Bill Text: FL S1380 | 2013 | Regular Session | Introduced
Bill Title: Justices and Judges
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-05-03 - Died in Judiciary [S1380 Detail]
Download: Florida-2013-S1380-Introduced.html
Florida Senate - 2013 SB 1380 By Senator Lee 24-00671B-13 20131380__ 1 A bill to be entitled 2 An act relating to justices and judges; amending s. 3 25.073, F.S.; defining the terms “senior justice” and 4 “senior judge”; making technical corrections and 5 conforming terminology; amending s. 121.021, F.S.; 6 providing that “termination” for a senior justice or 7 judge occurs when all employment ceases and the 8 justice or judge retires from the Florida Retirement 9 System; amending s. 121.053, F.S.; conforming 10 terminology; amending s. 121.091, F.S.; providing that 11 a senior justice or judge is not subject to certain 12 specified limitations on employment after retirement; 13 amending s. 121.591, F.S.; providing that a senior 14 justice or judge may receive benefit payments under 15 certain circumstances; amending s. 216.292, F.S.; 16 conforming terminology; increasing by specified 17 amounts the required employer contribution rates of 18 the Florida Retirement System and the required 19 employer contribution rates for the unfunded actuarial 20 liability of the Florida Retirement System; providing 21 a finding by the Legislature of proper and legitimate 22 state purpose and a declaration of important state 23 interest; providing that specified provisions of the 24 act relating to retired justices and judges take 25 effect only if the Legislature appropriates a 26 specified amount to the judicial branch and the State 27 Courts Administrator certifies that the appropriation 28 was made and that the appropriation was not vetoed by 29 the Governor; providing an effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Section 25.073, Florida Statutes, is amended to 34 read: 35 25.073 Retired justices or judges assigned to temporary 36 duty; additional compensation; appropriation.— 37 (1) For purposes of this section, the term “seniorretired38 justice” or “seniorretiredjudge” means any former justice of 39 the Supreme Court or judge of a district court of appeal or 40 circuit or county court who is assigned to temporary duty in any 41 of those courts pursuant to s. 2, Art. V of the State 42 Constitution. 43 (2) A former justice or judge may serve as a senior justice 44 or judge if he or shewho: 45 (a) WasHasnotbeendefeated in seeking reelection to, or 46 didhasnot failfailedto be retained in seeking retention in, 47 his or her last judicial office or was not defeated when last 48 seeking election to judicial office;and49 (b) Is not engaged in the practice of law; and 50 (c) Has reached his or her normal retirement age or the age 51 when vested as defined in s. 121.021 and is retired from the 52 Florida Retirement System. 53 (3)(2)A seniorAnyretiredjusticeof the Supreme Courtor 54retiredjudgeof a district court of appeal or circuit or county55courtassigned to temporary duty in any of such courts, pursuant56to Art. V of the State Constitution,shall be compensated as 57 follows: 58 (a) A seniorAny suchjustice or judge shall be paid at 59 leastnot less than$200 for each day or portion of a day that 60 thesuchjustice or judge is assigned to temporary duty.;61 However, a seniorno suchjustice or judge may not serve for 62 more than 60 days in any year without the approval of the Chief 63 Justice. 64 (b) A senior justice or judge is entitled to reimbursement 65 for necessary travel expensesexpenseincident to the 66 performance of duties required by his or her assignmentofsuch67justice or judgeto temporary duty pursuant toshall be paid by68the state in accordance with the provisions ofs. 112.061. 69 (4)(3)Payments required under this section shall be made 70 from moneys to be appropriated for this purpose. 71 Section 2. Subsection (39) of section 121.021, Florida 72 Statutes, is amended to read: 73 121.021 Definitions.—The following words and phrases as 74 used in this chapter have the respective meanings set forth 75 unless a different meaning is plainly required by the context: 76 (39)(a) “Termination” occurs, except as provided in 77 paragraph (b) or paragraph (d), when a member ceases all 78 employment relationships with participating employers, however: 79 1. For retirements effective before July 1, 2010, if a 80 member is employed by any such employer within the next calendar 81 month, termination isshall bedeemed not to have occurred. A 82 leave of absence constitutes a continuation of the employment 83 relationship, except that a leave of absence without pay due to 84 disability may constitute termination if such member makes 85 application for and is approved for disability retirement in 86 accordance with s. 121.091(4). The department or state board may 87 require other evidence of termination as it deems necessary. 88 2. For retirements effective on or after July 1, 2010, if a 89 member is employed by any such employer within the next 6 90 calendar months, termination isshall bedeemed not to have 91 occurred. A leave of absence constitutes a continuation of the 92 employment relationship, except that a leave of absence without 93 pay due to disability may constitute termination if such member 94 makes application for and is approved for disability retirement 95 in accordance with s. 121.091(4). The department or state board 96 may require other evidence of termination as it deems necessary. 97 (b) “Termination” for a member electing to participate in 98 the Deferred Retirement Option Program occurs when the program 99 participant ceases all employment relationships with 100 participating employers in accordance with s. 121.091(13), 101 however: 102 1. For termination dates occurring before July 1, 2010, if 103 the member is employed by any such employer within the next 104 calendar month, termination will be deemed not to have occurred, 105 except as provided in s. 121.091(13)(b)4.c. A leave of absence 106 constitutesshall constitutea continuation of the employment 107 relationship. 108 2. For termination dates occurring on or after July 1, 109 2010, if the member becomes employed by any such employer within 110 the next 6 calendar months, termination will be deemed not to 111 have occurred, except as provided in s. 121.091(13)(b)4.c. A 112 leave of absence constitutes a continuation of the employment 113 relationship. 114 (c) Effective July 1, 2011, “termination” for a member 115 receiving a refund of employee contributions occurs when a 116 member ceases all employment relationships with participating 117 employers for 3 calendar months. A leave of absence constitutes 118 a continuation of the employment relationship. 119 (d) Effective July 1, 2013, “termination” for a senior 120 justice or senior judge, as defined in s. 25.073, occurs when 121 the justice or judge ceases all employment for 1 calendar month 122 and retires pursuant to this chapter. 123 Section 3. Subsection (6) of section 121.053, Florida 124 Statutes, is amended to read: 125 121.053 Participation in the Elected Officers’ Class for 126 retired members.— 127 (6) A senior justice or seniorretiredjudge, as defined in 128 s. 25.073consenting to temporary duty in any court, as assigned129by the Chief Justice of the Supreme Court in accordance with s.1302, Art. V of the State Constitution, is not subject to the 131 renewed membership provisions of this section. 132 Section 4. Subsection (9) of section 121.091, Florida 133 Statutes, is amended to read: 134 121.091 Benefits payable under the system.—Benefits may not 135 be paid under this section unless the member has terminated 136 employment as provided in s. 121.021(39)(a) or begun 137 participation in the Deferred Retirement Option Program as 138 provided in subsection (13), and a proper application has been 139 filed in the manner prescribed by the department. The department 140 may cancel an application for retirement benefits when the 141 member or beneficiary fails to timely provide the information 142 and documents required by this chapter and the department’s 143 rules. The department shall adopt rules establishing procedures 144 for application for retirement benefits and for the cancellation 145 of such application when the required information or documents 146 are not received. 147 (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.— 148 (a) Any person who is retired under this chapter, except 149 under the disability retirement provisions of subsection (4), 150 may be employed by an employer that does not participate in a 151 state-administered retirement system and receive compensation 152 from that employment without limiting or restricting in any way 153 the retirement benefits payable to that person. 154 (b) Any person whose retirement is effective before July 1, 155 2010, or whose participation in the Deferred Retirement Option 156 Program terminates before July 1, 2010, except under the 157 disability retirement provisions of subsection (4) or as 158 provided in s. 121.053, may be reemployed by an employer that 159 participates in a state-administered retirement system and 160 receive retirement benefits and compensation from that employer, 161 except that the person may not be reemployed by an employer 162 participating in the Florida Retirement System before meeting 163 the definition of termination in s. 121.021 and may not receive 164 both a salary from the employer and retirement benefits for 12 165 calendar months immediately subsequent to the date of 166 retirement. However, a DROP participant shall continue 167 employment and receive a salary during the period of 168 participation in the Deferred Retirement Option Program, as 169 provided in subsection (13). 170 1. A retiree who violates such reemployment limitation 171 before completion of the 12-month limitation period must give 172 timely notice of this fact in writing to the employer and to the 173 Division of Retirement or the state board and shall have his or 174 her retirement benefits suspended for the months employed or the 175 balance of the 12-month limitation period as required in sub 176 subparagraphs b. and c. A retiree employed in violation of this 177 paragraph and an employer who employs or appoints such person 178 are jointly and severally liable for reimbursement to the 179 retirement trust fund, including the Florida Retirement System 180 Trust Fund and the Public Employee Optional Retirement Program 181 Trust Fund, from which the benefits were paid. The employer must 182 have a written statement from the retiree that he or she is not 183 retired from a state-administered retirement system. Retirement 184 benefits shall remain suspended until repayment has been made. 185 Benefits suspended beyond the reemployment limitation shall 186 apply toward repayment of benefits received in violation of the 187 reemployment limitation. 188 a. A district school board may reemploy a retiree as a 189 substitute or hourly teacher, education paraprofessional, 190 transportation assistant, bus driver, or food service worker on 191 a noncontractual basis after he or she has been retired for 1 192 calendar month. A district school board may reemploy a retiree 193 as instructional personnel, as defined in s. 1012.01(2)(a), on 194 an annual contractual basis after he or she has been retired for 195 1 calendar month. Any member who is reemployed within 1 calendar 196 month after retirement shall void his or her application for 197 retirement benefits. District school boards reemploying such 198 teachers, education paraprofessionals, transportation 199 assistants, bus drivers, or food service workers are subject to 200 the retirement contribution required by subparagraph 2. 201 b. A community college board of trustees may reemploy a 202 retiree as an adjunct instructor or as a participant in a phased 203 retirement program within the Florida Community College System, 204 after he or she has been retired for 1 calendar month. A member 205 who is reemployed within 1 calendar month after retirement shall 206 void his or her application for retirement benefits. Boards of 207 trustees reemploying such instructors are subject to the 208 retirement contribution required in subparagraph 2. A retiree 209 may be reemployed as an adjunct instructor for no more than 780 210 hours during the first 12 months of retirement. A retiree 211 reemployed for more than 780 hours during the first 12 months of 212 retirement must give timely notice in writing to the employer 213 and to the Division of Retirement or the state board of the date 214 he or she will exceed the limitation. The division shall suspend 215 his or her retirement benefits for the remainder of the 12 216 months of retirement. Any retiree employed in violation of this 217 sub-subparagraph and any employer who employs or appoints such 218 person without notifying the division to suspend retirement 219 benefits are jointly and severally liable for any benefits paid 220 during the reemployment limitation period. The employer must 221 have a written statement from the retiree that he or she is not 222 retired from a state-administered retirement system. Any 223 retirement benefits received by the retiree while reemployed in 224 excess of 780 hours during the first 12 months of retirement 225 must be repaid to the Florida Retirement System Trust Fund, and 226 retirement benefits shall remain suspended until repayment is 227 made. Benefits suspended beyond the end of the retiree’s first 228 12 months of retirementshallapply toward repayment of benefits 229 received in violation of the 780-hour reemployment limitation. 230 c. The State University System may reemploy a retiree as an 231 adjunct faculty member or as a participant in a phased 232 retirement program within the State University System after the 233 retiree has been retired for 1 calendar month. A member who is 234 reemployed within 1 calendar month after retirement voidsshall235voidhis or her application for retirement benefits. The State 236 University System is subject to the retired contribution 237 required in subparagraph 2., as appropriate. A retiree may be 238 reemployed as an adjunct faculty member or a participant in a 239 phased retirement program for no more than 780 hours during the 240 first 12 months of his or her retirement. A retiree reemployed 241 for more than 780 hours during the first 12 months of retirement 242 must give timely notice in writing to the employer and to the 243 Division of Retirement or the state board of the date he or she 244 will exceed the limitation. The division shall suspend his or 245 her retirement benefits for the remainder of the 12 months. Any 246 retiree employed in violation of this sub-subparagraph and any 247 employer who employs or appoints such person without notifying 248 the division to suspend retirement benefits are jointly and 249 severally liable for any benefits paid during the reemployment 250 limitation period. The employer must have a written statement 251 from the retiree that he or she is not retired from a state 252 administered retirement system. Any retirement benefits received 253 by the retiree while reemployed in excess of 780 hours during 254 the first 12 months of retirement must be repaid to the Florida 255 Retirement System Trust Fund, and retirement benefits shall 256 remain suspended until repayment is made. Benefits suspended 257 beyond the end of the retiree’s first 12 months of retirement 258shallapply toward repayment of benefits received in violation 259 of the 780-hour reemployment limitation. 260 d. The Board of Trustees of the Florida School for the Deaf 261 and the Blind may reemploy a retiree as a substitute teacher, 262 substitute residential instructor, or substitute nurse on a 263 noncontractual basis after he or she has been retired for 1 264 calendar month. Any member who is reemployed within 1 calendar 265 month after retirement voidsshall voidhis or her application 266 for retirement benefits. The Board of Trustees of the Florida 267 School for the Deaf and the Blind reemploying such teachers, 268 residential instructors, or nurses is subject to the retirement 269 contribution required by subparagraph 2. 270 e. A developmental research school may reemploy a retiree 271 as a substitute or hourly teacher or an education 272 paraprofessional as defined in s. 1012.01(2) on a noncontractual 273 basis after he or she has been retired for 1 calendar month. A 274 developmental research school may reemploy a retiree as 275 instructional personnel, as defined in s. 1012.01(2)(a), on an 276 annual contractual basis after he or she has been retired for 1 277 calendar month after retirement. Any member who is reemployed 278 within 1 calendar month voids his or her application for 279 retirement benefits. A developmental research school that 280 reemploys retired teachers and education paraprofessionals is 281 subject to the retirement contribution required by subparagraph 282 2. 283 f. A charter school may reemploy a retiree as a substitute 284 or hourly teacher on a noncontractual basis after he or she has 285 been retired for 1 calendar month. A charter school may reemploy 286 a retired member as instructional personnel, as defined in s. 287 1012.01(2)(a), on an annual contractual basis after he or she 288 has been retired for 1 calendar month after retirement. Any 289 member who is reemployed within 1 calendar month voids his or 290 her application for retirement benefits. A charter school that 291 reemploys such teachers is subject to the retirement 292 contribution required by subparagraph 2. 293 2. The employment of a retiree or DROP participant of a 294 state-administered retirement system does not affect the average 295 final compensation or years of creditable service of the retiree 296 or DROP participant. Before July 1, 1991, upon employment of any 297 person, other than an elected officer as provided in s. 121.053, 298 who is retired under a state-administered retirement program, 299 the employer shall pay retirement contributions in an amount 300 equal to the unfunded actuarial liability portion of the 301 employer contribution which would be required for regular 302 members of the Florida Retirement System. Effective July 1, 303 1991, contributions shall be made as provided in s. 121.122 for 304 retirees who have renewed membership or, as provided in 305 subsection (13), for DROP participants. 306 3. Any person who is holding an elective public office 307 which is covered by the Florida Retirement System and who is 308 concurrently employed in nonelected covered employment may elect 309 to retire while continuing employment in the elective public 310 office if he or she terminates his or her nonelected covered 311 employment. Such person shall receive his or her retirement 312 benefits in addition to the compensation of the elective office 313 without regard to the time limitations otherwise provided in 314 this subsection. A person who seeks to exercise the provisions 315 of this subparagraph as they existed before May 3, 1984, may not 316 be deemed to be retired under those provisions, unless such 317 person is eligible to retire under this subparagraph, as amended 318 by chapter 84-11, Laws of Florida. 319 (c) Any person whose retirement is effective on or after 320 July 1, 2010, or whose participation in the Deferred Retirement 321 Option Program terminates on or after July 1, 2010, who is 322 retired under this chapter, except under the disability 323 retirement provisions of subsection (4) or as provided in s. 324 121.053, may be reemployed by an employer that participates in a 325 state-administered retirement system and receive retirement 326 benefits and compensation from that employer. However, a person 327 may not be reemployed by an employer participating in the 328 Florida Retirement System before meeting the definition of 329 termination in s. 121.021 and may not receive both a salary from 330 the employer and retirement benefits for 6 calendar months after 331 meeting the definition of termination, except as provided in 332 paragraph (f). However, a DROP participant shall continue 333 employment and receive a salary during the period of 334 participation in the Deferred Retirement Option Program, as 335 provided in subsection (13). 336 1. The reemployed retiree may not renew membership in the 337 Florida Retirement System. 338 2. The employer shall pay retirement contributions in an 339 amount equal to the unfunded actuarial liability portion of the 340 employer contribution that would be required for active members 341 of the Florida Retirement System in addition to the 342 contributions required by s. 121.76. 343 3. A retiree initially reemployed in violation of this 344 paragraph and an employer that employs or appoints such person 345 are jointly and severally liable for reimbursement of any 346 retirement benefits paid to the retirement trust fund from which 347 the benefits were paid, including the Florida Retirement System 348 Trust Fund and the Public Employee Optional Retirement Program 349 Trust Fund, as appropriate. The employer must have a written 350 statement from the employee that he or she is not retired from a 351 state-administered retirement system. Retirement benefits shall 352 remain suspended until repayment is made. Benefits suspended 353 beyond the end of the retiree’s 6-month reemployment limitation 354 period shall apply toward the repayment of benefits received in 355 violation of this paragraph. 356 (d) This subsection applies to retirees, as defined in s. 357 121.4501(2) and except as provided in paragraph (f), of the 358 Florida Retirement System Investment Plan, subject to the 359 following conditions: 360 1. A retiree may not be reemployed with an employer 361 participating in the Florida Retirement System until such person 362 has been retired for 6 calendar months. 363 2. A retiree employed in violation of this subsection and 364 an employer that employs or appoints such person are jointly and 365 severally liable for reimbursement of any benefits paid to the 366 retirement trust fund from which the benefits were paid. The 367 employer must have a written statement from the retiree that he 368 or she is not retired from a state-administered retirement 369 system. 370 (e) The limitations of this subsection apply to 371 reemployment in any capacity irrespective of the category of 372 funds from which the person is compensated. 373 (f)1. Effective July 1, 2013, a senior justice or senior 374 judge, as defined in s. 25.073, must be retired for 1 calendar 375 month. 376 2. The temporary assignment of a senior justice or judge 377 after being retired for 1 calendar month is not considered 378 reemployment or employment after retirement for purposes of 379 chapter 121 and renewed membership in the Florida Retirement 380 System is not allowed. 381 Section 5. Paragraph (a) of subsection (1) of section 382 121.591, Florida Statutes, is amended to read: 383 121.591 Payment of benefits.—Benefits may not be paid under 384 the Florida Retirement System Investment Plan unless the member 385 has terminated employment as provided in s. 121.021(39)(a) or is 386 deceased and a proper application has been filed as prescribed 387 by the state board or the department. Benefits, including 388 employee contributions, are not payable under the investment 389 plan for employee hardships, unforeseeable emergencies, loans, 390 medical expenses, educational expenses, purchase of a principal 391 residence, payments necessary to prevent eviction or foreclosure 392 on an employee’s principal residence, or any other reason except 393 a requested distribution for retirement, a mandatory de minimis 394 distribution authorized by the administrator, or a required 395 minimum distribution provided pursuant to the Internal Revenue 396 Code. The state board or department, as appropriate, may cancel 397 an application for retirement benefits if the member or 398 beneficiary fails to timely provide the information and 399 documents required by this chapter and the rules of the state 400 board and department. In accordance with their respective 401 responsibilities, the state board and the department shall adopt 402 rules establishing procedures for application for retirement 403 benefits and for the cancellation of such application if the 404 required information or documents are not received. The state 405 board and the department, as appropriate, are authorized to cash 406 out a de minimis account of a member who has been terminated 407 from Florida Retirement System covered employment for a minimum 408 of 6 calendar months. A de minimis account is an account 409 containing employer and employee contributions and accumulated 410 earnings of not more than $5,000 made under the provisions of 411 this chapter. Such cash-out must be a complete lump-sum 412 liquidation of the account balance, subject to the provisions of 413 the Internal Revenue Code, or a lump-sum direct rollover 414 distribution paid directly to the custodian of an eligible 415 retirement plan, as defined by the Internal Revenue Code, on 416 behalf of the member. Any nonvested accumulations and associated 417 service credit, including amounts transferred to the suspense 418 account of the Florida Retirement System Investment Plan Trust 419 Fund authorized under s. 121.4501(6), shall be forfeited upon 420 payment of any vested benefit to a member or beneficiary, except 421 for de minimis distributions or minimum required distributions 422 as provided under this section. If any financial instrument 423 issued for the payment of retirement benefits under this section 424 is not presented for payment within 180 days after the last day 425 of the month in which it was originally issued, the third-party 426 administrator or other duly authorized agent of the state board 427 shall cancel the instrument and credit the amount of the 428 instrument to the suspense account of the Florida Retirement 429 System Investment Plan Trust Fund authorized under s. 430 121.4501(6). Any amounts transferred to the suspense account are 431 payable upon a proper application, not to include earnings 432 thereon, as provided in this section, within 10 years after the 433 last day of the month in which the instrument was originally 434 issued, after which time such amounts and any earnings 435 attributable to employer contributions shall be forfeited. Any 436 forfeited amounts are assets of the trust fund and are not 437 subject to chapter 717. 438 (1) NORMAL BENEFITS.—Under the investment plan: 439 (a) Benefits in the form of vested accumulations as 440 described in s. 121.4501(6) are payable under this subsection in 441 accordance with the following terms and conditions: 442 1. Benefits are payable only to a member, an alternate 443 payee of a qualified domestic relations order, or a beneficiary. 444 2. Benefits shall be paid by the third-party administrator 445 or designated approved providers in accordance with the law, the 446 contracts, and any applicable board rule or policy. 447 3. The member must be terminated from all employment with 448 all Florida Retirement System employers, as provided in s. 449 121.021(39). 450 4. Benefit payments may not be made until the member has 451 been terminated for 3 calendar months, except that the state 452 board may authorize by rule for the distribution of up to 10 453 percent of the member’s account after being terminated for 1 454 calendar month if the member has reached the normal retirement 455 date as defined in s. 121.021. 456 5. Effective July 1, 2013, a senior justice or senior 457 judge, as defined in s. 25.073, may continue to receive benefit 458 payments while employed as a senior justice or senior judge 459 after providing proof of termination from his or her regularly 460 established position. 461 6.5.If a member or former member of the Florida Retirement 462 System receives an invalid distribution, such person must either 463 repay the full amount within 90 days after receipt of final 464 notification by the state board or the third-party administrator 465 that the distribution was invalid, or, in lieu of repayment, the 466 member must terminate employment from all participating 467 employers. If such person fails to repay the full invalid 468 distribution within 90 days after receipt of final notification, 469 the person may be deemed retired from the investment plan by the 470 state board and is subject to s. 121.122. If such person is 471 deemed retired, any joint and several liability set out in s. 472 121.091(9)(d)2. is void, and the state board, the department, or 473 the employing agency is not liable for gains on payroll 474 contributions that have not been deposited to the person’s 475 account in the investment plan, pending resolution of the 476 invalid distribution. The member or former member who has been 477 deemed retired or who has been determined by the state board to 478 have taken an invalid distribution may appeal the agency 479 decision through the complaint process as provided under s. 480 121.4501(9)(g)3. As used in this subparagraph, the term “invalid 481 distribution” means any distribution from an account in the 482 investment plan which is taken in violation of this section, s. 483 121.091(9), or s. 121.4501. 484 Section 6. Paragraph (b) of subsection (2) of section 485 216.292, Florida Statutes, is amended to read: 486 216.292 Appropriations nontransferable; exceptions.— 487 (2) The following transfers are authorized to be made by 488 the head of each department or the Chief Justice of the Supreme 489 Court whenever it is deemed necessary by reason of changed 490 conditions: 491 (b) After providing notice at least 5 working days before 492prior toimplementation: 493 1. The transfer of funds within programs identified in the 494 General Appropriations Act from identical funding sources 495 between the following appropriation categories without 496 limitation so long as such a transfer does not result in an 497 increase, to the total recurring general revenue or trust fund 498 cost of the agency or entity of the judicial branch in the 499 subsequent fiscal year: other personal services, expenses, 500 operating capital outlay, food products, state attorney and 501 public defender operations, data processing services, operating 502 and maintenance of patrol vehicles, overtime payments, salary 503 incentive payments, compensation to senior justices and senior 504retiredjudges, law libraries, and juror and witness payments. 505 2. The transfer of funds and positions from identical 506 funding sources between salaries and benefits appropriation 507 categories within programs identified in the General 508 Appropriations Act. Such transfers must be consistent with 509 legislative policy and intent and may not adversely affect 510 achievement of approved performance outcomes or outputs in any 511 program. 512 Section 7. (1) In order to fund the benefit changes 513 provided for in this act, the required employer contribution 514 rates of the Florida Retirement System established in s. 515 121.71(4), Florida Statutes, shall be adjusted as follows: 516 (a) The Elected Officers’ Class—Justices, Judges is 517 increased by 0.45 percentage points. 518 (b) The Deferred Retirement Option Program is increased by 519 0.01 percentage points. 520 (2) In order to fund the benefit changes provided for in 521 this act, the required employer contribution rates for the 522 unfunded actuarial liability of the Florida Retirement System 523 established in s. 121.71(5), Florida Statutes, for the Elected 524 Officers’ Class—Justices, Judges shall be increased by 0.91 525 percentage points. 526 (3) The adjustments provided in subsections (1) and (2) 527 shall be made in addition to other changes to such contribution 528 rates which may be enacted into law to take effect on July 1, 529 2013, and July 1, 2014. The Division of Law Revision and 530 Information is requested to adjust accordingly the contribution 531 rates provided in s. 121.71, Florida Statutes. 532 Section 8. The Legislature finds that a proper and 533 legitimate state purpose is served when employees and retirees 534 of the state and its political subdivisions, and the dependents, 535 survivors, and beneficiaries of such employees and retirees, are 536 extended the basic protections afforded by governmental 537 retirement systems that provide fair and adequate benefits and 538 that are managed, administered, and funded in an actuarially 539 sound manner as required by section 14, Article X of the State 540 Constitution and part VII of chapter 112, Florida Statutes. 541 Therefore, the Legislature determines and declares that this act 542 fulfills an important state interest. 543 Section 9. This act shall take effect only if: 544 (1) The Legislature appropriates during the 2013 545 Legislative Session the sum of at least $1.6 million from the 546 General Revenue Fund on a recurring basis to the judicial branch 547 in order to fund the increased employer contributions associated 548 with the costs of the retirement benefits granted in this act; 549 and 550 (2) The State Courts Administrator certifies to the 551 President of the Senate and the Speaker of the House of 552 Representatives that the appropriation was made and that the 553 appropriation was not vetoed by the Governor. 554 Section 10. This act shall take effect July 1, 2013.