| 1 | A bill to be entitled |
| 2 | An act relating to the Florida Retirement System; |
| 3 | amending s. 121.021, F.S.; revising definitions of the |
| 4 | terms "normal retirement date" and "vested" or |
| 5 | "vesting"; amending s. 121.091, F.S.; revising |
| 6 | provisions relating to the early retirement benefit |
| 7 | calculation to conform to changes made by the act; |
| 8 | amending s. 121.4501, F.S.; requiring new employees |
| 9 | to, by default, be enrolled in the investment plan; |
| 10 | extending the period during which employees may elect |
| 11 | to participate in the pension plan; prohibiting |
| 12 | certain employees from choosing to move to the pension |
| 13 | plan after a certain period; providing an effective |
| 14 | date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Paragraph (b) of subsection (29) and paragraph |
| 19 | (b) of subsection (45) of section 121.021, Florida Statutes, are |
| 20 | amended, and paragraph (c) is added to subsection (45) of that |
| 21 | section, to read: |
| 22 | 121.021 Definitions.-The following words and phrases as |
| 23 | used in this chapter have the respective meanings set forth |
| 24 | unless a different meaning is plainly required by the context: |
| 25 | (29) "Normal retirement date" means the date a member |
| 26 | attains normal retirement age and is vested, which is determined |
| 27 | as follows: |
| 28 | (b)1. If a Special Risk Class member initially enrolled |
| 29 | before July 1, 2011: |
| 30 | a. The first day of the month the member attains age 55 |
| 31 | and completes the years of creditable service in the Special |
| 32 | Risk Class equal to or greater than the years of service |
| 33 | required for vesting; |
| 34 | b. The first day of the month following the date the |
| 35 | member completes 25 years of creditable service in the Special |
| 36 | Risk Class, regardless of age; or |
| 37 | c. The first day of the month following the date the |
| 38 | member completes 25 years of creditable service and attains age |
| 39 | 52, which service may include a maximum of 4 years of military |
| 40 | service credit if such credit is not claimed under any other |
| 41 | system and the remaining years are in the Special Risk Class. |
| 42 | 2. If a Special Risk Class member initially enrolled on or |
| 43 | after July 1, 2011, but before July 1, 2012: |
| 44 | a. The first day of the month the member attains age 60 |
| 45 | and completes the years of creditable service in the Special |
| 46 | Risk Class equal to or greater than the years of service |
| 47 | required for vesting; |
| 48 | b. The first day of the month following the date the |
| 49 | member completes 30 years of creditable service in the Special |
| 50 | Risk Class, regardless of age; or |
| 51 | c. The first day of the month following the date the |
| 52 | member completes 30 years of creditable service and attains age |
| 53 | 57, which service may include a maximum of 4 years of military |
| 54 | service credit if such credit is not claimed under any other |
| 55 | system and the remaining years are in the Special Risk Class. |
| 56 | 3. If a Special Risk Class member initially enrolled on or |
| 57 | after July 1, 2012: |
| 58 | a. The first day of the month the member attains age 55 |
| 59 | and completes the years of creditable service in the Special |
| 60 | Risk Class equal to or greater than the years of service |
| 61 | required for vesting; |
| 62 | b. The first day of the month the member attains age 48 |
| 63 | and completes 25 years of creditable service in the Special Risk |
| 64 | Class; or |
| 65 | c. The first day of the month following the date the |
| 66 | member completes 25 years of creditable service and attains age |
| 67 | 52, which service may include a maximum of 4 years of military |
| 68 | service credit if such credit is not claimed under any other |
| 69 | system and the remaining years are in the Special Risk Class. |
| 70 |
|
| 71 | "Normal retirement age" is attained on the "normal retirement |
| 72 | date." |
| 73 | (45) "Vested" or "vesting" means the guarantee that a |
| 74 | member is eligible to receive a future retirement benefit upon |
| 75 | completion of the required years of creditable service for the |
| 76 | employee's class of membership, even though the member may have |
| 77 | terminated covered employment before reaching normal or early |
| 78 | retirement date. Being vested does not entitle a member to a |
| 79 | disability benefit. Provisions governing entitlement to |
| 80 | disability benefits are set forth under s. 121.091(4). |
| 81 | (b) Any member initially enrolled in the Florida |
| 82 | Retirement System on or after July 1, 2011, but before July 1, |
| 83 | 2012, shall be vested upon completion of 8 years of creditable |
| 84 | service. |
| 85 | (c) Any member initially enrolled in the Florida |
| 86 | Retirement System on or after July 1, 2012, shall be vested upon |
| 87 | completion of 10 years of creditable service. |
| 88 | Section 2. Paragraph (a) of subsection (3) of section |
| 89 | 121.091, Florida Statutes, is amended to read: |
| 90 | 121.091 Benefits payable under the system.-Benefits may |
| 91 | not be paid under this section unless the member has terminated |
| 92 | employment as provided in s. 121.021(39)(a) or begun |
| 93 | participation in the Deferred Retirement Option Program as |
| 94 | provided in subsection (13), and a proper application has been |
| 95 | filed in the manner prescribed by the department. The department |
| 96 | may cancel an application for retirement benefits when the |
| 97 | member or beneficiary fails to timely provide the information |
| 98 | and documents required by this chapter and the department's |
| 99 | rules. The department shall adopt rules establishing procedures |
| 100 | for application for retirement benefits and for the cancellation |
| 101 | of such application when the required information or documents |
| 102 | are not received. |
| 103 | (3) EARLY RETIREMENT BENEFIT.-Upon retirement on his or |
| 104 | her early retirement date, the member shall receive an immediate |
| 105 | monthly benefit that shall begin to accrue on the first day of |
| 106 | the month of the retirement date and be payable on the last day |
| 107 | of that month and each month thereafter during his or her |
| 108 | lifetime. Such benefit shall be calculated as follows: |
| 109 | (a) For a member initially enrolled: |
| 110 | 1. Before July 1, 2011, the amount of each monthly payment |
| 111 | shall be computed in the same manner as for a normal retirement |
| 112 | benefit, in accordance with subsection (1), but shall be based |
| 113 | on the member's average monthly compensation and creditable |
| 114 | service as of the member's early retirement date. The benefit so |
| 115 | computed shall be reduced by five-twelfths of 1 percent for each |
| 116 | complete month by which the early retirement date precedes the |
| 117 | normal retirement date of age 62 for a member of the Regular |
| 118 | Class, Senior Management Service Class, or the Elected Officers' |
| 119 | Class, and age 55 for a member of the Special Risk Class, or age |
| 120 | 52 if a Special Risk member has completed 25 years of creditable |
| 121 | service in accordance with s. 121.021(29)(b)1.c. |
| 122 | 2. On or after July 1, 2011, but before July 1, 2012, the |
| 123 | amount of each monthly payment shall be computed in the same |
| 124 | manner as for a normal retirement benefit, in accordance with |
| 125 | subsection (1), but shall be based on the member's average |
| 126 | monthly compensation and creditable service as of the member's |
| 127 | early retirement date. The benefit so computed shall be reduced |
| 128 | by five-twelfths of 1 percent for each complete month by which |
| 129 | the early retirement date precedes the normal retirement date of |
| 130 | age 65 for a member of the Regular Class, Senior Management |
| 131 | Service Class, or the Elected Officers' Class, and age 60 for a |
| 132 | member of the Special Risk Class, or age 57 if a Special Risk |
| 133 | member has completed 30 years of creditable service in |
| 134 | accordance with s. 121.021(29)(b)2.c. |
| 135 | 3. On or after July 1, 2012, the amount of each monthly |
| 136 | payment shall be computed in the same manner as for a normal |
| 137 | retirement benefit, in accordance with subsection (1), but shall |
| 138 | be based on the member's average monthly compensation and |
| 139 | creditable service as of the member's early retirement date. The |
| 140 | benefit so computed shall be reduced by five-twelfths of 1 |
| 141 | percent for each complete month by which the early retirement |
| 142 | date precedes the normal retirement date of age 62 for a member |
| 143 | of the Regular Class, Senior Management Service Class, or the |
| 144 | Elected Officers' Class, and age 55 for a member of the Special |
| 145 | Risk Class, or age 48 if a Special Risk member has completed 25 |
| 146 | years of creditable service in accordance with s. |
| 147 | 121.021(29)(b)3.c. |
| 148 | Section 3. Subsection (4) of section 121.4501, Florida |
| 149 | Statutes, is amended to read: |
| 150 | 121.4501 Florida Retirement System Investment Plan.- |
| 151 | (4) PARTICIPATION; ENROLLMENT.- |
| 152 | (a)1. With respect to an eligible employee who is employed |
| 153 | in a regularly established position on June 1, 2002, by a state |
| 154 | employer: |
| 155 | a. Any such employee may elect to participate in the |
| 156 | investment plan in lieu of retaining his or her membership in |
| 157 | the pension plan. The election must be made in writing or by |
| 158 | electronic means and must be filed with the third-party |
| 159 | administrator by August 31, 2002, or, in the case of an active |
| 160 | employee who is on a leave of absence on April 1, 2002, by the |
| 161 | last business day of the 5th month following the month the leave |
| 162 | of absence concludes. This election is irrevocable, except as |
| 163 | provided in paragraph (g). Upon making such election, the |
| 164 | employee shall be enrolled as a member of the investment plan, |
| 165 | the employee's membership in the Florida Retirement System is |
| 166 | governed by the provisions of this part, and the employee's |
| 167 | membership in the pension plan terminates. The employee's |
| 168 | enrollment in the investment plan is effective the first day of |
| 169 | the month for which a full month's employer contribution is made |
| 170 | to the investment plan. |
| 171 | b. Any such employee who fails to elect to participate in |
| 172 | the investment plan within the prescribed time period is deemed |
| 173 | to have elected to retain membership in the pension plan, and |
| 174 | the employee's option to elect to participate in the investment |
| 175 | plan is forfeited. |
| 176 | 2. With respect to employees who become eligible to |
| 177 | participate in the investment plan by reason of employment in a |
| 178 | regularly established position with a state employer commencing |
| 179 | after April 1, 2002, but before July 1, 2012: |
| 180 | a. Any such employee shall, by default, be enrolled in the |
| 181 | pension plan at the commencement of employment, and may, by the |
| 182 | last business day of the 5th month following the employee's |
| 183 | month of hire, elect to participate in the investment plan. The |
| 184 | employee's election must be made in writing or by electronic |
| 185 | means and must be filed with the third-party administrator. The |
| 186 | election to participate in the investment plan is irrevocable, |
| 187 | except as provided in paragraph (g). |
| 188 | b. If the employee files such election within the |
| 189 | prescribed time period, enrollment in the investment plan is |
| 190 | effective on the first day of employment. The retirement |
| 191 | contributions paid through the month of the employee plan change |
| 192 | shall be transferred to the investment program, and, effective |
| 193 | the first day of the next month, the employer and employee must |
| 194 | pay the applicable contributions based on the employee |
| 195 | membership class in the program. |
| 196 | c. An employee who fails to elect to participate in the |
| 197 | investment plan within the prescribed time period is deemed to |
| 198 | have elected to retain membership in the pension plan, and the |
| 199 | employee's option to elect to participate in the investment plan |
| 200 | is forfeited. |
| 201 | 3. With respect to employees who become eligible to |
| 202 | participate in the investment plan pursuant to s. |
| 203 | 121.051(2)(c)3. or s. 121.35(3)(i), the employee may elect to |
| 204 | participate in the investment plan in lieu of retaining his or |
| 205 | her membership in the State Community College System Optional |
| 206 | Retirement Program or the State University System Optional |
| 207 | Retirement Program. The election must be made in writing or by |
| 208 | electronic means and must be filed with the third-party |
| 209 | administrator. This election is irrevocable, except as provided |
| 210 | in paragraph (g). Upon making such election, the employee shall |
| 211 | be enrolled as a member in the investment plan, the employee's |
| 212 | membership in the Florida Retirement System is governed by the |
| 213 | provisions of this part, and the employee's participation in the |
| 214 | State Community College System Optional Retirement Program or |
| 215 | the State University System Optional Retirement Program |
| 216 | terminates. The employee's enrollment in the investment plan is |
| 217 | effective on the first day of the month for which a full month's |
| 218 | employer and employee contribution is made to the investment |
| 219 | plan. |
| 220 | 4. With respect to employees who become eligible to |
| 221 | participate in the investment plan by reason of employment in a |
| 222 | regularly established position with a state employer commencing |
| 223 | on or after July 1, 2012: |
| 224 | a. Any such employee shall, by default, be enrolled in the |
| 225 | investment plan at the commencement of employment, and may, by |
| 226 | the last business day of the 12th month following the employee's |
| 227 | month of hire, elect to participate in the pension plan. The |
| 228 | employee's election must be made in writing or by electronic |
| 229 | means and must be filed with the third-party administrator. |
| 230 | b. If the employee files such election within the |
| 231 | prescribed time period, enrollment in the pension plan is |
| 232 | effective on the first day of employment. The present value of |
| 233 | his or her retirement contributions under the investment plan |
| 234 | paid through the month of the employee plan change shall be |
| 235 | transferred to the pension plan, and, effective the first day of |
| 236 | the next month, the employer and employee must pay the |
| 237 | applicable contributions based on the employee membership class |
| 238 | in the pension plan. |
| 239 | c. An employee who fails to elect to participate in the |
| 240 | pension plan within the prescribed time period is deemed to have |
| 241 | elected to retain membership in the investment plan, and the |
| 242 | employee's option to elect to participate in the pension plan is |
| 243 | forfeited. |
| 244 | 5.4. For purposes of this paragraph, "state employer" |
| 245 | means any agency, board, branch, commission, community college, |
| 246 | department, institution, institution of higher education, or |
| 247 | water management district of the state, which participates in |
| 248 | the Florida Retirement System for the benefit of certain |
| 249 | employees. |
| 250 | (b)1. With respect to an eligible employee who is employed |
| 251 | in a regularly established position on September 1, 2002, by a |
| 252 | district school board employer: |
| 253 | a. Any such employee may elect to participate in the |
| 254 | investment plan in lieu of retaining his or her membership in |
| 255 | the pension plan. The election must be made in writing or by |
| 256 | electronic means and must be filed with the third-party |
| 257 | administrator by November 30, or, in the case of an active |
| 258 | employee who is on a leave of absence on July 1, 2002, by the |
| 259 | last business day of the 5th month following the month the leave |
| 260 | of absence concludes. This election is irrevocable, except as |
| 261 | provided in paragraph (g). Upon making such election, the |
| 262 | employee shall be enrolled as a member of the investment plan, |
| 263 | the employee's membership in the Florida Retirement System is |
| 264 | governed by the provisions of this part, and the employee's |
| 265 | membership in the pension plan terminates. The employee's |
| 266 | enrollment in the investment plan is effective the first day of |
| 267 | the month for which a full month's employer contribution is made |
| 268 | to the investment program. |
| 269 | b. Any such employee who fails to elect to participate in |
| 270 | the investment plan within the prescribed time period is deemed |
| 271 | to have elected to retain membership in the pension plan, and |
| 272 | the employee's option to elect to participate in the investment |
| 273 | plan is forfeited. |
| 274 | 2. With respect to employees who become eligible to |
| 275 | participate in the investment plan by reason of employment in a |
| 276 | regularly established position with a district school board |
| 277 | employer commencing after July 1, 2002, but before July 1, 2012: |
| 278 | a. Any such employee shall, by default, be enrolled in the |
| 279 | pension plan at the commencement of employment, and may, by the |
| 280 | last business day of the 5th month following the employee's |
| 281 | month of hire, elect to participate in the investment plan. The |
| 282 | employee's election must be made in writing or by electronic |
| 283 | means and must be filed with the third-party administrator. The |
| 284 | election to participate in the investment plan is irrevocable, |
| 285 | except as provided in paragraph (g). |
| 286 | b. If the employee files such election within the |
| 287 | prescribed time period, enrollment in the investment plan is |
| 288 | effective on the first day of employment. The employer |
| 289 | retirement contributions paid through the month of the employee |
| 290 | plan change shall be transferred to the investment plan, and, |
| 291 | effective the first day of the next month, the employer shall |
| 292 | pay the applicable contributions based on the employee |
| 293 | membership class in the investment plan. |
| 294 | c. Any such employee who fails to elect to participate in |
| 295 | the investment plan within the prescribed time period is deemed |
| 296 | to have elected to retain membership in the pension plan, and |
| 297 | the employee's option to elect to participate in the investment |
| 298 | plan is forfeited. |
| 299 | 3. With respect to employees who become eligible to |
| 300 | participate in the investment plan by reason of employment in a |
| 301 | regularly established position with a district school board |
| 302 | employer commencing on or after July 1, 2012: |
| 303 | a. Any such employee shall, by default, be enrolled in the |
| 304 | investment plan at the commencement of employment, and may, by |
| 305 | the last business day of the 12th month following the employee's |
| 306 | month of hire, elect to participate in the pension plan. The |
| 307 | employee's election must be made in writing or by electronic |
| 308 | means and must be filed with the third-party administrator. |
| 309 | b. If the employee files such election within the |
| 310 | prescribed time period, enrollment in the pension plan is |
| 311 | effective on the first day of employment. The present value of |
| 312 | his or her retirement contributions under the investment plan |
| 313 | paid through the month of the employee plan change shall be |
| 314 | transferred to the pension plan, and, effective the first day of |
| 315 | the next month, the employer shall pay the applicable |
| 316 | contributions based on the employee membership class in the |
| 317 | pension plan. |
| 318 | c. Any such employee who fails to elect to participate in |
| 319 | the pension plan within the prescribed time period is deemed to |
| 320 | have elected to retain membership in the investment plan, and |
| 321 | the employee's option to elect to participate in the pension |
| 322 | plan is forfeited. |
| 323 | 4.3. For purposes of this paragraph, "district school |
| 324 | board employer" means any district school board that |
| 325 | participates in the Florida Retirement System for the benefit of |
| 326 | certain employees, or a charter school or charter technical |
| 327 | career center that participates in the Florida Retirement System |
| 328 | as provided in s. 121.051(2)(d). |
| 329 | (c)1. With respect to an eligible employee who is employed |
| 330 | in a regularly established position on December 1, 2002, by a |
| 331 | local employer: |
| 332 | a. Any such employee may elect to participate in the |
| 333 | investment plan in lieu of retaining his or her membership in |
| 334 | the pension plan. The election must be made in writing or by |
| 335 | electronic means and must be filed with the third-party |
| 336 | administrator by February 28, 2003, or, in the case of an active |
| 337 | employee who is on a leave of absence on October 1, 2002, by the |
| 338 | last business day of the 5th month following the month the leave |
| 339 | of absence concludes. This election is irrevocable, except as |
| 340 | provided in paragraph (g). Upon making such election, the |
| 341 | employee shall be enrolled as a participant of the investment |
| 342 | plan, the employee's membership in the Florida Retirement System |
| 343 | is governed by the provisions of this part, and the employee's |
| 344 | membership in the pension plan terminates. The employee's |
| 345 | enrollment in the investment plan is effective the first day of |
| 346 | the month for which a full month's employer contribution is made |
| 347 | to the investment plan. |
| 348 | b. Any such employee who fails to elect to participate in |
| 349 | the investment plan within the prescribed time period is deemed |
| 350 | to have elected to retain membership in the pension plan, and |
| 351 | the employee's option to elect to participate in the investment |
| 352 | plan is forfeited. |
| 353 | 2. With respect to employees who become eligible to |
| 354 | participate in the investment plan by reason of employment in a |
| 355 | regularly established position with a local employer commencing |
| 356 | after October 1, 2002, but before July 1, 2012: |
| 357 | a. Any such employee shall, by default, be enrolled in the |
| 358 | pension plan at the commencement of employment, and may, by the |
| 359 | last business day of the 5th month following the employee's |
| 360 | month of hire, elect to participate in the investment plan. The |
| 361 | employee's election must be made in writing or by electronic |
| 362 | means and must be filed with the third-party administrator. The |
| 363 | election to participate in the investment plan is irrevocable, |
| 364 | except as provided in paragraph (g). |
| 365 | b. If the employee files such election within the |
| 366 | prescribed time period, enrollment in the investment plan is |
| 367 | effective on the first day of employment. The employer |
| 368 | retirement contributions paid through the month of the employee |
| 369 | plan change shall be transferred to the investment plan, and, |
| 370 | effective the first day of the next month, the employer shall |
| 371 | pay the applicable contributions based on the employee |
| 372 | membership class in the investment plan. |
| 373 | c. Any such employee who fails to elect to participate in |
| 374 | the investment plan within the prescribed time period is deemed |
| 375 | to have elected to retain membership in the pension plan, and |
| 376 | the employee's option to elect to participate in the investment |
| 377 | plan is forfeited. |
| 378 | 3. With respect to employees who become eligible to |
| 379 | participate in the investment plan by reason of employment in a |
| 380 | regularly established position with a local employer commencing |
| 381 | on or after July 1, 2012: |
| 382 | a. Any such employee shall, by default, be enrolled in the |
| 383 | investment plan at the commencement of employment, and may, by |
| 384 | the last business day of the 12th month following the employee's |
| 385 | month of hire, elect to participate in the pension plan. The |
| 386 | employee's election must be made in writing or by electronic |
| 387 | means and must be filed with the third-party administrator. |
| 388 | b. If the employee files such election within the |
| 389 | prescribed time period, enrollment in the pension plan is |
| 390 | effective on the first day of employment. The present value of |
| 391 | his or her employer retirement contributions under the |
| 392 | investment plan paid through the month of the employee plan |
| 393 | change shall be transferred to the pension plan, and, effective |
| 394 | the first day of the next month, the employer shall pay the |
| 395 | applicable contributions based on the employee membership class |
| 396 | in the pension plan. |
| 397 | c. Any such employee who fails to elect to participate in |
| 398 | the pension plan within the prescribed time period is deemed to |
| 399 | have elected to retain membership in the investment plan, and |
| 400 | the employee's option to elect to participate in the pension |
| 401 | plan is forfeited. |
| 402 | 4.3. For purposes of this paragraph, "local employer" |
| 403 | means any employer not included in paragraph (a) or paragraph |
| 404 | (b). |
| 405 | (d) Contributions available for self-direction by a member |
| 406 | who has not selected one or more specific investment products |
| 407 | shall be allocated as prescribed by the state board. The third- |
| 408 | party administrator shall notify the member at least quarterly |
| 409 | that the member should take an affirmative action to make an |
| 410 | asset allocation among the investment products. |
| 411 | (e) On or after July 1, 2011, a member of the pension plan |
| 412 | who obtains a refund of employee contributions retains his or |
| 413 | her prior plan choice upon return to employment in a regularly |
| 414 | established position with a participating employer. |
| 415 | (f) A member of the investment plan who takes a |
| 416 | distribution of any contributions from his or her investment |
| 417 | plan account is considered a retiree. A retiree who is initially |
| 418 | reemployed on or after July 1, 2010, is not eligible for renewed |
| 419 | membership. |
| 420 | (g) After the period during which an eligible employee had |
| 421 | the choice to elect the pension plan or the investment plan, or |
| 422 | the month following the receipt of the eligible employee's plan |
| 423 | election, if sooner, the employee shall have one opportunity, at |
| 424 | the employee's discretion, to choose to move from the pension |
| 425 | plan to the investment plan or from the investment plan to the |
| 426 | pension plan. However, employees initially enrolled in the |
| 427 | investment plan on or after July 1, 2012, may not move from the |
| 428 | investment plan to the pension plan after the close of the |
| 429 | initial prescribed time period to do so. Eligible employees may |
| 430 | elect to move between plans only if they are earning service |
| 431 | credit in an employer-employee relationship consistent with s. |
| 432 | 121.021(17)(b), excluding leaves of absence without pay. |
| 433 | Effective July 1, 2005, such elections are effective on the |
| 434 | first day of the month following the receipt of the election by |
| 435 | the third-party administrator and are not subject to the |
| 436 | requirements regarding an employer-employee relationship or |
| 437 | receipt of contributions for the eligible employee in the |
| 438 | effective month, except when the election is received by the |
| 439 | third-party administrator. This paragraph is contingent upon |
| 440 | approval by the Internal Revenue Service. |
| 441 | 1. If the employee chooses to move to the investment plan, |
| 442 | the provisions of subsection (3) govern the transfer. |
| 443 | 2. If the employee chooses to move to the pension plan, |
| 444 | the employee must transfer from his or her investment plan |
| 445 | account, and from other employee moneys as necessary, a sum |
| 446 | representing the present value of that employee's accumulated |
| 447 | benefit obligation immediately following the time of such |
| 448 | movement, determined assuming that attained service equals the |
| 449 | sum of service in the pension plan and service in the investment |
| 450 | plan. Benefit commencement occurs on the first date the employee |
| 451 | is eligible for unreduced benefits, using the discount rate and |
| 452 | other relevant actuarial assumptions that were used to value the |
| 453 | pension plan liabilities in the most recent actuarial valuation. |
| 454 | For any employee who, at the time of the second election, |
| 455 | already maintains an accrued benefit amount in the pension plan, |
| 456 | the then-present value of the accrued benefit is deemed part of |
| 457 | the required transfer amount. The division must ensure that the |
| 458 | transfer sum is prepared using a formula and methodology |
| 459 | certified by an enrolled actuary. A refund of any employee |
| 460 | contributions or additional member payments made which exceed |
| 461 | the employee contributions that would have accrued had the |
| 462 | member remained in the pension plan and not transferred to the |
| 463 | investment plan is not permitted. |
| 464 | 3. Notwithstanding subparagraph 2., an employee who |
| 465 | chooses to move to the pension plan and who became eligible to |
| 466 | participate in the investment plan by reason of employment in a |
| 467 | regularly established position with a state employer after June |
| 468 | 1, 2002; a district school board employer after September 1, |
| 469 | 2002; or a local employer after December 1, 2002, must transfer |
| 470 | from his or her investment plan account, and from other employee |
| 471 | moneys as necessary, a sum representing the employee's actuarial |
| 472 | accrued liability. A refund of any employee contributions or |
| 473 | additional participant payments made which exceed the employee |
| 474 | contributions that would have accrued had the member remained in |
| 475 | the pension plan and not transferred to the investment plan is |
| 476 | not permitted. |
| 477 | 4. An employee's ability to transfer from the pension plan |
| 478 | to the investment plan pursuant to paragraphs (a)-(d), and the |
| 479 | ability of a current employee to have an option to later |
| 480 | transfer back into the pension plan under subparagraph 2., shall |
| 481 | be deemed a significant system amendment. Pursuant to s. |
| 482 | 121.031(4), any resulting unfunded liability arising from actual |
| 483 | original transfers from the pension plan to the investment plan |
| 484 | must be amortized within 30 plan years as a separate unfunded |
| 485 | actuarial base independent of the reserve stabilization |
| 486 | mechanism defined in s. 121.031(3)(f). For the first 25 years, a |
| 487 | direct amortization payment may not be calculated for this base. |
| 488 | During this 25-year period, the separate base shall be used to |
| 489 | offset the impact of employees exercising their second program |
| 490 | election under this paragraph. The actuarial funded status of |
| 491 | the pension plan will not be affected by such second program |
| 492 | elections in any significant manner, after due recognition of |
| 493 | the separate unfunded actuarial base. Following the initial 25- |
| 494 | year period, any remaining balance of the original separate base |
| 495 | shall be amortized over the remaining 5 years of the required |
| 496 | 30-year amortization period. |
| 497 | 5. If the employee chooses to transfer from the investment |
| 498 | plan to the pension plan and retains an excess account balance |
| 499 | in the investment plan after satisfying the buy-in requirements |
| 500 | under this paragraph, the excess may not be distributed until |
| 501 | the member retires from the pension plan. The excess account |
| 502 | balance may be rolled over to the pension plan and used to |
| 503 | purchase service credit or upgrade creditable service in the |
| 504 | pension plan. |
| 505 | Section 4. This act shall take effect July 1, 2012. |