Florida Senate - 2017                                    SB 1246
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-01043-17                                           20171246__
    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 Florida Retirement System for
    5         retirees who are reemployed in a position eligible for
    6         the Elected Officers’ Class under certain
    7         circumstances; amending s. 121.055, F.S.; providing
    8         for renewed membership in the retirement system for
    9         retirees of the Senior Management Service Optional
   10         Annuity Program who are reemployed on or after a
   11         specified date; amending s. 121.091, F.S.; revising
   12         criteria for eligibility of payment of death benefits
   13         to the surviving children of a Special Risk Class
   14         member killed in the line of duty under specified
   15         circumstances; conforming a provision to changes made
   16         by the act; amending s. 121.122, F.S.; requiring that
   17         certain retirees who are reemployed on or after a
   18         specified date be renewed members in the investment
   19         plan; providing exceptions; specifying that creditable
   20         service does not accrue for employment during a
   21         specified period; prohibiting certain funds from being
   22         paid into a renewed member’s investment plan account
   23         for a specified period of employment; requiring the
   24         renewed member to satisfy vesting requirements;
   25         prohibiting a renewed member from receiving specified
   26         disability benefits; specifying limitations and
   27         requirements; requiring the employer and the retiree
   28         to make applicable contributions to the renewed
   29         member’s investment plan account; providing for the
   30         transfer of contributions; authorizing a renewed
   31         member to receive additional credit toward the health
   32         insurance subsidy under certain circumstances;
   33         prohibiting participation in the pension plan;
   34         providing that a retiree reemployed on or after a
   35         specified date in a regularly established position
   36         eligible for the State University System Optional
   37         Retirement Program or State Community College System
   38         Optional Retirement Program is a renewed member of
   39         that program; specifying limitations and requirements;
   40         requiring the employer and the retiree to make
   41         applicable contributions; amending s. 121.4501, F.S.;
   42         revising definitions; revising a provision relating to
   43         acknowledgement of an employee’s election to
   44         participate in the investment plan; enrolling certain
   45         employees in the pension plan from their date of hire
   46         until they are automatically enrolled in the
   47         investment plan or timely elect enrollment in the
   48         pension plan; providing certain members with a
   49         specified time to choose participation in the pension
   50         plan or the investment plan; conforming provisions to
   51         changes made by the act; amending s. 121.591, F.S.;
   52         authorizing payment of death benefits to the surviving
   53         spouse or surviving children of a member in the
   54         investment plan; establishing qualifications and
   55         eligibility requirements for receipt of such benefits;
   56         prescribing the method of calculating the benefit;
   57         specifying circumstances under which benefit payments
   58         are terminated; amending s. 121.5912, F.S.; revising a
   59         provision regarding program qualification under the
   60         Internal Revenue Code and rulemaking authority, to
   61         conform to changes made by the act; declaring that the
   62         act fulfills an important state interest; providing an
   63         effective date.
   64          
   65  Be It Enacted by the Legislature of the State of Florida:
   66  
   67         Section 1. Paragraph (a) of subsection (3) and subsection
   68  (5) of section 121.053, Florida Statutes, are amended to read:
   69         121.053 Participation in the Elected Officers’ Class for
   70  retired members.—
   71         (3) On or after July 1, 2010:
   72         (a) A retiree of a state-administered retirement system who
   73  is initially reemployed in elected or appointed for the first
   74  time to an elective office in a regularly established position
   75  with a covered employer may not reenroll in the Florida
   76  Retirement System, except as provided in s. 121.122.
   77         (5) Any renewed member, as described in s. 121.122(1), (3),
   78  (4), or (5) subsection (1) or subsection (2), who is not
   79  receiving the maximum health insurance subsidy provided in s.
   80  112.363 is entitled to earn additional credit toward the maximum
   81  health insurance subsidy. Any additional subsidy due because of
   82  such additional credit may be received only at the time of
   83  payment of the second career retirement benefit. The total
   84  health insurance subsidy received from initial and renewed
   85  membership may not exceed the maximum allowed in s. 112.363.
   86         Section 2. Paragraph (f) of subsection (1) and paragraph
   87  (c) of subsection (6) of section 121.055, Florida Statutes, are
   88  amended to read:
   89         121.055 Senior Management Service Class.—There is hereby
   90  established a separate class of membership within the Florida
   91  Retirement System to be known as the “Senior Management Service
   92  Class,” which shall become effective February 1, 1987.
   93         (1)
   94         (f) Effective July 1, 1997:
   95         1. Except as provided in subparagraph 3., an elected state
   96  officer eligible for membership in the Elected Officers’ Class
   97  under s. 121.052(2)(a), (b), or (c) who elects membership in the
   98  Senior Management Service Class under s. 121.052(3)(c) may,
   99  within 6 months after assuming office or within 6 months after
  100  this act becomes a law for serving elected state officers, elect
  101  to participate in the Senior Management Service Optional Annuity
  102  Program, as provided in subsection (6), in lieu of membership in
  103  the Senior Management Service Class.
  104         2. Except as provided in subparagraph 3., an elected
  105  officer of a local agency employer eligible for membership in
  106  the Elected Officers’ Class under s. 121.052(2)(d) who elects
  107  membership in the Senior Management Service Class under s.
  108  121.052(3)(c) may, within 6 months after assuming office, or
  109  within 6 months after this act becomes a law for serving elected
  110  officers of a local agency employer, elect to withdraw from the
  111  Florida Retirement System, as provided in subparagraph (b)2., in
  112  lieu of membership in the Senior Management Service Class.
  113         3. A retiree of a state-administered retirement system who
  114  is initially reemployed in a regularly established position on
  115  or after July 1, 2010, through June 30, 2017, as an elected
  116  official eligible for the Elected Officers’ Class may not be
  117  enrolled in renewed membership in the Senior Management Service
  118  Class or in the Senior Management Service Optional Annuity
  119  Program as provided in subsection (6), and may not withdraw from
  120  the Florida Retirement System as a renewed member as provided in
  121  subparagraph (b)2., as applicable, in lieu of membership in the
  122  Senior Management Service Class. Effective July 1, 2017, a
  123  retiree of the Senior Management Service Optional Annuity
  124  Program who is reemployed in a regularly established position
  125  with a covered employer shall be enrolled as a renewed member as
  126  provided in s. 121.122.
  127         (6)
  128         (c) Participation.—
  129         1. An eligible employee who is employed on or before
  130  February 1, 1987, may elect to participate in the optional
  131  annuity program in lieu of participating in the Senior
  132  Management Service Class. Such election shall must be made in
  133  writing and filed with the department and the personnel officer
  134  of the employer on or before May 1, 1987. An eligible employee
  135  who is employed on or before February 1, 1987, and who fails to
  136  make an election to participate in the optional annuity program
  137  by May 1, 1987, is shall be deemed to have elected membership in
  138  the Senior Management Service Class.
  139         2. Except as provided in subparagraph 6., an employee who
  140  becomes eligible to participate in the optional annuity program
  141  by reason of initial employment commencing after February 1,
  142  1987, may, within 90 days after the date of commencing
  143  employment, elect to participate in the optional annuity
  144  program. Such election shall must be made in writing and filed
  145  with the personnel officer of the employer. An eligible employee
  146  who does not within 90 days after commencing employment elect to
  147  participate in the optional annuity program is shall be deemed
  148  to have elected membership in the Senior Management Service
  149  Class.
  150         3. A person who is appointed to a position in the Senior
  151  Management Service Class and who is a member of an existing
  152  retirement system or the Special Risk or Special Risk
  153  Administrative Support Classes of the Florida Retirement System
  154  may elect to remain in such system or class in lieu of
  155  participating in the Senior Management Service Class or optional
  156  annuity program. Such election shall must be made in writing and
  157  filed with the department and the personnel officer of the
  158  employer within 90 days after such appointment. An eligible
  159  employee who fails to make an election to participate in the
  160  existing system, the Special Risk Class of the Florida
  161  Retirement System, the Special Risk Administrative Support Class
  162  of the Florida Retirement System, or the optional annuity
  163  program is shall be deemed to have elected membership in the
  164  Senior Management Service Class.
  165         4. Except as provided in subparagraph 5., an employee’s
  166  election to participate in the optional annuity program is
  167  irrevocable if the employee continues to be employed in an
  168  eligible position and continues to meet the eligibility
  169  requirements set forth in this paragraph.
  170         5. Effective from July 1, 2002, through September 30, 2002,
  171  an active employee in a regularly established position who has
  172  elected to participate in the Senior Management Service Optional
  173  Annuity Program has one opportunity to choose to move from the
  174  Senior Management Service Optional Annuity Program to the
  175  Florida Retirement System Pension Plan.
  176         a. The election shall must be made in writing and must be
  177  filed with the department and the personnel officer of the
  178  employer before October 1, 2002, or, in the case of an active
  179  employee who is on a leave of absence on July 1, 2002, within 90
  180  days after the conclusion of the leave of absence. This election
  181  is irrevocable.
  182         b. The employee shall receive service credit under the
  183  pension plan equal to his or her years of service under the
  184  Senior Management Service Optional Annuity Program. The cost for
  185  such credit is the amount representing the present value of that
  186  employee’s accumulated benefit obligation for the affected
  187  period of service.
  188         c. The employee shall must transfer the total accumulated
  189  employer contributions and earnings on deposit in his or her
  190  Senior Management Service Optional Annuity Program account. If
  191  the transferred amount is not sufficient to pay the amount due,
  192  the employee shall must pay a sum representing the remainder of
  193  the amount due. The employee may not retain any employer
  194  contributions or earnings from the Senior Management Service
  195  Optional Annuity Program account.
  196         6. A retiree of a state-administered retirement system who
  197  is initially reemployed on or after July 1, 2010, through June
  198  30, 2017, may not renew membership in the Senior Management
  199  Service Optional Annuity Program. Effective July 1, 2017, a
  200  retiree of the Senior Management Service Optional Annuity
  201  Program who is reemployed in a regularly established position
  202  with a covered employer shall be enrolled as a renewed member as
  203  provided in s. 121.122.
  204         Section 3. Paragraphs (d) and (i) of subsection (7) and
  205  paragraph (c) of subsection (9) of section 121.091, Florida
  206  Statutes, are amended to read:
  207         121.091 Benefits payable under the system.—Benefits may not
  208  be paid under this section unless the member has terminated
  209  employment as provided in s. 121.021(39)(a) or begun
  210  participation in the Deferred Retirement Option Program as
  211  provided in subsection (13), and a proper application has been
  212  filed in the manner prescribed by the department. The department
  213  may cancel an application for retirement benefits when the
  214  member or beneficiary fails to timely provide the information
  215  and documents required by this chapter and the department’s
  216  rules. The department shall adopt rules establishing procedures
  217  for application for retirement benefits and for the cancellation
  218  of such application when the required information or documents
  219  are not received.
  220         (7) DEATH BENEFITS.—
  221         (d) Notwithstanding any other provision in this chapter to
  222  the contrary, with the exception of the Deferred Retirement
  223  Option Program, as provided in subsection (13):
  224         1. The surviving spouse of any member killed in the line of
  225  duty may receive a monthly pension equal to one-half of the
  226  monthly salary being received by the member at the time of death
  227  for the rest of the surviving spouse’s lifetime or, if the
  228  member was vested, such surviving spouse may elect to receive a
  229  benefit as provided in paragraph (b). Benefits provided by this
  230  paragraph shall supersede any other distribution that may have
  231  been provided by the member’s designation of beneficiary.
  232         2. If the surviving spouse of a member killed in the line
  233  of duty dies, the monthly payments that would have been payable
  234  to such surviving spouse had such surviving spouse lived shall
  235  be paid for the use and benefit of such member’s child or
  236  children under 18 years of age and unmarried until the 18th
  237  birthday of the member’s youngest child. Beginning July 1, 2016,
  238  such payments may be extended, for the surviving child of a
  239  member in the Special Risk Class at the time he or she was
  240  killed in the line of duty on or after July 1, 2013, until the
  241  25th birthday of any child of the member if the child is
  242  unmarried and enrolled as a full-time student. Beginning July 1,
  243  2017, such payments may be extended, for the surviving child of
  244  a member in the Special Risk Class at the time he or she was
  245  killed in the line of duty on or after July 1, 2002, until the
  246  25th birthday of any child of the member if the child is
  247  unmarried and enrolled as a full-time student.
  248         3. If a member killed in the line of duty leaves no
  249  surviving spouse but is survived by a child or children under 18
  250  years of age, the benefits provided by subparagraph 1., normally
  251  payable to a surviving spouse, shall be paid for the use and
  252  benefit of such member’s child or children under 18 years of age
  253  and unmarried until the 18th birthday of the member’s youngest
  254  child. Beginning July 1, 2016, such monthly payments may be
  255  extended, for the surviving child of a member in the Special
  256  Risk Class at the time he or she was killed in the line of duty
  257  on or after July 1, 2013, until the 25th birthday of any child
  258  of the member if the child is unmarried and enrolled as a full
  259  time student. Beginning July 1, 2017, such monthly payments may
  260  be extended, for the surviving child of a member in the Special
  261  Risk Class at the time he or she was killed in the line of duty
  262  on or after July 1, 2002, until the 25th birthday of any child
  263  of the member if the child is unmarried and enrolled as a full
  264  time student.
  265         4. The surviving spouse of a member whose benefit
  266  terminated because of remarriage shall have the benefit
  267  reinstated beginning July 1, 1993, at an amount that would have
  268  been payable had the benefit not been terminated.
  269         (i) Effective July 1, 2016, and Notwithstanding any
  270  provision in this chapter to the contrary, if a member in the
  271  Special Risk Class, other than a participant in the Deferred
  272  Retirement Option Program under subsection (13), is killed in
  273  the line of duty on or after July 1, 2002 2013, the following
  274  benefits are payable in addition to the benefits provided in
  275  paragraph (d):
  276         1. The surviving spouse may receive a monthly pension equal
  277  to one-half of the monthly salary being received by the member
  278  at the time of the member’s death for the rest of the surviving
  279  spouse’s lifetime or, if the member was vested, such surviving
  280  spouse may elect to receive a benefit as provided in paragraph
  281  (b). Benefits provided by this paragraph supersede any other
  282  distribution that may have been provided by the member’s
  283  designation of beneficiary.
  284         2. If the surviving spouse dies, the monthly payments that
  285  otherwise would have been payable to such surviving spouse shall
  286  be paid for the use and benefit of the member’s child or
  287  children under 18 years of age and unmarried until the 18th
  288  birthday of the member’s youngest child. Such monthly payments
  289  may be extended until the 25th birthday of the member’s child if
  290  the child is unmarried and enrolled as a full-time student.
  291         3. If the member leaves no surviving spouse but is survived
  292  by a child or children under 18 years of age, the benefits
  293  provided by subparagraph 1., normally payable to a surviving
  294  spouse, shall be paid for the use and benefit of such member’s
  295  child or children under 18 years of age and unmarried until the
  296  18th birthday of the member’s youngest child. Such monthly
  297  payments may be extended until the 25th birthday of any of the
  298  member’s children if the child is unmarried and enrolled as a
  299  full-time student.
  300         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
  301         (c) Any person whose retirement is effective on or after
  302  July 1, 2010, or whose participation in the Deferred Retirement
  303  Option Program terminates on or after July 1, 2010, who is
  304  retired under this chapter, except under the disability
  305  retirement provisions of subsection (4) or as provided in s.
  306  121.053, may be reemployed by an employer that participates in a
  307  state-administered retirement system and receive retirement
  308  benefits and compensation from that employer. However, a person
  309  may not be reemployed by an employer participating in the
  310  Florida Retirement System before meeting the definition of
  311  termination in s. 121.021 and may not receive both a salary from
  312  the employer and retirement benefits for 6 calendar months after
  313  meeting the definition of termination. However, a DROP
  314  participant shall continue employment and receive a salary
  315  during the period of participation in the Deferred Retirement
  316  Option Program, as provided in subsection (13).
  317         1. The reemployed retiree may not renew membership in the
  318  Florida Retirement System, except as provided in s. 121.122.
  319         2. The employer shall pay retirement contributions in an
  320  amount equal to the unfunded actuarial liability portion of the
  321  employer contribution that would be required for active members
  322  of the Florida Retirement System in addition to the
  323  contributions required by s. 121.76.
  324         3. A retiree initially reemployed in violation of this
  325  paragraph and an employer that employs or appoints such person
  326  are jointly and severally liable for reimbursement of any
  327  retirement benefits paid to the retirement trust fund from which
  328  the benefits were paid, including the Florida Retirement System
  329  Trust Fund and the Public Employee Optional Retirement Program
  330  Trust Fund, as appropriate. The employer must have a written
  331  statement from the employee that he or she is not retired from a
  332  state-administered retirement system. Retirement benefits shall
  333  remain suspended until repayment is made. Benefits suspended
  334  beyond the end of the retiree’s 6-month reemployment limitation
  335  period shall apply toward the repayment of benefits received in
  336  violation of this paragraph.
  337         Section 4. Subsection (2) of section 121.122, Florida
  338  Statutes, is amended, and subsections (3), (4), and (5) are
  339  added to that section, to read:
  340         121.122 Renewed membership in system.—
  341         (2) Except as otherwise provided in subsections (3), (4),
  342  and (5), a retiree of a state-administered retirement system who
  343  is initially reemployed in a regularly established position on
  344  or after July 1, 2010, may not be enrolled as a renewed member.
  345         (3) A retiree of the investment plan, the State University
  346  System Optional Retirement Program, the Senior Management
  347  Service Optional Annuity Program, or the State Community College
  348  System Optional Retirement Program who is reemployed with a
  349  covered employer in a regularly established position on or after
  350  July 1, 2017, shall be enrolled as a renewed member of the
  351  investment plan unless employed in a position eligible for
  352  participation in the State University System Optional Retirement
  353  Program as provided in subsection (4) or the State Community
  354  College System Optional Retirement Program as provided in
  355  subsection (5). The renewed member must satisfy the vesting
  356  requirements and other provisions of this chapter.
  357         (a) A renewed member of the investment plan shall be
  358  enrolled in one of the following membership classes:
  359         1. In the Regular Class, if the position does not meet the
  360  requirements for membership under s. 121.0515, s. 121.053, or s.
  361  121.055.
  362         2. In the Special Risk Class, if the position meets the
  363  requirements of s. 121.0515.
  364         3. In the Elected Officers’ Class, if the position meets
  365  the requirements of s. 121.053.
  366         4. In the Senior Management Service Class, if the position
  367  meets the requirements of s. 121.055.
  368         (b) Creditable service, including credit toward the retiree
  369  health insurance subsidy provided in s. 112.363, does not accrue
  370  for a renewed member’s employment in a regularly established
  371  position with a covered employer from July 1, 2010, through June
  372  30, 2017.
  373         (c) Employer and employee contributions, interest,
  374  earnings, or any other funds may not be paid into a renewed
  375  member’s investment plan account for any employment in a
  376  regularly established position with a covered employer on or
  377  after July 1, 2010, through June 30, 2017, by the renewed member
  378  or the employer on behalf of the renewed member.
  379         (d) To be eligible to receive a retirement benefit, the
  380  renewed member must satisfy the vesting requirements in s.
  381  121.4501(6).
  382         (e) The renewed member is ineligible to receive disability
  383  benefits as provided in s. 121.091(4) or s. 121.591(2).
  384         (f) The renewed member is subject to the limitations on
  385  reemployment after retirement provided in s. 121.091(9), as
  386  applicable.
  387         (g) The renewed member must satisfy the requirements for
  388  termination from employment provided in s. 121.021(39).
  389         (h) Upon renewed membership or reemployment of a retiree,
  390  the employer and the renewed member shall pay the applicable
  391  employer and employee contributions required under ss. 112.363,
  392  121.71, 121.74, and 121.76. The contributions are payable only
  393  for employment and salary earned in a regularly established
  394  position with a covered employer on or after July 1, 2017. The
  395  employer and employee contributions shall be transferred to the
  396  investment plan and placed in a default fund as designated by
  397  the state board. The renewed member may move the contributions
  398  once an account is activated in the investment plan.
  399         (i) A renewed member who earns creditable service under the
  400  investment plan and who is not receiving the maximum health
  401  insurance subsidy provided in s. 112.363 is entitled to earn
  402  additional credit toward the subsidy. Such credit may be earned
  403  only for employment in a regularly established position with a
  404  covered employer on or after July 1, 2017. Any additional
  405  subsidy due because of additional credit may be received only at
  406  the time of paying the second career retirement benefit. The
  407  total health insurance subsidy received by a retiree receiving
  408  benefits from initial and renewed membership may not exceed the
  409  maximum allowed under s. 112.363.
  410         (j) Notwithstanding s. 121.4501(4)(f), the renewed member
  411  is not eligible to elect membership in the pension plan.
  412         (4) A retiree of the investment plan, the State University
  413  System Optional Retirement Program, the Senior Management
  414  Service Optional Annuity Program, or the State Community College
  415  System Optional Retirement Program who is reemployed on or after
  416  July 1, 2017, in a regularly established position eligible for
  417  participation in the State University System Optional Retirement
  418  Program shall become a renewed member of the optional retirement
  419  program. The renewed member must satisfy the vesting
  420  requirements and other provisions of this chapter. Once
  421  enrolled, a renewed member remains enrolled in the optional
  422  retirement program while employed in an eligible position for
  423  the optional retirement program. If employment in a different
  424  covered position results in the renewed member’s enrollment in
  425  the investment plan, the renewed member is no longer eligible to
  426  participate in the optional retirement program unless employed
  427  in a mandatory position under s. 121.35.
  428         (a) The renewed member is subject to the limitations on
  429  reemployment after retirement provided in s. 121.091(9), as
  430  applicable.
  431         (b) The renewed member must satisfy the requirements for
  432  termination from employment provided in s. 121.021(39).
  433         (c) Upon renewed membership or reemployment of a retiree,
  434  the employer and the renewed member shall pay the applicable
  435  employer and employee contributions required under s. 121.35.
  436         (d) Employer and employee contributions, interest,
  437  earnings, or any other funds may not be paid into a renewed
  438  member’s optional retirement program account for any employment
  439  in a regularly stablished position with a covered employer on or
  440  after July 1, 2010, through June 30, 2017, by the renewed member
  441  or the employer on behalf of the renewed member.
  442         (e) Notwithstanding s. 121.4501(4)(f), the renewed member
  443  is not eligible to elect membership in the pension plan.
  444         (5) A retiree of the investment plan, the State University
  445  System Optional Retirement Program, the Senior Management
  446  Service Optional Annuity Program, or the State Community College
  447  System Optional Retirement Program who is reemployed on or after
  448  July 1, 2017, in a regularly established position eligible for
  449  participation in the State Community College System Optional
  450  Retirement Program shall become a renewed member of the optional
  451  retirement program. The renewed member must satisfy the
  452  eligibility requirements of this chapter and s. 1012.875 for the
  453  optional retirement program. Once enrolled, a renewed member
  454  remains enrolled in the optional retirement program while
  455  employed in an eligible position for the optional retirement
  456  program. If employment in a different covered position results
  457  in the renewed member’s enrollment in the investment plan, the
  458  renewed member is no longer eligible to participate in the
  459  optional retirement program.
  460         (a) The renewed member is subject to the limitations on
  461  reemployment after retirement provided in s. 121.091(9), as
  462  applicable.
  463         (b) The renewed member must satisfy the requirements for
  464  termination from employment provided in s. 121.021(39).
  465         (c) Upon renewed membership or reemployment of a retiree,
  466  the employer and the renewed member shall pay the applicable
  467  employer and employee contributions required under ss.
  468  121.051(2)(c) and 1012.875.
  469         (d) Employer and employee contributions, interest,
  470  earnings, or any other funds may not be paid into a renewed
  471  member’s optional retirement program account for any employment
  472  in a regularly established position with a covered employer on
  473  or after July 1, 2010, through June 30, 2017, by the renewed
  474  member or the employer on behalf of the renewed member.
  475         (e) Notwithstanding s. 121.4501(4)(f), the renewed member
  476  is not eligible to elect membership in the pension plan.
  477         Section 5. Paragraphs (e) and (i) of subsection (2),
  478  paragraph (b) of subsection (3), subsection (4), paragraph (c)
  479  of subsection (5), and paragraphs (a) and (h) of subsection (10)
  480  of section 121.4501, Florida Statutes, are amended to read:
  481         121.4501 Florida Retirement System Investment Plan.—
  482         (2) DEFINITIONS.—As used in this part, the term:
  483         (e) “Eligible employee” means an officer or employee, as
  484  defined in s. 121.021, who:
  485         1. Is a member of, or is eligible for membership in, the
  486  Florida Retirement System, including any renewed member of the
  487  Florida Retirement System initially enrolled before July 1,
  488  2010; or
  489         2. Participates in, or is eligible to participate in, the
  490  Senior Management Service Optional Annuity Program as
  491  established under s. 121.055(6), the State Community College
  492  System Optional Retirement Program as established under s.
  493  121.051(2)(c), or the State University System Optional
  494  Retirement Program established under s. 121.35; or
  495         3. Is a retired member of the investment plan, the State
  496  University System Optional Retirement Program, the Senior
  497  Management Service Optional Annuity Program, or the State
  498  Community College System Optional Retirement Program who is
  499  reemployed in a regularly established position on or after July
  500  1, 2017, and enrolled as a renewed member as provided in s.
  501  121.122.
  502  
  503  The term does not include any member participating in the
  504  Deferred Retirement Option Program established under s.
  505  121.091(13), a retiree of the pension plan who is reemployed in
  506  a regularly established position on or after July 1, 2010, a
  507  retiree of a state-administered retirement system initially
  508  reemployed in a regularly established position on or after July
  509  1, 2010, through June 30, 2017, or a mandatory participant of
  510  the State University System Optional Retirement Program
  511  established under s. 121.35.
  512         (i) “Member” or “employee” means an eligible employee who
  513  enrolls in, or who defaults into, the investment plan as
  514  provided in subsection (4), a terminated Deferred Retirement
  515  Option Program member as described in subsection (21), or a
  516  beneficiary or alternate payee of a member or employee.
  517         (3) RETIREMENT SERVICE CREDIT; TRANSFER OF BENEFITS.—
  518         (b) Notwithstanding paragraph (a), an eligible employee who
  519  elects to participate in, or who defaults into, the investment
  520  plan and establishes one or more individual member accounts may
  521  elect to transfer to the investment plan a sum representing the
  522  present value of the employee’s accumulated benefit obligation
  523  under the pension plan, except as provided in paragraph (4)(b).
  524  Upon transfer, all service credit earned under the pension plan
  525  is nullified for purposes of entitlement to a future benefit
  526  under the pension plan. A member may not transfer the
  527  accumulated benefit obligation balance from the pension plan
  528  after the time period for enrolling in the investment plan has
  529  expired.
  530         1. For purposes of this subsection, the present value of
  531  the member’s accumulated benefit obligation is based upon the
  532  member’s estimated creditable service and estimated average
  533  final compensation under the pension plan, subject to
  534  recomputation under subparagraph 2. For state employees, initial
  535  estimates shall be based upon creditable service and average
  536  final compensation as of midnight on June 30, 2002; for district
  537  school board employees, initial estimates shall be based upon
  538  creditable service and average final compensation as of midnight
  539  on September 30, 2002; and for local government employees,
  540  initial estimates shall be based upon creditable service and
  541  average final compensation as of midnight on December 31, 2002.
  542  The dates specified are the “estimate date” for these employees.
  543  The actuarial present value of the employee’s accumulated
  544  benefit obligation shall be based on the following:
  545         a. The discount rate and other relevant actuarial
  546  assumptions used to value the Florida Retirement System Trust
  547  Fund at the time the amount to be transferred is determined,
  548  consistent with the factors provided in sub-subparagraphs b. and
  549  c.
  550         b. A benefit commencement age, based on the member’s
  551  estimated creditable service as of the estimate date.
  552         c. Except as provided under sub-subparagraph d., for a
  553  member initially enrolled:
  554         (I) Before July 1, 2011, the benefit commencement age is
  555  the younger of the following, but may not be younger than the
  556  member’s age as of the estimate date:
  557         (A) Age 62; or
  558         (B) The age the member would attain if the member completed
  559  30 years of service with an employer, assuming the member worked
  560  continuously from the estimate date, and disregarding any
  561  vesting requirement that would otherwise apply under the pension
  562  plan.
  563         (II) On or after July 1, 2011, the benefit commencement age
  564  is the younger of the following, but may not be younger than the
  565  member’s age as of the estimate date:
  566         (A) Age 65; or
  567         (B) The age the member would attain if the member completed
  568  33 years of service with an employer, assuming the member worked
  569  continuously from the estimate date, and disregarding any
  570  vesting requirement that would otherwise apply under the pension
  571  plan.
  572         d. For members of the Special Risk Class and for members of
  573  the Special Risk Administrative Support Class entitled to retain
  574  the special risk normal retirement date:
  575         (I) Initially enrolled before July 1, 2011, the benefit
  576  commencement age is the younger of the following, but may not be
  577  younger than the member’s age as of the estimate date:
  578         (A) Age 55; or
  579         (B) The age the member would attain if the member completed
  580  25 years of service with an employer, assuming the member worked
  581  continuously from the estimate date, and disregarding any
  582  vesting requirement that would otherwise apply under the pension
  583  plan.
  584         (II) Initially enrolled on or after July 1, 2011, the
  585  benefit commencement age is the younger of the following, but
  586  may not be younger than the member’s age as of the estimate
  587  date:
  588         (A) Age 60; or
  589         (B) The age the member would attain if the member completed
  590  30 years of service with an employer, assuming the member worked
  591  continuously from the estimate date, and disregarding any
  592  vesting requirement that would otherwise apply under the pension
  593  plan.
  594         e. The calculation must disregard vesting requirements and
  595  early retirement reduction factors that would otherwise apply
  596  under the pension plan.
  597         2. For each member who elects to transfer moneys from the
  598  pension plan to his or her account in the investment plan, the
  599  division shall recompute the amount transferred under
  600  subparagraph 1. within 60 days after the actual transfer of
  601  funds based upon the member’s actual creditable service and
  602  actual final average compensation as of the initial date of
  603  participation in the investment plan. If the recomputed amount
  604  differs from the amount transferred by $10 or more, the division
  605  shall:
  606         a. Transfer, or cause to be transferred, from the Florida
  607  Retirement System Trust Fund to the member’s account the excess,
  608  if any, of the recomputed amount over the previously transferred
  609  amount together with interest from the initial date of transfer
  610  to the date of transfer under this subparagraph, based upon the
  611  effective annual interest equal to the assumed return on the
  612  actuarial investment which was used in the most recent actuarial
  613  valuation of the system, compounded annually.
  614         b. Transfer, or cause to be transferred, from the member’s
  615  account to the Florida Retirement System Trust Fund the excess,
  616  if any, of the previously transferred amount over the recomputed
  617  amount, together with interest from the initial date of transfer
  618  to the date of transfer under this subparagraph, based upon 6
  619  percent effective annual interest, compounded annually, pro rata
  620  based on the member’s allocation plan.
  621         3. If contribution adjustments are made as a result of
  622  employer errors or corrections, including plan corrections,
  623  following recomputation of the amount transferred under
  624  subparagraph 1., the member is entitled to the additional
  625  contributions or is responsible for returning any excess
  626  contributions resulting from the correction. However, a any
  627  return of such erroneous excess pretax contribution by the plan
  628  must be made within the period allowed by the Internal Revenue
  629  Service. The present value of the member’s accumulated benefit
  630  obligation may shall not be recalculated.
  631         4. As directed by the member, the state board shall
  632  transfer or cause to be transferred the appropriate amounts to
  633  the designated accounts within 30 days after the effective date
  634  of the member’s participation in the investment plan unless the
  635  major financial markets for securities available for a transfer
  636  are seriously disrupted by an unforeseen event that causes the
  637  suspension of trading on a any national securities exchange in
  638  the country where the securities were issued. In that event, the
  639  30-day period may be extended by a resolution of the state
  640  board. Transfers are not commissionable or subject to other fees
  641  and may be in the form of securities or cash, as determined by
  642  the state board. Such securities are valued as of the date of
  643  receipt in the member’s account.
  644         5. If the state board or the division receives notification
  645  from the United States Internal Revenue Service that this
  646  paragraph or any portion of this paragraph will cause the
  647  retirement system, or a portion thereof, to be disqualified for
  648  tax purposes under the Internal Revenue Code, the portion that
  649  will cause the disqualification does not apply. Upon such
  650  notice, the state board and the division shall notify the
  651  presiding officers of the Legislature.
  652         (4) PARTICIPATION; ENROLLMENT.—
  653         (a)1. Effective June 1, 2002, through February 28, 2003, a
  654  90-day election period was provided to each eligible employee
  655  participating in the Florida Retirement System, preceded by a
  656  90-day education period, permitting each eligible employee to
  657  elect membership in the investment plan. An employee who failed
  658  to elect the investment plan during the election period remained
  659  in the pension plan. An eligible employee who was employed in a
  660  regularly established position during the election period was
  661  granted the option to make one subsequent election, as provided
  662  in paragraph (f). With respect to an eligible employee who did
  663  not participate in the initial election period or who is
  664  initially employed in a regularly established position after the
  665  close of the initial election period but before January 1, 2018,
  666  on June 1, 2002, by a state employer:
  667         a. Any such employee may elect to participate in the
  668  investment plan in lieu of retaining his or her membership in
  669  the pension plan. The election must be made in writing or by
  670  electronic means and must be filed with the third-party
  671  administrator by August 31, 2002, or, in the case of an active
  672  employee who is on a leave of absence on April 1, 2002, by the
  673  last business day of the 5th month following the month the leave
  674  of absence concludes. This election is irrevocable, except as
  675  provided in paragraph (g). Upon making such election, the
  676  employee shall be enrolled as a member of the investment plan,
  677  the employee’s membership in the Florida Retirement System is
  678  governed by the provisions of this part, and the employee’s
  679  membership in the pension plan terminates. The employee’s
  680  enrollment in the investment plan is effective the first day of
  681  the month for which a full month’s employer contribution is made
  682  to the investment plan.
  683         b. Any such employee who fails to elect to participate in
  684  the investment plan within the prescribed time period is deemed
  685  to have elected to retain membership in the pension plan, and
  686  the employee’s option to elect to participate in the investment
  687  plan is forfeited.
  688         2. With respect to employees who become eligible to
  689  participate in the investment plan by reason of employment in a
  690  regularly established position with a state employer commencing
  691  after April 1, 2002:
  692         a. Any such employee shall, by default, be enrolled in the
  693  pension plan at the commencement of employment, and may, by the
  694  last business day of the 5th month following the employee’s
  695  month of hire, elect to participate in the investment plan. The
  696  employee’s election must be made in writing or by electronic
  697  means and must be filed with the third-party administrator. The
  698  election to participate in the investment plan is irrevocable,
  699  except as provided in paragraph (f) (g).
  700         a.b. If the employee files such election within the
  701  prescribed time period, enrollment in the investment plan is
  702  effective on the first day of employment. The retirement
  703  contributions paid through the month of the employee plan change
  704  shall be transferred to the investment program, and, effective
  705  the first day of the next month, the employer and employee must
  706  pay the applicable contributions based on the employee
  707  membership class in the program.
  708         b.c. An employee who fails to elect to participate in the
  709  investment plan within the prescribed time period is deemed to
  710  have elected to retain membership in the pension plan, and the
  711  employee’s option to elect to participate in the investment plan
  712  is forfeited.
  713         2.3. With respect to employees who become eligible to
  714  participate in the investment plan pursuant to s.
  715  121.051(2)(c)3. or s. 121.35(3)(i), the employee may elect to
  716  participate in the investment plan in lieu of retaining his or
  717  her membership in the State Community College System Optional
  718  Retirement Program or the State University System Optional
  719  Retirement Program. The election must be made in writing or by
  720  electronic means and must be filed with the third-party
  721  administrator. This election is irrevocable, except as provided
  722  in paragraph (f) (g). Upon making such election, the employee
  723  shall be enrolled as a member in the investment plan, the
  724  employee’s membership in the Florida Retirement System is
  725  governed by the provisions of this part, and the employee’s
  726  participation in the State Community College System Optional
  727  Retirement Program or the State University System Optional
  728  Retirement Program terminates. The employee’s enrollment in the
  729  investment plan is effective on the first day of the month for
  730  which a full month’s employer and employee contribution is made
  731  to the investment plan.
  732         (b)1. With respect to employees who become eligible to
  733  participate in the investment plan by reason of employment in a
  734  regularly established position commencing on or after January 1,
  735  2018, or who did not complete an election window before January
  736  1, 2018, any such employee shall be enrolled in the pension plan
  737  at the commencement of employment and may, by the last business
  738  day of the fifth month following the employee’s month of hire,
  739  elect to participate in the pension plan or the investment plan.
  740  Eligible employees may make a plan election only if they are
  741  earning service credit in an employer-employee relationship
  742  consistent with s. 121.021(17)(b), excluding leaves of absence
  743  without pay.
  744         2. The employee’s election must be made in writing or by
  745  electronic means and must be filed with the third-party
  746  administrator. The election to participate in the pension plan
  747  or investment plan is irrevocable, except as provided in
  748  paragraph (f).
  749         3. If the employee fails to make an election of the pension
  750  plan or investment plan within 5 months following the month of
  751  hire, the employee is deemed to have elected the investment plan
  752  and shall default into the investment plan retroactively to the
  753  employee’s date of employment. The employee’s option to
  754  participate in the pension plan is forfeited, except as provided
  755  in paragraph (f).
  756         4. The amount of the employee and employer contributions
  757  paid through the date of default to the investment plan shall be
  758  transferred to the investment plan and shall be placed in a
  759  default fund as designated by the State Board of Administration.
  760  The employee may move the contributions once an account is
  761  activated in the investment plan.
  762         5. Effective the first day of the month after an eligible
  763  employee makes a plan election of the pension plan or investment
  764  plan, or the first day of the month after default to the
  765  investment plan, the employee and employer shall pay the
  766  applicable contributions based on the employee membership class
  767  in the program.
  768         4. For purposes of this paragraph, “state employer” means
  769  any agency, board, branch, commission, community college,
  770  department, institution, institution of higher education, or
  771  water management district of the state, which participates in
  772  the Florida Retirement System for the benefit of certain
  773  employees.
  774         (b)1. With respect to an eligible employee who is employed
  775  in a regularly established position on September 1, 2002, by a
  776  district school board employer:
  777         a. Any such employee may elect to participate in the
  778  investment plan in lieu of retaining his or her membership in
  779  the pension plan. The election must be made in writing or by
  780  electronic means and must be filed with the third-party
  781  administrator by November 30, or, in the case of an active
  782  employee who is on a leave of absence on July 1, 2002, by the
  783  last business day of the 5th month following the month the leave
  784  of absence concludes. This election is irrevocable, except as
  785  provided in paragraph (g). Upon making such election, the
  786  employee shall be enrolled as a member of the investment plan,
  787  the employee’s membership in the Florida Retirement System is
  788  governed by the provisions of this part, and the employee’s
  789  membership in the pension plan terminates. The employee’s
  790  enrollment in the investment plan is effective the first day of
  791  the month for which a full month’s employer contribution is made
  792  to the investment program.
  793         b. Any such employee who fails to elect to participate in
  794  the investment plan within the prescribed time period is deemed
  795  to have elected to retain membership in the pension plan, and
  796  the employee’s option to elect to participate in the investment
  797  plan is forfeited.
  798         2. With respect to employees who become eligible to
  799  participate in the investment plan by reason of employment in a
  800  regularly established position with a district school board
  801  employer commencing after July 1, 2002:
  802         a. Any such employee shall, by default, be enrolled in the
  803  pension plan at the commencement of employment, and may, by the
  804  last business day of the 5th month following the employee’s
  805  month of hire, elect to participate in the investment plan. The
  806  employee’s election must be made in writing or by electronic
  807  means and must be filed with the third-party administrator. The
  808  election to participate in the investment plan is irrevocable,
  809  except as provided in paragraph (g).
  810         b. If the employee files such election within the
  811  prescribed time period, enrollment in the investment plan is
  812  effective on the first day of employment. The employer
  813  retirement contributions paid through the month of the employee
  814  plan change shall be transferred to the investment plan, and,
  815  effective the first day of the next month, the employer shall
  816  pay the applicable contributions based on the employee
  817  membership class in the investment plan.
  818         c. Any such employee who fails to elect to participate in
  819  the investment plan within the prescribed time period is deemed
  820  to have elected to retain membership in the pension plan, and
  821  the employee’s option to elect to participate in the investment
  822  plan is forfeited.
  823         3. For purposes of this paragraph, “district school board
  824  employer” means any district school board that participates in
  825  the Florida Retirement System for the benefit of certain
  826  employees, or a charter school or charter technical career
  827  center that participates in the Florida Retirement System as
  828  provided in s. 121.051(2)(d).
  829         (c)1. With respect to an eligible employee who is employed
  830  in a regularly established position on December 1, 2002, by a
  831  local employer:
  832         a. Any such employee may elect to participate in the
  833  investment plan in lieu of retaining his or her membership in
  834  the pension plan. The election must be made in writing or by
  835  electronic means and must be filed with the third-party
  836  administrator by February 28, 2003, or, in the case of an active
  837  employee who is on a leave of absence on October 1, 2002, by the
  838  last business day of the 5th month following the month the leave
  839  of absence concludes. This election is irrevocable, except as
  840  provided in paragraph (g). Upon making such election, the
  841  employee shall be enrolled as a participant of the investment
  842  plan, the employee’s membership in the Florida Retirement System
  843  is governed by the provisions of this part, and the employee’s
  844  membership in the pension plan terminates. The employee’s
  845  enrollment in the investment plan is effective the first day of
  846  the month for which a full month’s employer contribution is made
  847  to the investment plan.
  848         b. Any such employee who fails to elect to participate in
  849  the investment plan within the prescribed time period is deemed
  850  to have elected to retain membership in the pension plan, and
  851  the employee’s option to elect to participate in the investment
  852  plan is forfeited.
  853         2. With respect to employees who become eligible to
  854  participate in the investment plan by reason of employment in a
  855  regularly established position with a local employer commencing
  856  after October 1, 2002:
  857         a. Any such employee shall, by default, be enrolled in the
  858  pension plan at the commencement of employment, and may, by the
  859  last business day of the 5th month following the employee’s
  860  month of hire, elect to participate in the investment plan. The
  861  employee’s election must be made in writing or by electronic
  862  means and must be filed with the third-party administrator. The
  863  election to participate in the investment plan is irrevocable,
  864  except as provided in paragraph (g).
  865         b. If the employee files such election within the
  866  prescribed time period, enrollment in the investment plan is
  867  effective on the first day of employment. The employer
  868  retirement contributions paid through the month of the employee
  869  plan change shall be transferred to the investment plan, and,
  870  effective the first day of the next month, the employer shall
  871  pay the applicable contributions based on the employee
  872  membership class in the investment plan.
  873         c. Any such employee who fails to elect to participate in
  874  the investment plan within the prescribed time period is deemed
  875  to have elected to retain membership in the pension plan, and
  876  the employee’s option to elect to participate in the investment
  877  plan is forfeited.
  878         3. For purposes of this paragraph, “local employer” means
  879  any employer not included in paragraph (a) or paragraph (b).
  880         (c)(d) Contributions available for self-direction by a
  881  member who has not selected one or more specific investment
  882  products shall be allocated as prescribed by the state board.
  883  The third-party administrator shall notify the member at least
  884  quarterly that the member should take an affirmative action to
  885  make an asset allocation among the investment products.
  886         (d)(e) On or after July 1, 2011, a member of the pension
  887  plan who obtains a refund of employee contributions retains his
  888  or her prior plan choice upon return to employment in a
  889  regularly established position with a participating employer.
  890         (e)1.(f) A member of the investment plan who takes a
  891  distribution of any contributions from his or her investment
  892  plan account is considered a retiree. A retiree who is initially
  893  reemployed in a regularly established position on or after July
  894  1, 2010, through June 30, 2017, is not eligible for to be
  895  enrolled in renewed membership, except as provided in s.
  896  121.122.
  897         2. A retiree who is reemployed on or after July 1, 2017,
  898  shall be enrolled as a renewed member as provided in s. 121.122.
  899         (f)(g) After the period during which an eligible employee
  900  had the choice to elect the pension plan or the investment plan,
  901  or the month following the receipt of the eligible employee’s
  902  plan election, if sooner, the employee shall have one
  903  opportunity, at the employee’s discretion, to choose to move
  904  from the pension plan to the investment plan or from the
  905  investment plan to the pension plan. Eligible employees may
  906  elect to move between plans only if they are earning service
  907  credit in an employer-employee relationship consistent with s.
  908  121.021(17)(b), excluding leaves of absence without pay.
  909  Effective July 1, 2005, such elections are effective on the
  910  first day of the month following the receipt of the election by
  911  the third-party administrator and are not subject to the
  912  requirements regarding an employer-employee relationship or
  913  receipt of contributions for the eligible employee in the
  914  effective month, except when the election is received by the
  915  third-party administrator. This paragraph is contingent upon
  916  approval by the Internal Revenue Service.
  917         1. If the employee chooses to move to the investment plan,
  918  the provisions of subsection (3) govern the transfer.
  919         2. If the employee chooses to move to the pension plan, the
  920  employee must transfer from his or her investment plan account,
  921  and from other employee moneys as necessary, a sum representing
  922  the present value of that employee’s accumulated benefit
  923  obligation immediately following the time of such movement,
  924  determined assuming that attained service equals the sum of
  925  service in the pension plan and service in the investment plan.
  926  Benefit commencement occurs on the first date the employee is
  927  eligible for unreduced benefits, using the discount rate and
  928  other relevant actuarial assumptions that were used to value the
  929  pension plan liabilities in the most recent actuarial valuation.
  930  For any employee who, at the time of the second election,
  931  already maintains an accrued benefit amount in the pension plan,
  932  the then-present value of the accrued benefit is deemed part of
  933  the required transfer amount. The division must ensure that the
  934  transfer sum is prepared using a formula and methodology
  935  certified by an enrolled actuary. A refund of any employee
  936  contributions or additional member payments made which exceed
  937  the employee contributions that would have accrued had the
  938  member remained in the pension plan and not transferred to the
  939  investment plan is not permitted.
  940         3. Notwithstanding subparagraph 2., an employee who chooses
  941  to move to the pension plan and who became eligible to
  942  participate in the investment plan by reason of employment in a
  943  regularly established position with a state employer after June
  944  1, 2002; a district school board employer after September 1,
  945  2002; or a local employer after December 1, 2002, must transfer
  946  from his or her investment plan account, and from other employee
  947  moneys as necessary, a sum representing the employee’s actuarial
  948  accrued liability. A refund of any employee contributions or
  949  additional member participant payments made which exceed the
  950  employee contributions that would have accrued had the member
  951  remained in the pension plan and not transferred to the
  952  investment plan is not permitted.
  953         4. An employee’s ability to transfer from the pension plan
  954  to the investment plan pursuant to paragraphs (a) and (b) (a)
  955  (d), and the ability of a current employee to have an option to
  956  later transfer back into the pension plan under subparagraph 2.,
  957  shall be deemed a significant system amendment. Pursuant to s.
  958  121.031(4), any resulting unfunded liability arising from actual
  959  original transfers from the pension plan to the investment plan
  960  must be amortized within 30 plan years as a separate unfunded
  961  actuarial base independent of the reserve stabilization
  962  mechanism defined in s. 121.031(3)(f). For the first 25 years, a
  963  direct amortization payment may not be calculated for this base.
  964  During this 25-year period, the separate base shall be used to
  965  offset the impact of employees exercising their second program
  966  election under this paragraph. The actuarial funded status of
  967  the pension plan will not be affected by such second program
  968  elections in any significant manner, after due recognition of
  969  the separate unfunded actuarial base. Following the initial 25
  970  year period, any remaining balance of the original separate base
  971  shall be amortized over the remaining 5 years of the required
  972  30-year amortization period.
  973         5. If the employee chooses to transfer from the investment
  974  plan to the pension plan and retains an excess account balance
  975  in the investment plan after satisfying the buy-in requirements
  976  under this paragraph, the excess may not be distributed until
  977  the member retires from the pension plan. The excess account
  978  balance may be rolled over to the pension plan and used to
  979  purchase service credit or upgrade creditable service in the
  980  pension plan.
  981         (5) CONTRIBUTIONS.—
  982         (c) The state board, acting as plan fiduciary, must ensure
  983  that all plan assets are held in a trust, pursuant to s. 401 of
  984  the Internal Revenue Code. The fiduciary must ensure that such
  985  contributions are allocated as follows:
  986         1. The employer and employee contribution portion earmarked
  987  for member accounts shall be used to purchase interests in the
  988  appropriate investment vehicles as specified by the member, or
  989  in accordance with paragraph (4)(c) (4)(d).
  990         2. The employer contribution portion earmarked for
  991  administrative and educational expenses shall be transferred to
  992  the state board’s Administrative Trust Fund.
  993         3. The employer contribution portion earmarked for
  994  disability benefits and line-of-duty death benefits shall be
  995  transferred to the Florida Retirement System Trust Fund.
  996         (10) EDUCATION COMPONENT.—
  997         (a) The state board, in coordination with the department,
  998  shall provide for an education component for eligible employees
  999  system members in a manner consistent with the provisions of
 1000  this subsection section. The education component must be
 1001  available to eligible employees at least 90 days prior to the
 1002  beginning date of the election period for the employees of the
 1003  respective types of employers.
 1004         (h) Pursuant to subsection (8), all Florida Retirement
 1005  System employers have an obligation to regularly communicate the
 1006  existence of the two Florida Retirement System plans and the
 1007  plan choice in the natural course of administering their
 1008  personnel functions, using the educational materials supplied by
 1009  the state board and the Department of Management Services.
 1010         Section 6. Subsection (4) of section 121.591, Florida
 1011  Statutes, is amended to read:
 1012         121.591 Payment of benefits.—Benefits may not be paid under
 1013  the Florida Retirement System Investment Plan unless the member
 1014  has terminated employment as provided in s. 121.021(39)(a) or is
 1015  deceased and a proper application has been filed as prescribed
 1016  by the state board or the department. Benefits, including
 1017  employee contributions, are not payable under the investment
 1018  plan for employee hardships, unforeseeable emergencies, loans,
 1019  medical expenses, educational expenses, purchase of a principal
 1020  residence, payments necessary to prevent eviction or foreclosure
 1021  on an employee’s principal residence, or any other reason except
 1022  a requested distribution for retirement, a mandatory de minimis
 1023  distribution authorized by the administrator, or a required
 1024  minimum distribution provided pursuant to the Internal Revenue
 1025  Code. The state board or department, as appropriate, may cancel
 1026  an application for retirement benefits if the member or
 1027  beneficiary fails to timely provide the information and
 1028  documents required by this chapter and the rules of the state
 1029  board and department. In accordance with their respective
 1030  responsibilities, the state board and the department shall adopt
 1031  rules establishing procedures for application for retirement
 1032  benefits and for the cancellation of such application if the
 1033  required information or documents are not received. The state
 1034  board and the department, as appropriate, are authorized to cash
 1035  out a de minimis account of a member who has been terminated
 1036  from Florida Retirement System covered employment for a minimum
 1037  of 6 calendar months. A de minimis account is an account
 1038  containing employer and employee contributions and accumulated
 1039  earnings of not more than $5,000 made under the provisions of
 1040  this chapter. Such cash-out must be a complete lump-sum
 1041  liquidation of the account balance, subject to the provisions of
 1042  the Internal Revenue Code, or a lump-sum direct rollover
 1043  distribution paid directly to the custodian of an eligible
 1044  retirement plan, as defined by the Internal Revenue Code, on
 1045  behalf of the member. Any nonvested accumulations and associated
 1046  service credit, including amounts transferred to the suspense
 1047  account of the Florida Retirement System Investment Plan Trust
 1048  Fund authorized under s. 121.4501(6), shall be forfeited upon
 1049  payment of any vested benefit to a member or beneficiary, except
 1050  for de minimis distributions or minimum required distributions
 1051  as provided under this section. If any financial instrument
 1052  issued for the payment of retirement benefits under this section
 1053  is not presented for payment within 180 days after the last day
 1054  of the month in which it was originally issued, the third-party
 1055  administrator or other duly authorized agent of the state board
 1056  shall cancel the instrument and credit the amount of the
 1057  instrument to the suspense account of the Florida Retirement
 1058  System Investment Plan Trust Fund authorized under s.
 1059  121.4501(6). Any amounts transferred to the suspense account are
 1060  payable upon a proper application, not to include earnings
 1061  thereon, as provided in this section, within 10 years after the
 1062  last day of the month in which the instrument was originally
 1063  issued, after which time such amounts and any earnings
 1064  attributable to employer contributions shall be forfeited. Any
 1065  forfeited amounts are assets of the trust fund and are not
 1066  subject to chapter 717.
 1067         (4) LINE-OF-DUTY DEATH BENEFITS FOR INVESTMENT PLAN SPECIAL
 1068  RISK CLASS MEMBERS.—Benefits are provided under this subsection
 1069  to the spouse and child or children of members in the investment
 1070  plan Special Risk Class when such members are killed in the line
 1071  of duty and are payable in lieu of the benefits that would
 1072  otherwise be payable under subsection (1) or subsection (3).
 1073  Benefits provided by this subsection supersede any other
 1074  distribution that may have been provided by the member’s
 1075  designation of beneficiary. Such benefits must be funded from
 1076  employer contributions made under s. 121.571, transferred
 1077  employee contributions and funds accumulated pursuant to
 1078  paragraph (a), and interest and earnings thereon.
 1079         (a) Transfer of funds.—To qualify to receive monthly
 1080  benefits under this subsection:
 1081         1. All moneys accumulated in the member’s account,
 1082  including vested and nonvested accumulations as described in s.
 1083  121.4501(6), must be transferred from such individual accounts
 1084  to the division for deposit in the survivor benefit account of
 1085  the Florida Retirement System Trust Fund. Moneys in the survivor
 1086  benefit account must be accounted for separately. Earnings must
 1087  be credited on an annual basis for amounts held in the survivor
 1088  benefit account of the Florida Retirement System Trust Fund
 1089  based on actual earnings of the trust fund.
 1090         2. If the member has retained retirement credit earned
 1091  under the pension plan as provided in s. 121.4501(3), a sum
 1092  representing the actuarial present value of such credit within
 1093  the Florida Retirement System Trust Fund shall be transferred by
 1094  the division from the pension plan to the survivor benefit
 1095  retirement program as implemented under this subsection and
 1096  shall be deposited in the survivor benefit account of the trust
 1097  fund.
 1098         (b) Survivor retirement; entitlement.—An investment plan
 1099  member who is in the Special Risk Class at the time the member
 1100  is killed in the line of duty on or after July 1, 2002 2013,
 1101  regardless of length of creditable service, may have survivor
 1102  benefits paid as provided in s. 121.091(7)(d) and (i) to:
 1103         1. The surviving spouse for the spouse’s lifetime; or
 1104         2. If there is no surviving spouse or the surviving spouse
 1105  dies, the member’s child or children under 18 years of age and
 1106  unmarried until the 18th birthday of the member’s youngest
 1107  child. Such payments may be extended until the 25th birthday of
 1108  any child of the member if the child is unmarried and enrolled
 1109  as a full-time student as provided in s. 121.091(7)(d) and (i).
 1110         (c) Survivor benefit retirement effective date.—
 1111         1. The effective retirement date for the surviving spouse
 1112  or eligible child of a Special Risk Class member who is killed
 1113  in the line of duty is:
 1114         a.1. The first day of the month following the member’s
 1115  death if the member dies on or after July 1, 2016.
 1116         b.2. July 1, 2016, for a member of the Special Risk Class
 1117  when killed in the line of duty on or after July 1, 2013, but
 1118  before July 1, 2016, if the application is received before July
 1119  1, 2016; or the first day of the month following the receipt of
 1120  such application.
 1121         2. Except as provided in subparagraph 1., the effective
 1122  retirement date for the surviving spouse or eligible child of an
 1123  investment plan member who is killed in the line of duty is:
 1124         a. The first day of the month following the member’s death
 1125  if the member dies on or after July 1, 2017.
 1126         b. July 1, 2017, if the member is killed in the line of
 1127  duty on or after July 1, 2002, but before July 1, 2017, if the
 1128  application is received before July 1, 2017; or the first day of
 1129  the month following the receipt of such application.
 1130  
 1131  If the investment plan account balance has already been paid out
 1132  to the surviving spouse or the eligible unmarried dependent
 1133  child or children, the benefit payable shall be actuarially
 1134  reduced by the amount of the payout.
 1135         (d) Line-of-duty death benefit.—
 1136         1. The following individuals are eligible to receive a
 1137  retirement benefit under s. 121.091(7)(d) and (i) if the
 1138  member’s account balance is surrendered and an application is
 1139  received and approved:
 1140         a. The surviving spouse.
 1141         b. If there is no surviving spouse or the surviving spouse
 1142  dies, the member’s child or children under 18 years of age and
 1143  unmarried until the 18th birthday of the member’s youngest
 1144  child, or until the 25th birthday of the member’s child if the
 1145  child is unmarried and enrolled as a full-time student.
 1146         2. Such surviving spouse or such child or children shall
 1147  receive a monthly survivor benefit that begins accruing on the
 1148  first day of the month of survivor benefit retirement, as
 1149  approved by the division, and is payable on the last day of that
 1150  month and each month thereafter during the surviving spouse’s
 1151  lifetime or on behalf of the unmarried children of the member
 1152  until the 18th birthday of the youngest child, or until the 25th
 1153  birthday of any of the member’s unmarried children who are
 1154  enrolled as full-time students. Survivor benefits must be paid
 1155  out of the survivor benefit account of the Florida Retirement
 1156  System Trust Fund established under this subsection.
 1157  
 1158  If the investment plan account balance has already been paid out
 1159  to the surviving spouse or the eligible unmarried dependent
 1160  child or children, the benefit payable shall be actuarially
 1161  reduced by the amount of the payout.
 1162         (e) Computation of survivor benefit retirement benefit.—The
 1163  amount of each monthly payment must be calculated as provided
 1164  under s. 121.091(7)(d) and (i).
 1165         (f) Death of the surviving spouse or children.—
 1166         1. Upon the death of a surviving spouse, the monthly
 1167  benefits shall be paid through the last day of the month of
 1168  death and shall terminate or be paid on behalf of the unmarried
 1169  child or children until the 18th birthday of the youngest child,
 1170  or the 25th birthday of any of the member’s unmarried children
 1171  who are enrolled as full-time students.
 1172         2. If the surviving spouse dies and the benefits are being
 1173  paid on behalf of the member’s unmarried children as provided in
 1174  subparagraph 1., benefits shall be paid through the last day of
 1175  the month until the later of the month the youngest child
 1176  reaches his or her 18th birthday, the month of the 25th birthday
 1177  of any of the member’s unmarried children enrolled as full-time
 1178  students, or the month of the death of the youngest child.
 1179         Section 7. Section 121.5912, Florida Statutes, is amended
 1180  to read:
 1181         121.5912 Survivor benefit retirement program; qualified
 1182  status; rulemaking authority.—It is the intent of the
 1183  Legislature that the survivor benefit retirement program for
 1184  Special Risk Class members of the Florida Retirement System
 1185  Investment Plan meet all applicable requirements for a qualified
 1186  plan. If the state board or the division receives notification
 1187  from the Internal Revenue Service that this program or any
 1188  portion of this program will cause the retirement system, or any
 1189  portion thereof, to be disqualified for tax purposes under the
 1190  Internal Revenue Code, the portion that will cause the
 1191  disqualification does not apply. Upon such notice, the state
 1192  board or the division shall notify the presiding officers of the
 1193  Legislature. The state board and the department may adopt any
 1194  rules necessary to maintain the qualified status of the survivor
 1195  benefit retirement program.
 1196         Section 8. The Legislature finds that a proper and
 1197  legitimate state purpose is served when employees and retirees
 1198  of the state and its political subdivisions, and the dependents,
 1199  survivors, and beneficiaries of such employees and retirees, are
 1200  extended the basic protections afforded by governmental
 1201  retirement systems. These persons must be provided benefits that
 1202  are fair and adequate and that are managed, administered, and
 1203  funded in an actuarially sound manner, as required by s. 14,
 1204  Article X of the State Constitution and part VII of chapter 112,
 1205  Florida Statutes. Therefore, the Legislature determines and
 1206  declares that this act fulfills an important state interest.
 1207         Section 9. This act shall take effect July 1, 2017.