HB 0663

1
A bill to be entitled
2An act relating to reemployment after retirement; amending
3s. 121.091, F.S.; authorizing an employing agency to
4reemploy a retired member as a law enforcement officer,
5correctional officer, or correctional probation officer
6after a specified period; providing requirements for and
7limitations on such reemployment; providing an effective
8date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Paragraph (b) of subsection (9) of section
13121.091, Florida Statutes, is amended to read:
14     121.091  Benefits payable under the system.--Benefits may
15not be paid under this section unless the member has terminated
16employment as provided in s. 121.021(39)(a) or begun
17participation in the Deferred Retirement Option Program as
18provided in subsection (13), and a proper application has been
19filed in the manner prescribed by the department. The department
20may cancel an application for retirement benefits when the
21member or beneficiary fails to timely provide the information
22and documents required by this chapter and the department's
23rules. The department shall adopt rules establishing procedures
24for application for retirement benefits and for the cancellation
25of such application when the required information or documents
26are not received.
27     (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
28     (b)1.  Any person who is retired under this chapter, except
29under the disability retirement provisions of subsection (4),
30may be reemployed by any private or public employer after
31retirement and receive retirement benefits and compensation from
32his or her employer without any limitations, except that a
33person may not receive both a salary from reemployment with any
34agency participating in the Florida Retirement System and
35retirement benefits under this chapter for a period of 12 months
36immediately subsequent to the date of retirement. However, a
37DROP participant shall continue employment and receive a salary
38during the period of participation in the Deferred Retirement
39Option Program, as provided in subsection (13).
40     2.  Any person to whom the limitation in subparagraph 1.
41applies who violates such reemployment limitation and who is
42reemployed with any agency participating in the Florida
43Retirement System before completion of the 12-month limitation
44period shall give timely notice of this fact in writing to the
45employer and to the division and shall have his or her
46retirement benefits suspended for the balance of the 12-month
47limitation period. Any person employed in violation of this
48paragraph and any employing agency which knowingly employs or
49appoints such person without notifying the Division of
50Retirement to suspend retirement benefits shall be jointly and
51severally liable for reimbursement to the retirement trust fund
52of any benefits paid during the reemployment limitation period.
53To avoid liability, such employing agency shall have a written
54statement from the retiree that he or she is not retired from a
55state-administered retirement system. Any retirement benefits
56received while reemployed during this reemployment limitation
57period shall be repaid to the retirement trust fund, and
58retirement benefits shall remain suspended until such repayment
59has been made. Benefits suspended beyond the reemployment
60limitation shall apply toward repayment of benefits received in
61violation of the reemployment limitation.
62     3.  A district school board may reemploy a retired member
63as a substitute or hourly teacher, education paraprofessional,
64transportation assistant, bus driver, or food service worker on
65a noncontractual basis after he or she has been retired for 1
66calendar month, in accordance with s. 121.021(39). A district
67school board may reemploy a retired member as instructional
68personnel, as defined in s. 1012.01(2)(a), on an annual
69contractual basis after he or she has been retired for 1
70calendar month, in accordance with s. 121.021(39). Any other
71retired member who is reemployed within 1 calendar month after
72retirement shall void his or her application for retirement
73benefits. District school boards reemploying such teachers,
74education paraprofessionals, transportation assistants, bus
75drivers, or food service workers are subject to the retirement
76contribution required by subparagraph 7.
77     4.  A community college board of trustees may reemploy a
78retired member as an adjunct instructor, that is, an instructor
79who is noncontractual and part-time, or as a participant in a
80phased retirement program within the Florida Community College
81System, after he or she has been retired for 1 calendar month,
82in accordance with s. 121.021(39). Any retired member who is
83reemployed within 1 calendar month after retirement shall void
84his or her application for retirement benefits. Boards of
85trustees reemploying such instructors are subject to the
86retirement contribution required in subparagraph 7. A retired
87member may be reemployed as an adjunct instructor for no more
88than 780 hours during the first 12 months of retirement. Any
89retired member reemployed for more than 780 hours during the
90first 12 months of retirement shall give timely notice in
91writing to the employer and to the division of the date he or
92she will exceed the limitation. The division shall suspend his
93or her retirement benefits for the remainder of the first 12
94months of retirement. Any person employed in violation of this
95subparagraph and any employing agency which knowingly employs or
96appoints such person without notifying the Division of
97Retirement to suspend retirement benefits shall be jointly and
98severally liable for reimbursement to the retirement trust fund
99of any benefits paid during the reemployment limitation period.
100To avoid liability, such employing agency shall have a written
101statement from the retiree that he or she is not retired from a
102state-administered retirement system. Any retirement benefits
103received by a retired member while reemployed in excess of 780
104hours during the first 12 months of retirement shall be repaid
105to the Retirement System Trust Fund, and retirement benefits
106shall remain suspended until repayment is made. Benefits
107suspended beyond the end of the retired member's first 12 months
108of retirement shall apply toward repayment of benefits received
109in violation of the 780-hour reemployment limitation.
110     5.  The State University System may reemploy a retired
111member as an adjunct faculty member or as a participant in a
112phased retirement program within the State University System
113after the retired member has been retired for 1 calendar month,
114in accordance with s. 121.021(39). Any retired member who is
115reemployed within 1 calendar month after retirement shall void
116his or her application for retirement benefits. The State
117University System is subject to the retired contribution
118required in subparagraph 7., as appropriate. A retired member
119may be reemployed as an adjunct faculty member or a participant
120in a phased retirement program for no more than 780 hours during
121the first 12 months of his or her retirement. Any retired member
122reemployed for more than 780 hours during the first 12 months of
123retirement shall give timely notice in writing to the employer
124and to the division of the date he or she will exceed the
125limitation. The division shall suspend his or her retirement
126benefits for the remainder of the first 12 months of retirement.
127Any person employed in violation of this subparagraph and any
128employing agency which knowingly employs or appoints such person
129without notifying the Division of Retirement to suspend
130retirement benefits shall be jointly and severally liable for
131reimbursement to the retirement trust fund of any benefits paid
132during the reemployment limitation period. To avoid liability,
133such employing agency shall have a written statement from the
134retiree that he or she is not retired from a state-administered
135retirement system. Any retirement benefits received by a retired
136member while reemployed in excess of 780 hours during the first
13712 months of retirement shall be repaid to the Retirement System
138Trust Fund, and retirement benefits shall remain suspended until
139repayment is made. Benefits suspended beyond the end of the
140retired member's first 12 months of retirement shall apply
141toward repayment of benefits received in violation of the 780-
142hour reemployment limitation.
143     6.  The Board of Trustees of the Florida School for the
144Deaf and the Blind may reemploy a retired member as a substitute
145teacher, substitute residential instructor, or substitute nurse
146on a noncontractual basis after he or she has been retired for 1
147calendar month, in accordance with s. 121.021(39). Any retired
148member who is reemployed within 1 calendar month after
149retirement shall void his or her application for retirement
150benefits. The Board of Trustees of the Florida School for the
151Deaf and the Blind reemploying such teachers, residential
152instructors, or nurses is subject to the retirement contribution
153required by subparagraph 7. Reemployment of a retired member as
154a substitute teacher, substitute residential instructor, or
155substitute nurse is limited to 780 hours during the first 12
156months of his or her retirement. Any retired member reemployed
157for more than 780 hours during the first 12 months of retirement
158shall give timely notice in writing to the employer and to the
159division of the date he or she will exceed the limitation. The
160division shall suspend his or her retirement benefits for the
161remainder of the first 12 months of retirement. Any person
162employed in violation of this subparagraph and any employing
163agency which knowingly employs or appoints such person without
164notifying the Division of Retirement to suspend retirement
165benefits shall be jointly and severally liable for reimbursement
166to the retirement trust fund of any benefits paid during the
167reemployment limitation period. To avoid liability, such
168employing agency shall have a written statement from the retiree
169that he or she is not retired from a state-administered
170retirement system. Any retirement benefits received by a retired
171member while reemployed in excess of 780 hours during the first
17212 months of retirement shall be repaid to the Retirement System
173Trust Fund, and his or her retirement benefits shall remain
174suspended until payment is made. Benefits suspended beyond the
175end of the retired member's first 12 months of retirement shall
176apply toward repayment of benefits received in violation of the
177780-hour reemployment limitation.
178     7.  The employment by an employer of any retiree or DROP
179participant of any state-administered retirement system shall
180have no effect on the average final compensation or years of
181creditable service of the retiree or DROP participant. Prior to
182July 1, 1991, upon employment of any person, other than an
183elected officer as provided in s. 121.053, who has been retired
184under any state-administered retirement program, the employer
185shall pay retirement contributions in an amount equal to the
186unfunded actuarial liability portion of the employer
187contribution which would be required for regular members of the
188Florida Retirement System. Effective July 1, 1991, contributions
189shall be made as provided in s. 121.122 for retirees with
190renewed membership or subsection (13) with respect to DROP
191participants.
192     8.  Any person who has previously retired and who is
193holding an elective public office or an appointment to an
194elective public office eligible for the Elected Officers' Class
195on or after July 1, 1990, shall be enrolled in the Florida
196Retirement System as provided in s. 121.053(1)(b) or, if holding
197an elective public office that does not qualify for the Elected
198Officers' Class on or after July 1, 1991, shall be enrolled in
199the Florida Retirement System as provided in s. 121.122, and
200shall continue to receive retirement benefits as well as
201compensation for the elected officer's service for as long as he
202or she remains in elective office. However, any retired member
203who served in an elective office prior to July 1, 1990,
204suspended his or her retirement benefit, and had his or her
205Florida Retirement System membership reinstated shall, upon
206retirement from such office, have his or her retirement benefit
207recalculated to include the additional service and compensation
208earned.
209     9.  Any person who is holding an elective public office
210which is covered by the Florida Retirement System and who is
211concurrently employed in nonelected covered employment may elect
212to retire while continuing employment in the elective public
213office, provided that he or she shall be required to terminate
214his or her nonelected covered employment. Any person who
215exercises this election shall receive his or her retirement
216benefits in addition to the compensation of the elective office
217without regard to the time limitations otherwise provided in
218this subsection. No person who seeks to exercise the provisions
219of this subparagraph, as the same existed prior to May 3, 1984,
220shall be deemed to be retired under those provisions, unless
221such person is eligible to retire under the provisions of this
222subparagraph, as amended by chapter 84-11, Laws of Florida.
223     10.  The limitations of this paragraph apply to
224reemployment in any capacity with an "employer" as defined in s.
225121.021(10), irrespective of the category of funds from which
226the person is compensated.
227     11.  An employing agency may reemploy a retired member as a
228firefighter or paramedic after the retired member has been
229retired for 1 calendar month, in accordance with s. 121.021(39).
230Any retired member who is reemployed within 1 calendar month
231after retirement shall void his or her application for
232retirement benefits. The employing agency reemploying such
233firefighter or paramedic is subject to the retired contribution
234required in subparagraph 7. 8. Reemployment of a retired
235firefighter or paramedic is limited to no more than 780 hours
236during the first 12 months of his or her retirement. Any retired
237member reemployed for more than 780 hours during the first 12
238months of retirement shall give timely notice in writing to the
239employer and to the division of the date he or she will exceed
240the limitation. The division shall suspend his or her retirement
241benefits for the remainder of the first 12 months of retirement.
242Any person employed in violation of this subparagraph and any
243employing agency which knowingly employs or appoints such person
244without notifying the Division of Retirement to suspend
245retirement benefits shall be jointly and severally liable for
246reimbursement to the Retirement System Trust Fund of any
247benefits paid during the reemployment limitation period. To
248avoid liability, such employing agency shall have a written
249statement from the retiree that he or she is not retired from a
250state-administered retirement system. Any retirement benefits
251received by a retired member while reemployed in excess of 780
252hours during the first 12 months of retirement shall be repaid
253to the Retirement System Trust Fund, and retirement benefits
254shall remain suspended until repayment is made. Benefits
255suspended beyond the end of the retired member's first 12 months
256of retirement shall apply toward repayment of benefits received
257in violation of the 780-hour reemployment limitation.
258     12.  An employing agency may reemploy a retired member as a
259law enforcement officer, correctional officer, or correctional
260probation officer only in a part-time capacity after the member
261has been retired 1 calendar month in accordance with s.
262121.021(39). Any retired member who is reemployed within 1
263calendar month after retirement shall void his or her
264application for retirement benefits. The employing agency
265reemploying such law enforcement officer, correctional officer,
266or correctional probation officer is subject to the retirement
267contributions required in subparagraph 7. Reemployment of a law
268enforcement officer, correctional officer, or correctional
269probation officer is limited to no more than 780 hours during
270the first 12 months of his or her retirement. Any retired member
271reemployed for more than 780 hours during the first 12 months of
272retirement shall give timely notice in writing to the employer
273and to the division of the date he or she will exceed the
274limitation. The division shall suspend his or her retirement
275benefits for the remainder of the first 12 months of retirement.
276Any person employed in violation of this subparagraph and any
277employing agency which knowingly employs or appoints such person
278without notifying the Division of Retirement to suspend
279retirement benefits shall be jointly and severally liable for
280reimbursement to the Retirement System Trust Fund of any
281benefits paid during the reemployment limitation period. To
282avoid liability, such employing agency shall have a written
283statement from the retiree that he or she is not retired from a
284state-administered retirement system. Any retirement benefits
285received by a retired member while reemployed in excess of 780
286hours during the first 12 months of retirement shall be repaid
287to the Retirement System Trust Fund, and retirement benefits
288shall remain suspended until repayment is made. Benefits
289suspended beyond the end of the retired member's first 12 months
290of retirement shall apply toward repayment of benefits received
291in violation of the 780-hour reemployment limitation. Nothing in
292this subparagraph shall preclude an employing agency from
293reemploying a retired member in a full-time capacity after the
294member's first 12 months of retirement.
295     Section 2.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.