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Amendment CaShTmL-322918.HTM
                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 2884
    Amendment No. ___   Barcode 322918
                            CHAMBER ACTION
              Senate                               House
 1                  WD/2R          .                    
       04/23/2004 08:31 AM         .                    
 2                                 .                    
 3                                 .                    
 4  ______________________________________________________________
10  ______________________________________________________________
11  Senator Constantine moved the following amendment:
13         Senate Amendment (with title amendment) 
14         On page 16, between lines 30 and 31,
16  insert:  
17         Section 10.  Subsection (7) is added to section 121.35,
18  Florida Statutes, to read:
19         121.35  Optional retirement program for the State
20  University System.--
22  PROGRAM.--Effective July 1, 2004, a state university, as
23  defined in s. 100.21, shall irrevocably assume responsibility
24  for the independent maintenance and administration of the
25  optional retirement program described in this section with
26  respect to all former, present, and future eligible employees
27  of such university and their beneficiaries. When a state
28  university implements the independent optional retirement
29  program, the provisions of this section shall apply, except to
30  the extent that such provisions are superseded by the
31  following:
    4:22 PM   04/22/04                              s2884c2c-22j02

SENATE AMENDMENT Bill No. CS for CS for SB 2884 Amendment No. ___ Barcode 322918 1 (a) All employer and employee contributions under the 2 program shall be made either directly by the state university 3 or by its program administrator to the designated provider 4 companies that are contracting pursuant to subsection (1) for 5 the accumulation and payment of benefits to the program 6 participant, provided that a program administrator may not 7 also be a designated provider company or affiliate thereof and 8 shall be engaged solely for the purpose of facilitating the 9 payment of contributions to designated provider companies as 10 selected by the participant employee upon enrollment with such 11 provider companies or their local representatives. 12 (b) The state university may authorize the deposit 13 into a participant's account or accounts contributions in the 14 form of rollovers or direct trustee-to-trustee transfers by or 15 on behalf of participants who are reasonably determined by the 16 state university to be eligible for rollover or transfer to 17 its optional retirement program pursuant to the Internal 18 Revenue Code and any applicable requirements of the state 19 university. Accounting for such contributions by the 20 designated provider companies shall be in accordance with the 21 applicable requirements of the Internal Revenue Code and the 22 state university. 23 (c) The state university may deduct from its employer 24 contribution on behalf of each program participant an amount 25 approved by the state university's board of trustees to 26 provide for the administration of its optional retirement 27 program. 28 (d) Benefits shall be paid by the provider company or 29 companies in accordance with law, the provisions of the 30 contract, and any applicable state university rule or policy. 31 (e) All aspects of the administration of the program 2 4:22 PM 04/22/04 s2884c2c-22j02
SENATE AMENDMENT Bill No. CS for CS for SB 2884 Amendment No. ___ Barcode 322918 1 as set forth in subsection (6), including the selection of 2 provider companies, investment products, and contracts offered 3 through the optional retirement program, written program 4 description, and an annual accounting of contributions made by 5 and on behalf of each participant, shall be the sole 6 responsibility of the state university. 7 (f) For purposes of administering the Florida 8 Retirement System, the state university shall continue to 9 report required information to the division on a monthly 10 basis. 11 (g) This section does not terminate or otherwise 12 modify contracts entered into prior to July 1, 2004, between 13 the current designated provider companies and the Division of 14 Retirement or the Department of Management Services. Any 15 rights under such contracts which are exercisable by the 16 division or department shall be exercisable by each university 17 assuming responsibility for its own optional retirement 18 program pursuant to this section as the successor governmental 19 entity with respect to such contracts. 20 Section 11. Subsection (7) is added to section 21 121.122, Florida Statutes, to read: 22 121.122 Renewed membership in system.--Except as 23 provided in s. 121.053, effective July 1, 1991, any retiree of 24 a state-administered retirement system who is employed in a 25 regularly established position with a covered employer shall 26 be enrolled as a compulsory member of the Regular Class of the 27 Florida Retirement System or, effective July 1, 1997, any 28 retiree of a state-administered retirement system who is 29 employed in a position included in the Senior Management 30 Service Class shall be enrolled as a compulsory member of the 31 Senior Management Service Class of the Florida Retirement 3 4:22 PM 04/22/04 s2884c2c-22j02
SENATE AMENDMENT Bill No. CS for CS for SB 2884 Amendment No. ___ Barcode 322918 1 System as provided in s. 121.055, and shall be entitled to 2 receive an additional retirement benefit, subject to the 3 following conditions: 4 (7) Effective July 1, 2004, any retiree of a 5 state-administered retirement system who is employed in a 6 regularly established position is eligible to participate in 7 an optional retirement program as established in s. 121.35 or 8 s. 121.051(2)(c), subject to the provisions of those sections. 9 Section 12. Subsection (19) of section 1001.74, 10 Florida Statutes, is amended to read: 11 1001.74 Powers and duties of university boards of 12 trustees.-- 13 (19)(a) Each board of trustees shall establish the 14 personnel program for all employees of the university, 15 including the president, pursuant to the provisions of chapter 16 1012 and, in accordance with rules and guidelines of the State 17 Board of Education, including: compensation and other 18 conditions of employment, recruitment and selection, 19 nonreappointment, standards for performance and conduct, 20 evaluation, benefits and hours of work, leave policies, 21 recognition and awards, inventions and works, travel, learning 22 opportunities, exchange programs, academic freedom and 23 responsibility, promotion, assignment, demotion, transfer, 24 tenure and permanent status, ethical obligations and conflicts 25 of interest, restrictive covenants, disciplinary actions, 26 complaints, appeals and grievance procedures, and separation 27 and termination from employment. The Department of Management 28 Services shall retain authority over state university 29 employees for programs established in ss. 110.123, 110.161, 30 110.1232, 110.1234, and 110.1238 and in chapters 121, 122, and 31 238, except as otherwise provided in paragraph (b). 4 4:22 PM 04/22/04 s2884c2c-22j02
SENATE AMENDMENT Bill No. CS for CS for SB 2884 Amendment No. ___ Barcode 322918 1 (b) Boards of trustees administering optional 2 retirement programs pursuant to s. 121.35(7) may enter into 3 consortia with other boards of trustees for this purpose. 4 5 (Redesignate subsequent sections.) 6 7 8 ================ T I T L E A M E N D M E N T =============== 9 And the title is amended as follows: 10 On page 2, line 8, after the semicolon, 11 12 insert: 13 amending s. 121.35, F.S.; authorizing state 14 universities to assume certain responsibilities 15 regarding the optional retirement program; 16 amending s. 121.122, F.S.; authorizing 17 participation by renewed members in specified 18 optional programs; amending s. 1001.74, F.S., 19 to conform; 20 21 22 23 24 25 26 27 28 29 30 31 5 4:22 PM 04/22/04 s2884c2c-22j02
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