Florida Senate - 2018                                     SB 980
       By Senator Brandes
       24-01027-18                                            2018980__
    1                        A bill to be entitled                      
    2         An act relating to publicly funded retirement
    3         programs; amending s. 112.63, F.S.; revising minimum
    4         requirements for actuarial reports for retirement
    5         systems or plans subject to part VII of ch. 112, F.S.;
    6         requiring the governing body responsible for the
    7         retirement system or plan to review the enrolled
    8         actuary’s statement within a specified timeframe;
    9         requiring the governing body to provide a written
   10         explanation if differing actuarial assumptions are
   11         adopted; increasing the frequency by which the
   12         Department of Management Services must review and
   13         comment on a retirement system’s or plan’s actuarial
   14         valuations; requiring each local government retirement
   15         system or plan to submit certain information
   16         accompanying its actuarial report to the department;
   17         amending s. 112.64, F.S.; requiring the unfunded
   18         liability of retirement systems or plans established
   19         on or after a certain date to be amortized within a
   20         specified timeframe; revising requirements for
   21         determining payroll growth assumptions for unfunded
   22         liability amortization schedules; amending s. 112.664,
   23         F.S.; modifying requirements for annual reports
   24         prepared by each defined benefit retirement system or
   25         plan; amending s. 112.665, F.S.; revising duties of
   26         the department as to the oversight of local retirement
   27         systems or plans; amending s. 121.031, F.S.; requiring
   28         the administrator of the Florida Retirement System to
   29         provide the results of the system’s actuarial study to
   30         the Governor and the presiding officers of the
   31         Legislature annually; revising minimum requirements
   32         for the actuarial study; amending s. 121.0312, F.S.;
   33         requiring the Governor and the presiding officers of
   34         the Legislature to acknowledge and review the
   35         actuarial valuation report after receipt; specifying
   36         minimum requirements for such review; requiring the
   37         department to publish the written acknowledgments in a
   38         certain manner; amending ss. 121.4501 and 212.055,
   39         F.S.; conforming cross-references; providing a
   40         declaration of important state interest; providing
   41         effective dates.
   43  Be It Enacted by the Legislature of the State of Florida:
   45         Section 1. Section 112.63, Florida Statutes, is amended to
   46  read:
   47         112.63 Actuarial reports and statements of actuarial
   48  impact; review.—
   49         (1) Each retirement system or plan subject to the
   50  provisions of this part must act shall have regularly scheduled
   51  actuarial reports prepared and certified by an enrolled actuary.
   52  The actuarial report must include shall consist of, but is not
   53  limited to, the following:
   54         (a) Adequacy of employer and employee contribution rates in
   55  meeting levels of employee benefits provided in the system and
   56  changes, if any, needed in such rates to achieve or preserve a
   57  level of funding deemed adequate to enable payment through the
   58  indefinite future of the benefit amounts prescribed by the
   59  system, which shall include a valuation of present assets, based
   60  on market and actuarial statement value, and current and
   61  prospective assets and liabilities of the system and the extent
   62  of unfunded accrued liabilities, if any.
   63         (b) A plan to amortize any unfunded liability pursuant to
   64  s. 112.64 and a description of actions taken to reduce the
   65  unfunded liability.
   66         (c) A description and explanation of actuarial assumptions.
   67         (d) A schedule illustrating the amortization of unfunded
   68  liabilities, if any.
   69         (e) A list of preretirement and postretirement benefits
   70  provided to employees, including, but not limited to, life
   71  insurance; health insurance; dental care; vision care; fitness
   72  programs, discounts, or reimbursements; continuing education or
   73  tuition credit programs; cost-of-living adjustments; payment for
   74  unused leave; disability insurance; and health savings accounts
   75  or flexible spending accounts.
   76         (f)A comparative review illustrating the actual salary
   77  increases granted and The rate of investment return realized
   78  over the 3-year period preceding the actuarial report with the
   79  assumptions used in both the preceding and current actuarial
   80  reports.
   81         (g)(f) Effective January 1, 2016, the mortality tables used
   82  in either of the two most recently published actuarial valuation
   83  reports of the Florida Retirement System, including the
   84  projection scale for mortality improvement. Appropriate risk and
   85  collar adjustments must be made based on plan demographics. The
   86  tables must be used for assumptions for preretirement and
   87  postretirement mortality.
   88         (h)(g) A statement by the enrolled actuary that the report
   89  is complete and accurate and that in his or her opinion the
   90  techniques and assumptions used are reasonable and meet the
   91  requirements and intent of this part act.
   92         1. The statement must include an analysis of the assumed
   93  rate of return established by the plan’s governing body. The
   94  analysis must include specific recommendations regarding an
   95  appropriate assumed rate of return.
   96         2. The plan’s governing body shall, within 30 days after
   97  receipt, review the statement of the enrolled actuary. If the
   98  governing body adopted actuarial assumptions other than those
   99  recommended by the enrolled actuary producing the actuarial
  100  valuation report, the plan’s governing body must provide a
  101  written explanation as to why actuarial assumptions other than
  102  those recommended were adopted. The written explanation must be
  103  published as an addendum to the report.
  105  The actuarial cost methods used utilized for establishing the
  106  amount of the annual actuarial normal cost to support the
  107  promised benefits must shall only be those methods approved in
  108  the Employee Retirement Income Security Act of 1974 and as
  109  authorized permitted under regulations prescribed by the
  110  Secretary of the Treasury.
  111         (2) The frequency of actuarial reports must be at least
  112  every 3 years commencing from the last actuarial report of the
  113  plan or system or October 1, 1980, if no actuarial report has
  114  been issued within the 3-year period before prior to October 1,
  115  1979. The results of each actuarial report must shall be filed
  116  with the plan administrator within 60 days after of
  117  certification. Thereafter, the results of each actuarial report
  118  must shall be made available for inspection upon request.
  119  Additionally, each retirement system or plan covered by this
  120  part act which is not administered directly by the Department of
  121  Management Services shall furnish a copy of each actuarial
  122  report to the Department of Management Services within 60 days
  123  after receipt from the actuary. The requirements of this section
  124  are supplemental to actuarial valuations necessary to comply
  125  with the requirements of s. 218.39.
  126         (3) A No unit of local government may not shall agree to a
  127  proposed change in retirement benefits unless the administrator
  128  of the system, before prior to adoption of the change by the
  129  governing body, and before prior to the last public hearing
  130  thereon, has issued a statement of the actuarial impact of the
  131  proposed change upon the local retirement system, consistent
  132  with the actuarial review, and has furnished a copy of such
  133  statement to the division. Such statement must shall also
  134  indicate whether the proposed changes are in compliance with s.
  135  14, Art. X of the State Constitution and with s. 112.64.
  136         (4) Upon receipt, pursuant to subsection (2), of an
  137  actuarial report, or, pursuant to subsection (3), of a statement
  138  of actuarial impact, the Department of Management Services shall
  139  acknowledge such receipt, and but shall only review and comment
  140  on each retirement system’s or plan’s actuarial valuations at
  141  least on a triennial basis.
  142         (a) If the department finds that the actuarial valuation is
  143  not complete, accurate, or based on reasonable assumptions or
  144  otherwise materially fails to satisfy the requirements of this
  145  part; requires additional material information necessary to
  146  complete its review of the actuarial valuation of a system or
  147  plan or material information necessary to satisfy the duties of
  148  the department pursuant to s. 112.665(1); or does not receive
  149  the actuarial report or statement of actuarial impact, the
  150  department shall notify the administrator of the affected
  151  retirement system or plan and the affected governmental entity
  152  and request appropriate adjustment, the additional material
  153  information, or the required report or statement. The
  154  notification must inform the administrator and the affected
  155  governmental entity of the consequences for failing to comply
  156  with the requirements of this subsection.
  157         (b) If, after a reasonable period of time, a satisfactory
  158  adjustment is not made or the report, statement, or additional
  159  material information is not provided, the department may notify
  160  the Department of Revenue and the Department of Financial
  161  Services of the noncompliance, and the Department of Revenue and
  162  the Department of Financial Services shall withhold any funds
  163  not pledged for satisfaction of bond debt service which are
  164  payable to the affected governmental entity until the adjustment
  165  is made or the report, statement, or additional material
  166  information is provided to the department. The Department of
  167  Management Services shall specify the date such action is to
  168  begin and notify the Department of Revenue, the Department of
  169  Financial Services, and the affected governmental entity 30 days
  170  before the specified date.
  171         (c) Within 21 days after receipt of the notice, the
  172  affected governmental entity may petition the Department of
  173  Management Services for a hearing under ss. 120.569 and 120.57.
  174  The Department of Revenue and the Department of Financial
  175  Services may not be parties to the hearing, but may request to
  176  intervene if requested by the Department of Management Services
  177  or if the Department of Revenue or the Department of Financial
  178  Services determines its interests may be adversely affected by
  179  the hearing.
  180         1. If the administrative law judge recommends in favor of
  181  the department, the department shall perform an actuarial
  182  review, prepare the statement of actuarial impact, or collect
  183  the requested material information. The cost to the department
  184  of performing the actuarial review, preparing the statement, or
  185  collecting the requested material information shall be charged
  186  to the affected governmental entity whose employees are covered
  187  by the retirement system or plan. If payment is not received by
  188  the department within 60 days after the affected governmental
  189  entity receives the request for payment, the department shall
  190  certify to the Department of Revenue and the Department of
  191  Financial Services the amount due, and the Department of Revenue
  192  and the Department of Financial Services shall pay such amount
  193  to the Department of Management Services from funds not pledged
  194  for satisfaction of bond debt service which are payable to the
  195  affected governmental entity.
  196         2. If the administrative law judge recommends in favor of
  197  the affected governmental entity and the department performs an
  198  actuarial review, prepares the statement of actuarial impact, or
  199  collects the requested material information, the cost to the
  200  department shall be paid by the Department of Management
  201  Services.
  202         (d) In the case of an affected special district, the
  203  Department of Management Services shall also notify the
  204  Department of Economic Opportunity. Upon receipt of
  205  notification, the Department of Economic Opportunity shall
  206  proceed pursuant to s. 189.067.
  207         1. Failure of a special district to provide a required
  208  report or statement, to make appropriate adjustments, or to
  209  provide additional material information after the procedures
  210  specified in s. 189.067(1) are exhausted shall be deemed final
  211  action by the special district.
  212         2. The Department of Management Services may notify the
  213  Department of Economic Opportunity of those special districts
  214  that failed to come into compliance. Upon receipt of
  215  notification, the Department of Economic Opportunity shall
  216  proceed pursuant to s. 189.067(4).
  217         (5) Payments made to the fund as required by this chapter
  218  shall be based on the normal and past service costs contained in
  219  the most recent actuarial valuation, subject to being state
  220  accepted.
  221         (6) Beginning October 1, 2018 July 1, 1980, each retirement
  222  system or plan of a unit of local government shall maintain and
  223  submit to the Department of Management Services along with the
  224  actuarial report required under this section, in an accurate and
  225  accessible format prescribed by the Department of Management
  226  Services form, the following information:
  227         (a) For each active and inactive member of the system, a
  228  number or other means of identification; date of birth; sex;
  229  date of employment; period of credited service, split, if
  230  required, between prior service and current service; and
  231  occupational classification.
  232         (b) For each active member, current pay rate, cumulative
  233  contributions together with accumulated interest, if credited,
  234  age at entry into system, and current rate of contribution.
  235         (c) For each inactive member, average final compensation or
  236  equivalent and age at which deferred benefit is to begin.
  237         (d) For each retired member and other beneficiary, a number
  238  or other means of identification, date of birth, sex, beginning
  239  date of benefit, type of retirement and amount of monthly
  240  benefit, and type of survivor benefit.
  241         Section 2. Present subsections (4) through (7) of section
  242  112.64, Florida Statutes, are renumbered as subsections (5)
  243  through (8), respectively, a new subsection (4) is added to that
  244  section, and subsection (3) and present subsection (5) of that
  245  section are amended, to read:
  246         112.64 Administration of funds; amortization of unfunded
  247  liability.—
  248         (3) For a retirement system or plan with its first plan
  249  year beginning between October 1, 1980, and October 1, 2018
  250  which comes into existence after October 1, 1980, the unfunded
  251  liability, if any, shall be amortized within 40 years of the
  252  first plan year.
  253         (4) For a retirement system or plan that comes into
  254  existence after October 1, 2018, the unfunded liability, if any,
  255  shall be amortized within 30 years of the first plan year.
  256         (6)(5)(a) If the amortization schedule for unfunded
  257  liability is to be based on a contribution derived in whole or
  258  in part from a percentage of the payroll of the system or plan
  259  membership, the assumption as to payroll growth may shall not
  260  exceed the average payroll growth for the 3 10 years before
  261  prior to the latest actuarial valuation of the system or plan
  262  unless a transfer, merger, or consolidation of government
  263  functions or services occurs, in which case the assumptions for
  264  payroll growth may be adjusted and may be based on the
  265  membership of the retirement plan or system subsequent to such
  266  transfer, merger, or consolidation.
  267         (b) An unfunded liability amortization schedule that
  268  includes a payroll growth assumption and is in existence on
  269  September 30, 1996, or is established thereafter, may be
  270  continued using the same payroll growth assumption, or one not
  271  exceeding the payroll growth assumption established at the start
  272  of the schedule, regardless of the actual 10-year average
  273  payroll growth rate, provided that:
  274         1. The assumptions underlying the payroll growth rate are
  275  consistent with the actuarial assumptions used to determine
  276  unfunded liabilities, including, but not limited to, the
  277  inflation assumption; and
  278         2. The payroll growth rate is reasonable and consistent
  279  with future expectations of payroll growth.
  280         (c) An unfunded liability amortization schedule that does
  281  not include a payroll growth assumption and is in existence on
  282  September 30, 1996, or is established thereafter, may be
  283  continued or modified to include a payroll growth assumption,
  284  provided that such assumption does not exceed the 10-year
  285  average payroll growth rate as of the actuarial valuation date
  286  such change in the amortization schedule commences. Such
  287  schedule may be continued thereafter, subject to the reasonable
  288  and consistent requirements in paragraph (b).
  289         Section 3. Paragraph (d) of subsection (1) of section
  290  112.664, Florida Statutes, is amended to read:
  291         112.664 Reporting standards for defined benefit retirement
  292  plans or systems.—
  293         (1) In addition to the other reporting requirements of this
  294  part, within 60 days after receipt of the certified actuarial
  295  report submitted after the close of the plan year that ends on
  296  or after December 31, 2015, and thereafter in each year required
  297  under s. 112.63(2), each defined benefit retirement system or
  298  plan, excluding the Florida Retirement System, shall prepare and
  299  electronically report the following information to the
  300  Department of Management Services in a format prescribed by the
  301  department:
  302         (d) Information indicating the recommended contributions to
  303  the plan based on the plan’s latest valuation, and the
  304  contributions necessary to fund the plan based on financial
  305  statements prepared pursuant to paragraphs (a) and (b), stated
  306  as an annual dollar value, and a percentage of valuation
  307  payroll, and a percentage of the annual revenue of the plan
  308  sponsor.
  309         Section 4. Subsection (1) of section 112.665, Florida
  310  Statutes, is amended to read:
  311         112.665 Duties of Department of Management Services.—
  312         (1) The Department of Management Services shall:
  313         (a) Gather, catalog, publish, and maintain complete,
  314  computerized data information on all public employee retirement
  315  systems or plans in the state based upon receipt and a review of
  316  audits, reports, and other data pertaining to the systems or
  317  plans;
  318         (b) Receive and comment upon all actuarial reviews of
  319  retirement systems or plans maintained by units of local
  320  government for compliance with the requirements of this part;
  321         (c) Cooperate with local retirement systems or plans on
  322  matters of mutual concern and provide technical assistance to
  323  units of local government in the assessment and revision of
  324  retirement systems or plans;
  325         (d) Annually issue, by January 1, a report to the President
  326  of the Senate and the Speaker of the House of Representatives,
  327  which details division activities, findings, and recommendations
  328  concerning all governmental retirement systems. The report may
  329  include legislation proposed to carry out such recommendations;
  330         (e) Provide a fact sheet for each participating local
  331  government defined benefit pension plan which summarizes the
  332  plan’s actuarial status. The fact sheet should provide a summary
  333  of the plan’s most current actuarial data;, minimum funding
  334  requirements stated as a percentage of pay, dollar value, and a
  335  percentage of the annual revenue of the plan sponsor; and a 5
  336  year history of funded ratios. The fact sheet must include a
  337  brief explanation of each element in order to maximize the
  338  transparency of the local government plans. The fact sheet must
  339  also contain the information specified in s. 112.664(1). These
  340  documents shall be posted on the department’s website. Plan
  341  sponsors that have websites must provide a link to the
  342  department’s website;
  343         (f) Annually issue, by January 1, a report to the Special
  344  District Accountability Program of the Department of Economic
  345  Opportunity which includes the participation in and compliance
  346  of special districts with the local government retirement system
  347  provisions in s. 112.63 and the state-administered retirement
  348  system provisions specified in part I of chapter 121; and
  349         (g) Adopt reasonable rules to administer this part.
  350         Section 5. Subsections (3) and (4) of section 121.031,
  351  Florida Statutes, are amended to read:
  352         121.031 Administration of system; appropriation; oaths;
  353  actuarial studies; public records.—
  354         (3) The administrator shall cause an actuarial study of the
  355  system to be made at least annually and shall report the results
  356  of such study to the Governor, the President of the Senate, and
  357  the Speaker of the House of Representatives Legislature by
  358  December 31 before prior to the next regular legislative
  359  session. The study must shall, at a minimum, conform to the
  360  requirements of s. 112.63, with the following exceptions and
  361  additions:
  362         (a) The valuation of plan assets must shall be based on a
  363  5-year averaging methodology as such as that specified in the
  364  United States Department of Treasury Regulations, 26 C.F.R. s.
  365  1.412(c)(2)-1 in effect on August 16, 2006, or a similar
  366  accepted approach designed to attenuate fluctuations in asset
  367  values.
  368         (b) The study must shall include a narrative explaining the
  369  changes in the covered group over the period between actuarial
  370  valuations and the impact of those changes on actuarial results.
  371         (c) When substantial changes in actuarial assumptions have
  372  been made, the study must shall reflect the results of an
  373  actuarial assumption as of the current date based on the
  374  assumptions utilized in the prior actuarial report.
  375         (d) The study must shall include an analysis of the changes
  376  in actuarial valuation results by the factors generating those
  377  changes. Such analysis shall reconcile the current actuarial
  378  valuation results with those results from the prior valuation.
  379         (e) The study must shall include measures of funding status
  380  and funding progress designed to facilitate the assessment of
  381  trends over several actuarial valuations with respect to the
  382  overall solvency of the system. Such measures shall be adopted
  383  by the department and shall be used consistently in all
  384  actuarial valuations performed on the system.
  385         (f) The study must include an analysis of the assumed rate
  386  of return adopted by the Florida Retirement System Actuarial
  387  Assumption Conference pursuant to s. 216.136(10). The analysis
  388  must include specific recommendations regarding an appropriate
  389  assumed rate of return.
  390         (g) The actuarial model used to determine the adequate
  391  level of funding for the Florida Retirement System must shall
  392  include a specific rate stabilization mechanism, as prescribed
  393  herein. It is the intent of the Legislature to maintain as a
  394  reserve a specific portion of any actuarial surplus, and to use
  395  such reserve for the purpose of offsetting future unfunded
  396  liabilities caused by experience losses, thereby minimizing the
  397  risk of future increases in contribution rates. It is further
  398  the intent of the Legislature that the use of any excess above
  399  the reserve to offset retirement system normal costs must shall
  400  be in a manner that will allow system employers to plan
  401  appropriately for resulting cost reductions and subsequent cost
  402  increases. The rate stabilization mechanism operates shall
  403  operate as follows:
  404         1. The actuarial surplus must shall be the value of
  405  actuarial assets over actuarial liabilities, as is determined on
  406  the preceding June 30 or as may be estimated on the preceding
  407  December 31.
  408         2. The full amount of any experience loss shall be offset,
  409  to the extent possible, by any actuarial surplus.
  410         3. If the actuarial surplus exceeds 5 percent of actuarial
  411  liabilities, one-half of the excess may be used to offset total
  412  retirement system costs. In addition, if the actuarial surplus
  413  exceeds 10 percent of actuarial liabilities, an additional one
  414  fourth of the excess above 10 percent may be used to offset
  415  total retirement system costs. In addition, if the actuarial
  416  surplus exceeds 15 percent of actuarial liabilities, an
  417  additional one-fourth of the excess above 15 percent may be used
  418  to offset total retirement system costs.
  419         4. Any surplus amounts available to offset total retirement
  420  system costs pursuant to subparagraph 3. should be amortized
  421  each year over a 10-year rolling period on a level-dollar basis.
  422         (4) Notwithstanding the provisions of s. 112.64(5) s.
  423  112.64(4) to the contrary, the net increase, if any, in unfunded
  424  liability under the system arising from significant system
  425  amendments adopted or changes in assumptions must shall be
  426  amortized within 30 plan years.
  427         Section 6. Effective July 1, 2019, section 121.0312,
  428  Florida Statutes, is amended to read:
  429         121.0312 Acknowledgment of review; actuarial valuation
  430  report; contribution rate determination process.—
  431         (1) The Governor, Chief Financial Officer, and Attorney
  432  General, sitting as the Board of Trustees of the State Board of
  433  Administration, shall review the actuarial valuation report
  434  prepared in accordance with the provisions of this chapter. The
  435  state board shall review the process by which Florida Retirement
  436  System contribution rates are determined and recommend and
  437  submit any comments regarding the process to the Legislature.
  438         (2) The Governor, the President of the Senate, and the
  439  Speaker of the House of Representatives shall, within 30 days
  440  after receipt, acknowledge in writing their acceptance and
  441  review of the actuarial valuation report prepared in accordance
  442  with this chapter and any recommendations regarding actuarial
  443  assumptions contained therein. The review must contain an
  444  explanation from each principal as to why actuarial assumptions
  445  other than those recommended by the enrolled actuary producing
  446  the actuarial valuation report were adopted by the Florida
  447  Retirement System Actuarial Assumption Conference. The
  448  department shall publish the written acknowledgments as addenda
  449  to the report.
  450         Section 7. Paragraph (f) of subsection (4) of section
  451  121.4501, Florida Statutes, is amended to read:
  452         121.4501 Florida Retirement System Investment Plan.—
  454         (f) After the period during which an eligible employee had
  455  the choice to elect the pension plan or the investment plan, or
  456  the month following the receipt of the eligible employee’s plan
  457  election, if sooner, the employee shall have one opportunity, at
  458  the employee’s discretion, to choose to move from the pension
  459  plan to the investment plan or from the investment plan to the
  460  pension plan. Eligible employees may elect to move between plans
  461  only if they are earning service credit in an employer-employee
  462  relationship consistent with s. 121.021(17)(b), excluding leaves
  463  of absence without pay. Effective July 1, 2005, such elections
  464  are effective on the first day of the month following the
  465  receipt of the election by the third-party administrator and are
  466  not subject to the requirements regarding an employer-employee
  467  relationship or receipt of contributions for the eligible
  468  employee in the effective month, except when the election is
  469  received by the third-party administrator. This paragraph is
  470  contingent upon approval by the Internal Revenue Service.
  471         1. If the employee chooses to move to the investment plan,
  472  the provisions of subsection (3) govern the transfer.
  473         2. If the employee chooses to move to the pension plan, the
  474  employee must transfer from his or her investment plan account,
  475  and from other employee moneys as necessary, a sum representing
  476  the present value of that employee’s accumulated benefit
  477  obligation immediately following the time of such movement,
  478  determined assuming that attained service equals the sum of
  479  service in the pension plan and service in the investment plan.
  480  Benefit commencement occurs on the first date the employee is
  481  eligible for unreduced benefits, using the discount rate and
  482  other relevant actuarial assumptions that were used to value the
  483  pension plan liabilities in the most recent actuarial valuation.
  484  For any employee who, at the time of the second election,
  485  already maintains an accrued benefit amount in the pension plan,
  486  the then-present value of the accrued benefit is deemed part of
  487  the required transfer amount. The division must ensure that the
  488  transfer sum is prepared using a formula and methodology
  489  certified by an enrolled actuary. A refund of any employee
  490  contributions or additional member payments made which exceed
  491  the employee contributions that would have accrued had the
  492  member remained in the pension plan and not transferred to the
  493  investment plan is not permitted.
  494         3. Notwithstanding subparagraph 2., an employee who chooses
  495  to move to the pension plan and who became eligible to
  496  participate in the investment plan by reason of employment in a
  497  regularly established position with a state employer after June
  498  1, 2002; a district school board employer after September 1,
  499  2002; or a local employer after December 1, 2002, must transfer
  500  from his or her investment plan account, and from other employee
  501  moneys as necessary, a sum representing the employee’s actuarial
  502  accrued liability. A refund of any employee contributions or
  503  additional member payments made which exceed the employee
  504  contributions that would have accrued had the member remained in
  505  the pension plan and not transferred to the investment plan is
  506  not permitted.
  507         4. An employee’s ability to transfer from the pension plan
  508  to the investment plan pursuant to paragraphs (a) and (b), and
  509  the ability of a current employee to have an option to later
  510  transfer back into the pension plan under subparagraph 2., shall
  511  be deemed a significant system amendment. Pursuant to s.
  512  121.031(4), any resulting unfunded liability arising from actual
  513  original transfers from the pension plan to the investment plan
  514  must be amortized within 30 plan years as a separate unfunded
  515  actuarial base independent of the reserve stabilization
  516  mechanism defined in s. 121.031(3)(g) s. 121.031(3)(f). For the
  517  first 25 years, a direct amortization payment may not be
  518  calculated for this base. During this 25-year period, the
  519  separate base shall be used to offset the impact of employees
  520  exercising their second program election under this paragraph.
  521  The actuarial funded status of the pension plan will not be
  522  affected by such second program elections in any significant
  523  manner, after due recognition of the separate unfunded actuarial
  524  base. Following the initial 25-year period, any remaining
  525  balance of the original separate base shall be amortized over
  526  the remaining 5 years of the required 30-year amortization
  527  period.
  528         5. If the employee chooses to transfer from the investment
  529  plan to the pension plan and retains an excess account balance
  530  in the investment plan after satisfying the buy-in requirements
  531  under this paragraph, the excess may not be distributed until
  532  the member retires from the pension plan. The excess account
  533  balance may be rolled over to the pension plan and used to
  534  purchase service credit or upgrade creditable service in the
  535  pension plan.
  536         Section 8. Paragraphs (d) and (e) of subsection (9) of
  537  section 212.055, Florida Statutes, are amended to read:
  538         212.055 Discretionary sales surtaxes; legislative intent;
  539  authorization and use of proceeds.—It is the legislative intent
  540  that any authorization for imposition of a discretionary sales
  541  surtax shall be published in the Florida Statutes as a
  542  subsection of this section, irrespective of the duration of the
  543  levy. Each enactment shall specify the types of counties
  544  authorized to levy; the rate or rates which may be imposed; the
  545  maximum length of time the surtax may be imposed, if any; the
  546  procedure which must be followed to secure voter approval, if
  547  required; the purpose for which the proceeds may be expended;
  548  and such other requirements as the Legislature may provide.
  549  Taxable transactions and administrative procedures shall be as
  550  provided in s. 212.054.
  551         (9) PENSION LIABILITY SURTAX.—
  552         (d) The local government may use the pension liability
  553  surtax proceeds in the following manner:
  554         1. If the proceeds of the pension liability surtax have
  555  been actuarially recognized as provided in s. 112.64(7) s.
  556  112.64(6), the local government must distribute the proceeds to
  557  an eligible defined benefit retirement plan or system, not
  558  including the Florida Retirement System.
  559         2. If the proceeds of the pension liability surtax have not
  560  been actuarially recognized, the local government is authorized
  561  to distribute the proceeds to an eligible defined benefit
  562  retirement plan or system, not including the Florida Retirement
  563  System, to pledge the proceeds of the surtax to repay debts
  564  incurred for the purpose of making advanced payments toward the
  565  unfunded liability of an underfunded defined benefit retirement
  566  plan or system, and to reimburse itself from the proceeds of the
  567  surtax for any borrowing costs associated with such debts.
  568         (e) The ordinance providing for the imposition of the
  569  pension liability surtax must specify how the proceeds will be
  570  used:
  571         1. The ordinance must specify the method of determining the
  572  percentage of the proceeds, and the frequency of such payments,
  573  distributed to each eligible defined benefit retirement plan or
  574  system if the proceeds of the pension liability surtax are
  575  actuarially recognized as provided in s. 112.64(7) s. 112.64(6).
  576         2. The ordinance must specify the local government’s
  577  intention to incur debt for the purpose of making advanced
  578  payments toward the unfunded liability of an underfunded defined
  579  benefit retirement plan or system if the proceeds of the pension
  580  liability surtax are not actuarially recognized as provided in
  581  s. 112.64(7) s. 112.64(6).
  582         Section 9. The Legislature finds that a proper and
  583  legitimate state purpose is served when employees and retirees
  584  of the state and its political subdivisions, and the dependents,
  585  survivors, and beneficiaries of such employees and retirees, are
  586  extended the basic protections afforded by governmental
  587  retirement systems that provide fair and adequate benefits and
  588  that are managed, administered, and funded in an actuarially
  589  sound manner as required by s. 14, Article X of the State
  590  Constitution and part VII of chapter 112, Florida Statutes.
  591  Therefore, the Legislature determines and declares that this act
  592  fulfills an important state interest.
  593         Section 10. Except as otherwise expressly provided in this
  594  act, this act shall take effect July 1, 2018.