| 1 | A bill to be entitled |
| 2 | An act relating to public school employment; amending s. |
| 3 | 121.091, F.S.; authorizing reemployment of, and extended |
| 4 | DROP participation by, persons formerly serving as |
| 5 | administrative personnel in the same manner as retired |
| 6 | instructional personnel; providing an effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Paragraph (b) of subsection (9) and paragraphs |
| 11 | (a) and (b) of subsection (13) of section 121.091, Florida |
| 12 | Statutes, are amended to read: |
| 13 | 121.091 Benefits payable under the system.--Benefits may |
| 14 | not be paid under this section unless the member has terminated |
| 15 | employment as provided in s. 121.021(39)(a) or begun |
| 16 | participation in the Deferred Retirement Option Program as |
| 17 | provided in subsection (13), and a proper application has been |
| 18 | filed in the manner prescribed by the department. The department |
| 19 | may cancel an application for retirement benefits when the |
| 20 | member or beneficiary fails to timely provide the information |
| 21 | and documents required by this chapter and the department's |
| 22 | rules. The department shall adopt rules establishing procedures |
| 23 | for application for retirement benefits and for the cancellation |
| 24 | of such application when the required information or documents |
| 25 | are not received. |
| 26 | (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.-- |
| 27 | (b)1. Any person who is retired under this chapter, except |
| 28 | under the disability retirement provisions of subsection (4), |
| 29 | may be reemployed by any private or public employer after |
| 30 | retirement and receive retirement benefits and compensation from |
| 31 | his or her employer without any limitations, except that a |
| 32 | person may not receive both a salary from reemployment with any |
| 33 | agency participating in the Florida Retirement System and |
| 34 | retirement benefits under this chapter for a period of 12 months |
| 35 | immediately subsequent to the date of retirement. However, a |
| 36 | DROP participant shall continue employment and receive a salary |
| 37 | during the period of participation in the Deferred Retirement |
| 38 | Option Program, as provided in subsection (13). |
| 39 | 2. Any person to whom the limitation in subparagraph 1. |
| 40 | applies who violates such reemployment limitation and who is |
| 41 | reemployed with any agency participating in the Florida |
| 42 | Retirement System before completion of the 12-month limitation |
| 43 | period shall give timely notice of this fact in writing to the |
| 44 | employer and to the division and shall have his or her |
| 45 | retirement benefits suspended for the balance of the 12-month |
| 46 | limitation period. Any person employed in violation of this |
| 47 | paragraph and any employing agency which knowingly employs or |
| 48 | appoints such person without notifying the Division of |
| 49 | Retirement to suspend retirement benefits shall be jointly and |
| 50 | severally liable for reimbursement to the retirement trust fund |
| 51 | of any benefits paid during the reemployment limitation period. |
| 52 | To avoid liability, such employing agency shall have a written |
| 53 | statement from the retiree that he or she is not retired from a |
| 54 | state-administered retirement system. Any retirement benefits |
| 55 | received while reemployed during this reemployment limitation |
| 56 | period shall be repaid to the retirement trust fund, and |
| 57 | retirement benefits shall remain suspended until such repayment |
| 58 | has been made. Benefits suspended beyond the reemployment |
| 59 | limitation shall apply toward repayment of benefits received in |
| 60 | violation of the reemployment limitation. |
| 61 | 3. A district school board may reemploy a retired member |
| 62 | as a substitute or hourly teacher, education paraprofessional, |
| 63 | transportation assistant, bus driver, or food service worker on |
| 64 | a noncontractual basis after he or she has been retired for 1 |
| 65 | calendar month, in accordance with s. 121.021(39). A district |
| 66 | school board may reemploy a retired member as instructional |
| 67 | personnel, as defined in s. 1012.01(2)(a), or as administrative |
| 68 | personnel, as defined in s. 1012.01(3), on an annual contractual |
| 69 | basis after he or she has been retired for 1 calendar month, in |
| 70 | accordance with s. 121.021(39). Any other retired member who is |
| 71 | reemployed within 1 calendar month after retirement shall void |
| 72 | his or her application for retirement benefits. District school |
| 73 | boards reemploying such teachers, education paraprofessionals, |
| 74 | transportation assistants, bus drivers, or food service workers |
| 75 | are subject to the retirement contribution required by |
| 76 | subparagraph 7. |
| 77 | 4. A community college board of trustees may reemploy a |
| 78 | retired member as an adjunct instructor, that is, an instructor |
| 79 | who is noncontractual and part-time, or as a participant in a |
| 80 | phased retirement program within the Florida Community College |
| 81 | System, after he or she has been retired for 1 calendar month, |
| 82 | in accordance with s. 121.021(39). Any retired member who is |
| 83 | reemployed within 1 calendar month after retirement shall void |
| 84 | his or her application for retirement benefits. Boards of |
| 85 | trustees reemploying such instructors are subject to the |
| 86 | retirement contribution required in subparagraph 7. A retired |
| 87 | member may be reemployed as an adjunct instructor for no more |
| 88 | than 780 hours during the first 12 months of retirement. Any |
| 89 | retired member reemployed for more than 780 hours during the |
| 90 | first 12 months of retirement shall give timely notice in |
| 91 | writing to the employer and to the division of the date he or |
| 92 | she will exceed the limitation. The division shall suspend his |
| 93 | or her retirement benefits for the remainder of the first 12 |
| 94 | months of retirement. Any person employed in violation of this |
| 95 | subparagraph and any employing agency which knowingly employs or |
| 96 | appoints such person without notifying the Division of |
| 97 | Retirement to suspend retirement benefits shall be jointly and |
| 98 | severally liable for reimbursement to the retirement trust fund |
| 99 | of any benefits paid during the reemployment limitation period. |
| 100 | To avoid liability, such employing agency shall have a written |
| 101 | statement from the retiree that he or she is not retired from a |
| 102 | state-administered retirement system. Any retirement benefits |
| 103 | received by a retired member while reemployed in excess of 780 |
| 104 | hours during the first 12 months of retirement shall be repaid |
| 105 | to the Retirement System Trust Fund, and retirement benefits |
| 106 | shall remain suspended until repayment is made. Benefits |
| 107 | suspended beyond the end of the retired member's first 12 months |
| 108 | of retirement shall apply toward repayment of benefits received |
| 109 | in violation of the 780-hour reemployment limitation. |
| 110 | 5. The State University System may reemploy a retired |
| 111 | member as an adjunct faculty member or as a participant in a |
| 112 | phased retirement program within the State University System |
| 113 | after the retired member has been retired for 1 calendar month, |
| 114 | in accordance with s. 121.021(39). Any retired member who is |
| 115 | reemployed within 1 calendar month after retirement shall void |
| 116 | his or her application for retirement benefits. The State |
| 117 | University System is subject to the retired contribution |
| 118 | required in subparagraph 7., as appropriate. A retired member |
| 119 | may be reemployed as an adjunct faculty member or a participant |
| 120 | in a phased retirement program for no more than 780 hours during |
| 121 | the first 12 months of his or her retirement. Any retired member |
| 122 | reemployed for more than 780 hours during the first 12 months of |
| 123 | retirement shall give timely notice in writing to the employer |
| 124 | and to the division of the date he or she will exceed the |
| 125 | limitation. The division shall suspend his or her retirement |
| 126 | benefits for the remainder of the first 12 months of retirement. |
| 127 | Any person employed in violation of this subparagraph and any |
| 128 | employing agency which knowingly employs or appoints such person |
| 129 | without notifying the Division of Retirement to suspend |
| 130 | retirement benefits shall be jointly and severally liable for |
| 131 | reimbursement to the retirement trust fund of any benefits paid |
| 132 | during the reemployment limitation period. To avoid liability, |
| 133 | such employing agency shall have a written statement from the |
| 134 | retiree that he or she is not retired from a state-administered |
| 135 | retirement system. Any retirement benefits received by a retired |
| 136 | member while reemployed in excess of 780 hours during the first |
| 137 | 12 months of retirement shall be repaid to the Retirement System |
| 138 | Trust Fund, and retirement benefits shall remain suspended until |
| 139 | repayment is made. Benefits suspended beyond the end of the |
| 140 | retired member's first 12 months of retirement shall apply |
| 141 | toward repayment of benefits received in violation of the 780- |
| 142 | hour reemployment limitation. |
| 143 | 6. The Board of Trustees of the Florida School for the |
| 144 | Deaf and the Blind may reemploy a retired member as a substitute |
| 145 | teacher, substitute residential instructor, or substitute nurse |
| 146 | on a noncontractual basis after he or she has been retired for 1 |
| 147 | calendar month, in accordance with s. 121.021(39). Any retired |
| 148 | member who is reemployed within 1 calendar month after |
| 149 | retirement shall void his or her application for retirement |
| 150 | benefits. The Board of Trustees of the Florida School for the |
| 151 | Deaf and the Blind reemploying such teachers, residential |
| 152 | instructors, or nurses is subject to the retirement contribution |
| 153 | required by subparagraph 7. Reemployment of a retired member as |
| 154 | a substitute teacher, substitute residential instructor, or |
| 155 | substitute nurse is limited to 780 hours during the first 12 |
| 156 | months of his or her retirement. Any retired member reemployed |
| 157 | for more than 780 hours during the first 12 months of retirement |
| 158 | shall give timely notice in writing to the employer and to the |
| 159 | division of the date he or she will exceed the limitation. The |
| 160 | division shall suspend his or her retirement benefits for the |
| 161 | remainder of the first 12 months of retirement. Any person |
| 162 | employed in violation of this subparagraph and any employing |
| 163 | agency which knowingly employs or appoints such person without |
| 164 | notifying the Division of Retirement to suspend retirement |
| 165 | benefits shall be jointly and severally liable for reimbursement |
| 166 | to the retirement trust fund of any benefits paid during the |
| 167 | reemployment limitation period. To avoid liability, such |
| 168 | employing agency shall have a written statement from the retiree |
| 169 | that he or she is not retired from a state-administered |
| 170 | retirement system. Any retirement benefits received by a retired |
| 171 | member while reemployed in excess of 780 hours during the first |
| 172 | 12 months of retirement shall be repaid to the Retirement System |
| 173 | Trust Fund, and his or her retirement benefits shall remain |
| 174 | suspended until payment is made. Benefits suspended beyond the |
| 175 | end of the retired member's first 12 months of retirement shall |
| 176 | apply toward repayment of benefits received in violation of the |
| 177 | 780-hour reemployment limitation. |
| 178 | 7. The employment by an employer of any retiree or DROP |
| 179 | participant of any state-administered retirement system shall |
| 180 | have no effect on the average final compensation or years of |
| 181 | creditable service of the retiree or DROP participant. Prior to |
| 182 | July 1, 1991, upon employment of any person, other than an |
| 183 | elected officer as provided in s. 121.053, who has been retired |
| 184 | under any state-administered retirement program, the employer |
| 185 | shall pay retirement contributions in an amount equal to the |
| 186 | unfunded actuarial liability portion of the employer |
| 187 | contribution which would be required for regular members of the |
| 188 | Florida Retirement System. Effective July 1, 1991, contributions |
| 189 | shall be made as provided in s. 121.122 for retirees with |
| 190 | renewed membership or subsection (13) with respect to DROP |
| 191 | participants. |
| 192 | 8. Any person who has previously retired and who is |
| 193 | holding an elective public office or an appointment to an |
| 194 | elective public office eligible for the Elected Officers' Class |
| 195 | on or after July 1, 1990, shall be enrolled in the Florida |
| 196 | Retirement System as provided in s. 121.053(1)(b) or, if holding |
| 197 | an elective public office that does not qualify for the Elected |
| 198 | Officers' Class on or after July 1, 1991, shall be enrolled in |
| 199 | the Florida Retirement System as provided in s. 121.122, and |
| 200 | shall continue to receive retirement benefits as well as |
| 201 | compensation for the elected officer's service for as long as he |
| 202 | or she remains in elective office. However, any retired member |
| 203 | who served in an elective office prior to July 1, 1990, |
| 204 | suspended his or her retirement benefit, and had his or her |
| 205 | Florida Retirement System membership reinstated shall, upon |
| 206 | retirement from such office, have his or her retirement benefit |
| 207 | recalculated to include the additional service and compensation |
| 208 | earned. |
| 209 | 9. Any person who is holding an elective public office |
| 210 | which is covered by the Florida Retirement System and who is |
| 211 | concurrently employed in nonelected covered employment may elect |
| 212 | to retire while continuing employment in the elective public |
| 213 | office, provided that he or she shall be required to terminate |
| 214 | his or her nonelected covered employment. Any person who |
| 215 | exercises this election shall receive his or her retirement |
| 216 | benefits in addition to the compensation of the elective office |
| 217 | without regard to the time limitations otherwise provided in |
| 218 | this subsection. No person who seeks to exercise the provisions |
| 219 | of this subparagraph, as the same existed prior to May 3, 1984, |
| 220 | shall be deemed to be retired under those provisions, unless |
| 221 | such person is eligible to retire under the provisions of this |
| 222 | subparagraph, as amended by chapter 84-11, Laws of Florida. |
| 223 | 10. The limitations of this paragraph apply to |
| 224 | reemployment in any capacity with an "employer" as defined in s. |
| 225 | 121.021(10), irrespective of the category of funds from which |
| 226 | the person is compensated. |
| 227 | 11. An employing agency may reemploy a retired member as a |
| 228 | firefighter or paramedic after the retired member has been |
| 229 | retired for 1 calendar month, in accordance with s. 121.021(39). |
| 230 | Any retired member who is reemployed within 1 calendar month |
| 231 | after retirement shall void his or her application for |
| 232 | retirement benefits. The employing agency reemploying such |
| 233 | firefighter or paramedic is subject to the retired contribution |
| 234 | required in subparagraph 8. Reemployment of a retired |
| 235 | firefighter or paramedic is limited to no more than 780 hours |
| 236 | during the first 12 months of his or her retirement. Any retired |
| 237 | member reemployed for more than 780 hours during the first 12 |
| 238 | months of retirement shall give timely notice in writing to the |
| 239 | employer and to the division of the date he or she will exceed |
| 240 | the limitation. The division shall suspend his or her retirement |
| 241 | benefits for the remainder of the first 12 months of retirement. |
| 242 | Any person employed in violation of this subparagraph and any |
| 243 | employing agency which knowingly employs or appoints such person |
| 244 | without notifying the Division of Retirement to suspend |
| 245 | retirement benefits shall be jointly and severally liable for |
| 246 | reimbursement to the Retirement System Trust Fund of any |
| 247 | benefits paid during the reemployment limitation period. To |
| 248 | avoid liability, such employing agency shall have a written |
| 249 | statement from the retiree that he or she is not retired from a |
| 250 | state-administered retirement system. Any retirement benefits |
| 251 | received by a retired member while reemployed in excess of 780 |
| 252 | hours during the first 12 months of retirement shall be repaid |
| 253 | to the Retirement System Trust Fund, and retirement benefits |
| 254 | shall remain suspended until repayment is made. Benefits |
| 255 | suspended beyond the end of the retired member's first 12 months |
| 256 | of retirement shall apply toward repayment of benefits received |
| 257 | in violation of the 780-hour reemployment limitation. |
| 258 | (13) DEFERRED RETIREMENT OPTION PROGRAM.--In general, and |
| 259 | subject to the provisions of this section, the Deferred |
| 260 | Retirement Option Program, hereinafter referred to as the DROP, |
| 261 | is a program under which an eligible member of the Florida |
| 262 | Retirement System may elect to participate, deferring receipt of |
| 263 | retirement benefits while continuing employment with his or her |
| 264 | Florida Retirement System employer. The deferred monthly |
| 265 | benefits shall accrue in the System Trust Fund on behalf of the |
| 266 | participant, plus interest compounded monthly, for the specified |
| 267 | period of the DROP participation, as provided in paragraph (c). |
| 268 | Upon termination of employment, the participant shall receive |
| 269 | the total DROP benefits and begin to receive the previously |
| 270 | determined normal retirement benefits. Participation in the DROP |
| 271 | does not guarantee employment for the specified period of DROP. |
| 272 | Participation in the DROP by an eligible member beyond the |
| 273 | initial 60-month period as authorized in this subsection shall |
| 274 | be on an annual contractual basis for all participants. |
| 275 | (a) Eligibility of member to participate in the DROP.--All |
| 276 | active Florida Retirement System members in a regularly |
| 277 | established position, and all active members of either the |
| 278 | Teachers' Retirement System established in chapter 238 or the |
| 279 | State and County Officers' and Employees' Retirement System |
| 280 | established in chapter 122 which systems are consolidated within |
| 281 | the Florida Retirement System under s. 121.011, are eligible to |
| 282 | elect participation in the DROP provided that: |
| 283 | 1. The member is not a renewed member of the Florida |
| 284 | Retirement System under s. 121.122, or a member of the State |
| 285 | Community College System Optional Retirement Program under s. |
| 286 | 121.051, the Senior Management Service Optional Annuity Program |
| 287 | under s. 121.055, or the optional retirement program for the |
| 288 | State University System under s. 121.35. |
| 289 | 2. Except as provided in subparagraph 6., election to |
| 290 | participate is made within 12 months immediately following the |
| 291 | date on which the member first reaches normal retirement date, |
| 292 | or, for a member who reaches normal retirement date based on |
| 293 | service before he or she reaches age 62, or age 55 for Special |
| 294 | Risk Class members, election to participate may be deferred to |
| 295 | the 12 months immediately following the date the member attains |
| 296 | 57, or age 52 for Special Risk Class members. For a member who |
| 297 | first reached normal retirement date or the deferred eligibility |
| 298 | date described above prior to the effective date of this |
| 299 | section, election to participate shall be made within 12 months |
| 300 | after the effective date of this section. A member who fails to |
| 301 | make an election within such 12-month limitation period shall |
| 302 | forfeit all rights to participate in the DROP. The member shall |
| 303 | advise his or her employer and the division in writing of the |
| 304 | date on which the DROP shall begin. Such beginning date may be |
| 305 | subsequent to the 12-month election period, but must be within |
| 306 | the 60-month or, with respect to members who are instructional |
| 307 | personnel employed by the Florida School for the Deaf and the |
| 308 | Blind and who have received authorization by the Board of |
| 309 | Trustees of the Florida School for the Deaf and the Blind to |
| 310 | participate in the DROP beyond 60 months, or who are |
| 311 | instructional personnel as defined in s. 1012.01(2)(a)-(d) or |
| 312 | administrative personnel as defined in s. 1012.01(3) in grades |
| 313 | K-12 and who have received authorization by the district school |
| 314 | superintendent to participate in the DROP beyond 60 months, the |
| 315 | 96-month limitation period as provided in subparagraph (b)1. |
| 316 | When establishing eligibility of the member to participate in |
| 317 | the DROP for the 60-month or, with respect to members who are |
| 318 | instructional personnel employed by the Florida School for the |
| 319 | Deaf and the Blind and who have received authorization by the |
| 320 | Board of Trustees of the Florida School for the Deaf and the |
| 321 | Blind to participate in the DROP beyond 60 months, or who are |
| 322 | instructional personnel as defined in s. 1012.01(2)(a)-(d) or |
| 323 | administrative personnel as defined in s. 1012.01(3) in grades |
| 324 | K-12 and who have received authorization by the district school |
| 325 | superintendent to participate in the DROP beyond 60 months, the |
| 326 | 96-month maximum participation period, the member may elect to |
| 327 | include or exclude any optional service credit purchased by the |
| 328 | member from the total service used to establish the normal |
| 329 | retirement date. A member with dual normal retirement dates |
| 330 | shall be eligible to elect to participate in DROP within 12 |
| 331 | months after attaining normal retirement date in either class. |
| 332 | 3. The employer of a member electing to participate in the |
| 333 | DROP, or employers if dually employed, shall acknowledge in |
| 334 | writing to the division the date the member's participation in |
| 335 | the DROP begins and the date the member's employment and DROP |
| 336 | participation will terminate. |
| 337 | 4. Simultaneous employment of a participant by additional |
| 338 | Florida Retirement System employers subsequent to the |
| 339 | commencement of participation in the DROP shall be permissible |
| 340 | provided such employers acknowledge in writing a DROP |
| 341 | termination date no later than the participant's existing |
| 342 | termination date or the 60-month limitation period as provided |
| 343 | in subparagraph (b)1. |
| 344 | 5. A DROP participant may change employers while |
| 345 | participating in the DROP, subject to the following: |
| 346 | a. A change of employment must take place without a break |
| 347 | in service so that the member receives salary for each month of |
| 348 | continuous DROP participation. If a member receives no salary |
| 349 | during a month, DROP participation shall cease unless the |
| 350 | employer verifies a continuation of the employment relationship |
| 351 | for such participant pursuant to s. 121.021(39)(b). |
| 352 | b. Such participant and new employer shall notify the |
| 353 | division on forms required by the division as to the identity of |
| 354 | the new employer. |
| 355 | c. The new employer shall acknowledge, in writing, the |
| 356 | participant's DROP termination date, which may be extended but |
| 357 | not beyond the original 60-month or, with respect to members who |
| 358 | are instructional personnel employed by the Florida School for |
| 359 | the Deaf and the Blind and who have received authorization by |
| 360 | the Board of Trustees of the Florida School for the Deaf and the |
| 361 | Blind to participate in the DROP beyond 60 months, or who are |
| 362 | instructional personnel as defined in s. 1012.01(2)(a)-(d) or |
| 363 | administrative personnel as defined in s. 1012.01(3) in grades |
| 364 | K-12 and who have received authorization by the district school |
| 365 | superintendent to participate in the DROP beyond 60 months, the |
| 366 | 96-month period provided in subparagraph (b)1., shall |
| 367 | acknowledge liability for any additional retirement |
| 368 | contributions and interest required if the participant fails to |
| 369 | timely terminate employment, and shall be subject to the |
| 370 | adjustment required in sub-subparagraph (c)5.d. |
| 371 | 6. Effective July 1, 2001, for instructional personnel as |
| 372 | defined in s. 1012.01(2), election to participate in the DROP |
| 373 | shall be made at any time following the date on which the member |
| 374 | first reaches normal retirement date. The member shall advise |
| 375 | his or her employer and the division in writing of the date on |
| 376 | which the Deferred Retirement Option Program shall begin. When |
| 377 | establishing eligibility of the member to participate in the |
| 378 | DROP for the 60-month or, with respect to members who are |
| 379 | instructional personnel employed by the Florida School for the |
| 380 | Deaf and the Blind and who have received authorization by the |
| 381 | Board of Trustees of the Florida School for the Deaf and the |
| 382 | Blind to participate in the DROP beyond 60 months, or who are |
| 383 | instructional personnel as defined in s. 1012.01(2)(a)-(d) or |
| 384 | administrative personnel as defined in s. 1012.01(3) in grades |
| 385 | K-12 and who have received authorization by the district school |
| 386 | superintendent to participate in the DROP beyond 60 months, the |
| 387 | 96-month maximum participation period, as provided in |
| 388 | subparagraph (b)1., the member may elect to include or exclude |
| 389 | any optional service credit purchased by the member from the |
| 390 | total service used to establish the normal retirement date. A |
| 391 | member with dual normal retirement dates shall be eligible to |
| 392 | elect to participate in either class. |
| 393 | (b) Participation in the DROP.-- |
| 394 | 1. An eligible member may elect to participate in the DROP |
| 395 | for a period not to exceed a maximum of 60 calendar months or, |
| 396 | with respect to members who are instructional personnel employed |
| 397 | by the Florida School for the Deaf and the Blind and who have |
| 398 | received authorization by the Board of Trustees of the Florida |
| 399 | School for the Deaf and the Blind to participate in the DROP |
| 400 | beyond 60 months, or who are instructional personnel as defined |
| 401 | in s. 1012.01(2)(a)-(d) or administrative personnel as defined |
| 402 | in s. 1012.01(3) in grades K-12 and who have received |
| 403 | authorization by the district school superintendent to |
| 404 | participate in the DROP beyond 60 calendar months, 96 calendar |
| 405 | months immediately following the date on which the member first |
| 406 | reaches his or her normal retirement date or the date to which |
| 407 | he or she is eligible to defer his or her election to |
| 408 | participate as provided in subparagraph (a)2. However, a member |
| 409 | who has reached normal retirement date prior to the effective |
| 410 | date of the DROP shall be eligible to participate in the DROP |
| 411 | for a period of time not to exceed 60 calendar months or, with |
| 412 | respect to members who are instructional personnel employed by |
| 413 | the Florida School for the Deaf and the Blind and who have |
| 414 | received authorization by the Board of Trustees of the Florida |
| 415 | School for the Deaf and the Blind to participate in the DROP |
| 416 | beyond 60 months, or who are instructional personnel as defined |
| 417 | in s. 1012.01(2)(a)-(d) or administrative personnel as defined |
| 418 | in s. 1012.01(3) in grades K-12 and who have received |
| 419 | authorization by the district school superintendent to |
| 420 | participate in the DROP beyond 60 calendar months, 96 calendar |
| 421 | months immediately following the effective date of the DROP, |
| 422 | except a member of the Special Risk Class who has reached normal |
| 423 | retirement date prior to the effective date of the DROP and |
| 424 | whose total accrued value exceeds 75 percent of average final |
| 425 | compensation as of his or her effective date of retirement shall |
| 426 | be eligible to participate in the DROP for no more than 36 |
| 427 | calendar months immediately following the effective date of the |
| 428 | DROP. |
| 429 | 2. Upon deciding to participate in the DROP, the member |
| 430 | shall submit, on forms required by the division: |
| 431 | a. A written election to participate in the DROP; |
| 432 | b. Selection of the DROP participation and termination |
| 433 | dates, which satisfy the limitations stated in paragraph (a) and |
| 434 | subparagraph 1. Such termination date shall be in a binding |
| 435 | letter of resignation with the employer, establishing a deferred |
| 436 | termination date. The member may change the termination date |
| 437 | within the limitations of subparagraph 1., but only with the |
| 438 | written approval of his or her employer; |
| 439 | c. A properly completed DROP application for service |
| 440 | retirement as provided in this section; and |
| 441 | d. Any other information required by the division. |
| 442 | 3. The DROP participant shall be a retiree under the |
| 443 | Florida Retirement System for all purposes, except for paragraph |
| 444 | (5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053, |
| 445 | and 121.122. However, participation in the DROP does not alter |
| 446 | the participant's employment status and such employee shall not |
| 447 | be deemed retired from employment until his or her deferred |
| 448 | resignation is effective and termination occurs as provided in |
| 449 | s. 121.021(39). |
| 450 | 4. Elected officers shall be eligible to participate in |
| 451 | the DROP subject to the following: |
| 452 | a. An elected officer who reaches normal retirement date |
| 453 | during a term of office may defer the election to participate in |
| 454 | the DROP until the next succeeding term in that office. Such |
| 455 | elected officer who exercises this option may participate in the |
| 456 | DROP for up to 60 calendar months or a period of no longer than |
| 457 | such succeeding term of office, whichever is less. |
| 458 | b. An elected or a nonelected participant may run for a |
| 459 | term of office while participating in DROP and, if elected, |
| 460 | extend the DROP termination date accordingly, except, however, |
| 461 | if such additional term of office exceeds the 60-month |
| 462 | limitation established in subparagraph 1., and the officer does |
| 463 | not resign from office within such 60-month limitation, the |
| 464 | retirement and the participant's DROP shall be null and void as |
| 465 | provided in sub-subparagraph (c)5.d. |
| 466 | c. An elected officer who is dually employed and elects to |
| 467 | participate in DROP shall be required to satisfy the definition |
| 468 | of termination within the 60-month or, with respect to members |
| 469 | who are instructional personnel employed by the Florida School |
| 470 | for the Deaf and the Blind and who have received authorization |
| 471 | by the Board of Trustees of the Florida School for the Deaf and |
| 472 | the Blind to participate in the DROP beyond 60 months, or who |
| 473 | are instructional personnel as defined in s. 1012.01(2)(a)-(d) |
| 474 | or administrative personnel as defined in s. 1012.01(3) in |
| 475 | grades K-12 and who have received authorization by the district |
| 476 | school superintendent to participate in the DROP beyond 60 |
| 477 | months, the 96-month limitation period as provided in |
| 478 | subparagraph 1. for the nonelected position and may continue |
| 479 | employment as an elected officer as provided in s. 121.053. The |
| 480 | elected officer will be enrolled as a renewed member in the |
| 481 | Elected Officers' Class or the Regular Class, as provided in ss. |
| 482 | 121.053 and 121.22, on the first day of the month after |
| 483 | termination of employment in the nonelected position and |
| 484 | termination of DROP. Distribution of the DROP benefits shall be |
| 485 | made as provided in paragraph (c). |
| 486 | Section 2. This act shall take effect upon becoming a law. |