| 1 | The PreK-12 Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to public school employment; amending s. |
| 7 | 121.091, F.S.; authorizing district school boards and the |
| 8 | Board of Trustees of the Florida School for the Deaf and |
| 9 | the Blind to reemploy retired members of the Florida |
| 10 | Retirement System as administrative personnel; providing a |
| 11 | contingent effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Paragraph (b) of subsection (9) of section |
| 16 | 121.091, Florida Statutes, is amended to read: |
| 17 | 121.091 Benefits payable under the system.--Benefits may |
| 18 | not be paid under this section unless the member has terminated |
| 19 | employment as provided in s. 121.021(39)(a) or begun |
| 20 | participation in the Deferred Retirement Option Program as |
| 21 | provided in subsection (13), and a proper application has been |
| 22 | filed in the manner prescribed by the department. The department |
| 23 | may cancel an application for retirement benefits when the |
| 24 | member or beneficiary fails to timely provide the information |
| 25 | and documents required by this chapter and the department's |
| 26 | rules. The department shall adopt rules establishing procedures |
| 27 | for application for retirement benefits and for the cancellation |
| 28 | of such application when the required information or documents |
| 29 | are not received. |
| 30 | (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.-- |
| 31 | (b)1. Any person who is retired under this chapter, except |
| 32 | under the disability retirement provisions of subsection (4), |
| 33 | may be reemployed by any private or public employer after |
| 34 | retirement and receive retirement benefits and compensation from |
| 35 | his or her employer without any limitations, except that a |
| 36 | person may not receive both a salary from reemployment with any |
| 37 | agency participating in the Florida Retirement System and |
| 38 | retirement benefits under this chapter for a period of 12 months |
| 39 | immediately subsequent to the date of retirement. However, a |
| 40 | DROP participant shall continue employment and receive a salary |
| 41 | during the period of participation in the Deferred Retirement |
| 42 | Option Program, as provided in subsection (13). |
| 43 | 2. Any person to whom the limitation in subparagraph 1. |
| 44 | applies who violates such reemployment limitation and who is |
| 45 | reemployed with any agency participating in the Florida |
| 46 | Retirement System before completion of the 12-month limitation |
| 47 | period shall give timely notice of this fact in writing to the |
| 48 | employer and to the division and shall have his or her |
| 49 | retirement benefits suspended for the balance of the 12-month |
| 50 | limitation period. Any person employed in violation of this |
| 51 | paragraph and any employing agency which knowingly employs or |
| 52 | appoints such person without notifying the Division of |
| 53 | Retirement to suspend retirement benefits shall be jointly and |
| 54 | severally liable for reimbursement to the retirement trust fund |
| 55 | of any benefits paid during the reemployment limitation period. |
| 56 | To avoid liability, such employing agency shall have a written |
| 57 | statement from the retiree that he or she is not retired from a |
| 58 | state-administered retirement system. Any retirement benefits |
| 59 | received while reemployed during this reemployment limitation |
| 60 | period shall be repaid to the retirement trust fund, and |
| 61 | retirement benefits shall remain suspended until such repayment |
| 62 | has been made. Benefits suspended beyond the reemployment |
| 63 | limitation shall apply toward repayment of benefits received in |
| 64 | violation of the reemployment limitation. |
| 65 | 3. A district school board may reemploy a retired member |
| 66 | as a substitute or hourly teacher, education paraprofessional, |
| 67 | transportation assistant, bus driver, or food service worker on |
| 68 | a noncontractual basis after he or she has been retired for 1 |
| 69 | calendar month, in accordance with s. 121.021(39). A district |
| 70 | school board may reemploy a retired member as instructional |
| 71 | personnel, as defined in s. 1012.01(2)(a), or as administrative |
| 72 | personnel, as defined in s. 1012.01(3), on an annual contractual |
| 73 | basis after he or she has been retired for 1 calendar month, in |
| 74 | accordance with s. 121.021(39). Any other retired member who is |
| 75 | reemployed within 1 calendar month after retirement shall void |
| 76 | his or her application for retirement benefits. District school |
| 77 | boards reemploying retirees in positions specified in this |
| 78 | subparagraph such teachers, education paraprofessionals, |
| 79 | transportation assistants, bus drivers, or food service workers |
| 80 | are subject to the retirement contribution required by |
| 81 | subparagraph 7. |
| 82 | 4. A community college board of trustees may reemploy a |
| 83 | retired member as an adjunct instructor, that is, an instructor |
| 84 | who is noncontractual and part-time, or as a participant in a |
| 85 | phased retirement program within the Florida Community College |
| 86 | System, after he or she has been retired for 1 calendar month, |
| 87 | in accordance with s. 121.021(39). Any retired member who is |
| 88 | reemployed within 1 calendar month after retirement shall void |
| 89 | his or her application for retirement benefits. Boards of |
| 90 | trustees reemploying such instructors are subject to the |
| 91 | retirement contribution required in subparagraph 7. A retired |
| 92 | member may be reemployed as an adjunct instructor for no more |
| 93 | than 780 hours during the first 12 months of retirement. Any |
| 94 | retired member reemployed for more than 780 hours during the |
| 95 | first 12 months of retirement shall give timely notice in |
| 96 | writing to the employer and to the division of the date he or |
| 97 | she will exceed the limitation. The division shall suspend his |
| 98 | or her retirement benefits for the remainder of the first 12 |
| 99 | months of retirement. Any person employed in violation of this |
| 100 | subparagraph and any employing agency which knowingly employs or |
| 101 | appoints such person without notifying the Division of |
| 102 | Retirement to suspend retirement benefits shall be jointly and |
| 103 | severally liable for reimbursement to the retirement trust fund |
| 104 | of any benefits paid during the reemployment limitation period. |
| 105 | To avoid liability, such employing agency shall have a written |
| 106 | statement from the retiree that he or she is not retired from a |
| 107 | state-administered retirement system. Any retirement benefits |
| 108 | received by a retired member while reemployed in excess of 780 |
| 109 | hours during the first 12 months of retirement shall be repaid |
| 110 | to the Retirement System Trust Fund, and retirement benefits |
| 111 | shall remain suspended until repayment is made. Benefits |
| 112 | suspended beyond the end of the retired member's first 12 months |
| 113 | of retirement shall apply toward repayment of benefits received |
| 114 | in violation of the 780-hour reemployment limitation. |
| 115 | 5. The State University System may reemploy a retired |
| 116 | member as an adjunct faculty member or as a participant in a |
| 117 | phased retirement program within the State University System |
| 118 | after the retired member has been retired for 1 calendar month, |
| 119 | in accordance with s. 121.021(39). Any retired member who is |
| 120 | reemployed within 1 calendar month after retirement shall void |
| 121 | his or her application for retirement benefits. The State |
| 122 | University System is subject to the retired contribution |
| 123 | required in subparagraph 7., as appropriate. A retired member |
| 124 | may be reemployed as an adjunct faculty member or a participant |
| 125 | in a phased retirement program for no more than 780 hours during |
| 126 | the first 12 months of his or her retirement. Any retired member |
| 127 | reemployed for more than 780 hours during the first 12 months of |
| 128 | retirement shall give timely notice in writing to the employer |
| 129 | and to the division of the date he or she will exceed the |
| 130 | limitation. The division shall suspend his or her retirement |
| 131 | benefits for the remainder of the first 12 months of retirement. |
| 132 | Any person employed in violation of this subparagraph and any |
| 133 | employing agency which knowingly employs or appoints such person |
| 134 | without notifying the Division of Retirement to suspend |
| 135 | retirement benefits shall be jointly and severally liable for |
| 136 | reimbursement to the retirement trust fund of any benefits paid |
| 137 | during the reemployment limitation period. To avoid liability, |
| 138 | such employing agency shall have a written statement from the |
| 139 | retiree that he or she is not retired from a state-administered |
| 140 | retirement system. Any retirement benefits received by a retired |
| 141 | member while reemployed in excess of 780 hours during the first |
| 142 | 12 months of retirement shall be repaid to the Retirement System |
| 143 | Trust Fund, and retirement benefits shall remain suspended until |
| 144 | repayment is made. Benefits suspended beyond the end of the |
| 145 | retired member's first 12 months of retirement shall apply |
| 146 | toward repayment of benefits received in violation of the 780- |
| 147 | hour reemployment limitation. |
| 148 | 6. The Board of Trustees of the Florida School for the |
| 149 | Deaf and the Blind may reemploy a retired member as a substitute |
| 150 | teacher, substitute residential instructor, or substitute nurse |
| 151 | on a noncontractual basis after he or she has been retired for 1 |
| 152 | calendar month, in accordance with s. 121.021(39). The Board of |
| 153 | Trustees of the Florida School for the Deaf and the Blind may |
| 154 | reemploy a retired member as administrative personnel, as |
| 155 | defined in s. 1012.01(3), on an annual contractual basis after |
| 156 | he or she has been retired for 1 calendar month, in accordance |
| 157 | with s. 121.021(39). Any retired member who is reemployed within |
| 158 | 1 calendar month after retirement shall void his or her |
| 159 | application for retirement benefits. The Board of Trustees of |
| 160 | the Florida School for the Deaf and the Blind reemploying |
| 161 | retirees in positions specified in this subparagraph such |
| 162 | teachers, residential instructors, or nurses is subject to the |
| 163 | retirement contribution required by subparagraph 7. Reemployment |
| 164 | of a retired member as a substitute teacher, substitute |
| 165 | residential instructor, or substitute nurse is limited to 780 |
| 166 | hours during the first 12 months of his or her retirement. Any |
| 167 | retired member reemployed for more than 780 hours during the |
| 168 | first 12 months of retirement shall give timely notice in |
| 169 | writing to the employer and to the division of the date he or |
| 170 | she will exceed the limitation. The division shall suspend his |
| 171 | or her retirement benefits for the remainder of the first 12 |
| 172 | months of retirement. Any person employed in violation of this |
| 173 | subparagraph and any employing agency which knowingly employs or |
| 174 | appoints such person without notifying the Division of |
| 175 | Retirement to suspend retirement benefits shall be jointly and |
| 176 | severally liable for reimbursement to the retirement trust fund |
| 177 | of any benefits paid during the reemployment limitation period. |
| 178 | To avoid liability, such employing agency shall have a written |
| 179 | statement from the retiree that he or she is not retired from a |
| 180 | state-administered retirement system. Any retirement benefits |
| 181 | received by a retired member while reemployed in excess of 780 |
| 182 | hours during the first 12 months of retirement shall be repaid |
| 183 | to the Retirement System Trust Fund, and his or her retirement |
| 184 | benefits shall remain suspended until payment is made. Benefits |
| 185 | suspended beyond the end of the retired member's first 12 months |
| 186 | of retirement shall apply toward repayment of benefits received |
| 187 | in violation of the 780-hour reemployment limitation. |
| 188 | 7. The employment by an employer of any retiree or DROP |
| 189 | participant of any state-administered retirement system shall |
| 190 | have no effect on the average final compensation or years of |
| 191 | creditable service of the retiree or DROP participant. Prior to |
| 192 | July 1, 1991, upon employment of any person, other than an |
| 193 | elected officer as provided in s. 121.053, who has been retired |
| 194 | under any state-administered retirement program, the employer |
| 195 | shall pay retirement contributions in an amount equal to the |
| 196 | unfunded actuarial liability portion of the employer |
| 197 | contribution which would be required for regular members of the |
| 198 | Florida Retirement System. Effective July 1, 1991, contributions |
| 199 | shall be made as provided in s. 121.122 for retirees with |
| 200 | renewed membership or subsection (13) with respect to DROP |
| 201 | participants. |
| 202 | 8. Any person who has previously retired and who is |
| 203 | holding an elective public office or an appointment to an |
| 204 | elective public office eligible for the Elected Officers' Class |
| 205 | on or after July 1, 1990, shall be enrolled in the Florida |
| 206 | Retirement System as provided in s. 121.053(1)(b) or, if holding |
| 207 | an elective public office that does not qualify for the Elected |
| 208 | Officers' Class on or after July 1, 1991, shall be enrolled in |
| 209 | the Florida Retirement System as provided in s. 121.122, and |
| 210 | shall continue to receive retirement benefits as well as |
| 211 | compensation for the elected officer's service for as long as he |
| 212 | or she remains in elective office. However, any retired member |
| 213 | who served in an elective office prior to July 1, 1990, |
| 214 | suspended his or her retirement benefit, and had his or her |
| 215 | Florida Retirement System membership reinstated shall, upon |
| 216 | retirement from such office, have his or her retirement benefit |
| 217 | recalculated to include the additional service and compensation |
| 218 | earned. |
| 219 | 9. Any person who is holding an elective public office |
| 220 | which is covered by the Florida Retirement System and who is |
| 221 | concurrently employed in nonelected covered employment may elect |
| 222 | to retire while continuing employment in the elective public |
| 223 | office, provided that he or she shall be required to terminate |
| 224 | his or her nonelected covered employment. Any person who |
| 225 | exercises this election shall receive his or her retirement |
| 226 | benefits in addition to the compensation of the elective office |
| 227 | without regard to the time limitations otherwise provided in |
| 228 | this subsection. No person who seeks to exercise the provisions |
| 229 | of this subparagraph, as the same existed prior to May 3, 1984, |
| 230 | shall be deemed to be retired under those provisions, unless |
| 231 | such person is eligible to retire under the provisions of this |
| 232 | subparagraph, as amended by chapter 84-11, Laws of Florida. |
| 233 | 10. The limitations of this paragraph apply to |
| 234 | reemployment in any capacity with an "employer" as defined in s. |
| 235 | 121.021(10), irrespective of the category of funds from which |
| 236 | the person is compensated. |
| 237 | 11. An employing agency may reemploy a retired member as a |
| 238 | firefighter or paramedic after the retired member has been |
| 239 | retired for 1 calendar month, in accordance with s. 121.021(39). |
| 240 | Any retired member who is reemployed within 1 calendar month |
| 241 | after retirement shall void his or her application for |
| 242 | retirement benefits. The employing agency reemploying such |
| 243 | firefighter or paramedic is subject to the retired contribution |
| 244 | required in subparagraph 8. Reemployment of a retired |
| 245 | firefighter or paramedic is limited to no more than 780 hours |
| 246 | during the first 12 months of his or her retirement. Any retired |
| 247 | member reemployed for more than 780 hours during the first 12 |
| 248 | months of retirement shall give timely notice in writing to the |
| 249 | employer and to the division of the date he or she will exceed |
| 250 | the limitation. The division shall suspend his or her retirement |
| 251 | benefits for the remainder of the first 12 months of retirement. |
| 252 | Any person employed in violation of this subparagraph and any |
| 253 | employing agency which knowingly employs or appoints such person |
| 254 | without notifying the Division of Retirement to suspend |
| 255 | retirement benefits shall be jointly and severally liable for |
| 256 | reimbursement to the Retirement System Trust Fund of any |
| 257 | benefits paid during the reemployment limitation period. To |
| 258 | avoid liability, such employing agency shall have a written |
| 259 | statement from the retiree that he or she is not retired from a |
| 260 | state-administered retirement system. Any retirement benefits |
| 261 | received by a retired member while reemployed in excess of 780 |
| 262 | hours during the first 12 months of retirement shall be repaid |
| 263 | to the Retirement System Trust Fund, and retirement benefits |
| 264 | shall remain suspended until repayment is made. Benefits |
| 265 | suspended beyond the end of the retired member's first 12 months |
| 266 | of retirement shall apply toward repayment of benefits received |
| 267 | in violation of the 780-hour reemployment limitation. |
| 268 | Section 2. This act shall take effect July 1, 2006, if |
| 269 | House Joint Resolution 447 or similar legislation is adopted in |
| 270 | the same legislative session or an extension thereof. |