HB 1677 2003
1	A bill to be entitled
2	An act relating to public school reemployment; amending s.
3	121.091, F.S.; revising provisions to allow retired
4	teachers from this state to be reemployed by district
5	school boards; providing guidelines and terms of
6	employment; providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1. Subsection (9) of section 121.091, Florida
11	Statutes, is amended to read:
12	121.091 Benefits payable under the system.--Benefits may
13	not be paid under this section unless the member has terminated
14	employment as provided in s. 121.021(39)(a) or begun
15	participation in the Deferred Retirement Option Program as
16	provided in subsection (13), and a proper application has been
17	filed in the manner prescribed by the department. The department
18	may cancel an application for retirement benefits when the
19	member or beneficiary fails to timely provide the information
20	and documents required by this chapter and the department's
21	rules. The department shall adopt rules establishing procedures
22	for application for retirement benefits and for the cancellation
23	of such application when the required information or documents
24	are not received.
25	(9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
26	(a) Any person who is retired under this chapter, except
27	under the disability retirement provisions of subsection (4),
28	may be employed by an employer that does not participate in a
29	state-administered retirement system and may receive
30	compensation from that employment without limiting or
31	restricting in any way the retirement benefits payable to that
32	person.
33	(b)1. Any person who is retired under this chapter, except
34	under the disability retirement provisions of subsection (4),
35	may be reemployed by any private or public employer after
36	retirement and receive retirement benefits and compensation from
37	his or her employer without any limitations, except that a
38	person may not receive both a salary from reemployment with any
39	agency participating in the Florida Retirement System and
40	retirement benefits under this chapter for a period of 12 months
41	immediately subsequent to the date of retirement. However, a
42	DROP participant shall continue employment and receive a salary
43	during the period of participation in the Deferred Retirement
44	Option Program, as provided in subsection (13).
45	2. Any person to whom the limitation in subparagraph 1.
46	applies who violates such reemployment limitation and who is
47	reemployed with any agency participating in the Florida
48	Retirement System before completion of the 12-month limitation
49	period shall give timely notice of this fact in writing to the
50	employer and to the division and shall have his or her
51	retirement benefits suspended for the balance of the 12-month
52	limitation period. Any person employed in violation of this
53	paragraph and any employing agency which knowingly employs or
54	appoints such person without notifying the Division of
55	Retirement to suspend retirement benefits shall be jointly and
56	severally liable for reimbursement to the retirement trust fund
57	of any benefits paid during the reemployment limitation period.
58	To avoid liability, such employing agency shall have a written
59	statement from the retiree that he or she is not retired from a
60	state-administered retirement system. Any retirement benefits
61	received while reemployed during this reemployment limitation
62	period shall be repaid to the retirement trust fund, and
63	retirement benefits shall remain suspended until such repayment
64	has been made. Benefits suspended beyond the reemployment
65	limitation shall apply toward repayment of benefits received in
66	violation of the reemployment limitation.
67	3.a.A district school board may reemploy a retired member
68	as a substitute or hourly teacher, education paraprofessional,
69	transportation assistant, bus driver, or food service worker on
70	a noncontractual basis after he or she has been retired for 1
71	calendar month, in accordance with s. 121.021(39). Any retired
72	member who is reemployed within 1 calendar month after
73	retirement shall void his or her application for retirement
74	benefits. District school boards reemploying such teachers,
75	education paraprofessionals, transportation assistants, bus
76	drivers, or food service workers are subject to the retirement
77	contribution required by subparagraph 7. Reemployment of a
78	retired member as a substitute or hourly teacher, education
79	paraprofessional, transportation assistant, bus driver, or food
80	service worker is limited to 780 hours during the first 12
81	months of his or her retirement. Any retired member reemployed
82	for more than 780 hours during his or her first 12 months of
83	retirement shall give timely notice in writing to the employer
84	and to the division of the date he or she will exceed the
85	limitation. The division shall suspend his or her retirement
86	benefits for the remainder of the first 12 months of retirement.
87	Any person employed in violation of this subparagraph and any
88	employing agency which knowingly employs or appoints such person
89	without notifying the Division of Retirement to suspend
90	retirement benefits shall be jointly and severally liable for
91	reimbursement to the retirement trust fund of any benefits paid
92	during the reemployment limitation period. To avoid liability,
93	such employing agency shall have a written statement from the
94	retiree that he or she is not retired from a state-administered
95	retirement system. Any retirement benefits received by a retired
96	member while reemployed in excess of 780 hours during the first
97	12 months of retirement shall be repaid to the Retirement System
98	Trust Fund, and his or her retirement benefits shall remain
99	suspended until repayment is made. Benefits suspended beyond
100	the end of the retired member's first 12 months of retirement
101	shall apply toward repayment of benefits received in violation
102	of the 780-hour reemployment limitation.
103	b. Notwithstanding the provisions of sub-subparagraph a.
104	and s. 122.16, a district school board may reemploy a teacher on
105	a full-time basis after that teacher has participated for the
106	maximum period in the Deferred Retirement Option Program
107	pursuant to subsection (13) and has been retired for 30 days.
108	Reemployment does not void any state retirement benefit for
109	which the employee is eligible. However, the employee may not be
110	reenrolled in the defined benefit program of the Florida
111	Retirement System but must be enrolled in the Public Employee
112	Optional Retirement Program pursuant to s. 121.4501.
113	4. A community college board of trustees may reemploy a
114	retired member as an adjunct instructor, that is, an instructor
115	who is noncontractual and part-time, or as a participant in a
116	phased retirement program within the Florida Community College
117	System, after he or she has been retired for 1 calendar month,
118	in accordance with s. 121.021(39). Any retired member who is
119	reemployed within 1 calendar month after retirement shall void
120	his or her application for retirement benefits. Boards of
121	trustees reemploying such instructors are subject to the
122	retirement contribution required in subparagraph 7. A retired
123	member may be reemployed as an adjunct instructor for no more
124	than 780 hours during the first 12 months of retirement. Any
125	retired member reemployed for more than 780 hours during the
126	first 12 months of retirement shall give timely notice in
127	writing to the employer and to the division of the date he or
128	she will exceed the limitation. The division shall suspend his
129	or her retirement benefits for the remainder of the first 12
130	months of retirement. Any person employed in violation of this
131	subparagraph and any employing agency which knowingly employs or
132	appoints such person without notifying the Division of
133	Retirement to suspend retirement benefits shall be jointly and
134	severally liable for reimbursement to the retirement trust fund
135	of any benefits paid during the reemployment limitation period.
136	To avoid liability, such employing agency shall have a written
137	statement from the retiree that he or she is not retired from a
138	state-administered retirement system. Any retirement benefits
139	received by a retired member while reemployed in excess of 780
140	hours during the first 12 months of retirement shall be repaid
141	to the Retirement System Trust Fund, and retirement benefits
142	shall remain suspended until repayment is made. Benefits
143	suspended beyond the end of the retired member's first 12 months
144	of retirement shall apply toward repayment of benefits received
145	in violation of the 780-hour reemployment limitation.
146	5. The State University System may reemploy a retired
147	member as an adjunct faculty member or as a participant in a
148	phased retirement program within the State University System
149	after the retired member has been retired for 1 calendar month,
150	in accordance with s. 121.021(39). Any retired member who is
151	reemployed within 1 calendar month after retirement shall void
152	his or her application for retirement benefits. The State
153	University System is subject to the retired contribution
154	required in subparagraph 7., as appropriate. A retired member
155	may be reemployed as an adjunct faculty member or a participant
156	in a phased retirement program for no more than 780 hours during
157	the first 12 months of his or her retirement. Any retired member
158	reemployed for more than 780 hours during the first 12 months of
159	retirement shall give timely notice in writing to the employer
160	and to the division of the date he or she will exceed the
161	limitation. The division shall suspend his or her retirement
162	benefits for the remainder of the first 12 months of retirement.
163	Any person employed in violation of this subparagraph and any
164	employing agency which knowingly employs or appoints such person
165	without notifying the Division of Retirement to suspend
166	retirement benefits shall be jointly and severally liable for
167	reimbursement to the retirement trust fund of any benefits paid
168	during the reemployment limitation period. To avoid liability,
169	such employing agency shall have a written statement from the
170	retiree that he or she is not retired from a state-administered
171	retirement system. Any retirement benefits received by a retired
172	member while reemployed in excess of 780 hours during the first
173	12 months of retirement shall be repaid to the Retirement System
174	Trust Fund, and retirement benefits shall remain suspended until
175	repayment is made. Benefits suspended beyond the end of the
176	retired member's first 12 months of retirement shall apply
177	toward repayment of benefits received in violation of the 780-
178	hour reemployment limitation.
179	6. The Board of Trustees of the Florida School for the
180	Deaf and the Blind may reemploy a retired member as a substitute
181	teacher, substitute residential instructor, or substitute nurse
182	on a noncontractual basis after he or she has been retired for 1
183	calendar month, in accordance with s. 121.021(39). Any retired
184	member who is reemployed within 1 calendar month after
185	retirement shall void his or her application for retirement
186	benefits. The Board of Trustees of the Florida School for the
187	Deaf and the Blind reemploying such teachers, residential
188	instructors, or nurses is subject to the retirement contribution
189	required by subparagraph 7. Reemployment of a retired member as
190	a substitute teacher, substitute residential instructor, or
191	substitute nurse is limited to 780 hours during the first 12
192	months of his or her retirement. Any retired member reemployed
193	for more than 780 hours during the first 12 months of retirement
194	shall give timely notice in writing to the employer and to the
195	division of the date he or she will exceed the limitation. The
196	division shall suspend his or her retirement benefits for the
197	remainder of the first 12 months of retirement. Any person
198	employed in violation of this subparagraph and any employing
199	agency which knowingly employs or appoints such person without
200	notifying the Division of Retirement to suspend retirement
201	benefits shall be jointly and severally liable for reimbursement
202	to the retirement trust fund of any benefits paid during the
203	reemployment limitation period. To avoid liability, such
204	employing agency shall have a written statement from the retiree
205	that he or she is not retired from a state-administered
206	retirement system. Any retirement benefits received by a retired
207	member while reemployed in excess of 780 hours during the first
208	12 months of retirement shall be repaid to the Retirement System
209	Trust Fund, and his or her retirement benefits shall remain
210	suspended until payment is made. Benefits suspended beyond the
211	end of the retired member's first 12 months of retirement shall
212	apply toward repayment of benefits received in violation of the
213	780-hour reemployment limitation.
214	7. The employment by an employer of any retiree or DROP
215	participant of any state-administered retirement system shall
216	have no effect on the average final compensation or years of
217	creditable service of the retiree or DROP participant. Prior to
218	July 1, 1991, upon employment of any person, other than an
219	elected officer as provided in s. 121.053, who has been retired
220	under any state-administered retirement program, the employer
221	shall pay retirement contributions in an amount equal to the
222	unfunded actuarial liability portion of the employer
223	contribution which would be required for regular members of the
224	Florida Retirement System. Effective July 1, 1991, contributions
225	shall be made as provided in s. 121.122 for retirees with
226	renewed membership or subsection (13) with respect to DROP
227	participants.
228	8. Any person who has previously retired and who is
229	holding an elective public office or an appointment to an
230	elective public office eligible for the Elected Officers' Class
231	on or after July 1, 1990, shall be enrolled in the Florida
232	Retirement System as provided in s. 121.053(1)(b) or, if holding
233	an elective public office that does not qualify for the Elected
234	Officers' Class on or after July 1, 1991, shall be enrolled in
235	the Florida Retirement System as provided in s. 121.122, and
236	shall continue to receive retirement benefits as well as
237	compensation for the elected officer's service for as long as he
238	or she remains in elective office. However, any retired member
239	who served in an elective office prior to July 1, 1990,
240	suspended his or her retirement benefit, and had his or her
241	Florida Retirement System membership reinstated shall, upon
242	retirement from such office, have his or her retirement benefit
243	recalculated to include the additional service and compensation
244	earned.
245	9. Any person who is holding an elective public office
246	which is covered by the Florida Retirement System and who is
247	concurrently employed in nonelected covered employment may elect
248	to retire while continuing employment in the elective public
249	office, provided that he or she shall be required to terminate
250	his or her nonelected covered employment. Any person who
251	exercises this election shall receive his or her retirement
252	benefits in addition to the compensation of the elective office
253	without regard to the time limitations otherwise provided in
254	this subsection. No person who seeks to exercise the provisions
255	of this subparagraph, as the same existed prior to May 3, 1984,
256	shall be deemed to be retired under those provisions, unless
257	such person is eligible to retire under the provisions of this
258	subparagraph, as amended by chapter 84-11, Laws of Florida.
259	10. The limitations of this paragraph apply to
260	reemployment in any capacity with an "employer" as defined in s.
261	121.021(10), irrespective of the category of funds from which
262	the person is compensated.
263	11. An employing agency may reemploy a retired member as a
264	firefighter or paramedic after the retired member has been
265	retired for 1 calendar month, in accordance with s. 121.021(39).
266	Any retired member who is reemployed within 1 calendar month
267	after retirement shall void his or her application for
268	retirement benefits. The employing agency reemploying such
269	firefighter or paramedic is subject to the retired contribution
270	required in subparagraph 8. Reemployment of a retired
271	firefighter or paramedic is limited to no more than 780 hours
272	during the first 12 months of his or her retirement. Any retired
273	member reemployed for more than 780 hours during the first 12
274	months of retirement shall give timely notice in writing to the
275	employer and to the division of the date he or she will exceed
276	the limitation. The division shall suspend his or her retirement
277	benefits for the remainder of the first 12 months of retirement.
278	Any person employed in violation of this subparagraph and any
279	employing agency which knowingly employs or appoints such person
280	without notifying the Division of Retirement to suspend
281	retirement benefits shall be jointly and severally liable for
282	reimbursement to the Retirement System Trust Fund of any
283	benefits paid during the reemployment limitation period. To
284	avoid liability, such employing agency shall have a written
285	statement from the retiree that he or she is not retired from a
286	state-administered retirement system. Any retirement benefits
287	received by a retired member while reemployed in excess of 780
288	hours during the first 12 months of retirement shall be repaid
289	to the Retirement System Trust Fund, and retirement benefits
290	shall remain suspended until repayment is made. Benefits
291	suspended beyond the end of the retired member's first 12 months
292	of retirement shall apply toward repayment of benefits received
293	in violation of the 780-hour reemployment limitation.
294	Section 2. This act shall take effect July 1, 2003.