Senate Bill sb2814

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    Florida Senate - 2003                                  SB 2814

    By Senator Wasserman Schultz





    34-1493-03

  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

  3         System; amending s. 121.091, F.S.; authorizing

  4         DROP membership for specified employees of

  5         school districts, charter schools, community

  6         colleges, and state universities; providing an

  7         effective date.

  8  

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

10  

11         Section 1.  Paragraph (a) of subsection (13) 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         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,

27  and subject to the provisions of this section, the Deferred

28  Retirement Option Program, hereinafter referred to as the

29  DROP, is a program under which an eligible member of the

30  Florida  Retirement System may elect to participate, deferring

31  receipt of retirement benefits while continuing employment

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    Florida Senate - 2003                                  SB 2814
    34-1493-03




 1  with his or her Florida Retirement System employer. The

 2  deferred monthly benefits shall accrue in the System Trust

 3  Fund on behalf of the participant, plus interest compounded

 4  monthly, for the specified period of the DROP participation,

 5  as provided in paragraph (c). Upon termination of employment,

 6  the participant shall receive the total DROP benefits and

 7  begin to receive the previously determined normal retirement

 8  benefits. Participation in the DROP does not guarantee

 9  employment for the specified period of DROP.

10         (a)  Eligibility of member to participate in the

11  DROP.--All active Florida Retirement System members in a

12  regularly established position, and all active members of

13  either the Teachers' Retirement System established in chapter

14  238 or the State and County Officers' and Employees'

15  Retirement System established in chapter 122 which systems are

16  consolidated within the Florida Retirement System under s.

17  121.011, are eligible to elect participation in the DROP

18  provided that:

19         1.  The member is not a renewed member of the Florida

20  Retirement System under s. 121.122, or a member of the State

21  Community College System Optional Retirement Program under s.

22  121.051, the Senior Management Service Optional Annuity

23  Program under s. 121.055, or the optional retirement program

24  for the State University System under s. 121.35.

25         2.  Except as provided in subparagraph 6., election to

26  participate is made within 12 months immediately following the

27  date on which the member first reaches normal retirement date,

28  or, for a member who reaches normal retirement date based on

29  service before he or she reaches age 62, or age 55 for Special

30  Risk Class members, election to participate may be deferred to

31  the 12 months immediately following the date the member

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    Florida Senate - 2003                                  SB 2814
    34-1493-03




 1  attains 57, or age 52 for Special Risk Class members. For a

 2  member who first reached normal retirement date or the

 3  deferred eligibility date described above prior to the

 4  effective date of this section, election to participate shall

 5  be made within 12 months after the effective date of this

 6  section. A member who fails to make an election within such

 7  12-month limitation period shall forfeit all rights to

 8  participate in the DROP. The member shall advise his or her

 9  employer and the division in writing of the date on which the

10  DROP shall begin. Such beginning date may be subsequent to the

11  12-month election period, but must be within the 60-month

12  limitation period as provided in subparagraph (b)1. When

13  establishing eligibility of the member to participate in the

14  DROP for the 60-month maximum participation period, the member

15  may elect to include or exclude any optional service credit

16  purchased by the member from the total service used to

17  establish the normal retirement date. A member with dual

18  normal retirement dates shall be eligible to elect to

19  participate in DROP within 12 months after attaining normal

20  retirement date in either class.

21         3.  The employer of a member electing to participate in

22  the DROP, or employers if dually employed, shall acknowledge

23  in writing to the division the date the member's participation

24  in the DROP begins and the date the member's employment and

25  DROP participation will terminate.

26         4.  Simultaneous employment of a participant by

27  additional Florida Retirement System employers subsequent to

28  the commencement of participation in the DROP shall be

29  permissible provided such employers acknowledge in writing a

30  DROP termination date no later than the participant's existing

31  

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    Florida Senate - 2003                                  SB 2814
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 1  termination date or the 60-month limitation period as provided

 2  in subparagraph (b)1.

 3         5.  A DROP participant may change employers while

 4  participating in the DROP, subject to the following:

 5         a.  A change of employment must take place without a

 6  break in service so that the member receives salary for each

 7  month of continuous DROP participation.  If a member receives

 8  no salary during a month, DROP participation shall cease

 9  unless the employer verifies a continuation of the employment

10  relationship for such participant pursuant to s.

11  121.021(39)(b).

12         b.  Such participant and new employer shall notify the

13  division on forms required by the division as to the identity

14  of the new employer.

15         c.  The new employer shall acknowledge, in writing, the

16  participant's DROP termination date, which may be extended but

17  not beyond the original 60-month period provided in

18  subparagraph (b)1., shall acknowledge liability for any

19  additional retirement contributions and interest required if

20  the participant fails to timely terminate employment, and

21  shall be subject to the adjustment required in

22  sub-subparagraph (c)5.d.

23         6.  Effective July 1, 2001, for instructional personnel

24  as defined in s. 1012.01(2), election to participate in the

25  DROP shall be made at any time following the date on which the

26  member first reaches normal retirement date. Effective July 1,

27  2003, any eligible employee, except administrative staff, of a

28  public school district, a charter school, a community college,

29  or a state university may elect to participate in the DROP at

30  any time following the date on which the member first reaches

31  normal retirement date. The member shall advise his or her

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    Florida Senate - 2003                                  SB 2814
    34-1493-03




 1  employer and the division in writing of the date on which the

 2  Deferred Retirement Option Program shall begin. When

 3  establishing eligibility of the member to participate in the

 4  DROP for the 60-month maximum participation period, as

 5  provided in subparagraph (b)1., the member may elect to

 6  include or exclude any optional service credit purchased by

 7  the member from the total service used to establish the normal

 8  retirement date. A member with dual normal retirement dates

 9  shall be eligible to elect to participate in either class.

10         Section 2.  This act shall take effect July 1, 2003.

11  

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13                          SENATE SUMMARY

14    Authorizes eligible employees, except administrative
      staff, of school districts, charter schools, community
15    colleges, and state universities to participate in the
      Deferred Option Retirement Plan.
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