Florida Senate - 2013                                    SB 1392
       
       
       
       By Senator Simpson
       
       
       
       
       18-00985C-13                                          20131392__
    1                        A bill to be entitled                      
    2         An act relating to retirement; amending s. 121.021,
    3         F.S.; revising the definition of “vested” or
    4         “vesting”; providing that a member initially enrolled
    5         in the Florida Retirement System after a certain date
    6         is vested in the pension plan after 10 years of
    7         creditable service; amending s. 121.051, F.S.;
    8         providing for compulsory membership in the Florida
    9         Retirement System Investment Plan for employees in the
   10         Elected Officers’ Class or the Senior Management
   11         Service Class initially enrolled after a specified
   12         date; conforming cross-references to changes made by
   13         the act; amending s. 121.052, F.S.; prohibiting
   14         members of the Elected Officers’ Class from joining
   15         the Senior Management Service Class after a specified
   16         date; amending s. 121.055, F.S.; prohibiting an
   17         elected official eligible for membership in the
   18         Elected Officers’ Class from enrolling in the Senior
   19         Management Service Class or in the Senior Management
   20         Service Optional Annuity Program; closing the Senior
   21         Management Optional Annuity Program to new members
   22         after a specified date; amending s. 121.091, F.S.;
   23         providing that certain members are entitled to a
   24         monthly disability benefit; revising provisions to
   25         conform to changes made by the act; amending s.
   26         121.4501, F.S.; requiring certain employees initially
   27         enrolled in the Florida Retirement System on or after
   28         a specified date to be compulsory members of the
   29         investment plan; revising the definition of “member”
   30         or “employee”; revising a provision relating to
   31         acknowledgement of an employee’s election to
   32         participate in the investment plan; placing certain
   33         employees in the pension plan from their date of hire
   34         until they are automatically enrolled in the
   35         investment plan or timely elect enrollment in the
   36         pension plan; authorizing certain employees to elect
   37         to participate in the pension plan, rather than the
   38         default investment plan, within a specified time;
   39         providing for the transfer of certain contributions;
   40         revising the education component; deleting the
   41         obligation of system employers to communicate the
   42         existence of both retirement plans; conforming
   43         provisions and cross-references to changes made by the
   44         act; amending s. 121.591, F.S.; revising provisions
   45         relating to disability retirement benefits; amending
   46         s. 121.71, F.S.; decreasing the employee retirement
   47         contribution rates for investment plan members;
   48         amending ss. 121.35, 238.072, 413.051, and 1012.875,
   49         F.S.; conforming cross-references; providing for
   50         contribution rate increases to fund the changes made
   51         by this act; directing the Division of Law Revision
   52         and Information to adjust contribution rates set forth
   53         in s. 121.071, F.S.; providing that the act fulfills
   54         an important state interest; providing an effective
   55         date.
   56  
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Subsection (45) of section 121.021, Florida
   60  Statutes, is amended to read:
   61         121.021 Definitions.—The following words and phrases as
   62  used in this chapter have the respective meanings set forth
   63  unless a different meaning is plainly required by the context:
   64         (45) “Vested” or “vesting” means the guarantee that a
   65  member is eligible to receive a future retirement benefit upon
   66  completion of the required years of creditable service for the
   67  employee’s class of membership, even though the member may have
   68  terminated covered employment before reaching normal or early
   69  retirement date. Being vested does not entitle a member to a
   70  disability benefit. Provisions governing entitlement to
   71  disability benefits are set forth under s. 121.091(4).
   72         (a) Effective July 1, 2001, through June 30, 2011, a 6-year
   73  vesting requirement shall be implemented for the Florida
   74  Retirement System Pension Plan:
   75         1. Any member employed in a regularly established position
   76  on July 1, 2001, who completes or has completed a total of 6
   77  years of creditable service is considered vested.
   78         2. Any member initially enrolled in the Florida Retirement
   79  System before July 1, 2001, but not employed in a regularly
   80  established position on July 1, 2001, shall be deemed vested
   81  upon completion of 6 years of creditable service if such member
   82  is employed in a covered position for at least 1 work year after
   83  July 1, 2001. However, a member is not required to complete more
   84  years of creditable service than would have been required for
   85  that member to vest under retirement laws in effect before July
   86  1, 2001.
   87         3. Any member initially enrolled in the Florida Retirement
   88  System on July 1, 2001, through June 30, 2011, shall be deemed
   89  vested upon completion of 6 years of creditable service.
   90         (b) Any member initially enrolled in the Florida Retirement
   91  System on or after July 1, 2011, through December 31, 2013,
   92  shall be vested in the pension plan upon completion of 8 years
   93  of creditable service.
   94         (c) Any member initially enrolled in the Florida Retirement
   95  System on or after January 1, 2014, shall be vested in the
   96  pension plan upon completion of 10 years of creditable service.
   97         Section 2. Paragraph (c) of subsection (2) of section
   98  121.051, Florida Statutes, is amended, present subsections (3)
   99  through (9) of that section are renumbered as subsections (4)
  100  through (10), respectively, and a new subsection (3) is added to
  101  that section, to read:
  102         121.051 Participation in the system.—
  103         (2) OPTIONAL PARTICIPATION.—
  104         (c) Employees of public community colleges or charter
  105  technical career centers sponsored by public community colleges,
  106  designated in s. 1000.21(3), who are members of the Regular
  107  Class of the Florida Retirement System and who comply with the
  108  criteria set forth in this paragraph and s. 1012.875 may, in
  109  lieu of participating in the Florida Retirement System, elect to
  110  withdraw from the system altogether and participate in the State
  111  Community College System Optional Retirement Program provided by
  112  the employing agency under s. 1012.875.
  113         1.a. Through June 30, 2001, the cost to the employer for
  114  benefits under the optional retirement program equals the normal
  115  cost portion of the employer retirement contribution which would
  116  be required if the employee were a member of the pension plan’s
  117  Regular Class, plus the portion of the contribution rate
  118  required by s. 112.363(8) which would otherwise be assigned to
  119  the Retiree Health Insurance Subsidy Trust Fund.
  120         b. Effective July 1, 2001, through June 30, 2011, each
  121  employer shall contribute on behalf of each member of the
  122  optional program an amount equal to 10.43 percent of the
  123  employee’s gross monthly compensation. The employer shall deduct
  124  an amount for the administration of the program.
  125         c. Effective July 1, 2011, through June 30, 2012, each
  126  member shall contribute an amount equal to the employee
  127  contribution required under s. 121.71(3)(a). The employer shall
  128  contribute on behalf of each program member an amount equal to
  129  the difference between 10.43 percent of the employee’s gross
  130  monthly compensation and the employee’s required contribution
  131  based on the employee’s gross monthly compensation.
  132         d. Effective July 1, 2012, each member shall contribute an
  133  amount equal to the employee contribution required under s.
  134  121.71(3)(a). The employer shall contribute on behalf of each
  135  program member an amount equal to the difference between 8.15
  136  percent of the employee’s gross monthly compensation and the
  137  employee’s required contribution based on the employee’s gross
  138  monthly compensation.
  139         e. The employer shall contribute an additional amount to
  140  the Florida Retirement System Trust Fund equal to the unfunded
  141  actuarial accrued liability portion of the Regular Class
  142  contribution rate.
  143         2. The decision to participate in the optional retirement
  144  program is irrevocable as long as the employee holds a position
  145  eligible for participation, except as provided in subparagraph
  146  3. Any service creditable under the Florida Retirement System is
  147  retained after the member withdraws from the system; however,
  148  additional service credit in the system may not be earned while
  149  a member of the optional retirement program.
  150         3. An employee who has elected to participate in the
  151  optional retirement program shall have one opportunity, at the
  152  employee’s discretion, to transfer from the optional retirement
  153  program to the pension plan of the Florida Retirement System or
  154  to the investment plan established under part II of this
  155  chapter, subject to the terms of the applicable optional
  156  retirement program contracts.
  157         a. If the employee chooses to move to the investment plan,
  158  any contributions, interest, and earnings creditable to the
  159  employee under the optional retirement program are retained by
  160  the employee in the optional retirement program, and the
  161  applicable provisions of s. 121.4501(4) govern the election.
  162         b. If the employee chooses to move to the pension plan of
  163  the Florida Retirement System, the employee shall receive
  164  service credit equal to his or her years of service under the
  165  optional retirement program.
  166         (I) The cost for such credit is the amount representing the
  167  present value of the employee’s accumulated benefit obligation
  168  for the affected period of service. The cost shall be calculated
  169  as if the benefit commencement occurs on the first date the
  170  employee becomes eligible for unreduced benefits, using the
  171  discount rate and other relevant actuarial assumptions that were
  172  used to value the Florida Retirement System Pension Plan
  173  liabilities in the most recent actuarial valuation. The
  174  calculation must include any service already maintained under
  175  the pension plan in addition to the years under the optional
  176  retirement program. The present value of any service already
  177  maintained must be applied as a credit to total cost resulting
  178  from the calculation. The division must ensure that the transfer
  179  sum is prepared using a formula and methodology certified by an
  180  enrolled actuary.
  181         (II) The employee must transfer from his or her optional
  182  retirement program account and from other employee moneys as
  183  necessary, a sum representing the present value of the
  184  employee’s accumulated benefit obligation immediately following
  185  the time of such movement, determined assuming that attained
  186  service equals the sum of service in the pension plan and
  187  service in the optional retirement program.
  188         4. Participation in the optional retirement program is
  189  limited to employees who satisfy the following eligibility
  190  criteria:
  191         a. The employee is otherwise eligible for membership or
  192  renewed membership in the Regular Class of the Florida
  193  Retirement System, as provided in s. 121.021(11) and (12) or s.
  194  121.122.
  195         b. The employee is employed in a full-time position
  196  classified in the Accounting Manual for Florida’s Public
  197  Community Colleges as:
  198         (I) Instructional; or
  199         (II) Executive Management, Instructional Management, or
  200  Institutional Management and the community college determines
  201  that recruiting to fill a vacancy in the position is to be
  202  conducted in the national or regional market, and the duties and
  203  responsibilities of the position include the formulation,
  204  interpretation, or implementation of policies, or the
  205  performance of functions that are unique or specialized within
  206  higher education and that frequently support the mission of the
  207  community college.
  208         c. The employee is employed in a position not included in
  209  the Senior Management Service Class of the Florida Retirement
  210  System as described in s. 121.055.
  211         5. Members of the program are subject to the same
  212  reemployment limitations, renewed membership provisions, and
  213  forfeiture provisions applicable to regular members of the
  214  Florida Retirement System under ss. 121.091(9), 121.122, and
  215  121.091(5), respectively. A member who receives a program
  216  distribution funded by employer and required employee
  217  contributions is deemed to be retired from a state-administered
  218  retirement system if the member is subsequently employed with an
  219  employer that participates in the Florida Retirement System.
  220         6. Eligible community college employees are compulsory
  221  members of the Florida Retirement System until, pursuant to s.
  222  1012.875, a written election to withdraw from the system and
  223  participate in the optional retirement program is filed with the
  224  program administrator and received by the division.
  225         a. A community college employee whose program eligibility
  226  results from initial employment shall be enrolled in the
  227  optional retirement program retroactive to the first day of
  228  eligible employment. The employer and employee retirement
  229  contributions paid through the month of the employee plan change
  230  shall be transferred to the community college to the employee’s
  231  optional program account, and, effective the first day of the
  232  next month, the employer shall pay the applicable contributions
  233  based upon subparagraph 1.
  234         b. A community college employee whose program eligibility
  235  is due to the subsequent designation of the employee’s position
  236  as one of those specified in subparagraph 4., or due to the
  237  employee’s appointment, promotion, transfer, or reclassification
  238  to a position specified in subparagraph 4., must be enrolled in
  239  the program on the first day of the first full calendar month
  240  that such change in status becomes effective. The employer and
  241  employee retirement contributions paid from the effective date
  242  through the month of the employee plan change must be
  243  transferred to the community college to the employee’s optional
  244  program account, and, effective the first day of the next month,
  245  the employer shall pay the applicable contributions based upon
  246  subparagraph 1.
  247         7. Effective July 1, 2003, through December 31, 2008, any
  248  member of the optional retirement program who has service credit
  249  in the pension plan of the Florida Retirement System for the
  250  period between his or her first eligibility to transfer from the
  251  pension plan to the optional retirement program and the actual
  252  date of transfer may, during employment, transfer to the
  253  optional retirement program a sum representing the present value
  254  of the accumulated benefit obligation under the defined benefit
  255  retirement program for the period of service credit. Upon
  256  transfer, all service credit previously earned under the pension
  257  plan during this period is nullified for purposes of entitlement
  258  to a future benefit under the pension plan.
  259         (3) INVESTMENT PLAN MEMBERSHIP COMPULSORY.—
  260         (a) Employees initially enrolled on or after January 1,
  261  2014, in positions covered by the Elected Officers’ Class or the
  262  Senior Management Service Class are compulsory members of the
  263  investment plan, except those eligible to withdraw from the
  264  system under s. 121.052(3)(d) or s. 121.055(1)(b)2., or those
  265  eligible for optional retirement programs under paragraph
  266  (1)(a), paragraph (2)(c), or s. 121.35. Investment plan
  267  membership continues if there is subsequent employment in a
  268  position covered by another membership class. Membership in the
  269  pension plan is not permitted. Employees initially enrolled on
  270  or after January 1, 2014, are not eligible to use the election
  271  opportunity specified in s. 121.4501(4)(f).
  272         (b) Employees eligible to withdraw from the system under s.
  273  121.052(3)(d) or s. 121.055(1)(b)2. may choose to withdraw from
  274  the system or to participate in the investment plan as provided
  275  in these sections. Employees eligible for optional retirement
  276  programs under paragraph (2)(c) or s. 121.35 may choose to
  277  participate in the optional retirement program or the investment
  278  plan as provided in this paragraph or this section. Eligible
  279  employees required to participate pursuant to (1)(a) in the
  280  optional retirement program as provided under s. 121.35 must
  281  participate in the investment plan when employed in a position
  282  not eligible for the optional retirement program.
  283         (c) Notwithstanding the provisions of subsection (a), any
  284  former member of the pension plan who terminated covered
  285  employment in the Florida Retirement System before the
  286  availability to join the investment plan during the initial
  287  rollout, or the provisions of 121.4501(4)(a)1., and who
  288  subsequently returns to covered employment under the system on
  289  or after January 1, 2014, shall be reenrolled in the pension
  290  plan effective on their date of employment and may use the
  291  second election opportunity specified in s. 121.4501(4)(f)to
  292  transfer to the investment plan.
  293         Section 3. Paragraph (c) of subsection (3) of section
  294  121.052, Florida Statutes, is amended to read:
  295         121.052 Membership class of elected officers.—
  296         (3) PARTICIPATION AND WITHDRAWAL, GENERALLY.—Effective July
  297  1, 1990, participation in the Elected Officers’ Class shall be
  298  compulsory for elected officers listed in paragraphs (2)(a)-(d)
  299  and (f) assuming office on or after said date, unless the
  300  elected officer elects membership in another class or withdraws
  301  from the Florida Retirement System as provided in paragraphs
  302  (3)(a)-(d):
  303         (c) Before January 1, 2014, any elected officer may, within
  304  6 months after assuming office, or within 6 months after this
  305  act becomes a law for serving elected officers, elect membership
  306  in the Senior Management Service Class as provided in s. 121.055
  307  in lieu of membership in the Elected Officers’ Class. Any such
  308  election made by a county elected officer shall have no effect
  309  upon the statutory limit on the number of nonelective full-time
  310  positions that may be designated by a local agency employer for
  311  inclusion in the Senior Management Service Class under s.
  312  121.055(1)(b)1.
  313         Section 4. Paragraph (f) of subsection (1) and paragraph
  314  (c) of subsection (6) of section 121.055, Florida Statutes, are
  315  amended to read:
  316         121.055 Senior Management Service Class.—There is hereby
  317  established a separate class of membership within the Florida
  318  Retirement System to be known as the “Senior Management Service
  319  Class,” which shall become effective February 1, 1987.
  320         (1)
  321         (f) Effective July 1, 1997, through December 31, 2013:
  322         1. Except as provided in subparagraphs subparagraph 3. and
  323  4., an elected state officer eligible for membership in the
  324  Elected Officers’ Class under s. 121.052(2)(a), (b), or (c) who
  325  elects membership in the Senior Management Service Class under
  326  s. 121.052(3)(c) may, within 6 months after assuming office or
  327  within 6 months after this act becomes a law for serving elected
  328  state officers, elect to participate in the Senior Management
  329  Service Optional Annuity Program, as provided in subsection (6),
  330  in lieu of membership in the Senior Management Service Class.
  331         2. Except as provided in subparagraphs subparagraph 3. and
  332  4., an elected officer of a local agency employer eligible for
  333  membership in the Elected Officers’ Class under s. 121.052(2)(d)
  334  who elects membership in the Senior Management Service Class
  335  under s. 121.052(3)(c) may, within 6 months after assuming
  336  office, or within 6 months after this act becomes a law for
  337  serving elected officers of a local agency employer, elect to
  338  withdraw from the Florida Retirement System, as provided in
  339  subparagraph (b)2., in lieu of membership in the Senior
  340  Management Service Class.
  341         3. A retiree of a state-administered retirement system who
  342  is initially reemployed in a regularly established position on
  343  or after July 1, 2010, as an elected official eligible for the
  344  Elected Officers’ Class may not be enrolled in renewed
  345  membership in the Senior Management Service Class or in the
  346  Senior Management Service Optional Annuity Program as provided
  347  in subsection (6), and may not withdraw from the Florida
  348  Retirement System as a renewed member as provided in
  349  subparagraph (b)2., as applicable, in lieu of membership in the
  350  Senior Management Service Class.
  351         4. On or after January 1, 2014, an elected officer eligible
  352  for membership in the Elected Officers’ Class may not be
  353  enrolled in the Senior Management Service Class or in the Senior
  354  Management Service Optional Annuity Program as provided in
  355  subsection (6).
  356         (6)
  357         (c) Participation.—
  358         1. An eligible employee who is employed on or before
  359  February 1, 1987, may elect to participate in the optional
  360  annuity program in lieu of participating in the Senior
  361  Management Service Class. Such election must be made in writing
  362  and filed with the department and the personnel officer of the
  363  employer on or before May 1, 1987. An eligible employee who is
  364  employed on or before February 1, 1987, and who fails to make an
  365  election to participate in the optional annuity program by May
  366  1, 1987, shall be deemed to have elected membership in the
  367  Senior Management Service Class.
  368         2. Except as provided in subparagraph 6., an employee who
  369  becomes eligible to participate in the optional annuity program
  370  by reason of initial employment commencing after February 1,
  371  1987, may, within 90 days after the date of commencing
  372  employment, elect to participate in the optional annuity
  373  program. Such election must be made in writing and filed with
  374  the personnel officer of the employer. An eligible employee who
  375  does not within 90 days after commencing employment elect to
  376  participate in the optional annuity program shall be deemed to
  377  have elected membership in the Senior Management Service Class.
  378         3. A person who is appointed to a position in the Senior
  379  Management Service Class and who is a member of an existing
  380  retirement system or the Special Risk or Special Risk
  381  Administrative Support Classes of the Florida Retirement System
  382  may elect to remain in such system or class in lieu of
  383  participating in the Senior Management Service Class or optional
  384  annuity program. Such election must be made in writing and filed
  385  with the department and the personnel officer of the employer
  386  within 90 days after such appointment. An eligible employee who
  387  fails to make an election to participate in the existing system,
  388  the Special Risk Class of the Florida Retirement System, the
  389  Special Risk Administrative Support Class of the Florida
  390  Retirement System, or the optional annuity program shall be
  391  deemed to have elected membership in the Senior Management
  392  Service Class.
  393         4. Except as provided in subparagraph 5., an employee’s
  394  election to participate in the optional annuity program is
  395  irrevocable if the employee continues to be employed in an
  396  eligible position and continues to meet the eligibility
  397  requirements set forth in this paragraph.
  398         5. Effective from July 1, 2002, through September 30, 2002,
  399  an active employee in a regularly established position who has
  400  elected to participate in the Senior Management Service Optional
  401  Annuity Program has one opportunity to choose to move from the
  402  Senior Management Service Optional Annuity Program to the
  403  Florida Retirement System Pension Plan.
  404         a. The election must be made in writing and must be filed
  405  with the department and the personnel officer of the employer
  406  before October 1, 2002, or, in the case of an active employee
  407  who is on a leave of absence on July 1, 2002, within 90 days
  408  after the conclusion of the leave of absence. This election is
  409  irrevocable.
  410         b. The employee shall receive service credit under the
  411  pension plan equal to his or her years of service under the
  412  Senior Management Service Optional Annuity Program. The cost for
  413  such credit is the amount representing the present value of that
  414  employee’s accumulated benefit obligation for the affected
  415  period of service.
  416         c. The employee must transfer the total accumulated
  417  employer contributions and earnings on deposit in his or her
  418  Senior Management Service Optional Annuity Program account. If
  419  the transferred amount is not sufficient to pay the amount due,
  420  the employee must pay a sum representing the remainder of the
  421  amount due. The employee may not retain any employer
  422  contributions or earnings from the Senior Management Service
  423  Optional Annuity Program account.
  424         6. A retiree of a state-administered retirement system who
  425  is initially reemployed on or after July 1, 2010, may not renew
  426  membership in the Senior Management Service Optional Annuity
  427  Program.
  428         7. Effective January 1, 2014, the Senior Management Service
  429  Optional Annuity Program is closed to new members. Members
  430  enrolled in the Senior Management Service Optional Annuity
  431  Program before January 1, 2014, may retain their membership in
  432  the annuity program.
  433         Section 5. Paragraph (a) of subsection (4) of section
  434  121.091, Florida Statutes, is amended to read:
  435         121.091 Benefits payable under the system.—Benefits may not
  436  be paid under this section unless the member has terminated
  437  employment as provided in s. 121.021(39)(a) or begun
  438  participation in the Deferred Retirement Option Program as
  439  provided in subsection (13), and a proper application has been
  440  filed in the manner prescribed by the department. The department
  441  may cancel an application for retirement benefits when the
  442  member or beneficiary fails to timely provide the information
  443  and documents required by this chapter and the department’s
  444  rules. The department shall adopt rules establishing procedures
  445  for application for retirement benefits and for the cancellation
  446  of such application when the required information or documents
  447  are not received.
  448         (4) DISABILITY RETIREMENT BENEFIT.—
  449         (a) Disability retirement; entitlement and effective date.—
  450         1.a. A member who becomes totally and permanently disabled,
  451  as defined in paragraph (b), after completing 5 years of
  452  creditable service, or a member who becomes totally and
  453  permanently disabled in the line of duty regardless of service,
  454  is entitled to a monthly disability benefit; except that any
  455  member with less than 5 years of creditable service on July 1,
  456  1980, or any person who becomes a member of the Florida
  457  Retirement System on or after such date must have completed 10
  458  years of creditable service before becoming totally and
  459  permanently disabled in order to receive disability retirement
  460  benefits for any disability which occurs other than in the line
  461  of duty. However, if a member employed on July 1, 1980, who has
  462  less than 5 years of creditable service as of that date becomes
  463  totally and permanently disabled after completing 5 years of
  464  creditable service and is found not to have attained fully
  465  insured status for benefits under the federal Social Security
  466  Act, such member is entitled to a monthly disability benefit.
  467         b. Effective July 1, 2001, a member of the pension plan
  468  initially enrolled before January 1, 2014, who becomes totally
  469  and permanently disabled, as defined in paragraph (b), after
  470  completing 8 years of creditable service, or a member who
  471  becomes totally and permanently disabled in the line of duty
  472  regardless of service, is entitled to a monthly disability
  473  benefit.
  474         c. Effective January 1, 2014, a member of the pension plan
  475  initially enrolled on or after January 1, 2014, who becomes
  476  totally and permanently disabled, as defined in paragraph (b),
  477  after completing 10 years of creditable service, or a member who
  478  becomes totally and permanently disabled in the line of duty
  479  regardless of service, is entitled to a monthly disability
  480  benefit.
  481         2. If the division has received from the employer the
  482  required documentation of the member’s termination of
  483  employment, the effective retirement date for a member who
  484  applies and is approved for disability retirement shall be
  485  established by rule of the division.
  486         3. For a member who is receiving Workers’ Compensation
  487  payments, the effective disability retirement date may not
  488  precede the date the member reaches Maximum Medical Improvement
  489  (MMI), unless the member terminates employment before reaching
  490  MMI.
  491         Section 6. Subsection (1), paragraph (i) of subsection (2),
  492  paragraph (b) of subsection (3), subsection (4), paragraph (c)
  493  of subsection (5), subsection (8), and paragraphs (a), (b), (c),
  494  and (h) of subsection (10) of section 121.4501, Florida
  495  Statutes, are amended to read:
  496         121.4501 Florida Retirement System Investment Plan.—
  497         (1) The Trustees of the State Board of Administration shall
  498  establish a defined contribution program called the “Florida
  499  Retirement System Investment Plan” or “investment plan” for
  500  members of the Florida Retirement System under which retirement
  501  benefits will be provided for eligible employees who elect to
  502  participate in the program and for employees initially enrolled
  503  on or after January 1, 2014, in positions covered by the Elected
  504  Officers’ Class or the Senior Management Service Class and are
  505  compulsory members of the investment plan unless otherwise
  506  eligible to withdraw from the system under s. 121.052(3)(d) or
  507  s. 121.055(1)(b)2., or to participate in an optional retirement
  508  program under s. 121.051(1)(a), s. 121.051(2)(c), or s. 121.35.
  509  Investment plan membership continues if there is subsequent
  510  employment in a position covered by another membership class.
  511  The retirement benefits shall be provided through member
  512  directed investments, in accordance with s. 401(a) of the
  513  Internal Revenue Code and related regulations. The employer and
  514  employee shall make contributions, as provided in this section
  515  and ss. 121.571 and 121.71, to the Florida Retirement System
  516  Investment Plan Trust Fund toward the funding of benefits.
  517         (2) DEFINITIONS.—As used in this part, the term:
  518         (i) “Member” or “employee” means an eligible employee who
  519  enrolls in or is defaulted into the investment plan as provided
  520  in subsection (4), a terminated Deferred Retirement Option
  521  Program member as described in subsection (21), or a beneficiary
  522  or alternate payee of a member or employee.
  523         (3) RETIREMENT SERVICE CREDIT; TRANSFER OF BENEFITS.—
  524         (b) Notwithstanding paragraph (a), an eligible employee who
  525  elects to participate in or is defaulted into the investment
  526  plan and establishes one or more individual member accounts may
  527  elect to transfer to the investment plan a sum representing the
  528  present value of the employee’s accumulated benefit obligation
  529  under the pension plan, except as provided in paragraph (4)(b).
  530  Upon transfer, all service credit earned under the pension plan
  531  is nullified for purposes of entitlement to a future benefit
  532  under the pension plan. A member may not transfer the
  533  accumulated benefit obligation balance from the pension plan
  534  after the time period for enrolling in the investment plan has
  535  expired.
  536         1. For purposes of this subsection, the present value of
  537  the member’s accumulated benefit obligation is based upon the
  538  member’s estimated creditable service and estimated average
  539  final compensation under the pension plan, subject to
  540  recomputation under subparagraph 2. For state employees, initial
  541  estimates shall be based upon creditable service and average
  542  final compensation as of midnight on June 30, 2002; for district
  543  school board employees, initial estimates shall be based upon
  544  creditable service and average final compensation as of midnight
  545  on September 30, 2002; and for local government employees,
  546  initial estimates shall be based upon creditable service and
  547  average final compensation as of midnight on December 31, 2002.
  548  The dates specified are the “estimate date” for these employees.
  549  The actuarial present value of the employee’s accumulated
  550  benefit obligation shall be based on the following:
  551         a. The discount rate and other relevant actuarial
  552  assumptions used to value the Florida Retirement System Trust
  553  Fund at the time the amount to be transferred is determined,
  554  consistent with the factors provided in sub-subparagraphs b. and
  555  c.
  556         b. A benefit commencement age, based on the member’s
  557  estimated creditable service as of the estimate date.
  558         c. Except as provided under sub-subparagraph d., for a
  559  member initially enrolled:
  560         (I) Before July 1, 2011, the benefit commencement age is
  561  the younger of the following, but may not be younger than the
  562  member’s age as of the estimate date:
  563         (A) Age 62; or
  564         (B) The age the member would attain if the member completed
  565  30 years of service with an employer, assuming the member worked
  566  continuously from the estimate date, and disregarding any
  567  vesting requirement that would otherwise apply under the pension
  568  plan.
  569         (II) On or after July 1, 2011, the benefit commencement age
  570  is the younger of the following, but may not be younger than the
  571  member’s age as of the estimate date:
  572         (A) Age 65; or
  573         (B) The age the member would attain if the member completed
  574  33 years of service with an employer, assuming the member worked
  575  continuously from the estimate date, and disregarding any
  576  vesting requirement that would otherwise apply under the pension
  577  plan.
  578         d. For members of the Special Risk Class and for members of
  579  the Special Risk Administrative Support Class entitled to retain
  580  the special risk normal retirement date:
  581         (I) Initially enrolled before July 1, 2011, the benefit
  582  commencement age is the younger of the following, but may not be
  583  younger than the member’s age as of the estimate date:
  584         (A) Age 55; or
  585         (B) The age the member would attain if the member completed
  586  25 years of service with an employer, assuming the member worked
  587  continuously from the estimate date, and disregarding any
  588  vesting requirement that would otherwise apply under the pension
  589  plan.
  590         (II) Initially enrolled on or after July 1, 2011, the
  591  benefit commencement age is the younger of the following, but
  592  may not be younger than the member’s age as of the estimate
  593  date:
  594         (A) Age 60; or
  595         (B) The age the member would attain if the member completed
  596  30 years of service with an employer, assuming the member worked
  597  continuously from the estimate date, and disregarding any
  598  vesting requirement that would otherwise apply under the pension
  599  plan.
  600         e. The calculation must disregard vesting requirements and
  601  early retirement reduction factors that would otherwise apply
  602  under the pension plan.
  603         2. For each member who elects to transfer moneys from the
  604  pension plan to his or her account in the investment plan, the
  605  division shall recompute the amount transferred under
  606  subparagraph 1. within 60 days after the actual transfer of
  607  funds based upon the member’s actual creditable service and
  608  actual final average compensation as of the initial date of
  609  participation in the investment plan. If the recomputed amount
  610  differs from the amount transferred by $10 or more, the division
  611  shall:
  612         a. Transfer, or cause to be transferred, from the Florida
  613  Retirement System Trust Fund to the member’s account the excess,
  614  if any, of the recomputed amount over the previously transferred
  615  amount together with interest from the initial date of transfer
  616  to the date of transfer under this subparagraph, based upon the
  617  effective annual interest equal to the assumed return on the
  618  actuarial investment which was used in the most recent actuarial
  619  valuation of the system, compounded annually.
  620         b. Transfer, or cause to be transferred, from the member’s
  621  account to the Florida Retirement System Trust Fund the excess,
  622  if any, of the previously transferred amount over the recomputed
  623  amount, together with interest from the initial date of transfer
  624  to the date of transfer under this subparagraph, based upon 6
  625  percent effective annual interest, compounded annually, pro rata
  626  based on the member’s allocation plan.
  627         3. If contribution adjustments are made as a result of
  628  employer errors or corrections, including plan corrections,
  629  following recomputation of the amount transferred under
  630  subparagraph 1., the member is entitled to the additional
  631  contributions or is responsible for returning any excess
  632  contributions resulting from the correction. However, any return
  633  of such erroneous excess pretax contribution by the plan must be
  634  made within the period allowed by the Internal Revenue Service.
  635  The present value of the member’s accumulated benefit obligation
  636  shall not be recalculated.
  637         4. As directed by the member, the state board shall
  638  transfer or cause to be transferred the appropriate amounts to
  639  the designated accounts within 30 days after the effective date
  640  of the member’s participation in the investment plan unless the
  641  major financial markets for securities available for a transfer
  642  are seriously disrupted by an unforeseen event that causes the
  643  suspension of trading on any national securities exchange in the
  644  country where the securities were issued. In that event, the 30
  645  day period may be extended by a resolution of the state board.
  646  Transfers are not commissionable or subject to other fees and
  647  may be in the form of securities or cash, as determined by the
  648  state board. Such securities are valued as of the date of
  649  receipt in the member’s account.
  650         5. If the state board or the division receives notification
  651  from the United States Internal Revenue Service that this
  652  paragraph or any portion of this paragraph will cause the
  653  retirement system, or a portion thereof, to be disqualified for
  654  tax purposes under the Internal Revenue Code, the portion that
  655  will cause the disqualification does not apply. Upon such
  656  notice, the state board and the division shall notify the
  657  presiding officers of the Legislature.
  658         (4) PARTICIPATION; ENROLLMENT.—
  659         (a)1. Effective June 1, 2002, through February 28, 2003, a
  660  90-day election period was provided to each eligible employee
  661  participating in the Florida Retirement System, preceded by a
  662  90-day education period, permitting each eligible employee to
  663  elect membership in the investment plan, and an employee who
  664  failed to elect the investment plan during the election period
  665  remained in the pension plan. An eligible employee who was
  666  employed in a regularly established position during the election
  667  period was granted the option to make one subsequent election,
  668  as provided in paragraph (f). With respect to an eligible
  669  employees who did not participate in the initial election period
  670  or who are initially employee who is employed in a regularly
  671  established position after the close of the initial election
  672  period but before January 1, 2014, on June 1, 2002, by a state
  673  employer:
  674         a. Any such employee may elect to participate in the
  675  investment plan in lieu of retaining his or her membership in
  676  the pension plan. The election must be made in writing or by
  677  electronic means and must be filed with the third-party
  678  administrator by August 31, 2002, or, in the case of an active
  679  employee who is on a leave of absence on April 1, 2002, by the
  680  last business day of the 5th month following the month the leave
  681  of absence concludes. This election is irrevocable, except as
  682  provided in paragraph (g). Upon making such election, the
  683  employee shall be enrolled as a member of the investment plan,
  684  the employee’s membership in the Florida Retirement System is
  685  governed by the provisions of this part, and the employee’s
  686  membership in the pension plan terminates. The employee’s
  687  enrollment in the investment plan is effective the first day of
  688  the month for which a full month’s employer contribution is made
  689  to the investment plan.
  690         b. Any such employee who fails to elect to participate in
  691  the investment plan within the prescribed time period is deemed
  692  to have elected to retain membership in the pension plan, and
  693  the employee’s option to elect to participate in the investment
  694  plan is forfeited.
  695         2. With respect to employees who become eligible to
  696  participate in the investment plan by reason of employment in a
  697  regularly established position with a state employer commencing
  698  after April 1, 2002:
  699         a. Any such employee shall, by default, be enrolled in the
  700  pension plan at the commencement of employment, and may, by the
  701  last business day of the 5th month following the employee’s
  702  month of hire, elect to participate in the investment plan. The
  703  employee’s election must be made in writing or by electronic
  704  means and must be filed with the third-party administrator. The
  705  election to participate in the investment plan is irrevocable,
  706  except as provided in paragraph (f)(g).
  707         a.b. If the employee files such election within the
  708  prescribed time period, enrollment in the investment plan is
  709  effective on the first day of employment. The retirement
  710  contributions paid through the month of the employee plan change
  711  shall be transferred to the investment program, and, effective
  712  the first day of the next month, the employer and employee must
  713  pay the applicable contributions based on the employee
  714  membership class in the program.
  715         b.c. An employee who fails to elect to participate in the
  716  investment plan within the prescribed time period is deemed to
  717  have elected to retain membership in the pension plan, and the
  718  employee’s option to elect to participate in the investment plan
  719  is forfeited.
  720         2.3. With respect to employees who become eligible to
  721  participate in the investment plan pursuant to s.
  722  121.051(2)(c)3. or s. 121.35(3)(i), the employee may elect to
  723  participate in the investment plan in lieu of retaining his or
  724  her membership in the State Community College System Optional
  725  Retirement Program or the State University System Optional
  726  Retirement Program. The election must be made in writing or by
  727  electronic means and must be filed with the third-party
  728  administrator. This election is irrevocable, except as provided
  729  in paragraph (f)(g). Upon making such election, the employee
  730  shall be enrolled as a member in the investment plan, the
  731  employee’s membership in the Florida Retirement System is
  732  governed by the provisions of this part, and the employee’s
  733  participation in the State Community College System Optional
  734  Retirement Program or the State University System Optional
  735  Retirement Program terminates. The employee’s enrollment in the
  736  investment plan is effective on the first day of the month for
  737  which a full month’s employer and employee contribution is made
  738  to the investment plan.
  739         (b)1. With respect to employees who become eligible to
  740  participate in the investment plan by reason of employment in a
  741  regularly established position commencing on or after January 1,
  742  2014, any such employee shall be enrolled in the pension plan at
  743  the commencement of employment and may, by the last business day
  744  of the 5th month following the employee’s month of hire, elect
  745  to participate in the pension plan or the investment plan.
  746  Eligible employees may make a plan election only if they are
  747  earning service credit in an employer-employee relationship
  748  consistent with s. 121.021(17)(b), excluding leaves of absence
  749  without pay.
  750         2. The employee’s election must be made in writing or by
  751  electronic means and must be filed with the third-party
  752  administrator. The election to participate in the pension plan
  753  or investment plan is irrevocable, except as provided in
  754  paragraph (f).
  755         3. If the employee fails to make an election of the pension
  756  plan or investment plan within 5 months following the month of
  757  hire, the employee is deemed to have elected the investment plan
  758  and will be defaulted into the investment plan retroactively to
  759  the employee’s date of employment. The employee’s option to
  760  participate in the pension plan is forfeited, except as provided
  761  in paragraph (f).
  762         4. The amount of the employee and employer contributions
  763  paid before the default to the investment plan shall be
  764  transferred to the investment plan and shall be placed in a
  765  default fund as designated by the State Board of Administration.
  766  The employee may move the contributions once an account is
  767  activated in the investment plan.
  768         5. Effective the first day of the month after an eligible
  769  employee makes a plan election of the pension plan or investment
  770  plan, or after the month of default to the investment plan, the
  771  employee and employer shall pay the applicable contributions
  772  based on the employee membership class in the pension plan or
  773  investment plan.
  774         4. For purposes of this paragraph, “state employer” means
  775  any agency, board, branch, commission, community college,
  776  department, institution, institution of higher education, or
  777  water management district of the state, which participates in
  778  the Florida Retirement System for the benefit of certain
  779  employees.
  780         (b)1. With respect to an eligible employee who is employed
  781  in a regularly established position on September 1, 2002, by a
  782  district school board employer:
  783         a. Any such employee may elect to participate in the
  784  investment plan in lieu of retaining his or her membership in
  785  the pension plan. The election must be made in writing or by
  786  electronic means and must be filed with the third-party
  787  administrator by November 30, or, in the case of an active
  788  employee who is on a leave of absence on July 1, 2002, by the
  789  last business day of the 5th month following the month the leave
  790  of absence concludes. This election is irrevocable, except as
  791  provided in paragraph (g). Upon making such election, the
  792  employee shall be enrolled as a member of the investment plan,
  793  the employee’s membership in the Florida Retirement System is
  794  governed by the provisions of this part, and the employee’s
  795  membership in the pension plan terminates. The employee’s
  796  enrollment in the investment plan is effective the first day of
  797  the month for which a full month’s employer contribution is made
  798  to the investment program.
  799         b. Any such employee who fails to elect to participate in
  800  the investment plan within the prescribed time period is deemed
  801  to have elected to retain membership in the pension plan, and
  802  the employee’s option to elect to participate in the investment
  803  plan is forfeited.
  804         2. With respect to employees who become eligible to
  805  participate in the investment plan by reason of employment in a
  806  regularly established position with a district school board
  807  employer commencing after July 1, 2002:
  808         a. Any such employee shall, by default, be enrolled in the
  809  pension plan at the commencement of employment, and may, by the
  810  last business day of the 5th month following the employee’s
  811  month of hire, elect to participate in the investment plan. The
  812  employee’s election must be made in writing or by electronic
  813  means and must be filed with the third-party administrator. The
  814  election to participate in the investment plan is irrevocable,
  815  except as provided in paragraph (g).
  816         b. If the employee files such election within the
  817  prescribed time period, enrollment in the investment plan is
  818  effective on the first day of employment. The employer
  819  retirement contributions paid through the month of the employee
  820  plan change shall be transferred to the investment plan, and,
  821  effective the first day of the next month, the employer shall
  822  pay the applicable contributions based on the employee
  823  membership class in the investment plan.
  824         c. Any such employee who fails to elect to participate in
  825  the investment plan within the prescribed time period is deemed
  826  to have elected to retain membership in the pension plan, and
  827  the employee’s option to elect to participate in the investment
  828  plan is forfeited.
  829         3. For purposes of this paragraph, “district school board
  830  employer” means any district school board that participates in
  831  the Florida Retirement System for the benefit of certain
  832  employees, or a charter school or charter technical career
  833  center that participates in the Florida Retirement System as
  834  provided in s. 121.051(2)(d).
  835         (c)1. With respect to an eligible employee who is employed
  836  in a regularly established position on December 1, 2002, by a
  837  local employer:
  838         a. Any such employee may elect to participate in the
  839  investment plan in lieu of retaining his or her membership in
  840  the pension plan. The election must be made in writing or by
  841  electronic means and must be filed with the third-party
  842  administrator by February 28, 2003, or, in the case of an active
  843  employee who is on a leave of absence on October 1, 2002, by the
  844  last business day of the 5th month following the month the leave
  845  of absence concludes. This election is irrevocable, except as
  846  provided in paragraph (g). Upon making such election, the
  847  employee shall be enrolled as a participant of the investment
  848  plan, the employee’s membership in the Florida Retirement System
  849  is governed by the provisions of this part, and the employee’s
  850  membership in the pension plan terminates. The employee’s
  851  enrollment in the investment plan is effective the first day of
  852  the month for which a full month’s employer contribution is made
  853  to the investment plan.
  854         b. Any such employee who fails to elect to participate in
  855  the investment plan within the prescribed time period is deemed
  856  to have elected to retain membership in the pension plan, and
  857  the employee’s option to elect to participate in the investment
  858  plan is forfeited.
  859         2. With respect to employees who become eligible to
  860  participate in the investment plan by reason of employment in a
  861  regularly established position with a local employer commencing
  862  after October 1, 2002:
  863         a. Any such employee shall, by default, be enrolled in the
  864  pension plan at the commencement of employment, and may, by the
  865  last business day of the 5th month following the employee’s
  866  month of hire, elect to participate in the investment plan. The
  867  employee’s election must be made in writing or by electronic
  868  means and must be filed with the third-party administrator. The
  869  election to participate in the investment plan is irrevocable,
  870  except as provided in paragraph (g).
  871         b. If the employee files such election within the
  872  prescribed time period, enrollment in the investment plan is
  873  effective on the first day of employment. The employer
  874  retirement contributions paid through the month of the employee
  875  plan change shall be transferred to the investment plan, and,
  876  effective the first day of the next month, the employer shall
  877  pay the applicable contributions based on the employee
  878  membership class in the investment plan.
  879         c. Any such employee who fails to elect to participate in
  880  the investment plan within the prescribed time period is deemed
  881  to have elected to retain membership in the pension plan, and
  882  the employee’s option to elect to participate in the investment
  883  plan is forfeited.
  884         3. For purposes of this paragraph, “local employer” means
  885  any employer not included in paragraph (a) or paragraph (b).
  886         (c)(d) Contributions available for self-direction by a
  887  member who has not selected one or more specific investment
  888  products shall be allocated as prescribed by the state board.
  889  The third-party administrator shall notify the member at least
  890  quarterly that the member should take an affirmative action to
  891  make an asset allocation among the investment products.
  892         (d)(e) On or after July 1, 2011, a member of the pension
  893  plan who obtains a refund of employee contributions retains his
  894  or her prior plan choice upon return to employment in a
  895  regularly established position with a participating employer.
  896         (e)(f) A member of the investment plan who takes a
  897  distribution of any contributions from his or her investment
  898  plan account is considered a retiree. A retiree who is initially
  899  reemployed in a regularly established position on or after July
  900  1, 2010, is not eligible to be enrolled in renewed membership.
  901         (f)(g) After the period during which an eligible employee
  902  had the choice to elect the pension plan or the investment plan,
  903  or the month following the receipt of the eligible employee’s
  904  plan election, if sooner, the employee shall have one
  905  opportunity, at the employee’s discretion, to choose to move
  906  from the pension plan to the investment plan or from the
  907  investment plan to the pension plan. Eligible employees may
  908  elect to move between plans only if they are earning service
  909  credit in an employer-employee relationship consistent with s.
  910  121.021(17)(b), excluding leaves of absence without pay.
  911  Effective July 1, 2005, such elections are effective on the
  912  first day of the month following the receipt of the election by
  913  the third-party administrator and are not subject to the
  914  requirements regarding an employer-employee relationship or
  915  receipt of contributions for the eligible employee in the
  916  effective month, except when the election is received by the
  917  third-party administrator. This paragraph is contingent upon
  918  approval by the Internal Revenue Service. This paragraph is not
  919  applicable to compulsory investment plan members under paragraph
  920  (g).
  921         1. If the employee chooses to move to the investment plan,
  922  the provisions of subsection (3) govern the transfer.
  923         2. If the employee chooses to move to the pension plan, the
  924  employee must transfer from his or her investment plan account,
  925  and from other employee moneys as necessary, a sum representing
  926  the present value of that employee’s accumulated benefit
  927  obligation immediately following the time of such movement,
  928  determined assuming that attained service equals the sum of
  929  service in the pension plan and service in the investment plan.
  930  Benefit commencement occurs on the first date the employee is
  931  eligible for unreduced benefits, using the discount rate and
  932  other relevant actuarial assumptions that were used to value the
  933  pension plan liabilities in the most recent actuarial valuation.
  934  For any employee who, at the time of the second election,
  935  already maintains an accrued benefit amount in the pension plan,
  936  the then-present value of the accrued benefit is deemed part of
  937  the required transfer amount. The division must ensure that the
  938  transfer sum is prepared using a formula and methodology
  939  certified by an enrolled actuary. A refund of any employee
  940  contributions or additional member payments made which exceed
  941  the employee contributions that would have accrued had the
  942  member remained in the pension plan and not transferred to the
  943  investment plan is not permitted.
  944         3. Notwithstanding subparagraph 2., an employee who chooses
  945  to move to the pension plan and who became eligible to
  946  participate in the investment plan by reason of employment in a
  947  regularly established position with a state employer after June
  948  1, 2002; a district school board employer after September 1,
  949  2002; or a local employer after December 1, 2002, must transfer
  950  from his or her investment plan account, and from other employee
  951  moneys as necessary, a sum representing the employee’s actuarial
  952  accrued liability. A refund of any employee contributions or
  953  additional member participant payments made which exceed the
  954  employee contributions that would have accrued had the member
  955  remained in the pension plan and not transferred to the
  956  investment plan is not permitted.
  957         4. An employee’s ability to transfer from the pension plan
  958  to the investment plan pursuant to paragraphs (a) and (b)
  959  paragraphs (a)-(d), and the ability of a current employee to
  960  have an option to later transfer back into the pension plan
  961  under subparagraph 2., shall be deemed a significant system
  962  amendment. Pursuant to s. 121.031(4), any resulting unfunded
  963  liability arising from actual original transfers from the
  964  pension plan to the investment plan must be amortized within 30
  965  plan years as a separate unfunded actuarial base independent of
  966  the reserve stabilization mechanism defined in s. 121.031(3)(f).
  967  For the first 25 years, a direct amortization payment may not be
  968  calculated for this base. During this 25-year period, the
  969  separate base shall be used to offset the impact of employees
  970  exercising their second program election under this paragraph.
  971  The actuarial funded status of the pension plan will not be
  972  affected by such second program elections in any significant
  973  manner, after due recognition of the separate unfunded actuarial
  974  base. Following the initial 25-year period, any remaining
  975  balance of the original separate base shall be amortized over
  976  the remaining 5 years of the required 30-year amortization
  977  period.
  978         5. If the employee chooses to transfer from the investment
  979  plan to the pension plan and retains an excess account balance
  980  in the investment plan after satisfying the buy-in requirements
  981  under this paragraph, the excess may not be distributed until
  982  the member retires from the pension plan. The excess account
  983  balance may be rolled over to the pension plan and used to
  984  purchase service credit or upgrade creditable service in the
  985  pension plan.
  986         (g)1. All employees initially enrolled on or after January
  987  1, 2014, in positions covered by the Elected Officers’ Class or
  988  the Senior Management Service Class are compulsory members of
  989  the investment plan, except those eligible to withdraw from the
  990  system under s. 121.052(3)(d) or s. 121.055(1)(b)2., or those
  991  eligible for optional retirement programs under s.
  992  121.051(1)(a), s. 121.051(2)(c), or s. 121.35. Employees
  993  eligible to withdraw from the system under s. 121.052(3)(d) or
  994  s. 121.055(1)(b)2. may choose to withdraw from the system or to
  995  participate in the investment plan as provided in those
  996  sections. Employees eligible for optional retirement programs
  997  under s. 121.051(2)(c) or s. 121.35, except as provided in s.
  998  121.051(1)(a), may choose to participate in the optional
  999  retirement program or the investment plan as provided in those
 1000  sections. Investment plan membership continues if there is
 1001  subsequent employment in a position covered by another
 1002  membership class. Membership in the pension plan is not
 1003  permitted except as provided in s. 121.591(2).
 1004         2. Employees initially enrolled on or after January 1,
 1005  2014, are not permitted to use the election opportunity
 1006  specified in paragraph (f).
 1007         3. The amount of retirement contributions paid by the
 1008  employee and employer, as required under s. 121.72, shall be
 1009  placed in a default fund as designated by the state board, until
 1010  an account is activated in the investment plan, at which time
 1011  the member may move the contributions from the default fund to
 1012  other funds provided in the investment plan.
 1013         (5) CONTRIBUTIONS.—
 1014         (c) The state board, acting as plan fiduciary, must ensure
 1015  that all plan assets are held in a trust, pursuant to s. 401 of
 1016  the Internal Revenue Code. The fiduciary must ensure that such
 1017  contributions are allocated as follows:
 1018         1. The employer and employee contribution portion earmarked
 1019  for member accounts shall be used to purchase interests in the
 1020  appropriate investment vehicles as specified by the member, or
 1021  in accordance with paragraph (4)(c) (4)(d).
 1022         2. The employer contribution portion earmarked for
 1023  administrative and educational expenses shall be transferred to
 1024  the Florida Retirement System Investment Plan Trust Fund.
 1025         3. The employer contribution portion earmarked for
 1026  disability benefits shall be transferred to the Florida
 1027  Retirement System Trust Fund.
 1028         (8) INVESTMENT PLAN ADMINISTRATION.—The investment plan
 1029  shall be administered by the state board and affected employers.
 1030  The state board may require oaths, by affidavit or otherwise,
 1031  and acknowledgments from persons in connection with the
 1032  administration of its statutory duties and responsibilities for
 1033  the investment plan. An oath, by affidavit or otherwise, may not
 1034  be required of a member at the time of enrollment.
 1035  Acknowledgment of an employee’s election to participate in the
 1036  program shall be no greater than necessary to confirm the
 1037  employee’s election except for members initially enrolled on or
 1038  after January 1, 2014, as provided in paragraph (4)(g). The
 1039  state board shall adopt rules to carry out its statutory duties
 1040  with respect to administering the investment plan, including
 1041  establishing the roles and responsibilities of affected state,
 1042  local government, and education-related employers, the state
 1043  board, the department, and third-party contractors. The
 1044  department shall adopt rules necessary to administer the
 1045  investment plan in coordination with the pension plan and the
 1046  disability benefits available under the investment plan.
 1047         (a)1. The state board shall select and contract with a
 1048  third-party administrator to provide administrative services if
 1049  those services cannot be competitively and contractually
 1050  provided by the division. With the approval of the state board,
 1051  the third-party administrator may subcontract to provide
 1052  components of the administrative services. As a cost of
 1053  administration, the state board may compensate any such
 1054  contractor for its services, in accordance with the terms of the
 1055  contract, as is deemed necessary or proper by the board. The
 1056  third-party administrator may not be an approved provider or be
 1057  affiliated with an approved provider.
 1058         2. These administrative services may include, but are not
 1059  limited to, enrollment of eligible employees, collection of
 1060  employer and employee contributions, disbursement of
 1061  contributions to approved providers in accordance with the
 1062  allocation directions of members; services relating to
 1063  consolidated billing; individual and collective recordkeeping
 1064  and accounting; asset purchase, control, and safekeeping; and
 1065  direct disbursement of funds to and from the third-party
 1066  administrator, the division, the state board, employers,
 1067  members, approved providers, and beneficiaries. This section
 1068  does not prevent or prohibit a bundled provider from providing
 1069  any administrative or customer service, including accounting and
 1070  administration of individual member benefits and contributions;
 1071  individual member recordkeeping; asset purchase, control, and
 1072  safekeeping; direct execution of the member’s instructions as to
 1073  asset and contribution allocation; calculation of daily net
 1074  asset values; direct access to member account information; or
 1075  periodic reporting to members, at least quarterly, on account
 1076  balances and transactions, if these services are authorized by
 1077  the state board as part of the contract.
 1078         (b)1. The state board shall select and contract with one or
 1079  more organizations to provide educational services. With
 1080  approval of the state board, the organizations may subcontract
 1081  to provide components of the educational services. As a cost of
 1082  administration, the state board may compensate any such
 1083  contractor for its services in accordance with the terms of the
 1084  contract, as is deemed necessary or proper by the board. The
 1085  education organization may not be an approved provider or be
 1086  affiliated with an approved provider.
 1087         2. Educational services shall be designed by the state
 1088  board and department to assist employers, eligible employees,
 1089  members, and beneficiaries in order to maintain compliance with
 1090  United States Department of Labor regulations under s. 404(c) of
 1091  the Employee Retirement Income Security Act of 1974 and to
 1092  assist employees in their choice of pension plan or investment
 1093  plan retirement alternatives. Educational services include, but
 1094  are not limited to, disseminating educational materials;
 1095  providing retirement planning education; explaining the pension
 1096  plan and the investment plan; and offering financial planning
 1097  guidance on matters such as investment diversification,
 1098  investment risks, investment costs, and asset allocation. An
 1099  approved provider may also provide educational information,
 1100  including retirement planning and investment allocation
 1101  information concerning its products and services.
 1102         (c)1. In evaluating and selecting a third-party
 1103  administrator, the state board shall establish criteria for
 1104  evaluating the relative capabilities and qualifications of each
 1105  proposed administrator. In developing such criteria, the state
 1106  board shall consider:
 1107         a. The administrator’s demonstrated experience in providing
 1108  administrative services to public or private sector retirement
 1109  systems.
 1110         b. The administrator’s demonstrated experience in providing
 1111  daily valued recordkeeping to defined contribution programs.
 1112         c. The administrator’s ability and willingness to
 1113  coordinate its activities with employers, the state board, and
 1114  the division, and to supply to such employers, the board, and
 1115  the division the information and data they require, including,
 1116  but not limited to, monthly management reports, quarterly member
 1117  reports, and ad hoc reports requested by the department or state
 1118  board.
 1119         d. The cost-effectiveness and levels of the administrative
 1120  services provided.
 1121         e. The administrator’s ability to interact with the
 1122  members, the employers, the state board, the division, and the
 1123  providers; the means by which members may access account
 1124  information, direct investment of contributions, make changes to
 1125  their accounts, transfer moneys between available investment
 1126  vehicles, and transfer moneys between investment products; and
 1127  any fees that apply to such activities.
 1128         f. Any other factor deemed necessary by the state board.
 1129         2. In evaluating and selecting an educational provider, the
 1130  state board shall establish criteria under which it shall
 1131  consider the relative capabilities and qualifications of each
 1132  proposed educational provider. In developing such criteria, the
 1133  state board shall consider:
 1134         a. Demonstrated experience in providing educational
 1135  services to public or private sector retirement systems.
 1136         b. Ability and willingness to coordinate its activities
 1137  with the employers, the state board, and the division, and to
 1138  supply to such employers, the board, and the division the
 1139  information and data they require, including, but not limited
 1140  to, reports on educational contacts.
 1141         c. The cost-effectiveness and levels of the educational
 1142  services provided.
 1143         d. Ability to provide educational services via different
 1144  media, including, but not limited to, the Internet, personal
 1145  contact, seminars, brochures, and newsletters.
 1146         e. Any other factor deemed necessary by the state board.
 1147         3. The establishment of the criteria shall be solely within
 1148  the discretion of the state board.
 1149         (d) The state board shall develop the form and content of
 1150  any contracts to be offered under the investment plan. In
 1151  developing the contracts, the board shall consider:
 1152         1. The nature and extent of the rights and benefits to be
 1153  afforded in relation to the contributions required under the
 1154  plan.
 1155         2. The suitability of the rights and benefits provided and
 1156  the interests of employers in the recruitment and retention of
 1157  eligible employees.
 1158         (e)1. The state board may contract for professional
 1159  services, including legal, consulting, accounting, and actuarial
 1160  services, deemed necessary to implement and administer the
 1161  investment plan. The state board may enter into a contract with
 1162  one or more vendors to provide low-cost investment advice to
 1163  members, supplemental to education provided by the third-party
 1164  administrator. All fees under any such contract shall be paid by
 1165  those members who choose to use the services of the vendor.
 1166         2. The department may contract for professional services,
 1167  including legal, consulting, accounting, and actuarial services,
 1168  deemed necessary to implement and administer the investment plan
 1169  in coordination with the pension plan. The department, in
 1170  coordination with the state board, may enter into a contract
 1171  with the third-party administrator in order to coordinate
 1172  services common to the various programs within the Florida
 1173  Retirement System.
 1174         (f) The third-party administrator may not receive direct or
 1175  indirect compensation from an approved provider, except as
 1176  specifically provided for in the contract with the state board.
 1177         (g) The state board shall receive and resolve member
 1178  complaints against the program, the third-party administrator,
 1179  or any program vendor or provider; shall resolve any conflict
 1180  between the third-party administrator and an approved provider
 1181  if such conflict threatens the implementation or administration
 1182  of the program or the quality of services to employees; and may
 1183  resolve any other conflicts. The third-party administrator shall
 1184  retain all member records for at least 5 years for use in
 1185  resolving any member conflicts. The state board, the third-party
 1186  administrator, or a provider is not required to produce
 1187  documentation or an audio recording to justify action taken with
 1188  regard to a member if the action occurred 5 or more years before
 1189  the complaint is submitted to the state board. It is presumed
 1190  that all action taken 5 or more years before the complaint is
 1191  submitted was taken at the request of the member and with the
 1192  member’s full knowledge and consent. To overcome this
 1193  presumption, the member must present documentary evidence or an
 1194  audio recording demonstrating otherwise.
 1195         (10) EDUCATION COMPONENT.—
 1196         (a) The state board, in coordination with the department,
 1197  shall provide for an education component for eligible employees
 1198  system members in a manner consistent with the provisions of
 1199  this subsection section. The education component must be
 1200  available to eligible employees at least 90 days prior to the
 1201  beginning date of the election period for the employees of the
 1202  respective types of employers.
 1203         (b) The education component must provide system members
 1204  with impartial and balanced information about plan choices
 1205  except for members initially enrolled on or after January 1,
 1206  2014, as provided in paragraph (4)(g). The education component
 1207  must involve multimedia formats. Program comparisons must, to
 1208  the greatest extent possible, be based upon the retirement
 1209  income that different retirement programs may provide to the
 1210  member. The state board shall monitor the performance of the
 1211  contract to ensure that the program is conducted in accordance
 1212  with the contract, applicable law, and the rules of the state
 1213  board.
 1214         (c) The state board, in coordination with the department,
 1215  shall provide for an initial and ongoing transfer education
 1216  component to provide system members except for those members
 1217  initially enrolled on or after January 1, 2014, as provided in
 1218  paragraph (4)(g), with information necessary to make informed
 1219  plan choice decisions. The transfer education component must
 1220  include, but is not limited to, information on:
 1221         1. The amount of money available to a member to transfer to
 1222  the defined contribution program.
 1223         2. The features of and differences between the pension plan
 1224  and the defined contribution program, both generally and
 1225  specifically, as those differences may affect the member.
 1226         3. The expected benefit available if the member were to
 1227  retire under each of the retirement programs, based on
 1228  appropriate alternative sets of assumptions.
 1229         4. The rate of return from investments in the defined
 1230  contribution program and the period of time over which such rate
 1231  of return must be achieved to equal or exceed the expected
 1232  monthly benefit payable to the member under the pension plan.
 1233         5. The historical rates of return for the investment
 1234  alternatives available in the defined contribution programs.
 1235         6. The benefits and historical rates of return on
 1236  investments available in a typical deferred compensation plan or
 1237  a typical plan under s. 403(b) of the Internal Revenue Code for
 1238  which the employee may be eligible.
 1239         7. The program choices available to employees of the State
 1240  University System and the comparative benefits of each available
 1241  program, if applicable.
 1242         8. Payout options available in each of the retirement
 1243  programs.
 1244         (h) Pursuant to subsection (8), all Florida Retirement
 1245  System employers have an obligation to regularly communicate the
 1246  existence of the two Florida Retirement System plans and the
 1247  plan choice in the natural course of administering their
 1248  personnel functions, using the educational materials supplied by
 1249  the state board and the Department of Management Services.
 1250         Section 7. Paragraph (b) of subsection (2) of section
 1251  121.591, Florida Statutes, is amended to read:
 1252         121.591 Payment of benefits.—Benefits may not be paid under
 1253  the Florida Retirement System Investment Plan unless the member
 1254  has terminated employment as provided in s. 121.021(39)(a) or is
 1255  deceased and a proper application has been filed as prescribed
 1256  by the state board or the department. Benefits, including
 1257  employee contributions, are not payable under the investment
 1258  plan for employee hardships, unforeseeable emergencies, loans,
 1259  medical expenses, educational expenses, purchase of a principal
 1260  residence, payments necessary to prevent eviction or foreclosure
 1261  on an employee’s principal residence, or any other reason except
 1262  a requested distribution for retirement, a mandatory de minimis
 1263  distribution authorized by the administrator, or a required
 1264  minimum distribution provided pursuant to the Internal Revenue
 1265  Code. The state board or department, as appropriate, may cancel
 1266  an application for retirement benefits if the member or
 1267  beneficiary fails to timely provide the information and
 1268  documents required by this chapter and the rules of the state
 1269  board and department. In accordance with their respective
 1270  responsibilities, the state board and the department shall adopt
 1271  rules establishing procedures for application for retirement
 1272  benefits and for the cancellation of such application if the
 1273  required information or documents are not received. The state
 1274  board and the department, as appropriate, are authorized to cash
 1275  out a de minimis account of a member who has been terminated
 1276  from Florida Retirement System covered employment for a minimum
 1277  of 6 calendar months. A de minimis account is an account
 1278  containing employer and employee contributions and accumulated
 1279  earnings of not more than $5,000 made under the provisions of
 1280  this chapter. Such cash-out must be a complete lump-sum
 1281  liquidation of the account balance, subject to the provisions of
 1282  the Internal Revenue Code, or a lump-sum direct rollover
 1283  distribution paid directly to the custodian of an eligible
 1284  retirement plan, as defined by the Internal Revenue Code, on
 1285  behalf of the member. Any nonvested accumulations and associated
 1286  service credit, including amounts transferred to the suspense
 1287  account of the Florida Retirement System Investment Plan Trust
 1288  Fund authorized under s. 121.4501(6), shall be forfeited upon
 1289  payment of any vested benefit to a member or beneficiary, except
 1290  for de minimis distributions or minimum required distributions
 1291  as provided under this section. If any financial instrument
 1292  issued for the payment of retirement benefits under this section
 1293  is not presented for payment within 180 days after the last day
 1294  of the month in which it was originally issued, the third-party
 1295  administrator or other duly authorized agent of the state board
 1296  shall cancel the instrument and credit the amount of the
 1297  instrument to the suspense account of the Florida Retirement
 1298  System Investment Plan Trust Fund authorized under s.
 1299  121.4501(6). Any amounts transferred to the suspense account are
 1300  payable upon a proper application, not to include earnings
 1301  thereon, as provided in this section, within 10 years after the
 1302  last day of the month in which the instrument was originally
 1303  issued, after which time such amounts and any earnings
 1304  attributable to employer contributions shall be forfeited. Any
 1305  forfeited amounts are assets of the trust fund and are not
 1306  subject to chapter 717.
 1307         (2) DISABILITY RETIREMENT BENEFITS.—Benefits provided under
 1308  this subsection are payable in lieu of the benefits that would
 1309  otherwise be payable under the provisions of subsection (1).
 1310  Such benefits must be funded from employer contributions made
 1311  under s. 121.571, transferred employee contributions and funds
 1312  accumulated pursuant to paragraph (a), and interest and earnings
 1313  thereon.
 1314         (b) Disability retirement; entitlement.—
 1315         1.a. A member of the investment plan initially enrolled
 1316  before January 1, 2014, who becomes totally and permanently
 1317  disabled, as defined in paragraph (d), after completing 8 years
 1318  of creditable service, or a member who becomes totally and
 1319  permanently disabled in the line of duty regardless of length of
 1320  service, is entitled to a monthly disability benefit.
 1321         b. A member of the investment plan initially enrolled on or
 1322  after January 1, 2014, who becomes totally and permanently
 1323  disabled, as defined in paragraph (d), after completing 10 years
 1324  of creditable service, or a member who becomes totally and
 1325  permanently disabled in the line of duty regardless of service,
 1326  is entitled to a monthly disability benefit.
 1327         2. In order for service to apply toward the 8 years of
 1328  creditable service required for regular disability benefits, or
 1329  toward the creditable service used in calculating a service
 1330  based benefit as provided under paragraph (g), the service must
 1331  be creditable service as described below:
 1332         a. The member’s period of service under the investment plan
 1333  shall be considered creditable service, except as provided in
 1334  subparagraph d.
 1335         b. If the member has elected to retain credit for service
 1336  under the pension plan as provided under s. 121.4501(3), all
 1337  such service shall be considered creditable service.
 1338         c. If the member elects to transfer to his or her member
 1339  accounts a sum representing the present value of his or her
 1340  retirement credit under the pension plan as provided under s.
 1341  121.4501(3), the period of service under the pension plan
 1342  represented in the present value amounts transferred shall be
 1343  considered creditable service, except as provided in
 1344  subparagraph d.
 1345         d. If a member has terminated employment and has taken
 1346  distribution of his or her funds as provided in subsection (1),
 1347  all creditable service represented by such distributed funds is
 1348  forfeited for purposes of this subsection.
 1349         Section 8. Subsection (3) of section 121.71, Florida
 1350  Statutes, is amended to read:
 1351         121.71 Uniform rates; process; calculations; levy.—
 1352         (3)(a) Required employee retirement contribution rates for
 1353  each membership class and subclass of the Florida Retirement
 1354  System for the pension plan both retirement plans are as
 1355  follows:
 1356  Membership Class                               Percentage ofGrossCompensation,EffectiveJuly 1, 2011
 1357                                                 
 1358  Regular Class                                          3.00%        
 1359  Special Risk Class                                     3.00%        
 1360  Special Risk Administrative Support Class              3.00%        
 1361  Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders        3.00%        
 1362  Elected Officers’ Class— Justices, Judges              3.00%        
 1363  Elected Officers’ Class— County Elected Officers        3.00%        
 1364  Senior Management Service Class                        3.00%        
 1365  DROP                                                   0.00%        
 1366         (b) Required employee retirement contribution rates for
 1367  each membership class and subclass of the Florida Retirement
 1368  System for the investment plan are as follows:
 1369  Membership Class    Percentage ofGrossCompensation,EffectiveJuly 1, 2011Percentage ofGrossCompensation,EffectiveJanuary 1, 2014
 1370                      
 1371  Regular Class            3.00%          2.00%     
 1372  Special Risk Class       3.00%          2.00%     
 1373  Special Risk Administrative Support Class     3.00%          2.00%     
 1374  Elected Officers’ Class—Legislators, Governor,Lt. Governor,Cabinet Officers,State Attorneys,Public Defenders     3.00%          2.00%     
 1375  Elected Officers’ Class—Justices, Judges     3.00%          2.00%     
 1376  Elected Officers’ Class—County Elected Officers     3.00%          2.00%     
 1377  Senior Management Service Class     3.00%          2.00%     
 1378         Section 9. Paragraph (a) of subsection (4) of section
 1379  121.35, Florida Statutes, is amended to read:
 1380         121.35 Optional retirement program for the State University
 1381  System.—
 1382         (4) CONTRIBUTIONS.—
 1383         (a)1. Through June 30, 2001, each employer shall contribute
 1384  on behalf of each member of the optional retirement program an
 1385  amount equal to the normal cost portion of the employer
 1386  retirement contribution which would be required if the employee
 1387  were a regular member of the Florida Retirement System Pension
 1388  Plan, plus the portion of the contribution rate required in s.
 1389  112.363(8) that would otherwise be assigned to the Retiree
 1390  Health Insurance Subsidy Trust Fund.
 1391         2. Effective July 1, 2001, through June 30, 2011, each
 1392  employer shall contribute on behalf of each member of the
 1393  optional retirement program an amount equal to 10.43 percent of
 1394  the employee’s gross monthly compensation.
 1395         3. Effective July 1, 2011, through June 30, 2012, each
 1396  member of the optional retirement program shall contribute an
 1397  amount equal to the employee contribution required in s.
 1398  121.71(3)(a). The employer shall contribute on behalf of each
 1399  such member an amount equal to the difference between 10.43
 1400  percent of the employee’s gross monthly compensation and the
 1401  amount equal to the employee’s required contribution based on
 1402  the employee’s gross monthly compensation.
 1403         4. Effective July 1, 2012, each member of the optional
 1404  retirement program shall contribute an amount equal to the
 1405  employee contribution required in s. 121.71(3)(a). The employer
 1406  shall contribute on behalf of each such member an amount equal
 1407  to the difference between 8.15 percent of the employee’s gross
 1408  monthly compensation and the amount equal to the employee’s
 1409  required contribution based on the employee’s gross monthly
 1410  compensation.
 1411         5. The payment of the contributions, including
 1412  contributions by the employee, shall be made by the employer to
 1413  the department, which shall forward the contributions to the
 1414  designated company or companies contracting for payment of
 1415  benefits for members of the program. However, such contributions
 1416  paid on behalf of an employee described in paragraph (3)(c) may
 1417  not be forwarded to a company and do not begin to accrue
 1418  interest until the employee has executed a contract and notified
 1419  the department. The department shall deduct an amount from the
 1420  contributions to provide for the administration of this program.
 1421         Section 10. Section 238.072, Florida Statutes, is amended
 1422  to read:
 1423         238.072 Special service provisions for extension
 1424  personnel.—All state and county cooperative extension personnel
 1425  holding appointments by the United States Department of
 1426  Agriculture for extension work in agriculture and home economics
 1427  in this state who are joint representatives of the University of
 1428  Florida and the United States Department of Agriculture, as
 1429  provided in s. 121.051(8) 121.051(7), who are members of the
 1430  Teachers’ Retirement System, chapter 238, and who are prohibited
 1431  from transferring to and participating in the Florida Retirement
 1432  System, chapter 121, may retire with full benefits upon
 1433  completion of 30 years of creditable service and shall be
 1434  considered to have attained normal retirement age under this
 1435  chapter, any law to the contrary notwithstanding. In order to
 1436  comply with the provisions of s. 14, Art. X of the State
 1437  Constitution, any liability accruing to the Florida Retirement
 1438  System Trust Fund as a result of the provisions of this section
 1439  shall be paid on an annual basis from the General Revenue Fund.
 1440         Section 11. Subsection (11) of section 413.051, Florida
 1441  Statutes, is amended to read:
 1442         413.051 Eligible blind persons; operation of vending
 1443  stands.—
 1444         (11) Effective July 1, 1996, blind licensees who remain
 1445  members of the Florida Retirement System pursuant to s.
 1446  121.051(7)(b)1. 121.051(6)(b)1. shall pay any unappropriated
 1447  retirement costs from their net profits or from program income.
 1448  Within 30 days after the effective date of this act, each blind
 1449  licensee who is eligible to maintain membership in the Florida
 1450  Retirement System under s. 121.051(7)(b)1. 121.051(6)(b)1., but
 1451  who elects to withdraw from the system as provided in s.
 1452  121.051(7)(b)3. 121.051(6)(b)3., must, on or before July 31,
 1453  1996, notify the Division of Blind Services and the Department
 1454  of Management Services in writing of his or her election to
 1455  withdraw. Failure to timely notify the divisions shall be deemed
 1456  a decision to remain a compulsory member of the Florida
 1457  Retirement System. However, if, at any time after July 1, 1996,
 1458  sufficient funds are not paid by a blind licensee to cover the
 1459  required contribution to the Florida Retirement System, that
 1460  blind licensee shall become ineligible to participate in the
 1461  Florida Retirement System on the last day of the first month for
 1462  which no contribution is made or the amount contributed is
 1463  insufficient to cover the required contribution. For any blind
 1464  licensee who becomes ineligible to participate in the Florida
 1465  Retirement System as described in this subsection, no creditable
 1466  service shall be earned under the Florida Retirement System for
 1467  any period following the month that retirement contributions
 1468  ceased to be reported. However, any such person may participate
 1469  in the Florida Retirement System in the future if employed by a
 1470  participating employer in a covered position.
 1471         Section 12. Paragraph (a) of subsection (4) of section
 1472  1012.875, Florida Statutes, is amended to read:
 1473         1012.875 State Community College System Optional Retirement
 1474  Program.—Each Florida College System institution may implement
 1475  an optional retirement program, if such program is established
 1476  therefor pursuant to s. 1001.64(20), under which annuity or
 1477  other contracts providing retirement and death benefits may be
 1478  purchased by, and on behalf of, eligible employees who
 1479  participate in the program, in accordance with s. 403(b) of the
 1480  Internal Revenue Code. Except as otherwise provided herein, this
 1481  retirement program, which shall be known as the State Community
 1482  College System Optional Retirement Program, may be implemented
 1483  and administered only by an individual Florida College System
 1484  institution or by a consortium of Florida College System
 1485  institutions.
 1486         (4)(a)1. Through June 30, 2011, each college must
 1487  contribute on behalf of each program member an amount equal to
 1488  10.43 percent of the employee’s gross monthly compensation.
 1489         2. Effective July 1, 2011, through June 30, 2012, each
 1490  member shall contribute an amount equal to the employee
 1491  contribution required under s. 121.71(3)(a). The employer shall
 1492  contribute on behalf of each program member an amount equal to
 1493  the difference between 10.43 percent of the employee’s gross
 1494  monthly compensation and the employee’s required contribution
 1495  based on the employee’s gross monthly compensation.
 1496         3. Effective July 1, 2012, each member shall contribute an
 1497  amount equal to the employee contribution required under s.
 1498  121.71(3)(a). The employer shall contribute on behalf of each
 1499  program member an amount equal to the difference between 8.15
 1500  percent of the employee’s gross monthly compensation and the
 1501  employee’s required contribution based on the employee’s gross
 1502  monthly compensation.
 1503         4. The college shall deduct an amount approved by the
 1504  district board of trustees of the college to provide for the
 1505  administration of the optional retirement program. Payment of
 1506  this contribution must be made directly by the college or
 1507  through the program administrator to the designated company
 1508  contracting for payment of benefits to the program member.
 1509         Section 13. (1) In order to fund the benefit changes
 1510  provided for in this act, the required employer contribution
 1511  rates of the Florida Retirement System established in 121.71(4),
 1512  Florida Statutes, shall be adjusted as follows:
 1513         (a) The Regular Class is increased by X.XX percentage
 1514  points.
 1515         (b) The Special Risk Class is increased by X.XX percentage
 1516  points.
 1517         (c) The Special Risk Administrative Support Class is
 1518  increased by X.XX percentage points.
 1519         (d) The Elected Officers’ Class—Legislators, Governor, Lt.
 1520  Governor, Cabinet Officers, State Attorneys, Public Defenders is
 1521  increased by X.XX percentage points.
 1522         (e) The Elected Officers’ Class—Justices, Judges is
 1523  increased by X.XX percentage points.
 1524         (f) The Elected Officer’s Class—County Elected Officers is
 1525  increased by X.XX percentage points.
 1526         (g) The Senior Management Service Class is increased by
 1527  X.XX percentage points.
 1528         (h) The DROP class is increased by X.XX percentage points.
 1529         (2) In order to fund for the benefit changes provided for
 1530  in this act, the required employer contribution rates for the
 1531  unfunded actuarial liability of the Florida Retirement System
 1532  established in s. 121.71(5), Florida Statutes, shall be adjusted
 1533  as follows:
 1534         (a) The Regular Class is increased by X.XX percentage
 1535  points.
 1536         (b) The Special Risk Class is increased by X.XX percentage
 1537  points.
 1538         (c) The Special Risk Administrative Support Class is
 1539  increased by X.XX percentage points.
 1540         (d) The Elected Officers’ Class—Legislators, Governor, Lt.
 1541  Governor, Cabinet Officers, State Attorneys, Public Defenders is
 1542  increased by X.XX percentage points.
 1543         (e) The Elected Officers’ Class—Justices, Judges is
 1544  increased by X.XX percentage points.
 1545         (f) The Elected Officer’s Class—County Elected Officers is
 1546  increased by X.XX percentage points.
 1547         (g) The Senior Management Service Class is increased by
 1548  X.XX percentage points.
 1549         (h) The DROP class is increased by X.XX percentage points.
 1550         (3) The adjustments provided in subsections (1) and (2)
 1551  shall be made in addition to other changes to such contribution
 1552  rates which may be enacted into law to take effect on July 1,
 1553  2013, and July 1, 2014. The Division of Law Revision and
 1554  Information is requested to adjust accordingly the contribution
 1555  rates provided in s. 121.71, Florida Statutes.
 1556         Section 14. The Legislature finds that a proper and
 1557  legitimate state purpose is served when employees and retirees
 1558  of the state and its political subdivisions, and the dependents,
 1559  survivors, and beneficiaries of such employees and retirees, are
 1560  extended the basic protections afforded by governmental
 1561  retirement systems. These persons must be provided benefits that
 1562  are fair and adequate and that are managed, administered, and
 1563  funded in an actuarially sound manner, as required by s. 14,
 1564  Article X of the State Constitution and part VII of chapter 112,
 1565  Florida Statutes. Therefore, the Legislature determines and
 1566  declares that this act fulfills an important state interest.
 1567         Section 15. This act shall take effect January 1, 2014.