Florida 2025 Regular Session

Florida House Bill H5007 Compare Versions

Only one version of the bill is available at this time.

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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I VE S
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14	14	A bill to be entitled 1
15	15	An act relating to state -administered retirement 2
16	16	systems; amending s. 121.052, F.S.; revising 3
17	17	participation in the Elected Officers' Class; 4
18	18	requiring certain holders of elective office to 5
19	19	participate in the Senior Management Service Class; 6
20	20	providing an exception; amending s. 121.055, F.S.; 7
21	21	conforming cross-references; amending s. 121.71, F.S.; 8
22	22	revising required employer retirement contribution 9
23	23	rates for each membership class and subclass of the 10
24	24	Florida Retirement System; providing a declaration of 11
25	25	important state interest; providing effective dates. 12
26	26	13
27	27	Be It Enacted by the Legislature of the State of Florida: 14
28	28	15
29	29	Section 1. Subsections (2) and (3) of section 121.052, 16
30	30	Florida Statutes, are amended to read: 17
31	31	121.052 Membership class of elected officers. — 18
32	32	(2) MEMBERSHIP.— 19
33	33	(a) The following holders of elective office, hereinafter 20
34	34	referred to as "elected officers," whether assuming elective 21
35	35	office by election or, reelection, or appointment, are members 22
36	36	of the Elected Officers' Class, except as provided in subsection 23
37	37	(3): 24
38	38	1.(a) Any Governor, Lieutenant Governor, Cabinet officer, 25
39	39
40	40	HB 5007 2025
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46	46	Page 2 of 12
47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I VE S
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49	49
50	50
51	51	legislator, Supreme Court justice, district court of appeal 26
52	52	judge, circuit judge, or state attorney assuming office on or 27
53	53	after July 1, 1972. 28
54	54	2.(b) Any county court judge assuming office on or after 29
55	55	October 1, 1974. 30
56	56	3.(c) Any public defender assuming office on or after July 31
57	57	1, 1977. 32
58	58	4.(d) Any constitutional county elected officer assuming 33
59	59	office on or after July 1, 1981, including any sheriff, tax 34
60	60	collector, property appraiser, supervisor of elections, clerk of 35
61	61	the circuit court, county commissioner, school board member, or 36
62	62	elected school board superintendent, or any elected office r of 37
63	63	any entity with countywide jurisdiction assuming office on or 38
64	64	after July 1, 1981, who, pursuant to general or special law, 39
65	65	exercises powers and duties that, but for such general or 40
66	66	special law, would be exercised by any of the constitutional 41
67	67	county elected officers set forth in this paragraph, including 42
68	68	the sheriff and clerk of the circuit court in a consolidated 43
69	69	government with countywide jurisdiction unless such sheriff or 44
70	70	clerk elected to continue to participate in a local retirement 45
71	71	system. 46
72	72	5.(e) Any public service commissioner assuming office on 47
73	73	or after July 1, 1972, but prior to July 1, 1979. 48
74	74	6.(f) Any elected officer of a municipality or special 49
75	75	district assuming office on July 1, 1997, through June 30, 2009, 50
76	76
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I VE S
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86	86
87	87
88	88	as provided in paragraph (3)(e). On or after January 1, 2010, an 51
89	89	elected officer shall become a member only if the governing body 52
90	90	of the municipality or special district, at the time it joins 53
91	91	the Florida Retirement System for its elected officers, elects, 54
92	92	by majority vote, to include all its elected positions in the 55
93	93	Elected Officers' Class. 56
94	94	(b) Holders of elective office as provided in paragraph 57
95	95	(a) who have assumed elective office by appointment may not 58
96	96	participate in the Elected Officers' Class until the officer 59
97	97	assumes office by elec tion or reelection. Participation in the 60
98	98	Senior Management Service Class is compulsory for a member who 61
99	99	has been appointed to an elected officer position unless such 62
100	100	member elects to withdraw from the system altogether. 63
101	101	(3) PARTICIPATION AND WITHDRAWAL, GENERALLY.—Effective 64
102	102	July 1, 1990, participation in the Elected Officers' Class shall 65
103	103	be compulsory for elected officers listed in subparagraphs 66
104	104	(2)(a)1.-4. and 6. paragraphs (2)(a)-(d) and (f) assuming office 67
105	105	on or after said date, unless the elected offi cer elects 68
106	106	membership in another class or withdraws from the Florida 69
107	107	Retirement System as provided in paragraphs (3)(a) -(d): 70
108	108	(a) Any elected officer who is or becomes dually employed 71
109	109	and a member of the Florida Retirement System or one of the 72
110	110	existing systems may elect membership in any system or class for 73
111	111	which he or she is eligible. Upon becoming dually employed, the 74
112	112	elected officer shall have a period of 6 months to notify the 75
113	113
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I VE S
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123	123
124	124
125	125	administrator of his or her decision, as provided in subsection 76
126	126	(6). 77
127	127	(b) Upon assuming office, any sheriff shall have a period 78
128	128	of 6 months to notify the administrator of his or her decision 79
129	129	to remain or elect membership in the Special Risk Class in lieu 80
130	130	of membership in the Elected Officers' Class. 81
131	131	(c) Any elected officer may, within 6 months after 82
132	132	assuming office, or within 6 months after this act becomes a law 83
133	133	for serving elected officers, elect me mbership in the Senior 84
134	134	Management Service Class as provided in s. 121.055 in lieu of 85
135	135	membership in the Elected Officers' Class. Any such election 86
136	136	made by a county elected officer shall have no effect upon the 87
137	137	statutory limit on the number of nonelective fu ll-time positions 88
138	138	that may be designated by a local agency employer for inclusion 89
139	139	in the Senior Management Service Class under s. 121.055(1)(b)1. 90
140	140	(d)1. Any elected officer may elect to withdraw from 91
141	141	participating in the Florida Retirement System in any m anner 92
142	142	whatsoever. Upon assuming office, the member shall have a period 93
143	143	of 6 months to notify the administrator of his or her decision 94
144	144	to withdraw from the Florida Retirement System altogether. Such 95
145	145	election shall be made in writing and a copy shall be file d with 96
146	146	the employer. 97
147	147	2. Upon receipt of a request from an elected officer to 98
148	148	withdraw from the Florida Retirement System pursuant to 99
149	149	subparagraph 1., the administrator shall refund all moneys 100
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156	156	hb5007-00
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I VE S
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160	160
161	161
162	162	contributed by the elected officer to the system during the 101
163	163	period of participation in the system, unless the elected 102
164	164	officer has a vested right under the Florida Retirement System, 103
165	165	in which case he or she shall not receive a refund of 104
166	166	contributions. 105
167	167	3. Any elected officer who has withdrawn from the Florida 106
168	168	Retirement System pursuant to this paragraph shall be permitted 107
169	169	to rejoin the Elected Officers' Class upon written request to 108
170	170	the administrator. 109
171	171	a. Credit for prior service based on the period for which 110
172	172	refunds were received pursuant to subparagraph 2. shall be 111
173	173	received by an elected officer who rejoins the system upon 112
174	174	payment to the System Trust Fund of an amount equal to the 113
175	175	contributions refunded to the elected officer pursuant to 114
176	176	subparagraph 2., plus 4 percent interest compounded annually 115
177	177	from the date of refund until July 1, 1975, and 6.5 percent 116
178	178	interest, compounded annually thereafter until the date of 117
179	179	payment. 118
180	180	b. Credit for prior service based on the period during 119
181	181	which the elected officer had withdrawn from the system, and for 120
182	182	which no contributions w ere made, shall be received by the 121
183	183	elected officer upon payment to the System Trust Fund of an 122
184	184	amount equal to the contributions required, under the 123
185	185	contribution rate in effect during the period of withdrawal for 124
186	186	which credit is being purchased, plus 6.5 p ercent interest, 125
187	187
188	188	HB 5007 2025
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I VE S
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197	197
198	198
199	199	compounded annually until the date of payment. The payment of 126
200	200	the total of such amount shall be made by the employer and the 127
201	201	elected officer in the relative proportions provided by law for 128
202	202	contributions during the period of withdrawal. 129
203	203	130
204	204	Failure to timely withdraw from the Elected Officers' Class 131
205	205	shall constitute an election to maintain membership in the 132
206	206	Elected Officers' Class. 133
207	207	(e) The governing body of a municipality or special 134
208	208	district may, by majority vote, elect to designate all its 135
209	209	elected positions for inclusion in the Elected Officers' Class 136
210	210	as follows. 137
211	211	1. Effective July 1, 1997, such election must be made 138
212	212	between July 1, 1997, and December 31, 1997, and is irrevocable. 139
213	213	The designation of such positions is effective the first day of 140
214	214	the month following receipt by the department of the ordinance 141
215	215	or resolution passed by the governing body. 142
216	216	2. Effective July 1, 2001, such election must be made 143
217	217	between July 1, 2001, and December 31, 2001, and is irrevocable. 144
218	218	The designation of such p ositions is effective the first day of 145
219	219	the month following receipt by the department of the ordinance 146
220	220	or resolution passed by the governing body. 147
221	221	3. Effective July 1, 2009, such election must be made 148
222	222	between July 1, 2009, and December 31, 2009, and is ir revocable. 149
223	223	The designation of such positions is effective the first day of 150
224	224
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I VE S
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236	236	the month following receipt by the department of the ordinance 151
237	237	or resolution passed by the governing body. 152
238	238	Section 2. Paragraph (f) of subsection (1) of section 153
239	239	121.055, Florida Statutes, is amended to read: 154
240	240	121.055 Senior Management Service Class. —There is hereby 155
241	241	established a separate class of membership within the Florida 156
242	242	Retirement System to be known as the "Senior Management Service 157
243	243	Class," which shall become effective Feb ruary 1, 1987. 158
244	244	(1) 159
245	245	(f) Effective July 1, 1997: 160
246	246	1. Except as provided in subparagraph 3., an elected state 161
247	247	officer eligible for membership in the Elected Officers' Class 162
248	248	under s. 121.052(2)(a)1., 2., or 3. s. 121.052(2)(a), (b), or 163
249	249	(c) who elects membership in the Senior Management Service Class 164
250	250	under s. 121.052(3)(c) may, within 6 months after assuming 165
251	251	office or within 6 months after this act becomes a law for 166
252	252	serving elected state officers, elect to participate in the 167
253	253	Senior Management Service Optiona l Annuity Program, as provided 168
254	254	in subsection (6), in lieu of membership in the Senior 169
255	255	Management Service Class. 170
256	256	2. Except as provided in subparagraph 3., an elected 171
257	257	officer of a local agency employer eligible for membership in 172
258	258	the Elected Officers' Class under s. 121.052(2)(a)4. s. 173
259	259	121.052(2)(d) who elects membership in the Senior Management 174
260	260	Service Class under s. 121.052(3)(c) may, within 6 months after 175
261	261
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I VE S
270	270
271	271
272	272
273	273	assuming office, or within 6 months after this act becomes a law 176
274	274	for serving elected officers of a loc al agency employer, elect 177
275	275	to withdraw from the Florida Retirement System, as provided in 178
276	276	subparagraph (b)2., in lieu of membership in the Senior 179
277	277	Management Service Class. 180
278	278	3. A retiree of a state -administered retirement system who 181
279	279	is initially reemployed in a regularly established position on 182
280	280	or after July 1, 2010, through June 30, 2017, as an elected 183
281	281	official eligible for the Elected Officers' Class may not be 184
282	282	enrolled in renewed membership in the Senior Management Service 185
283	283	Class or in the Senior Managemen t Service Optional Annuity 186
284	284	Program as provided in subsection (6), and may not withdraw from 187
285	285	the Florida Retirement System as a renewed member as provided in 188
286	286	subparagraph (b)2., as applicable, in lieu of membership in the 189
287	287	Senior Management Service Class. Ef fective July 1, 2017, a 190
288	288	retiree of the Senior Management Service Optional Annuity 191
289	289	Program who is reemployed in a regularly established position 192
290	290	with a covered employer shall be enrolled as a renewed member as 193
291	291	provided in s. 121.122. 194
292	292	Section 3. Effectiv e July 1, 2025, subsections (4) and (5) 195
293	293	of section 121.71, Florida Statutes, are amended to read: 196
294	294	121.71 Uniform rates; process; calculations; levy. — 197
295	295	(4) Required employer retirement contribution rates for 198
296	296	each membership class and subclass of the Flor ida Retirement 199
297	297	System for both retirement plans are as follows: 200
298	298
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I VE S
307	307
308	308
309	309
310	310	201
311	311	Membership Class
312	312	Percentage of
313	313	Gross
314	314	Compensation,
315	315	Effective
316	316	July 1, 2025 2024
317	317	202
318	318
319	319	203
320	320	Regular Class 7.10% 6.73%
321	321	204
322	322	Special Risk Class 20.10% 18.66%
323	323	205
324	324	Special Risk
325	325	Administrative
326	326	Support Class 11.54%
327	327	206
328	328	Elected Officers' Class —
329	329	Legislators, Governor,
330	330	Lt. Governor,
331	331	Cabinet Officers,
332	332	State Attorneys,
333	333	Public Defenders 10.70%
334	334	207
335	335	Elected Officers' Class — 15.62% 14.90%
336	336
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344	344	F L O R I D A H O U S E O F R E P R E S E N T A T I VE S
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346	346
347	347
348	348	Justices, Judges
349	349	208
350	350	Elected Officers' Class —
351	351	County Elected Officers 12.39%
352	352	209
353	353	Senior Management Service Class 8.73% 8.56%
354	354	210
355	355	DROP 9.37% 8.49%
356	356	211
357	357	(5) In order to address unfunded actuarial liabilities of 212
358	358	the system, the required employer retirement contribution rates 213
359	359	for each membership class and subclass of the Florida Retirement 214
360	360	System for both retirement plans are as follows: 215
361	361	216
362	362	Membership Class
363	363	Percentage of
364	364	Gross
365	365	Compensation,
366	366	Effective
367	367	July 1, 2025 2024
368	368	217
369	369
370	370	218
371	371	Regular Class 4.87% 4.84%
372	372	219
373	373	Special Risk Class 13.03% 12.07%
374	374
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382	382	F L O R I D A H O U S E O F R E P R E S E N T A T I VE S
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384	384
385	385
386	386	220
387	387	Special Risk
388	388	Administrative
389	389	Support Class 26.54% 26.22%
390	390	221
391	391	Elected Officers' Class —
392	392	Legislators, Governor,
393	393	Lt. Governor,
394	394	Cabinet Officers,
395	395	State Attorneys,
396	396	Public Defenders 50.56% 50.21%
397	397	222
398	398	Elected Officers' Class —
399	399	Justices, Judges 28.49%
400	400	223
401	401	Elected Officers' Class—
402	402	County Elected Officers 44.23%
403	403	224
404	404	Senior Management Service Class 23.90%
405	405	225
406	406	DROP 10.65% 10.64%
407	407	226
408	408	Section 4. The Legislature finds that a proper and 227
409	409	legitimate state purpose is served when employees and retirees 228
410	410	of the state and its political subdivisions, and the dependents, 229
411	411
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419	419	F L O R I D A H O U S E O F R E P R E S E N T A T I VE S
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423	423	survivors, and beneficiaries of such employees and retirees, are 230
424	424	extended the basic prot ections afforded by governmental 231
425	425	retirement systems that provide fair and adequate benefits and 232
426	426	that are managed, administered, and funded in an actuarially 233
427	427	sound manner as required by s. 14, Art. X of the State 234
428	428	Constitution and part VII of chapter 112, Fl orida Statutes. 235
429	429	Therefore, the Legislature determines and declares that this act 236
430	430	fulfills an important state interest. 237
431	431	Section 5. Except as otherwise expressly provided in this 238
432	432	act, this act shall take effect upon becoming a law. 239