House Bill hb0941

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    Florida House of Representatives - 2002                 HB 941

        By Representative Detert






  1                      A bill to be entitled

  2         An act relating to school district

  3         reemployment; amending s. 121.091, F.S.;

  4         providing for school district reemployment of

  5         certain personnel upon retirement; providing

  6         for the payment of accrued and future

  7         retirement benefits; providing an effective

  8         date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Paragraph (b) of subsection (9) of section

13  121.091, Florida Statutes, is amended to read:

14         121.091  Benefits payable under the system.--Benefits

15  may not be paid under this section unless the member has

16  terminated employment as provided in s. 121.021(39)(a) or

17  begun participation in the Deferred Retirement Option Program

18  as provided in subsection (13), and a proper application has

19  been filed in the manner prescribed by the department. The

20  department may cancel an application for retirement benefits

21  when the member or beneficiary fails to timely provide the

22  information and documents required by this chapter and the

23  department's rules. The department shall adopt rules

24  establishing procedures for application for retirement

25  benefits and for the cancellation of such application when the

26  required information or documents are not received.

27         (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--

28         (b)1.  Any person who is retired under this chapter,

29  except under the disability retirement provisions of

30  subsection (4), may be reemployed by any private or public

31  employer after retirement and receive retirement benefits and

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  1  compensation from his or her employer without any limitations,

  2  except that a person may not receive both a salary from

  3  reemployment with any agency participating in the Florida

  4  Retirement System and retirement benefits under this chapter

  5  for a period of 12 months immediately subsequent to the date

  6  of retirement. However, a DROP participant shall continue

  7  employment and receive a salary during the period of

  8  participation in the Deferred Retirement Option Program, as

  9  provided in subsection (13).

10         2.  Any person to whom the limitation in subparagraph

11  1. applies who violates such reemployment limitation and who

12  is reemployed with any agency participating in the Florida

13  Retirement System before completion of the 12-month limitation

14  period shall give timely notice of this fact in writing to the

15  employer and to the division and shall have his or her

16  retirement benefits suspended for the balance of the 12-month

17  limitation period. Any person employed in violation of this

18  paragraph and any employing agency which knowingly employs or

19  appoints such person without notifying the Division of

20  Retirement to suspend retirement benefits shall be jointly and

21  severally liable for reimbursement to the retirement trust

22  fund of any benefits paid during the reemployment limitation

23  period. To avoid liability, such employing agency shall have a

24  written statement from the retiree that he or she is not

25  retired from a state-administered retirement system. Any

26  retirement benefits received while reemployed during this

27  reemployment limitation period shall be repaid to the

28  retirement trust fund, and retirement benefits shall remain

29  suspended until such repayment has been made. Benefits

30  suspended beyond the reemployment limitation shall apply

31

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  1  toward repayment of benefits received in violation of the

  2  reemployment limitation.

  3         3.a.  A district school board may reemploy a retired

  4  member as a substitute or hourly teacher, education

  5  paraprofessional, transportation assistant, bus driver, or

  6  food service worker on a noncontractual basis after he or she

  7  has been retired for 1 calendar month, in accordance with s.

  8  121.021(39). Any retired member who is reemployed within 1

  9  calendar month after retirement shall void his or her

10  application for retirement benefits. District school boards

11  reemploying such teachers, education paraprofessionals,

12  transportation assistants, bus drivers, or food service

13  workers are subject to the retirement contribution required by

14  subparagraph 7. Reemployment of a retired member as a

15  substitute or hourly teacher, education paraprofessional,

16  transportation assistant, bus driver, or food service worker

17  is limited to 780 hours during the first 12 months of his or

18  her retirement. Any retired member reemployed for more than

19  780 hours during his or her first 12 months of retirement

20  shall give timely notice in writing to the employer and to the

21  division of the date he or she will exceed the limitation. The

22  division shall suspend his or her retirement benefits for the

23  remainder of the first 12 months of retirement. Any person

24  employed in violation of this subparagraph and any employing

25  agency which knowingly employs or appoints such person without

26  notifying the Division of Retirement to suspend retirement

27  benefits shall be jointly and severally liable for

28  reimbursement to the retirement trust fund of any benefits

29  paid during the reemployment limitation period. To avoid

30  liability, such employing agency shall have a written

31  statement from the retiree that he or she is not retired from

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  1  a state-administered retirement system. Any retirement

  2  benefits received by a retired member while reemployed in

  3  excess of 780 hours during the first 12 months of retirement

  4  shall be repaid to the Retirement System Trust Fund, and his

  5  or her retirement benefits shall remain suspended until

  6  repayment is made. Benefits suspended beyond the end of the

  7  retired member's first 12 months of retirement shall apply

  8  toward repayment of benefits received in violation of the

  9  780-hour reemployment limitation.

10         b.  Notwithstanding the provisions of sub-subparagraph

11  a. and s. 122.16, a district school board may reemploy a

12  teacher, principal, or assistant principal after he or she has

13  participated for the maximum period in the Deferred Retirement

14  Option Program pursuant to subsection (13), provided that the

15  employee has received satisfactory employment evaluations for

16  the previous 3 consecutive years. Such reemployment shall not

17  void the retirement benefits for which the employee is

18  eligible; however, the employee may not be reenrolled in the

19  defined benefit program of the Florida Retirement System. The

20  district school board may enroll the employee in the Public

21  Employee Optional Retirement Program pursuant to s. 121.4501,

22  may purchase an annuity for the employee pursuant to s.

23  231.495, or may provide an alternative retirement benefit in

24  compliance with the qualification requirements imposed on

25  government plans under s. 401(a) of the Internal Revenue Code.

26         4.  A community college board of trustees may reemploy

27  a retired member as an adjunct instructor, that is, an

28  instructor who is noncontractual and part-time, or as a

29  participant in a phased retirement program within the Florida

30  Community College System, after he or she has been retired for

31  1 calendar month, in accordance with s. 121.021(39). Any

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  1  retired member who is reemployed within 1 calendar month after

  2  retirement shall void his or her application for retirement

  3  benefits. Boards of trustees reemploying such instructors are

  4  subject to the retirement contribution required in

  5  subparagraph 7. A retired member may be reemployed as an

  6  adjunct instructor for no more than 780 hours during the first

  7  12 months of retirement. Any retired member reemployed for

  8  more than 780 hours during the first 12 months of retirement

  9  shall give timely notice in writing to the employer and to the

10  division of the date he or she will exceed the limitation. The

11  division shall suspend his or her retirement benefits for the

12  remainder of the first 12 months of retirement. Any person

13  employed in violation of this subparagraph and any employing

14  agency which knowingly employs or appoints such person without

15  notifying the Division of Retirement to suspend retirement

16  benefits shall be jointly and severally liable for

17  reimbursement to the retirement trust fund of any benefits

18  paid during the reemployment limitation period. To avoid

19  liability, such employing agency shall have a written

20  statement from the retiree that he or she is not retired from

21  a state-administered retirement system. Any retirement

22  benefits received by a retired member while reemployed in

23  excess of 780 hours during the first 12 months of retirement

24  shall be repaid to the Retirement System Trust Fund, and

25  retirement benefits shall remain suspended until repayment is

26  made. Benefits suspended beyond the end of the retired

27  member's first 12 months of retirement shall apply toward

28  repayment of benefits received in violation of the 780-hour

29  reemployment limitation.

30         5.  The State University System may reemploy a retired

31  member as an adjunct faculty member or as a participant in a

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  1  phased retirement program within the State University System

  2  after the retired member has been retired for 1 calendar

  3  month, in accordance with s. 121.021(39). Any retired member

  4  who is reemployed within 1 calendar month after retirement

  5  shall void his or her application for retirement benefits. The

  6  State University System is subject to the retired contribution

  7  required in subparagraph 7., as appropriate. A retired member

  8  may be reemployed as an adjunct faculty member or a

  9  participant in a phased retirement program for no more than

10  780 hours during the first 12 months of his or her retirement.

11  Any retired member reemployed for more than 780 hours during

12  the first 12 months of retirement shall give timely notice in

13  writing to the employer and to the division of the date he or

14  she will exceed the limitation. The division shall suspend his

15  or her retirement benefits for the remainder of the first 12

16  months of retirement. Any person employed in violation of this

17  subparagraph and any employing agency which knowingly employs

18  or appoints such person without notifying the Division of

19  Retirement to suspend retirement benefits shall be jointly and

20  severally liable for reimbursement to the retirement trust

21  fund of any benefits paid during the reemployment limitation

22  period. To avoid liability, such employing agency shall have a

23  written statement from the retiree that he or she is not

24  retired from a state-administered retirement system. Any

25  retirement benefits received by a retired member while

26  reemployed in excess of 780 hours during the first 12 months

27  of retirement shall be repaid to the Retirement System Trust

28  Fund, and retirement benefits shall remain suspended until

29  repayment is made. Benefits suspended beyond the end of the

30  retired member's first 12 months of retirement shall apply

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  1  toward repayment of benefits received in violation of the

  2  780-hour reemployment limitation.

  3         6.  The Board of Trustees of the Florida School for the

  4  Deaf and the Blind may reemploy a retired member as a

  5  substitute teacher, substitute residential instructor, or

  6  substitute nurse on a noncontractual basis after he or she has

  7  been retired for 1 calendar month, in accordance with s.

  8  121.021(39). Any retired member who is reemployed within 1

  9  calendar month after retirement shall void his or her

10  application for retirement benefits. The Board of Trustees of

11  the Florida School for the Deaf and the Blind reemploying such

12  teachers, residential instructors, or nurses is subject to the

13  retirement contribution required by subparagraph 7.

14  Reemployment of a retired member as a substitute teacher,

15  substitute residential instructor, or substitute nurse is

16  limited to 780 hours during the first 12 months of his or her

17  retirement. Any retired member reemployed for more than 780

18  hours during the first 12 months of retirement shall give

19  timely notice in writing to the employer and to the division

20  of the date he or she will exceed the limitation. The division

21  shall suspend his or her retirement benefits for the remainder

22  of the first 12 months of retirement. Any person employed in

23  violation of this subparagraph and any employing agency which

24  knowingly employs or appoints such person without notifying

25  the Division of Retirement to suspend retirement benefits

26  shall be jointly and severally liable for reimbursement to the

27  retirement trust fund of any benefits paid during the

28  reemployment limitation period. To avoid liability, such

29  employing agency shall have a written statement from the

30  retiree that he or she is not retired from a

31  state-administered retirement system. Any retirement benefits

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  1  received by a retired member while reemployed in excess of 780

  2  hours during the first 12 months of retirement shall be repaid

  3  to the Retirement System Trust Fund, and his or her retirement

  4  benefits shall remain suspended until payment is made.

  5  Benefits suspended beyond the end of the retired member's

  6  first 12 months of retirement shall apply toward repayment of

  7  benefits received in violation of the 780-hour reemployment

  8  limitation.

  9         7.  The employment by an employer of any retiree or

10  DROP participant of any state-administered retirement system

11  shall have no effect on the average final compensation or

12  years of creditable service of the retiree or DROP

13  participant. Prior to July 1, 1991, upon employment of any

14  person, other than an elected officer as provided in s.

15  121.053, who has been retired under any state-administered

16  retirement program, the employer shall pay retirement

17  contributions in an amount equal to the unfunded actuarial

18  liability portion of the employer contribution which would be

19  required for regular members of the Florida Retirement System.

20  Effective July 1, 1991, contributions shall be made as

21  provided in s. 121.122 for retirees with renewed membership or

22  subsection (13) with respect to DROP participants.

23         8.  Any person who has previously retired and who is

24  holding an elective public office or an appointment to an

25  elective public office eligible for the Elected Officers'

26  Class on or after July 1, 1990, shall be enrolled in the

27  Florida Retirement System as provided in s. 121.053(1)(b) or,

28  if holding an elective public office that does not qualify for

29  the Elected Officers' Class on or after July 1, 1991, shall be

30  enrolled in the Florida Retirement System as provided in s.

31  121.122, and shall continue to receive retirement benefits as

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  1  well as compensation for the elected officer's service for as

  2  long as he or she remains in elective office. However, any

  3  retired member who served in an elective office prior to July

  4  1, 1990, suspended his or her retirement benefit, and had his

  5  or her Florida Retirement System membership reinstated shall,

  6  upon retirement from such office, have his or her retirement

  7  benefit recalculated to include the additional service and

  8  compensation earned.

  9         9.  Any person who is holding an elective public office

10  which is covered by the Florida Retirement System and who is

11  concurrently employed in nonelected covered employment may

12  elect to retire while continuing employment in the elective

13  public office, provided that he or she shall be required to

14  terminate his or her nonelected covered employment. Any person

15  who exercises this election shall receive his or her

16  retirement benefits in addition to the compensation of the

17  elective office without regard to the time limitations

18  otherwise provided in this subsection. No person who seeks to

19  exercise the provisions of this subparagraph, as the same

20  existed prior to May 3, 1984, shall be deemed to be retired

21  under those provisions, unless such person is eligible to

22  retire under the provisions of this subparagraph, as amended

23  by chapter 84-11, Laws of Florida.

24         10.  The limitations of this paragraph apply to

25  reemployment in any capacity with an "employer" as defined in

26  s. 121.021(10), irrespective of the category of funds from

27  which the person is compensated.

28         Section 2.  This act shall take effect upon becoming a

29  law.

30

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  2                          HOUSE SUMMARY

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      Revises the provisions of the Florida Retirement System
  4    to permit district school boards to reemploy a teacher,
      principal, or assistant principal after he or she has
  5    participated for the maximum period in the Deferred
      Retirement Option Program under described circumstances.
  6    Provides for the payment of accrued and future retirement
      benefits. See bill for details.
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