No Changes for FRS !

The 2013 session of the Florida Legislature has ended with no changes to the Florida Retirement System

The 2013 session of the Florida Legislature has ended with no changes to the Florida Retirement System.  The proposals were all allowed to die without support.  At least for this year, the pension is intact, and there will be no changes to benefits for members.  Great News for all!

Legislation Proposed to Close Pension Plan

Closes the Pension Pan to those hired after January 1, 2014.

According to the Calendar for the Florida House of Representatives, the Government Operations subcommittee is scheduled to have a Workshop on Thursday morning, January 24, to discuss potential changes to chapter 121 of the Florida Statutes, which is the statute pertaining to the Florida Retirement System. 

The agenda includes potential legislation to close the Pension Plan, and force all new employees into the Investment Plan.  While this is not a surprise, it comes prior to the official start of the legislative session .  You can read the meeting synopsis at  this link: Retirement Changes Agenda, as well as the proposed legislation.

We expect further changes to the Florida Retirement System to be offered up for discussion and action by the legislature.  We will try and keep you up to date with the proposals.

FRS Case goes to Florida Supreme Court

Oral Arguments for Governor Rick Scott vs. George Williams et al (FRS members) are on the Florida Supreme Court Calendar for Friday, September 7,

Oral Arguments for Case number SC12-50, Governor Rick Scott, Attorney General Pam Biondi and Florida Chief Financial Officer Jeff Atwater vs.  George Williams et al. are on the Florida Supreme Court Calendar  for Friday, September 7, 2012 at 9:00AM.  At stake is the controversial law enacted by the Florida Legislature in the 2011 session requiring employees to contribute three percent of their pay into their retirement plans, and the discontinuation of the annual three percent Cost of Living Adjustment on FRS members pension benefits.

FRSOptions perused the Documents and Filings  on the Florida Supreme Court website (something one should only do if they are extremely bored or have insomnia) and, in spite of a great deal of paperwork, documents, and filings, have simplified (we are certainly not experts at legal issues, so this might be an oversimplification) the case as follows;

The Plaintiff believes the law changes are a violation of the Florida Constitution as indicated in the Initial BriefPlaintiffs, public employees and members of the FRS, challenge the provisions of the law requiring FRS members to contribute 3% of their gross compensation toward retirement and reducing a cost-of-living adjustment for benefits earned on and after July 1, 2011. The circuit court found that the changes impaired FRS members’ contractual rights, took private property without full compensation, and impaired the right of public employees to collectively bargain.”  This opinion is based on the following ruling from 1974.

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Just how efficient is the Governor’s “Efficiency Task Force” on FRS?

We would ask if the Task Force really studied the issue or just had a little guidance from the Governor as to what “efficiencies” they should look for?

Just how efficient is the Governor’s “Efficiency Task Force” on FRS?

 

It is no secret Florida Governor Rick Scott is putting FRS benefits back in his sights for the 2013 legislature.  Every day the papers and internet post more stories about FRS being scarily underfunded and the taxpayers are being unfairly burdened by “overly generous” pensions to public workers.  We can only guess that, this being an election year, the legislators made an effort to appease FRS members (and their votes) with few and minor changes in the 2011 legislative session.  It does not appear that will be the case next year.  Scott recently went on the record saying that pension plan reform is one of his key financial challenges for the state.

The Governor’s “Government Efficiency Task Force” stacked with his supportive favorites, Senate President Haridopolis  and House Speaker Cannon  brought back recommendations that coincide with the Governor’s mandates for “pension reform”.  No surprise there!  We can’t help but wonder if the Task Force really studied the issue or just had a little guidance from the Governor as to what “efficiencies” they should look for?  They identified the FRS Pension Plan as one of their key areas for legislative change.  Again, there is no surprise to those who have been watching how politics really work.    The task force commentary creates more questions for us than it answers.

“Scott has identified funding for the pension plan as one of the two key financial challenges facing the state”.

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A few words about SB 5005

The actuaries want to lower the contributions into the Florida Retirement System

FRS Options has received many requests in regard to the posting on the MyFRS.com site concerning SB 5005. We hope this will help. SB 5005 was simply a proposal by the legislature to match the contributions into the Florida Retirement System to the amounts required by the actuaries.  SB 5005 was not passed, and was sent to the Conference Committee for final resolution.  The results of the committee are not yet known to us.

We have provided a copy of the Legal Analysis done by the Senate.  It contains some interesting language, which we have highlighted below.

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Judge Hands Down Ruling, but “It ain’t over … until it is over!”

Judge Jackie L. Fulford handed down a ruling today that would reverse the actions of the 2011 Legislature in assessing a mandatory 3% contribution from members of the Florida Retirement System.

Circuit Court Judge Jackie L. Fulford handed down a ruling today that would reverse the actions of the 2011 Legislature in assessing a mandatory 3% contribution from members of the Florida Retirement System.  You may read the Official Ruling Here.

The following is an excerpt from the ruling, which is the gist of Judge Fulford’s ruling”



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Judge Rules 3% Contribution Unconstitutional!

ruled the mandantory employee contributions to the Florida Retirement System and the members’ retirement plans to be unconstitutional

Judge Jackie Fulford has ruled the mandantory employee contributions to the Florida Retirement System and the members’ retirement plans to be unconstitutional.  In recognizing the legislature made the law in respect to the budget crisis, Judge Fulford said “This court cannot set aside its constitutional obligations because a budget crisis exists in the State of Florida.”

More to come as we investigate what is in store!  Stay tuned.

And they’re off …. HB 525 introduced to cut FRS benefits

And they’re off…

The Florida House of Representatives session does not begin until January, but already Representative Ritch Workman has introduced a bill that will cut benefits to Florida Retirement System members.  While it is too early to give it much attention, it is obviously a harbinger of things to come.  Workman, if you remember introduced a bill last year that was intended to radically cut benefits, has introduced HB 525 months before the session even begins.

Some of the changes include:

The proposal would change the default plan in the Florida Retirement System from the Pension Plan to the Investment Plan.  Currently when a member enrolls in FRS they are automatically in the Pension Plan.  Workman would like to change that to the Investment Plan.  It appears that he would like to limit the ability to enroll in the Pension Plan to the first 12 months of service.  If you don’t (or are unaware of your options) move to the Pension Plan in those first 12 months, you lose your right to ever go into the Pension, and are then limited to participation in the Investment Plan from then on.  We would construe this as an introduction to the elimination of the Pension Plan for new employees in the near future.  (Lines 220 to 243, and 426 to 429).

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Be Forewarned!

The legislature may reduce future benefits to lessen plan liabilities, or may raise employee contributions to increase funding.

2012 is a major election year.  Due to the 2010 Census results, Florida will undergo redistricting for legislative purposes.  As a result, ALL Representatives and Senators will be up for re-election next year.  The legislature is already in preliminary committee meetings, and the regular session will begin in January.  It will be a big year, and we would highly urge all FRS members to anticipate another session of potential cuts to their benefits.  The writing is on the wall, and in very large letters. 

You only need to look at the MyFRS.com homepage where you will find a special notice box with the headline “Volatile Financial Markets”, there is a second headline – “Funding of the FRS Pension Planunder which you will see the following;

BE FOREWARNED: The FRS Pension Plan is less than 100 percent funded. The legislature may reduce future benefits to lessen plan liabilities, or may raise employee contributions to increase funding. The legislature may make changes to FRS at any time”.

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The “New” FRS COLA

As of July 1, 2011 there will be some changes made…you will receive no further credit for COLA for the five years after July 1, 2011.

As you are aware, one of the better benefits within the Florida Retirement System has been the automatic 3% Cost of Living Adjustment that FRS adds to your Pension checks each year.  Over the course of a 24 year retirement, the COLA would almost double your annual pension, which would hopefully allow your standard of living to keep up with rising prices and inflation.

COLA is a simple process.  Each year, beginning on July 1, your pension check is increased by 3% more than what it had been for the previous 12 months.  That 3% compounds each year, meaning next year’s 3% pension increase will be added to last year’s pension increase, which was added to last year’s pension hike, and so on.  To illustrate, let’s assume you Pension check is $2500 at retirement.  Next year, it will be $2500, plus 3% ($75), so your pension check will be $2,575.  Year three FRS will add 3% to the Second year amount which is $82.50, so the third year checks will be $2,657.50, and so forth.  If you retire at 62, by the time you reach age 85 your monthly pension check will be almost $4,900!

As of July 1, 2011 there will be some changes made.

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