMENT.—A member
 1612  of the Elected Officers’ Class shall have the same normal
 1613  retirement date and vesting requirement, as those terms are
 1614  defined in s. 121.021(29) and (45), for a member of the regular
 1615  class of the Florida Retirement System. Any public service
 1616  commissioner who was removed from the Elected State Officers’
 1617  Class on July 1, 1979, after attaining at least 8 years of
 1618  creditable service in that class shall be is considered to have
 1619  reached the normal retirement date upon attaining age 62 as
 1620  required in s. 121.021(29)(a).
 1621         (10) ACCRUED SERVICE VALUE.—A member of the Elected
 1622  Officers’ Class who is a Supreme Court justice, district court
 1623  of appeal judge, circuit judge, or county court judge shall
 1624  receive judicial retirement credit of 3 1/3 percent of average
 1625  final compensation, and all other members shall receive elected
 1626  officer retirement credit accrual value of 3 percent of average
 1627  final compensation, for each year of creditable service in such
 1628  class.
 1629         Section 10. Paragraph (a) of subsection (7) of section
 1630  121.053, Florida Statutes, is amended to read:
 1631         121.053 Participation in the Elected Officers’ Class for
 1632  retired members.—
 1633         (7) A member who is elected or appointed to an elective
 1634  office and who is participating in the Deferred Retirement
 1635  Option Program is not subject to termination as defined in s.
 1636  121.021, or reemployment limitations as provided in s.
 1637  121.091(9), until the end of his or her current term of office
 1638  or, if the officer is consecutively elected or reelected to an
 1639  elective office eligible for coverage under the Florida
 1640  Retirement System, until he or she no longer holds an elective
 1641  office, as follows:
 1642         (a) At the end of the 60-month DROP period:
 1643         1. The officer’s DROP account may not accrue additional
 1644  monthly benefits, but does continue to earn interest as provided
 1645  in s. 121.091(13). However, an officer whose DROP participation
 1646  begins on or after July 1, 2010, may not continue to earn such
 1647  interest.
 1648         2. Retirement contributions, except for unfunded actuarial
 1649  liability and health insurance subsidy contributions required in
 1650  ss. 121.71(5) and 121.76, are not required of the employer of
 1651  the elected officer, and additional retirement credit may not be
 1652  earned under the Florida Retirement System.
 1653         Section 11. Paragraphs (b) and (j) of subsection (1),
 1654  paragraphs (b), (c), and (d) of subsection (3), paragraph (b) of
 1655  subsection (4), and paragraphs (c), (d), and (e) of subsection
 1656  (6) of section 121.055, Florida Statutes, are amended to read:
 1657         121.055 Senior Management Service Class.—There is hereby
 1658  established a separate class of membership within the Florida
 1659  Retirement System to be known as the “Senior Management Service
 1660  Class,” which shall become effective February 1, 1987.
 1661         (1)
 1662         (b)1. Except as provided in subparagraph 2., effective
 1663  January 1, 1990, participation in the Senior Management Service
 1664  Class shall be is compulsory for the president of each community
 1665  college, the manager of each participating city municipality or
 1666  county, and all appointed district school superintendents.
 1667  Effective January 1, 1994, additional positions may be
 1668  designated for inclusion in the Senior Management Service Class
 1669  of the Florida Retirement System, provided that if:
 1670         a. Positions to be included in the class shall be are
 1671  designated by the local agency employer. Notice of intent to
 1672  designate positions for inclusion in the class shall must be
 1673  published once a week for 2 consecutive weeks in a newspaper of
 1674  general circulation published in the county or counties
 1675  affected, as provided in chapter 50.
 1676         b. Up to 10 nonelective full-time positions may be
 1677  designated for each local agency employer reporting to the
 1678  Department of Management Services; for local agencies with 100
 1679  or more regularly established positions, additional nonelective
 1680  full-time positions may be designated, not to exceed 1 percent
 1681  of the regularly established positions within the agency.
 1682         c. Each position added to the class must be a managerial or
 1683  policymaking position filled by an employee who is not subject
 1684  to continuing contract and serves at the pleasure of the local
 1685  agency employer without civil service protection, and who:
 1686         (I) Heads an organizational unit; or
 1687         (II) Has responsibility to effect or recommend personnel,
 1688  budget, expenditure, or policy decisions in his or her areas of
 1689  responsibility.
 1690         2. In lieu of participation in the Senior Management
 1691  Service Class, members of the Senior Management Service Class,
 1692  pursuant to the provisions of subparagraph 1., may withdraw from
 1693  the Florida Retirement System altogether. The decision to
 1694  withdraw from the Florida Retirement System shall be is
 1695  irrevocable for as long as the employee holds such a the
 1696  position. Any service creditable under the Senior Management
 1697  Service Class shall be retained after the member withdraws from
 1698  the Florida Retirement System; however, additional service
 1699  credit in the Senior Management Service Class shall may not be
 1700  earned after such withdrawal. Such members shall are not be
 1701  eligible to participate in the Senior Management Service
 1702  Optional Annuity Program.
 1703         3. Effective January 1, 2006, through June 30, 2006, an
 1704  employee who has withdrawn from the Florida Retirement System
 1705  under subparagraph 2. has one opportunity to elect to
 1706  participate in either the defined benefit program pension plan
 1707  or the Public Employee Optional Retirement Program of the
 1708  Florida Retirement System investment plan.
 1709         a. If the employee elects to participate in the Public
 1710  Employee Optional Retirement Program investment plan, membership
 1711  shall be prospective, and the applicable provisions of s.
 1712  121.4501(4) shall govern the election.
 1713         b. If the employee elects to participate in the defined
 1714  benefit program of the Florida Retirement System pension plan,
 1715  the employee shall, upon payment to the system trust fund of the
 1716  amount calculated under sub-sub-subparagraph (I), receive
 1717  service credit for prior service based upon the time during
 1718  which the employee had withdrawn from the system.
 1719         (I) The cost for such credit shall be an amount
 1720  representing the actuarial accrued liability for the affected
 1721  period of service. The cost shall be calculated using the
 1722  discount rate and other relevant actuarial assumptions that were
 1723  used to value the Florida Retirement System defined benefit
 1724  pension plan liabilities in the most recent actuarial valuation.
 1725  The calculation shall must include any service already
 1726  maintained under the defined benefit pension plan in addition to
 1727  the period of withdrawal. The actuarial accrued liability
 1728  attributable to any service already maintained under the defined
 1729  benefit pension plan shall be applied as a credit to the total
 1730  cost resulting from the calculation. The division shall must
 1731  ensure that the transfer sum is prepared using a formula and
 1732  methodology certified by an actuary.
 1733         (II) The employee must transfer a sum representing the net
 1734  cost owed for the actuarial accrued liability in sub-sub
 1735  subparagraph (I) immediately following the time of such
 1736  movement, determined assuming that attained service equals the
 1737  sum of service in the defined benefit program pension plan and
 1738  the period of withdrawal.
 1739         (j) Except as may otherwise be provided, any a member of
 1740  the Senior Management Service Class may purchase additional
 1741  retirement credit in such class for creditable service within
 1742  the purview of the Senior Management Service Class retroactive
 1743  to February 1, 1987, and may upgrade retirement credit for such
 1744  service, to the extent of 2 percent of the member’s average
 1745  monthly compensation as specified in paragraph (4)(d) for such
 1746  service. Contributions for upgrading the additional Senior
 1747  Management Service credit pursuant to this paragraph shall must
 1748  be equal to the difference in the employer and, if applicable,
 1749  employee contributions paid and the Senior Management Service
 1750  Class contribution rate as a percentage of gross salary in
 1751  effect for the period being claimed, plus interest thereon at
 1752  the rate of 6.5 percent a year, compounded annually until the
 1753  date of payment. This service credit may be purchased by the
 1754  employer on behalf of the member.
 1755         (3)
 1756         (b) The employer paying the salary of a member of the
 1757  Senior Management Service Class shall contribute an amount as
 1758  specified in this section or s. 121.71, as appropriate, which
 1759  shall constitute the entire employer retirement contribution
 1760  with respect to such member. The employer shall also withhold
 1761  one-half of the entire contribution of the member required for
 1762  social security coverage. Effective July 1, 2011, each member
 1763  shall pay employee contributions as specified in s. 121.71.
 1764         (c) Upon termination of employment from all participating
 1765  employers for 3 calendar months for any reason other than
 1766  retirement pursuant to s. 121.021(39)(c), a member may receive a
 1767  refund of all contributions he or she has made to the pension
 1768  plan, subject to the restrictions otherwise provided in this
 1769  chapter. Partial refunds are not permitted. The refund shall not
 1770  include any interest earnings on the contributions for a member
 1771  of the pension plan. Employer contributions made on behalf of
 1772  the member are not refundable. A member may not receive a refund
 1773  of employee contributions if a pending or an approved qualified
 1774  domestic relations order is filed against the member’s
 1775  retirement account. By obtaining a refund of contributions, a
 1776  member waives all rights under the Florida Retirement System and
 1777  the health insurance subsidy provided under s. 112.363 to the
 1778  service credit represented by the refunded contributions, except
 1779  the right to purchase his or her prior service credit in
 1780  accordance with s. 121.081(2).
 1781         (c)(d) The following table states the required employer
 1782  contribution on behalf of each member of the Senior Management
 1783  Service Class in terms of a percentage of the member’s gross
 1784  compensation. Such contribution constitutes the entire health
 1785  insurance subsidy contribution with respect to each such member.
 1786  A change in the contribution rate is effective with the first
 1787  salary paid on or after the beginning date of the change. The
 1788  retiree health insurance subsidy contribution rate is as
 1789  follows:
 1790  
 1791  Dates of Contribution Rate Changes              ContributionRate
 1792                                                  
 1793  October 1, 1987, through December 31, 1988          0.24%     
 1794  January 1, 1989, through December 31, 1993          0.48%     
 1795  January 1, 1994, through December 31, 1994          0.56%     
 1796  January 1, 1995, through June 30, 1998              0.66%     
 1797  July 1, 1998, through June 30, 2001                 0.94%     
 1798  Effective July 1, 2001                              1.11%     
 1799  Such contributions and accompanying payroll data are due and
 1800  payable no later than the 5th working day of the month
 1801  immediately after following the month during which the payroll
 1802  period ended and shall be deposited by the administrator in the
 1803  Retiree Health Insurance Subsidy Trust Fund.
 1804         (4)
 1805         (b) Service in an eligible position prior to before
 1806  February 1, 1987, or after January 31, 1987, shall satisfy the
 1807  requirement of attaining the normal retirement date as defined
 1808  in s. 121.021(29) for a Senior Management Service Class member,
 1809  provided if the employee is a member of the Senior Management
 1810  Service Class after January 31, 1987. A member of this class who
 1811  fails to complete 6 the years of creditable service required for
 1812  vesting in an eligible position shall be required to must
 1813  satisfy the requirements for the normal retirement date for a
 1814  regular member as provided in s. 121.021(29) and vesting as
 1815  provided in s. 121.021(45).
 1816         (6)
 1817         (c) Participation.—
 1818         1. An eligible employee who is employed on or before
 1819  February 1, 1987, may elect to participate in the optional
 1820  annuity program in lieu of participation participating in the
 1821  Senior Management Service Class. Such election must be made in
 1822  writing and filed with the department and the personnel officer
 1823  of the employer on or before May 1, 1987. An eligible employee
 1824  who is employed on or before February 1, 1987, and who fails to
 1825  make an election to participate in the optional annuity program
 1826  by May 1, 1987, shall be deemed to have elected membership in
 1827  the Senior Management Service Class.
 1828         2. Except as provided in subparagraph 6., an employee who
 1829  becomes eligible to participate in the optional annuity program
 1830  by reason of initial employment commencing after February 1,
 1831  1987, may, within 90 days after the date of commencing
 1832  employment, elect to participate in the optional annuity
 1833  program. Such election must be made in writing and filed with
 1834  the personnel officer of the employer. An eligible employee who
 1835  does not within 90 days after commencing employment elect to
 1836  participate in the optional annuity program shall be deemed to
 1837  have elected membership in the Senior Management Service Class.
 1838         3. A person who is appointed to a position in the Senior
 1839  Management Service Class and who is a member of an existing
 1840  retirement system or the Special Risk or Special Risk
 1841  Administrative Support Classes of the Florida Retirement System
 1842  may elect to remain in such system or class in lieu of
 1843  participation participating in the Senior Management Service
 1844  Class or optional annuity program. Such election must be made in
 1845  writing and filed with the department and the personnel officer
 1846  of the employer within 90 days of after such appointment. Any An
 1847  eligible employee who fails to make an election to participate
 1848  in the existing system, the Special Risk Class of the Florida
 1849  Retirement System, the Special Risk Administrative Support Class
 1850  of the Florida Retirement System, or the optional annuity
 1851  program shall be deemed to have elected membership in the Senior
 1852  Management Service Class.
 1853         4. Except as provided in subparagraph 5., an employee’s
 1854  election to participate in the optional annuity program is
 1855  irrevocable if the employee continues to be employed in an
 1856  eligible position and continues to meet the eligibility
 1857  requirements set forth in this paragraph.
 1858         5. Effective from July 1, 2002, through September 30, 2002,
 1859  any an active employee in a regularly established position who
 1860  has elected to participate in the Senior Management Service
 1861  Optional Annuity Program has one opportunity to choose to move
 1862  from the Senior Management Service Optional Annuity Program to
 1863  the Florida Retirement System defined benefit program System
 1864  Pension Plan.
 1865         a. The election must be made in writing and must be filed
 1866  with the department and the personnel officer of the employer
 1867  before October 1, 2002, or, in the case of an active employee
 1868  who is on a leave of absence on July 1, 2002, within 90 days
 1869  after the conclusion of the leave of absence. This election is
 1870  irrevocable.
 1871         b. The employee shall receive service credit under the
 1872  defined benefit program of the Florida Retirement System pension
 1873  plan equal to his or her years of service under the Senior
 1874  Management Service Optional Annuity Program. The cost for such
 1875  credit is the amount representing the present value of that
 1876  employee’s accumulated benefit obligation for the affected
 1877  period of service.
 1878         c. The employee must transfer the total accumulated
 1879  employer contributions and earnings on deposit in his or her
 1880  Senior Management Service Optional Annuity Program account. If
 1881  the transferred amount is not sufficient to pay the amount due,
 1882  the employee must pay a sum representing the remainder of the
 1883  amount due. The employee may not retain any employer
 1884  contributions or earnings thereon from the Senior Management
 1885  Service Optional Annuity Program account.
 1886         6. A retiree of a state-administered retirement system who
 1887  is initially reemployed on or after July 1, 2010, may not renew
 1888  membership in the Senior Management Service Optional Annuity
 1889  Program.
 1890         (d) Contributions.—
 1891         1.a. Through June 30, 2001, each employer shall contribute
 1892  on behalf of each participant in member of the Senior Management
 1893  Service Optional Annuity Program an amount equal to the normal
 1894  cost portion of the employer retirement contribution which would
 1895  be required if the participant member were a Senior Management
 1896  Service Class member of the Florida Retirement System Defined
 1897  Benefit Program Pension Plan, plus the portion of the
 1898  contribution rate required in s. 112.363(8) that would otherwise
 1899  be assigned to the Retiree Health Insurance Subsidy Trust Fund.
 1900         b. Effective July 1, 2001, through June 30, 2011, each
 1901  employer shall contribute on behalf of each participant in
 1902  member of the optional program an amount equal to 12.49 percent
 1903  of the participant’s employee’s gross monthly compensation.
 1904         c. Effective July 1, 2011, each member of the optional
 1905  annuity program shall contribute an amount equal to the employee
 1906  contribution required under s. 121.71(3). The employer shall
 1907  contribute on behalf of such employee an amount equal to the
 1908  difference between 12.49 percent of the employee’s gross monthly
 1909  compensation and the amount equal to the employee’s required
 1910  contribution based on the employee’s gross monthly compensation.
 1911         d. The department shall deduct an amount approved by the
 1912  Legislature to provide for the administration of this program.
 1913  The payment of the contributions to the optional program which
 1914  is required by this subparagraph for each participant, including
 1915  contributions made by the employee, shall be made by the
 1916  employer to the department, which shall forward the
 1917  contributions to the designated company or companies contracting
 1918  for payment of benefits for the participant member under the
 1919  program.
 1920         2. Each employer shall contribute on behalf of each
 1921  participant in member of the Senior Management Service Optional
 1922  Annuity Program an amount equal to the unfunded actuarial
 1923  accrued liability portion of the employer contribution which
 1924  would be required for members of the Senior Management Service
 1925  Class in the Florida Retirement System. This contribution shall
 1926  be paid to the department for transfer to the Florida Retirement
 1927  System Trust Fund.
 1928         3. An Optional Annuity Program Trust Fund shall be
 1929  established in the State Treasury and administered by the
 1930  department to make payments to provider companies on behalf of
 1931  the optional annuity program participants members, and to
 1932  transfer the unfunded liability portion of the state optional
 1933  annuity program contributions to the Florida Retirement System
 1934  Trust Fund.
 1935         4. Contributions required for social security by each
 1936  employer and each participant employee, in the amount required
 1937  for social security coverage as now or hereafter may be provided
 1938  by the federal Social Security Act shall be maintained for each
 1939  participant in member of the Senior Management Service
 1940  retirement program and shall be are in addition to the
 1941  retirement contributions specified in this paragraph.
 1942         5. Each participant in member of the Senior Management
 1943  Service Optional Annuity Program may contribute by way of salary
 1944  reduction or deduction a percentage amount of the participant’s
 1945  employee’s gross compensation not to exceed the percentage
 1946  amount contributed by the employer to the optional annuity
 1947  program. Payment of the participant’s employee’s contributions
 1948  shall be made by the employer to the department, which shall
 1949  forward the contributions to the designated company or companies
 1950  contracting for payment of benefits for the participant member
 1951  under the program.
 1952         (e) Benefits.—
 1953         1. Benefits under the Senior Management Service Optional
 1954  Annuity Program are payable only to participants in members of
 1955  the program, or their beneficiaries as designated by the
 1956  participant member in the contract with the provider company,
 1957  and must be paid by the designated company in accordance with
 1958  the terms of the annuity contract applicable to the participant
 1959  member. A participant member must be terminated from all
 1960  employment relationships with Florida Retirement System
 1961  employers as provided in s. 121.021(39) for 3 calendar months to
 1962  begin receiving the employer-funded and employee-funded benefit.
 1963  The member must meet the definition of termination in s.
 1964  121.021(39) beginning the month after receiving a benefit,
 1965  including a distribution. Benefits funded by employer and
 1966  employee contributions are payable under the terms of the
 1967  contract to the participant member, his or her beneficiary, or
 1968  his or her estate, in addition to:
 1969         a. A lump-sum payment to the beneficiary upon the death of
 1970  the participant member;
 1971         b. A cash-out of a de minimis account upon the request of a
 1972  former participant member who has been terminated for a minimum
 1973  of 6 calendar months from the employment that entitled him or
 1974  her to optional annuity program participation. Such cash-out
 1975  must be a complete liquidation of the account balance with that
 1976  company and is subject to the Internal Revenue Code;
 1977         c. A mandatory distribution of a de minimis account of a
 1978  former participant member who has been terminated for a minimum
 1979  of 6 calendar months from the employment that entitled him or
 1980  her to optional annuity program participation as authorized by
 1981  the department; or
 1982         d. A lump-sum direct rollover distribution whereby all
 1983  accrued benefits, plus interest and investment earnings, are
 1984  paid from the participant’s member’s account directly to the
 1985  custodian of an eligible retirement plan, as defined in s.
 1986  402(c)(8)(B) of the Internal Revenue Code, on behalf of the
 1987  participant member.
 1988         2. Under the Senior Management Service Optional Annuity
 1989  Program, benefits, including employee contributions, are not
 1990  payable for employee hardships, unforeseeable emergencies,
 1991  loans, medical expenses, educational expenses, purchase of a
 1992  principal residence, payments necessary to prevent eviction or
 1993  foreclosure on an employee’s principal residence, or any other
 1994  reason before termination from all employment relationships with
 1995  participating employers for 3 calendar months.
 1996         2.3. The benefits payable to any person under the Senior
 1997  Management Service Optional Annuity Program, and any
 1998  contribution accumulated under such program, are not subject to
 1999  assignment, execution, or attachment or to any legal process
 2000  whatsoever.
 2001         3.4. Except as provided in subparagraph 4.5., a participant
 2002  member who terminates employment and receives a distribution,
 2003  including a rollover or trustee-to-trustee transfer, funded by
 2004  employer and required employee contributions shall be is deemed
 2005  to be retired from a state-administered retirement system if the
 2006  participant member is subsequently employed with an employer
 2007  that participates in the Florida Retirement System.
 2008         4.5. A participant member who receives optional annuity
 2009  program benefits funded by employer and employee contributions
 2010  as a mandatory distribution of a de minimis account authorized
 2011  by the department is not considered a retiree.
 2012  
 2013  As used in this paragraph, a “de minimis account” means an
 2014  account with a provider company containing employer and employee
 2015  contributions and accumulated earnings of not more than $5,000
 2016  made under this chapter.
 2017         Section 12. Subsection (2) of section 121.061, Florida
 2018  Statutes, is amended to read:
 2019         121.061 Funding.—
 2020         (2)(a) Should any employer other than a state employer fail
 2021  to make the retirement and social security contributions, both
 2022  member and employer contributions, required by this chapter,
 2023  then, upon request by the administrator, the Department of
 2024  Revenue or the Department of Financial Services, as the case may
 2025  be, shall deduct the amount owed by the employer from any funds
 2026  to be distributed by it to the county, city municipality,
 2027  metropolitan planning organization, special district, or
 2028  consolidated form of government. The amounts so deducted shall
 2029  be transferred to the administrator for further distribution to
 2030  the trust funds in accordance with this chapter.
 2031         (b) Should any employer for whom the city municipality or
 2032  county tax collector collects taxes, fail to make the retirement
 2033  and social security contributions required by this chapter, the
 2034  tax collector, at the request of the administrator and upon
 2035  receipt of a certificate from the administrator showing the
 2036  amount owed by the employer, shall deduct the amount so
 2037  certified from any taxes collected for the employer and remit
 2038  the amount to the administrator for further distribution to the
 2039  trust funds in accordance with this chapter.
 2040         (c) The governing body of each county, city municipality,
 2041  metropolitan planning organization, special district, or
 2042  consolidated form of government participating under this chapter
 2043  or the administrator, acting individually or jointly, is hereby
 2044  authorized to file and maintain an action in the courts of the
 2045  state to require any employer to remit any retirement or social
 2046  security member contributions or employer matching payments due
 2047  the retirement or social security trust funds under the
 2048  provisions of this chapter.
 2049         (d) Should the income of any constitutional fee officer, in
 2050  any year, be insufficient to make the matching payments required
 2051  by this chapter, the board of county commissioners shall provide
 2052  such fee officer sufficient funds to make these required
 2053  payments when due.
 2054         Section 13. Subsections (2) and (5), paragraphs (c) and (d)
 2055  of subsection (6), and subsection (7) of section 121.071,
 2056  Florida Statutes, are amended to read:
 2057         121.071 Contributions.—Contributions to the system shall be
 2058  made as follows:
 2059         (2)(a) Effective January 1, 1975, or October 1, 1975, as
 2060  applicable, and through June 30, 2011, each employer shall
 2061  accomplish make the contribution required by subsection (1) by a
 2062  procedure in which no employee’s gross salary shall be is
 2063  reduced. Effective July 1, 2011, each employer and employee
 2064  shall pay retirement contributions as specified in s. 121.71.
 2065         (b) Upon termination of employment from all participating
 2066  employers for 3 calendar months for any reason other than
 2067  retirement pursuant to s. 121.021(39)(c), a member shall be
 2068  entitled to may receive a full refund of the all contributions
 2069  he or she has made prior or subsequent to participation in the
 2070  noncontributory to the pension plan, subject to the restrictions
 2071  otherwise provided in this chapter. Partial refunds are not
 2072  permitted. The refund may not include any interest earnings on
 2073  the contributions for a member of the pension plan. Employer
 2074  contributions made on behalf of the member are not refundable. A
 2075  member may not receive a refund of employee contributions if a
 2076  pending or an approved qualified domestic relations order is
 2077  filed against his or her retirement account. By obtaining a
 2078  refund of contributions, a member waives all rights under the
 2079  Florida Retirement System and the health insurance subsidy to
 2080  the service credit represented by the refunded contributions,
 2081  except the right to purchase his or her prior service credit in
 2082  accordance with s. 121.081(2).
 2083         (5) Contributions made in accordance with subsections (1),
 2084  (2), (3), and (4), and s. 121.71 shall be paid by the employer
 2085  into the system trust funds in accordance with rules adopted by
 2086  the administrator pursuant to chapter 120, except as may be
 2087  otherwise specified herein. Effective July 1, 2002,
 2088  contributions paid under subsections (1) and (4) and
 2089  accompanying payroll data are due and payable no later than the
 2090  5th working day of the month immediately after following the
 2091  month during which the payroll period ended.
 2092         (6)
 2093         (c) By obtaining a refund of contributions, a member waives
 2094  all rights under the Florida Retirement System and the health
 2095  insurance subsidy as provided in s. 112.363 to the service
 2096  credit represented by the refunded contributions, except the
 2097  right to purchase his or her prior service credit in accordance
 2098  with s. 121.081(2).
 2099         (d) If a member or former member of the pension plan
 2100  receives an invalid refund from the Florida Retirement System
 2101  Trust Fund, such person must repay the full amount of the
 2102  invalid refund, plus interest at 6.5 percent compounded annually
 2103  on each June 30 from the date of refund until full payment is
 2104  made to the trust fund. The invalid refund must be repaid before
 2105  the member retires or, if applicable, transfers to the
 2106  investment plan.
 2107         (7) Before termination of employment, benefits, including
 2108  employee contributions, are not payable under the pension plan
 2109  for employee hardships, unforeseeable emergencies, loans,
 2110  medical expenses, educational expenses, purchase of a principal
 2111  residence, payments necessary to prevent eviction or foreclosure
 2112  on an employee’s principal residence, or any other reason before
 2113  termination from all employment relationships with participating
 2114  employers.
 2115         Section 14. Paragraphs (b) and (c) of subsection (1) and
 2116  subsection (2) of section 121.081, Florida Statutes, are amended
 2117  to read:
 2118         121.081 Past service; prior service; contributions.
 2119  Conditions under which past service or prior service may be
 2120  claimed and credited are:
 2121         (1)
 2122         (b) Past service earned after January 1, 1975, may be
 2123  claimed by officers or employees of a municipality, metropolitan
 2124  planning organization, charter school, charter technical career
 2125  center, or special district who become a covered group under
 2126  this system. The governing body of a covered group may elect to
 2127  provide benefits for past service earned after January 1, 1975,
 2128  in accordance with this chapter, and. the cost for such past
 2129  service is established by applying the following formula: The
 2130  employer shall contribute an amount equal to the employer
 2131  contribution rate in effect at the time the service was earned
 2132  and, if applicable, the employee contribution rate, multiplied
 2133  by the employee’s gross salary for each year of past service
 2134  claimed, plus 6.5-percent 6.5 percent interest thereon,
 2135  compounded annually, figured on for each year of past service,
 2136  with interest compounded from date of annual salary earned until
 2137  date of payment.
 2138         (c) Should the employer If an employer joins the Florida
 2139  Retirement System and does not elect to provide past service for
 2140  the member at the time of joining, then the member may claim and
 2141  pay same, based on for the service as provided in paragraphs (a)
 2142  and (b).
 2143         (2) Prior service, as defined in s. 121.021(19), may be
 2144  claimed as creditable service under the Florida Retirement
 2145  System after a member has been reemployed for 1 complete year of
 2146  creditable service within a period of 12 consecutive months,
 2147  except as provided in paragraph (c). Service performed as a
 2148  participant member of the optional retirement program for the
 2149  State University System under s. 121.35 or the Senior Management
 2150  Service Optional Annuity Program under s. 121.055 may be used to
 2151  satisfy the reemployment requirement of 1 complete year of
 2152  creditable service. The member shall not be permitted to make
 2153  any contributions for prior service until after completion of
 2154  the 1 year of creditable service. If a member does not wish to
 2155  claim credit for all of his or her prior service, the service
 2156  the member claims must be the most recent period of service. The
 2157  required contributions for claiming the various types of prior
 2158  service are:
 2159         (a) For prior service performed prior to before the date
 2160  the system becomes noncontributory for the member and for which
 2161  the member had credit under one of the existing retirement
 2162  systems and received a refund of contributions upon termination
 2163  of employment, the member shall contribute 4 percent of all
 2164  salary received during the period being claimed, plus 4-percent
 2165  4 percent interest compounded annually from date of refund until
 2166  July 1, 1975, and 6.5-percent 6.5 percent interest compounded
 2167  annually thereafter, until full payment is made to the Florida
 2168  Retirement System Trust Fund, and shall receive credit in the
 2169  Regular Class. A member who elected to transfer to the Florida
 2170  Retirement System from an existing system may receive credit for
 2171  prior service under the existing system if he or she was
 2172  eligible under the existing system to claim the prior service at
 2173  the time of the transfer. Contributions for such prior service
 2174  shall be determined by the applicable provisions of the system
 2175  under which the prior service is claimed and shall be paid by
 2176  the member, with matching contributions paid by the employer at
 2177  the time the service was performed. Effective July 1, 1978, the
 2178  account of a person who terminated under s. 238.05(3) may not be
 2179  charged interest for contributions that remained on deposit in
 2180  the Annuity Savings Trust Fund established under chapter 238,
 2181  upon retirement under this chapter or chapter 238.
 2182         (b) For prior service performed prior to before the date
 2183  the system becomes noncontributory for the member and for which
 2184  the member had credit under the Florida Retirement System and
 2185  received a refund of contributions upon termination of
 2186  employment, the member shall contribute at the rate that was
 2187  required of him or her during the period of service being
 2188  claimed, on all salary received during such period, plus 4
 2189  percent 4 percent interest compounded annually from date of
 2190  refund until July 1, 1975, and 6.5-percent 6.5 percent interest
 2191  compounded annually thereafter, until the full payment is made
 2192  to the Florida Retirement System Trust Fund, and shall receive
 2193  credit in the membership class in which the member participated
 2194  during the period claimed.
 2195         (c) For prior service as defined in s. 121.021(19)(b) and
 2196  (c) during which no contributions were made because the member
 2197  did not participate in a retirement system, the member shall
 2198  contribute 14.38 percent of all salary received during such
 2199  period or 14.38 percent of $100 per month during such period,
 2200  whichever is greater, plus 4-percent 4 percent interest
 2201  compounded annually from the first year of service claimed until
 2202  July 1, 1975, and 6.5-percent 6.5 percent interest compounded
 2203  annually thereafter, until full payment is made to the
 2204  Retirement Trust Fund, and shall receive credit in the Regular
 2205  Class.
 2206         (d) In order to claim credit for prior service as defined
 2207  in s. 121.021(19)(d) for which no retirement contributions were
 2208  paid during the period of such service, the member shall
 2209  contribute the total employee and employer contributions which
 2210  were required to be made to the Highway Patrol Pension Trust
 2211  Fund, as provided in chapter 321, during the period claimed,
 2212  plus 4-percent 4 percent interest compounded annually from the
 2213  first year of service until July 1, 1975, and 6.5-percent 6.5
 2214  percent interest compounded annually thereafter, until full
 2215  payment is made to the Retirement Trust Fund. However, any
 2216  governmental entity which that employed such member may elect to
 2217  pay up to 50 percent of the contributions and interest required
 2218  to purchase this the prior service credit. The service shall be
 2219  credited in accordance with the provisions of the Highway Patrol
 2220  Pension Plan in effect during the period claimed unless the
 2221  member terminated and withdrew his or her retirement
 2222  contributions and was thereafter enrolled in the State and
 2223  County Officers and Employees’ Retirement System or the Florida
 2224  Retirement System, in which case the service shall be credited
 2225  as Regular Class service.
 2226         (e) For service performed under the Florida Retirement
 2227  System after December 1, 1970, that which was never reported to
 2228  the division or the department due to error, retirement credit
 2229  may be claimed by a member of the Florida Retirement System. The
 2230  department shall adopt rules establishing criteria for claiming
 2231  such credit and detailing the documentation required to
 2232  substantiate the error.
 2233         (f) For prior service performed on or after July 1, 2011,
 2234  for which the member had credit under the Florida Retirement
 2235  System and received a refund of contributions 3 calendar months
 2236  after termination of employment, the member shall contribute at
 2237  the rate that was required during the period of service being
 2238  claimed, plus 6.5 percent interest, compounded annually on each
 2239  June 30 from date of refund until the full payment is made to
 2240  the Florida Retirement System Trust Fund, and receive credit in
 2241  the membership class in which the member participated during the
 2242  period claimed.
 2243         (f)(g) The employer may not be required to make
 2244  contributions for prior service credit for any member, except
 2245  that the employer shall pay the employer portion of
 2246  contributions for any legislator who elects to withdraw from the
 2247  Florida Retirement System and later rejoins the system and pays
 2248  any employee contributions required in accordance with s.
 2249  121.052(3)(d).
 2250         Section 15. Paragraphs (a) and (b) of subsection (3),
 2251  paragraphs (a) and (j) of subsection (4), paragraphs (a) and (c)
 2252  of subsection (5), paragraph (d) of subsection (9), paragraphs
 2253  (a) and (c) of subsection (13), and paragraph (d) of subsection
 2254  (14) of section 121.091, Florida Statutes, are amended to read:
 2255         121.091 Benefits payable under the system.—Benefits may not
 2256  be paid under this section unless the member has terminated
 2257  employment as provided in s. 121.021(39)(a) or begun
 2258  participation in the Deferred Retirement Option Program as
 2259  provided in subsection (13), and a proper application has been
 2260  filed in the manner prescribed by the department. The department
 2261  may cancel an application for retirement benefits when the
 2262  member or beneficiary fails to timely provide the information
 2263  and documents required by this chapter and the department’s
 2264  rules. The department shall adopt rules establishing procedures
 2265  for application for retirement benefits and for the cancellation
 2266  of such application when the required information or documents
 2267  are not received.
 2268         (3) EARLY RETIREMENT BENEFIT.—Upon retirement on his or her
 2269  early retirement date, the member shall receive an immediate
 2270  monthly benefit that shall begin to accrue on the first day of
 2271  the month of the retirement date and be payable on the last day
 2272  of that month and each month thereafter during his or her
 2273  lifetime. Such benefit shall be calculated as follows:
 2274         (a) For a member initially enrolled:
 2275         1. Before July 1, 2011, The amount of each monthly payment
 2276  shall be computed in the same manner as for a normal retirement
 2277  benefit, in accordance with subsection (1), but shall be based
 2278  on the member’s average monthly compensation and creditable
 2279  service as of the member’s early retirement date. The benefit so
 2280  computed shall be reduced by five-twelfths of 1 percent for each
 2281  complete month by which the early retirement date precedes the
 2282  normal retirement date of age 62 for a member of the Regular
 2283  Class, Senior Management Service Class, or the Elected Officers’
 2284  Class, and age 55 for a member of the Special Risk Class, or age
 2285  52 if a Special Risk member has completed 25 years of creditable
 2286  service in accordance with s. 121.021(29)(b)3.
 2287  121.021(29)(b)1.c.
 2288         2. On or after July 1, 2011, the amount of each monthly
 2289  payment shall be computed in the same manner as for a normal
 2290  retirement benefit, in accordance with subsection (1), but shall
 2291  be based on the member’s average monthly compensation and
 2292  creditable service as of the member’s early retirement date. The
 2293  benefit so computed shall be reduced by five-twelfths of 1
 2294  percent for each complete month by which the early retirement
 2295  date precedes the normal retirement date of age 65 for a member
 2296  of the Regular Class, Senior Management Service Class, or the
 2297  Elected Officers’ Class, and age 60 for a member of the Special
 2298  Risk Class, or age 57 if a special risk member has completed 30
 2299  years of creditable service in accordance with s.
 2300  121.021(29)(b)2.c.
 2301         (b) If the employment of a member is terminated by reason
 2302  of death subsequent to the completion of 20 years of creditable
 2303  service within 10 years before normal retirement as described in
 2304  s. 121.021(29)(a)1.b. or s. 121.021(29)(a)2.b., the monthly
 2305  benefit payable to the member’s beneficiary shall be calculated
 2306  in accordance with subsection (1), but shall must be based on
 2307  average monthly compensation and creditable service as of the
 2308  date of death. The benefit so computed shall be reduced by five
 2309  twelfths of 1 percent for each complete month by which death
 2310  precedes the normal retirement date specified above or the date
 2311  on which the member would have attained 30 years of creditable
 2312  service the normal retirement date had he or she survived and
 2313  continued his or her employment, whichever provides a higher
 2314  benefit.
 2315         (4) DISABILITY RETIREMENT BENEFIT.—
 2316         (a) Disability retirement; entitlement and effective date.—
 2317         1.a. A member who becomes totally and permanently disabled,
 2318  as defined in paragraph (b), after completing 5 years of
 2319  creditable service, or a member who becomes totally and
 2320  permanently disabled in the line of duty regardless of service,
 2321  shall be is entitled to a monthly disability benefit; except
 2322  that any member with less than 5 years of creditable service on
 2323  July 1, 1980, or any person who becomes a member of the Florida
 2324  Retirement System on or after such date must have completed 10
 2325  years of creditable service prior to before becoming totally and
 2326  permanently disabled in order to receive disability retirement
 2327  benefits for any disability which occurs other than in the line
 2328  of duty. However, if a member employed on July 1, 1980, with who
 2329  has less than 5 years of creditable service as of that date,
 2330  becomes totally and permanently disabled after completing 5
 2331  years of creditable service and is found not to have attained
 2332  fully insured status for benefits under the federal Social
 2333  Security Act, such member shall be is entitled to a monthly
 2334  disability benefit.
 2335         b. Effective July 1, 2001, a member of the defined benefit
 2336  retirement program pension plan who becomes totally and
 2337  permanently disabled, as defined in paragraph (b), after
 2338  completing 8 years of creditable service, or a member who
 2339  becomes totally and permanently disabled in the line of duty
 2340  regardless of service, shall be is entitled to a monthly
 2341  disability benefit.
 2342         2. If the division has received from the employer the
 2343  required documentation of the member’s termination of
 2344  employment, the effective retirement date for a member who
 2345  applies and is approved for disability retirement shall be
 2346  established by rule of the division.
 2347         3. For a member who is receiving Workers’ Compensation
 2348  payments, the effective disability retirement date may not
 2349  precede the date the member reaches Maximum Medical Improvement
 2350  (MMI), unless the member terminates employment prior to before
 2351  reaching MMI.
 2352         (j) Disability retirement of justice or judge by order of
 2353  Supreme Court.—
 2354         1. If a member is a justice of the Supreme Court, judge of
 2355  a district court of appeal, circuit judge, or judge of a county
 2356  court who has served for 6 years or more the number of years
 2357  equal to, or greater than, the vesting requirement in s.
 2358  121.021(45) as an elected constitutional judicial officer,
 2359  including service as a judicial officer, in any court abolished
 2360  pursuant to Art. V of the State Constitution, and who is retired
 2361  for disability by order of the Supreme Court upon recommendation
 2362  of the Judicial Qualifications Commission pursuant to the
 2363  provisions of Art. V of the State Constitution, the member’s
 2364  Option 1 monthly benefit as provided in subparagraph (6)(a)1.
 2365  shall may not be less than two-thirds of his or her monthly
 2366  compensation as of the member’s disability retirement date. Such
 2367  a member may alternatively elect to receive a disability
 2368  retirement benefit under any other option as provided in
 2369  paragraph (6)(a).
 2370         2. Should any justice or judge who is a member of the
 2371  Florida Retirement System be retired for disability by order of
 2372  the Supreme Court upon recommendation of the Judicial
 2373  Qualifications Commission pursuant to the provisions of Art. V
 2374  of the State Constitution, then all contributions to his or her
 2375  account and all contributions made on his or her behalf by the
 2376  employer shall be transferred to and deposited in the General
 2377  Revenue Fund of the state, and there is hereby appropriated
 2378  annually out of the General Revenue Fund, to be paid into the
 2379  Florida Retirement System Fund, an amount necessary to pay the
 2380  benefits of all justices and judges retired from the Florida
 2381  Retirement System pursuant to Art. V of the State Constitution.
 2382         (5) TERMINATION BENEFITS.—A member whose employment is
 2383  terminated prior to retirement retains membership rights to
 2384  previously earned member-noncontributory service credit, and to
 2385  member-contributory service credit, if the member leaves the
 2386  member contributions on deposit in his or her retirement
 2387  account. If a terminated member receives a refund of member
 2388  contributions, such member may reinstate membership rights to
 2389  the previously earned service credit represented by the refund
 2390  by completing 1 year of creditable service and repaying the
 2391  refunded member contributions, plus interest.
 2392         (a) A member whose employment is terminated for any reason
 2393  other than death or retirement prior to before becoming vested
 2394  is entitled to the return of his or her accumulated
 2395  contributions as of the date of termination. Effective July 1,
 2396  2011, upon termination of employment from all participating
 2397  employers for 3 calendar months as defined in s. 121.021(39)(c)
 2398  for any reason other than retirement, a member may receive a
 2399  refund of all contributions he or she has made to the pension
 2400  plan, subject to the restrictions otherwise provided in this
 2401  chapter. The refund may be received as a lump-sum payment, a
 2402  rollover to a qualified plan, or a combination of these methods.
 2403  Partial refunds are not permitted. The refund may not include
 2404  any interest earnings on the contributions for a member of the
 2405  pension plan. Employer contributions made on behalf of the
 2406  member are not refundable. A member may not receive a refund of
 2407  employee contributions if a pending or an approved qualified
 2408  domestic relations order is filed against his or her retirement
 2409  account. By obtaining a refund of contributions, a member waives
 2410  all rights under the Florida Retirement System and the health
 2411  insurance subsidy to the service credit represented by the
 2412  refunded contributions, except the right to purchase his or her
 2413  prior service credit in accordance with s. 121.081(2).
 2414         (c) In lieu of the deferred monthly benefit provided in
 2415  paragraph (b), the terminated member may elect to receive a
 2416  lump-sum amount equal to his or her accumulated contributions as
 2417  of the date of termination. Effective July 1, 2011, upon
 2418  termination of employment from all participating employers for 3
 2419  calendar months as defined in s. 121.021(39)(c) for any reason
 2420  other than retirement, a member may receive a refund of all
 2421  contributions he or she has made to the pension plan, subject to
 2422  the restrictions otherwise provided in this chapter. Partial
 2423  refunds are not permitted. The refund may not include any
 2424  interest earnings on the contributions for a member of the
 2425  pension plan. Employer contributions made on behalf of the
 2426  member are not refundable. A member may not receive a refund of
 2427  employee contributions if a pending or an approved qualified
 2428  domestic relations order is filed against his or her retirement
 2429  account. By obtaining a refund of contributions, a member waives
 2430  all rights under the Florida Retirement System and the health
 2431  insurance subsidy to the service credit represented by the
 2432  refunded contributions, except the right to purchase his or her
 2433  prior service credit in accordance with s. 121.081(2).
 2434         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
 2435         (d) The provisions of this subsection apply applies to
 2436  retirees, as defined in s. 121.4501(2), of the Public Employee
 2437  Optional Retirement Program Florida Retirement System Investment
 2438  Plan, subject to the following conditions:
 2439         1. A retiree may not be reemployed with an employer
 2440  participating in the Florida Retirement System until such person
 2441  has been retired for 6 calendar months.
 2442         2. A retiree employed in violation of this subsection and
 2443  an employer that employs or appoints such person are jointly and
 2444  severally liable for reimbursement of any benefits paid to the
 2445  retirement trust fund from which the benefits were paid,
 2446  including the Retirement System Trust Fund and the Public
 2447  Employee Optional Retirement Program Trust Fund, as appropriate.
 2448  The employer must have a written statement from the retiree that
 2449  he or she is not retired from a state-administered retirement
 2450  system.
 2451         (13) DEFERRED RETIREMENT OPTION PROGRAM.—In general, and
 2452  subject to this section, the Deferred Retirement Option Program,
 2453  hereinafter referred to as DROP, is a program under which an
 2454  eligible member of the Florida Retirement System may elect to
 2455  participate, deferring receipt of retirement benefits while
 2456  continuing employment with his or her Florida Retirement System
 2457  employer. The deferred monthly benefits shall accrue in the
 2458  Florida Retirement System on behalf of the participant member,
 2459  plus interest compounded monthly, for the specified period of
 2460  the DROP participation, as provided in paragraph (c). Upon
 2461  termination of employment, the participant member shall receive
 2462  the total DROP benefits and begin to receive the previously
 2463  determined normal retirement benefits. Participation in the DROP
 2464  does not guarantee employment for the specified period of DROP.
 2465  Participation in DROP by an eligible member beyond the initial
 2466  60-month period as authorized in this subsection shall be on an
 2467  annual contractual basis for all participants.
 2468         (a) Eligibility of member to participate in DROP.—All
 2469  active Florida Retirement System members in a regularly
 2470  established position, and all active members of the Teachers’
 2471  Retirement System established in chapter 238 or the State and
 2472  County Officers’ and Employees’ Retirement System established in
 2473  chapter 122, which are consolidated within the Florida
 2474  Retirement System under s. 121.011, are eligible to elect
 2475  participation in DROP if:
 2476         1. The member is not a renewed member under s. 121.122 or a
 2477  member of the State Community College System Optional Retirement
 2478  Program under s. 121.051, the Senior Management Service Optional
 2479  Annuity Program under s. 121.055, or the optional retirement
 2480  program for the State University System under s. 121.35.
 2481         2. Except as provided in subparagraph 6., election to
 2482  participate is made within 12 months immediately after following
 2483  the date on which the member first reaches normal retirement
 2484  date, or, for a member who reaches normal retirement date based
 2485  on service before he or she reaches age 62, or age 55 for
 2486  Special Risk Class members, election to participate may be
 2487  deferred to the 12 months immediately after following the date
 2488  the member attains age 57, or age 52 for Special Risk Class
 2489  members. A member who delays DROP participation during the 12
 2490  month period immediately after following his or her maximum DROP
 2491  deferral date, except as provided in subparagraph 6., loses a
 2492  month of DROP participation for each month delayed. A member who
 2493  fails to make an election within the 12-month limitation period
 2494  forfeits all rights to participate in DROP. The member shall
 2495  advise his or her employer and the division in writing of the
 2496  date DROP begins. The beginning date may be subsequent to the
 2497  12-month election period but must be within the original 60
 2498  month participation period provided in subparagraph (b)1. When
 2499  establishing eligibility of the member to participate in DROP,
 2500  the member may elect to include or exclude any optional service
 2501  credit purchased by the member from the total service used to
 2502  establish the normal retirement date. A member who has dual
 2503  normal retirement dates is eligible to elect to participate in
 2504  DROP after attaining normal retirement date in either class.
 2505         3. The employer of a member electing to participate in
 2506  DROP, or employers if dually employed, shall acknowledge in
 2507  writing to the division the date the member’s participation in
 2508  DROP begins and the date the member’s employment and DROP
 2509  participation will terminate terminates.
 2510         4. Simultaneous employment of a participant member by
 2511  additional Florida Retirement System employers subsequent to the
 2512  commencement of a member’s participation in DROP is permissible
 2513  if such employers acknowledge in writing a DROP termination date
 2514  no later than the participant’s member’s existing termination
 2515  date or the maximum participation period provided in
 2516  subparagraph (b)1.
 2517         5. A DROP participant member may change employers while
 2518  participating in DROP, subject to the following:
 2519         a. A change of employment must take takes place without a
 2520  break in service so that the member receives salary for each
 2521  month of continuous DROP participation. If a member receives no
 2522  salary during a month, DROP participation shall cease ceases
 2523  unless the employer verifies a continuation of the employment
 2524  relationship for such participant member pursuant to s.
 2525  121.021(39)(b).
 2526         b. Such participant The member and new employer shall
 2527  notify the division of the identity of the new employer on forms
 2528  required by the division.
 2529         c. The new employer shall acknowledge acknowledges, in
 2530  writing, the participant’s member’s DROP termination date, which
 2531  may be extended but not beyond the maximum participation period
 2532  provided in subparagraph (b)1., shall acknowledge acknowledges
 2533  liability for any additional retirement contributions and
 2534  interest required if the participant member fails to timely
 2535  terminate employment, and is subject to the adjustment required
 2536  in sub-subparagraph (c)5.d.
 2537         6. Effective July 1, 2001, for instructional personnel as
 2538  defined in s. 1012.01(2), election to participate in DROP may be
 2539  made at any time after following the date on which the member
 2540  first reaches normal retirement date. The member shall advise
 2541  his or her employer and the division in writing of the date on
 2542  which DROP begins. When establishing eligibility of the member
 2543  to participate in DROP for the 60-month participation period
 2544  provided in subparagraph (b)1., the member may elect to include
 2545  or exclude any optional service credit purchased by the member
 2546  from the total service used to establish the normal retirement
 2547  date. A member who has dual normal retirement dates is eligible
 2548  to elect to participate in either class.
 2549         (c) Benefits payable under DROP.—
 2550         1. Effective on the date of DROP participation, the
 2551  member’s initial normal monthly benefit, including creditable
 2552  service, optional form of payment, and average final
 2553  compensation, and the effective date of retirement are fixed.
 2554  The beneficiary established under the Florida Retirement System
 2555  is the beneficiary eligible to receive any DROP benefits payable
 2556  if the DROP participant dies before completing the period of
 2557  DROP participation. If a joint annuitant predeceases the member,
 2558  the member may name a beneficiary to receive accumulated DROP
 2559  benefits payable. The retirement benefit, the annual cost of
 2560  living adjustments provided in s. 121.101, and interest accrue
 2561  monthly in the Florida Retirement System Trust Fund. For members
 2562  whose DROP participation begins:
 2563         a. Before July 1, 2011, The interest accrues at an
 2564  effective annual rate of 6.5 percent compounded monthly, on the
 2565  prior month’s accumulated ending balance, up to the month of
 2566  termination or death, except as provided in s. 121.053(7).
 2567         b. On or after July 1, 2011, the interest accrues at an
 2568  effective annual rate of 1.3 percent, compounded monthly, on the
 2569  prior month’s accumulated ending balance, up to the month of
 2570  termination or death, except as provided in s. 121.053(7).
 2571         2. Each employee who elects to participate in DROP may
 2572  elect to receive a lump-sum payment for accrued annual leave
 2573  earned in accordance with agency policy upon beginning
 2574  participation in DROP. The accumulated leave payment certified
 2575  to the division upon commencement of DROP shall be included in
 2576  the calculation of the member’s average final compensation. The
 2577  employee electing the lump-sum payment is not eligible to
 2578  receive a second lump-sum payment upon termination, except to
 2579  the extent the employee has earned additional annual leave
 2580  which, combined with the original payment, does not exceed the
 2581  maximum lump-sum payment allowed by the employing agency’s
 2582  policy or rules. An early lump-sum payment shall be based on the
 2583  hourly wage of the employee at the time he or she begins
 2584  participation in DROP. If the member elects to wait and receive
 2585  a lump-sum payment upon termination of DROP and termination of
 2586  employment with the employer, any accumulated leave payment made
 2587  at that time may not be included in the member’s retirement
 2588  benefit, which was determined and fixed by law when the employee
 2589  elected to participate in DROP.
 2590         3. The effective date of DROP participation and the
 2591  effective date of retirement of a DROP participant shall be the
 2592  first day of the month selected by the member to begin
 2593  participation in DROP, provided such date is properly
 2594  established, with the written confirmation of the employer, and
 2595  the approval of the division, on forms required by the division.
 2596         4. Normal retirement benefits and any interest shall
 2597  continue to accrue in DROP until the established termination
 2598  date of DROP or until the participant member terminates
 2599  employment or dies prior to before such date, except as provided
 2600  in s. 121.053(7). Although individual DROP accounts shall may
 2601  not be established, a separate accounting of each participant’s
 2602  member’s accrued benefits under DROP shall be calculated and
 2603  provided to the participant the member.
 2604         5. At the conclusion of the participant’s the member’s
 2605  participation in DROP, the division shall distribute the
 2606  participant’s member’s total accumulated DROP benefits, subject
 2607  to the following:
 2608         a. The division shall receive verification by the
 2609  participant’s member’s employer or employers that the
 2610  participant member has terminated all employment relationships
 2611  as provided in s. 121.021(39).
 2612         b. The terminated DROP participant or, if deceased, the
 2613  participant’s member’s named beneficiary, shall elect on forms
 2614  provided by the division to receive payment of the DROP benefits
 2615  in accordance with one of the options listed below. If a
 2616  participant member or beneficiary fails to elect a method of
 2617  payment within 60 days after termination of DROP, the division
 2618  shall pay a lump sum as provided in sub-sub-subparagraph (I).
 2619         (I) Lump sum.—All accrued DROP benefits, plus interest,
 2620  less withholding taxes remitted to the Internal Revenue Service,
 2621  shall be paid to the DROP participant or surviving beneficiary.
 2622         (II) Direct rollover.—All accrued DROP benefits, plus
 2623  interest, shall be paid from DROP directly to the custodian of
 2624  an eligible retirement plan as defined in s. 402(c)(8)(B) of the
 2625  Internal Revenue Code. However, in the case of an eligible
 2626  rollover distribution to the surviving spouse of a deceased
 2627  participant member, an eligible retirement plan is an individual
 2628  retirement account or an individual retirement annuity as
 2629  described in s. 402(c)(9) of the Internal Revenue Code.
 2630         (III) Partial lump sum.—A portion of the accrued DROP
 2631  benefits shall be paid to DROP participant or surviving spouse,
 2632  less withholding taxes remitted to the Internal Revenue Service,
 2633  and the remaining DROP benefits must be transferred directly to
 2634  the custodian of an eligible retirement plan as defined in s.
 2635  402(c)(8)(B) of the Internal Revenue Code. However, in the case
 2636  of an eligible rollover distribution to the surviving spouse of
 2637  a deceased participant member, an eligible retirement plan is an
 2638  individual retirement account or an individual retirement
 2639  annuity as described in s. 402(c)(9) of the Internal Revenue
 2640  Code. The proportions must be specified by the DROP participant
 2641  or surviving beneficiary.
 2642         c. The form of payment selected by the DROP participant or
 2643  surviving beneficiary must comply with the minimum distribution
 2644  requirements of the Internal Revenue Code.
 2645         d. A DROP participant who fails to terminate all employment
 2646  relationships as provided in s. 121.021(39) shall be deemed as
 2647  not retired, and the DROP election is null and void. Florida
 2648  Retirement System membership shall be reestablished
 2649  retroactively to the date of the commencement of DROP, and each
 2650  employer with whom the participant member continues employment
 2651  must pay to the Florida Retirement System Trust Fund the
 2652  difference between the DROP contributions paid in paragraph (i)
 2653  and the contributions required for the applicable Florida
 2654  Retirement System class of membership during the period the
 2655  member participated in DROP, plus 6.5 percent interest
 2656  compounded annually.
 2657         6. The retirement benefits of any DROP participant who
 2658  terminates all employment relationships as provided in s.
 2659  121.021(39) but is reemployed in violation of the reemployment
 2660  provisions of subsection (9) shall be are suspended during those
 2661  months in which the retiree is in violation. Any retiree in
 2662  violation of this subparagraph and any employer that employs or
 2663  appoints such person without notifying the Division of
 2664  Retirement to suspend retirement benefits are jointly and
 2665  severally liable for any benefits paid during the reemployment
 2666  limitation period. The employer must have a written statement
 2667  from the retiree that he or she is not retired from a state
 2668  administered retirement system. Any retirement benefits received
 2669  by a retiree while employed in violation of the reemployment
 2670  limitations must be repaid to the Florida Retirement System
 2671  Trust Fund, and his or her retirement benefits shall remain
 2672  suspended until payment is made. Benefits suspended beyond the
 2673  end of the reemployment limitation period apply toward repayment
 2674  of benefits received in violation of the reemployment
 2675  limitation.
 2676         7. The accrued benefits of any DROP participant, and any
 2677  contributions accumulated under the program, are not subject to
 2678  assignment, execution, attachment, or any legal process
 2679  whatsoever, except for qualified domestic relations court orders
 2680  by a court of competent jurisdiction, income deduction orders as
 2681  provided in s. 61.1301, and federal income tax levies.
 2682         8. DROP participants are not eligible for disability
 2683  retirement benefits as provided in subsection (4).
 2684         (14) PAYMENT OF BENEFITS.—This subsection applies to the
 2685  payment of benefits to a payee (retiree or beneficiary) under
 2686  the Florida Retirement System:
 2687         (d) A payee whose retirement benefits are reduced by the
 2688  application of maximum benefit limits under s. 415(b) of the
 2689  Internal Revenue Code, as specified in s. 121.30(5), shall have
 2690  the portion of his or her calculated benefit in the Florida
 2691  Retirement System Defined Benefit System Pension Plan which
 2692  exceeds such federal limitation paid through the Florida
 2693  Retirement System Preservation of Benefits Plan, as provided in
 2694  s. 121.1001.
 2695         Section 16. Subsection (1) and paragraph (a) of subsection
 2696  (2) of section 121.1001, Florida Statutes, are amended to read:
 2697         121.1001 Florida Retirement System Preservation of Benefits
 2698  Plan.—Effective July 1, 1999, the Florida Retirement System
 2699  Preservation of Benefits Plan is established as a qualified
 2700  governmental excess benefit arrangement pursuant to s. 415(m) of
 2701  the Internal Revenue Code. The Preservation of Benefits Plan is
 2702  created as a separate portion of the Florida Retirement System,
 2703  for the purpose of providing benefits to a payee (retiree or
 2704  beneficiary) of the Florida Retirement System whose benefits
 2705  would otherwise be limited by s. 415(b) of the Internal Revenue
 2706  Code.
 2707         (1) ELIGIBILITY TO PARTICIPATE IN THE PRESERVATION OF
 2708  BENEFITS PLAN.—A payee of the Florida Retirement System shall
 2709  participate in the Preservation of Benefits Plan whenever if his
 2710  or her earned benefit under the Florida Retirement System
 2711  Defined Benefit System Pension Plan exceeds the benefit maximum
 2712  established under s. 415(b) of the Internal Revenue Code.
 2713  Participation in the Preservation of Benefits Plan shall
 2714  continue for as long as the payee’s earned benefit under the
 2715  Florida Retirement System Defined Benefit pension plan is
 2716  reduced by the application of the maximum benefit limit under s.
 2717  415(b) of the Internal Revenue Code.
 2718         (2) BENEFITS PAYABLE UNDER THE PRESERVATION OF BENEFITS
 2719  PLAN.—
 2720         (a) On and after July 1, 1999, the Division of Retirement
 2721  shall pay to each eligible payee of the Florida Retirement
 2722  System who retires before, on, or after such that date, a
 2723  supplemental retirement benefit equal to the difference between
 2724  the amount of the payee’s monthly retirement benefit which would
 2725  have been payable under the Florida Retirement System Defined
 2726  Benefit System Pension Plan if not for a reduction due to the
 2727  application of s. 415(b) of the Internal Revenue Code and the
 2728  reduced monthly retirement benefit as paid to the payee. The
 2729  Preservation of Benefits Plan benefit shall be computed and
 2730  payable under the same terms and conditions and to the same
 2731  person as would have applied under the Florida Retirement System
 2732  Defined Benefit pension plan were it not for the federal
 2733  limitation.
 2734         Section 17. Present subsections (6) through (9) of that
 2735  section 121.101, Florida Statutes, are redesignated as
 2736  subsections (4) through (7), respectively, and present
 2737  subsections (1), (3), (4), and (5) of that section are amended,
 2738  to read:
 2739         121.101 Cost-of-living adjustment of benefits.—
 2740         (1) The purpose of this section is to provide cost-of
 2741  living adjustments to the monthly benefits payable to all
 2742  retired members of state-supported retirement systems.
 2743         (3) Commencing July 1, 1987, the benefit of each retiree
 2744  and annuitant whose effective retirement date is before July 1,
 2745  2011, shall be adjusted annually on each July 1 thereafter, as
 2746  follows:
 2747         (a) For those retirees and annuitants who have never
 2748  received a cost-of-living adjustment under this section, the
 2749  amount of the monthly benefit payable for the 12-month period
 2750  commencing on the adjustment date shall be the amount of the
 2751  member’s initial benefit plus an amount equal to a percentage of
 2752  the member’s initial benefit; this percentage is derived by
 2753  dividing the number of months the member has received an initial
 2754  benefit by 12, and multiplying the result by 3.
 2755         (b) For those retirees and annuitants who have received a
 2756  cost-of-living adjustment under this section subsection, the
 2757  adjusted monthly benefit shall be the amount of the monthly
 2758  benefit being received on June 30 immediately preceding the
 2759  adjustment date plus an amount equal to 3 percent of this
 2760  benefit.
 2761         (4) For members whose effective retirement date is on or
 2762  after July 1, 2011, the benefit of each retiree and annuitant
 2763  shall be adjusted annually on July 1 as follows:
 2764         (a) For those retirees and annuitants who have never
 2765  received a cost-of-living adjustment under this subsection, the
 2766  amount of the monthly benefit payable for the 12-month period
 2767  commencing on the adjustment date shall be the amount of the
 2768  member’s initial benefit plus an amount equal to a percentage of
 2769  the member’s initial benefit. This percentage is derived by
 2770  dividing the number of months the member has received an initial
 2771  benefit by 12, and multiplying the result by the factor
 2772  calculated pursuant to paragraph (c).
 2773         (b) For those retirees and annuitants who have received a
 2774  cost-of-living adjustment under this subsection, the adjusted
 2775  monthly benefit shall be the amount of the monthly benefit being
 2776  received on June 30 immediately preceding the adjustment date
 2777  plus an amount determined by multiplying the benefit by the
 2778  factor calculated pursuant to paragraph (c).
 2779         (c) The department shall calculate a cost-of-living factor
 2780  for each retiree and beneficiary retiring on or after July 1,
 2781  2011. This factor shall equal the product of 3 percent
 2782  multiplied by the quotient of the sum of the member’s service
 2783  credit earned for service before July 1, 2011, divided by the
 2784  sum of the member’s total service credit earned.
 2785         (5) Subject to the availability of funding and the
 2786  Legislature enacting sufficient employer contributions
 2787  specifically for the purpose of funding the expiration of the
 2788  cost-of-living adjustment specified in subsection (4), in
 2789  accordance with s. 14, Art. X of the State Constitution, the
 2790  cost-of-living adjustment formula provided for in subsection (4)
 2791  shall expire effective June 30, 2016, and the benefit of each
 2792  retiree and annuitant shall be adjusted on each July 1
 2793  thereafter, as provided in subsection (3).
 2794         Section 18. Paragraph (b) of subsection (1) of section
 2795  121.1115, Florida Statutes, is amended to read:
 2796         121.1115 Purchase of retirement credit for out-of-state or
 2797  federal service.—Effective January 1, 1995, a member may
 2798  purchase creditable service for periods of public employment in
 2799  another state and receive creditable service for such periods of
 2800  employment. Service with the Federal Government, including any
 2801  active military service, may be claimed. Upon completion of each
 2802  year of service earned under the Florida Retirement System, a
 2803  member may purchase up to 1 year of retirement credit for his or
 2804  her out-of-state service, subject to the following provisions:
 2805         (1) LIMITATIONS AND CONDITIONS.—To receive credit for the
 2806  out-of-state service:
 2807         (b) The member must have completed a minimum of 6 the years
 2808  of creditable service required for vesting under the Florida
 2809  Retirement System, excluding out-of-state service and in-state
 2810  service claimed and purchased under s. 121.1122.
 2811         Section 19. Paragraph (a) of subsection (2) of section
 2812  121.1122, Florida Statutes, is amended to read:
 2813         121.1122 Purchase of retirement credit for in-state public
 2814  service and in-state service in accredited nonpublic schools and
 2815  colleges, including charter schools and charter technical career
 2816  centers.—Effective January 1, 1998, a member of the Florida
 2817  Retirement System may purchase creditable service for periods of
 2818  certain public or nonpublic employment performed in this state,
 2819  as provided in this section.
 2820         (2) LIMITATIONS AND CONDITIONS.—
 2821         (a) A member is not eligible to receive credit for in-state
 2822  service under this section until he or she has completed 6 the
 2823  years of creditable service required for vesting under the
 2824  Florida Retirement System, excluding service purchased under
 2825  this section and out-of-state service claimed and purchased
 2826  under s. 121.1115.
 2827         Section 20. Subsection (1) of section 121.121, Florida
 2828  Statutes, is amended to read:
 2829         121.121 Authorized leaves of absence.—
 2830         (1) A member may purchase creditable service for up to 2
 2831  work years of authorized leaves of absence, including any leaves
 2832  of absence covered under the Family Medical Leave Act, if:
 2833         (a) The member has completed a minimum of 6 the years of
 2834  creditable service required for vesting, excluding periods for
 2835  which a leave of absence was authorized;
 2836         (b) The leave of absence is authorized in writing by the
 2837  employer of the member and approved by the administrator;
 2838         (c) The member returns to active employment performing
 2839  service with a Florida Retirement System employer in a regularly
 2840  established position immediately upon termination of the leave
 2841  of absence and remains on the employer’s payroll for 1 calendar
 2842  month, except that a member who retires on disability while on a
 2843  medical leave of absence shall may not be required to return to
 2844  employment. A member whose work year is less than 12 months and
 2845  whose leave of absence terminates between school years is
 2846  eligible to receive credit for the leave of absence as long as
 2847  if he or she returns to the employment of his or her employer at
 2848  the beginning of the next school year and remains on the
 2849  employer’s payroll for 1 calendar month; and
 2850         (d) The member makes the required contributions for service
 2851  credit during the leave of absence, which shall be 8 percent
 2852  until January 1, 1975, and 9 percent thereafter of his or her
 2853  rate of monthly compensation in effect immediately prior to
 2854  before the commencement of such leave for each month of such
 2855  period, plus 4 percent interest until July 1, 1975, and 6.5
 2856  percent interest thereafter on such contributions, compounded
 2857  annually each June 30 from the due date of the contribution to
 2858  date of payment.
 2859         1. Effective July 1, 1980, any leave of absence purchased
 2860  pursuant to this section shall be is at the contribution rates
 2861  specified in s. 121.071 or s. 121.71 in effect at the time the
 2862  leave is granted for the class of membership from which the
 2863  leave of absence was granted; however, any member who purchased
 2864  leave-of-absence credit prior to before July 1, 1980, for a
 2865  leave of absence from a position in a class other than the
 2866  regular membership class, may pay the appropriate additional
 2867  contributions plus compound interest thereon and receive
 2868  creditable service for such leave of absence in the membership
 2869  class from which the member was granted the leave of absence.
 2870         2. Effective July 1, 2011, any leave of absence purchased
 2871  by the member pursuant to this section shall be at the employer
 2872  and employee contribution rates specified in s. 121.71 in effect
 2873  during the leave for the class of membership from which the
 2874  leave of absence was granted.
 2875         Section 21. Section 121.125, Florida Statutes, is amended
 2876  to read:
 2877         121.125 Credit for workers’ compensation payment periods.—A
 2878  member of the retirement system created by this chapter who has
 2879  been eligible or becomes eligible to receive workers’
 2880  compensation payments for an injury or illness occurring during
 2881  his or her employment while a member of any state retirement
 2882  system shall, upon return to active employment with a covered
 2883  employer for 1 calendar month or upon approval for disability
 2884  retirement in accordance with s. 121.091(4), receive full
 2885  retirement credit for the period prior to such return to active
 2886  employment or disability retirement for which the workers’
 2887  compensation payments were received. However, no a member may
 2888  not receive retirement credit for any such period occurring
 2889  after the earlier of the date of maximum medical improvement as
 2890  defined in s. 440.02 or the date termination has occurred as
 2891  defined in s. 121.021(39). The employer of record at the time of
 2892  the workers’ compensation injury or illness shall make the
 2893  required employer and employee retirement contributions based on
 2894  the member’s rate of monthly compensation immediately prior to
 2895  his or her receiving workers’ compensation payments for
 2896  retirement credit received by the member. The employer of record
 2897  at the time of the workers’ compensation injury or illness shall
 2898  be assessed by the division a penalty of 1 percent of the
 2899  contributions on all contributions not paid on the first payroll
 2900  report after the member becomes eligible to receive credit. This
 2901  delinquent assessment may not be waived.
 2902         Section 22. Section 121.161, Florida Statutes, is reenacted
 2903  to read:
 2904         121.161 References to other laws include amendments.
 2905  References in this chapter to state or federal laws or
 2906  agreements are intended to include such laws as they now exist
 2907  or may hereafter be amended.
 2908         Section 23. Section 121.182, Florida Statutes, is amended
 2909  to read:
 2910         121.182 Retirement annuities authorized for city and county
 2911  personnel.—Cities Municipalities and counties are authorized to
 2912  purchase annuities for all city municipal and county personnel
 2913  with 25 or more years of creditable service who have reached age
 2914  50 and have applied for retirement under the Florida Retirement
 2915  System. No such annuity shall provide for more than the total
 2916  difference in retirement income between the retirement benefit
 2917  based on average monthly compensation and creditable service as
 2918  of the member’s early retirement date and the early retirement
 2919  benefit. Cities Municipalities and counties may also purchase
 2920  annuities for members of the Florida Retirement System who have
 2921  out-of-state service in another state or country which is
 2922  documented as valid by the appropriate city or county. Such
 2923  annuities may be based on no more than 5 years of out-of-state
 2924  service and may equal, but not exceed, the benefits that would
 2925  be payable under the Florida Retirement System if credit for
 2926  out-of-state service was authorized under that system. Cities
 2927  Municipalities and counties are authorized to invest funds,
 2928  purchase annuities, or provide local supplemental retirement
 2929  programs for purposes of providing annuities for city or county
 2930  personnel. All retirement annuities shall comply with s. 14,
 2931  Art. X of the State Constitution.
 2932         Section 24. Paragraphs (g) and (i) of subsection (3) and
 2933  subsections (4) and (5) of section 121.35, Florida Statutes, are
 2934  amended to read:
 2935         121.35 Optional retirement program for the State University
 2936  System.—
 2937         (3) ELECTION OF OPTIONAL PROGRAM.—
 2938         (g) An eligible employee who is a member of the Florida
 2939  Retirement System at the time of election to participate in the
 2940  optional retirement program shall retain all retirement service
 2941  credit earned under the Florida Retirement System, at the rate
 2942  earned. No additional service credit in the Florida Retirement
 2943  System shall may not be earned while the employee participates
 2944  in the optional program, nor shall and the employee be is not
 2945  eligible for disability retirement under the Florida Retirement
 2946  System. An eligible employee may transfer from the Florida
 2947  Retirement System to his or her accounts under the State
 2948  University System Optional Retirement Program a sum representing
 2949  the present value of the employee’s accumulated benefit
 2950  obligation under the defined benefit program of the Florida
 2951  Retirement System pension plan for any service credit accrued
 2952  from the employee’s first eligible transfer date to the optional
 2953  retirement program through the actual date of such transfer, if
 2954  such service credit was earned in the period from July 1, 1984,
 2955  through December 31, 1992. The present value of the employee’s
 2956  accumulated benefit obligation shall be calculated as described
 2957  in s. 121.4501(3)(c)2. Upon such transfer, all such service
 2958  credit previously earned under the defined benefit program of
 2959  the Florida Retirement System pension plan during this period
 2960  shall be is nullified for purposes of entitlement to a future
 2961  benefit under the defined benefit program of the Florida
 2962  Retirement System pension plan.
 2963         (i) Effective January 1, 2008, through December 31, 2008,
 2964  except for an employee who is a mandatory participant of the
 2965  State University System Optional Retirement Program, an employee
 2966  who has elected to participate in the State University System
 2967  Optional Retirement Program shall have one opportunity, at the
 2968  employee’s discretion, to choose to transfer from this program
 2969  to the defined benefit program of the Florida Retirement System
 2970  Pension Plan or to the Public Employee Optional Retirement
 2971  Program investment plan, subject to the terms of the applicable
 2972  contracts of the State University System Optional Retirement
 2973  Program.
 2974         1. If the employee chooses to move to the Public Employee
 2975  Optional Retirement Program investment plan, any contributions,
 2976  interest, and earnings creditable to the employee under the
 2977  State University System Optional Retirement Program shall must
 2978  be retained by the employee in the State University System
 2979  Optional Retirement Program, and the applicable provisions of s.
 2980  121.4501(4) shall govern the election.
 2981         2. If the employee chooses to move to the defined benefit
 2982  program pension plan of the Florida Retirement System, the
 2983  employee shall receive service credit equal to his or her years
 2984  of service under the State University System Optional Retirement
 2985  Program.
 2986         a. The cost for such credit shall be must be in an amount
 2987  representing the actuarial accrued liability for the affected
 2988  period of service. The cost shall must be calculated using the
 2989  discount rate and other relevant actuarial assumptions that were
 2990  used to value the Florida Retirement System Defined Benefit
 2991  Pension Plan liabilities in the most recent actuarial valuation.
 2992  The calculation shall must include any service already
 2993  maintained under the defined benefit pension plan in addition to
 2994  the years under the State University System Optional Retirement
 2995  Program. The actuarial accrued liability of any service already
 2996  maintained under the defined benefit pension plan shall must be
 2997  applied as a credit to total cost resulting from the
 2998  calculation. The division shall must ensure that the transfer
 2999  sum is prepared using a formula and methodology certified by an
 3000  enrolled actuary.
 3001         b. The employee must transfer from his or her State
 3002  University System Optional Retirement Program account, and from
 3003  other employee moneys as necessary, a sum representing the
 3004  actuarial accrued liability immediately after following the time
 3005  of such movement, determined assuming that attained service
 3006  equals the sum of service in the defined benefit program pension
 3007  plan and service in the State University System Optional
 3008  Retirement Program.
 3009         (4) CONTRIBUTIONS.—
 3010         (a)1. Through June 30, 2001, each employer shall contribute
 3011  on behalf of each participant in member of the optional
 3012  retirement program an amount equal to the normal cost portion of
 3013  the employer retirement contribution which would be required if
 3014  the participant employee were a regular member of the Florida
 3015  Retirement System defined benefit program System Pension Plan,
 3016  plus the portion of the contribution rate required in s.
 3017  112.363(8) that would otherwise be assigned to the Retiree
 3018  Health Insurance Subsidy Trust Fund.
 3019         2. Effective July 1, 2001, through June 30, 2011, each
 3020  employer shall contribute on behalf of each participant in
 3021  member of the optional retirement program an amount equal to
 3022  10.43 percent of the participant’s employee’s gross monthly
 3023  compensation.
 3024         3. Effective July 1, 2011, each member of the optional
 3025  retirement program shall contribute an amount equal to the
 3026  employee contribution required in s. 121.71(3). The employer
 3027  shall contribute on behalf of each such member an amount equal
 3028  to the difference between 10.43 percent of the employee’s gross
 3029  monthly compensation and the amount equal to the employee’s
 3030  required contribution based on the employee’s gross monthly
 3031  compensation.
 3032         4.The department shall deduct an amount approved by the
 3033  Legislature to provide for the administration of this program.
 3034  The payment of the contributions to the optional program which
 3035  is required by this paragraph for each participant, including
 3036  contributions by the employee, shall be made by the employer to
 3037  the department, which shall forward the contributions to the
 3038  designated company or companies contracting for payment of
 3039  benefits for the participant under members of the program.
 3040  However, such contributions paid on behalf of an employee
 3041  described in paragraph (3)(c) shall may not be forwarded to a
 3042  company and shall do not begin to accrue interest until the
 3043  employee has executed a contract and notified the department.
 3044  The department shall deduct an amount from the contributions to
 3045  provide for the administration of this program.
 3046         (b) Each employer shall contribute on behalf of each
 3047  participant in member of the optional retirement program an
 3048  amount equal to the unfunded actuarial accrued liability portion
 3049  of the employer contribution which would be required for members
 3050  of the Florida Retirement System. This contribution shall be
 3051  paid to the department for transfer to the Florida Retirement
 3052  System Trust Fund.
 3053         (c) An Optional Retirement Program Trust Fund shall be
 3054  established in the State Treasury and administered by the
 3055  department to make payments to the provider companies on behalf
 3056  of the optional retirement program participants members, and to
 3057  transfer the unfunded liability portion of the state optional
 3058  retirement program contributions to the Florida Retirement
 3059  System Trust Fund.
 3060         (d) Contributions required for social security by each
 3061  employer and each participant employee, in the amount required
 3062  for social security coverage as now or hereafter may be provided
 3063  by the federal Social Security Act, shall be maintained for each
 3064  participant in member of the optional retirement program and
 3065  shall be are in addition to the retirement contributions
 3066  specified in this subsection.
 3067         (e) Each participant in member of the optional retirement
 3068  program who has executed a contract may contribute by way of
 3069  salary reduction or deduction a percentage amount of the
 3070  participant’s employee’s gross compensation not to exceed the
 3071  percentage amount contributed by the employer to the optional
 3072  program, but in no case may such contribution may not exceed
 3073  federal limitations. Payment of the participant’s employee’s
 3074  contributions shall be made by the financial officer of the
 3075  employer to the division which shall forward the contributions
 3076  to the designated company or companies contracting for payment
 3077  of benefits for the participant under members of the program. A
 3078  participant member may not make, through salary reduction, any
 3079  voluntary employee contributions to any other plan under s.
 3080  403(b) of the Internal Revenue Code, with the exception of a
 3081  custodial account under s. 403(b)(7) of the Internal Revenue
 3082  Code, until he or she has made an employee contribution to his
 3083  or her optional program equal to the employer contribution. A
 3084  participant An employee is responsible for monitoring his or her
 3085  individual tax-deferred income to ensure he or she does not
 3086  exceed the maximum deferral amounts permitted under the Internal
 3087  Revenue Code.
 3088         (f) The Optional Retirement Trust Fund may accept for
 3089  deposit into participant member contracts contributions in the
 3090  form of rollovers or direct trustee-to-trustee transfers by or
 3091  on behalf of participants members who are reasonably determined
 3092  by the department to be eligible for rollover or transfer to the
 3093  optional retirement program pursuant to the Internal Revenue
 3094  Code, if such contributions are made in accordance with rules
 3095  adopted by the department. Such contributions shall be accounted
 3096  for in accordance with any applicable requirements of the
 3097  Internal Revenue Code and department rules of the department.
 3098         (g) Effective July 1, 2008, for purposes of paragraph (a)
 3099  and notwithstanding s. 121.021(22)(b)1., the term “participant’s
 3100  employee’s gross monthly compensation” includes salary payments
 3101  made to eligible clinical faculty from a state university using
 3102  funds provided by a faculty practice plan authorized by the
 3103  Board of Governors of the State University System if:
 3104         1. There is not any no employer contribution from the state
 3105  university to any other retirement program with respect to such
 3106  salary payments; and
 3107         2. The employer contribution on behalf of the participant
 3108  in a member of the optional retirement program with respect to
 3109  such salary payments is made using funds provided by the faculty
 3110  practice plan.
 3111         (5) BENEFITS.—
 3112         (a) Benefits are payable under the optional retirement
 3113  program only to vested participants members participating in the
 3114  program, or their beneficiaries as designated by the participant
 3115  member in the contract with a provider company, and such
 3116  benefits shall be paid only by the designated company in
 3117  accordance with s. 403(b) of the Internal Revenue Code and the
 3118  terms of the annuity contract or contracts applicable to the
 3119  participant member. Benefits accrue in individual accounts that
 3120  are participant-directed member-directed, portable, and funded
 3121  by employer and employee contributions and the earnings thereon.
 3122  The participant member must be terminated for 3 calendar months
 3123  from all employment relationships with all Florida Retirement
 3124  System employers, as provided in s. 121.021(39), to begin
 3125  receiving the employer-funded benefit. Benefits funded by
 3126  employer and employee contributions are payable in accordance
 3127  with the following terms and conditions:
 3128         1. Benefits shall be paid only to a participant
 3129  participating member, to his or her beneficiaries, or to his or
 3130  her estate, as designated by the participant member.
 3131         2. Benefits shall be paid by the provider company or
 3132  companies in accordance with the law, the provisions of the
 3133  contract, and any applicable department rule or policy.
 3134         3. In the event of a participant’s member’s death, moneys
 3135  accumulated by, or on behalf of, the participant member, less
 3136  withholding taxes remitted to the Internal Revenue Service, if
 3137  any, shall be distributed to the participant’s member’s
 3138  designated beneficiary or beneficiaries, or to the participant’s
 3139  member’s estate, as if the participant member retired on the
 3140  date of death, as provided in paragraph (c) (d). No other death
 3141  benefits are available to survivors of participants members
 3142  under the optional retirement program except for such benefits,
 3143  or coverage for such benefits, as are separately afforded by the
 3144  employer, at the employer’s discretion.
 3145         (b) Benefits, including employee contributions, are not
 3146  payable for employee hardships, unforeseeable emergencies,
 3147  loans, medical expenses, educational expenses, purchase of a
 3148  principal residence, payments necessary to prevent eviction or
 3149  foreclosure on an employee’s principal residence, or any other
 3150  reason before termination from all employment relationships with
 3151  participating employers for 3 calendar months.
 3152         (b)(c) Upon receipt by the provider company of a properly
 3153  executed application for distribution of benefits, the total
 3154  accumulated benefit shall be is payable to the participant
 3155  participating member as:
 3156         1. A lump-sum distribution to the participant member;
 3157         2. A lump-sum direct rollover distribution whereby all
 3158  accrued benefits, plus interest and investment earnings, are
 3159  paid from the participant’s member’s account directly to an
 3160  eligible retirement plan, as defined in s. 402(c)(8)(B) of the
 3161  Internal Revenue Code, on behalf of the participant member;
 3162         3. Periodic distributions;
 3163         4. A partial lump-sum payment whereby a portion of the
 3164  accrued benefit is paid to the participant member and the
 3165  remaining amount is transferred to an eligible retirement plan,
 3166  as defined in s. 402(c)(8)(B) of the Internal Revenue Code, on
 3167  behalf of the participant member; or
 3168         5. Such other distribution options as are provided for in
 3169  the participant’s member’s optional retirement program contract.
 3170         (c)(d) Survivor benefits shall be are payable as:
 3171         1. A lump-sum distribution payable to the beneficiaries or
 3172  to the deceased participant’s member’s estate;
 3173         2. An eligible rollover distribution on behalf of the
 3174  surviving spouse of a deceased participant member, whereby all
 3175  accrued benefits, plus interest and investment earnings, are
 3176  paid from the deceased participant’s member’s account directly
 3177  to an eligible retirement plan, as described in s. 402(c)(8)(B)
 3178  of the Internal Revenue Code, on behalf of the surviving spouse;
 3179         3. Such other distribution options as are provided for in
 3180  the participant’s member’s optional retirement program contract;
 3181  or
 3182         4. A partial lump-sum payment whereby a portion of the
 3183  accrued benefit is paid to the deceased participant’s member’s
 3184  surviving spouse or other designated beneficiaries, less
 3185  withholding taxes remitted to the Internal Revenue Service, if
 3186  any, and the remaining amount is transferred directly to an
 3187  eligible retirement plan, as described in s. 402(c)(8)(B) of the
 3188  Internal Revenue Code, on behalf of the surviving spouse. The
 3189  proportions must be specified by the participant member or the
 3190  surviving beneficiary.
 3191  
 3192  This paragraph does not abrogate other applicable provisions of
 3193  state or federal law providing payment of death benefits.
 3194         (d)(e) The benefits payable to any person under the
 3195  optional retirement program, and any contribution accumulated
 3196  under such program, shall are not be subject to assignment,
 3197  execution, or attachment or to any legal process whatsoever.
 3198         (e)(f) A participant participating member who chooses to
 3199  receive his or her benefits upon termination as defined in s.
 3200  121.021 must be terminated for 3 calendar months to be eligible
 3201  to receive benefits funded by employer and employee
 3202  contributions. The member must notify the provider company of
 3203  the date he or she wishes benefits funded by required employer
 3204  and employee contributions to begin and must be terminated as
 3205  defined in s. 121.021 after the initial benefit payment or
 3206  distribution is received. Benefits may be deferred until the
 3207  participant member chooses to make such application.
 3208         (f)(g) Benefits funded by the participant’s participating
 3209  member’s voluntary personal contributions may be paid out at any
 3210  time and in any form within the limits provided in the contract
 3211  between the participant member and his or her the provider
 3212  company. The participant member shall notify the provider
 3213  company regarding the date and provisions under which he or she
 3214  wants to receive the employee-funded portion of the plan.
 3215         (g)(h) For purposes of this section, “retiree” means a
 3216  former participant participating member of the optional
 3217  retirement program who has terminated employment and has taken a
 3218  distribution as provided in this subsection, except for a
 3219  mandatory distribution of a de minimis account authorized by the
 3220  department.
 3221         Section 25. Section 121.355, Florida Statutes, is amended
 3222  to read:
 3223         121.355 Community College Optional Retirement Program and
 3224  State University System Optional Retirement Program member
 3225  transfer.—Effective January 1, 2009, through December 31, 2009,
 3226  an employee who is a former participant in member of the
 3227  Community College Optional Retirement Program or the State
 3228  University System Optional Retirement Program and present
 3229  mandatory participant in member of the Florida Retirement System
 3230  Defined Benefit System Pension Plan may receive service credit
 3231  equal to his or her years of service under the Community College
 3232  Optional Retirement Program or the State University System
 3233  Optional Retirement Program under the following conditions:
 3234         (1) The cost for such credit shall be an amount
 3235  representing must represent the actuarial accrued liability for
 3236  the affected period of service. The cost shall be calculated
 3237  using the discount rate and other relevant actuarial assumptions
 3238  that were used to value the Florida Retirement System Defined
 3239  Benefit System Pension Plan liabilities in the most recent
 3240  actuarial valuation. The calculation shall must include any
 3241  service already maintained under the defined benefit pension
 3242  plan in addition to the years under the Community College
 3243  Optional Retirement Program or the State University System
 3244  Optional Retirement Program. The actuarial accrued liability of
 3245  any service already maintained under the defined benefit pension
 3246  plan shall be applied as a credit to total cost resulting from
 3247  the calculation. The division shall ensure that the transfer sum
 3248  is prepared using a formula and methodology certified by an
 3249  enrolled actuary.
 3250         (2) The employee must transfer from his or her Community
 3251  College Optional Retirement Program account or State University
 3252  System Optional Retirement Program account, subject to the terms
 3253  of the applicable optional retirement program contract, and from
 3254  other employee moneys as necessary, a sum representing the
 3255  actuarial accrued liability immediately after following the time
 3256  of such movement, determined assuming that attained service
 3257  equals the sum of service in the defined benefit program pension
 3258  plan and service in the Community College Optional Retirement
 3259  Program or State University System Optional Retirement Program.
 3260         (3) The employee may not receive service credit for a
 3261  period of mandatory participation in the State University
 3262  Optional Retirement Program or for a period for which a
 3263  distribution was received from the Community College Optional
 3264  Retirement Program or State University System Optional
 3265  Retirement Program.
 3266         Section 26. Section 121.4501, Florida Statutes, is amended
 3267  to read:
 3268         121.4501 Public Employee Optional Retirement Program
 3269  Florida Retirement System Investment Plan.—
 3270         (1) The Trustees of the State Board of Administration shall
 3271  establish an optional a defined contribution retirement program
 3272  called the “Florida Retirement System Investment Plan” or
 3273  “investment plan” for members of the Florida Retirement System
 3274  under which retirement benefits will be provided for eligible
 3275  employees who elect to participate in the program. The
 3276  retirement benefits to be provided for or on behalf of
 3277  participants in such optional retirement program shall be
 3278  provided through employee-directed member-directed investments,
 3279  in accordance with s. 401(a) of the Internal Revenue Code and
 3280  its related regulations. The employers employer and employee
 3281  shall contribute make contributions, as provided in this
 3282  section, and ss. 121.571, and 121.71, to the Public Employee
 3283  Optional Retirement Program Florida Retirement System Investment
 3284  Plan Trust Fund toward the funding of such optional benefits.
 3285         (2) DEFINITIONS.—As used in this part, the term:
 3286         (a) “Approved provider” or “provider” means a private
 3287  sector company that is selected and approved by the state board
 3288  to offer one or more investment products or services to the
 3289  optional retirement program investment plan. The term includes a
 3290  bundled provider that offers participants members a range of
 3291  individually allocated or unallocated investment products and
 3292  may offer a range of administrative and customer services, which
 3293  may include accounting and administration of individual
 3294  participant member benefits and contributions; individual
 3295  participant member recordkeeping; asset purchase, control, and
 3296  safekeeping; direct execution of the participant’s member’s
 3297  instructions as to asset and contribution allocation;
 3298  calculation of daily net asset values; direct access to
 3299  participant member account information; periodic reporting to
 3300  participants members, at least quarterly, on account balances
 3301  and transactions; guidance, advice, and allocation services
 3302  directly relating to the provider’s own investment options or
 3303  products, but only if the bundled provider complies with the
 3304  standard of care of s. 404(a)(1)(A-B) of the Employee Retirement
 3305  Income Security Act of 1974 (ERISA), and if providing such
 3306  guidance, advice, or allocation services does not constitute a
 3307  prohibited transaction under s. 4975(c)(1) of the Internal
 3308  Revenue Code or s. 406 of ERISA, notwithstanding that such
 3309  prohibited transaction provisions do not apply to the optional
 3310  retirement program; a broad array of distribution options; asset
 3311  allocation; and retirement counseling and education. Private
 3312  sector companies include investment management companies,
 3313  insurance companies, depositories, and mutual fund companies.
 3314         (b) “Average monthly compensation” means one-twelfth of
 3315  average final compensation as defined in s. 121.021.
 3316         (c) “Covered employment” means employment in a regularly
 3317  established position as defined in s. 121.021.
 3318         (d) “Defined benefit program” means the defined benefit
 3319  program of the Florida Retirement System administered under part
 3320  I of this chapter.
 3321         (e) “Division” means the Division of Retirement within the
 3322  department.
 3323         (f)(d) “Electronic means” means by telephone, if the
 3324  required information is received on a recorded line, or through
 3325  Internet access, if the required information is captured online.
 3326         (g)(e) “Eligible employee” means an officer or employee, as
 3327  defined in s. 121.021, who:
 3328         1. Is a member of, or is eligible for membership in, the
 3329  Florida Retirement System, including any renewed member of the
 3330  Florida Retirement System initially enrolled before July 1,
 3331  2010; or
 3332         2. Participates in, or is eligible to participate in, the
 3333  Senior Management Service Optional Annuity Program as
 3334  established under s. 121.055(6), the State Community College
 3335  System Optional Retirement Program as established under s.
 3336  121.051(2)(c), or the State University System Optional
 3337  Retirement Program established under s. 121.35.
 3338  
 3339  The term does not include any member participating in the
 3340  Deferred Retirement Option Program established under s.
 3341  121.091(13), a retiree of a state-administered retirement system
 3342  initially reemployed on or after July 1, 2010, or a mandatory
 3343  participant of the State University System Optional Retirement
 3344  Program established under s. 121.35.
 3345         (h)(f) “Employer” means an employer, as defined in s.
 3346  121.021, of an eligible employee.
 3347         (i)(g)“Optional retirement program” or “optional program”
 3348  “Florida Retirement System Investment Plan” or “investment plan”
 3349  means the Public Employee Optional Retirement Program defined
 3350  contribution program established under this part.
 3351         (h) “Florida Retirement System Pension Plan” or “pension
 3352  plan” means the defined benefit program of the Florida
 3353  Retirement System administered under part I of this chapter.
 3354         (j)(i)“Participant” “Member” or “employee” means an
 3355  eligible employee who enrolls in the investment plan optional
 3356  program as provided in subsection (4) or, a terminated Deferred
 3357  Retirement Option Program participant member as described in
 3358  subsection (21), or a beneficiary or alternate payee of a member
 3359  or employee.
 3360         (j) “Member contributions” or “employee contributions”
 3361  means the sum of all amounts deducted from the salary of a
 3362  member by his or her employer in accordance with s. 121.71(3)
 3363  and credited to his or her individual account in the investment
 3364  plan, plus any earnings on such amounts and any contributions
 3365  specified in paragraph (5)(e).
 3366         (k) “Retiree” means a former participant member of the
 3367  optional retirement program investment plan who has terminated
 3368  employment and has taken a distribution of vested employee or
 3369  employer contributions as provided in s. 121.591, except for a
 3370  mandatory distribution of a de minimis account authorized by the
 3371  state board or a minimum required distribution provided by s.
 3372  401(a)(9) of the Internal Revenue Code.
 3373         (l) “Vested” or “vesting” means the guarantee that a
 3374  participant member is eligible to receive a retirement benefit
 3375  upon completion of the required years of service under the
 3376  optional retirement program investment plan.
 3377         (3) ELIGIBILITY; RETIREMENT SERVICE CREDIT; TRANSFER OF
 3378  BENEFITS.—
 3379         (a) Participation in the Public Employee Optional
 3380  Retirement Program is limited to eligible employees.
 3381  Participation in the optional retirement program is in lieu of
 3382  participation in the defined benefit program of the Florida
 3383  Retirement System.
 3384         (b)(a) An eligible employee who is a member of the defined
 3385  benefit retirement program of the Florida Retirement System
 3386  employed in a regularly established position by a state employer
 3387  on June 1, 2002; by a district school board employer on
 3388  September 1, 2002; or by a local employer on December 1, 2002,
 3389  and who is a member of the pension plan at the time of his or
 3390  her election to participate in the Public Employee Optional
 3391  Retirement Program investment plan shall retain all retirement
 3392  service credit earned under the defined benefit retirement
 3393  program of the Florida Retirement System pension plan as
 3394  credited under the system and shall be is entitled to a deferred
 3395  benefit upon termination, if eligible under the system. However,
 3396  election to participate enroll in the Public Employee Optional
 3397  Retirement Program investment plan terminates the active
 3398  membership of the employee in the defined benefit program of the
 3399  Florida Retirement System pension plan, and the service of a
 3400  participant member in the Public Employee Optional Retirement
 3401  Program shall investment plan is not be creditable under the
 3402  defined benefit retirement program of the Florida Retirement
 3403  System pension plan for purposes of benefit accrual but shall be
 3404  credited is creditable for purposes of vesting.
 3405         (c)1.(b) Notwithstanding paragraph (b), each (a), an
 3406  eligible employee who elects to participate in the Public
 3407  Employee Optional Retirement Program investment plan and
 3408  establishes one or more individual participant member accounts
 3409  under the optional program may elect to transfer to the optional
 3410  program investment plan a sum representing the present value of
 3411  the employee’s accumulated benefit obligation under the defined
 3412  benefit retirement program of the Florida Retirement System
 3413  pension plan. Upon such transfer, all service credit previously
 3414  earned under the defined benefit program of the Florida
 3415  Retirement System shall be pension plan is nullified for
 3416  purposes of entitlement to a future benefit under the defined
 3417  benefit program of the Florida Retirement System pension plan. A
 3418  participant is precluded from transferring member may not
 3419  transfer the accumulated benefit obligation balance from the
 3420  defined benefit program upon the expiration of the pension plan
 3421  after the time period afforded to enroll for enrolling in the
 3422  optional program investment plan has expired.
 3423         2.1. For purposes of this subsection, the present value of
 3424  the member’s accumulated benefit obligation is based upon the
 3425  member’s estimated creditable service and estimated average
 3426  final compensation under the defined benefit program pension
 3427  plan, subject to recomputation under subparagraph 3. 2. For
 3428  state employees enrolling under subparagraph (4)(a)1., initial
 3429  estimates will shall be based upon creditable service and
 3430  average final compensation as of midnight on June 30, 2002; for
 3431  district school board employees enrolling under subparagraph
 3432  (4)(b)1., initial estimates will shall be based upon creditable
 3433  service and average final compensation as of midnight on
 3434  September 30, 2002; and for local government employees enrolling
 3435  under subparagraph (4)(c)1., initial estimates will shall be
 3436  based upon creditable service and average final compensation as
 3437  of midnight on December 31, 2002. The dates respectively
 3438  specified above shall be construed as are the “estimate date”
 3439  for these employees. The actuarial present value of the
 3440  employee’s accumulated benefit obligation shall be based on the
 3441  following:
 3442         a. The discount rate and other relevant actuarial
 3443  assumptions used to value the Florida Retirement System Trust
 3444  Fund at the time the amount to be transferred is determined,
 3445  consistent with the factors provided in sub-subparagraphs b. and
 3446  c.
 3447         b. A benefit commencement age, based on the member’s
 3448  estimated creditable service as of the estimate date.
 3449         c. Except as provided under sub-subparagraph d., for a
 3450  member initially enrolled:
 3451         (I) Before July 1, 2011, The benefit commencement age shall
 3452  be is the younger of the following, but shall may not be younger
 3453  than the member’s age as of the estimate date:
 3454         (I)(A) Age 62; or
 3455         (II)(B) The age the member would attain if the member
 3456  completed 30 years of service with an employer, assuming the
 3457  member worked continuously from the estimate date, and
 3458  disregarding any vesting requirement that would otherwise apply
 3459  under the defined benefit program of the Florida Retirement
 3460  System pension plan.
 3461         (II) On or after July 1, 2011, the benefit commencement age
 3462  is the younger of the following, but may not be younger than the
 3463  member’s age as of the estimate date:
 3464         (A) Age 65; or
 3465         (B) The age the member would attain if the member completed
 3466  33 years of service with an employer, assuming the member worked
 3467  continuously from the estimate date, and disregarding any
 3468  vesting requirement that would otherwise apply under the pension
 3469  plan.
 3470         c.d. For members of the Special Risk Class and for members
 3471  of the Special Risk Administrative Support Class entitled to
 3472  retain the special risk normal retirement date:
 3473         (I) Initially enrolled before July 1, 2011, the benefit
 3474  commencement age shall be is the younger of the following, but
 3475  shall may not be younger than the member’s age as of the
 3476  estimate date:
 3477         (I)(A) Age 55; or
 3478         (II)(B) The age the member would attain if the member
 3479  completed 25 years of service with an employer, assuming the
 3480  member worked continuously from the estimate date, and
 3481  disregarding any vesting requirement that would otherwise apply
 3482  under the defined benefit program of the Florida Retirement
 3483  System pension plan.
 3484         (II) Initially enrolled on or after July 1, 2011, the
 3485  benefit commencement age is the younger of the following, but
 3486  may not be younger than the member’s age as of the estimate
 3487  date:
 3488         (A) Age 60; or
 3489         (B) The age the member would attain if the member completed
 3490  30 years of service with an employer, assuming the member worked
 3491  continuously from the estimate date, and disregarding any
 3492  vesting requirement that would otherwise apply under the pension
 3493  plan.
 3494         d.e. The calculation shall must disregard vesting
 3495  requirements and early retirement reduction factors that would
 3496  otherwise apply under the defined benefit retirement program
 3497  pension plan.
 3498         3.2. For each participant member who elects to transfer
 3499  moneys from the defined benefit program pension plan to his or
 3500  her account in the optional program investment plan, the
 3501  division shall recompute the amount transferred under
 3502  subparagraph 2. not later than 1. within 60 days after the
 3503  actual transfer of funds based upon the participant’s member’s
 3504  actual creditable service and actual final average compensation
 3505  as of the initial date of participation in the optional program
 3506  investment plan. If the recomputed amount differs from the
 3507  amount transferred under subparagraph 2. by $10 or more, the
 3508  division shall:
 3509         a. Transfer, or cause to be transferred, from the Florida
 3510  Retirement System Trust Fund to the participant’s member’s
 3511  account in the optional program the excess, if any, of the
 3512  recomputed amount over the previously transferred amount
 3513  together with interest from the initial date of transfer to the
 3514  date of transfer under this subparagraph, based upon the
 3515  effective annual interest equal to the assumed return on the
 3516  actuarial investment which was used in the most recent actuarial
 3517  valuation of the system, compounded annually.
 3518         b. Transfer, or cause to be transferred, from the
 3519  participant’s member’s account to the Florida Retirement System
 3520  Trust Fund the excess, if any, of the previously transferred
 3521  amount over the recomputed amount, together with interest from
 3522  the initial date of transfer to the date of transfer under this
 3523  subparagraph, based upon 6 percent effective annual interest,
 3524  compounded annually, pro rata based on the participant’s
 3525  member’s allocation plan.
 3526         3. If contribution adjustments are made as a result of
 3527  employer errors or corrections, including plan corrections,
 3528  following recomputation of the amount transferred under
 3529  subparagraph 1., the member is entitled to the additional
 3530  contributions or is responsible for returning any excess
 3531  contributions resulting from the correction. However, any return
 3532  of such erroneous excess pretax contribution by the plan must be
 3533  made within the period allowed by the Internal Revenue Service.
 3534  The present value of the member’s accumulated benefit obligation
 3535  shall not be recalculated.
 3536         4. As directed by the participant member, the state board
 3537  shall transfer or cause to be transferred the appropriate
 3538  amounts to the designated accounts. The board shall establish
 3539  transfer procedures by rule, but the actual transfer shall not
 3540  be later than within 30 days after the effective date of the
 3541  member’s participation in the optional program investment plan
 3542  unless the major financial markets for securities available for
 3543  a transfer are seriously disrupted by an unforeseen event which
 3544  also that causes the suspension of trading on any national
 3545  securities exchange in the country where the securities were
 3546  issued. In that event, such the 30-day period of time may be
 3547  extended by a resolution of the trustees state board. Transfers
 3548  are not commissionable or subject to other fees and may be in
 3549  the form of securities or cash, as determined by the state
 3550  board. Such securities shall be are valued as of the date of
 3551  receipt in the participant’s member’s account.
 3552         5. If the state board or the division receives notification
 3553  from the United States Internal Revenue Service that this
 3554  paragraph or any portion of this paragraph will cause the
 3555  retirement system, or a portion thereof, to be disqualified for
 3556  tax purposes under the Internal Revenue Code, then the portion
 3557  that will cause the disqualification does not apply. Upon such
 3558  notice, the state board and the division shall notify the
 3559  presiding officers of the Legislature.
 3560         (4) PARTICIPATION; ENROLLMENT.—
 3561         (a)1. With respect to an eligible employee who is employed
 3562  in a regularly established position on June 1, 2002, by a state
 3563  employer:
 3564         a. Any such employee may elect to participate in the Public
 3565  Employee Optional Retirement Program investment plan in lieu of
 3566  retaining his or her membership in the defined benefit program
 3567  of the Florida Retirement System pension plan. The election must
 3568  be made in writing or by electronic means and must be filed with
 3569  the third-party administrator by August 31, 2002, or, in the
 3570  case of an active employee who is on a leave of absence on April
 3571  1, 2002, by the last business day of the 5th month after
 3572  following the month the leave of absence concludes. This
 3573  election is irrevocable, except as provided in paragraph (e)(g).
 3574  Upon making such election, the employee shall be enrolled as a
 3575  participant member of the Public Employee Optional Retirement
 3576  Program investment plan, the employee’s membership in the
 3577  Florida Retirement System shall be is governed by the provisions
 3578  of this part, and the employee’s membership in the defined
 3579  benefit program of the Florida Retirement System shall terminate
 3580  pension plan terminates. The employee’s enrollment in the Public
 3581  Employee Optional Retirement Program shall be investment plan is
 3582  effective the first day of the month for which a full month’s
 3583  employer contribution is made to the optional program investment
 3584  plan.
 3585         b. Any such employee who fails to elect to participate in
 3586  the Public Employee Optional Retirement Program investment plan
 3587  within the prescribed time period is deemed to have elected to
 3588  retain membership in the defined benefit program of the Florida
 3589  Retirement System pension plan, and the employee’s option to
 3590  elect to participate in the optional program investment plan is
 3591  forfeited.
 3592         2. With respect to employees who become eligible to
 3593  participate in the Public Employee Optional Retirement Program
 3594  investment plan by reason of employment in a regularly
 3595  established position with a state employer commencing after
 3596  April 1, 2002:
 3597         a. Any such employee shall, by default, be enrolled in the
 3598  defined benefit retirement program of the Florida Retirement
 3599  System pension plan at the commencement of employment, and may,
 3600  by the last business day of the 5th month after following the
 3601  employee’s month of hire, elect to participate in the Public
 3602  Employee Optional Retirement Program investment plan. The
 3603  employee’s election must be made in writing or by electronic
 3604  means and must be filed with the third-party administrator. The
 3605  election to participate in the optional program investment plan
 3606  is irrevocable, except as provided in paragraph (e) (g).
 3607         b. If the employee files such election within the
 3608  prescribed time period, enrollment in the optional program shall
 3609  be investment plan is effective on the first day of employment.
 3610  The employer retirement contributions paid through the month of
 3611  the employee plan change shall be transferred to the optional
 3612  investment program, and, effective the first day of the next
 3613  month, the employer shall and employee must pay the applicable
 3614  contributions based on the employee membership class in the
 3615  optional program.
 3616         c. Any such An employee who fails to elect to participate
 3617  in the Public Employee Optional Retirement Program investment
 3618  plan within the prescribed time period is deemed to have elected
 3619  to retain membership in the defined benefit program of the
 3620  Florida Retirement System pension plan, and the employee’s
 3621  option to elect to participate in the optional program
 3622  investment plan is forfeited.
 3623         3. With respect to employees who become eligible to
 3624  participate in the Public Employee Optional Retirement Program
 3625  investment plan pursuant to s. 121.051(2)(c)3. or s.
 3626  121.35(3)(i), any such the employee may elect to participate in
 3627  the Public Employee Optional Retirement Program investment plan
 3628  in lieu of retaining his or her participation membership in the
 3629  State Community College System Optional Retirement Program or
 3630  the State University System Optional Retirement Program. The
 3631  election must be made in writing or by electronic means and must
 3632  be filed with the third-party administrator. This election is
 3633  irrevocable, except as provided in paragraph (e) (g). Upon
 3634  making such election, the employee shall be enrolled as a
 3635  participant of member in the Public Employee Optional Retirement
 3636  Program investment plan, the employee’s membership in the
 3637  Florida Retirement System shall be is governed by the provisions
 3638  of this part, and the employee’s participation in the State
 3639  Community College System Optional Retirement Program or the
 3640  State University System Optional Retirement Program shall
 3641  terminate terminates. The employee’s enrollment in the Public
 3642  Employee Optional Retirement Program shall be investment plan is
 3643  effective on the first day of the month for which a full month’s
 3644  employer and employee contribution is made to the optional
 3645  program investment plan.
 3646         4. For purposes of this paragraph, “state employer” means
 3647  any agency, board, branch, commission, community college,
 3648  department, institution, institution of higher education, or
 3649  water management district of the state, which participates in
 3650  the Florida Retirement System for the benefit of certain
 3651  employees.
 3652         (b)1. With respect to an eligible employee who is employed
 3653  in a regularly established position on September 1, 2002, by a
 3654  district school board employer:
 3655         a. Any such employee may elect to participate in the Public
 3656  Employee Optional Retirement Program investment plan in lieu of
 3657  retaining his or her membership in the defined benefit program
 3658  of the Florida Retirement System pension plan. The election must
 3659  be made in writing or by electronic means and must be filed with
 3660  the third-party administrator by November 30, or, in the case of
 3661  an active employee who is on a leave of absence on July 1, 2002,
 3662  by the last business day of the 5th month after following the
 3663  month the leave of absence concludes. This election is
 3664  irrevocable, except as provided in paragraph (e) (g). Upon
 3665  making such election, the employee shall be enrolled as a
 3666  participant member of the Public Employee Optional Retirement
 3667  Program investment plan, the employee’s membership in the
 3668  Florida Retirement System shall be is governed by the provisions
 3669  of this part, and the employee’s membership in the defined
 3670  benefit program of the Florida Retirement System shall terminate
 3671  pension plan terminates. The employee’s enrollment in the Public
 3672  Employee Optional Retirement Program shall be investment plan is
 3673  effective the first day of the month for which a full month’s
 3674  employer contribution is made to the optional investment
 3675  program.
 3676         b. Any such employee who fails to elect to participate in
 3677  the Public Employee Optional Retirement Program investment plan
 3678  within the prescribed time period is deemed to have elected to
 3679  retain membership in the defined benefit program of the Florida
 3680  Retirement System pension plan, and the employee’s option to
 3681  elect to participate in the optional program investment plan is
 3682  forfeited.
 3683         2. With respect to employees who become eligible to
 3684  participate in the Public Employee Optional Retirement Program
 3685  investment plan by reason of employment in a regularly
 3686  established position with a district school board employer
 3687  commencing after July 1, 2002:
 3688         a. Any such employee shall, by default, be enrolled in the
 3689  defined benefit retirement program of the Florida Retirement
 3690  System pension plan at the commencement of employment, and may,
 3691  by the last business day of the 5th month following the
 3692  employee’s month of hire, elect to participate in the Public
 3693  Employee Optional Retirement Program investment plan. The
 3694  employee’s election must be made in writing or by electronic
 3695  means and must be filed with the third-party administrator. The
 3696  election to participate in the optional program investment plan
 3697  is irrevocable, except as provided in paragraph (e) (g).
 3698         b. If the employee files such election within the
 3699  prescribed time period, enrollment in the optional program shall
 3700  be investment plan is effective on the first day of employment.
 3701  The employer retirement contributions paid through the month of
 3702  the employee plan change shall be transferred to the optional
 3703  program investment plan, and, effective the first day of the
 3704  next month, the employer shall pay the applicable contributions
 3705  based on the employee membership class in the optional program
 3706  investment plan.
 3707         c. Any such employee who fails to elect to participate in
 3708  the Public Employee Optional Retirement Program investment plan
 3709  within the prescribed time period is deemed to have elected to
 3710  retain membership in the defined benefit program of the Florida
 3711  Retirement System pension plan, and the employee’s option to
 3712  elect to participate in the optional program investment plan is
 3713  forfeited.
 3714         3. For purposes of this paragraph, “district school board
 3715  employer” means any district school board that participates in
 3716  the Florida Retirement System for the benefit of certain
 3717  employees, or a charter school or charter technical career
 3718  center that participates in the Florida Retirement System as
 3719  provided in s. 121.051(2)(d).
 3720         (c)1. With respect to an eligible employee who is employed
 3721  in a regularly established position on December 1, 2002, by a
 3722  local employer:
 3723         a. Any such employee may elect to participate in the Public
 3724  Employee Optional Retirement Program investment plan in lieu of
 3725  retaining his or her membership in the defined benefit program
 3726  of the Florida Retirement System pension plan. The election must
 3727  be made in writing or by electronic means and must be filed with
 3728  the third-party administrator by February 28, 2003, or, in the
 3729  case of an active employee who is on a leave of absence on
 3730  October 1, 2002, by the last business day of the 5th month
 3731  following the month the leave of absence concludes. This
 3732  election is irrevocable, except as provided in paragraph (e)
 3733  (g). Upon making such election, the employee shall be enrolled
 3734  as a participant of the Public Employee Optional Retirement
 3735  Program investment plan, the employee’s membership in the
 3736  Florida Retirement System shall be is governed by the provisions
 3737  of this part, and the employee’s membership in the defined
 3738  benefit program of the Florida Retirement System shall terminate
 3739  pension plan terminates. The employee’s enrollment in the Public
 3740  Employee Optional Retirement Program shall be investment plan is
 3741  effective the first day of the month for which a full month’s
 3742  employer contribution is made to the optional program investment
 3743  plan.
 3744         b. Any such employee who fails to elect to participate in
 3745  the Public Employee Optional Retirement Program investment plan
 3746  within the prescribed time period is deemed to have elected to
 3747  retain membership in the defined benefit program of the Florida
 3748  Retirement System pension plan, and the employee’s option to
 3749  elect to participate in the optional program investment plan is
 3750  forfeited.
 3751         2. With respect to employees who become eligible to
 3752  participate in the Public Employee Optional Retirement Program
 3753  investment plan by reason of employment in a regularly
 3754  established position with a local employer commencing after
 3755  October 1, 2002:
 3756         a. Any such employee shall, by default, be enrolled in the
 3757  defined benefit retirement program of the Florida Retirement
 3758  System pension plan at the commencement of employment, and may,
 3759  by the last business day of the 5th month after following the
 3760  employee’s month of hire, elect to participate in the Public
 3761  Employee Optional Retirement Program investment plan. The
 3762  employee’s election must be made in writing or by electronic
 3763  means and must be filed with the third-party administrator. The
 3764  election to participate in the optional program investment plan
 3765  is irrevocable, except as provided in paragraph (e) (g).
 3766         b. If the employee files such election within the
 3767  prescribed time period, enrollment in the optional program shall
 3768  be investment plan is effective on the first day of employment.
 3769  The employer retirement contributions paid through the month of
 3770  the employee plan change shall be transferred to the optional
 3771  program investment plan, and, effective the first day of the
 3772  next month, the employer shall pay the applicable contributions
 3773  based on the employee membership class in the optional program
 3774  investment plan.
 3775         c. Any such employee who fails to elect to participate in
 3776  the Public Employee Optional Retirement Program investment plan
 3777  within the prescribed time period is deemed to have elected to
 3778  retain membership in the defined benefit program of the Florida
 3779  Retirement System pension plan, and the employee’s option to
 3780  elect to participate in the optional program investment plan is
 3781  forfeited.
 3782         3. For purposes of this paragraph, “local employer” means
 3783  any employer not included in paragraph (a) or paragraph (b).
 3784         (d) Contributions available for self-direction by a
 3785  participant member who has not selected one or more specific
 3786  investment products shall be allocated as prescribed by the
 3787  state board. The third-party administrator shall notify any such
 3788  participant the member at least quarterly that the participant
 3789  member should take an affirmative action to make an asset
 3790  allocation among the optional program investment products.
 3791         (e) On or after July 1, 2011, a member of the pension plan
 3792  who obtains a refund of employee contributions retains his or
 3793  her prior plan choice upon return to employment in a regularly
 3794  established position with a participating employer.
 3795         (f) A member of the investment plan who takes a
 3796  distribution of any contributions from his or her investment
 3797  plan account is considered a retiree. A retiree who is initially
 3798  reemployed on or after July 1, 2010, is not eligible for renewed
 3799  membership.
 3800         (e)(g) After the period during which an eligible employee
 3801  had the choice to elect the defined benefit program pension plan
 3802  or the optional retirement program investment plan, or the month
 3803  after following the receipt of the eligible employee’s plan
 3804  election, if sooner, the employee shall have one opportunity, at
 3805  the employee’s discretion, to choose to move from the defined
 3806  benefit program pension plan to the optional retirement program
 3807  investment plan or from the optional retirement program
 3808  investment plan to the defined benefit program pension plan.
 3809  Eligible employees may elect to move between Florida Retirement
 3810  System programs plans only if they are earning service credit in
 3811  an employer-employee relationship consistent with s.
 3812  121.021(17)(b), excluding leaves of absence without pay.
 3813  Effective July 1, 2005, such elections are effective on the
 3814  first day of the month after following the receipt of the
 3815  election by the third-party administrator and are not subject to
 3816  the requirements regarding an employer-employee relationship or
 3817  receipt of contributions for the eligible employee in the
 3818  effective month, except when the election is received by the
 3819  third-party administrator. This paragraph is contingent upon
 3820  approval from by the Internal Revenue Service for including the
 3821  choice described herein within the programs offered by the
 3822  Florida Retirement System.
 3823         1. If the employee chooses to move to the optional
 3824  retirement program investment plan, the applicable provisions of
 3825  this section shall subsection (3) govern the transfer.
 3826         2. If the employee chooses to move to the defined benefit
 3827  program pension plan, the employee must transfer from his or her
 3828  optional retirement program investment plan account, and from
 3829  other employee moneys as necessary, a sum representing the
 3830  present value of that employee’s accumulated benefit obligation
 3831  immediately after following the time of such movement,
 3832  determined assuming that attained service equals the sum of
 3833  service in the defined benefit program pension plan and service
 3834  in the optional retirement program investment plan. Benefit
 3835  commencement occurs on the first date the employee is eligible
 3836  for unreduced benefits, using the discount rate and other
 3837  relevant actuarial assumptions that were used to value the
 3838  defined benefit pension plan liabilities in the most recent
 3839  actuarial valuation. For any employee who, at the time of the
 3840  second election, already maintains an accrued benefit amount in
 3841  the defined benefit program pension plan, the then-present value
 3842  of the accrued benefit shall be is deemed part of the required
 3843  transfer amount. The division shall must ensure that the
 3844  transfer sum is prepared using a formula and methodology
 3845  certified by an enrolled actuary. A refund of any employee
 3846  contributions or additional member payments made which exceed
 3847  the employee contributions that would have accrued had the
 3848  member remained in the pension plan and not transferred to the
 3849  investment plan is not permitted.
 3850         3. Notwithstanding subparagraph 2., an employee who chooses
 3851  to move to the defined benefit program pension plan and who
 3852  became eligible to participate in the optional retirement
 3853  program investment plan by reason of employment in a regularly
 3854  established position with a state employer after June 1, 2002; a
 3855  district school board employer after September 1, 2002; or a
 3856  local employer after December 1, 2002, must transfer from his or
 3857  her optional retirement program investment plan account, and
 3858  from other employee moneys as necessary, a sum representing the
 3859  employee’s actuarial accrued liability. A refund of any employee
 3860  contributions or additional participant payments made which
 3861  exceed the employee contributions that would have accrued had
 3862  the member remained in the pension plan and not transferred to
 3863  the investment plan is not permitted.
 3864         4. An employee’s ability to transfer from the defined
 3865  benefit program pension plan to the optional retirement program
 3866  investment plan pursuant to paragraphs (a)-(d), and the ability
 3867  of a current employee to have an option to later transfer back
 3868  into the defined benefit program pension plan under subparagraph
 3869  2., shall be deemed a significant system amendment. Pursuant to
 3870  s. 121.031(4), any resulting unfunded liability arising from
 3871  actual original transfers from the defined benefit program
 3872  pension plan to the optional program investment plan must be
 3873  amortized within 30 plan years as a separate unfunded actuarial
 3874  base independent of the reserve stabilization mechanism defined
 3875  in s. 121.031(3)(f). For the first 25 years, a direct
 3876  amortization payment may not be calculated for this base. During
 3877  this 25-year period, the separate base shall be used to offset
 3878  the impact of employees exercising their second program election
 3879  under this paragraph. It is the intent of the Legislature that
 3880  the actuarial funded status of the defined benefit program
 3881  pension plan will not be affected by such second program
 3882  elections in any significant manner, after due recognition of
 3883  the separate unfunded actuarial base. After Following the
 3884  initial 25-year period, any remaining balance of the original
 3885  separate base shall be amortized over the remaining 5 years of
 3886  the required 30-year amortization period.
 3887         5. If the employee chooses to transfer from the optional
 3888  retirement program investment plan to the defined benefit
 3889  program pension plan and retains an excess account balance in
 3890  the optional program investment plan after satisfying the buy-in
 3891  requirements under this paragraph, the excess may not be
 3892  distributed until the member retires from the defined benefit
 3893  program pension plan. The excess account balance may be rolled
 3894  over to the defined benefit program pension plan and used to
 3895  purchase service credit or upgrade creditable service in that
 3896  program the pension plan.
 3897         (5) CONTRIBUTIONS.—
 3898         (a) Each The employee and employer shall contribute on
 3899  behalf of each participant in make the required contributions to
 3900  the investment plan based on a percentage of the employee’s
 3901  gross monthly compensation Public Employee Optional Retirement
 3902  Program, as provided in part III of this chapter.
 3903         (b) Employee contributions shall be paid as provided in s.
 3904  121.71.
 3905         (c) The state board, acting as plan fiduciary, shall must
 3906  ensure that all plan assets are held in a trust, pursuant to s.
 3907  401 of the Internal Revenue Code. The fiduciary shall must
 3908  ensure that said such contributions are allocated as follows:
 3909         1. The employer and employee contribution portion earmarked
 3910  for participant member accounts shall be used to purchase
 3911  interests in the appropriate investment vehicles for the
 3912  accounts of each participant as specified by the participant
 3913  member, or in accordance with paragraph (4)(d).
 3914         2. The employer contribution portion earmarked for
 3915  administrative and educational expenses shall be transferred to
 3916  the board Florida Retirement System Investment Plan Trust Fund.
 3917         3. The employer contribution portion earmarked for
 3918  disability benefits shall be transferred to the department
 3919  Florida Retirement System Trust Fund.
 3920         (b)(d)Employers are The third-party administrator is
 3921  responsible for monitoring and notifying participants regarding
 3922  employers of the maximum contribution levels permitted allowed
 3923  for members under the Internal Revenue Code. If a participant
 3924  member contributes to any other tax-deferred plan, he or she the
 3925  member is responsible for ensuring that total contributions made
 3926  to the optional program investment plan and to any other such
 3927  plan do not exceed federally permitted maximums.
 3928         (c)(e) The Public Employee Optional Retirement Program
 3929  investment plan may accept for deposit into participant member
 3930  accounts contributions in the form of rollovers or direct
 3931  trustee-to-trustee transfers by or on behalf of participants
 3932  members, reasonably determined by the state board to be eligible
 3933  for rollover or transfer to the optional retirement program
 3934  investment plan pursuant to the Internal Revenue Code, if such
 3935  contributions are made in accordance with rules as may be
 3936  adopted by the board. Such contributions shall must be accounted
 3937  for in accordance with any applicable Internal Revenue Code
 3938  requirements and rules of the state board.
 3939         (6) VESTING REQUIREMENTS.—
 3940         (a) A member is fully and immediately vested in all
 3941  employee contributions paid to the investment plan as provided
 3942  in s. 121.71, plus interest and earnings thereon and less
 3943  investment fees and administrative charges.
 3944         (a)(b)1. With respect to employer contributions paid on
 3945  behalf of the participant member to the optional retirement
 3946  program investment plan, plus interest and earnings thereon and
 3947  less investment fees and administrative charges, a participant
 3948  member is vested after completing 1 work year with an employer,
 3949  including any service while the participant member was a member
 3950  of the defined benefit program pension plan or an optional
 3951  retirement program authorized under s. 121.051(2)(c) or s.
 3952  121.055(6).
 3953         2. If the participant member terminates employment before
 3954  satisfying the vesting requirements, the nonvested accumulation
 3955  must be transferred from the participant’s member’s accounts to
 3956  the state board for deposit and investment by the state board in
 3957  the its suspense account created within the Public Employee
 3958  Optional Retirement Program Florida Retirement System Investment
 3959  Plan Trust Fund. If the terminated participant member is
 3960  reemployed as an eligible employee within 5 years, the state
 3961  board shall transfer to the participant’s member’s account any
 3962  amount previously transferred from the participant’s member’s
 3963  accounts to the suspense account, plus actual earnings on such
 3964  amount while in the suspense account.
 3965         (b)(c)1. With respect to amounts contributed by an employer
 3966  and transferred from the defined benefit program pension plan to
 3967  the investment program plan, plus interest and earnings, and
 3968  less investment fees and administrative charges, a participant
 3969  member shall be vested in the amount transferred upon meeting
 3970  the service vesting requirements for the participant’s member’s
 3971  membership class as set forth in s. 121.021(29) 121.021(45). The
 3972  third-party administrator shall account for such amounts for
 3973  each participant member. The division shall notify the
 3974  participant member and the third-party administrator when the
 3975  participant member has satisfied the vesting period for Florida
 3976  Retirement System purposes.
 3977         2. If the participant member terminates employment before
 3978  satisfying the vesting requirements, the nonvested accumulation
 3979  must be transferred from the participant’s member’s accounts to
 3980  the state board for deposit and investment by the state board in
 3981  the suspense account created within the Public Employee Optional
 3982  Retirement Program Florida Retirement System Investment Plan
 3983  Trust Fund. If the terminated participant member is reemployed
 3984  as an eligible employee within 5 years, the state board shall
 3985  transfer to the participant’s account member’s accounts any
 3986  amount previously transferred from the participant’s member’s
 3987  accounts to the suspense account, plus the actual earnings on
 3988  such amount while in the suspense account.
 3989         (c)(d) Any nonvested accumulations transferred from a
 3990  participant’s member’s account to the state board’s suspense
 3991  account shall be forfeited, including accompanying service
 3992  credit, by the participant member if the participant member is
 3993  not reemployed as an eligible employee within 5 years after
 3994  termination.
 3995         (e) If the member elects to receive any of his or her
 3996  vested employee or employer contributions upon termination of
 3997  employment as provided in s. 121.021(39)(a), except for a
 3998  mandatory distribution of a de minimis account authorized by the
 3999  state board or a minimum required distribution provided by s.
 4000  401(a)(9) of the Internal Revenue Code, the member shall forfeit
 4001  all nonvested employer contributions, and accompanying service
 4002  credit, paid on behalf of the member to the investment plan.
 4003         (7) BENEFITS.—Under the Public Employee Optional Retirement
 4004  Program investment plan, benefits must:
 4005         (a) Benefits shall be provided in accordance with s. 401(a)
 4006  of the Internal Revenue Code.
 4007         (b) Benefits shall accrue in individual accounts that are
 4008  participant-directed member-directed, portable, and funded by
 4009  employer and employee contributions and earnings thereon.
 4010         (c) Benefits shall be payable in accordance with the
 4011  provisions of s. 121.591.
 4012         (8) INVESTMENT PLAN ADMINISTRATION OF PROGRAM.—
 4013         (a) The optional retirement program investment plan shall
 4014  be administered by the state board and affected employers. The
 4015  state board may require oaths, by affidavit or otherwise, and
 4016  acknowledgments from persons in connection with the
 4017  administration of its statutory duties and responsibilities for
 4018  this program the investment plan. An oath, by affidavit or
 4019  otherwise, may not be required of an employee participant a
 4020  member at the time of enrollment. Acknowledgment of an
 4021  employee’s election to participate in the program shall be no
 4022  greater than necessary to confirm the employee’s election. The
 4023  state board shall adopt rules to carry out its statutory duties
 4024  with respect to administering the optional retirement program
 4025  investment plan, including establishing the roles and
 4026  responsibilities of affected state, local government, and
 4027  education-related employers, the state board, the department,
 4028  and third-party contractors. The department shall adopt rules
 4029  necessary to administer the optional program investment plan in
 4030  coordination with the defined benefit program pension plan and
 4031  the disability benefits available under the optional program
 4032  investment plan.
 4033         (b)(a)1. The state board shall select and contract with a
 4034  one third-party administrator to provide administrative services
 4035  if those services cannot be competitively and contractually
 4036  provided by the Division of Retirement within the Department of
 4037  Management Services. With the approval of the state board, the
 4038  third-party administrator may subcontract with other
 4039  organizations or individuals to provide components of the
 4040  administrative services. As a cost of administration, the state
 4041  board may compensate any such contractor for its services, in
 4042  accordance with the terms of the contract, as is deemed
 4043  necessary or proper by the board. The third-party administrator
 4044  may not be an approved provider or be affiliated with an
 4045  approved provider.
 4046         2. These administrative services may include, but are not
 4047  limited to, enrollment of eligible employees, collection of
 4048  employer and employee contributions, disbursement of such
 4049  contributions to approved providers in accordance with the
 4050  allocation directions of participants members; services relating
 4051  to consolidated billing; individual and collective recordkeeping
 4052  and accounting; asset purchase, control, and safekeeping; and
 4053  direct disbursement of funds to and from the third-party
 4054  administrator, the division, the state board, employers,
 4055  participants members, approved providers, and beneficiaries.
 4056  This section does not prevent or prohibit a bundled provider
 4057  from providing any administrative or customer service, including
 4058  accounting and administration of individual participant member
 4059  benefits and contributions; individual participant member
 4060  recordkeeping; asset purchase, control, and safekeeping; direct
 4061  execution of the participant’s member’s instructions as to asset
 4062  and contribution allocation; calculation of daily net asset
 4063  values; direct access to participant member account information;
 4064  or periodic reporting to participants members, at least
 4065  quarterly, on account balances and transactions, if these
 4066  services are authorized by the state board as part of the
 4067  contract.
 4068         3.(b)1. The state board shall select and contract with one
 4069  or more organizations to provide educational services. With
 4070  approval of the state board, the organizations may subcontract
 4071  with other organizations or individuals to provide components of
 4072  the educational services. As a cost of administration, the state
 4073  board may compensate any such contractor for its services in
 4074  accordance with the terms of the contract, as is deemed
 4075  necessary or proper by the board. The education organization may
 4076  not be an approved provider or be affiliated with an approved
 4077  provider.
 4078         4.2. Educational services shall be designed by the state
 4079  board and department to assist employers, eligible employees,
 4080  participants members, and beneficiaries in order to maintain
 4081  compliance with United States Department of Labor regulations
 4082  under s. 404(c) of the Employee Retirement Income Security Act
 4083  of 1974 and to assist employees in their choice of pension plan
 4084  defined benefit or defined contribution investment plan
 4085  retirement alternatives. Educational services include, but are
 4086  not limited to, disseminating educational materials; providing
 4087  retirement planning education; explaining the differences
 4088  between the defined benefit retirement pension plan and the
 4089  defined contribution retirement investment plan; and offering
 4090  financial planning guidance on matters such as investment
 4091  diversification, investment risks, investment costs, and asset
 4092  allocation. An approved provider may also provide educational
 4093  information, including retirement planning and investment
 4094  allocation information concerning its products and services.
 4095         (c)1. In evaluating and selecting a third-party
 4096  administrator, the state board shall establish criteria under
 4097  which it shall consider for evaluating the relative capabilities
 4098  and qualifications of each proposed administrator. In developing
 4099  such criteria, the state board shall consider:
 4100         a. The administrator’s demonstrated experience in providing
 4101  administrative services to public or private sector retirement
 4102  systems.
 4103         b. The administrator’s demonstrated experience in providing
 4104  daily valued recordkeeping to defined contribution plans
 4105  programs.
 4106         c. The administrator’s ability and willingness to
 4107  coordinate its activities with the Florida Retirement System
 4108  employers, the state board, and the division, and to supply to
 4109  such employers, the board, and the division the information and
 4110  data they require, including, but not limited to, monthly
 4111  management reports, quarterly participant member reports, and ad
 4112  hoc reports requested by the department or state board.
 4113         d. The cost-effectiveness and levels of the administrative
 4114  services provided.
 4115         e. The administrator’s ability to interact with the
 4116  participants members, the employers, the state board, the
 4117  division, and the providers; the means by which participants
 4118  members may access account information, direct investment of
 4119  contributions, make changes to their accounts, transfer moneys
 4120  between available investment vehicles, and transfer moneys
 4121  between investment products; and any fees that apply to such
 4122  activities.
 4123         f. Any other factor deemed necessary by the Trustees of the
 4124  State Board of Administration.
 4125         2. In evaluating and selecting an educational provider, the
 4126  state board shall establish criteria under which it shall
 4127  consider the relative capabilities and qualifications of each
 4128  proposed educational provider. In developing such criteria, the
 4129  state board shall consider:
 4130         a. Demonstrated experience in providing educational
 4131  services to public or private sector retirement systems.
 4132         b. Ability and willingness to coordinate its activities
 4133  with the Florida Retirement System employers, the state board,
 4134  and the division, and to supply to such employers, the board,
 4135  and the division the information and data they require,
 4136  including, but not limited to, reports on educational contacts.
 4137         c. The cost-effectiveness and levels of the educational
 4138  services provided.
 4139         d. Ability to provide educational services via different
 4140  media, including, but not limited to, the Internet, personal
 4141  contact, seminars, brochures, and newsletters.
 4142         e. Any other factor deemed necessary by the Trustees of the
 4143  State Board of Administration.
 4144         3. The establishment of the criteria shall be solely within
 4145  the discretion of the state board.
 4146         (d) The state board shall develop the form and content of
 4147  any contracts to be offered under the Public Employee Optional
 4148  Retirement Program investment plan. In developing its the
 4149  contracts, the board must shall consider:
 4150         1. The nature and extent of the rights and benefits to be
 4151  afforded in relation to the required contributions required
 4152  under the program plan.
 4153         2. The suitability of the rights and benefits to be
 4154  afforded provided and the interests of employers in the
 4155  recruitment and retention of eligible employees.
 4156         (e)1. The state board may contract with any consultant for
 4157  professional services, including legal, consulting, accounting,
 4158  and actuarial services, deemed necessary to implement and
 4159  administer the optional program by the Trustees of the State
 4160  Board of Administration investment plan. The state board may
 4161  enter into a contract with one or more vendors to provide low
 4162  cost investment advice to participants members, supplemental to
 4163  education provided by the third-party administrator. All fees
 4164  under any such contract shall be paid by those participants
 4165  members who choose to use the services of the vendor.
 4166         2. The department may contract with consultants for
 4167  professional services, including legal, consulting, accounting,
 4168  and actuarial services, deemed necessary to implement and
 4169  administer the optional program investment plan in coordination
 4170  with the defined benefit program of the Florida Retirement
 4171  System pension plan. The department, in coordination with the
 4172  state board, may enter into a contract with the third-party
 4173  administrator in order to coordinate services common to the
 4174  various programs within the Florida Retirement System.
 4175         (f) The third-party administrator shall may not receive
 4176  direct or indirect compensation from an approved provider,
 4177  except as specifically provided for in the contract with the
 4178  state board.
 4179         (g) The state board shall receive and resolve participant
 4180  member complaints against the program, the third-party
 4181  administrator, or any program vendor or provider; shall resolve
 4182  any conflict between the third-party administrator and an
 4183  approved provider if such conflict threatens the implementation
 4184  or administration of the program or the quality of services to
 4185  employees; and may resolve any other conflicts. The third-party
 4186  administrator shall retain all participant member records for at
 4187  least 5 years for use in resolving any participant member
 4188  conflicts. The state board, the third-party administrator, or a
 4189  provider is not required to produce documentation or an audio
 4190  recording to justify action taken with regard to a participant
 4191  member if the action occurred 5 or more years before the
 4192  complaint is submitted to the state board. It is presumed that
 4193  all action taken 5 or more years before the complaint is
 4194  submitted was taken at the request of the participant member and
 4195  with the participant’s member’s full knowledge and consent. To
 4196  overcome this presumption, the participant member must present
 4197  documentary evidence or an audio recording demonstrating
 4198  otherwise.
 4199         (9) INVESTMENT OPTIONS OR PRODUCTS; PERFORMANCE REVIEW.—
 4200         (a) The state board shall develop policy and procedures for
 4201  selecting, evaluating, and monitoring the performance of
 4202  approved providers and investment products to which employees
 4203  may direct retirement contributions under the program investment
 4204  plan. In accordance with such policy and procedures, the state
 4205  board shall designate and contract for a number of investment
 4206  products as determined by the board. The board shall also select
 4207  one or more bundled providers, each of whom which may offer
 4208  multiple investment options and related services when, if such
 4209  an approach is determined by the board to afford provide value
 4210  to the participants members otherwise not available through
 4211  individual investment products. Each approved bundled provider
 4212  may offer investment options that provide participants members
 4213  with the opportunity to invest in each of the following asset
 4214  classes, to be composed of individual options that represent
 4215  either a single asset class or a combination thereof: money
 4216  markets, United States fixed income, United States equities, and
 4217  foreign stock. The state board shall review and manage all
 4218  educational materials, contract terms, fee schedules, and other
 4219  aspects of the approved provider relationships to ensure that no
 4220  provider is unduly favored or penalized by virtue of its status
 4221  within the investment plan.
 4222         (b) The state board shall consider investment options or
 4223  products it considers appropriate to give participants members
 4224  the opportunity to accumulate retirement benefits, subject to
 4225  the following:
 4226         1. The Public Employee Optional Retirement Program
 4227  investment plan must offer a diversified mix of low-cost
 4228  investment products that span the risk-return spectrum and may
 4229  include a guaranteed account as well as investment products,
 4230  such as individually allocated guaranteed and variable
 4231  annuities, which meet the requirements of this subsection and
 4232  combine the ability to accumulate investment returns with the
 4233  option of receiving lifetime income consistent with the long
 4234  term retirement security of a pension plan and similar to the
 4235  lifetime-income benefit provided by the Florida Retirement
 4236  System.
 4237         2. Investment options or products offered by the group of
 4238  approved providers may include mutual funds, group annuity
 4239  contracts, individual retirement annuities, interests in trusts,
 4240  collective trusts, separate accounts, and other such financial
 4241  instruments, and may include products that give participants
 4242  members the option of committing their contributions for an
 4243  extended time period in an effort to obtain returns higher than
 4244  those that could be obtained from investment products offering
 4245  full liquidity.
 4246         3. The state board shall may not contract with any a
 4247  provider that imposes a front-end, back-end, contingent, or
 4248  deferred sales charge, or any other fee that limits or restricts
 4249  the ability of participants members to select any investment
 4250  product available in the optional program investment plan. This
 4251  prohibition does not apply to fees or charges that are imposed
 4252  on withdrawals from products that give participants members the
 4253  option of committing their contributions for an extended time
 4254  period in an effort to obtain returns higher than those that
 4255  could be obtained from investment products offering full
 4256  liquidity, provided that if the product in question, net of all
 4257  fees and charges, produces material benefits relative to other
 4258  comparable products in the program investment plan offering full
 4259  liquidity.
 4260         4. Fees or charges for insurance features, such as
 4261  mortality and expense-risk charges, must be reasonable relative
 4262  to the benefits provided.
 4263         (c) In evaluating and selecting approved providers and
 4264  products, the state board shall establish criteria under which
 4265  it shall consider for evaluating the relative capabilities and
 4266  qualifications of each proposed provider company and product. In
 4267  developing such criteria, the board shall consider the following
 4268  to the extent such factors may be applied in connection with
 4269  investment products, services, or providers:
 4270         1. Experience in the United States providing retirement
 4271  products and related financial services under defined
 4272  contribution retirement plans programs.
 4273         2. Financial strength and stability which shall be as
 4274  evidenced by the highest ratings assigned by nationally
 4275  recognized rating services when comparing proposed providers
 4276  that are so rated.
 4277         3. Intrastate and interstate portability of the product
 4278  offered, including early withdrawal options.
 4279         4. Compliance with the Internal Revenue Code.
 4280         5. The cost-effectiveness of the product provided and the
 4281  levels of service supporting the product relative to its
 4282  benefits and its characteristics, including, without limitation,
 4283  the level of risk borne by the provider.
 4284         6. The provider company’s ability and willingness to
 4285  coordinate its activities with Florida Retirement System
 4286  employers, the department, and the state board, and to supply to
 4287  such the employers, the department, and the board with the
 4288  information and data they require.
 4289         7. The methods available to participants members to
 4290  interact with the provider company; the means by which
 4291  participants members may access account information, direct
 4292  investment of contributions, make changes to their accounts,
 4293  transfer moneys between available investment vehicles, and
 4294  transfer moneys between provider companies; and any fees that
 4295  apply to such activities.
 4296         8. The provider company’s policies with respect to the
 4297  transfer of individual account balances, contributions, and
 4298  earnings thereon, both internally among investment products
 4299  offered by the provider company and externally between approved
 4300  providers, as well as any fees, charges, reductions, or
 4301  penalties that may be applied.
 4302         9. An evaluation of specific investment products, taking
 4303  into account each product’s experience in meeting its investment
 4304  return objectives net of all related fees, expenses, and
 4305  charges, including, but not limited to, investment management
 4306  fees, loads, distribution and marketing fees, custody fees,
 4307  recordkeeping fees, education fees, annuity expenses, and
 4308  consulting fees.
 4309         10. Organizational factors, including, but not limited to,
 4310  financial solvency, organizational depth, and experience in
 4311  providing institutional and retail investment services.
 4312         (d) By March 1, 2010, the state board shall identify and
 4313  offer at least one terror-free investment product that allocates
 4314  its funds among securities not subject to divestiture as
 4315  provided in s. 215.473 if the investment product is deemed by
 4316  the state board to be consistent with prudent investor
 4317  standards. No A person may not bring a civil, criminal, or
 4318  administrative action against an approved provider; the state
 4319  board; or any employee, officer, director, or trustee of such
 4320  provider based upon the divestiture of any security or the
 4321  offering of a terror-free investment product as specified in
 4322  this paragraph.
 4323         (e) As a condition of offering any an investment option or
 4324  product in the optional retirement program investment plan, the
 4325  approved provider must agree to make the investment product or
 4326  service available under the most beneficial terms offered to any
 4327  other customer, subject to approval by the Trustees of the State
 4328  Board of Administration.
 4329         (f) The state board shall regularly review the performance
 4330  of each approved provider and product and related organizational
 4331  factors to ensure continued compliance with established
 4332  selection criteria and with board policy and procedures.
 4333  Providers and products may be terminated subject to contract
 4334  provisions. The state board shall adopt procedures to transfer
 4335  account balances from terminated products or providers to other
 4336  products or providers in the optional program investment plan.
 4337         (g)1. An approved provider shall comply with all applicable
 4338  federal and state securities and insurance laws and regulations
 4339  applicable to the provider, as well as with the applicable rules
 4340  and guidelines of the National Association of Securities Dealers
 4341  which govern the ethical marketing of investment products. In
 4342  furtherance of this mandate, an approved provider must agree in
 4343  its contract with the state board to establish and maintain a
 4344  compliance education and monitoring system to supervise the
 4345  activities of all personnel who directly communicate with
 4346  individual participants members and recommend investment
 4347  products, which system is consistent with rules of the National
 4348  Association of Securities Dealers.
 4349         2. Approved provider personnel who directly communicate
 4350  with individual participants members and who recommend
 4351  investment products shall make an independent and unbiased
 4352  determination as to whether an investment product is suitable
 4353  for a particular participant member.
 4354         3. The state board shall develop procedures to receive and
 4355  resolve participant member complaints against a provider or
 4356  approved provider personnel, and, when if appropriate, refer
 4357  such complaints to the appropriate agency.
 4358         4. Approved providers may not sell or in any way distribute
 4359  any customer list or participant member identification
 4360  information generated through their offering of products or
 4361  services through the optional retirement program investment
 4362  plan.
 4363         (10) EDUCATION COMPONENT.—
 4364         (a) The state board, in coordination with the department,
 4365  shall provide for an education component for system members in a
 4366  manner consistent with the provisions of this section. The
 4367  education component must be available to eligible employees at
 4368  least 90 days prior to the beginning date of the election period
 4369  for the employees of the respective types of employers.
 4370         (b) The education component must provide system members
 4371  with impartial and balanced information about plan choices. The
 4372  education component must involve multimedia formats. Program
 4373  comparisons must, to the greatest extent possible, be based upon
 4374  the retirement income that different retirement programs may
 4375  provide to the participant member. The state board shall monitor
 4376  the performance of the contract to ensure that the program is
 4377  conducted in accordance with the contract, applicable law, and
 4378  the rules of the state board.
 4379         (c) The state board, in coordination with the department,
 4380  shall provide for an initial and ongoing transfer education
 4381  component to provide system members with information necessary
 4382  to make informed plan choice decisions. The transfer education
 4383  component must include, but is not limited to, information on:
 4384         1. The amount of money available to a member to transfer to
 4385  the defined contribution program.
 4386         2. The features of and differences between the defined
 4387  benefit program pension plan and the defined contribution
 4388  program, both generally and specifically, as those differences
 4389  may affect the member.
 4390         3. The expected benefit available if the member were to
 4391  retire under each of the retirement programs, based on
 4392  appropriate alternative sets of assumptions.
 4393         4. The rate of return from investments in the defined
 4394  contribution program and the period of time over which such rate
 4395  of return must be achieved to equal or exceed the expected
 4396  monthly benefit payable to the member under the defined benefit
 4397  program pension plan.
 4398         5. The historical rates of return for the investment
 4399  alternatives available in the defined contribution programs.
 4400         6. The benefits and historical rates of return on
 4401  investments available in a typical deferred compensation plan or
 4402  a typical plan under s. 403(b) of the Internal Revenue Code for
 4403  which the employee may be eligible.
 4404         7. The program choices available to employees of the State
 4405  University System and the comparative benefits of each available
 4406  program, if applicable.
 4407         8. Payout options available in each of the retirement
 4408  programs.
 4409         (d) An ongoing education and communication component must
 4410  provide system members eligible employees with information
 4411  necessary to make informed decisions about choices within their
 4412  program of membership retirement system and in preparation for
 4413  retirement. The component must include, but is not limited to,
 4414  information concerning:
 4415         1. Rights and conditions of membership.
 4416         2. Benefit features within the program, options, and
 4417  effects of certain decisions.
 4418         3. Coordination of contributions and benefits with a
 4419  deferred compensation plan under s. 457 or a plan under s.
 4420  403(b) of the Internal Revenue Code.
 4421         4. Significant program changes.
 4422         5. Contribution rates and program funding status.
 4423         6. Planning for retirement.
 4424         (e) Descriptive materials must be prepared under the
 4425  assumption that the employee is an unsophisticated investor, and
 4426  all materials used in the education component must be approved
 4427  by the state board prior to dissemination.
 4428         (f) The state board and the department shall also establish
 4429  a communication component to provide program information to
 4430  participating employers and the employers’ personnel and payroll
 4431  officers and to explain their respective responsibilities in
 4432  conjunction with the retirement programs.
 4433         (g) Funding for education of new employees may reflect
 4434  administrative costs to the optional program investment plan and
 4435  the defined benefit program pension plan.
 4436         (h) Pursuant to paragraph subsection (8)(a), all Florida
 4437  Retirement System employers have an obligation to regularly
 4438  communicate the existence of the two Florida Retirement System
 4439  plans and the plan choice in the natural course of administering
 4440  their personnel functions, using the educational materials
 4441  supplied by the state board and the Department of Management
 4442  Services.
 4443         (11) PARTICIPANT MEMBER INFORMATION REQUIREMENTS.—The state
 4444  board shall ensure that each participant member is provided a
 4445  quarterly statement that accounts for the contributions made on
 4446  behalf of such participant the member; the interest and
 4447  investment earnings thereon; and any fees, penalties, or other
 4448  deductions that apply thereto. At a minimum, such statements
 4449  must:
 4450         (a) Indicate the participant’s member’s investment options.
 4451         (b) State the market value of the account at the close of
 4452  the current quarter and previous quarter.
 4453         (c) Show account gains and losses for the period and
 4454  changes in account accumulation unit values for the period
 4455  quarter.
 4456         (d) Itemize account contributions for the quarter.
 4457         (e) Indicate any account changes due to adjustment of
 4458  contribution levels, reallocation of contributions, balance
 4459  transfers, or withdrawals.
 4460         (f) Set forth any fees, charges, penalties, and deductions
 4461  that apply to the account.
 4462         (g) Indicate the amount of the account in which the
 4463  participant member is fully vested and the amount of the account
 4464  in which the participant member is not vested.
 4465         (h) Indicate each investment product’s performance relative
 4466  to an appropriate market benchmark.
 4467  
 4468  The third-party administrator shall provide quarterly and annual
 4469  summary reports to the state board and any other reports
 4470  requested by the department or the state board. In any
 4471  solicitation or offer of coverage under an optional retirement
 4472  program the investment plan, a provider company shall be
 4473  governed by the contract readability provisions of s. 627.4145,
 4474  notwithstanding s. 627.4145(6)(c). In addition, all descriptive
 4475  materials must be prepared under the assumption that the
 4476  participant member is an unsophisticated investor. Provider
 4477  companies must maintain an internal system of quality assurance,
 4478  have proven functional systems that are date-calculation
 4479  compliant, and be subject to a due-diligence inquiry that proves
 4480  their capacity and fitness to undertake service
 4481  responsibilities.
 4482         (12) ADVISORY COUNCIL TO PROVIDE ADVICE AND ASSISTANCE.—The
 4483  Investment Advisory Council, created pursuant to s. 215.444,
 4484  shall assist the state board in implementing and administering
 4485  the Public Employee Optional Retirement Program investment plan.
 4486  The Investment Advisory Council, created pursuant to s. 215.444,
 4487  shall review the state board’s initial recommendations regarding
 4488  the criteria to be used in selecting and evaluating approved
 4489  providers and investment products. The council may provide
 4490  comments on the recommendations to the state board within 45
 4491  days after receiving the initial recommendations. The state
 4492  board shall make the final determination as to whether any
 4493  investment provider or product, any contractor, or any and all
 4494  contract provisions shall be are approved for the program
 4495  investment plan.
 4496         (13) FEDERAL REQUIREMENTS.—
 4497         (a) Provisions of this section shall be construed, and the
 4498  Public Employee Optional Retirement Program investment plan
 4499  shall be administered, so as to comply with the Internal Revenue
 4500  Code, 26 U.S.C., and specifically with plan qualification
 4501  requirements imposed on governmental plans under s. 401(a) of
 4502  the Internal Revenue Code. The state board shall have the power
 4503  and authority to may adopt rules reasonably necessary to
 4504  establish or maintain the qualified status of the Optional
 4505  Retirement Program investment plan under the Internal Revenue
 4506  Code and to implement and administer the Optional Retirement
 4507  Program investment plan in compliance with the Internal Revenue
 4508  Code and as designated under this part; provided however, that
 4509  the board shall not have the authority to adopt any rule which
 4510  makes a substantive change to the Optional Retirement Program
 4511  investment plan as designed by this part.
 4512         (b) Any section or provision of this chapter which is
 4513  susceptible to more than one construction must shall be
 4514  interpreted in favor of the construction most likely to satisfy
 4515  requirements imposed by s. 401(a) of the Internal Revenue Code.
 4516         (c) Contributions payable under this section for any
 4517  limitation year may not exceed the maximum amount allowable for
 4518  qualified defined contribution pension plans under applicable
 4519  provisions of the Internal Revenue Code. If an employee who has
 4520  elected to participate is enrolled in the Public Employee
 4521  Optional Retirement Program investment plan participates in any
 4522  other plan that is maintained by the participating employer,
 4523  benefits that accrue under the Public Employee Optional
 4524  Retirement Program investment plan shall be considered primary
 4525  for any aggregate limitation applicable under s. 415 of the
 4526  Internal Revenue Code.
 4527         (14) INVESTMENT POLICY STATEMENT.—
 4528         (a) Investment products and approved providers selected for
 4529  the Public Employee Optional Retirement Program shall investment
 4530  plan must conform with the Public Employee Optional Retirement
 4531  Program Florida Retirement System Investment Plan Investment
 4532  Policy Statement, herein referred to as the “statement,” as
 4533  developed and approved by the trustees of the State Board of
 4534  Administration. The statement must include, among other items,
 4535  the investment objectives of the Public Employee Optional
 4536  Retirement Program investment plan, manager selection and
 4537  monitoring guidelines, and performance measurement criteria. As
 4538  required from time to time, the executive director of the state
 4539  board may present recommended changes in the statement to the
 4540  board for approval.
 4541         (b) Prior to presenting the statement, or any recommended
 4542  changes thereto, to the state board, the executive director of
 4543  the board shall present such statement or changes to the
 4544  Investment Advisory Council for review. The council shall
 4545  present the results of its review to the board prior to the
 4546  board’s final approval of the statement or changes in the
 4547  statement.
 4548         (15) STATEMENT OF FIDUCIARY STANDARDS AND
 4549  RESPONSIBILITIES.—
 4550         (a) Investment of optional defined contribution retirement
 4551  plan assets shall be made for the sole interest and exclusive
 4552  purpose of providing benefits to plan participants members and
 4553  beneficiaries and defraying reasonable expenses of administering
 4554  the plan. The program’s assets are to shall be invested, on
 4555  behalf of the program participants, members with the care,
 4556  skill, and diligence that a prudent person acting in a like
 4557  manner would undertake. The performance of the investment duties
 4558  set forth in this paragraph shall comply with the fiduciary
 4559  standards set forth in the Employee Retirement Income Security
 4560  Act of 1974 at 29 U.S.C. s. 1104(a)(1)(A)-(C). In case of
 4561  conflict with other provisions of law authorizing investments,
 4562  the investment and fiduciary standards set forth in this
 4563  subsection shall prevail.
 4564         (b) If a participant member or beneficiary of the Public
 4565  Employee Optional Retirement Program investment plan exercises
 4566  control over the assets in his or her account, as determined by
 4567  reference to regulations of the United States Department of
 4568  Labor under s. 404(c) of the Employee Retirement Income Security
 4569  Act of 1974 and all applicable laws governing the operation of
 4570  the program, no a program fiduciary shall be is not liable for
 4571  any loss to a participant’s member’s or beneficiary’s account
 4572  which results from such participant’s the member’s or
 4573  beneficiary’s exercise of control.
 4574         (c) Subparagraph (8)(b)4.2. and paragraph (15)(b)
 4575  incorporate the federal law concept of participant control,
 4576  established by regulations of the United States Department of
 4577  Labor under s. 404(c) of the Employee Retirement Income Security
 4578  Act of 1974 (ERISA). The purpose of this paragraph is to assist
 4579  employers and the State Board of Administration in maintaining
 4580  compliance with s. 404(c), while avoiding unnecessary costs and
 4581  eroding participant member benefits under the Public Employee
 4582  Optional Retirement Program investment plan. Pursuant to 29
 4583  C.F.R. s. 2550.404c-1(b)(2)(i)(B)(1)(viii), the State Board of
 4584  Administration or its designated agents shall deliver to members
 4585  participants of the Public Employee Optional Retirement Program
 4586  investment plan a copy of the prospectus most recently provided
 4587  to the plan, and, pursuant to 29 C.F.R. s. 2550.404c
 4588  1(b)(2)(i)(B)(2)(ii), shall provide such participants members an
 4589  opportunity to obtain this information, except that:
 4590         1. The requirement to deliver a prospectus shall be deemed
 4591  to be satisfied by delivery of a fund profile or summary profile
 4592  that contains the information that would be included in a
 4593  summary prospectus as described by Rule 498 under the Securities
 4594  Act of 1933, 17 C.F.R. s. 230.498. When If the transaction fees,
 4595  expense information or other information provided by a mutual
 4596  fund in the prospectus does not reflect terms negotiated by the
 4597  State Board of Administration or its designated agents, the
 4598  aforementioned requirement is deemed to be satisfied by delivery
 4599  of a separate document described by Rule 498 substituting
 4600  accurate information; and
 4601         2. Delivery shall be deemed to have been effected if
 4602  delivery is through electronic means and the following standards
 4603  are satisfied:
 4604         a. Electronically-delivered documents are prepared and
 4605  provided consistent with style, format, and content requirements
 4606  applicable to printed documents;
 4607         b. Each participant member is provided timely and adequate
 4608  notice of the documents that are to be delivered, and their
 4609  significance thereof, and of the participant’s member’s right to
 4610  obtain a paper copy of such documents free of charge;
 4611         c.(I)Participants Members have adequate access to the
 4612  electronic documents, at locations such as their worksites or
 4613  public facilities, and have the ability to convert the documents
 4614  to paper free of charge by the State Board of Administration,
 4615  and the board or its designated agents take appropriate and
 4616  reasonable measures to ensure that the system for furnishing
 4617  electronic documents results in actual receipt, or.
 4618         (II)Participants Members have provided consent to receive
 4619  information in electronic format, which consent may be revoked;
 4620  and
 4621         d. The State Board of Administration, or its designated
 4622  agent, actually provides paper copies of the documents free of
 4623  charge, upon request.
 4624         (16) DISABILITY BENEFITS.—For any participant member of the
 4625  optional retirement program investment plan who becomes totally
 4626  and permanently disabled, benefits shall must be paid in
 4627  accordance with the provisions of s. 121.591.
 4628         (17) SOCIAL SECURITY COVERAGE.—Social security coverage
 4629  shall be provided for all officers and employees who become
 4630  participants members of the optional program investment plan.
 4631  Any modification of the present agreement with the Social
 4632  Security Administration, or referendum required under the Social
 4633  Security Act, for the purpose of providing social security
 4634  coverage for any member shall be requested by the state agency
 4635  in compliance with the applicable provisions of the Social
 4636  Security Act governing such coverage. However, retroactive
 4637  social security coverage for service prior to December 1, 1970,
 4638  with the employer shall may not be provided for any member who
 4639  was not covered under the agreement as of November 30, 1970.
 4640         (18) RETIREE HEALTH INSURANCE SUBSIDY.—All officers and
 4641  employees who are participants members of the investment plan
 4642  are optional program shall be eligible to receive the retiree
 4643  health insurance subsidy, subject to the provisions of s.
 4644  112.363.
 4645         (19) PARTICIPANT MEMBER RECORDS.—Personal identifying
 4646  information of a participant member in the Public Employee
 4647  Optional Retirement Program investment plan contained in Florida
 4648  Retirement System records held by the State Board of
 4649  Administration or the Department of Management Services is
 4650  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 4651  Constitution.
 4652         (20) DESIGNATION OF BENEFICIARIES.—
 4653         (a) Each participant member may, by electronic means or on
 4654  a form provided for that purpose, signed and filed with the
 4655  third-party administrator, designate a choice of one or more
 4656  persons, named sequentially or jointly, as his or her
 4657  beneficiary who shall receive for receiving the benefits, if
 4658  any, which may be payable pursuant to this chapter in the event
 4659  of the participant’s member’s death. If no beneficiary is named
 4660  in this manner, or if no beneficiary designated by the
 4661  participant member survives the participant member, the
 4662  beneficiary shall be the spouse of the deceased, if living. If
 4663  the participant’s member’s spouse is not alive at his or her the
 4664  time of the member’s death, the beneficiary shall be the living
 4665  children of the participant member. If no children survive, the
 4666  beneficiary shall be the participant’s member’s father or
 4667  mother, if living; otherwise, the beneficiary shall be the
 4668  participant’s member’s estate. The beneficiary most recently
 4669  designated by a participant on a form or letter filed with the
 4670  third-party administrator member shall be the beneficiary
 4671  entitled to any benefits payable at the time of the
 4672  participant’s member’s death. Notwithstanding any other
 4673  provision in this subsection to the contrary However, for a
 4674  participant member who dies prior to his or her effective date
 4675  of retirement, the spouse at the time of death shall be the
 4676  participant’s member’s beneficiary unless such participant the
 4677  member designates a different beneficiary as provided in this
 4678  subsection subsequent to the participant’s member’s most recent
 4679  marriage.
 4680         (b) If a participant member designates a primary
 4681  beneficiary other than the participant’s member’s spouse, the
 4682  participant’s member’s spouse must sign the beneficiary
 4683  designation form to acknowledge the designation. This
 4684  requirement does not apply to the designation of one or more
 4685  contingent beneficiaries to receive benefits remaining upon the
 4686  death of the primary beneficiary or beneficiaries.
 4687         (c) Notwithstanding the participant’s member’s designation
 4688  of benefits to be paid through a trust to a beneficiary that is
 4689  a natural person, and notwithstanding the provisions of the
 4690  trust, benefits shall must be paid directly to the beneficiary
 4691  if the person is no longer a minor or an incapacitated person as
 4692  defined in s. 744.102.
 4693         (21) PARTICIPATION BY TERMINATED DEFERRED RETIREMENT OPTION
 4694  PROGRAM PARTICIPANTS MEMBERS.—Notwithstanding any other
 4695  provision of law to the contrary, participants members in the
 4696  Deferred Retirement Option Program offered under part I may,
 4697  after conclusion of their participation in the program, elect to
 4698  roll over or authorize a direct trustee-to-trustee transfer to
 4699  an account under the Public Employee Optional Retirement Program
 4700  investment plan of their Deferred Retirement Option Program
 4701  proceeds distributed as provided under s. 121.091(13)(c)5. The
 4702  transaction must constitute an “eligible rollover distribution”
 4703  within the meaning of s. 402(c)(4) of the Internal Revenue Code.
 4704         (a) The Public Employee Optional Retirement Program
 4705  investment plan may accept such amounts for deposit into
 4706  participant member accounts as provided in paragraph (5)(c)(e).
 4707         (b) The affected participant member shall direct the
 4708  investment of his or her investment account; however, unless he
 4709  or she becomes a renewed member of the Florida Retirement System
 4710  under s. 121.122 and elects to participate in the Public
 4711  Employee Optional Retirement Program investment plan, employer
 4712  no contributions may not be made to the participant’s member’s
 4713  account as provided under paragraph (5)(a).
 4714         (c) The state board or the department is not responsible
 4715  for locating those persons who may be eligible to participate in
 4716  the Public Employee Optional Retirement Program investment plan
 4717  under this subsection.
 4718         (22) CREDIT FOR MILITARY SERVICE.—Creditable service of any
 4719  member of the Public Employee Optional Retirement Program shall
 4720  include investment plan includes military service in the Armed
 4721  Forces of the United States as provided in the conditions
 4722  outlined in s. 121.111(1).
 4723         Section 27. Section 121.4502, Florida Statutes, is amended
 4724  to read:
 4725         121.4502 Public Employee Optional Retirement Program
 4726  Florida Retirement System Investment Plan Trust Fund.—
 4727         (1) The Public Employee Optional Retirement Program Florida
 4728  Retirement System Investment Plan Trust Fund is created to hold
 4729  the assets of the Public Employee Optional Retirement Program
 4730  Florida Retirement System Investment Plan in trust for the
 4731  exclusive benefit of such program’s participants the plan’s
 4732  members and beneficiaries, and for the payment of reasonable
 4733  administrative expenses of the program plan, in accordance with
 4734  s. 401 of the Internal Revenue Code, and shall be administered
 4735  by the State Board of Administration as trustee. Funds shall be
 4736  credited to the trust fund as provided in this part, to be used
 4737  for the purposes of this part. The trust fund is exempt from the
 4738  service charges imposed by s. 215.20.
 4739         (2) The Public Employee Optional Retirement Program Florida
 4740  Retirement System Investment Plan Trust Fund is a retirement
 4741  trust fund of the Florida Retirement System that accounts for
 4742  retirement plan assets held by the state in a trustee capacity
 4743  as a fiduciary for individual participants in the Public
 4744  Employee Optional Retirement Program Florida Retirement System
 4745  Investment Plan and, pursuant to s. 19(f), Art. III of the State
 4746  Constitution, is not subject to termination.
 4747         (3) A forfeiture account shall be created within the Public
 4748  Employee Optional Retirement Program Florida Retirement System
 4749  Investment Plan Trust Fund to hold the assets derived from the
 4750  forfeiture of benefits by participants. Pursuant to a private
 4751  letter ruling from the Internal Revenue Service, the forfeiture
 4752  account may be used only for paying expenses of the Public
 4753  Employee Optional Retirement Program Florida Retirement System
 4754  Investment Plan and reducing future employer contributions to
 4755  the program. Consistent with Rulings 80-155 and 74-340 of the
 4756  Internal Revenue Service, unallocated reserves within the
 4757  forfeiture account must be used as quickly and as prudently as
 4758  possible considering the state board’s fiduciary duty. Expected
 4759  withdrawals from the account must endeavor to reduce the account
 4760  to zero each fiscal year.
 4761         Section 28. Subsections (1) and (3) of section 121.4503,
 4762  Florida Statutes, are amended to read:
 4763         121.4503 Florida Retirement System Contributions Clearing
 4764  Trust Fund.—
 4765         (1) The Florida Retirement System Contributions Clearing
 4766  Trust Fund is created as a clearing fund for disbursing employer
 4767  and employee contributions to the component plans of the Florida
 4768  Retirement System and shall be administered by the Department of
 4769  Management Services. Funds shall be credited to the trust fund
 4770  as provided in this chapter and shall be held in trust for the
 4771  contributing employees and employers until such time as the
 4772  assets are transferred by the department to the Florida
 4773  Retirement System Trust Fund, the Public Employee Optional
 4774  Retirement Program Florida Retirement System Investment Plan
 4775  Trust Fund, or other trust funds as authorized by law, to be
 4776  used for the purposes of this chapter. The trust fund is exempt
 4777  from the service charges imposed by s. 215.20.
 4778         (3) The Department of Management Services may adopt rules
 4779  governing the receipt and disbursement of amounts received by
 4780  the Florida Retirement System Contributions Clearing Trust Fund
 4781  from employers and employees contributing to the component plans
 4782  of the Florida Retirement System.
 4783         Section 29. Section 121.571, Florida Statutes, is amended
 4784  to read:
 4785         121.571 Contributions.—Contributions to the Public Employee
 4786  Optional Retirement Program Florida Retirement System Investment
 4787  Plan shall be made as follows:
 4788         (1) NONCONTRIBUTORY CONTRIBUTORY PLAN.—Each employer and
 4789  employee shall accomplish the submit contributions as required
 4790  by s. 121.71 by a procedure in which no employee’s gross salary
 4791  shall be reduced.
 4792         (2) CONTRIBUTION RATES GENERALLY.—Contributions to fund the
 4793  retirement and disability benefits provided under this part
 4794  shall must be based on the uniform contribution rates
 4795  established by s. 121.71 and on the membership class or subclass
 4796  of the participant member. Such contributions shall must be
 4797  allocated as provided in ss. 121.72 and 121.73.
 4798         (3) CONTRIBUTIONS FOR SOCIAL SECURITY COVERAGE AND FOR
 4799  RETIREE HEALTH INSURANCE SUBSIDY.—Contributions required under
 4800  this section shall be s. 121.71 are in addition to employer and
 4801  member contributions required for social security and the
 4802  Retiree Health Insurance Subsidy Trust Fund as provided in
 4803  required under ss. 112.363, 121.052, 121.055, and 121.071, as
 4804  appropriate.
 4805         Section 30. Section 121.591, Florida Statutes, is amended
 4806  to read:
 4807         121.591 Payment of Benefits payable under the Public
 4808  Employee Optional Retirement Program of the Florida Retirement
 4809  System.—Benefits may not be paid under this section the Florida
 4810  Retirement System Investment Plan unless the member has
 4811  terminated employment as provided in s. 121.021(39)(a) or is
 4812  deceased and a proper application has been filed in the manner
 4813  as prescribed by the state board or the department. Before
 4814  termination of employment, benefits, including employee
 4815  contributions, are not payable under the investment plan for
 4816  employee hardships, unforeseeable emergencies, loans, medical
 4817  expenses, educational expenses, purchase of a principal
 4818  residence, payments necessary to prevent eviction or foreclosure
 4819  on an employee’s principal residence, or any other reason prior
 4820  to termination from all employment relationships with
 4821  participating employers. The state board or department, as
 4822  appropriate, may cancel an application for retirement benefits
 4823  when if the member or beneficiary fails to timely provide the
 4824  information and documents required by this chapter and the rules
 4825  of the state board and department. In accordance with their
 4826  respective responsibilities as provided herein, the State Board
 4827  of Administration and the Department of Management Services
 4828  shall adopt rules establishing procedures for application for
 4829  retirement benefits and for the cancellation of such application
 4830  when if the required information or documents are not received.
 4831  The State Board of Administration and the Department of
 4832  Management Services, as appropriate, are authorized to cash out
 4833  a de minimis account of a participant member who has been
 4834  terminated from Florida Retirement System covered employment for
 4835  a minimum of 6 calendar months. A de minimis account is an
 4836  account containing employer and employee contributions and
 4837  accumulated earnings of not more than $5,000 made under the
 4838  provisions of this chapter. Such cash-out must either be a
 4839  complete lump-sum liquidation of the account balance, subject to
 4840  the provisions of the Internal Revenue Code, or a lump-sum
 4841  direct rollover distribution paid directly to the custodian of
 4842  an eligible retirement plan, as defined by the Internal Revenue
 4843  Code, on behalf of the participant member. Any nonvested
 4844  accumulations and associated service credit, including amounts
 4845  transferred to the suspense account of the Florida Retirement
 4846  System Investment Plan Trust Fund authorized under s.
 4847  121.4501(6), shall be forfeited upon payment of any vested
 4848  benefit to a member or beneficiary, except for de minimis
 4849  distributions or minimum required distributions as provided
 4850  under this section. If any financial instrument issued for the
 4851  payment of retirement benefits under this section is not
 4852  presented for payment within 180 days after the last day of the
 4853  month in which it was originally issued, the third-party
 4854  administrator or other duly authorized agent of the State Board
 4855  of Administration shall cancel the instrument and credit the
 4856  amount of the instrument to the suspense account of the Public
 4857  Employee Optional Retirement Program Florida Retirement System
 4858  Investment Plan Trust Fund authorized under s. 121.4501(6). Any
 4859  such amounts transferred to the suspense account are payable
 4860  upon a proper application, not to include earnings thereon, as
 4861  provided in this section, within 10 years after the last day of
 4862  the month in which the instrument was originally issued, after
 4863  which time such amounts and any earnings thereon attributable to
 4864  employer contributions shall be forfeited. Any such forfeited
 4865  amounts are assets of the Public Employee Optional Retirement
 4866  Program Trust Fund and are not subject to the provisions of
 4867  chapter 717.
 4868         (1) NORMAL BENEFITS.—Under the Public Employee Optional
 4869  Retirement Program investment plan:
 4870         (a) Benefits in the form of vested accumulations as
 4871  described in s. 121.4501(6) are payable under this subsection in
 4872  accordance with the following terms and conditions:
 4873         1. To the extent vested, benefits are payable only to a
 4874  participant member, an alternate payee of a qualified domestic
 4875  relations order, or a beneficiary.
 4876         2. Benefits shall be paid by the third-party administrator
 4877  or designated approved providers in accordance with the law, the
 4878  contracts, and any applicable board rule or policy.
 4879         3. To receive benefits, the participant member must be
 4880  terminated from all employment with all Florida Retirement
 4881  System employers, as provided in s. 121.021(39).
 4882         4. Benefit payments may not be made until the participant
 4883  member has been terminated for 3 calendar months, except that
 4884  the state board may authorize by rule for the distribution of up
 4885  to 10 percent of the participant’s member’s account after being
 4886  terminated for 1 calendar month if the participant member has
 4887  reached the normal retirement date as defined in s. 121.021 of
 4888  the defined benefit plan.
 4889         5. If a member or former member of the Florida Retirement
 4890  System receives an invalid distribution from the Public Employee
 4891  Optional Retirement Program Trust Fund, such person must either
 4892  repay the full invalid distribution to the trust fund amount
 4893  within 90 days after receipt of final notification by the state
 4894  board or the third-party administrator that the distribution was
 4895  invalid, or, in lieu of repayment, the member must terminate
 4896  employment from all participating employers. If such person
 4897  fails to repay the full invalid distribution within 90 days
 4898  after receipt of final notification, the person may be deemed
 4899  retired from the optional retirement program investment plan by
 4900  the state board, as provided pursuant to s. 121.4501(2)(k), and
 4901  is subject to s. 121.122. If such person is deemed retired by
 4902  the state board, any joint and several liability set out in s.
 4903  121.091(9)(d)2. becomes null and is void, and the state board,
 4904  the department, or the employing agency is not liable for gains
 4905  on payroll contributions that have not been deposited to the
 4906  person’s account in the retirement program investment plan,
 4907  pending resolution of the invalid distribution. The member or
 4908  former member who has been deemed retired or who has been
 4909  determined by the state board to have taken an invalid
 4910  distribution may appeal the agency decision through the
 4911  complaint process as provided under s. 121.4501(9)(g)3. As used
 4912  in this subparagraph, the term “invalid distribution” means any
 4913  distribution from an account in the optional retirement program
 4914  investment plan which is taken in violation of this section, s.
 4915  121.091(9), or s. 121.4501.
 4916         (b) If a participant member elects to receive his or her
 4917  benefits upon termination of employment as defined in s.
 4918  121.021, the participant member must submit a written
 4919  application or an application by electronic means to the third
 4920  party administrator indicating his or her preferred distribution
 4921  date and selecting an authorized method of distribution as
 4922  provided in paragraph (c). The participant member may defer
 4923  receipt of benefits until he or she chooses to make such
 4924  application, subject to federal requirements.
 4925         (c) Upon receipt by the third-party administrator of a
 4926  properly executed application for distribution of benefits, the
 4927  total accumulated benefit shall be is payable to the participant
 4928  member pro rata across all Florida Retirement System benefit
 4929  sources as:
 4930         1. A lump-sum or partial distribution to the participant
 4931  member;
 4932         2. A lump-sum direct rollover distribution whereby all
 4933  accrued benefits, plus interest and investment earnings, are
 4934  paid from the participant’s member’s account directly to the
 4935  custodian of an eligible retirement plan, as defined in s.
 4936  402(c)(8)(B) of the Internal Revenue Code, on behalf of the
 4937  participant member; or
 4938         3. Periodic distributions, as authorized by the state
 4939  board.
 4940         (d) The distribution payment method selected by the member
 4941  or beneficiary, and the retirement of the member or beneficiary,
 4942  is final and irrevocable at the time a benefit distribution
 4943  payment is cashed, deposited, or transferred to another
 4944  financial institution. Any additional service that remains
 4945  unclaimed at retirement may not be claimed or purchased, and the
 4946  type of retirement may not be changed, except that if a member
 4947  recovers from a disability, the member may subsequently request
 4948  benefits under subsection (2).
 4949         (e) A member may not receive a distribution of employee
 4950  contributions if a pending qualified domestic relations order is
 4951  filed against the member’s investment plan account.
 4952         (2) DISABILITY RETIREMENT BENEFITS.—Benefits provided under
 4953  this subsection are payable in lieu of the benefits which that
 4954  would otherwise be payable under the provisions of subsection
 4955  (1). Such benefits shall must be funded entirely from employer
 4956  contributions made under s. 121.571, transferred participant
 4957  employee contributions and funds accumulated pursuant to
 4958  paragraph (a), and interest and earnings thereon. Pursuant
 4959  thereto:
 4960         (a) Transfer of funds.—To qualify to receive monthly
 4961  disability benefits under this subsection:
 4962         1. All moneys accumulated in the participant’s Public
 4963  Employee Optional Retirement Program accounts member’s account,
 4964  including vested and nonvested accumulations as described in s.
 4965  121.4501(6), shall must be transferred from such individual
 4966  accounts to the Division of Retirement for deposit in the
 4967  disability account of the Florida Retirement System Trust Fund.
 4968  Such moneys shall must be separately accounted for separately.
 4969  Earnings shall must be credited on an annual basis for amounts
 4970  held in the disability accounts of the Florida Retirement System
 4971  Trust Fund based on actual earnings of the Florida Retirement
 4972  System Trust Fund.
 4973         2. If the participant member has retained retirement credit
 4974  he or she had earned under the defined benefit program of the
 4975  Florida Retirement System pension plan as provided in s.
 4976  121.4501(3)(b), a sum representing the actuarial present value
 4977  of such credit within the Florida Retirement System Trust Fund
 4978  shall be reassigned by the Division of Retirement from the
 4979  defined benefit program pension plan to the disability program
 4980  as implemented under this subsection and shall be deposited in
 4981  the disability account of the Florida Retirement System trust
 4982  fund. Such moneys shall must be separately accounted for
 4983  separately.
 4984         (b) Disability retirement; entitlement.—
 4985         1. A participant member of the Public Employee Optional
 4986  Retirement Program investment plan who becomes totally and
 4987  permanently disabled, as defined in s. 121.091(4)(b) paragraph
 4988  (d), after completing 8 years of creditable service, or a
 4989  participant member who becomes totally and permanently disabled
 4990  in the line of duty regardless of his or her length of service,
 4991  shall be is entitled to a monthly disability benefit as provided
 4992  herein.
 4993         2. In order for service to apply toward the 8 years of
 4994  creditable service required to vest for regular disability
 4995  benefits, or toward the creditable service used in calculating a
 4996  service-based benefit as provided for under paragraph (g), the
 4997  service must be creditable service as described below:
 4998         a. The participant’s member’s period of service under the
 4999  Public Employee Optional Retirement Program will investment plan
 5000  shall be considered creditable service, except as provided in
 5001  subparagraph d.
 5002         b. If the participant member has elected to retain credit
 5003  for his or her service under the defined benefit program of the
 5004  Florida Retirement System pension plan as provided under s.
 5005  121.4501(3)(b), all such service will shall be considered
 5006  creditable service.
 5007         c. If the participant has elected member elects to transfer
 5008  to his or her participant member accounts a sum representing the
 5009  present value of his or her retirement credit under the defined
 5010  benefit program pension plan as provided under s.
 5011  121.4501(3)(c), the period of service under the defined benefit
 5012  program pension plan represented in the present value amounts
 5013  transferred will shall be considered creditable service for
 5014  purposes of vesting for disability benefits, except as provided
 5015  in subparagraph d.
 5016         d. Whenever a participant If a member has terminated
 5017  employment and has taken distribution of his or her funds as
 5018  provided in subsection (1), all creditable service represented
 5019  by such distributed funds is forfeited for purposes of this
 5020  subsection.
 5021         (c) Disability retirement effective date.—The effective
 5022  retirement date for a participant member who applies and is
 5023  approved for disability retirement shall be established as
 5024  provided under s. 121.091(4)(a)2. and 3.
 5025         (d) Total and permanent disability.—A participant member
 5026  shall be considered totally and permanently disabled if, in the
 5027  opinion of the division, he or she is prevented, by reason of a
 5028  medically determinable physical or mental impairment, from
 5029  rendering useful and efficient service as an officer or
 5030  employee.
 5031         (e) Proof of disability.The division, before approving
 5032  payment of any disability retirement benefit, the division shall
 5033  require proof that the participant member is totally and
 5034  permanently disabled in the same manner as provided for members
 5035  of the defined benefit program of the Florida Retirement System
 5036  under s. 121.091(4)(c).
 5037         (f) Disability retirement benefit.—Upon the disability
 5038  retirement of a participant member under this subsection, the
 5039  participant member shall receive a monthly benefit that shall
 5040  begin to accrue begins accruing on the first day of the month of
 5041  disability retirement, as approved by the division, and shall be
 5042  is payable on the last day of that month and each month
 5043  thereafter during his or her lifetime and continued disability.
 5044  All disability benefits payable to such member shall must be
 5045  paid out of the disability account of the Florida Retirement
 5046  System Trust Fund established under this subsection.
 5047         (g) Computation of disability retirement benefit.—The
 5048  amount of each monthly payment shall must be calculated in the
 5049  same manner as provided for members of the defined benefit
 5050  program of the Florida Retirement System under s. 121.091(4)(f).
 5051  For such purpose, Creditable service under both the defined
 5052  benefit program pension plan and the Public Employee Optional
 5053  Retirement Program of the Florida Retirement System investment
 5054  plan shall be applicable as provided under paragraph (b).
 5055         (h) Reapplication.—A participant member whose initial
 5056  application for disability retirement has been is denied may
 5057  reapply for disability benefits in the same manner, and under
 5058  the same conditions, as provided for members of the defined
 5059  benefit program of the Florida Retirement System under in s.
 5060  121.091(4)(g).
 5061         (i) Membership.—Upon approval of an a member’s application
 5062  for disability benefits under this subsection, the applicant
 5063  member shall be transferred to the defined benefit program of
 5064  the Florida Retirement System pension plan, effective upon his
 5065  or her disability retirement effective date.
 5066         (j) Option to cancel.Any participant A member whose
 5067  application for disability benefits is approved may cancel the
 5068  his or her application for disability benefits, provided that if
 5069  the cancellation request is received by the division before a
 5070  disability retirement warrant has been deposited, cashed, or
 5071  received by direct deposit. Upon such cancellation:
 5072         1. The participant’s member’s transfer to the defined
 5073  benefit program pension plan under paragraph (i) shall be
 5074  nullified;
 5075         2. The participant member shall be retroactively reinstated
 5076  in the Public Employee Optional Retirement Program investment
 5077  plan without hiatus;
 5078         3. All funds transferred to the Florida Retirement System
 5079  Trust Fund under paragraph (a) shall must be returned to the
 5080  participant member accounts from which such the funds were
 5081  drawn; and
 5082         4. The participant member may elect to receive the benefit
 5083  payable under the provisions of subsection (1) in lieu of
 5084  disability benefits as provided under this subsection.
 5085         (k) Recovery from disability.—
 5086         1. The division may require periodic reexaminations at the
 5087  expense of the disability program account of the Florida
 5088  Retirement System Trust Fund. Except as otherwise provided in
 5089  subparagraph 2., the requirements, procedures, and restrictions
 5090  relating to the conduct and review of such reexaminations,
 5091  discontinuation or termination of benefits, reentry into
 5092  employment, disability retirement after reentry into covered
 5093  employment, and all other matters relating to recovery from
 5094  disability shall be the same as are set forth provided under s.
 5095  121.091(4)(h).
 5096         2. Upon recovery from disability, any the recipient of
 5097  disability retirement benefits under this subsection shall be a
 5098  compulsory member of the Public Employee Optional Retirement
 5099  Program of the Florida Retirement System investment plan. The
 5100  net difference between the recipient’s original account balance
 5101  transferred to the Florida Retirement System Trust Fund,
 5102  including earnings, under paragraph (a) and total disability
 5103  benefits paid to such recipient, if any, shall be determined as
 5104  provided in sub-subparagraph a.
 5105         a. An amount equal to the total benefits paid shall be
 5106  subtracted from that portion of the transferred account balance
 5107  consisting of vested accumulations as described under s.
 5108  121.4501(6), if any, and an amount equal to the remainder of
 5109  benefit amounts paid, if any, shall then be subtracted from any
 5110  remaining portion consisting of nonvested accumulations as
 5111  described under s. 121.4501(6).
 5112         b. Amounts subtracted under sub-subparagraph a. shall must
 5113  be retained within the disability account of the Florida
 5114  Retirement System Trust Fund. Any remaining account balance
 5115  shall be transferred to the third-party administrator for
 5116  disposition as provided under sub-subparagraph c. or sub
 5117  subparagraph d., as appropriate.
 5118         c. If the recipient returns to covered employment,
 5119  transferred amounts shall must be deposited in individual
 5120  accounts under the Public Employee Optional Retirement Program
 5121  investment plan, as directed by the participant member. Vested
 5122  and nonvested amounts shall be separately accounted for
 5123  separately as provided in s. 121.4501(6).
 5124         d. If the recipient fails to return to covered employment
 5125  upon recovery from disability:
 5126         (I) Any remaining vested amount shall must be deposited in
 5127  individual accounts under the Public Employee Optional
 5128  Retirement Program investment plan, as directed by the
 5129  participant member, and shall be is payable as provided in
 5130  subsection (1).
 5131         (II) Any remaining nonvested amount shall must be held in a
 5132  suspense account and shall be is forfeitable after 5 years as
 5133  provided in s. 121.4501(6).
 5134         3. If present value was reassigned from the defined benefit
 5135  program pension plan to the disability program of the Florida
 5136  Retirement System as provided under subparagraph (a)2., the full
 5137  present value amount shall must be returned to the defined
 5138  benefit account within the Florida Retirement System Trust Fund
 5139  and the affected individual’s member’s associated retirement
 5140  credit under the defined benefit program shall pension plan must
 5141  be reinstated in full. Any benefit based upon such credit shall
 5142  must be calculated as provided in s. 121.091(4)(h)1.
 5143         (l) Nonadmissible causes of disability.—A participant shall
 5144  member is not be entitled to receive a disability retirement
 5145  benefit if the disability results from any injury or disease
 5146  sustained or inflicted as described in s. 121.091(4)(i).
 5147         (m) Disability retirement of justice or judge by order of
 5148  Supreme Court.—
 5149         1. If a participant member is a justice of the Supreme
 5150  Court, judge of a district court of appeal, circuit judge, or
 5151  judge of a county court who has served for 6 years or more the
 5152  years equal to, or greater than, the vesting requirement in s.
 5153  121.021(45) as an elected constitutional judicial officer,
 5154  including service as a judicial officer in any court abolished
 5155  pursuant to Art. V of the State Constitution, and who is retired
 5156  for disability by order of the Supreme Court upon recommendation
 5157  of the Judicial Qualifications Commission pursuant to the
 5158  provisions of s. 12, Art. V of the State Constitution, the
 5159  participant’s member’s Option 1 monthly disability benefit
 5160  amount as provided in s. 121.091(6)(a)1. shall be two-thirds of
 5161  his or her monthly compensation as of the participant’s member’s
 5162  disability retirement date. Such a participant The member may
 5163  alternatively elect to receive an actuarially adjusted
 5164  disability retirement benefit under any other option as provided
 5165  in s. 121.091(6)(a) or to receive the normal benefit payable
 5166  under the Public Employee Optional Retirement Program as set
 5167  forth in subsection (1).
 5168         2. If any justice or judge who is a participant member of
 5169  the Public Employee Optional Retirement Program of the Florida
 5170  Retirement System investment plan is retired for disability by
 5171  order of the Supreme Court upon recommendation of the Judicial
 5172  Qualifications Commission pursuant to the provisions of s. 12,
 5173  Art. V of the State Constitution and elects to receive a monthly
 5174  disability benefit under the provisions of this paragraph:
 5175         a. Any present value amount that was transferred to his or
 5176  her program investment plan account and all employer and
 5177  employee contributions made to such account on his or her
 5178  behalf, plus interest and earnings thereon, shall must be
 5179  transferred to and deposited in the disability account of the
 5180  Florida Retirement System Trust Fund; and
 5181         b. The monthly disability benefits payable under this
 5182  paragraph for any affected justice or judge retired from the
 5183  Florida Retirement System pursuant to Art. V of the State
 5184  Constitution shall be paid from the disability account of the
 5185  Florida Retirement System Trust Fund.
 5186         (n) Death of retiree or beneficiary.—Upon the death of a
 5187  disabled retiree or beneficiary thereof of the retiree who is
 5188  receiving monthly disability benefits under this subsection, the
 5189  monthly benefits shall be paid through the last day of the month
 5190  of death and shall terminate, or be adjusted, if applicable, as
 5191  of that date in accordance with the optional form of benefit
 5192  selected at the time of retirement. The Department of Management
 5193  Services may adopt rules necessary to administer this paragraph.
 5194         (3) DEATH BENEFITS.—Under the Public Employee Optional
 5195  Retirement Program Florida Retirement System Investment Plan:
 5196         (a) Survivor benefits shall be are payable in accordance
 5197  with the following terms and conditions:
 5198         1. To the extent vested, benefits shall be are payable only
 5199  to a participant’s member’s beneficiary or beneficiaries as
 5200  designated by the participant member as provided in s.
 5201  121.4501(20).
 5202         2. Benefits shall be paid by the third-party administrator
 5203  or designated approved providers in accordance with the law, the
 5204  contracts, and any applicable state board rule or policy.
 5205         3. To receive benefits under this subsection, the
 5206  participant member must be deceased.
 5207         (b) In the event of a participant’s member’s death, all
 5208  vested accumulations as described in s. 121.4501(6), less
 5209  withholding taxes remitted to the Internal Revenue Service,
 5210  shall be distributed, as provided in paragraph (c) or as
 5211  described in s. 121.4501(20), as if the participant member
 5212  retired on the date of death. No other death benefits are shall
 5213  be available for survivors of participants under the Public
 5214  Employee Optional Retirement Program members, except for such
 5215  benefits, or coverage for such benefits, as are otherwise
 5216  provided by law or are separately afforded provided by the
 5217  employer, at the employer’s discretion.
 5218         (c) Upon receipt by the third-party administrator of a
 5219  properly executed application for distribution of benefits, the
 5220  total accumulated benefit shall be is payable by the third-party
 5221  administrator to the participant’s member’s surviving
 5222  beneficiary or beneficiaries, as:
 5223         1. A lump-sum distribution payable to the beneficiary or
 5224  beneficiaries, or to the deceased participant’s member’s estate;
 5225         2. An eligible rollover distribution, if permitted, on
 5226  behalf of the surviving spouse of a deceased participant member,
 5227  whereby all accrued benefits, plus interest and investment
 5228  earnings, are paid from the deceased participant’s member’s
 5229  account directly to the custodian of an eligible retirement
 5230  plan, as described in s. 402(c)(8)(B) of the Internal Revenue
 5231  Code, on behalf of the surviving spouse; or
 5232         3. A partial lump-sum payment whereby a portion of the
 5233  accrued benefit is paid to the deceased participant’s member’s
 5234  surviving spouse or other designated beneficiaries, less
 5235  withholding taxes remitted to the Internal Revenue Service, and
 5236  the remaining amount is transferred directly to the custodian of
 5237  an eligible retirement plan, if permitted, as described in s.
 5238  402(c)(8)(B) of the Internal Revenue Code, on behalf of the
 5239  surviving spouse. The proportions must be specified by the
 5240  participant member or the surviving beneficiary.
 5241  
 5242  This paragraph does not abrogate other applicable provisions of
 5243  state or federal law providing for payment of death benefits.
 5244         (4) LIMITATION ON LEGAL PROCESS.—The benefits payable to
 5245  any person under the Public Employee Optional Retirement Program
 5246  Florida Retirement System Investment Plan, and any contributions
 5247  accumulated under such program the plan, are not subject to
 5248  assignment, execution, attachment, or any legal process, except
 5249  for qualified domestic relations orders by a court of competent
 5250  jurisdiction, income deduction orders as provided in s. 61.1301,
 5251  and federal income tax levies.
 5252         Section 31. Section 121.5911, Florida Statutes, is amended
 5253  to read:
 5254         121.5911 Disability retirement program; qualified status;
 5255  rulemaking authority.—It is the intent of the Legislature that
 5256  the disability retirement program for participants members of
 5257  the Public Employee Optional Retirement Program as created in
 5258  this act must Florida Retirement System Investment Plan meet all
 5259  applicable requirements of federal law for a qualified plan. The
 5260  Department of Management Services shall seek a private letter
 5261  ruling from the Internal Revenue Service on the disability
 5262  retirement program for participants of the Public Employee
 5263  Optional Retirement Program. Consistent with the private letter
 5264  ruling, the Department of Management Services shall adopt any
 5265  necessary rules required necessary to maintain the qualified
 5266  status of the disability retirement program and the Florida
 5267  Retirement System Defined Benefit Pension Plan.
 5268         Section 32. Section 121.70, Florida Statutes, is amended to
 5269  read:
 5270         121.70 Legislative purpose and intent.—
 5271         (1) This part provides for a uniform system for funding
 5272  benefits provided under the Florida Retirement System Defined
 5273  Benefit Program Pension Plan established under part I of this
 5274  chapter (referred to in this part as the defined benefit program
 5275  pension plan) and under the Public Employee Optional Retirement
 5276  Program Florida Retirement System Investment Plan established
 5277  under part II of this chapter (referred to in this part as the
 5278  optional retirement program investment plan). The Legislature
 5279  recognizes and declares that the Florida Retirement System is a
 5280  single retirement system, consisting of two retirement plans and
 5281  other nonintegrated programs. Employees and Employers
 5282  participating in the Florida Retirement System collectively
 5283  shall be responsible for making contributions to support the
 5284  benefits afforded provided under both plans. As provided in this
 5285  part, The employees and employers participating in the Florida
 5286  Retirement System shall make contributions based upon uniform
 5287  contribution rates determined as a percentage of the total
 5288  payroll employee’s gross monthly compensation for each the
 5289  employee’s class or subclass of Florida Retirement System
 5290  membership, irrespective of which the retirement plan in which
 5291  the individual employees may elect employee is enrolled. This
 5292  shall be known as a uniform or blended contribution rate system.
 5293         (2) In establishing a uniform contribution rate system, it
 5294  is the intent of the Legislature to:
 5295         (a) Provide greater stability and certainty in financial
 5296  planning and budgeting for Florida Retirement System employers
 5297  by eliminating the fiscal instability that would be caused by
 5298  dual rates coupled with employee-selected plan participation;
 5299         (b) Provide greater fiscal equity and uniformity for system
 5300  employers by effectively distributing the financial burden and
 5301  benefit of short-term system deficits and surpluses,
 5302  respectively, in proportion to total system payroll; and
 5303         (c) Allow employees to make their retirement plan selection
 5304  decisions free of circumstances that may cause employers to
 5305  favor one plan choice over another.
 5306         Section 33. Section 121.71, Florida Statutes, is amended to
 5307  read:
 5308         121.71 Uniform rates; process; calculations; levy.—
 5309         (1) In conducting the system actuarial study required under
 5310  s. 121.031, the actuary shall follow all requirements specified
 5311  thereunder to determine, by Florida Retirement System employee
 5312  membership class, the dollar contribution amounts necessary for
 5313  the forthcoming next fiscal year for the defined benefit program
 5314  pension plan. In addition, the actuary shall determine, by
 5315  Florida Retirement System membership class, based on an estimate
 5316  for the forthcoming next fiscal year of the gross compensation
 5317  of employees participating in the optional retirement program
 5318  investment plan, the dollar contribution amounts necessary to
 5319  make the allocations required under ss. 121.72 and 121.73. For
 5320  each employee membership class and subclass, the actuarial study
 5321  shall must establish a uniform rate necessary to fund the
 5322  benefit obligations under both Florida Retirement System
 5323  retirement plans by dividing the sum of total dollars required
 5324  by the estimated gross compensation of members in both plans.
 5325         (2) Based on the uniform rates set forth in subsection
 5326  subsections (3), (4), and (5), employees and employers shall
 5327  make monthly contributions to the Division of Retirement as
 5328  required in s. 121.061(1), which shall initially deposit the
 5329  funds into the Florida Retirement System Contributions Clearing
 5330  Trust Fund. A change in a contribution rate is effective the
 5331  first day of the month for which a full month’s employer and
 5332  employee contribution may be made on or after the beginning date
 5333  of the change. Beginning July 1, 2011, each employee shall
 5334  contribute the contributions required in subsection (3). The
 5335  employer shall deduct the contribution from the employee’s
 5336  monthly salary, and the contribution shall be submitted to the
 5337  division. These contributions shall be reported as employer-paid
 5338  employee contributions, and credited to the account of the
 5339  employee. The contributions shall be deducted from the
 5340  employee’s salary before the computation of applicable federal
 5341  taxes and treated as employer contributions under 26 U.S.C. s.
 5342  414(h)(2). The employer specifies that the contributions,
 5343  although designated as employee contributions, are being paid by
 5344  the employer in lieu of contributions by the employee. The
 5345  employee does not have the option of choosing to receive the
 5346  contributed amounts directly instead of having them paid by the
 5347  employer to the plan. Such contributions are mandatory, and each
 5348  employee is considered to have consented to payroll deductions.
 5349  Payment of an employee’s salary or wages, less the contribution,
 5350  is a full and complete discharge and satisfaction of all claims
 5351  and demands for the service rendered by employees during the
 5352  period covered by the payment, except their claims to the
 5353  benefits to which they may be entitled under this chapter.
 5354         (3) Required employee retirement contribution rates for
 5355  each membership class and subclass of the Florida Retirement
 5356  System for both retirement plans are as follows:
 5357  
 5358  Membership Class                               Percentage ofGrossCompensation,EffectiveJuly 1, 2011
 5359                                                 
 5360  Regular Class                                       3.00%      
 5361  Special Risk Class                                  3.00%      
 5362  Special RiskAdministrativeSupport Class           3.00%      
 5363  Elected Officers’ Class—Legislators, Governor,Lt. Governor,Cabinet Officers,State Attorneys,Public Defenders     3.00%      
 5364  Elected Officers’ Class—Justices, Judges           3.00%      
 5365  Elected Officers’ Class—County Elected Officers     3.00%      
 5366  Senior Management Service Class                     3.00%      
 5367  DROP                                                0.00%      
 5368         (3)(4) Required employer retirement contribution rates for
 5369  each membership class and subclass of the Florida Retirement
 5370  System for both retirement plans are as follows:
 5371  
 5372  Membership Class                Percentage ofGrossCompensation,EffectiveJuly 1, 2012 2011 Percentage ofGrossCompensation,EffectiveJuly 1, 2013 2012 
 5373                                  
 5374  Regular Class                     8.69% 3.28%     9.63% 3.28%  
 5375  Special Risk Class               19.76% 10.21%   22.11% 10.21% 
 5376  Special Risk Administrative Support Class  11.39% 4.07%   12.10% 4.07%  
 5377  Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders 13.32% 7.02%    15.20% 7.02%  
 5378  Elected Officers’ Class— Justices, Judges 18.40% 9.78%    20.65% 9.78%  
 5379  Elected Officers’ Class— County Elected Officers  15.37% 9.27%   17.50% 9.27%  
 5380  Senior Management Class           11.96% 4.81%   13.43% 4.81%  
 5381  DROP                              9.80% 3.31%    11.14% 3.31%  
 5382         (5) In order to address unfunded actuarial liabilities of
 5383  the system, the required employer retirement contribution rates
 5384  for each membership class and subclass of the Florida Retirement
 5385  System for both retirement plans are as follows:
 5386  
 5387  Membership Class               Percentage ofGrossCompensation,EffectiveJuly 1, 2011Percentage ofGrossCompensation,EffectiveJuly 1, 2012
 5388                                 
 5389  Regular Class                       0.49%           2.16%      
 5390  Special Risk Class                  2.75%           8.21%      
 5391  Special RiskAdministrativeSupport Class     0.83%           21.40%     
 5392  Elected Officers’ Class—Legislators, Governor,Lt. Governor,Cabinet Officers,State Attorneys,Public Defenders     0.88%           21.76%     
 5393  Elected Officers’ Class—Justices, Judges     0.77%           12.86%     
 5394  Elected Officers’ Class—County Elected Officers     0.73%           22.05%     
 5395  Senior Management Service Class     0.32%           10.51%     
 5396  DROP                                0.00%           6.36%      
 5397         (6) If a member is reported under an incorrect membership
 5398  class and the amount of contributions reported and remitted is
 5399  less than the amount required, the employer shall owe the
 5400  difference, plus the delinquent fee, of 1 percent for each
 5401  calendar month or part thereof that the contributions should
 5402  have been paid. The delinquent assessment may not be waived. If
 5403  the contributions reported and remitted are more than the amount
 5404  required, the employer shall receive a credit to be applied
 5405  against future contributions owed.
 5406         (4)(7) The state actuary shall recognize and use an
 5407  appropriate level of available excess assets of the Florida
 5408  Retirement System Trust Fund to offset the difference between
 5409  the normal costs of the Florida Retirement System and the
 5410  statutorily prescribed contribution rates.
 5411         Section 34. Section 121.72, Florida Statutes, is amended to
 5412  read:
 5413         121.72 Allocations to optional retirement program
 5414  participant investment plan member accounts; percentage
 5415  amounts.—
 5416         (1) The allocations established in subsection (4) shall
 5417  fund retirement benefits under the optional retirement program
 5418  investment plan and shall be transferred monthly by the Division
 5419  of Retirement from the Florida Retirement System Contributions
 5420  Clearing Trust Fund to the third-party administrator for deposit
 5421  in each participating employee’s individual account based on the
 5422  membership class of the participant.
 5423         (2) The allocations are stated as a percentage of each
 5424  optional retirement program participant’s investment plan
 5425  member’s gross compensation for the calendar month. A change in
 5426  a contribution percentage is effective the first day of the
 5427  month for which a full month’s employer contribution retirement
 5428  contributions may be made on or after the beginning date of the
 5429  change. Contribution percentages may be modified by general law.
 5430         (3) Employer and participant employee contributions to
 5431  participant member accounts shall be accounted for separately.
 5432  Participant contributions may be made only if expressly
 5433  authorized by law. Interest and investment earnings on
 5434  contributions shall accrue on a tax-deferred basis until
 5435  proceeds are distributed.
 5436         (4) Effective July 1, 2002, allocations from the Florida
 5437  Retirement System Contributions Clearing Trust Fund to optional
 5438  retirement program participant investment plan member accounts
 5439  shall be are as follows:
 5440  Membership Class                        Percentage of Gross Compensation
 5441  Regular Class                                       9.00%            
 5442  Special Risk Class                                 20.00%            
 5443  Special Risk Administrative Support Class           11.35%            
 5444  Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders           13.40%            
 5445  Elected Officers’ Class— Justices, Judges           18.90%            
 5446  Elected Officers’ Class— County Elected Officers           16.20%            
 5447  Senior Management Service Class                    10.95%            
 5448         Section 35. Section 121.73, Florida Statutes, is amended to
 5449  read:
 5450         121.73 Allocations for optional retirement program
 5451  participant member disability coverage; percentage amounts.—
 5452         (1) The allocations established in subsection (3) shall be
 5453  used to provide disability coverage for participants members in
 5454  the optional retirement program investment plan and shall be
 5455  transferred monthly by the Division of Retirement from the
 5456  Florida Retirement System Contributions Clearing Trust Fund to
 5457  the disability account of the Florida Retirement System Trust
 5458  Fund.
 5459         (2) The allocations are stated as a percentage of each
 5460  optional retirement program participant’s investment plan
 5461  member’s gross compensation for the calendar month. A change in
 5462  a contribution percentage is effective the first day of the
 5463  month for which a full month’s employer contribution retirement
 5464  contributions may be made on or after the beginning date of the
 5465  change. Contribution percentages may be modified by general law.
 5466         (3) Effective July 1, 2002, allocations from the FRS
 5467  Contribution Florida Retirement System Contributions Clearing
 5468  Trust Fund to provide disability coverage for participants
 5469  members in the optional retirement program investment plan, and
 5470  to offset the costs of administering said coverage, shall be are
 5471  as follows:
 5472  Membership Class                        Percentage of Gross Compensation
 5473  Regular Class                                       0.25%            
 5474  Special Risk Class                                  1.33%            
 5475  Special Risk Administrative Support Class            0.45%            
 5476  Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders            0.41%            
 5477  Elected Officers’ Class— Justices, Judges            0.73%            
 5478  Elected Officers’ Class— County Elected Officers            0.41%            
 5479  Senior Management Service Class                     0.26%            
 5480         Section 36. Section 121.74, Florida Statutes, is amended to
 5481  read:
 5482         121.74 Administrative and educational expenses.—In addition
 5483  to contributions required under s. ss. 121.71 and 121.73,
 5484  effective July 1, 2010, through June 30, 2014, employers
 5485  participating in the Florida Retirement System shall contribute
 5486  an amount equal to 0.03 percent of the payroll reported for each
 5487  class or subclass of Florida Retirement System membership;.
 5488  effective July 1, 2014, the contribution rate shall be 0.04
 5489  percent of the payroll reported for each class or subclass of
 5490  membership. The amount contributed shall be transferred by the
 5491  Division of Retirement from the Florida Retirement System
 5492  Contributions Clearing Trust Fund to the State Board of
 5493  Administration’s Administrative Trust Fund to offset the costs
 5494  of administering the optional retirement program investment plan
 5495  and the costs of providing educational services to participants
 5496  in the defined benefit program and the optional retirement
 5497  program members of the Florida Retirement System. Approval of
 5498  the trustees is required before the expenditure of these funds.
 5499  Payments for third-party administrative or educational expenses
 5500  shall be made only pursuant to the terms of the approved
 5501  contracts for such services.
 5502         Section 37. Section 121.75, Florida Statutes, is amended to
 5503  read:
 5504         121.75 Allocation for defined benefit program pension
 5505  plan.—After making the transfers required pursuant to ss.
 5506  121.71, 121.72, 121.73, and 121.74, the monthly balance of funds
 5507  in the Florida Retirement System Contributions Clearing Trust
 5508  Fund shall be transferred to the Florida Retirement System Trust
 5509  Fund to pay the costs of providing defined benefit program
 5510  pension plan benefits and plan administrative costs under the
 5511  defined benefit program pension plan.
 5512         Section 38. Section 121.77, Florida Statutes, is amended to
 5513  read:
 5514         121.77 Deductions from participant member accounts.—The
 5515  State Board of Administration may authorize the third-party
 5516  administrator to deduct reasonable fees and apply appropriate
 5517  charges to optional retirement program participant investment
 5518  plan member accounts. In no event shall may administrative and
 5519  educational expenses exceed the portion of employer
 5520  contributions earmarked for such expenses under this part,
 5521  except for reasonable administrative charges assessed against
 5522  participant member accounts of persons for whom no employer
 5523  contributions are made during the calendar quarter. Investment
 5524  management fees shall be deducted from participant member
 5525  accounts, pursuant to the terms of the contract between the
 5526  provider and the board.
 5527         Section 39. Section 121.78, Florida Statutes, is amended to
 5528  read:
 5529         121.78 Payment and distribution of contributions.—
 5530         (1) Contributions made pursuant to this part shall be paid
 5531  by the employer, including the employee contribution, to the
 5532  Division of Retirement by electronic funds transfer no later
 5533  than the 5th working day of the month immediately after
 5534  following the month during which the payroll period ended.
 5535  Accompanying payroll data must be transmitted to the division
 5536  concurrent with the contributions.
 5537         (2) The division, the State Board of Administration, and
 5538  the third-party administrator, as applicable, shall ensure that
 5539  the contributions are distributed to the appropriate trust funds
 5540  or participant accounts in a timely manner.
 5541         (3)(a) Employee and Employer contributions and accompanying
 5542  payroll data received after the 5th working day of the month are
 5543  considered late. The employer shall be assessed by the Division
 5544  of Retirement a penalty of 1 percent of the contributions due
 5545  for each calendar month or part thereof that the contributions
 5546  or accompanying payroll data are late. Proceeds from the 1
 5547  percent 1 percent assessment against contributions made on
 5548  behalf of participants members of the defined benefit program
 5549  shall pension plan must be deposited in the Florida Retirement
 5550  System Trust Fund, and proceeds from the 1-percent 1 percent
 5551  assessment against contributions made on behalf of participants
 5552  members of the optional retirement program investment plan shall
 5553  be transferred to the third-party administrator for deposit into
 5554  participant member accounts, as provided in paragraph (b) (c).
 5555         (b) Retirement contributions paid for a prior period shall
 5556  be charged a delinquent fee of 1 percent for each calendar month
 5557  or part thereof that the contributions should have been paid.
 5558  This includes prior period contributions due to incorrect wages
 5559  and contributions from an earlier report or wages and
 5560  contributions that should have been reported but were not. The
 5561  delinquent assessments may not be waived.
 5562         (b)(c) If employee contributions or contributions made by
 5563  an employer on behalf of participants members of the optional
 5564  retirement program investment plan or accompanying payroll data
 5565  are not received within the calendar month they are due,
 5566  including, but not limited to, contribution adjustments as a
 5567  result of employer errors or corrections, and if that
 5568  delinquency results in market losses to participants members,
 5569  the employer shall reimburse each participant’s member’s account
 5570  for market losses resulting from the late contributions. If a
 5571  participant member has terminated employment and taken a
 5572  distribution, the participant member is responsible for
 5573  returning any excess contributions erroneously provided by
 5574  employers, adjusted for any investment gain or loss incurred
 5575  during the period such excess contributions were in the
 5576  participant’s member’s account. The state board or its
 5577  designated agent shall communicate to terminated participants
 5578  members any obligation to repay such excess contribution
 5579  amounts. However, the state board, its designated agents, the
 5580  Public Employee Optional Retirement Program Florida Retirement
 5581  System Investment Plan Trust Fund, the department, or the
 5582  Florida Retirement System Trust Fund may not incur any loss or
 5583  gain as a result of an employer’s correction of such excess
 5584  contributions. The third-party administrator, hired by the state
 5585  board pursuant to s. 121.4501(8), shall calculate the market
 5586  losses for each affected participant member. If contributions
 5587  made on behalf of participants members of the optional
 5588  retirement program investment plan or accompanying payroll data
 5589  are not received within the calendar month due, the employer
 5590  shall also pay the cost of the third-party administrator’s
 5591  calculation and reconciliation adjustments resulting from the
 5592  late contributions. The third-party administrator shall notify
 5593  the employer of the results of the calculations and the total
 5594  amount due from the employer for such losses and the costs of
 5595  calculation and reconciliation. The employer shall remit to the
 5596  Division of Retirement the amount due within 30 working days
 5597  after the date of the penalty notice sent by the division. The
 5598  division shall transfer that amount to the third-party
 5599  administrator, which shall deposit proceeds from the 1 percent
 5600  assessment and from individual market losses into participant
 5601  member accounts, as appropriate. The state board may adopt rules
 5602  to administer the provisions regarding late contributions, late
 5603  submission of payroll data, the process for reimbursing
 5604  participant member accounts for resultant market losses, and the
 5605  penalties charged to the employers.
 5606         (d) If employee contributions reported by an employer on
 5607  behalf of members are reduced as a result of employer errors or
 5608  corrections, and the member has terminated employment and taken
 5609  a refund or distribution, the employer shall be billed and is
 5610  responsible for recovering from the member any excess
 5611  contributions erroneously provided by the employer.
 5612         (c)(e) Delinquency fees specified in paragraph (a) may be
 5613  waived by the Division of Retirement, with regard to pension
 5614  plan defined benefit program contributions, and by the state
 5615  board, with regard to optional retirement program investment
 5616  plan contributions, only if, in the opinion of the division or
 5617  the board, as appropriate, exceptional circumstances beyond the
 5618  employer’s control prevented remittance by the prescribed due
 5619  date notwithstanding the employer’s good faith efforts to effect
 5620  delivery. Such a waiver of delinquency may be granted an
 5621  employer only once each state fiscal plan year.
 5622         (f) If the employer submits excess employer or employee
 5623  contributions, the employer shall receive a credit to be applied
 5624  against future contributions owed. The employer is responsible
 5625  for reimbursing the member for any excess contributions
 5626  submitted if any return of such an erroneous excess pretax
 5627  contribution by the program is made within 1 year after making
 5628  erroneous contributions or such other period allowed under
 5629  applicable Internal Revenue guidance.
 5630         (d)(g) If contributions made by an employer on behalf of
 5631  participants members in the optional retirement program
 5632  investment plan are delayed in posting to participant member
 5633  accounts due to acts of God beyond the control of the Division
 5634  of Retirement, the state board, or the third-party
 5635  administrator, as applicable, market losses resulting from the
 5636  late contributions are not payable to the participants members.
 5637         Section 40. Paragraph (a) of subsection (4), paragraph (b)
 5638  of subsection (5), and subsection (7) of section 1012.875,
 5639  Florida Statutes, are amended to read:
 5640         1012.875 State Community College System Optional Retirement
 5641  Program.—Each Florida College System institution may implement
 5642  an optional retirement program, if such program is established
 5643  therefor pursuant to s. 1001.64(20), under which annuity or
 5644  other contracts providing retirement and death benefits may be
 5645  purchased by, and on behalf of, eligible employees who
 5646  participate in the program, in accordance with s. 403(b) of the
 5647  Internal Revenue Code. Except as otherwise provided herein, this
 5648  retirement program, which shall be known as the State Community
 5649  College System Optional Retirement Program, may be implemented
 5650  and administered only by an individual Florida College System
 5651  institution or by a consortium of Florida College System
 5652  institutions.
 5653         (4)(a)1.Through June 30, 2011, Each college must
 5654  contribute on behalf of each program participant member an
 5655  amount equal to 10.43 percent of the participant’s employee’s
 5656  gross monthly compensation.
 5657         2. Effective July 1, 2011, each member shall contribute an
 5658  amount equal to the employee contribution required under s.
 5659  121.71(3). The employer shall contribute on behalf of each
 5660  program member an amount equal to the difference between 10.43
 5661  percent of the employee’s gross monthly compensation and the
 5662  employee’s required contribution based on the employee’s gross
 5663  monthly compensation.
 5664         3. The college shall deduct an amount approved by the
 5665  district board of trustees of the college to provide for the
 5666  administration of the optional retirement program. Payment of
 5667  this contribution must be made either directly by the college or
 5668  through the program administrator to the designated company
 5669  contracting for payment of benefits to the program participant
 5670  member.
 5671         (5)
 5672         (b) Benefits are payable under the optional retirement
 5673  program to program participants or their beneficiaries and the
 5674  benefits must be paid only by the designated company in
 5675  accordance with the terms of the contracts applicable to the
 5676  program participant. Benefits shall accrue in individual
 5677  accounts that are participant-directed, portable, and funded by
 5678  employer and employee contributions and the earnings thereon.
 5679  Benefits funded by employer and employee contributions are
 5680  payable in accordance with the following terms and conditions:
 5681         1. Benefits shall be payable only to a participant, to his
 5682  or her beneficiaries, or to his or her estate, as designated by
 5683  the participant.
 5684         2. Benefits shall be paid by the provider company or
 5685  companies in accordance with the law, the provisions of the
 5686  contract, and any applicable employer rule or policy.
 5687         3. In the event of a participant’s death, moneys
 5688  accumulated by, or on behalf of, the participant, less
 5689  withholding taxes remitted to the Internal Revenue Service, if
 5690  any, shall be distributed to the participant’s designated
 5691  beneficiary or beneficiaries, or to the participant’s estate, as
 5692  if the participant retired on the date of death as provided in
 5693  paragraph (d). No other death benefits shall be are available
 5694  for survivors of participants under the optional retirement
 5695  program except for such benefits, or coverage for such benefits,
 5696  as are separately afforded by the employer at the employer’s
 5697  discretion.
 5698         (7) Benefits, including employee contributions, are not
 5699  payable for employee hardships, unforeseeable emergencies,
 5700  loans, medical expenses, educational expenses, purchase of a
 5701  principal residence, payments necessary to prevent eviction or
 5702  foreclosure on an employee’s principal residence, or any other
 5703  reason before termination from all employment relationships with
 5704  participating employers for 3 calendar months.
 5705         Section 41. Employee contributions plus interest made by
 5706  participants between July 1, 2011, and June 30, 2012, shall be
 5707  reimbursed to the participants at the actuarial assumption rate
 5708  as determined by the Division of Retirement.
 5709         Section 42. The Legislature finds that a proper and
 5710  legitimate state purpose is served when employees and retirees
 5711  of the state and its political subdivisions, and the dependents,
 5712  survivors, and beneficiaries of such employees and retirees, are
 5713  extended the basic protections afforded by governmental
 5714  retirement systems. These persons must be provided benefits that
 5715  are fair and adequate and that are managed, administered, and
 5716  funded in an actuarially sound manner, as required by s. 14,
 5717  Article X of the State Constitution and part VII of chapter 112,
 5718  Florida Statutes. Therefore, the Legislature determines and
 5719  declares that this act fulfills an important state interest.
 5720         Section 43. This act shall take effect July 1, 2012.