Florida Senate - 2013         (PROPOSED COMMITTEE BILL) SPB 7122
       
       
       
       FOR CONSIDERATION By the Committee on Governmental Oversight and
       Accountability
       
       
       
       585-01622B-13                                         20137122__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Retirement System;
    3         amending ss. 112.363, 121.052, 121.055, and 121.071,
    4         F.S.; revising the employer contribution rates for the
    5         retiree health insurance subsidy; amending s. 121.71,
    6         F.S.; revising the required employer retirement
    7         contribution rates for members of each membership
    8         class and subclass of the Florida Retirement System;
    9         providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (8) of section 112.363, Florida
   14  Statutes, is amended to read:
   15         112.363 Retiree health insurance subsidy.—
   16         (8) CONTRIBUTIONS.—For purposes of funding the insurance
   17  subsidy provided by this section:
   18         (a) Beginning October 1, 1987, the employer of each member
   19  of a state-administered retirement plan shall contribute 0.24
   20  percent of gross compensation each pay period.
   21         (b) Beginning January 1, 1989, the employer of each member
   22  of a state-administered retirement plan shall contribute 0.48
   23  percent of gross compensation each pay period.
   24         (c) Beginning January 1, 1994, the employer of each member
   25  of a state-administered retirement plan shall contribute 0.56
   26  percent of gross compensation each pay period.
   27         (d) Beginning January 1, 1995, the employer of each member
   28  of a state-administered retirement plan shall contribute 0.66
   29  percent of gross compensation each pay period.
   30         (e) Beginning July 1, 1998, the employer of each member of
   31  a state-administered retirement plan shall contribute 0.94
   32  percent of gross compensation each pay period.
   33         (f) Beginning July 1, 2001, the employer of each member of
   34  a state-administered plan shall contribute 1.11 percent of gross
   35  compensation each pay period.
   36         (g) Beginning July 1, 2013, the employer of each member of
   37  a state-administered plan shall contribute 1.25 percent of gross
   38  compensation each pay period.
   39  
   40  Such contributions shall be submitted to the Department of
   41  Management Services and deposited in the Retiree Health
   42  Insurance Subsidy Trust Fund.
   43         Section 2. Subsection (7) of section 121.052, Florida
   44  Statutes, is amended to read:
   45         121.052 Membership class of elected officers.—
   46         (7) CONTRIBUTIONS.—
   47         (a) The following table states the required retirement
   48  contribution rates for members of the Elected Officers’ Class
   49  and their employers in terms of a percentage of the member’s
   50  gross compensation. A change in a contribution rate is effective
   51  with the first salary paid on or after the beginning date of the
   52  change. Contributions shall be made or deducted as may be
   53  appropriate for each pay period and are in addition to the
   54  contributions required for social security and the Retiree
   55  Health Insurance Subsidy Trust Fund.
   56         1.
   57  Dates of Contribution Rate Changes              Members  Employers  
   58                                                 
   59  July 1, 2001, through June 30, 2002            
   60   Legislators                                      0%       15.14%   
   61   Governor, Lt. Governor, Cabinet Officers         0%       15.14%   
   62   State Attorneys, Public Defenders                0%       15.14%   
   63   Justices, Judges                                 0%       20.61%   
   64   County Elected Officers                          0%       17.61%   
   65         2. Effective July 1, 2002, the required retirement
   66  contribution rates shall be specified in s. 121.71.
   67         (b) The employer paying the salary of a member of the
   68  Elected Officers’ Class shall contribute an amount as specified
   69  in this subsection or s. 121.71, as appropriate, which shall
   70  constitute the employer retirement contribution with respect to
   71  such member. The employer shall also withhold one-half of the
   72  entire contribution of the member required for social security
   73  coverage. Effective July 1, 2011, each member of the Elected
   74  Officers’ Class shall pay employee contributions as specified in
   75  s. 121.71.
   76         (c) If a member of the Elected Officers’ Class ceases to
   77  fill an office covered by this class for 3 calendar months for
   78  any reason other than retirement and has not been employed in
   79  any capacity with any participating employer for 3 calendar
   80  months, the member may receive a refund of all contributions he
   81  or she has made to the pension plan, subject to the restrictions
   82  otherwise provided in this chapter. Partial refunds are not
   83  permitted. The refund shall not include any interest earnings on
   84  the contributions for a member of the pension plan. Employer
   85  contributions made on behalf of the member are not refundable. A
   86  member may not receive a refund of employee contributions if a
   87  pending or an approved qualified domestic relations order is
   88  filed against the member’s retirement account. By obtaining a
   89  refund of contributions, a member waives all rights under the
   90  Florida Retirement System and the health insurance subsidy
   91  provided under s. 112.363 to the service credit represented by
   92  the refunded contributions, except the right to purchase his or
   93  her prior service credit in accordance with s. 121.081(2).
   94         (d) The following table states the required employer
   95  contribution on behalf of each member of the Elected Officers’
   96  Class in terms of a percentage of the member’s gross
   97  compensation. Such contribution constitutes the entire health
   98  insurance subsidy contribution with respect to each such member.
   99  A change in the contribution rate is effective with the first
  100  salary paid on or after the beginning date of the change. The
  101  retiree health insurance subsidy contribution rate is as
  102  follows:
  103  Dates of Contribution Rate Changes                  ContributionRate
  104  October 1, 1987, through December 31, 1988               0.24%      
  105  January 1, 1989, through December 31, 1993               0.48%      
  106  January 1, 1994, through December 31, 1994               0.56%      
  107  January 1, 1995, through June 30, 1998                   0.66%      
  108  July 1, 1998, through June 30, 2001                      0.94%      
  109  Effective July 1, 2001, through June 30, 2013            1.11%      
  110  Effective July 1, 2013                                   1.25%      
  111  Such contributions and accompanying payroll data are due and
  112  payable no later than the 5th working day of the month
  113  immediately following the month during which the payroll period
  114  ended and shall be deposited by the administrator in the Retiree
  115  Health Insurance Subsidy Trust Fund.
  116         Section 3. Subsection (3) of section 121.055, Florida
  117  Statutes, is amended to read:
  118         121.055 Senior Management Service Class.—There is hereby
  119  established a separate class of membership within the Florida
  120  Retirement System to be known as the “Senior Management Service
  121  Class,” which shall become effective February 1, 1987.
  122         (3)(a) The following table states the required retirement
  123  contribution rates for members of the Senior Management Service
  124  Class and their employers in terms of a percentage of the
  125  member’s gross compensation. A change in the contribution rate
  126  is effective with the first salary paid on or after the
  127  beginning date of the change. Contributions shall be made for
  128  each pay period and are in addition to the contributions
  129  required for social security and the Retiree Health Insurance
  130  Subsidy Trust Fund.
  131         1.
  132  Dates of Contribution Rate Changes            Members    Employers  
  133                                               
  134  July 1, 2001, through June 30, 2002              0%       11.73%    
  135         2. Effective July 1, 2002, the required retirement
  136  contribution rate shall be as specified in s. 121.71.
  137         (b) The employer paying the salary of a member of the
  138  Senior Management Service Class shall contribute an amount as
  139  specified in this section or s. 121.71, as appropriate, which
  140  shall constitute the entire employer retirement contribution
  141  with respect to such member. The employer shall also withhold
  142  one-half of the entire contribution of the member required for
  143  social security coverage. Effective July 1, 2011, each member
  144  shall pay employee contributions as specified in s. 121.71.
  145         (c) Upon termination of employment from all participating
  146  employers for 3 calendar months for any reason other than
  147  retirement pursuant to s. 121.021(39)(c), a member may receive a
  148  refund of all contributions he or she has made to the pension
  149  plan, subject to the restrictions otherwise provided in this
  150  chapter. Partial refunds are not permitted. The refund shall not
  151  include any interest earnings on the contributions for a member
  152  of the pension plan. Employer contributions made on behalf of
  153  the member are not refundable. A member may not receive a refund
  154  of employee contributions if a pending or an approved qualified
  155  domestic relations order is filed against the member’s
  156  retirement account. By obtaining a refund of contributions, a
  157  member waives all rights under the Florida Retirement System and
  158  the health insurance subsidy provided under s. 112.363 to the
  159  service credit represented by the refunded contributions, except
  160  the right to purchase his or her prior service credit in
  161  accordance with s. 121.081(2).
  162         (d) The following table states the required employer
  163  contribution on behalf of each member of the Senior Management
  164  Service Class in terms of a percentage of the member’s gross
  165  compensation. Such contribution constitutes the entire health
  166  insurance subsidy contribution with respect to each such member.
  167  A change in the contribution rate is effective with the first
  168  salary paid on or after the beginning date of the change. The
  169  retiree health insurance subsidy contribution rate is as
  170  follows:
  171  Dates of Contribution Rate Changes                  ContributionRate
  172                                                      
  173  October 1, 1987, through December 31, 1988               0.24%      
  174  January 1, 1989, through December 31, 1993               0.48%      
  175  January 1, 1994, through December 31, 1994               0.56%      
  176  January 1, 1995, through June 30, 1998                   0.66%      
  177  July 1, 1998, through June 30, 2001                      0.94%      
  178  Effective July 1, 2001, through June 30, 2013            1.11%      
  179  Effective July 1, 2013                                   1.25%      
  180  Such contributions and accompanying payroll data are due and
  181  payable no later than the 5th working day of the month
  182  immediately following the month during which the payroll period
  183  ended and shall be deposited by the administrator in the Retiree
  184  Health Insurance Subsidy Trust Fund.
  185         Section 4. Subsection (4) of section 121.071, Florida
  186  Statutes, is amended to read:
  187         121.071 Contributions.—Contributions to the system shall be
  188  made as follows:
  189         (4) The following table states the required employer
  190  contribution on behalf of each member of the Regular Class,
  191  Special Risk Class, or Special Risk Administrative Support Class
  192  in terms of a percentage of the member’s gross compensation.
  193  Such contribution constitutes the entire health insurance
  194  subsidy contribution with respect to each such member. A change
  195  in the contribution rate is effective with the first salary paid
  196  on or after the beginning date of the change. The retiree health
  197  insurance subsidy contribution rate is as follows:
  198  Dates of Contribution Rate Changes                  ContributionRate
  199  October 1, 1987, through December 31, 1988               0.24%      
  200  January 1, 1989, through December 31, 1993               0.48%      
  201  January 1, 1994, through December 31, 1994               0.56%      
  202  January 1, 1995, through June 30, 1998                   0.66%      
  203  July 1, 1998, through June 30, 2001                      0.94%      
  204  Effective July 1, 2001, through June 30, 2013            1.11%      
  205  Effective July 1, 2013                                   1.25%      
  206  Such contributions shall be deposited by the administrator in
  207  the Retiree Health Insurance Subsidy Trust Fund.
  208         Section 5. Subsections (4) and (5) of section 121.71,
  209  Florida Statutes, are amended to read:
  210         121.71 Uniform rates; process; calculations; levy.—
  211         (4) Required employer retirement contribution rates for
  212  each membership class and subclass of the Florida Retirement
  213  System for both retirement plans are as follows:
  214  Membership Class                Percentage ofGrossCompensation,EffectiveJuly 1, 2013 2012Percentage ofGrossCompensation,EffectiveJuly 1, 2014 2013
  215                                  
  216  Regular Class                      3.53% 3.55%       3.53% 3.55%    
  217  Special Risk Class                11.00% 11.01%     11.00% 11.01%   
  218  Special Risk Administrative Support Class   4.17% 3.94%       4.17% 3.94%    
  219  Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders   6.52% 6.51%       6.52% 6.51%    
  220  Elected Officers’ Class— Justices, Judges  10.05% 10.02%     10.05% 10.02%   
  221  Elected Officers’ Class— County Elected Officers   8.44% 8.36%       8.44% 8.36%    
  222  Senior Management Class            4.81% 4.84%       4.81% 4.84%    
  223  DROP                               4.63% 4.33%       4.63% 4.33%    
  224         (5) In order to address unfunded actuarial liabilities of
  225  the system, the required employer retirement contribution rates
  226  for each membership class and subclass of the Florida Retirement
  227  System for both retirement plans are as follows:
  228  
  229  Membership Class                    Percentage ofGrossCompensation,EffectiveJuly 1, 2013 2012Percentage ofGrossCompensation,EffectiveJuly 1, 2014 2013
  230                                      
  231  Regular Class                         2.19% 0.49%     2.19% 2.02%   
  232  Special Risk Class                    6.83% 2.75%     6.83% 7.03%   
  233  Special Risk Administrative Support Class  30.56% 0.83%   30.56% 27.04%  
  234  Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders  24.85% 0.88%   24.85% 27.18%  
  235  Elected Officers’ Class— Justices, Judges  17.00% 0.77%   17.00% 16.38%  
  236  Elected Officers’ Class— County Elected Officers  23.36% 0.73%   23.36% 23.01%  
  237  Senior Management Service Class       12.27% 0.32%   12.27% 11.25%  
  238  DROP                                  7.01% 0.00%     7.01% 6.21%   
  239         Section 6. This act shall take effect July 1, 2013.