Florida Senate - 2014         (PROPOSED COMMITTEE BILL) SPB 7108
       
       
        
       FOR CONSIDERATION By the Committee on Governmental Oversight and
       Accountability
       
       
       
       
       585-02532A-14                                         20147108__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Retirement System;
    3         amending s. 121.053, F.S.; authorizing renewed
    4         membership in the retirement system for retirees who
    5         are reemployed in a position eligible for the Elected
    6         Officers’ Class under certain circumstances; amending
    7         s. 121.055, F.S.; authorizing renewed membership in
    8         the retirement system for retirees of the Senior
    9         Management Service Optional Annuity Program who are
   10         reemployed on or after a specified date; amending s.
   11         121.122, F.S.; requiring that certain retirees who are
   12         employed on or after a specified date be renewed
   13         members in the investment plan; providing exceptions;
   14         providing that creditable service does not accrue for
   15         a reemployed retiree during a specified period;
   16         prohibiting certain funds from being paid into a
   17         renewed member’s investment plan account for a
   18         specified period of employment; requiring the renewed
   19         member to satisfy vesting requirements; prohibiting a
   20         renewed member from receiving disability benefits;
   21         specifying requirements and limitations; requiring the
   22         employer and the retiree to make applicable
   23         contributions to the member’s investment plan account;
   24         prohibiting the purchase of past service in the
   25         investment plan; authorizing a renewed member to
   26         receive additional credit toward the health insurance
   27         subsidy under certain circumstances; providing that a
   28         retiree employed on or after a specified date in a
   29         regularly established position eligible for the State
   30         University System Optional Retirement Program is a
   31         renewed member of that program; specifying
   32         requirements and limitations; requiring the employer
   33         and the retiree to make applicable contributions;
   34         prohibiting the purchase of past service in the
   35         program; providing that a retiree employed on or after
   36         a specified date in a regularly established position
   37         eligible for the State Community College System
   38         Optional Retirement Program is a renewed member of
   39         that program; specifying requirements and limitations;
   40         requiring the employer and the retiree to make
   41         applicable contributions; prohibiting the purchase of
   42         past service in the program; amending s. 121.4501,
   43         F.S.; redefining the term “eligible employee”;
   44         conforming a provision to changes made by the act;
   45         providing that the act fulfills an important state
   46         interest; providing an effective date.
   47          
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. Subsections (3) and (5) of section 121.053,
   51  Florida Statutes, are amended to read:
   52         121.053 Participation in the Elected Officers’ Class for
   53  retired members.—
   54         (3) On or after July 1, 2010:
   55         (a) A retiree of a state-administered retirement system who
   56  is initially reemployed in elected or appointed for the first
   57  time to an elective office in a regularly established position
   58  with a covered employer may not reenroll in the Florida
   59  Retirement System, except as provided in s. 121.122.
   60         (b) An elected officer who is elected or appointed to an
   61  elective office and is participating in the Deferred Retirement
   62  Option Program is subject to termination as defined in s.
   63  121.021 upon completion of his or her DROP participation period.
   64  An elected official may defer termination as provided in
   65  subsection (7).
   66         (5) Any renewed member, as described in s. 121.122(1), (3),
   67  (4), or (5) subsection (1) or subsection (2), who is not
   68  receiving the maximum health insurance subsidy provided in s.
   69  112.363 is entitled to earn additional credit toward the maximum
   70  health insurance subsidy. Any additional subsidy due because of
   71  such additional credit may be received only at the time of
   72  payment of the second career retirement benefit. The total
   73  health insurance subsidy received from initial and renewed
   74  membership may not exceed the maximum allowed in s. 112.363.
   75         Section 2. Paragraph (f) of subsection (1) and paragraph
   76  (c) of subsection (6) of section 121.055, Florida Statutes, are
   77  amended to read:
   78         121.055 Senior Management Service Class.—There is hereby
   79  established a separate class of membership within the Florida
   80  Retirement System to be known as the “Senior Management Service
   81  Class,” which shall become effective February 1, 1987.
   82         (1)
   83         (f) Effective July 1, 1997:
   84         1. Except as provided in subparagraph 3., an elected state
   85  officer eligible for membership in the Elected Officers’ Class
   86  under s. 121.052(2)(a), (b), or (c) who elects membership in the
   87  Senior Management Service Class under s. 121.052(3)(c) may,
   88  within 6 months after assuming office or within 6 months after
   89  this act becomes a law for serving elected state officers, elect
   90  to participate in the Senior Management Service Optional Annuity
   91  Program, as provided in subsection (6), in lieu of membership in
   92  the Senior Management Service Class.
   93         2. Except as provided in subparagraph 3., an elected
   94  officer of a local agency employer eligible for membership in
   95  the Elected Officers’ Class under s. 121.052(2)(d) who elects
   96  membership in the Senior Management Service Class under s.
   97  121.052(3)(c) may, within 6 months after assuming office, or
   98  within 6 months after this act becomes a law for serving elected
   99  officers of a local agency employer, elect to withdraw from the
  100  Florida Retirement System, as provided in subparagraph (b)2., in
  101  lieu of membership in the Senior Management Service Class.
  102         3. A retiree of a state-administered retirement system who
  103  is initially reemployed in a regularly established position on
  104  or after July 1, 2010, through December 31, 2014, as an elected
  105  official eligible for the Elected Officers’ Class may not be
  106  enrolled in renewed membership in the Senior Management Service
  107  Class or in the Senior Management Service Optional Annuity
  108  Program as provided in subsection (6), and may not withdraw from
  109  the Florida Retirement System as a renewed member as provided in
  110  subparagraph (b)2., as applicable, in lieu of membership in the
  111  Senior Management Service Class. Effective January 1, 2015, a
  112  retiree of the Senior Management Service Optional Annuity
  113  Program who retired before July 1, 2010, and is reemployed in a
  114  regularly established position with a covered employer shall be
  115  enrolled as a renewed member as provided in s. 121.122.
  116         (6)
  117         (c) Participation.—
  118         1. An eligible employee who is employed on or before
  119  February 1, 1987, may elect to participate in the optional
  120  annuity program in lieu of participating in the Senior
  121  Management Service Class. Such election shall must be made in
  122  writing and filed with the department and the personnel officer
  123  of the employer on or before May 1, 1987. An eligible employee
  124  who is employed on or before February 1, 1987, and who fails to
  125  make an election to participate in the optional annuity program
  126  by May 1, 1987, is shall be deemed to have elected membership in
  127  the Senior Management Service Class.
  128         2. Except as provided in subparagraph 6., an employee who
  129  becomes eligible to participate in the optional annuity program
  130  by reason of initial employment commencing after February 1,
  131  1987, may, within 90 days after the date of commencing
  132  employment, elect to participate in the optional annuity
  133  program. Such election shall must be made in writing and filed
  134  with the personnel officer of the employer. An eligible employee
  135  who does not within 90 days after commencing employment elect to
  136  participate in the optional annuity program is shall be deemed
  137  to have elected membership in the Senior Management Service
  138  Class.
  139         3. A person who is appointed to a position in the Senior
  140  Management Service Class and who is a member of an existing
  141  retirement system or the Special Risk or Special Risk
  142  Administrative Support Classes of the Florida Retirement System
  143  may elect to remain in such system or class in lieu of
  144  participating in the Senior Management Service Class or optional
  145  annuity program. Such election shall must be made in writing and
  146  filed with the department and the personnel officer of the
  147  employer within 90 days after such appointment. An eligible
  148  employee who fails to make an election to participate in the
  149  existing system, the Special Risk Class of the Florida
  150  Retirement System, the Special Risk Administrative Support Class
  151  of the Florida Retirement System, or the optional annuity
  152  program is shall be deemed to have elected membership in the
  153  Senior Management Service Class.
  154         4. Except as provided in subparagraph 5., an employee’s
  155  election to participate in the optional annuity program is
  156  irrevocable if the employee continues to be employed in an
  157  eligible position and continues to meet the eligibility
  158  requirements set forth in this paragraph.
  159         5. Effective from July 1, 2002, through September 30, 2002,
  160  an active employee in a regularly established position who has
  161  elected to participate in the Senior Management Service Optional
  162  Annuity Program has one opportunity to choose to move from the
  163  Senior Management Service Optional Annuity Program to the
  164  Florida Retirement System Pension Plan.
  165         a. The election shall must be made in writing and must be
  166  filed with the department and the personnel officer of the
  167  employer before October 1, 2002, or, in the case of an active
  168  employee who is on a leave of absence on July 1, 2002, within 90
  169  days after the conclusion of the leave of absence. This election
  170  is irrevocable.
  171         b. The employee shall receive service credit under the
  172  pension plan equal to his or her years of service under the
  173  Senior Management Service Optional Annuity Program. The cost for
  174  such credit is the amount representing the present value of that
  175  employee’s accumulated benefit obligation for the affected
  176  period of service.
  177         c. The employee shall must transfer the total accumulated
  178  employer contributions and earnings on deposit in his or her
  179  Senior Management Service Optional Annuity Program account. If
  180  the transferred amount is not sufficient to pay the amount due,
  181  the employee shall must pay a sum representing the remainder of
  182  the amount due. The employee may not retain any employer
  183  contributions or earnings from the Senior Management Service
  184  Optional Annuity Program account.
  185         6. A retiree of a state-administered retirement system who
  186  is initially reemployed on or after July 1, 2010, through
  187  December 31, 2014, may not renew membership in the Senior
  188  Management Service Optional Annuity Program. Effective January
  189  1, 2015, a retiree of the Senior Management Service Optional
  190  Annuity Program who retired before July 1, 2010, and is
  191  reemployed in a regularly established position with a covered
  192  employer shall be enrolled as a renewed member as provided in s.
  193  121.122.
  194         Section 3. Subsection (2) of section 121.122, Florida
  195  Statutes, is amended, and subsections (3), (4), and (5) are
  196  added to that section, to read:
  197         121.122 Renewed membership in system.—
  198         (2) Except as otherwise provided in subsections (3)-(5), a
  199  retiree of a state-administered retirement system who is
  200  initially reemployed in a regularly established position on or
  201  after July 1, 2010, may not be enrolled as a renewed member.
  202         (3) A retiree of the investment plan, the State University
  203  System Optional Retirement Program, the Senior Management
  204  Service Optional Annuity Program, or the State Community College
  205  System Optional Retirement Program who retired before July 1,
  206  2010, and is employed in a regularly established position with a
  207  covered employer on or after January 1, 2015, shall be a renewed
  208  member of the investment plan, unless employed in a position
  209  eligible for participation in the State University System
  210  Optional Retirement Program or the State Community College
  211  System Optional Retirement Program as provided in subsections
  212  (4) and (5), respectively. The renewed member must satisfy the
  213  vesting requirements and other provisions of this chapter.
  214         (a) Creditable service, including credit toward the retiree
  215  health insurance subsidy provided in s. 112.363, does not accrue
  216  for a retiree’s employment in a regularly established position
  217  with a covered employer from July 1, 2010, through December 31,
  218  2014.
  219         (b) Employer and employee contributions, interest,
  220  earnings, or any other funds may not be paid into a renewed
  221  member’s investment plan account for any employment in a
  222  regularly established position with a covered employer from July
  223  1, 2010, through December 31, 2014, by the renewed member or the
  224  employer on behalf of the member.
  225         (c) To be eligible to receive a retirement benefit, the
  226  renewed member must satisfy the vesting requirements in s.
  227  121.4501(6).
  228         (d) The member is ineligible to receive disability benefits
  229  as provided in s. 121.091(4) or s. 121.591(2).
  230         (e) The member is subject to the reemployment after
  231  retirement limitations provided in s. 121.091(9), as applicable.
  232         (f) The member must satisfy the requirements for
  233  termination from employment provided in s. 121.021(39).
  234         (g) Upon the renewed membership or reemployment of a
  235  retiree, the employer and the retiree shall pay the applicable
  236  employer and employee contributions required under ss. 112.363,
  237  121.71, 121.74, and 121.76. The contributions are payable only
  238  for employment and salary earned in a regularly established
  239  position with a covered employer on or after January 1, 2015.
  240         (h) The member may not purchase any past service in the
  241  investment plan, including employment in a regularly established
  242  position with a covered employer from July 1, 2010, through
  243  December 31, 2014.
  244         (i) A renewed member who is a retiree of the investment
  245  plan and who is not receiving the maximum health insurance
  246  subsidy provided in s. 112.363 is entitled to earn additional
  247  credit toward the subsidy. Such credit may be earned only for
  248  employment in a regularly established position with a covered
  249  employer on or after January 1, 2015. Any additional subsidy due
  250  because of additional credit may be received only at the time of
  251  paying the second career retirement benefit. The total health
  252  insurance subsidy received by a retiree receiving benefits from
  253  initial and renewed membership may not exceed the maximum
  254  allowed under s. 112.363.
  255         (4) A retiree of the investment plan, the State University
  256  System Optional Retirement Program, the Senior Management
  257  Service Optional Annuity Program, or the State Community College
  258  System Optional Retirement Program who retired before July 1,
  259  2010, and is employed in a regularly established position
  260  eligible for participation in the State University System
  261  Optional Retirement Program on or after January 1, 2015, shall
  262  become a renewed member of the optional retirement program. The
  263  renewed member must satisfy the vesting requirements and other
  264  provisions of this chapter. Once enrolled, a renewed member
  265  remains enrolled in the optional retirement program while
  266  employed in an eligible position for the optional retirement
  267  program. If employment in a different covered position results
  268  in the retiree’s enrollment in the investment plan, the retiree
  269  is no longer eligible to participate in the optional retirement
  270  program unless employed in a mandatory position under s. 121.35.
  271         (a) The member is subject to the reemployment after
  272  retirement limitations provided in s. 121.091(9), as applicable.
  273         (b) The member must satisfy the requirements for
  274  termination of employment provided in s. 121.021(39).
  275         (c) Upon renewed membership or reemployment of a retiree,
  276  the employer and the retiree shall pay the applicable employer
  277  and employee contributions required under s. 121.35.
  278         (d) The member, or the employer on behalf of the member,
  279  may not purchase any prior service in the optional retirement
  280  program or employment from July 1, 2010, to December 31, 2014,
  281  when renewed membership is not available.
  282         (5) A retiree of the investment plan, the State University
  283  System Optional Retirement Program, the Senior Management System
  284  Optional Annuity Program, or the State Community College System
  285  Optional Retirement Program who retired before July 1, 2010, and
  286  is employed in a regularly established position eligible for
  287  participation in the State Community College System Optional
  288  Retirement Program as provided in s. 121.051(2)(c)4. on or after
  289  January 1, 2015, shall become a renewed member of the optional
  290  retirement program. The renewed member must satisfy the
  291  eligibility requirements of this chapter and s. 1012.875 for the
  292  optional retirement program. Once enrolled, a renewed member
  293  remains enrolled in the optional retirement program while
  294  employed in an eligible position for the optional retirement
  295  program. If employment in a different covered position results
  296  in the retiree’s enrollment in the investment plan, the retiree
  297  is no longer eligible to participate in the optional retirement
  298  program.
  299         (a) The member is subject to the reemployment after
  300  retirement limitations provided in s. 121.091(9), as applicable.
  301         (b) The member must satisfy the requirements for
  302  termination of employment provided in s. 121.021(39).
  303         (c) Upon renewed membership or reemployment of a retiree,
  304  the employer and the retiree shall pay the applicable employer
  305  and employee contributions required under ss. 121.051(2)(c) and
  306  1012.875.
  307         (d) The member, or the employer on behalf of the member,
  308  may not purchase any past service in the optional retirement
  309  program or employment accrued from July 1, 2010, to December 31,
  310  2014.
  311         Section 4. Paragraph (e) of subsection (2) and paragraph
  312  (f) of subsection (4) of section 121.4501, Florida Statutes, are
  313  amended to read:
  314         121.4501 Florida Retirement System Investment Plan.—
  315         (2) DEFINITIONS.—As used in this part, the term:
  316         (e) “Eligible employee” means an officer or employee, as
  317  defined in s. 121.021, who:
  318         1. Is a member of, or is eligible for membership in, the
  319  Florida Retirement System, including any renewed member of the
  320  Florida Retirement System initially enrolled before July 1,
  321  2010; or
  322         2. Participates in, or is eligible to participate in, the
  323  Senior Management Service Optional Annuity Program as
  324  established under s. 121.055(6), the State Community College
  325  System Optional Retirement Program as established under s.
  326  121.051(2)(c), or the State University System Optional
  327  Retirement Program established under s. 121.35; or
  328         3. Is a retired member of a state-administered retirement
  329  system who is reemployed in a regularly established position on
  330  or after January 1, 2015, as provided in s. 121.122.
  331  
  332  The term does not include any member participating in the
  333  Deferred Retirement Option Program established under s.
  334  121.091(13), a retiree of a state-administered retirement system
  335  initially reemployed in a regularly established position on or
  336  after July 1, 2010, through December 31, 2014, or a mandatory
  337  participant of the State University System Optional Retirement
  338  Program established under s. 121.35.
  339         (4) PARTICIPATION; ENROLLMENT.—
  340         (f) A member of the investment plan who takes a
  341  distribution of any contributions from his or her investment
  342  plan account is considered a retiree. A retiree who is initially
  343  reemployed in a regularly established position on or after July
  344  1, 2010, through December 31, 2014, is not eligible to be
  345  enrolled in renewed membership, except as provided in s.
  346  121.122. An investment plan retiree who is reemployed on or
  347  after January 1, 2015, in a regularly established position shall
  348  be a renewed member of the investment plan as provided in s.
  349  121.122.
  350         Section 5. The Legislature finds that a proper and
  351  legitimate state purpose is served when employees and retirees
  352  of the state and its political subdivisions, and the dependents,
  353  survivors, and beneficiaries of such employees and retirees, are
  354  extended the basic protections afforded by governmental
  355  retirement systems. These persons must be provided benefits that
  356  are fair and adequate and that are managed, administered, and
  357  funded in an actuarially sound manner, as required by s. 14,
  358  Article X of the State Constitution and part VII of chapter 112,
  359  Florida Statutes. Therefore, the Legislature determines and
  360  declares that this act fulfills an important state interest.
  361         Section 6. This act shall take effect July 1, 2014.