HB 1337

1
A bill to be entitled
2An act relating to retirement; amending s. 121.091, F.S.;
3prohibiting previously retired persons elected to public
4office or appointed to an elective public office from
5receiving retirement benefits until after termination of
6such service; providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Paragraph (b) of subsection (9) of section
11121.091, Florida Statutes, is amended to read:
12     121.091  Benefits payable under the system.--Benefits may
13not be paid under this section unless the member has terminated
14employment as provided in s. 121.021(39)(a) or begun
15participation in the Deferred Retirement Option Program as
16provided in subsection (13), and a proper application has been
17filed in the manner prescribed by the department. The department
18may cancel an application for retirement benefits when the
19member or beneficiary fails to timely provide the information
20and documents required by this chapter and the department's
21rules. The department shall adopt rules establishing procedures
22for application for retirement benefits and for the cancellation
23of such application when the required information or documents
24are not received.
25     (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
26     (b)1.  Any person who is retired under this chapter, except
27under the disability retirement provisions of subsection (4),
28may be reemployed by any private or public employer after
29retirement and receive retirement benefits and compensation from
30his or her employer without any limitations, except that a
31person may not receive both a salary from reemployment with any
32agency participating in the Florida Retirement System and
33retirement benefits under this chapter for a period of 12 months
34immediately subsequent to the date of retirement. However, a
35DROP participant shall continue employment and receive a salary
36during the period of participation in the Deferred Retirement
37Option Program, as provided in subsection (13).
38     2.  Any person to whom the limitation in subparagraph 1.
39applies who violates such reemployment limitation and who is
40reemployed with any agency participating in the Florida
41Retirement System before completion of the 12-month limitation
42period shall give timely notice of this fact in writing to the
43employer and to the division and shall have his or her
44retirement benefits suspended for the balance of the 12-month
45limitation period. Any person employed in violation of this
46paragraph and any employing agency which knowingly employs or
47appoints such person without notifying the Division of
48Retirement to suspend retirement benefits shall be jointly and
49severally liable for reimbursement to the retirement trust fund
50of any benefits paid during the reemployment limitation period.
51To avoid liability, such employing agency shall have a written
52statement from the retiree that he or she is not retired from a
53state-administered retirement system. Any retirement benefits
54received while reemployed during this reemployment limitation
55period shall be repaid to the retirement trust fund, and
56retirement benefits shall remain suspended until such repayment
57has been made. Benefits suspended beyond the reemployment
58limitation shall apply toward repayment of benefits received in
59violation of the reemployment limitation.
60     3.  A district school board may reemploy a retired member
61as a substitute or hourly teacher, education paraprofessional,
62transportation assistant, bus driver, or food service worker on
63a noncontractual basis after he or she has been retired for 1
64calendar month, in accordance with s. 121.021(39). A district
65school board may reemploy a retired member as instructional
66personnel, as defined in s. 1012.01(2)(a), on an annual
67contractual basis after he or she has been retired for 1
68calendar month, in accordance with s. 121.021(39). Any other
69retired member who is reemployed within 1 calendar month after
70retirement shall void his or her application for retirement
71benefits. District school boards reemploying such teachers,
72education paraprofessionals, transportation assistants, bus
73drivers, or food service workers are subject to the retirement
74contribution required by subparagraph 7.
75     4.  A community college board of trustees may reemploy a
76retired member as an adjunct instructor, that is, an instructor
77who is noncontractual and part-time, or as a participant in a
78phased retirement program within the Florida Community College
79System, after he or she has been retired for 1 calendar month,
80in accordance with s. 121.021(39). Any retired member who is
81reemployed within 1 calendar month after retirement shall void
82his or her application for retirement benefits. Boards of
83trustees reemploying such instructors are subject to the
84retirement contribution required in subparagraph 7. A retired
85member may be reemployed as an adjunct instructor for no more
86than 780 hours during the first 12 months of retirement. Any
87retired member reemployed for more than 780 hours during the
88first 12 months of retirement shall give timely notice in
89writing to the employer and to the division of the date he or
90she will exceed the limitation. The division shall suspend his
91or her retirement benefits for the remainder of the first 12
92months of retirement. Any person employed in violation of this
93subparagraph and any employing agency which knowingly employs or
94appoints such person without notifying the Division of
95Retirement to suspend retirement benefits shall be jointly and
96severally liable for reimbursement to the retirement trust fund
97of any benefits paid during the reemployment limitation period.
98To avoid liability, such employing agency shall have a written
99statement from the retiree that he or she is not retired from a
100state-administered retirement system. Any retirement benefits
101received by a retired member while reemployed in excess of 780
102hours during the first 12 months of retirement shall be repaid
103to the Retirement System Trust Fund, and retirement benefits
104shall remain suspended until repayment is made. Benefits
105suspended beyond the end of the retired member's first 12 months
106of retirement shall apply toward repayment of benefits received
107in violation of the 780-hour reemployment limitation.
108     5.  The State University System may reemploy a retired
109member as an adjunct faculty member or as a participant in a
110phased retirement program within the State University System
111after the retired member has been retired for 1 calendar month,
112in accordance with s. 121.021(39). Any retired member who is
113reemployed within 1 calendar month after retirement shall void
114his or her application for retirement benefits. The State
115University System is subject to the retired contribution
116required in subparagraph 7., as appropriate. A retired member
117may be reemployed as an adjunct faculty member or a participant
118in a phased retirement program for no more than 780 hours during
119the first 12 months of his or her retirement. Any retired member
120reemployed for more than 780 hours during the first 12 months of
121retirement shall give timely notice in writing to the employer
122and to the division of the date he or she will exceed the
123limitation. The division shall suspend his or her retirement
124benefits for the remainder of the first 12 months of retirement.
125Any person employed in violation of this subparagraph and any
126employing agency which knowingly employs or appoints such person
127without notifying the Division of Retirement to suspend
128retirement benefits shall be jointly and severally liable for
129reimbursement to the retirement trust fund of any benefits paid
130during the reemployment limitation period. To avoid liability,
131such employing agency shall have a written statement from the
132retiree that he or she is not retired from a state-administered
133retirement system. Any retirement benefits received by a retired
134member while reemployed in excess of 780 hours during the first
13512 months of retirement shall be repaid to the Retirement System
136Trust Fund, and retirement benefits shall remain suspended until
137repayment is made. Benefits suspended beyond the end of the
138retired member's first 12 months of retirement shall apply
139toward repayment of benefits received in violation of the 780-
140hour reemployment limitation.
141     6.  The Board of Trustees of the Florida School for the
142Deaf and the Blind may reemploy a retired member as a substitute
143teacher, substitute residential instructor, or substitute nurse
144on a noncontractual basis after he or she has been retired for 1
145calendar month, in accordance with s. 121.021(39). Any retired
146member who is reemployed within 1 calendar month after
147retirement shall void his or her application for retirement
148benefits. The Board of Trustees of the Florida School for the
149Deaf and the Blind reemploying such teachers, residential
150instructors, or nurses is subject to the retirement contribution
151required by subparagraph 7. Reemployment of a retired member as
152a substitute teacher, substitute residential instructor, or
153substitute nurse is limited to 780 hours during the first 12
154months of his or her retirement. Any retired member reemployed
155for more than 780 hours during the first 12 months of retirement
156shall give timely notice in writing to the employer and to the
157division of the date he or she will exceed the limitation. The
158division shall suspend his or her retirement benefits for the
159remainder of the first 12 months of retirement. Any person
160employed in violation of this subparagraph and any employing
161agency which knowingly employs or appoints such person without
162notifying the Division of Retirement to suspend retirement
163benefits shall be jointly and severally liable for reimbursement
164to the retirement trust fund of any benefits paid during the
165reemployment limitation period. To avoid liability, such
166employing agency shall have a written statement from the retiree
167that he or she is not retired from a state-administered
168retirement system. Any retirement benefits received by a retired
169member while reemployed in excess of 780 hours during the first
17012 months of retirement shall be repaid to the Retirement System
171Trust Fund, and his or her retirement benefits shall remain
172suspended until payment is made. Benefits suspended beyond the
173end of the retired member's first 12 months of retirement shall
174apply toward repayment of benefits received in violation of the
175780-hour reemployment limitation.
176     7.  The employment by an employer of any retiree or DROP
177participant of any state-administered retirement system shall
178have no effect on the average final compensation or years of
179creditable service of the retiree or DROP participant. Prior to
180July 1, 1991, upon employment of any person, other than an
181elected officer as provided in s. 121.053, who has been retired
182under any state-administered retirement program, the employer
183shall pay retirement contributions in an amount equal to the
184unfunded actuarial liability portion of the employer
185contribution which would be required for regular members of the
186Florida Retirement System. Effective July 1, 1991, contributions
187shall be made as provided in s. 121.122 for retirees with
188renewed membership or subsection (13) with respect to DROP
189participants.
190     8.  Any person who has previously retired and who is
191holding an elective public office or an appointment to an
192elective public office eligible for the Elected Officers' Class
193on or after July 1, 1990, shall be enrolled in the Florida
194Retirement System as provided in s. 121.053(1)(b) or, if holding
195an elective public office that does not qualify for the Elected
196Officers' Class on or after July 1, 1991, shall be enrolled in
197the Florida Retirement System as provided in s. 121.122, and
198shall continue to receive retirement benefits as well as
199compensation for the elected officer's service for as long as he
200or she remains in elective office. Notwithstanding subparagraph
2011., any previously retired person holding an elective public
202office or appointed to an elective public office is not eligible
203to receive retirement benefits until after he or she terminates
204such service, at which point such suspension of retirement
205benefits shall end and he or she shall have his or her
206retirement benefit recalculated to include the additional
207service and compensation earned. However, any retired member who
208served in an elective office prior to July 1, 1990, suspended
209his or her retirement benefit, and had his or her Florida
210Retirement System membership reinstated shall, upon retirement
211from such office, have his or her retirement benefit
212recalculated to include the additional service and compensation
213earned.
214     9.  Any person who is holding an elective public office
215which is covered by the Florida Retirement System and who is
216concurrently employed in nonelected covered employment may elect
217to retire while continuing employment in the elective public
218office, provided that he or she shall be required to terminate
219his or her nonelected covered employment. Any person who
220exercises this election shall receive his or her retirement
221benefits in addition to the compensation of the elective office
222without regard to the time limitations otherwise provided in
223this subsection and shall receive his or her retirement benefits
224as provided in subparagraph 8. No person who seeks to exercise
225the provisions of this subparagraph, as the same existed prior
226to May 3, 1984, shall be deemed to be retired under those
227provisions, unless such person is eligible to retire under the
228provisions of this subparagraph, as amended by chapter 84-11,
229Laws of Florida.
230     10.  The limitations of this paragraph apply to
231reemployment in any capacity with an "employer" as defined in s.
232121.021(10), irrespective of the category of funds from which
233the person is compensated.
234     11.  An employing agency may reemploy a retired member as a
235firefighter or paramedic after the retired member has been
236retired for 1 calendar month, in accordance with s. 121.021(39).
237Any retired member who is reemployed within 1 calendar month
238after retirement shall void his or her application for
239retirement benefits. The employing agency reemploying such
240firefighter or paramedic is subject to the retired contribution
241required in subparagraph 8. Reemployment of a retired
242firefighter or paramedic is limited to no more than 780 hours
243during the first 12 months of his or her retirement. Any retired
244member reemployed for more than 780 hours during the first 12
245months of retirement shall give timely notice in writing to the
246employer and to the division of the date he or she will exceed
247the limitation. The division shall suspend his or her retirement
248benefits for the remainder of the first 12 months of retirement.
249Any person employed in violation of this subparagraph and any
250employing agency which knowingly employs or appoints such person
251without notifying the Division of Retirement to suspend
252retirement benefits shall be jointly and severally liable for
253reimbursement to the Retirement System Trust Fund of any
254benefits paid during the reemployment limitation period. To
255avoid liability, such employing agency shall have a written
256statement from the retiree that he or she is not retired from a
257state-administered retirement system. Any retirement benefits
258received by a retired member while reemployed in excess of 780
259hours during the first 12 months of retirement shall be repaid
260to the Retirement System Trust Fund, and retirement benefits
261shall remain suspended until repayment is made. Benefits
262suspended beyond the end of the retired member's first 12 months
263of retirement shall apply toward repayment of benefits received
264in violation of the 780-hour reemployment limitation.
265     Section 2.  This act shall take effect July 1, 2008.


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