Legislation, The Law, & Public Records


1999 FRS & Local Retirement Bills Report

General Bills Passed

HB 885
Signed by Governor June 8, 1999; Chapter Law 99-291, Laws of Florida. Effective July 1, 1999:

  • Senior Management Service Class membership is mandatory for judges of compensation claims within the Office of the Judges of Compensation Claims, Department of Labor and Employment Security.

  • Local agency employees who are members of the Senior Management Service Class may withdraw from the FRS altogether. Also removes the requirement that they participate in a local annuity plan.

CS/HB 1013
Signed by Governor June 18, 1999; Chapter Law 99-389, Laws of Florida. Effective July 1, 1999:
Creates the Florida Retirement System Preservation of Benefits Plan to provide retirement benefits that would otherwise be limited by the maximum benefit limitations of s. 415(b) of the Internal Revenue Code.

HB 1055
Signed by Governor March 25, 1999; Chapter Law 99-9, Laws of Florida. Effective June 29, 1999:
Changes "Elected State and County Officers Class" to "Elected Officers Class" wherever the name appears in Section 121, Florida Statutes.

HB 1489
Signed by Governor June 8, 1999; Chapter Law 99-314, Laws of Florida. Effective July 1, 1999:
Creates the Florida Retirement System Preservation of Benefits Plan Trust Fund to provide the retirement benefits created by CS/HB 1013 above that would otherwise be limited by the maximum benefit limitations of s. 415(b) of the Internal Revenue Code.

HB 1883
Signed by Governor June 18, 1999; Chapter Law 99-392, Laws of Florida. Effective upon becoming law, except for the reenactment of 96-423 concerning blind vending operators which is retroactive to June 7, 1996 and the addition of emergency medical technicians and paramedics to the Special Risk Class which is effective October 1, 1999:

  • Provides for the review and comment of local retirement systems actuarial valuations at least on a triennial basis.

  • Allows a member of any public pension plan to receive benefits based on the same service from more than one pension plan offered by the same employer, while continuing to restrict a member from receiving benefits based on the same service from "a different employer's retirement system or plan".

  • Changes the term "30 calendar days" to "one calendar month" as the time period for which a member is required to return to work after a suspension of employment or a leave of absence in order to be eligible to claim credit for the absence.

  • Amends the definition of "creditable service" in section 121.021, F.S., to allow an employee of an FRS employer other than a school board who provides services exclusively for a school board to earn service credit based on a school term work year. This would give such an employee a full year of service credit for working for the complete school year.

  • Gives the Division general rulemaking authority to adopt rules to implement the statutory provisions that confer duties upon the Division.

  • Creates the Florida Retirement System Actuarial Assumption Conference to develop official information concerning assumptions and funding methods of the FRS necessary to perform the actuarial valuation of the FRS. This information should include an analysis of the actuarial assumptions and methods and a determination of whether they should be changed due to experience changes or revised future forecasts. The positions that are to be included as members of the Conference are named.

  • Reenacts the provisions passed in Chapter 96-423, Laws of Florida, that amended sections 121.051, and 413.051, F.S., pertaining to vending facility operators. All blind or partially sighted persons employed or licensed by the Division of Blind Services as vending facility operators on or after July 1, 1996 are considered independent contractors, and, therefore, not eligible for FRS membership. Persons who were vending facility operators prior to July 1, 1996 had the option to withdraw or to remain in the FRS. Vending facility operators who remain in the FRS are required to pay any unappropriated retirement costs from their net profits or from program income. If sufficient funds are not paid to cover the required contribution to the FRS, the vending facility operator will become ineligible to participate in the FRS and no service credit will be earned after that month. FRS retirement contribution rate changes in sections 121.052, 121.055, 121.071, and 121.40, F.S., although unrelated to blind vending facility operators, were also in Chapter 96-423, Laws of Florida, and are also being reenacted in this bill.

  • Reduces retirement contribution rates effective July 1, 1999, based on the 1998 Actuarial Valuation of the FRS. The unfunded actuarial liability will be eliminated and rates for every membership class will be reduced, providing a statewide savings to FRS employers of $1.17 billion for fiscal year 1999-2000.

  • Corrects an error in language pertaining to the Senior Management Service Optional Annuity Program and changes from $3,500 to $5,000 the maximum amount of a de minimis account which terminated SMSOAP participants may receive as a cash-out, conforming the amount to federal law.

  • Clarifies that, when applying for disability benefits, proof of a members total and permanent disability must include documentation that the members condition occurred while he or she was employed with a covered employer and that the member was totally and permanently disabled at the time he or she terminated covered employment. Proof must be provided that an in-line-of-duty disability was caused by a job-related illness or accident during the members employment.

  • Amends the 1998 provision that allows a joint annuitant of a member who dies before vesting to purchase up to one year of retirement credit in order to vest the members benefit and become eligible to receive a survivors benefit. Such joint annuitant can purchase additional credit to vest either with the members accumulated annual leave or with the members eligible out-of-state or in-state service. The joint annuitant would now be able to use a combination of these two methods, rather than only one of the two as is currently allowed, to purchase up to one year of additional service. The amendment also clarifies that the cost to purchase such service will be the contribution rate in effect for the period of time being claimed, plus 6.5% interest, which is consistent with most other provisions that allow for the purchase of retirement credit.

  • Changes the age from "50" to "52" for which a Special Risk Class member must elect to participate in the Deferred Retirement Option Program.

  • Changes an incorrect cite in s. 121.091(13) from "(c)4.d." to "(c)5.d."

  • Makes a correction to a cite in s. 121.122(3)(b) from "121.055(1)(h)" to "121.055(1)(i)."

  • Gives the State Retirement Commission general rulemaking authority to adopt rules to implement the statutory provisions that confer duties upon it.

  • Changes from $3,500 to $5,000 the maximum amount of a de minimis account which terminated ORP participants may receive as a cash-out, conforming the amount to federal law.

  • Amends section 121.40, F.S., pertaining to the Institute of Food and Agricultural Sciences (IFAS) Supplemental Retirement Program at the University of Florida. This amendment removes the FRS limitation on reemployment after retirement for IFAS participants with the exception of employment at the institute in a position as a cooperative extension employee, as provided in 121.40(4)(e). This section also reenacts the provisions in 121.40 pertaining to contribution rates that were originally passed in Chapter 96-423, Laws of Florida.

  • Amends section 175.071 and 185.06, F.S., to permit investment by the boards of trustees of non-FRS police and firefighter trust funds in corporations listed on the National Market System of the Nasdaq Stock Market.

  • Repeals section 121.027, F.S., created by chapter 97-180, Laws of Florida, giving the division rulemaking authority for that act.

  • Requires the Governor, Comptroller, and Treasurer, sitting as the Board of Trustees of the State Board of Administration, to review the actuarial valuation of the FRS and review the process by which FRS contribution rates are determined and recommend and submit any comments regarding the process to the Legislature.

  • Adds state law enforcement officers to the group of employees for whom any condition or impairment of health caused by tuberculosis, heart disease, or hypertension resulting in total or partial disability or death shall be presumed to have been accidental and to have been suffered in the line of duty unless the contrary is shown by competent evidence.

  • Adds emergency medical technicians and paramedics to the Special Risk Class effective October 1, 1999.

  • Requires the Senate Fiscal Policy Committee, the Senate Governmental Oversight and Productivity Committee, the House Governmental Operations Committee, and the House General Appropriations Committee to review the current Florida Retirement System and make recommendations to the presiding officers regarding the costs and benefits of alternative retirement plan options on both the employers and employees, prior to February 1, 2000. Recommendations shall include a defined contribution plan.

SB 150
Signed by Governor May 13, 1999; Chapter Law 99-155, Laws of Florida. Effective July 1, 2000:
All new recipients of retirement benefits will be paid by direct deposit of funds.

CS/CS/SB 1924
Signed by Governor June 8, 1999; Chapter Law 99-252, Laws of Florida. Effective July 1, 1999:
Expands positions eligible for participation in the State University System Optional Retirement Program to include all administrative and professional positions that are exempt from career service.

SB 2280
Signed by Governor June 8, 1999; Chapter Law 99-255, Laws of Florida. Effective July 1, 1999:

  • Transfers functions of the Division of Retirement to the Department of Management Services.

  • Allows an FRS member who serves as an elected mayor of a consolidated local government which has chosen status as a municipality instead of a county government to participate in the Elected Officers' Class of the FRS. Any such former mayor or his employer may purchase credit for such service. Such service may not also be used in a local retirement plan.



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