May 26, 2020
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       Florida Senate - 2010                                     SB 810
       
       
       
       By Senator Aronberg
       
       
       
       
       27-00064-10                                            2010810__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Retirement System;
    3         amending s. 121.111, F.S.; conforming cross
    4         references; authorizing additional persons to purchase
    5         credit for prior military wartime service; amending s.
    6         121.052, F.S.; conforming a cross-reference; revising
    7         the payroll contribution rates for the membership
    8         classes of the system; providing a declaration of
    9         important state interest; providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 121.111, Florida Statutes, is amended to
   14  read:
   15         121.111 Credit for military service.—
   16         (1) Creditable service of any member shall also include
   17  military service as defined in s. 121.021(20)(a) if:
   18         (a) The member is in the active employ of an employer
   19  immediately before prior to such service and leaves a position,
   20  other than a temporary position, for the purpose of induction
   21  into the Armed Forces of the United States or entry upon duty in
   22  the Armed Forces of the United States. When applied to the
   23  Florida Retirement System:
   24         1. The term “position other than a temporary position”
   25  means a regularly established position with a Florida Retirement
   26  System employer; and
   27         2. A member shall be construed to have left his or her
   28  employment for military purposes if he or she reported for
   29  active duty within 60 days after leaving such employment;
   30         (b) The member is entitled to reemployment under the
   31  provisions of the Uniformed Services Employment and Reemployment
   32  Rights Act Veterans’ Reemployment Rights Act (38 U.S.C. ss. 2021
   33  et seq.);
   34         (c) The member applies for reemployment with the same
   35  employer within the time set forth in the Uniformed Services
   36  Employment and Reemployment Rights Act s. 2021 or s. 2024 of the
   37  Veterans’ Reemployment Rights Act, whichever is applicable, and
   38  is reemployed by such employer;
   39         (d) The member makes the required employee contributions,
   40  if any, and the employer makes the required employer
   41  contributions for the employee’s membership class for each month
   42  of service credit during the such period of military service,
   43  based upon the employee’s rate of monthly compensation as of the
   44  date that the employee left his or her position, plus 4 percent
   45  interest on such contributions compounded annually from the due
   46  date of the contribution until July 1, 1975, and 6.5 percent
   47  interest compounded annually thereafter, until the payment is
   48  made to the appropriate proper retirement trust fund; and
   49         (e) The period of service claimed pursuant to this
   50  subsection does not exceed the periods specified by the
   51  provisions of the Uniformed Services Employment and Reemployment
   52  Rights Act ss. 2021 and 2024 of the Veterans’ Reemployment
   53  Rights Act which are applicable in the member’s case.
   54         (2) Any member whose initial date of employment is before
   55  January 1, 1987, who has military service as defined in s.
   56  121.021(20)(b), and who does not claim such service under
   57  subsection (1) may receive creditable service for such military
   58  service if:
   59         (a) The member is vested;
   60         (b) Creditable service, not to exceed a total of 4 years,
   61  is claimed only as service earned in the Regular Class of
   62  membership; and
   63         (c) The member pays into the proper retirement trust fund 4
   64  percent of gross salary, based upon his or her first year of
   65  salary subsequent to July 1, 1945, that he or she has credit for
   66  under this system, plus 4 percent interest thereon compounded
   67  annually from the date of first creditable service under this
   68  chapter until July 1, 1975, and 6.5 percent interest compounded
   69  annually thereafter, until payment is made to the appropriate
   70  proper retirement trust fund.
   71         (3)(d) The member may not receive credit under subsection
   72  (2) for any wartime military service if the member also receives
   73  credit for such service under any federal, state, or local
   74  retirement or pension system where “length of service” is a
   75  factor in determining the amount of compensation received.
   76  However, credit for wartime military service may be received if
   77  where the member also receives credit under a pension system
   78  providing retired pay for nonregular service in the Armed Forces
   79  of the United States in accordance with 10 U.S.C. ss. 1331 et
   80  seq., as follows:
   81         (a)1. Any person whose retirement date under the Florida
   82  Retirement System is before prior to July 1, 1985, may claim
   83  such service at any time, as provided in this subsection, upon
   84  payment of contributions and interest as provided in paragraph
   85  (2)(c) (c), with interest computed to the retired member’s
   86  retirement date. The benefit must shall be recalculated and
   87  increased to include the additional service credit granted for
   88  such wartime military service, and a lump-sum payment shall be
   89  made to the retiree for the amount owed due to the additional
   90  service credit, retroactive to the date of retirement.
   91         (b)2. Any person whose retirement date is on or after July
   92  1, 1985, must claim such service and pay the required
   93  contributions, as provided in subsection (4) paragraph (c),
   94  prior to the commencement of his or her retirement benefits, as
   95  provided in this subsection.
   96         (4)(e) Any member claiming credit under this subsection (2)
   97  must certify on the form prescribed by the department that
   98  credit for such service has not and will not be claimed for
   99  retirement purposes under any other federal, state, or local
  100  retirement or pension system where “length of service” is a
  101  factor in determining the amount of compensation received,
  102  unless except where credit for such service has been granted in
  103  a pension system providing retired pay for nonregular service as
  104  provided in subsection (3) paragraph (d). If the member dies
  105  before prior to retirement, the member’s beneficiary must make
  106  the required certification before credit may be claimed. If such
  107  certification is not made by the member or the member’s
  108  beneficiary, credit for wartime military service may shall not
  109  be claimed allowed.
  110         (5)(f) Service credit awarded for wartime military service
  111  under subsection (2) equals shall be the total number of years,
  112  months, and days from and including the date of entry into
  113  active duty through the date of discharge from active duty, up
  114  to a maximum of 4 years. If the military service includes a
  115  partial year, it must shall be stated as a fraction of a year.
  116  Creditable military service must shall be calculated in
  117  accordance with rule 60S-2.005(2)(j), Florida Administrative
  118  Code.
  119         (6)(3) Except as provided by law or rule, the employer is
  120  not required to make contributions for military service credit
  121  for any member.
  122         Section 2. Paragraph (d) of subsection (12) of section
  123  121.052, Florida Statutes, is amended to read:
  124         121.052 Membership class of elected officers.—
  125         (12) BENEFITS.—
  126         (d) The provisions of ss. 121.101 and 121.111, relating to
  127  the cost-of-living adjustment of retirement benefits and
  128  retirement credit for wartime military service, respectively,
  129  shall apply to members of the Elected Officers’ Class.
  130  Creditable service for actual wartime service, as authorized by
  131  s. 121.111(2), not exceeding 4 years, shall be acquired and paid
  132  for as provided in s. 121.111 said subsection. Upon payment by
  133  the member of 4 percent of gross salary plus accrued interest,
  134  retirement credit shall be granted at the rate of 1.6 percent
  135  for each year of creditable service acquired under said
  136  subsection.
  137         Section 3. Effective July 1, 2010, in order to fund the
  138  benefits provided by this act:
  139         (1) The contribution rate that applies to the Regular Class
  140  of the Florida Retirement System is increased by 0.11 percentage
  141  points.
  142         (2) The contribution rate that applies to the Special Risk
  143  Class of the Florida Retirement System is increased by 0.16
  144  percentage points.
  145         (3) The contribution rate that applies to the Special Risk
  146  Administrative Support Class of the Florida Retirement System is
  147  increased by 0.21 percentage points.
  148         (4) The contribution rate that applies to the Judicial
  149  subclass of the Elected Officers’ Class of the Florida
  150  Retirement System is increased by 0.20 percentage points.
  151         (5) The contribution rate that applies to the legislative
  152  attorney-Cabinet subclass of the Elected Officers’ Class of the
  153  Florida Retirement System is increased by 0.19 percentage
  154  points.
  155         (6) The contribution rate that applies to the County
  156  Officers’ subclass of the Elected Officers’ Class of the Florida
  157  Retirement System is increased by 0.22 percentage points.
  158         (7) The contribution rate that applies to the Senior
  159  Management Service Class of the Florida Retirement System is
  160  increased by 0.18 percentage points.
  161  
  162  These increases are in addition to all other changes to such
  163  contribution rates which may be enacted into law to take effect
  164  on that date. The Division of Statutory Revision is directed to
  165  adjust the contribution rates set forth in ss. 121.052, 121.055,
  166  and 121.071, Florida Statutes.
  167         Section 4. The Legislature finds that a proper and
  168  legitimate state purpose is served when employees and retirees
  169  of the state and its political subdivisions, and the dependents,
  170  survivors, and beneficiaries of such employees and retirees, are
  171  extended the basic protections afforded by governmental
  172  retirement systems. These persons must be provided benefits that
  173  are fair and adequate and that are managed, administered, and
  174  funded in an actuarially sound manner, as required by s. 14,
  175  Article X of the State Constitution and part VII of chapter 112,
  176  Florida Statutes. Therefore, the Legislature determines and
  177  declares that this act fulfills an important state interest.
  178         Section 5. This act shall take effect July 1, 2010.

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