January 21, 2021
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       Florida Senate - 2010                                    SB 1764
       
       
       
       By Senator Lawson
       
       
       
       
       6-01370-10                                            20101764__
    1                        A bill to be entitled                      
    2         An act relating to the retiree health insurance
    3         subsidy; amending s. 112.363, F.S.; increasing the
    4         minimum and maximum health insurance subsidies;
    5         providing for a cost-of-living adjustment to the
    6         subsidy; increasing the contribution paid by employers
    7         of members in state-administered retirement plans;
    8         providing legislative findings; providing an effective
    9         date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (e) of subsection (3) of section
   14  112.363, Florida Statutes, is amended, paragraphs (f), (g), and
   15  (h) are added to that subsection, and subsection (8) of that
   16  section is amended, to read:
   17         112.363 Retiree health insurance subsidy.—
   18         (3) RETIREE HEALTH INSURANCE SUBSIDY AMOUNT.—
   19         (e)1. Beginning July 1, 2001, each eligible retiree of the
   20  defined benefit program of the Florida Retirement System, or, if
   21  the retiree is deceased, his or her beneficiary who is receiving
   22  a monthly benefit from such retiree’s account and who is a
   23  spouse, or a person who meets the definition of joint annuitant
   24  in s. 121.021(28), shall receive a monthly retiree health
   25  insurance subsidy payment equal to the number of years of
   26  creditable service, as defined in s. 121.021(17), completed at
   27  the time of retirement multiplied by $5; however, an no eligible
   28  retiree or beneficiary may not receive a subsidy payment of more
   29  than $150 or less than $30. If there are multiple beneficiaries,
   30  the total payment may must not be greater than the payment to
   31  which the retiree was entitled. The health insurance subsidy
   32  amount payable to any person receiving the retiree health
   33  insurance subsidy payment on July 1, 2001, may shall not be
   34  reduced solely by operation of this subparagraph.
   35         (f)2. Beginning July 1, 2002, each eligible participant of
   36  the Public Employee Optional Retirement Program of the Florida
   37  Retirement System who has met the requirements of this section,
   38  or, if the participant is deceased, his or her spouse who is the
   39  participant’s designated beneficiary, shall receive a monthly
   40  retiree health insurance subsidy payment equal to the number of
   41  years of creditable service, as defined in s. 121.021 provided
   42  in this subparagraph, completed at the time of retirement,
   43  multiplied by $5; however, an no eligible retiree or beneficiary
   44  may not receive a subsidy payment of more than $150 or less than
   45  $30. For purposes of determining a participant’s creditable
   46  service used to calculate the health insurance subsidy, a
   47  participant’s years of service credit or fraction thereof must
   48  shall be based on the participant’s work year as defined in s.
   49  121.021(54). Credit shall be awarded for a full work year
   50  whenever health insurance subsidy contributions are have been
   51  made as required by law for each month in the participant’s work
   52  year. In addition, all years of creditable service retained
   53  under the Florida Retirement System defined benefit program must
   54  shall be included as creditable service for purposes of this
   55  section. Notwithstanding any other provision in this section to
   56  the contrary, the spouse at the time of death is shall be the
   57  participant’s beneficiary unless such participant has designated
   58  a different beneficiary after subsequent to the participant’s
   59  most recent marriage.
   60         (g)Beginning January 1, 2011:
   61         1.Each eligible retiree of the defined benefit program of
   62  the Florida Retirement System or, if the retiree is deceased,
   63  his or her beneficiary who is receiving a monthly benefit from
   64  the retiree’s account and who is a spouse or a person who meets
   65  the definition of a joint annuitant in s. 121.021 shall receive
   66  a monthly retiree health insurance subsidy payment equal to the
   67  number of years of creditable service, as defined in s. 121.021,
   68  completed at the time of retirement multiplied by $6; however,
   69  an eligible retiree or beneficiary may not receive a subsidy
   70  payment of more than $180 or less than $36. If there are
   71  multiple beneficiaries, the total payment may not be greater
   72  than the payment to which the retiree was entitled.
   73  Notwithstanding any other provision in this section, the spouse
   74  at the time of death is the participant’s beneficiary unless the
   75  participant has designated a different beneficiary after the
   76  participant’s most recent marriage. The health insurance subsidy
   77  amount payable to any person receiving the retiree health
   78  insurance subsidy payment on January 1, 2010, may not be reduced
   79  solely by operation of this subparagraph.
   80         2.Each eligible participant of the Public Employee
   81  Optional Retirement Program of the Florida Retirement System who
   82  has met the requirements of this section or, if the participant
   83  is deceased, his or her spouse who is the participant’s
   84  designated beneficiary shall receive a monthly retiree health
   85  insurance subsidy equal to the number of years of creditable
   86  service completed at the time of retirement multiplied by $6;
   87  however, an eligible retiree or beneficiary may not receive a
   88  subsidy payment of more than $180 or less than $36. For purposes
   89  of determining a participant’s creditable service under this
   90  subparagraph, a participant’s years of service credit or
   91  fraction thereof must be based on the participant’s work year as
   92  defined in s. 121.021. Credit shall be awarded for a full work
   93  year whenever health insurance subsidy contributions are made
   94  for each month in the participant’s work year. In addition, all
   95  years of creditable service retained under the Florida
   96  Retirement System defined benefit program must be included as
   97  creditable service for purposes of this section. Notwithstanding
   98  any other provision in this section, the spouse at the time of
   99  death is the participant’s beneficiary unless the participant
  100  has designated a different beneficiary after the participant’s
  101  most recent marriage.
  102         (h)Beginning January 1, 2012:
  103         1.Each eligible retiree of the defined benefit program of
  104  the Florida Retirement System or, if the retiree is deceased,
  105  his or her beneficiary who is receiving a monthly benefit from
  106  the retiree’s account and who is a spouse or a person who meets
  107  the definition of a joint annuitant in s. 121.021 shall receive
  108  a monthly retiree health insurance subsidy payment equal to the
  109  number of years of creditable service, as defined in s. 121.021,
  110  completed at the time of retirement multiplied by $7; however,
  111  an eligible retiree or beneficiary may not receive a subsidy
  112  payment of more than $210 or less than $42. If there are
  113  multiple beneficiaries, the total payment may not be greater
  114  than the payment to which the retiree was entitled.
  115  Notwithstanding any other provision in this section, the spouse
  116  at the time of death is the participant’s beneficiary unless the
  117  participant has designated a different beneficiary after the
  118  participant’s most recent marriage. The health insurance subsidy
  119  amount payable to any person receiving the retiree health
  120  insurance subsidy payment on January 1, 2010, may not be reduced
  121  solely by operation of this subparagraph.
  122         2.Each eligible participant of the Public Employee
  123  Optional Retirement Program of the Florida Retirement System who
  124  has met the requirements of this section or, if the participant
  125  is deceased, his or her spouse who is the participant’s
  126  designated beneficiary shall receive a monthly retiree health
  127  insurance subsidy equal to the number of years of creditable
  128  service, as defined in s. 121.021, completed at the time of
  129  retirement multiplied by $7; however, an eligible retiree or
  130  beneficiary may not receive a subsidy payment of more than $210
  131  or less than $42. For purposes of determining a participant’s
  132  creditable service, a participant’s years of service credit or
  133  fraction thereof must be based on the participant’s work year as
  134  defined in s. 121.021. Credit shall be awarded for a full work
  135  year whenever health insurance subsidy contributions are made
  136  for each month in the participant’s work year. In addition, all
  137  years of creditable service retained under the Florida
  138  Retirement System defined benefit program must be included as
  139  creditable service for purposes of this section. Notwithstanding
  140  any other provision in this section, the spouse at the time of
  141  death is the participant’s beneficiary unless the participant
  142  has designated a different beneficiary after the participant’s
  143  most recent marriage.
  144         (8) CONTRIBUTIONS.—For purposes of funding the insurance
  145  subsidy provided by this section:
  146         (a) Beginning October 1, 1987, the employer of each member
  147  of a state-administered retirement plan shall contribute 0.24
  148  percent of gross compensation each pay period.
  149         (b) Beginning January 1, 1989, the employer of each member
  150  of a state-administered retirement plan shall contribute 0.48
  151  percent of gross compensation each pay period.
  152         (c) Beginning January 1, 1994, the employer of each member
  153  of a state-administered retirement plan shall contribute 0.56
  154  percent of gross compensation each pay period.
  155         (d) Beginning January 1, 1995, the employer of each member
  156  of a state-administered retirement plan shall contribute 0.66
  157  percent of gross compensation each pay period.
  158         (e) Beginning July 1, 1998, the employer of each member of
  159  a state-administered retirement plan shall contribute 0.94
  160  percent of gross compensation each pay period.
  161         (f) Beginning July 1, 2001, the employer of each member of
  162  a state-administered plan shall contribute 1.11 percent of gross
  163  compensation each pay period.
  164         (g)Beginning January 1, 2011, the employer of each member
  165  of a state-administered retirement plan shall contribute 1.75
  166  percent of gross compensation each pay period.
  167  
  168  Such contributions shall be submitted to the Department of
  169  Management Services and deposited in the Retiree Health
  170  Insurance Subsidy Trust Fund.
  171         Section 2. The Legislature finds that a proper and
  172  legitimate state purpose is served when employees and retirees
  173  of the state and the dependents, survivors, and beneficiaries of
  174  such employees and retirees are extended the basic protections
  175  afforded by governmental retirement systems. These persons must
  176  be provided benefits that are fair and adequate and that are
  177  managed, administered, and funded in a sound actuarial manner,
  178  as required by Section 14, Article X of the State Constitution
  179  and part VII of chapter 112, Florida Statutes. Therefore, the
  180  Legislature determines and declares that this act fulfills an
  181  important state interest.
  182         Section 3. This act shall take effect July 1, 2010.

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