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Senator Fasano moved the following amendment:

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     Senate Amendment (with directory and title amendments)

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     Between line(s) 53 and 54,

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insert:

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     (39)(a)  "Termination" occurs, except as provided in

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paragraph (b), when:

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     1. For retirements effective before January 1, 2009, a

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member ceases all employment relationships with employers under

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this system, as defined in subsection (10), but in the event a

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member should be employed by any such employer within the next

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calendar month, termination shall be deemed not to have occurred.

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A leave of absence shall constitute a continuation of the

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employment relationship, except that a leave of absence without

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pay due to disability may constitute termination for a member, if

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such member makes application for and is approved for disability

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retirement in accordance with s. 121.091(4). The department or

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board may require other evidence of termination as it deems

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necessary.

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     2. For retirements effective on or after January 1, 2009, a

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member ceases all employment relationships with employers under

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this system, as defined in subsection (10), but in the event a

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member should be employed by any such employer within the next 12

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calendar months, termination shall be deemed not to have

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occurred. A leave of absence shall constitute a continuation of

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the employment relationship, except that a leave of absence

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without pay due to disability may constitute termination for a

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member, if such member makes application for and is approved for

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disability retirement in accordance with s. 121.091(4). The

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department or board may require other evidence of termination as

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it deems necessary.

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     (b)  "Termination" for a member electing to participate

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under the Deferred Retirement Option Program occurs when the

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Deferred Retirement Option Program participant ceases all

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employment relationships with employers under this system in

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accordance with s. 121.091(13), but:

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     1. For DROP termination dates before January 1, 2009, in

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the event the Deferred Retirement Option Program participant

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should be employed by any such employer within the next calendar

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month, termination will be deemed not to have occurred, except as

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provided in s. 121.091(13)(b)4.c. A leave of absence shall

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constitute a continuation of the employment relationship.

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     2. For DROP termination dates on or after January 1, 2009,

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in the event the DROP participant should be employed by any such

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employer within the next 12 calendar months, termination will be

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deemed not to have occurred, except as provided in s.

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121.091(13)(b)4.c. A leave of absence shall constitute a

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continuation of the employment relationship.

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====== D I R E C T O R Y  C L A U S E  A M E N D M E N T =====

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And the directory clause is amended as follows:

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     Delete line(s) 34-35

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and insert:

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     Section 1.  Paragraph (b) of subsection (22) and subsection

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(39) of section 121.021, Florida Statutes, are amended to read:

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 3-10

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and insert:

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redefining the terms "compensation" and "termination";

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amending s. 121.051, F.S.; requiring that a person

4/23/2008  6:07:00 PM     11-08506-08