HOUSE AMENDMENT Bill No. CS/CS/SB 1436
1	CHAMBER ACTION
2	Senate House
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12	Representative Vana offered the following:
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14	Amendment to Amendment (483919) (with title amendment)
15	Remove line(s) 541-747, and insert:
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17	or who are employees in public schools or the Florida School for
18	the Deaf and the Blind and who have received authorization by
19	the district school superintendent or the Board of Trustees of
20	the Florida School for the Deaf and the Blind to participate in
21	the DROP beyond 60 months, the 96-monthlimitation period as
22	provided in subparagraph (b)1. When establishing eligibility of
23	the member to participate in the DROP for the 60-month or, with
24	respect to members who are instructional or administrative
25	personnel employed by a community college in areas of critical
26	need identified by the district board of trustees and who have
27	received authorization by the district board of trustees to
28	participate in the DROP beyond 60 months, or who are employees
29	in public schools or the Florida School for the Deaf and the
30	Blind and who have received authorization by the district school
31	superintendent or the Board of Trustees of the Florida School
32	for the Deaf and the Blind to participate in the DROP beyond 60
33	months, the 96-monthmaximum participation period, the member
34	may elect to include or exclude any optional service credit
35	purchased by the member from the total service used to establish
36	the normal retirement date. A member with dual normal retirement
37	dates shall be eligible to elect to participate in DROP within
38	12 months after attaining normal retirement date in either
39	class.
40	3. The employer of a member electing to participate in the
41	DROP, or employers if dually employed, shall acknowledge in
42	writing to the division the date the member's participation in
43	the DROP begins and the date the member's employment and DROP
44	participation will terminate.
45	4. Simultaneous employment of a participant by additional
46	Florida Retirement System employers subsequent to the
47	commencement of participation in the DROP shall be permissible
48	provided such employers acknowledge in writing a DROP
49	termination date no later than the participant's existing
50	termination date or the 60-month limitation period as provided
51	in subparagraph (b)1.
52	5. A DROP participant may change employers while
53	participating in the DROP, subject to the following:
54	a. A change of employment must take place without a break
55	in service so that the member receives salary for each month of
56	continuous DROP participation. If a member receives no salary
57	during a month, DROP participation shall cease unless the
58	employer verifies a continuation of the employment relationship
59	for such participant pursuant to s. 121.021(39)(b).
60	b. Such participant and new employer shall notify the
61	division on forms required by the division as to the identity of
62	the new employer.
63	c. The new employer shall acknowledge, in writing, the
64	participant's DROP termination date, which may be extended but
65	not beyond the original 60-month or, with respect to members who
66	are instructional or administrative personnel employed by a
67	community college in areas of critical need identified by the
68	district board of trustees and who have received authorization
69	by the district board of trustees to participate in the DROP
70	beyond 60 months, or who are employees in public schools or the
71	Florida School for the Deaf and the Blind and who have received
72	authorization by the district school superintendent or the Board
73	of Trustees of the Florida School for the Deaf and the Blind to
74	participate in the DROP beyond 60 months, the 96-monthperiod
75	provided in subparagraph (b)1., shall acknowledge liability for
76	any additional retirement contributions and interest required if
77	the participant fails to timely terminate employment, and shall
78	be subject to the adjustment required in sub-subparagraph
79	(c)5.d.
80	6. Effective July 1, 2001, for instructional personnel as
81	defined in s. 1012.01(2), election to participate in the DROP
82	shall be made at any time following the date on which the member
83	first reaches normal retirement date. The member shall advise
84	his or her employer and the division in writing of the date on
85	which the Deferred Retirement Option Program shall begin. When
86	establishing eligibility of the member to participate in the
87	DROP for the 60-month or, with respect to members who are
88	instructional or administrative personnel employed by a
89	community college in areas of critical need identified by the
90	district board of trustees and who have received authorization
91	by the district board of trustees to participate in the DROP
92	beyond 60 months, or who are employees in public schools or the
93	Florida School for the Deaf and the Blind and who have received
94	authorization by the district school superintendent or the Board
95	of Trustees of the Florida School for the Deaf and the Blind to
96	participate in the DROP beyond 60 months, the 96-monthmaximum
97	participation period, as provided in subparagraph (b)1., the
98	member may elect to include or exclude any optional service
99	credit purchased by the member from the total service used to
100	establish the normal retirement date. A member with dual normal
101	retirement dates shall be eligible to elect to participate in
102	either class.
103	(b) Participation in the DROP.--
104	1. An eligible member may elect to participate in the DROP
105	for a period not to exceed a maximum of 60 calendar months or,
106	with respect to members who are instructional or administrative
107	personnel employed by a community college in areas of critical
108	need identified by the district board of trustees and who have
109	received authorization by the district board of trustees to
110	participate in the DROP beyond the initial 60 calendar months on
111	an annual contractual basis, or who are employees in public
112	schools or the Florida School for the Deaf and the Blind and who
113	have received authorization by the district school
114	superintendent or the Board of Trustees of the Florida School
115	for the Deaf and the Blind to participate in the DROP beyond 60
116	calendar months on an annual contractual basis, a maximum of 96
117	calendar monthsimmediately following the date on which the
118	member first reaches his or her normal retirement date or the
119	date to which he or she is eligible to defer his or her election
120	to participate as provided in subparagraph (a)2. However, a
121	member who has reached normal retirement date prior to the
122	effective date of the DROP shall be eligible to participate in
123	the DROP for a period of time not to exceed 60 calendar months
124	or, with respect to members who are instructional or
125	administrative personnel employed by a community college in
126	areas of critical need identified by the district board of
127	trustees and who have received authorization by the district
128	board of trustees to participate in the DROP beyond the initial
129	60 calendar months on an annual contractual basis, or who are
130	employees in public schools or the Florida School for the Deaf
131	and the Blind and who have received authorization by the
132	district school superintendent or the Board of Trustees of the
133	Florida School for the Deaf and the Blind to participate in the
134	DROP beyond 60 calendar months on an annual contractual basis, a
135	maximum of 96 calendar monthsimmediately following the
136	effective date of the DROP, except a member of the Special Risk
137	Class who has reached normal retirement date prior to the
138	effective date of the DROP and whose total accrued value exceeds
139	75 percent of average final compensation as of his or her
140	effective date of retirement shall be eligible to participate in
141	the DROP for no more than 36 calendar months immediately
142	following the effective date of the DROP.
143	2. Upon deciding to participate in the DROP, the member
144	shall submit, on forms required by the division:
145	a. A written election to participate in the DROP;
146	b. Selection of the DROP participation and termination
147	dates, which satisfy the limitations stated in paragraph (a) and
148	subparagraph 1. Such termination date shall be in a binding
149	letter of resignation with the employer, establishing a deferred
150	termination date. The member may change the termination date
151	within the limitations of subparagraph 1., but only with the
152	written approval of his or her employer;
153	c. A properly completed DROP application for service
154	retirement as provided in this section; and
155	d. Any other information required by the division.
156	3. The DROP participant shall be a retiree under the
157	Florida Retirement System for all purposes, except for paragraph
158	(5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053,
159	and 121.122. However, participation in the DROP does not alter
160	the participant's employment status and such employee shall not
161	be deemed retired from employment until his or her deferred
162	resignation is effective and termination occurs as provided in
163	s. 121.021(39).
164	4. Elected officers shall be eligible to participate in
165	the DROP subject to the following:
166	a. An elected officer who reaches normal retirement date
167	during a term of office may defer the election to participate in
168	the DROP until the next succeeding term in that office. Such
169	elected officer who exercises this option may participate in the
170	DROP for up to 60 calendar months or a period of no longer than
171	such succeeding term of office, whichever is less.
172	b. An elected or a nonelected participant may run for a
173	term of office while participating in DROP and, if elected,
174	extend the DROP termination date accordingly, except, however,
175	if such additional term of office exceeds the 60-month
176	limitation established in subparagraph 1., and the officer does
177	not resign from office within such 60-month limitation, the
178	retirement and the participant's DROP shall be null and void as
179	provided in sub-subparagraph (c)5.d.
180	c. An elected officer who is dually employed and elects to
181	participate in DROP shall be required to satisfy the definition
182	of termination within the 60-month or, with respect to members
183	who are instructional or administrative personnel employed by a
184	community college in areas of critical need identified by the
185	district board of trustees and who have received authorization
186	by the district board of trustees to participate in the DROP
187	beyond 60 months, or who are employees in public schools or the
188	Florida School for the Deaf and the Blind and who have received
189	authorization by the district school superintendent or the Board
190	of Trustees of the Florida School for the Deaf and the Blind to
191	participate in the DROP beyond 60 months, the 96-month
192	limitation period as provided in
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195	Remove line(s) 4827, and insert:
196	certain personnel who receive