Senate Bill sb2384
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Florida Senate - 2003 SB 2384
By Senator Bullard
39-1756-03
1 A bill to be entitled
2 An act relating to reemployment of educational
3 personnel; amending s. 121.091, F.S.; providing
4 that certain restrictions with respect to
5 reemployment immediately following retirement
6 do not apply to educational personnel;
7 providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraph (b) of subsection (9) of section
12 121.091, Florida Statutes, is amended to read:
13 121.091 Benefits payable under the system.--Benefits
14 may not be paid under this section unless the member has
15 terminated employment as provided in s. 121.021(39)(a) or
16 begun participation in the Deferred Retirement Option Program
17 as provided in subsection (13), and a proper application has
18 been filed in the manner prescribed by the department. The
19 department may cancel an application for retirement benefits
20 when the member or beneficiary fails to timely provide the
21 information and documents required by this chapter and the
22 department's rules. The department shall adopt rules
23 establishing procedures for application for retirement
24 benefits and for the cancellation of such application when the
25 required information or documents are not received.
26 (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
27 (b)1. Any person who is retired under this chapter,
28 except under the disability retirement provisions of
29 subsection (4), may be reemployed by any private or public
30 employer after retirement and receive retirement benefits and
31 compensation from his or her employer without any limitations,
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Florida Senate - 2003 SB 2384
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1 except that a person, other than a person defined as
2 "educational personnel" under s. 1012.99 who has completed the
3 maximum term of service under subparagraph (13)(b)1., may not
4 receive both a salary from reemployment with any agency
5 participating in the Florida Retirement System and retirement
6 benefits under this chapter for a period of 12 months
7 immediately subsequent to the date of retirement. However, a
8 DROP participant shall continue employment and receive a
9 salary during the period of participation in the Deferred
10 Retirement Option Program, as provided in subsection (13).
11 2. Any person to whom the limitation in subparagraph
12 1. applies who violates such reemployment limitation and who
13 is reemployed with any agency participating in the Florida
14 Retirement System before completion of the 12-month limitation
15 period shall give timely notice of this fact in writing to the
16 employer and to the division and shall have his or her
17 retirement benefits suspended for the balance of the 12-month
18 limitation period. Any person employed in violation of this
19 paragraph and any employing agency which knowingly employs or
20 appoints such person without notifying the Division of
21 Retirement to suspend retirement benefits shall be jointly and
22 severally liable for reimbursement to the retirement trust
23 fund of any benefits paid during the reemployment limitation
24 period. To avoid liability, such employing agency shall have
25 a written statement from the retiree that he or she is not
26 retired from a state-administered retirement system. Any
27 retirement benefits received while reemployed during this
28 reemployment limitation period shall be repaid to the
29 retirement trust fund, and retirement benefits shall remain
30 suspended until such repayment has been made. Benefits
31 suspended beyond the reemployment limitation shall apply
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Florida Senate - 2003 SB 2384
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1 toward repayment of benefits received in violation of the
2 reemployment limitation.
3 3. 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.
22 The division shall suspend his or her retirement benefits for
23 the remainder of the first 12 months of retirement. Any
24 person employed in violation of this subparagraph and any
25 employing agency which knowingly employs or appoints such
26 person without notifying the Division of Retirement to suspend
27 retirement 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 4. A community college board of trustees may reemploy
11 a retired member as an adjunct instructor, that is, an
12 instructor who is noncontractual and part-time, or as a
13 participant in a phased retirement program within the Florida
14 Community College System, after he or she has been retired for
15 1 calendar month, in accordance with s. 121.021(39). Any
16 retired member who is reemployed within 1 calendar month after
17 retirement shall void his or her application for retirement
18 benefits. Boards of trustees reemploying such instructors are
19 subject to the retirement contribution required in
20 subparagraph 7. A retired member may be reemployed as an
21 adjunct instructor for no more than 780 hours during the first
22 12 months of retirement. Any retired member reemployed for
23 more than 780 hours during the first 12 months of retirement
24 shall give timely notice in writing to the employer and to the
25 division of the date he or she will exceed the limitation.
26 The division shall suspend his or her retirement benefits for
27 the remainder of the first 12 months of retirement. Any
28 person employed in violation of this subparagraph and any
29 employing agency which knowingly employs or appoints such
30 person without notifying the Division of Retirement to suspend
31 retirement benefits shall be jointly and severally liable for
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1 reimbursement to the retirement trust fund of any benefits
2 paid during the reemployment limitation period. To avoid
3 liability, such employing agency shall have a written
4 statement from the retiree that he or she is not retired from
5 a state-administered retirement system. Any retirement
6 benefits received by a retired member while reemployed in
7 excess of 780 hours during the first 12 months of retirement
8 shall be repaid to the Retirement System Trust Fund, and
9 retirement benefits shall remain suspended until repayment is
10 made. Benefits suspended beyond the end of the retired
11 member's first 12 months of retirement shall apply toward
12 repayment of benefits received in violation of the 780-hour
13 reemployment limitation.
14 5. The State University System may reemploy a retired
15 member as an adjunct faculty member or as a participant in a
16 phased retirement program within the State University System
17 after the retired member has been retired for 1 calendar
18 month, in accordance with s. 121.021(39). Any retired member
19 who is reemployed within 1 calendar month after retirement
20 shall void his or her application for retirement benefits.
21 The State University System is subject to the retired
22 contribution required in subparagraph 7., as appropriate. A
23 retired member may be reemployed as an adjunct faculty member
24 or a participant in a phased retirement program for no more
25 than 780 hours during the first 12 months of his or her
26 retirement. Any retired member reemployed for more than 780
27 hours during the first 12 months of retirement shall give
28 timely notice in writing to the employer and to the division
29 of the date he or she will exceed the limitation. The
30 division shall suspend his or her retirement benefits for the
31 remainder of the first 12 months of retirement. Any person
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1 employed in violation of this subparagraph and any employing
2 agency which knowingly employs or appoints such person without
3 notifying the Division of Retirement to suspend retirement
4 benefits shall be jointly and severally liable for
5 reimbursement to the retirement trust fund of any benefits
6 paid during the reemployment limitation period. To avoid
7 liability, such employing agency shall have a written
8 statement from the retiree that he or she is not retired from
9 a state-administered retirement system. Any retirement
10 benefits received by a retired member while reemployed in
11 excess of 780 hours during the first 12 months of retirement
12 shall be repaid to the Retirement System Trust Fund, and
13 retirement benefits shall remain suspended until repayment is
14 made. Benefits suspended beyond the end of the retired
15 member's first 12 months of retirement shall apply toward
16 repayment of benefits received in violation of the 780-hour
17 reemployment limitation.
18 6. The Board of Trustees of the Florida School for the
19 Deaf and the Blind may reemploy a retired member as a
20 substitute teacher, substitute residential instructor, or
21 substitute nurse on a noncontractual basis after he or she has
22 been retired for 1 calendar month, in accordance with s.
23 121.021(39). Any retired member who is reemployed within 1
24 calendar month after retirement shall void his or her
25 application for retirement benefits. The Board of Trustees of
26 the Florida School for the Deaf and the Blind reemploying such
27 teachers, residential instructors, or nurses is subject to the
28 retirement contribution required by subparagraph 7.
29 Reemployment of a retired member as a substitute teacher,
30 substitute residential instructor, or substitute nurse is
31 limited to 780 hours during the first 12 months of his or her
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1 retirement. Any retired member reemployed for more than 780
2 hours during the first 12 months of retirement shall give
3 timely notice in writing to the employer and to the division
4 of the date he or she will exceed the limitation. The division
5 shall suspend his or her retirement benefits for the remainder
6 of the first 12 months of retirement. Any person employed in
7 violation of this subparagraph and any employing agency which
8 knowingly employs or appoints such person without notifying
9 the Division of Retirement to suspend retirement benefits
10 shall be jointly and severally liable for reimbursement to the
11 retirement trust fund of any benefits paid during the
12 reemployment limitation period. To avoid liability, such
13 employing agency shall have a written statement from the
14 retiree that he or she is not retired from a
15 state-administered retirement system. Any retirement benefits
16 received by a retired member while reemployed in excess of 780
17 hours during the first 12 months of retirement shall be repaid
18 to the Retirement System Trust Fund, and his or her retirement
19 benefits shall remain suspended until payment is made.
20 Benefits suspended beyond the end of the retired member's
21 first 12 months of retirement shall apply toward repayment of
22 benefits received in violation of the 780-hour reemployment
23 limitation.
24 7. The employment by an employer of any retiree or
25 DROP participant of any state-administered retirement system
26 shall have no effect on the average final compensation or
27 years of creditable service of the retiree or DROP
28 participant. Prior to July 1, 1991, upon employment of any
29 person, other than an elected officer as provided in s.
30 121.053, who has been retired under any state-administered
31 retirement program, the employer shall pay retirement
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1 contributions in an amount equal to the unfunded actuarial
2 liability portion of the employer contribution which would be
3 required for regular members of the Florida Retirement System.
4 Effective July 1, 1991, contributions shall be made as
5 provided in s. 121.122 for retirees with renewed membership or
6 subsection (13) with respect to DROP participants.
7 8. Any person who has previously retired and who is
8 holding an elective public office or an appointment to an
9 elective public office eligible for the Elected Officers'
10 Class on or after July 1, 1990, shall be enrolled in the
11 Florida Retirement System as provided in s. 121.053(1)(b) or,
12 if holding an elective public office that does not qualify for
13 the Elected Officers' Class on or after July 1, 1991, shall be
14 enrolled in the Florida Retirement System as provided in s.
15 121.122, and shall continue to receive retirement benefits as
16 well as compensation for the elected officer's service for as
17 long as he or she remains in elective office. However, any
18 retired member who served in an elective office prior to July
19 1, 1990, suspended his or her retirement benefit, and had his
20 or her Florida Retirement System membership reinstated shall,
21 upon retirement from such office, have his or her retirement
22 benefit recalculated to include the additional service and
23 compensation earned.
24 9. Any person who is holding an elective public office
25 which is covered by the Florida Retirement System and who is
26 concurrently employed in nonelected covered employment may
27 elect to retire while continuing employment in the elective
28 public office, provided that he or she shall be required to
29 terminate his or her nonelected covered employment. Any
30 person who exercises this election shall receive his or her
31 retirement benefits in addition to the compensation of the
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1 elective office without regard to the time limitations
2 otherwise provided in this subsection. No person who seeks to
3 exercise the provisions of this subparagraph, as the same
4 existed prior to May 3, 1984, shall be deemed to be retired
5 under those provisions, unless such person is eligible to
6 retire under the provisions of this subparagraph, as amended
7 by chapter 84-11, Laws of Florida.
8 10. The limitations of this paragraph apply to
9 reemployment in any capacity with an "employer" as defined in
10 s. 121.021(10), irrespective of the category of funds from
11 which the person is compensated.
12 11. An employing agency may reemploy a retired member
13 as a firefighter or paramedic after the retired member has
14 been retired for 1 calendar month, in accordance with s.
15 121.021(39). Any retired member who is reemployed within 1
16 calendar month after retirement shall void his or her
17 application for retirement benefits. The employing agency
18 reemploying such firefighter or paramedic is subject to the
19 retired contribution required in subparagraph 8. Reemployment
20 of a retired firefighter or paramedic is limited to no more
21 than 780 hours during the first 12 months of his or her
22 retirement. Any retired member reemployed for more than 780
23 hours during the first 12 months of retirement shall give
24 timely notice in writing to the employer and to the division
25 of the date he or she will exceed the limitation. The division
26 shall suspend his or her retirement benefits for the remainder
27 of the first 12 months of retirement. Any person employed in
28 violation of this subparagraph and any employing agency which
29 knowingly employs or appoints such person without notifying
30 the Division of Retirement to suspend retirement benefits
31 shall be jointly and severally liable for reimbursement to the
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1 Retirement System Trust Fund of any benefits paid during the
2 reemployment limitation period. To avoid liability, such
3 employing agency shall have a written statement from the
4 retiree that he or she is not retired from a
5 state-administered retirement system. Any retirement benefits
6 received by a retired member while reemployed in excess of 780
7 hours during the first 12 months of retirement shall be repaid
8 to the Retirement System Trust Fund, and retirement benefits
9 shall remain suspended until repayment is made. Benefits
10 suspended beyond the end of the retired member's first 12
11 months of retirement shall apply toward repayment of benefits
12 received in violation of the 780-hour reemployment limitation.
13 Section 2. This act shall take effect July 1, 2003.
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16 SENATE SUMMARY
17 Provides that a provision prohibiting reemployment during
the 12 months immediately subsequent to the date of
18 retirement does not apply to educational personnel.
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