Amendment
Bill No. CS/CS/SB 2848

Amendment No. 197813

CHAMBER ACTION
Senate		House
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1	Representative Schenck offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Subsections (10), (11), (18), paragraph (b) of
6	subsection (22), and subsections (29), (39), (52), and (53) of
7	section 121.021, Florida Statutes, are amended, and subsections
8	(63) and (64) are added to that section, to read:
9	121.021  Definitions.--The following words and phrases as
10	used in this chapter have the respective meanings set forth
11	unless a different meaning is plainly required by the context:
12	(10)  "Employer" means any agency, branch, department,
13	institution, university, institution of higher education, or
14	board of the state, or any county agency, branch, department,
15	board, district school board, or special district of the state,
16	or any city of the state which participates in the system for
17	the benefit of certain of its employees, or a charter school or
18	charter technical career center that participates as provided in
19	s. 121.051(2)(d). Employers are not agents of the department,
20	the state board, or the Division of Retirement, and the
21	department, the state board, and the division are not
22	responsible for erroneous information provided by
23	representatives of employers.
24	(11)  "Officer or employee" means any person receiving
25	salary payments for work performed in a regularly established
26	position and, if employed by a city, a metropolitan planning
27	organization, or a special district, employed in a covered
28	group. The term does not apply to:
29	(a)  State employees covered by a leasing agreement under
30	s. 110.191, other public employees covered by a leasing
31	agreement, or to a co-employer relationship.
32	(b)  A person who is an inmate or prisoner at the time the
33	work is performed.
34	(18)  "Past service" of any member, as provided in s.
35	121.081(1), means the number of years and complete months and
36	any fractional part of a month, recognized and credited by an
37	employer and approved by the administrator, during which the
38	member was in the active employ of a governmental an employer
39	and for which the employee is not entitled to a benefit prior to
40	his or her date of participation.
41	(22)  "Compensation" means the monthly salary paid a member
42	by his or her employer for work performed arising from that
43	employment.
44	(b)  Under no circumstances shall compensation for a member
45	participating in the defined benefit retirement program or the
46	Public Employee Optional Retirement Program of the Florida
47	Retirement System include:
48	1.  Fees paid professional persons for special or
49	particular services or include salary payments made from a
50	faculty practice plan authorized by the Board of Governors of
51	the State University System for eligible clinical faculty at a
52	college in a state university that has with a faculty practice
53	plan; or
54	2.  Any Bonuses or other payments prohibited from inclusion
55	in the member's average final compensation and defined in
56	subsection (47); or.
57	3. Payment for work given to a person who is an inmate or
58	prisoner at the time the work is performed.
59	(29)  "Normal retirement date" means the first day of any
60	month following the date a member attains normal retirement age
61	and is vested, which is determined as follows one of the
62	following statuses:
63	(a)  If a Regular Class member, the member:
64	1.  The first day of the month the member completes 6 or
65	more years of creditable service and attains age 62; or
66	2.  The first day of the month following the date the
67	member completes 30 years of creditable service, regardless of
68	age, which may include a maximum of 4 years of military service
69	credit as long as such credit is not claimed under any other
70	system.
71	(b)  If a Special Risk Class member, the member:
72	1.  The first day of the month the member completes 6 or
73	more years of creditable service in the Special Risk Class and
74	attains age 55;
75	2.  The first day of the month following the date the
76	member completes 25 years of creditable service in the Special
77	Risk Class, regardless of age; or
78	3.  The first day of the month following the date the
79	member completes 25 years of creditable service and attains age
80	52, which service may include a maximum of 4 years of military
81	service credit as long as such credit is not claimed under any
82	other system and the remaining years are in the Special Risk
83	Class.
84	(c)  If a Senior Management Service Class member, the
85	member:
86	1.  The first day of the month the member completes 6 years
87	of creditable service in the Senior Management Service Class and
88	attains age 62; or
89	2.  The first day of the month following the date the
90	member completes 30 years of any creditable service, regardless
91	of age, which may include a maximum of 4 years of military
92	service credit as long as such credit is not claimed under any
93	other system.
94	(d)  If an Elected Officers' Class member, the member:
95	1.  The first day of the month the member completes 6 years
96	of creditable service in the Elected Officers' Class and attains
97	age 62; or
98	2.  The first day of the month following the date the
99	member completes 30 years of any creditable service, regardless
100	of age, which may include a maximum of 4 years of military
101	service credit as long as such credit is not claimed under any
102	other system.
103
104	"Normal retirement age" is attained on the "normal retirement
105	date."
106	(39)(a)  "Termination" occurs, except as provided in
107	paragraph (b), when:
108	1.  For retirements effective before January 1, 2009, a
109	member ceases all employment relationships with employers under
110	this system, as defined in subsection (10), but in the event a
111	member should be employed by any such employer within the next
112	calendar month, termination shall be deemed not to have
113	occurred. A leave of absence shall constitute a continuation of
114	the employment relationship, except that a leave of absence
115	without pay due to disability may constitute termination for a
116	member, if such member makes application for and is approved for
117	disability retirement in accordance with s. 121.091(4). The
118	department or board may require other evidence of termination as
119	it deems necessary.
120	2.  For retirements effective on or after January 1, 2009,
121	a member ceases all employment relationships with employers
122	under this system, as defined in subsection (10), but in the
123	event a member should be employed by any such employer within
124	the next 12 calendar months, termination shall be deemed not to
125	have occurred. A leave of absence shall constitute a
126	continuation of the employment relationship, except that a leave
127	of absence without pay due to disability may constitute
128	termination for a member, if such member makes application for
129	and is approved for disability retirement in accordance with s.
130	121.091(4). The department or board may require other evidence
131	of termination as it deems necessary.
132	(b)  "Termination" for a member electing to participate
133	under the Deferred Retirement Option Program occurs when the
134	Deferred Retirement Option Program participant ceases all
135	employment relationships with employers under this system in
136	accordance with s. 121.091(13), but:
137	1.  For DROP termination dates before January 1, 2009, in
138	the event the Deferred Retirement Option Program participant
139	should be employed by any such employer within the next calendar
140	month, termination will be deemed not to have occurred, except
141	as provided in s. 121.091(13)(b)4.c. A leave of absence shall
142	constitute a continuation of the employment relationship.
143	2.  For DROP termination dates on or after January 1, 2009,
144	in the event the DROP participant should be employed by any such
145	employer within the next 12 calendar months, termination will be
146	deemed not to have occurred, except as provided in s.
147	121.091(13)(b)4.c. A leave of absence shall constitute a
148	continuation of the employment relationship.
149	(52)  "Regularly established position" is defined as
150	follows:
151	(a)  With respect to employment for In a state employer
152	agency, the term means a position that which is authorized and
153	established pursuant to law and is compensated from a salaries
154	appropriation pursuant to s. 216.011(1)(dd), or an established
155	position which is authorized pursuant to s. 216.262(1)(a) and
156	(b) and is compensated from a salaries account as provided by
157	rule.
158	(b)  With respect to employment for In a local employer
159	agency (district school board, county agency, community college,
160	city, metropolitan planning organization, or special district),
161	the term means a regularly established position that which will
162	be in existence for a period beyond 6 consecutive months, except
163	as provided by rule.
164	(53)  "Temporary position" is defined as follows:
165	(a)  With respect to employment for In a state employer
166	agency, the term means an employment position that which is
167	compensated from an other personal services (OPS) account, as
168	provided for in s. 216.011(1)(dd).
169	(b)  With respect to employment for In a local employer
170	agency, the term means an employment position that which will
171	exist for less than 6 consecutive months, or other employment
172	position as determined by rule of the division, regardless of
173	whether it will exist for 6 consecutive months or longer.
174	(63)  "State board" or "board" means the State Board of
175	Administration.
176	(64)  "Trustees" means the Board of Trustees of the State
177	Board of Administration.
178	Section 2.  Subsection (6) is added to section 121.031,
179	Florida Statutes, to read:
180	121.031  Administration of system; appropriation; oaths;
181	actuarial studies; public records.--
182	(6)  Unless prior written approval is obtained from the
183	department or state board, any promotional materials or
184	advertisements that, directly or indirectly, refer to the
185	Florida Retirement System or the FRS, must contain a disclaimer
186	that the information is not approved or endorsed by the Florida
187	Retirement System.
188	Section 3.  Paragraph (a) of subsection (1) and paragraph
189	(f) of subsection (2) of section 121.051, Florida Statutes, are
190	amended, and subsection (10) is added to that section, to read:
191	121.051  Participation in the system.--
192	(1)  COMPULSORY PARTICIPATION.--
193	(a)  The provisions of this law are shall be compulsory as
194	to all officers and employees, except elected officers who meet
195	the requirements of s. 121.052(3), who are employed on or after
196	December 1, 1970, by of an employer other than those referred to
197	in paragraph (2)(b), and each officer or employee, as a
198	condition of employment, shall become a member of the system as
199	of his or her date of employment, except that a person who is
200	retired from any state retirement system and is reemployed on or
201	after December 1, 1970, may shall not be permitted to renew his
202	or her membership in any state retirement system except as
203	provided in s. 121.091(4)(h) for a person who recovers from
204	disability, and as provided in s. 121.091(9)(b)10. s.
205	121.091(9)(b)8. for a person who is elected to public office,
206	and, effective July 1, 1991, as provided in s. 121.122 for all
207	other retirees. Officers and employees of the University
208	Athletic Association, Inc., a nonprofit association connected
209	with the University of Florida, employed on and after July 1,
210	1979, may shall not participate in any state-supported
211	retirement system.
212	1.a.  Any person appointed on or after July 1, 1989, to a
213	faculty position in a college at the J. Hillis Miller Health
214	Center at the University of Florida or the Medical Center at the
215	University of South Florida which has a faculty practice plan
216	adopted provided by rule may adopted by the Board of Regents
217	shall not participate in the Florida Retirement System.
218	Effective July 1, 2008, any person appointed thereafter to a
219	faculty position, including clinical faculty, in a college at a
220	state university that has a faculty practice plan authorized by
221	the Board of Governors may not participate in the Florida
222	Retirement System. A faculty member so appointed shall
223	participate in the optional retirement program for the State
224	University System on the basis of his or her state-funded
225	compensation, notwithstanding the provisions of s. 121.35(2)(a).
226	b.  For purposes of this subparagraph, the term "faculty
227	position" is defined as a position assigned the principal
228	responsibility of teaching, research, or public service
229	activities or administrative responsibility directly related to
230	the academic mission of the college. The term "clinical faculty"
231	is defined as a faculty position appointment in conjunction with
232	a professional position in a hospital or other clinical
233	environment at a college. The term "faculty practice plan"
234	includes professional services to patients, institutions, or
235	other parties which are rendered by the clinical faculty employed
236	by a college that has a faculty practice plan at a state
237	university authorized by the Board of Governors.
238	(2)  OPTIONAL PARTICIPATION.--
239	(f)1.  If Whenever an employer that participates in the
240	Florida Retirement System undertakes the transfer, merger, or
241	consolidation of governmental services or assumes the functions
242	or activities of an employing governmental entity that was not
243	an employer under the system, the employer must notify the
244	department at least 60 days prior to such action and shall
245	provide documentation as required by the department. The
246	transfer, merger, or consolidation of governmental services or
247	assumption of governmental functions and activities must occur
248	between public employers. The current or former employer may pay
249	the employees' past service cost unless prohibited under this
250	chapter. This paragraph does not apply to the transfer, merger,
251	or consolidation of governmental services or assumption of
252	functions and activities of a public entity under a leasing
253	agreement having a co-employer relationship. Employers and
254	employees of a public governmental employer whose service is
255	covered by a leasing agreement under s. 110.191, other leasing
256	agreement, or a co-employer relationship are not eligible to
257	participate in the Florida Retirement System.
258	2.  If When the agency to which a member's employing unit
259	is transferred, merged, or consolidated does not participate in
260	the Florida Retirement System, a member may shall elect in
261	writing to remain in the Florida Retirement System or to
262	transfer to the local retirement system operated by the such
263	agency. If such agency does not participate in a local
264	retirement system, the member shall continue membership in the
265	Florida Retirement System. In either case, the membership
266	continues shall continue for as long as the member is employed
267	by the agency to which his or her unit was transferred, merged,
268	or consolidated.
269	(10)  PROHIBITED PARTICIPATION.--A person who is an inmate
270	or prisoner at the time the work is performed is prohibited from
271	participating in, or receiving benefits from, any part of the
272	Florida Retirement System based on such work.
273	Section 4.  Paragraph (e) of subsection (3) of section
274	121.052, Florida Statutes, is amended to read:
275	121.052  Membership class of elected officers.--
276	(3)  PARTICIPATION AND WITHDRAWAL, GENERALLY.--Effective
277	July 1, 1990, participation in the Elected Officers' Class shall
278	be compulsory for elected officers listed in paragraphs (2)(a)-
279	(d) and (f) assuming office on or after said date, unless the
280	elected officer elects membership in another class or withdraws
281	from the Florida Retirement System as provided in paragraphs
282	(3)(a)-(d):
283	(e)  Effective July 1, 2008 July 1, 2001, the governing
284	body of a municipality or special district may, by majority
285	vote, elect to designate all its elected positions for inclusion
286	in the Elected Officers' Class. Such election shall be made
287	between July 1, 2008, and December 31, 2008 July 1, 2001, and
288	December 31, 2001, and shall be irrevocable. The designation of
289	such positions shall be effective the first day of the month
290	following receipt by the department of the ordinance or
291	resolution passed by the governing body.
292	Section 5.  Subsections (1) and (2) of section 121.053,
293	Florida Statutes, are amended to read:
294	121.053  Participation in the Elected Officers' Class for
295	retired members.--
296	(1)(a)1.  Any retiree of a state-administered retirement
297	system who initially serves in an elective office in a regularly
298	established position with a covered employer on or after January
299	1, 2009, shall not be enrolled in the Florida Retirement System.
300	2.  An elected officer who is elected or appointed to an
301	elective office and is participating in the Deferred Retirement
302	Option Program is subject to termination as provided in s.
303	121.021(39)(b), and reemployment limitations as provided in s.
304	121.091(9), upon completion of his or her DROP participation
305	period.
306	(b)  Before January 1, 2009, any member who retired under
307	any existing system as defined in s. 121.021(2), and receives a
308	benefit thereof, and who serves in an office covered by the
309	Elected Officers' Class for a period of at least 6 years, shall
310	be entitled to receive an additional retirement benefit for such
311	elected officer service prior to July 1, 1990, under the Elected
312	Officers' Class of the Florida Retirement System, as follows:
313	1.  Upon completion of 6 or more years of creditable
314	service in an office covered by the Elected Officers' Class, s.
315	121.052, such member shall notify the administrator of his or
316	her intent to purchase elected officer service prior to July 1,
317	1990, and shall pay the member contribution applicable for the
318	period being claimed, plus 4 percent interest compounded
319	annually from the first year of service claimed until July 1,
320	1975, and 6.5 percent interest compounded annually thereafter,
321	until full payment is made to the Florida Retirement System
322	Trust Fund; however, such member may purchase retirement credit
323	under the Elected Officers' Class only for such service as an
324	elected officer.
325	2.  Upon payment of the amount specified in subparagraph
326	1., the employer shall pay into the Florida Retirement System
327	Trust Fund the applicable employer contribution for the period
328	of elected officer service prior to July 1, 1990, being claimed
329	by the member, plus 4 percent interest compounded annually from
330	the first year of service claimed until July 1, 1975, and 6.5
331	percent interest compounded annually thereafter, until full
332	payment is made to the Florida Retirement System Trust Fund.
333	(c)(b)  Any retired member of the Florida Retirement
334	System, or any existing system as defined in s. 121.021(2), who,
335	on or after July 1, 1990, through December 31, 2008, is serving
336	in, or is elected or appointed to, an elective office covered by
337	the Elected Officers' Class shall be enrolled in the appropriate
338	subclass of the Elected Officers' Class of the Florida
339	Retirement System, and applicable contributions shall be paid
340	into the Florida Retirement System Trust Fund as provided in s.
341	121.052(7). Pursuant thereto:
342	1.  Any such retired member shall be eligible to continue
343	to receive retirement benefits as well as compensation for the
344	elected officer service for as long as he or she remains in an
345	elective office covered by the Elected Officers' Class.
346	2.  If any such member serves in an elective office covered
347	by the Elected Officers' Class and becomes vested under that
348	class, he or she shall be entitled to receive an additional
349	retirement benefit for such elected officer service.
350	3.  Such member shall be entitled to purchase additional
351	retirement credit in the Elected Officers' Class for any
352	postretirement service performed in an elected position eligible
353	for the Elected Officers' Class prior to July 1, 1990, or in the
354	Regular Class for any postretirement service performed in any
355	other regularly established position prior to July 1, 1991, by
356	paying the applicable Elected Officers' Class or Regular Class
357	employee and employer contributions for the period being
358	claimed, plus 4 percent interest compounded annually from the
359	first year of service claimed until July 1, 1975, and 6.5
360	percent interest compounded thereafter, until full payment is
361	made to the Florida Retirement System Trust Fund. The
362	contribution for postretirement Regular Class service between
363	July 1, 1985, and July 1, 1991, for which the reemployed retiree
364	contribution was paid, shall be the difference between such
365	contribution and the total applicable contribution for the
366	period being claimed, plus interest. The employer of such member
367	may pay the applicable employer contribution in lieu of the
368	member. If a member does not wish to claim credit for all of the
369	postretirement service for which he or she is eligible, the
370	service the member claims must be the most recent service.
371	4.  Creditable service for which credit was received, or
372	which remained unclaimed, at retirement may not be claimed or
373	applied toward service credit earned following renewed
374	membership. However, service earned in accordance with the
375	renewed membership provisions in s. 121.122 may be used in
376	conjunction with creditable service earned under this paragraph,
377	provided applicable vesting requirements and other existing
378	statutory conditions required by this chapter are met.
379	5.  An elected officer who is elected or appointed to an
380	elective office and is participating in the Deferred Retirement
381	Option Program before January 1, 2009, is not subject to
382	termination as provided in s. 121.021(39)(b), or reemployment
383	limitations as provided in s. 121.091(9), until the end of his
384	or her current term of office or, if the officer is
385	consecutively elected or reelected to an elective office
386	eligible for coverage under the Florida Retirement System, until
387	he or she no longer holds such an elective office, as follows:
388	a.  At the end of the 60-month DROP period:
389	(I)  The officer's DROP account shall accrue no additional
390	monthly benefits, but shall continue to earn interest as
391	provided in s. 121.091(13).
392	(II)  No retirement contributions shall be required of the
393	employer of the elected officer and no additional retirement
394	credit shall be earned under the Florida Retirement System.
395	b.  Nothing herein shall prevent an elected officer from
396	voluntarily terminating his or her elective office at any time
397	and electing to receive his or her DROP proceeds. However, until
398	termination requirements are fulfilled as provided in s.
399	121.021(39), any elected officer whose termination limitations
400	are extended by this section shall be ineligible for renewed
401	membership in the system and shall receive no pension payments,
402	DROP lump sum payments, or any other state payment other than
403	the statutorily determined salary, travel, and per diem for the
404	elective office.
405	c.  Upon termination, the officer shall receive his or her
406	accumulated DROP account, plus interest, and shall accrue and
407	commence receiving monthly retirement benefits, which shall be
408	paid on a prospective basis only.
409
410	However, an officer electing to participate in the Deferred
411	Retirement Option Program on or before June 30, 2002, shall not
412	be required to terminate and shall remain subject to the
413	provisions of this subparagraph as adopted in section 1 of
414	chapter 2001-235, Laws of Florida.
415	(2)  Upon attaining his or her normal retirement date and
416	payment of the amount specified in paragraphs (1)(b) and (c)
417	(1)(a) and (b), and upon application to the administrator of the
418	intent to retire, the member shall receive a monthly benefit
419	under this section, in addition to any benefits already being
420	received, which shall commence on the last day of the month of
421	retirement and be payable on the last day of the month
422	thereafter during his or her lifetime. The amount of such
423	monthly benefit shall be the total percentage of retirement
424	credit purchased under this section multiplied by the member's
425	average monthly compensation as an elected officer, adjusted
426	according to the option selected at retirement under s.
427	121.091(6).
428	Section 6.  Paragraph (f) of subsection (1) and paragraph
429	(c) of subsection (6) of section 121.055, Florida Statutes, are
430	amended to read:
431	121.055  Senior Management Service Class.--There is hereby
432	established a separate class of membership within the Florida
433	Retirement System to be known as the "Senior Management Service
434	Class," which shall become effective February 1, 1987.
435	(1)
436	(f)  Effective July 1, 1997:
437	1.  Except as provided in subparagraph 3., any elected
438	state officer eligible for membership in the Elected Officers'
439	Class under s. 121.052(2)(a), (b), or (c) who elects membership
440	in the Senior Management Service Class under s. 121.052(3)(c)
441	may, within 6 months after assuming office or within 6 months
442	after this act becomes a law for serving elected state officers,
443	elect to participate in the Senior Management Service Optional
444	Annuity Program, as provided in subsection (6), in lieu of
445	membership in the Senior Management Service Class.
446	2.  Except as provided in subparagraph 3., any elected
447	county officer eligible for membership in the Elected Officers'
448	Class under s. 121.052(2)(d) who elects membership in the Senior
449	Management Service Class under s. 121.052(3)(c) may, within 6
450	months after assuming office, or within 6 months after this act
451	becomes a law for serving elected county officers, elect to
452	withdraw from the Florida Retirement System participate in a
453	lifetime monthly annuity program, as provided in subparagraph
454	(b)2., in lieu of membership in the Senior Management Service
455	Class.
456	3.  Any retiree of a state-administered retirement system
457	who is initially reemployed on or after January 1, 2009, as an
458	elected official eligible for Elected Officers' Class membership
459	shall not be eligible for renewed membership in the Senior
460	Management Service Optional Annuity Program as provided in
461	subsection (6) or to withdraw from the Florida Retirement System
462	as a renewed member as provided in subparagraph (b)2., as
463	applicable, in lieu of Senior Management Service Class
464	membership.
465	(6)
466	(c)  Participation.--
467	1.  Any eligible employee who is employed on or before
468	February 1, 1987, may elect to participate in the optional
469	annuity program in lieu of participation in the Senior
470	Management Service Class. Such election shall be made in writing
471	and filed with the department and the personnel officer of the
472	employer on or before May 1, 1987. Any eligible employee who is
473	employed on or before February 1, 1987, and who fails to make an
474	election to participate in the optional annuity program by May
475	1, 1987, shall be deemed to have elected membership in the
476	Senior Management Service Class.
477	2.  Except as provided in subparagraph 6., any employee who
478	becomes eligible to participate in the optional annuity program
479	by reason of initial employment commencing after February 1,
480	1987, may, within 90 days after the date of commencement of
481	employment, elect to participate in the optional annuity
482	program. Such election shall be made in writing and filed with
483	the personnel officer of the employer. Any eligible employee who
484	does not within 90 days after commencement of such employment
485	elect to participate in the optional annuity program shall be
486	deemed to have elected membership in the Senior Management
487	Service Class.
488	3.  A person who is appointed to a position in the Senior
489	Management Service Class and who is a member of an existing
490	retirement system or the Special Risk or Special Risk
491	Administrative Support Classes of the Florida Retirement System
492	may elect to remain in such system or class in lieu of
493	participation in the Senior Management Service Class or optional
494	annuity program. Such election shall be made in writing and
495	filed with the department and the personnel officer of the
496	employer within 90 days of such appointment. Any eligible
497	employee who fails to make an election to participate in the
498	existing system, the Special Risk Class of the Florida
499	Retirement System, the Special Risk Administrative Support Class
500	of the Florida Retirement System, or the optional annuity
501	program shall be deemed to have elected membership in the Senior
502	Management Service Class.
503	4.  Except as provided in subparagraph 5., an employee's
504	election to participate in the optional annuity program is
505	irrevocable as long as such employee continues to be employed in
506	an eligible position and continues to meet the eligibility
507	requirements set forth in this paragraph.
508	5.  Effective from July 1, 2002, through September 30,
509	2002, any active employee in a regularly established position
510	who has elected to participate in the Senior Management Service
511	Optional Annuity Program has one opportunity to choose to move
512	from the Senior Management Service Optional Annuity Program to
513	the Florida Retirement System defined benefit program.
514	a.  The election must be made in writing and must be filed
515	with the department and the personnel officer of the employer
516	before October 1, 2002, or, in the case of an active employee
517	who is on a leave of absence on July 1, 2002, within 90 days
518	after the conclusion of the leave of absence. This election is
519	irrevocable.
520	b.  The employee will receive service credit under the
521	defined benefit program of the Florida Retirement System equal
522	to his or her years of service under the Senior Management
523	Service Optional Annuity Program. The cost for such credit shall
524	be an amount representing the present value of that employee's
525	accumulated benefit obligation for the affected period of
526	service.
527	c.  The employee must transfer the total accumulated
528	employer contributions and earnings on deposit in his or her
529	Senior Management Service Optional Annuity Program account. If
530	the transferred amount is not sufficient to pay the amount due,
531	the employee must pay a sum representing the remainder of the
532	amount due. In no case may the employee retain any employer
533	contributions or earnings thereon from the Senior Management
534	Service Optional Annuity Program account.
535	6.  Any retiree of a state-administered retirement system
536	who is initially reemployed on or after January 1, 2009, shall
537	not be eligible for renewed membership in the Senior Management
538	Service Optional Annuity Program.
539	Section 7.  Paragraph (a) of subsection (6) of section
540	121.071, Florida Statutes, is amended to read:
541	121.071  Contributions.--Contributions to the system shall
542	be made as follows:
543	(6)(a)  Required employee contributions for all service
544	other than current service, including, but not limited to, prior
545	service, past service, military service, leave-of-absence
546	service, out-of-state service, and certain non-Florida
547	Retirement System in-state service, shall be paid by cash,
548	personal check, cashier's check, or money order, or a direct
549	rollover or transfer from a qualified plan as provided under the
550	Internal Revenue Code. The payment must only; shall be
551	accompanied by a statement identifying the service for which
552	payment is made,; and shall be made in a lump sum for the total
553	amount due or in annual payments of not less than $100, except
554	for the final payment if less than $100, unless another method
555	of payment is authorized by law or rule.
556	Section 8.  Paragraphs (f) and (h) of subsection (1) of
557	section 121.081, Florida Statutes, are amended to read:
558	121.081  Past service; prior service;
559	contributions.--Conditions under which past service or prior
560	service may be claimed and credited are:
561	(1)
562	(f)  If When any person, either prior to this act or
563	hereafter, becomes entitled to and participates does participate
564	in one of the retirement systems under consolidated within or
565	created by this chapter through the consolidation or merger of
566	governments or the transfer of functions between units of
567	government, either at the state or local level or between state
568	and local units, or through the assumption of functions or
569	activities by a state or local unit from an employing
570	governmental entity that which was not an employer under the
571	system, and such person becomes a member of the Florida
572	Retirement System, such person is shall be entitled to receive
573	past-service credit as defined in s. 121.021(18) for the time
574	the such person performed services for, and was an employee of,
575	such state or local unit or other governmental employing entity
576	prior to the transfer, merger, consolidation, or assumption of
577	functions and activities. Past-service credit allowed by this
578	paragraph is shall also be available to any person who becomes a
579	member of an existing system, as defined in s. 121.021(2), prior
580	to December 1, 1970, through the transfer, merger,
581	consolidation, or assumption of functions and activities set
582	forth in this paragraph and who subsequently becomes a member of
583	the Florida Retirement System. However, credit for the past
584	service may not be granted until contributions are made in the
585	manner provided in this subsection. If a person rejected Florida
586	Retirement System membership at the time of the transfer,
587	merger, or consolidation, or assumption the required
588	contributions shall be at total actuarial cost as specified in
589	paragraph (e). Such contributions or accrued interest may not be
590	paid from any public state funds.
591	(h)  The following provisions apply to the purchase of past
592	service:
593	1.  Notwithstanding any of the provisions of this
594	subsection, past-service credit may not be purchased under this
595	chapter for any service that is used to obtain a pension or
596	benefit from a any local retirement system. Eligibility to
597	receive or the receipt of contributions to a retirement plan
598	made by the employer on behalf of the employee is considered a
599	benefit.
600	2.  A member may not receive past service credit under
601	paragraphs (a), (b), (e), or (f) for any leaves of absence
602	without pay, except that credit for active military service
603	leaves of absence may be claimed under paragraphs (a), (b), and
604	(f), in accordance with s. 121.111(1).
605	3.  A member may not receive past service credit for co-
606	employer service. Co-employer service or a co-employer
607	relationship is employment in a single position simultaneously
608	covered and reported by both a public employer and a private
609	employer.
610	4.3.  If a member does not want desire to receive credit
611	for all of his or her past service, the period the member claims
612	must be the most recent past service prior to his or her
613	participation in the Florida Retirement System.
614	5.4.  The cost of past service purchased by an employing
615	agency for its employees may be amortized over the such period
616	of time as is provided in the agreement, but not to exceed 15
617	years, calculated in accordance with rule 60S-1.007(5)(f),
618	Florida Administrative Code.
619	6.5.  The retirement account of each member for whom past
620	service is being provided by his or her employer shall be
621	credited with all past service the employer agrees to purchase
622	as soon as the agreement between the employer and the department
623	is executed. Pursuant thereto:
624	a.  Each such member's account shall also be posted with
625	the total contribution his or her employer agrees to make on in
626	the member's behalf for past service earned prior to October 1,
627	1975, excluding those contributions representing the employer's
628	matching share and the compound interest calculation on the
629	total contribution. However, a portion of any contributions paid
630	by an employer for past service credit earned on and after
631	October 1, 1975, may not be posted to the a member's account.
632	b.  A refund of contributions payable after an employer has
633	made a written agreement to purchase past service for employees
634	of the covered group includes shall include contributions for
635	past service which are posted to a member's account. However,
636	contributions for past service earned on and after October 1,
637	1975, are not refundable.
638	Section 9.  Subsections (9), (13), and (14) of section
639	121.091, Florida Statutes, are amended to read:
640	121.091  Benefits payable under the system.--Benefits may
641	not be paid under this section unless the member has terminated
642	employment as provided in s. 121.021(39)(a) or begun
643	participation in the Deferred Retirement Option Program as
644	provided in subsection (13), and a proper application has been
645	filed in the manner prescribed by the department. The department
646	may cancel an application for retirement benefits when the
647	member or beneficiary fails to timely provide the information
648	and documents required by this chapter and the department's
649	rules. The department shall adopt rules establishing procedures
650	for application for retirement benefits and for the cancellation
651	of such application when the required information or documents
652	are not received.
653	(9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
654	(a)  Any person who is retired under this chapter, except
655	under the disability retirement provisions of subsection (4),
656	may be employed by an employer that does not participate in a
657	state-administered retirement system and may receive
658	compensation from that employment without limiting or
659	restricting in any way the retirement benefits payable to that
660	person.
661	(b)1.a.  Any person who is retired under this chapter,
662	except under the disability retirement provisions of subsection
663	(4), may be reemployed by any private or public employer after
664	retirement and receive retirement benefits and compensation from
665	the his or her employer without limitation any limitations,
666	except that the a person may not receive both a salary from
667	reemployment with any agency participating in the Florida
668	Retirement System and retirement benefits under this chapter for
669	a period of 12 calendar months immediately after subsequent to
670	the calendar month that termination is met as defined in s.
671	121.021(39), except as provided in sub-subparagraph b. date of
672	retirement. However, a DROP participant may shall continue
673	employment and receive a salary during the period of
674	participation in DROP the Deferred Retirement Option Program, as
675	provided in subsection (13).
676	b.  Any person who is retired under a state-administered
677	retirement system may not receive a retirement benefit if he or
678	she receives compensation totaling $100,000 or more from an
679	employer participating in the Florida Retirement System. This
680	limitation begins immediately upon employment if the annualized
681	compensation meets or exceeds the limit, or in the month that
682	reported compensation meets or exceeds the limit during the plan
683	year, and continues for as long as the expected payments equal
684	or exceed $100,000. This limitation includes payments as defined
685	in s. 121.021(22) for work performed in regularly established
686	positions. The employer is responsible for notifying the
687	Division of Retirement when this occurs, either at employment or
688	if salary increases lead to the level specified. Any person
689	employed in violation of this sub-subparagraph and any employing
690	agency that knowingly employs or appoints such person without
691	notifying the Division of Retirement to suspend retirement
692	benefits shall be jointly and severally liable for reimbursement
693	to the Florida Retirement System Trust Fund of any benefits paid
694	during the reemployment limitation period.
695	2.  Any person to whom the limitation in subparagraph 1.
696	applies who violates such reemployment limitation and who is
697	reemployed with any agency participating in the Florida
698	Retirement System after he or she has been retired and met the
699	definition of termination in s. 121.021(39), but before
700	completion of the 12-month limitation period must shall give
701	timely notice of this fact in writing to the employer and to the
702	Division of Retirement and shall have his or her retirement
703	benefits suspended while employed during for the balance of the
704	12-month limitation period unless the person exceeds the 780-
705	hour limitation in subparagraph 4., subparagraph 5., or
706	subparagraph 12. Any person employed in violation of this
707	paragraph and any employing agency that which knowingly employs
708	or appoints such person without notifying the division of
709	Retirement to suspend retirement benefits are shall be jointly
710	and severally liable for reimbursement to the retirement trust
711	fund of any benefits paid during the reemployment limitation
712	period. To avoid liability, the such employing agency must shall
713	have a written statement from the retiree that he or she is not
714	retired from a state-administered retirement system. Any
715	retirement benefits received while reemployed during this
716	reemployment limitation period must shall be repaid to the
717	Florida Retirement System Trust Fund, and retirement benefits
718	shall remain suspended until such repayment has been made.
719	Benefits suspended beyond the reemployment limitation shall
720	apply toward repayment of benefits received in violation of the
721	reemployment limitation.
722	3.  A district school board may reemploy a retired member
723	as a substitute or hourly teacher, education paraprofessional,
724	transportation assistant, bus driver, or food service worker on
725	a noncontractual basis after he or she has been retired and met
726	the definition of termination for 1 calendar month, in
727	accordance with s. 121.021(39). A district school board may
728	reemploy a retired member as instructional personnel, as defined
729	in s. 1012.01(2)(a), on an annual contractual basis after he or
730	she has been retired for 1 calendar month, in accordance with s.
731	121.021(39). Any other retired member who is reemployed before
732	meeting the definition of termination voids within 1 calendar
733	month after retirement shall void his or her application for
734	retirement benefits. District school boards reemploying such
735	teachers, education paraprofessionals, transportation
736	assistants, bus drivers, or food service workers are subject to
737	the retirement contribution required by subparagraph 9. 7.
738	4.  A community college board of trustees may reemploy a
739	retired member as an adjunct instructor, that is, an instructor
740	who is noncontractual and part-time, or as a participant in a
741	phased retirement program within the Florida Community College
742	System, after he or she has been retired and met the definition
743	of termination for 1 calendar month, in accordance with s.
744	121.021(39). Any retired member who is reemployed before meeting
745	the definition of termination voids within 1 calendar month
746	after retirement shall void his or her application for
747	retirement benefits. Boards of trustees reemploying such
748	instructors are subject to the retirement contribution required
749	in subparagraph 7. A retired member may be reemployed as an
750	adjunct instructor for no more than 780 hours during the first
751	12 calendar months after meeting the definition of termination
752	of retirement. Any retired member reemployed for more than 780
753	hours during the first 12 months of retirement must shall give
754	timely notice in writing to the employer and to the Division of
755	Retirement of the date he or she will exceed the limitation. The
756	division shall suspend his or her retirement benefits for the
757	remainder of the 12-month limitation period first 12 months of
758	retirement. Any person employed in violation of this
759	subparagraph and any employing agency that which knowingly
760	employs or appoints such person without notifying the division
761	of Retirement to suspend retirement benefits are shall be
762	jointly and severally liable for reimbursement to the retirement
763	trust fund of any benefits paid during the reemployment
764	limitation period. To avoid liability, the such employing agency
765	must shall have a written statement from the retiree that he or
766	she is not retired from a state-administered retirement system.
767	Any retirement benefits received by a retired member while
768	reemployed in excess of 780 hours during the 12-month limitation
769	period must first 12 months of retirement shall be repaid to the
770	Florida Retirement System Trust Fund, and retirement benefits
771	shall remain suspended until repayment is made. Benefits
772	suspended beyond the end of the 12-month limitation period
773	retired member's first 12 months of retirement shall apply
774	toward repayment of benefits received in violation of the 780-
775	hour reemployment limitation.
776	5.  The State University System may reemploy a retired
777	member as an adjunct faculty member or as a participant in a
778	phased retirement program within the State University System
779	after the retired member has met the definition of termination
780	been retired for 1 calendar month, in accordance with s.
781	121.021(39). A Any retired member who is reemployed before
782	meeting the definition of termination voids within 1 calendar
783	month after retirement shall void his or her application for
784	retirement benefits. The State University System is subject to
785	the retired contribution required in subparagraph 9. 7., as
786	appropriate. A retired member may be reemployed as an adjunct
787	faculty member or a participant in a phased retirement program
788	for no more than 780 hours during the first 12 calendar months
789	after meeting the definition of termination of his or her
790	retirement. Any retired member reemployed for more than 780
791	hours during the 12-month limitation period first 12 months of
792	retirement shall give timely notice in writing to the employer
793	and to the Division of Retirement of the date he or she will
794	exceed the limitation. The division shall suspend his or her
795	retirement benefits for the remainder of the 12-month limitation
796	period first 12 months of retirement. Any person employed in
797	violation of this subparagraph and any employing agency that
798	which knowingly employs or appoints such person without
799	notifying the division of Retirement to suspend retirement
800	benefits are shall be jointly and severally liable for
801	reimbursement to the retirement trust fund of any benefits paid
802	during the reemployment limitation period. To avoid liability,
803	such employing agency must shall have a written statement from
804	the retiree that he or she is not retired from a state-
805	administered retirement system. Any retirement benefits received
806	by a retired member while reemployed in excess of 780 hours
807	during the first 12 months of retirement must shall be repaid to
808	the Florida Retirement System Trust Fund, and retirement
809	benefits shall remain suspended until repayment is made.
810	Benefits suspended beyond the end of the retired member's 12-
811	month limitation period first 12 months of retirement shall
812	apply toward repayment of benefits received in violation of the
813	780-hour reemployment limitation.
814	6.  The Board of Trustees of the Florida School for the
815	Deaf and the Blind may reemploy a retired member as a substitute
816	teacher, substitute residential instructor, or substitute nurse
817	on a noncontractual basis after he or she has met the definition
818	of termination been retired for 1 calendar month, in accordance
819	with s. 121.021(39). The Board of Trustees of the Florida School
820	for the Deaf and the Blind may reemploy a retired member as
821	instructional personnel, as defined in s. 1012.01(2)(a), on an
822	annual contractual basis after he or she has been retired and
823	met the definition of termination in s. 121.021(39). Any retired
824	member who is reemployed before meeting the definition of
825	termination voids within 1 calendar month after retirement shall
826	void his or her application for retirement benefits. The Board
827	of Trustees of the Florida School for the Deaf and the Blind
828	reemploying such teachers, residential instructors, or nurses is
829	subject to the retirement contribution required by subparagraph
830	9. 7. Reemployment of a retired member as a substitute teacher,
831	substitute residential instructor, or substitute nurse is
832	limited to 780 hours during the first 12 months of his or her
833	retirement. Any retired member reemployed for more than 780
834	hours during the first 12 months of retirement shall give timely
835	notice in writing to the employer and to the division of the
836	date he or she will exceed the limitation. The division shall
837	suspend his or her retirement benefits for the remainder of the
838	first 12 months of retirement. Any person employed in violation
839	of this subparagraph and any employing agency which knowingly
840	employs or appoints such person without notifying the Division
841	of Retirement to suspend retirement benefits shall be jointly
842	and severally liable for reimbursement to the retirement trust
843	fund of any benefits paid during the reemployment limitation
844	period. To avoid liability, such employing agency shall have a
845	written statement from the retiree that he or she is not retired
846	from a state-administered retirement system. Any retirement
847	benefits received by a retired member while reemployed in excess
848	of 780 hours during the first 12 months of retirement shall be
849	repaid to the Retirement System Trust Fund, and his or her
850	retirement benefits shall remain suspended until payment is
851	made. Benefits suspended beyond the end of the retired member's
852	first 12 months of retirement shall apply toward repayment of
853	benefits received in violation of the 780-hour reemployment
854	limitation.
855	7.  A developmental research school may reemploy a retired
856	member as a substitute or hourly teacher or an education
857	paraprofessional as defined in s. 1012.01(2) on a noncontractual
858	basis after he or she has been retired for 1 calendar month, in
859	accordance with s. 121.021(39). A developmental research school
860	may reemploy a retired member as instructional personnel, as
861	defined in s. 1012.01(2)(a), on an annual contractual basis
862	after he or she has been retired for 1 calendar month, in
863	accordance with s. 121.021(39). Any other retired member who is
864	reemployed within 1 calendar month after retirement voids his or
865	her application for retirement benefits. A developmental
866	research school that reemploys retired teachers and education
867	paraprofessionals are subject to the retirement contribution
868	required by subparagraph 9.
869	8.  A charter school may reemploy a retired member as a
870	substitute or hourly teacher on a noncontractual basis after he
871	or she has been retired for 1 calendar month, in accordance with
872	s. 121.021(39). A charter school may reemploy a retired member
873	as instructional personnel, as defined in s. 1012.01(2(a), on an
874	annual contractual basis after he or she has been retired for 1
875	calendar month, in accordance with s. 121.021(39). Any other
876	retired member who is reemployed within 1 calendar month after
877	retirement voids his or her application for retirement benefits.
878	A charter school that reemploys such teachers is subject to the
879	retirement contribution required by subparagraph 9.
880	9.a.7.  The employment by an employer of a any retiree or
881	DROP participant of a any state-administered retirement system
882	does not affect shall have no effect on the average final
883	compensation or years of creditable service of the retiree or
884	DROP participant.
885	b.  Prior to July 1, 1991, and for initial enrollment as a
886	renewed member through December 31, 2008, upon employment of any
887	person, other than an elected officer as provided in s. 121.053,
888	who is has been retired under a any state-administered
889	retirement program, the employer shall pay retirement
890	contributions in an amount equal to the unfunded actuarial
891	liability portion of the employer contribution which would be
892	required for regular members of the Florida Retirement System.
893	Effective July 1, 1991, contributions shall be made as provided
894	in s. 121.122 for retirees who have with renewed membership or,
895	as provided in subsection (13), for with respect to DROP
896	participants.
897	c.  Any person who is retired under a state-administered
898	retirement program and who is initially reemployed on or after
899	January 1, 2009, may not renew membership in the Florida
900	Retirement System. The employer shall pay retirement
901	contributions in an amount equal to the unfunded actuarial
902	liability portion of the employer contribution that would be
903	required for active members of the Florida Retirement System in
904	addition to the contributions required by s. 121.76.
905	10.8.  Any person who has previously retired and who is
906	holding an elective public office or an appointment to an
907	elective public office initially eligible for the Elected
908	Officers' Class on or after July 1, 1990, through December 31,
909	2008, shall be enrolled in the Florida Retirement System as
910	provided in s. 121.053(1)(c)(b) or, if holding an elective
911	public office that does not qualify for the Elected Officers'
912	Class on or after July 1, 1991, through December 31, 2008, shall
913	be enrolled in the Florida Retirement System as provided in s.
914	121.122, and shall continue to receive retirement benefits as
915	well as compensation for the elected officer's service for as
916	long as he or she remains in elective office. However, any
917	retired member who served in an elective office prior to July 1,
918	1990, suspended his or her retirement benefit, and had his or
919	her Florida Retirement System membership reinstated shall, upon
920	retirement from such office, have his or her retirement benefit
921	recalculated to include the additional service and compensation
922	earned.
923	b.  Any person who has retired and who is holding an
924	elective public office or an appointment to an elective public
925	office initially eligible for the Elected Officers' Class on or
926	after January 1, 2009, shall not be enrolled in the Florida
927	Retirement System as provided in s. 121.053(1)(c) or, if holding
928	an elective public office that does not qualify for the Elected
929	Officers' Class and is initially eligible on or after January 1,
930	2009, shall not be enrolled in the Florida Retirement System as
931	provided in s. 121.122, and shall not continue to receive
932	retirement benefits during the first 12 calendar months after
933	meeting the definition of termination in s. 121.021(39).
934	11.a.9.  Any person who is holding an elective public
935	office which is covered by the Florida Retirement System and who
936	is concurrently employed in nonelected covered employment before
937	January 1, 2009, may elect to retire while continuing employment
938	in the elective public office, if provided that he or she
939	terminates shall be required to terminate his or her nonelected
940	covered employment. Any person who exercises this election shall
941	receive his or her retirement benefits in addition to the
942	compensation of the elective office without regard to the time
943	limitations otherwise provided in this subsection. A No person
944	who seeks to exercise the provisions of this subparagraph, as
945	they the same existed prior to May 3, 1984, may not shall be
946	deemed to be retired under those provisions, unless such person
947	is eligible to retire under the provisions of this subparagraph,
948	as amended by chapter 84-11, Laws of Florida.
949	b.  Any person who is holding an elective public office
950	which is covered by the Florida Retirement System and who is
951	concurrently employed in nonelected covered employment on or
952	after January 1, 2009, may not elect to retire while continuing
953	employment in the elective public office. Such person must meet
954	the definition of termination in s. 121.021(39) and is subject
955	to the limitations provided in this section.
956	12.10.  The limitations of this paragraph apply to
957	reemployment in any capacity with an "employer" as defined in s.
958	121.021(10), irrespective of the category of funds from which
959	the person is compensated.
960	13.  A developmental research school may reemploy a retired
961	member as a substitute or hourly teacher or an education
962	paraprofessional, as defined in s. 1012.01(2), on a
963	noncontractual basis after he or she has been retired and met
964	the definition of termination in s. 121.021(39). A developmental
965	research school may reemploy a retired member as instructional
966	personnel, as defined in s. 1012.01(2)(a), on an annual
967	contractual basis after he or she has been retired and met the
968	definition of termination in s. 121.021(39). Any other retired
969	member who is reemployed within 12 calendar months after
970	retirement voids his or her application for retirement benefits.
971	A developmental research school that reemploys retired teachers
972	and education paraprofessionals are subject to the retirement
973	contribution required by subparagraph 7.
974	14.  A charter school may reemploy a retired member as a
975	substitute or hourly teacher on a noncontractual basis after he
976	or she has been retired and met the definition of termination in
977	s. 121.021(39). A charter school may reemploy a retired member
978	as instructional personnel, as defined in s. 1012.01(2)(a), on
979	an annual contractual basis after he or she has been retired and
980	met the definition of termination in s. 121.021(39). Any other
981	retired member who is reemployed within 12 calendar months after
982	retirement voids his or her application for retirement benefits.
983	A charter school that reemploys such teachers is subject to the
984	retirement contribution required by subparagraph 7.
985	15.  The limitations of this paragraph apply to
986	reemployment in any capacity with an employer, as defined in s.
987	121.021, irrespective of the category of funds from which the
988	person is compensated.
989	16.  The reemployment after retirement provisions of this
990	paragraph apply to DROP participants effective upon termination
991	from employment and the end of DROP participation.
992	11.  An employing agency may reemploy a retired member as a
993	firefighter or paramedic after the retired member has been
994	retired for 1 calendar month, in accordance with s. 121.021(39).
995	Any retired member who is reemployed within 1 calendar month
996	after retirement shall void his or her application for
997	retirement benefits. The employing agency reemploying such
998	firefighter or paramedic is subject to the retired contribution
999	required in subparagraph 8. Reemployment of a retired
1000	firefighter or paramedic is limited to no more than 780 hours
1001	during the first 12 months of his or her retirement. Any retired
1002	member reemployed for more than 780 hours during the first 12
1003	months of retirement shall give timely notice in writing to the
1004	employer and to the Division of the date he or she will exceed
1005	the limitation. The division shall suspend his or her retirement
1006	benefits for the remainder of the first 12 months of retirement.
1007	Any person employed in violation of this subparagraph and any
1008	employing agency which knowingly employs or appoints such person
1009	without notifying the division of Retirement to suspend
1010	retirement benefits shall be jointly and severally liable for
1011	reimbursement to the Retirement System Trust Fund of any
1012	benefits paid during the reemployment limitation period. To
1013	avoid liability, such employing agency shall have a written
1014	statement from the retiree that he or she is not retired from a
1015	state-administered retirement system. Any retirement benefits
1016	received by a retired member while reemployed in excess of 780
1017	hours during the first 12 months of retirement shall be repaid
1018	to the Retirement System Trust Fund, and retirement benefits
1019	shall remain suspended until repayment is made. Benefits
1020	suspended beyond the end of the retired member's first 12 months
1021	of retirement shall apply toward repayment of benefits received
1022	in violation of the 780-hour reemployment
1023	limitation.
1024	15.  The limitations of this paragraph apply to
1025	reemployment in any capacity with an employer, as defined in s.
1026	121.021, irrespective of the category of funds from which the
1027	person is compensated.
1028	16.  The reemployment after retirement provisions of this
1029	paragraph apply to DROP participants effective upon termination
1030	from employment and the end of DROP participation.
1031	(c)  The provisions of this subsection apply to retirees,
1032	as defined in s. 121.4501(2)(j), of the Public Employee Optional
1033	Retirement Program created in part II, subject to the following
1034	conditions:
1035	1.  Such retirees may not be reemployed with an employer
1036	participating in the Florida Retirement System as provided in
1037	paragraph (b) until such person has been retired for 12 3
1038	calendar months, unless the participant has reached the normal
1039	retirement requirements of the defined benefit plan as provided
1040	in s. 121.021(29).
1041	2.  Such retiree employed in violation of this subsection
1042	and any employing agency that knowingly employs or appoints such
1043	person shall be jointly and severally liable for reimbursement
1044	of any benefits paid to the retirement trust fund from which the
1045	benefits were paid, including the Retirement System Trust Fund
1046	and the Public Employee Optional Retirement Program Trust Fund,
1047	as appropriate. To avoid liability, such employing agency must
1048	have a written statement from the retiree that he or she is not
1049	retired from a state-administered retirement system.
1050	(13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general, and
1051	subject to the provisions of this section, the Deferred
1052	Retirement Option Program, hereinafter referred to as the DROP,
1053	is a program under which an eligible member of the Florida
1054	Retirement System may elect to participate, deferring receipt of
1055	retirement benefits while continuing employment with his or her
1056	Florida Retirement System employer. The deferred monthly
1057	benefits shall accrue in the System Trust Fund on behalf of the
1058	participant, plus interest compounded monthly, for the specified
1059	period of the DROP participation, as provided in paragraph (c).
1060	Upon termination of employment as required in s. 121.021(39)(b),
1061	the participant shall receive the total DROP benefits and begin
1062	to receive the previously determined normal retirement benefits.
1063	Participation in the DROP does not guarantee employment for the
1064	specified period of DROP. Participation in the DROP by an
1065	eligible member beyond the initial 60-month period as authorized
1066	in this subsection shall be on an annual contractual basis for
1067	all participants.
1068	(a)  Eligibility of member to participate in the DROP.--All
1069	active Florida Retirement System members in a regularly
1070	established position, and all active members of either the
1071	Teachers' Retirement System established in chapter 238 or the
1072	State and County Officers' and Employees' Retirement System
1073	established in chapter 122, which systems are consolidated
1074	within the Florida Retirement System under s. 121.011, are
1075	eligible to elect participation in the DROP if provided that:
1076	1.  The member is not a renewed member of the Florida
1077	Retirement System under s. 121.122, or a member or renewed
1078	member of the State Community College System Optional Retirement
1079	Program under s. 121.051, the Senior Management Service Optional
1080	Annuity Program under s. 121.055, or the optional retirement
1081	program for the State University System under s. 121.35.
1082	2.  Except as provided in subparagraph 6., election to
1083	participate is made within 12 months immediately following the
1084	date on which the member first reaches normal retirement date,
1085	or, for a member who reaches normal retirement date based on
1086	service before he or she reaches age 62, or age 55 for Special
1087	Risk Class members, election to participate may be deferred to
1088	the 12 months immediately following the date the member attains
1089	57, or age 52 for Special Risk Class members. For a member who
1090	first reached normal retirement date or the deferred eligibility
1091	date described above prior to the effective date of this
1092	section, election to participate shall be made within 12 months
1093	after the effective date of this section. A member who fails to
1094	make an election within the such 12-month limitation period
1095	forfeits shall forfeit all rights to participate in the DROP.
1096	The member shall advise his or her employer and the division in
1097	writing of the date on which the DROP begins shall begin. The
1098	Such beginning date may be subsequent to the 12-month election
1099	period, but must be within the original 60-month participation
1100	or, with respect to members who are instructional personnel
1101	employed by the Florida School for the Deaf and the Blind and
1102	who have received authorization by the Board of Trustees of the
1103	Florida School for the Deaf and the Blind to participate in the
1104	DROP beyond 60 months, or who are instructional personnel as
1105	defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have
1106	received authorization by the district school superintendent to
1107	participate in the DROP beyond 60 months, the 96-month
1108	limitation period as provided in subparagraph (b)1. When
1109	establishing eligibility of the member to participate in the
1110	DROP for the 60-month or, with respect to members who are
1111	instructional personnel employed by the Florida School for the
1112	Deaf and the Blind and who have received authorization by the
1113	Board of Trustees of the Florida School for the Deaf and the
1114	Blind to participate in the DROP beyond 60 months, or who are
1115	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
1116	grades K-12 and who have received authorization by the district
1117	school superintendent to participate in the DROP beyond 60
1118	months, the 96-month maximum participation period, the member
1119	may elect to include or exclude any optional service credit
1120	purchased by the member from the total service used to establish
1121	the normal retirement date. A member who has with dual normal
1122	retirement dates is shall be eligible to elect to participate in
1123	DROP within 12 months after attaining normal retirement date in
1124	either class.
1125	3.  The employer of a member electing to participate in the
1126	DROP, or employers if dually employed, shall acknowledge in
1127	writing to the division the date the member's participation in
1128	the DROP begins and the date the member's employment and DROP
1129	participation will terminate.
1130	4.  Simultaneous employment of a participant by additional
1131	Florida Retirement System employers subsequent to the
1132	commencement of participation in the DROP is shall be
1133	permissible if provided such employers acknowledge in writing a
1134	DROP termination date no later than the participant's existing
1135	termination date or the maximum participation 60-month
1136	limitation period as provided in subparagraph (b)1.
1137	5.  A DROP participant may change employers while
1138	participating in the DROP, subject to the following:
1139	a.  A change of employment must take place without a break
1140	in service so that the member receives salary for each month of
1141	continuous DROP participation. If a member receives no salary
1142	during a month, DROP participation shall cease unless the
1143	employer verifies a continuation of the employment relationship
1144	for such participant pursuant to s. 121.021(39)(b).
1145	b.  Such participant and new employer shall notify the
1146	division of the identity of the new employer on forms required
1147	by the division as to the identity of the new employer.
1148	c.  The new employer shall acknowledge, in writing, the
1149	participant's DROP termination date, which may be extended but
1150	not beyond the original 60-month maximum participation or, with
1151	respect to members who are instructional personnel employed by
1152	the Florida School for the Deaf and the Blind and who have
1153	received authorization by the Board of Trustees of the Florida
1154	School for the Deaf and the Blind to participate in the DROP
1155	beyond 60 months, or who are instructional personnel as defined
1156	in s. 1012.01(2)(a)-(d) in grades K-12 and who have received
1157	authorization by the district school superintendent to
1158	participate in the DROP beyond 60 months, the 96-month period
1159	provided in subparagraph (b)1., shall acknowledge liability for
1160	any additional retirement contributions and interest required if
1161	the participant fails to timely terminate employment, and is
1162	shall be subject to the adjustment required in sub-subparagraph
1163	(c)5.d.
1164	6.  Effective July 1, 2001, for instructional personnel as
1165	defined in s. 1012.01(2), election to participate in the DROP
1166	may shall be made at any time following the date on which the
1167	member first reaches normal retirement date. The member shall
1168	advise his or her employer and the division in writing of the
1169	date on which DROP begins the Deferred Retirement Option Program
1170	shall begin. When establishing eligibility of the member to
1171	participate in the DROP for the 60-month or, with respect to
1172	members who are instructional personnel employed by the Florida
1173	School for the Deaf and the Blind and who have received
1174	authorization by the Board of Trustees of the Florida School for
1175	the Deaf and the Blind to participate in the DROP beyond 60
1176	months, or who are instructional personnel as defined in s.
1177	1012.01(2)(a)-(d) in grades K-12 and who have received
1178	authorization by the district school superintendent to
1179	participate in the DROP beyond 60 months, the 96-month maximum
1180	participation period, as provided in sub-subparagraph (b)(1)a.
1181	subparagraph (b)1., the member may elect to include or exclude
1182	any optional service credit purchased by the member from the
1183	total service used to establish the normal retirement date. A
1184	member who has with dual normal retirement dates is shall be
1185	eligible to elect to participate in either class.
1186	(b)  Participation in the DROP.--
1187	1.a.  Except as provided in sub-subparagraph b., an
1188	eligible member may elect to participate in the DROP for a
1189	period not to exceed a maximum of 60 calendar months except as
1190	provided in subparagraph b. or, with respect to
1191	b.  Members who are instructional personnel employed by the
1192	Florida School for the Deaf and the Blind and who are authorized
1193	have received authorization by the Board of Trustees of the
1194	Florida School for the Deaf and the Blind to participate in the
1195	DROP beyond 60 months, or who are instructional personnel as
1196	defined in s. 1012.01(2)(a)-(d) in grades K-12 and authorized
1197	who are authorized have received authorization by the district
1198	school superintendent to participate in the DROP beyond 60
1199	calendar months, or who are instructional personnel, as defined
1200	in s. 1012.01(2)(a)-(d), employed by a developmental research
1201	school and who are authorized by the school's principal, to
1202	participate in DROP beyond the original 60-month period, for up
1203	to 36 96 calendar months immediately following the DROP
1204	termination date elected for participation in sub-subparagraph
1205	a. date on which the member first reaches his or her normal
1206	retirement date or the date to which he or she is eligible to
1207	defer his or her election to participate as provided in
1208	subparagraph (a)2. However, a member who has reached normal
1209	retirement date prior to the effective date of the DROP shall be
1210	eligible to participate in the DROP for a period of time not to
1211	exceed 60 calendar months or, with respect to members who are
1212	instructional personnel employed by the Florida School for the
1213	Deaf and the Blind and who have received authorization by the
1214	Board of Trustees of the Florida School for the Deaf and the
1215	Blind to participate in the DROP beyond 60 months, or who are
1216	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
1217	grades K-12 and who have received authorization by the district
1218	school superintendent to participate in the DROP beyond 60
1219	calendar months, 96 calendar months immediately following the
1220	effective date of the DROP, except a member of the Special Risk
1221	Class who has reached normal retirement date prior to the
1222	effective date of the DROP and whose total accrued value exceeds
1223	75 percent of average final compensation as of his or her
1224	effective date of retirement shall be eligible to participate in
1225	the DROP for no more than 36 calendar months immediately
1226	following the effective date of the DROP.
1227	2.  Upon deciding to participate in the DROP, the member
1228	shall submit, on forms required by the division:
1229	a.  A written election to participate in the DROP;
1230	b.  Selection of the DROP participation and termination
1231	dates, which satisfy the limitations stated in paragraph (a) and
1232	subparagraph 1. The Such termination date must shall be in a
1233	binding letter of resignation to with the employer, establishing
1234	a deferred termination date. The member may change the
1235	termination date within the limitations of subparagraph 1., but
1236	only with the written approval of the his or her employer;
1237	c.  A properly completed DROP application for service
1238	retirement as provided in this section; and
1239	d.  Any other information required by the division.
1240	3.  The DROP participant is shall be a retiree under the
1241	Florida Retirement System for all purposes, except for paragraph
1242	(5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053,
1243	and 121.122. DROP participation is final and cannot be canceled
1244	by the participant after the first payment is credited during
1245	the DROP participation period. However, participation in the
1246	DROP does not alter the participant's employment status and the
1247	member is such employee shall not be deemed retired from
1248	employment until his or her deferred resignation is effective
1249	and termination occurs as provided in s. 121.021(39).
1250	4.  Elected officers are shall be eligible to participate
1251	in the DROP subject to the following:
1252	a.  An elected officer who reaches normal retirement date
1253	during a term of office may defer the election to participate in
1254	the DROP until the next succeeding term in that office. An Such
1255	elected officer who exercises this option may participate in the
1256	DROP for up to 60 calendar months or a period of no longer than
1257	the such succeeding term of office, whichever is less.
1258	b.  An elected or a nonelected participant may run for a
1259	term of office while participating in DROP and, if elected,
1260	extend the DROP termination date accordingly, except, however,
1261	if such additional term of office exceeds the 60-month
1262	limitation established in subparagraph 1., and the officer does
1263	not resign from office within such 60-month limitation, the
1264	retirement and the participant's DROP is shall be null and void
1265	as provided in sub-subparagraph (c)5.d.
1266	c.(I)  For DROP participation ending before January 1,
1267	2009, an elected officer who is dually employed and elects to
1268	participate in DROP must shall be required to satisfy the
1269	definition of termination within the original 60-month period or
1270	maximum participation or, with respect to members who are
1271	instructional personnel employed by the Florida School for the
1272	Deaf and the Blind and who have received authorization by the
1273	Board of Trustees of the Florida School for the Deaf and the
1274	Blind to participate in the DROP beyond 60 months, or who are
1275	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
1276	grades K-12 and who have received authorization by the district
1277	school superintendent to participate in the DROP beyond 60
1278	months, the 96-month limitation period as provided in
1279	subparagraph 1. for the nonelected position and may continue
1280	employment as an elected officer as provided in s. 121.053. The
1281	elected officer shall will be enrolled as a renewed member in
1282	the Elected Officers' Class or the Regular Class, as provided in
1283	ss. 121.053 and 121.122, on the first day of the month after
1284	termination of employment in the nonelected position and
1285	termination of DROP. Distribution of the DROP benefits shall be
1286	made as provided in paragraph (c).
1287	(II)  For DROP participation ending on or after January 1,
1288	2009, an elected officer who is dually employed and elects to
1289	participate in DROP must satisfy the definition of termination
1290	in s. 121.021(39) within the original 60-month period or maximum
1291	period as provided in subparagraph 1.
1292	(c)  Benefits payable under the DROP.--
1293	1.  Effective on with the date of DROP participation, the
1294	member's initial normal monthly benefit, including creditable
1295	service, optional form of payment, and average final
1296	compensation, and the effective date of retirement are shall be
1297	fixed. The beneficiary established under the Florida Retirement
1298	System shall be the beneficiary eligible to receive any DROP
1299	benefits payable if the DROP participant dies prior to the
1300	completion of the period of DROP participation. If In the event
1301	a joint annuitant predeceases the member, the member may name a
1302	beneficiary to receive accumulated DROP benefits payable. The
1303	Such retirement benefit, the annual cost of living adjustments
1304	provided in s. 121.101, and interest shall accrue monthly in the
1305	Florida Retirement System Trust Fund. The Such interest shall
1306	accrue at an effective annual rate of 6.5 percent compounded
1307	monthly, on the prior month's accumulated ending balance, up to
1308	the month of termination or death.
1309	2.  Each employee who elects to participate in the DROP may
1310	shall be allowed to elect to receive a lump-sum payment for
1311	accrued annual leave earned in accordance with agency policy
1312	upon beginning participation in the DROP. The Such accumulated
1313	leave payment certified to the division upon commencement of
1314	DROP shall be included in the calculation of the member's
1315	average final compensation. The employee electing the such lump-
1316	sum payment is upon beginning participation in DROP will not be
1317	eligible to receive a second lump-sum payment upon termination,
1318	except to the extent the employee has earned additional annual
1319	leave which, combined with the original payment, does not exceed
1320	the maximum lump-sum payment allowed by the employing agency's
1321	policy or rules. An Such early lump-sum payment shall be based
1322	on the hourly wage of the employee at the time he or she begins
1323	participation in the DROP. If the member elects to wait and
1324	receive a such lump-sum payment upon termination of DROP and
1325	termination of employment with the employer, any accumulated
1326	leave payment made at that time may not cannot be included in
1327	the member's retirement benefit, which was determined and fixed
1328	by law when the employee elected to participate in the DROP.
1329	3.  The effective date of DROP participation and the
1330	effective date of retirement of a DROP participant shall be the
1331	first day of the month selected by the member to begin
1332	participation in the DROP, provided such date is properly
1333	established, with the written confirmation of the employer, and
1334	the approval of the division, on forms required by the division.
1335	4.  Normal retirement benefits and any interest thereon
1336	shall continue to accrue in the DROP until the established
1337	termination date of the DROP, or until the participant
1338	terminates employment or dies prior to such date. Although
1339	individual DROP accounts shall not be established, a separate
1340	accounting of each participant's accrued benefits under the DROP
1341	shall be calculated and provided to participants.
1342	5.  At the conclusion of the participant's DROP, the
1343	division shall distribute the participant's total accumulated
1344	DROP benefits, subject to the following provisions:
1345	a.  The division shall receive verification by the
1346	participant's employer or employers that the such participant
1347	has terminated employment as provided in s. 121.021(39)(b).
1348	b.  The terminated DROP participant or, if deceased, the
1349	such participant's named beneficiary, shall elect on forms
1350	provided by the division to receive payment of the DROP benefits
1351	in accordance with one of the options listed below. If For a
1352	participant or beneficiary who fails to elect a method of
1353	payment within 60 days of termination of the DROP, the division
1354	shall will pay a lump sum as provided in sub-sub-subparagraph
1355	(I).
1356	(I)  Lump sum.--All accrued DROP benefits, plus interest,
1357	less withholding taxes remitted to the Internal Revenue Service,
1358	shall be paid to the DROP participant or surviving beneficiary.
1359	(II)  Direct rollover.--All accrued DROP benefits, plus
1360	interest, shall be paid from the DROP directly to the custodian
1361	of an eligible retirement plan as defined in s. 402(c)(8)(B) of
1362	the Internal Revenue Code. However, in the case of an eligible
1363	rollover distribution to the surviving spouse of a deceased
1364	participant, an eligible retirement plan is an individual
1365	retirement account or an individual retirement annuity as
1366	described in s. 402(c)(9) of the Internal Revenue Code.
1367	(III)  Partial lump sum.--A portion of the accrued DROP
1368	benefits shall be paid to the DROP participant or surviving
1369	spouse, less withholding taxes remitted to the Internal Revenue
1370	Service, and the remaining DROP benefits shall be transferred
1371	directly to the custodian of an eligible retirement plan as
1372	defined in s. 402(c)(8)(B) of the Internal Revenue Code.
1373	However, in the case of an eligible rollover distribution to the
1374	surviving spouse of a deceased participant, an eligible
1375	retirement plan is an individual retirement account or an
1376	individual retirement annuity as described in s. 402(c)(9) of
1377	the Internal Revenue Code. The proportions shall be specified by
1378	the DROP participant or surviving beneficiary.
1379	c.  The form of payment selected by the DROP participant or
1380	surviving beneficiary must comply complies with the minimum
1381	distribution requirements of the Internal Revenue Code.
1382	d.  A DROP participant who fails to terminate employment as
1383	defined in s. 121.021(39)(b) shall be deemed as not to be
1384	retired, and the DROP election is shall be null and void.
1385	Florida Retirement System membership shall be reestablished
1386	retroactively to the date of the commencement of the DROP, and
1387	each employer with whom the participant continues employment
1388	must shall be required to pay to the Florida Retirement System
1389	Trust Fund the difference between the DROP contributions paid in
1390	paragraph (i) and the contributions required for the applicable
1391	Florida Retirement System class of membership during the period
1392	the member participated in the DROP, plus 6.5 percent interest
1393	compounded annually.
1394	6.  The retirement benefits of any DROP participant who
1395	meets the definition of termination in s. 121.021(39)(b), but is
1396	in violation of the reemployment provisions as provided in
1397	subsection (9), shall be suspended during those months in which
1398	the member is in violation. Any member employed in violation of
1399	this subparagraph and any employing agency that knowingly
1400	employs or appoints such member without notifying the Division
1401	of Retirement to suspend retirement benefits are jointly and
1402	severally liable for any benefits paid during the reemployment
1403	limitation period. To avoid liability, the employing agency must
1404	have a written statement from the retiree that he or she is not
1405	retired from a state-administered retirement system. Any
1406	retirement benefits received by a retired member while employed
1407	in violation of the reemployment limitations during the first 12
1408	months of retirement must be repaid to the Florida Retirement
1409	System Trust Fund, and his or her retirement benefits shall
1410	remain suspended until payment is made. Benefits suspended
1411	beyond the end of the retired member's first 12 calendar months
1412	after meeting the definition of termination in s. 121.021(39)(b)
1413	shall apply toward repayment of benefits received in violation
1414	of the reemployment limitations.
1415	7.6.  The accrued benefits of any DROP participant, and any
1416	contributions accumulated under the such program, are shall not
1417	be subject to assignment, execution, attachment, or to any legal
1418	process whatsoever, except for qualified domestic relations
1419	orders by a court of competent jurisdiction, income deduction
1420	orders as provided in s. 61.1301, and federal income tax levies.
1421	8.7.  DROP participants are shall not be eligible for
1422	disability retirement benefits as provided in subsection (4).
1423	(d)  Death benefits under the DROP.--
1424	1.  Upon the death of a DROP participant, the named
1425	beneficiary shall be entitled to apply for and receive the
1426	accrued benefits in the DROP as provided in sub-subparagraph
1427	(c)5.b.
1428	2.  The normal retirement benefit accrued to the DROP
1429	during the month of a participant's death shall be the final
1430	monthly benefit credited for such DROP participant.
1431	3.  Eligibility to participate in the DROP terminates upon
1432	death of the participant. If the participant dies on or after
1433	the effective date of enrollment in the DROP, but prior to the
1434	first monthly benefit being credited to the DROP, Florida
1435	Retirement System benefits shall be paid in accordance with
1436	subparagraph (7)(c)1. or subparagraph 2.
1437	4.  A DROP participants' survivors shall not be eligible to
1438	receive Florida Retirement System death benefits as provided in
1439	paragraph (7)(d).
1440	(e)  Cost-of-living adjustment.--On each July 1, the
1441	participants' normal retirement benefit shall be increased as
1442	provided in s. 121.101.
1443	(f)  Retiree health insurance subsidy.--DROP participants
1444	are not eligible to apply for the retiree health insurance
1445	subsidy payments as provided in s. 112.363 until such
1446	participants have terminated employment and participation in the
1447	DROP.
1448	(g)  Renewed membership.--DROP participants must meet the
1449	definition of termination in s. 121.021(39)(b) and must meet
1450	eligibility requirements shall not be eligible for renewed
1451	membership in the Florida Retirement System under ss. 121.053
1452	and 121.122 until termination of employment is effectuated as
1453	provided in s. 121.021(39)(b).
1454	(h)  Employment limitation after DROP participation.--Upon
1455	satisfying the definition of termination of employment as
1456	provided in s. 121.021(39)(b), DROP participants shall be
1457	subject to such reemployment limitations as other retirees.
1458	Reemployment restrictions applicable to retirees as provided in
1459	subsection (9) shall not apply to DROP participants until their
1460	employment and participation in the DROP are terminated.
1461	(i)  Contributions.--
1462	1.  All employers paying the salary of a DROP participant
1463	filling a regularly established position shall contribute 8.0
1464	percent of such participant's gross compensation for the period
1465	of July 1, 2002, through June 30, 2003, and 11.56 percent of
1466	such compensation thereafter, which shall constitute the entire
1467	employer DROP contribution with respect to such participant.
1468	Such contributions, payable to the System Trust Fund in the same
1469	manner as required in s. 121.071, shall be made as appropriate
1470	for each pay period and are in addition to contributions
1471	required for social security and the Retiree Health Insurance
1472	Subsidy Trust Fund. Such employer, social security, and health
1473	insurance subsidy contributions are not included in the DROP.
1474	2.  The employer shall, in addition to subparagraph 1.,
1475	also withhold one-half of the entire social security
1476	contribution required for the participant. Contributions for
1477	social security by each participant and each employer, in the
1478	amount required for social security coverage as now or hereafter
1479	provided by the federal Social Security Act, shall be in
1480	addition to contributions specified in subparagraph 1.
1481	3.  All employers paying the salary of a DROP participant
1482	filling a regularly established position shall contribute the
1483	percent of such participant's gross compensation required in s.
1484	121.071(4), which shall constitute the employer's health
1485	insurance subsidy contribution with respect to such participant.
1486	Such contributions shall be deposited by the administrator in
1487	the Retiree Health Insurance Subsidy Trust Fund.
1488	(j)  Forfeiture of retirement benefits.--Nothing in this
1489	section shall be construed to remove DROP participants from the
1490	scope of s. 8(d), Art. II of the State Constitution, s.
1491	112.3173, and paragraph (5)(f). DROP participants who commit a
1492	specified felony offense while employed will be subject to
1493	forfeiture of all retirement benefits, including DROP benefits,
1494	pursuant to those provisions of law.
1495	(k)  Administration of program.--The division shall make
1496	such rules as are necessary for the effective and efficient
1497	administration of this subsection. The division shall not be
1498	required to advise members of the federal tax consequences of an
1499	election related to the DROP but may advise members to seek
1500	independent advice.
1501	(14)  PAYMENT OF BENEFITS.--This subsection applies to the
1502	payment of benefits to a payee (retiree or beneficiary) under
1503	the Florida Retirement System:
1504	(a)  Federal income tax shall be withheld in accordance
1505	with federal law, unless the payee elects otherwise on Form W-
1506	4P. The division shall prepare and distribute to each recipient
1507	of monthly retirement benefits an appropriate income tax form
1508	that reflects the recipient's income and federal income tax
1509	withheld for the calendar year just ended.
1510	(b)  Subject to approval by the division in accordance with
1511	rule 60S-4.015, Florida Administrative Code, a payee receiving
1512	retirement benefits under the Florida Retirement system may also
1513	have the following payments deducted from his or her monthly
1514	benefit:
1515	1.  Premiums for life and health-related insurance policies
1516	from approved companies.
1517	2.  Life insurance premiums for the State Group Life
1518	Insurance Plan, if authorized in writing by the payee and by the
1519	department of Management Services.
1520	3.  Repayment of overpayments from the Florida Retirement
1521	System Trust Fund, the State Employees' Health Insurance Trust
1522	Fund, or the State Employees' Life Insurance Trust Fund, upon
1523	notification of the payee.
1524	4.  Payments to an alternate payee for alimony or, child
1525	support pursuant to an income deduction order under s. 61.1301,
1526	or division of marital assets pursuant to a qualified domestic
1527	relations order under s. 222.21 or an income deduction order
1528	under s. 61.1301.
1529	5.  Payments to the Internal Revenue Service for federal
1530	income tax levies, upon notification of the division by the
1531	Internal Revenue Service.
1532	(c)  A payee must shall notify the division of any change
1533	in his or her address. The division may suspend benefit payments
1534	to a payee if correspondence sent to the payee's mailing address
1535	is returned due to an incorrect address. Benefit payments shall
1536	be resumed upon notification to the division of the payee's new
1537	address.
1538	(d)  A payee whose retirement benefits are reduced by the
1539	application of maximum benefit limits under s. 415(b) of the
1540	Internal Revenue Code, as specified in s. 121.30(5), shall have
1541	the portion of his or her calculated benefit in the Florida
1542	Retirement System defined benefit plan which exceeds such
1543	federal limitation paid through the Florida Retirement System
1544	Preservation of Benefits Plan, as provided in s. 121.1001.
1545	(e).  The division may issue retirement benefits payable
1546	for division of marital assets pursuant to a qualified domestic
1547	relations order directly to the alternate payee, any court order
1548	to the contrary notwithstanding, in order to meet Internal
1549	Revenue Code requirements.
1550	(f)(e)  A No benefit may not be reduced for the purpose of
1551	preserving the member's eligibility for a federal program.
1552	(g)(f)  The division shall adopt rules establishing
1553	procedures for determining that the persons to whom benefits are
1554	being paid are still living. The division shall suspend the
1555	benefits being paid to any payee if when it is unable to contact
1556	such payee and to confirm that he or she is still living.
1557	Section 10.  Sections 121.093 and 121.094, Florida
1558	Statutes, are repealed.
1559	Section 11.  Section 121.1115, Florida Statutes, is amended
1560	to read:
1561	121.1115  Purchase of retirement credit for out-of-state or
1562	and federal service.--Effective January 1, 1995, a member of the
1563	Florida Retirement System may purchase creditable service for
1564	periods of public employment in another state and receive
1565	creditable service for such periods of employment. Service with
1566	the Federal Government, including any active military service,
1567	may be claimed. Upon completion of each year of service earned
1568	under the Florida Retirement System, a member may purchase up to
1569	1 year of retirement credit for his or her out-of-state service,
1570	subject to the following provisions:
1571	(1)  LIMITATIONS AND CONDITIONS.--To receive credit for the
1572	out-of-state service:
1573	(a)  The out-of-state service being claimed must have been:
1574	1.  Performed in a position of employment with the state or
1575	a political subdivision thereof or with the Federal Government;
1576	2.  Covered by a retirement or pension plan provided by the
1577	state or political subdivision, or by the Federal Government, as
1578	appropriate; and
1579	3.  Performed prior to a period of membership in the
1580	Florida Retirement System.
1581	(b)  The member must have completed a minimum of 6 years of
1582	creditable service under the Florida Retirement System,
1583	excluding out-of-state service and in-state service claimed and
1584	purchased under s. 121.1122.
1585	(c)  Not more than 5 years of creditable service may be
1586	claimed for creditable service aggregated under the provisions
1587	of this section and s. 121.1122.
1588	(d)  The out-of-state service credit claimed under this
1589	section shall be credited only as service in the Regular Class
1590	of membership, and any benefit or pension based thereon is shall
1591	be subject to the limitations and restrictions of s. 112.65.
1592	(e)  The member is not eligible for and may not receive a
1593	pension or benefit from a retirement or pension plan based on or
1594	including the out-of-state service. Eligibility for or the
1595	receipt of contributions to a retirement plan made by the
1596	employer on behalf of the employee is considered a benefit.
1597	(f)(e)  To receive A member shall be eligible to receive
1598	service credit for out-of-state service performed after leaving
1599	the Florida Retirement System, the member must complete only
1600	upon return to membership and completion of at least 1 year of
1601	creditable service in the Florida Retirement System following
1602	the out-of-state service.
1603	(2)  COST.--For each year claimed, the member must pay into
1604	the Florida Retirement System Trust Fund an amount equal to 20
1605	percent of the member's annual compensation for the first full
1606	work year of creditable service earned under the Florida
1607	Retirement System, but not less than $12,000, plus interest at
1608	6.5 percent compounded annually from the date of first annual
1609	salary earned until full payment is made. The employer may pay
1610	all or a portion of the cost of this service credit.
1611	Section 12.  Subsection (2) of section 121.1122, Florida
1612	Statutes, is amended to read:
1613	121.1122  Purchase of retirement credit for in-state public
1614	service and in-state service in accredited nonpublic schools and
1615	colleges, including charter schools and charter technical career
1616	centers.--Effective January 1, 1998, a member of the Florida
1617	Retirement System may purchase creditable service for periods of
1618	certain public or nonpublic employment performed in this state,
1619	as provided in this section.
1620	(2)  LIMITATIONS AND CONDITIONS.--
1621	(a)  A member is not eligible to receive credit for in-
1622	state service under this section until he or she has completed 6
1623	years of creditable service under the Florida Retirement System,
1624	excluding service purchased under this section and out-of-state
1625	service claimed and purchased under s. 121.1115.
1626	(b)  A member may not purchase and receive credit for more
1627	than 5 years of creditable service aggregated under the
1628	provisions of this section and s. 121.1115.
1629	(c)  Service credit claimed under this section shall be
1630	credited only as service in the Regular Class of membership and
1631	is shall be subject to the provisions of s. 112.65.
1632	(d)  Service credit may not be purchased under this section
1633	if the member is eligible to receive or is receiving a pension
1634	or benefit from a retirement or pension plan based on or
1635	including the service. Eligibility for or the receipt of
1636	contributions to a retirement plan made by the employer on
1637	behalf of the employee is considered a benefit.
1638	(e)(d)  A member is shall be eligible to receive service
1639	credit for in-state service performed after leaving the Florida
1640	Retirement System only after upon returning to membership and
1641	completing at least 1 year of creditable service in the Florida
1642	Retirement System following the in-state service.
1643	(f)(e)  The service claimed must have been service covered
1644	by a retirement or pension plan provided by the employer.
1645	Section 13.  Section 121.122, Florida Statutes, is amended
1646	to read:
1647	121.122  Renewed membership in system.--
1648	(1)  Any retiree of a state-administered retirement system
1649	who is initially reemployed on or after January 1, 2009, shall
1650	not be eligible for renewed membership.
1651	(2)  Except as provided in s. 121.053, effective July 1,
1652	1991, through December 31, 2008, any retiree of a state-
1653	administered retirement system who is initially reemployed
1654	employed in a regularly established position with a covered
1655	employer shall be enrolled as a compulsory member of the Regular
1656	Class of the Florida Retirement System or, effective July 1,
1657	1997, through December 31, 2008, any retiree of a state-
1658	administered retirement system who is initially reemployed
1659	employed in a position included in the Senior Management Service
1660	Class shall be enrolled as a compulsory member of the Senior
1661	Management Service Class of the Florida Retirement System as
1662	provided in s. 121.055, and shall be entitled to receive an
1663	additional retirement benefit, subject to the following
1664	conditions:
1665	(1)(a)  Such member shall resatisfy the age and service
1666	requirements as provided in this chapter for initial membership
1667	under the system, unless such member elects to participate in
1668	the Senior Management Service Optional Annuity Program in lieu
1669	of the Senior Management Service Class, as provided in s.
1670	121.055(6).
1671	(b)  Such member shall not be entitled to disability
1672	benefits as provided in s. 121.091(4).
1673	(c)  Such member must meet the reemployment after
1674	retirement limitations as provided in s. 121.091(9), as
1675	applicable.
1676	(3)(2)  Upon renewed membership or reemployment of a
1677	retiree, the employer of such member shall pay the applicable
1678	employer contributions as required by ss. 121.71, 121.74,
1679	121.76, and 112.363 121.055(3) and 121.071(1)(a) and (4).
1680	(4)(3)  The retiree of a state-administered retirement
1681	system who is initially reemployed before January 1, 2009, Such
1682	member shall be entitled to purchase additional retirement
1683	credit in the Regular Class or the Senior Management Service
1684	Class, as applicable, for any postretirement service performed
1685	in a regularly established position as follows:
1686	(a)  For regular class service prior to July 1, 1991, by
1687	paying the Regular Class applicable employee and employer
1688	contributions for the period being claimed, plus 4 percent
1689	interest compounded annually from first year of service claimed
1690	until July 1, 1975, and 6.5 percent interest compounded
1691	thereafter, until full payment is made to the Florida Retirement
1692	System Trust Fund; or
1693	(b)  For Senior Management Service Class prior to June 1,
1694	1997, as provided in s. 121.055(1)(j).
1695
1696	The contribution for postretirement service between July 1,
1697	1985, and July 1, 1991, for which the reemployed retiree
1698	contribution was paid, shall be the difference between such
1699	contribution and the total applicable contribution for the
1700	period being claimed, plus interest. The employer of such member
1701	may pay the applicable employer contribution in lieu of the
1702	member. If a member does not wish to claim credit for all of the
1703	postretirement service for which he or she is eligible, the
1704	service the member claims must be the most recent service.
1705	(5)(4)  No creditable service for which credit was
1706	received, or which remained unclaimed, at retirement may be
1707	claimed or applied toward service credit earned following
1708	renewed membership. However, for retirees initially reemployed
1709	before January 1, 2009, service earned as an elected officer
1710	with renewed membership in the Elected Officers' Class may be
1711	used in conjunction with creditable service earned under this
1712	section, provided the applicable vesting requirements and other
1713	existing statutory conditions required by this chapter are met.
1714	(6)(5)  Notwithstanding any other limitations provided in
1715	this section, a participant of the State University System
1716	Optional Retirement Program or the Senior Management Service
1717	Optional Annuity Program who terminated employment and received
1718	a distribution commenced receiving an annuity under the
1719	provisions of the optional program, who initially renews
1720	membership before January 1, 2009, in the Regular Class as
1721	required by this section upon reemployment after retirement, and
1722	who had previously earned creditable Florida Retirement System
1723	service that was not included in any retirement benefit may
1724	include such previous service toward vesting and service credit
1725	in the second career benefit provided under renewed membership.
1726	(7)(6)  Any renewed member who is not receiving the maximum
1727	health insurance subsidy provided in s. 112.363 shall be
1728	entitled to earn additional credit toward the maximum health
1729	insurance subsidy. Any additional subsidy due because of such
1730	additional credit shall be received only at the time of payment
1731	of the second career retirement benefit. In no case shall the
1732	total health insurance subsidy received by a retiree receiving
1733	benefits from initial and renewed membership exceed the maximum
1734	allowed in s. 112.363.
1735	Section 14.  Section 121.136, Florida Statutes, is amended
1736	to read:
1737	121.136  Annual benefit statement to members.--Beginning
1738	January 1, 1993, and Each January thereafter, the department
1739	shall provide each active member of the Florida Retirement
1740	System with 5 or more years of creditable service an annual
1741	statement of benefits which provides. Such statement should
1742	provide the member with basic data about the member's retirement
1743	account. At a minimum Minimally, it must shall include the
1744	member's retirement plan, accrued service credit the amount of
1745	funds on deposit in the retirement account, and an estimate of
1746	retirement benefits.
1747	Section 15.  Section 121.1905, Florida Statutes, is amended
1748	to read:
1749	121.1905  Division of Retirement; creation.--
1750	(1)  There is created the Division of Retirement within the
1751	Department of Management Services.
1752	(2)  The mission of the Division of Retirement is to
1753	provide quality and cost-effective retirement services as
1754	measured by member satisfaction and by comparison with
1755	administrative costs of comparable retirement systems.
1756	Section 16.  Paragraph (a) of subsection (2) of section
1757	121.23, Florida Statutes, is amended to read:
1758	121.23  Disability retirement and special risk membership
1759	applications; Retirement Commission; powers and duties; judicial
1760	review.--The provisions of this section apply to all proceedings
1761	in which the administrator has made a written final decision on
1762	the merits respecting applications for disability retirement,
1763	reexamination of retired members receiving disability benefits,
1764	applications for special risk membership, and reexamination of
1765	special risk members in the Florida Retirement System. The
1766	jurisdiction of the State Retirement Commission under this
1767	section shall be limited to written final decisions of the
1768	administrator on the merits.
1769	(2)  A member shall be entitled to a hearing before the
1770	State Retirement Commission pursuant to ss. 120.569 and
1771	120.57(1) on the merits of any written adverse decision of the
1772	administrator, if he or she files with the commission a written
1773	request for such hearing within 21 days after receipt of such
1774	written decision from the administrator. For the purpose of such
1775	hearings, the commission shall be an "agency head" as defined by
1776	s. 120.52.
1777	(a)  The commission may shall have the authority to issue
1778	orders as a result of the a hearing that are shall be binding on
1779	all parties to the dispute and. The commission may order any
1780	action that it deems appropriate. Any disability retirement
1781	order of the commission issued pursuant to this subsection which
1782	sustains the application of the member may include an amount, to
1783	be determined by the commission, for reasonable attorney's fees
1784	and taxable costs, which shall be calculated in accordance with
1785	the statewide uniform guidelines for taxation of costs in civil
1786	actions. The amount of the attorney's fee may not exceed 50
1787	percent of the initial yearly benefit awarded under s.
1788	121.091(4). In cases involving disability retirement, the State
1789	Retirement commission shall require the member to present
1790	competent substantial medical evidence and meet the requirements
1791	of s. 121.091(4)(c)2. and 3., and may require vocational
1792	evidence, before awarding disability retirement benefits.
1793	Section 17.  Paragraph (a) of subsection (1) of section
1794	121.24, Florida Statutes, is amended to read:
1795	121.24  Conduct of commission business; legal and other
1796	assistance; compensation.--
1797	(1)  The commission shall conduct its business within the
1798	following guidelines:
1799	(a)  For purposes of hearing appeals under s. 121.23, the
1800	commission may meet in panels consisting of no not fewer than
1801	three members. For the purpose of meeting in these panels, a
1802	quorum shall be not fewer than two members. For all other
1803	purposes, A quorum shall consist of three members. The
1804	concurring vote of a majority of the members present is shall be
1805	required to reach a decision, issue orders, and conduct the
1806	business of the commission.
1807	Section 18.  Paragraph (e) of subsection (5) of section
1808	121.35, Florida Statutes, is amended to read:
1809	121.35  Optional retirement program for the State
1810	University System.--
1811	(5)  BENEFITS.--
1812	(e)  A participant who chooses to receive his or her
1813	benefits upon termination of employment as defined in s.
1814	121.021(39) shall have responsibility to notify the provider
1815	company of the date on which he or she wishes benefits funded by
1816	employer contributions to begin. Benefits may be deferred until
1817	such time as the participant chooses to make such application.
1818	Section 19.  Section 121.45, Florida Statutes, is repealed.
1819	Section 20.  Paragraph (f) of subsection (2) of section
1820	121.4501, Florida Statutes, is amended to read:
1821	121.4501  Public Employee Optional Retirement Program.--
1822	(2)  DEFINITIONS.--As used in this part, the term:
1823	(f)  "Eligible employee" means an officer or employee, as
1824	defined in s. 121.021(11), who:
1825	1.  Is a member of, or is eligible for membership in, the
1826	Florida Retirement System, including any renewed member of the
1827	Florida Retirement System initially enrolled before January 1,
1828	2009; or
1829	2.  Participates in, or is eligible to participate in, the
1830	Senior Management Service Optional Annuity Program as
1831	established under s. 121.055(6), the State Community College
1832	Optional Retirement Program as established under s.
1833	121.051(2)(c), or the State University System Optional
1834	Retirement Program established under s. 121.35.
1835
1836	The term does not include any member participating in the
1837	Deferred Retirement Option Program established under s.
1838	121.091(13), a retiree of a state-administered retirement system
1839	initially reemployed on or after January 1, 2009, or a mandatory
1840	participant of the State University System Optional Retirement
1841	Program established under s. 121.35.
1842	Section 21.  Paragraph (b) of subsection (1) of section
1843	121.591, Florida Statutes, is amended to read:
1844	121.591  Benefits payable under the Public Employee
1845	Optional Retirement Program of the Florida Retirement
1846	System.--Benefits may not be paid under this section unless the
1847	member has terminated employment as provided in s.
1848	121.021(39)(a) or is deceased and a proper application has been
1849	filed in the manner prescribed by the state board or the
1850	department. The state board or department, as appropriate, may
1851	cancel an application for retirement benefits when the member or
1852	beneficiary fails to timely provide the information and
1853	documents required by this chapter and the rules of the state
1854	board and department. In accordance with their respective
1855	responsibilities as provided herein, the State Board of
1856	Administration and the Department of Management Services shall
1857	adopt rules establishing procedures for application for
1858	retirement benefits and for the cancellation of such application
1859	when the required information or documents are not received. The
1860	State Board of Administration and the Department of Management
1861	Services, as appropriate, are authorized to cash out a de
1862	minimis account of a participant who has been terminated from
1863	Florida Retirement System covered employment for a minimum of 6
1864	calendar months. A de minimis account is an account containing
1865	employer contributions and accumulated earnings of not more than
1866	$5,000 made under the provisions of this chapter. Such cash-out
1867	must either be a complete lump-sum liquidation of the account
1868	balance, subject to the provisions of the Internal Revenue Code,
1869	or a lump-sum direct rollover distribution paid directly to the
1870	custodian of an eligible retirement plan, as defined by the
1871	Internal Revenue Code, on behalf of the participant. If any
1872	financial instrument issued for the payment of retirement
1873	benefits under this section is not presented for payment within
1874	180 days after the last day of the month in which it was
1875	originally issued, the third-party administrator or other duly
1876	authorized agent of the State Board of Administration shall
1877	cancel the instrument and credit the amount of the instrument to
1878	the suspense account of the Public Employee Optional Retirement
1879	Program Trust Fund authorized under s. 121.4501(6). Any such
1880	amounts transferred to the suspense account are payable upon a
1881	proper application, not to include earnings thereon, as provided
1882	in this section, within 10 years after the last day of the month
1883	in which the instrument was originally issued, after which time
1884	such amounts and any earnings thereon shall be forfeited. Any
1885	such forfeited amounts are assets of the Public Employee
1886	Optional Retirement Program Trust Fund and are not subject to
1887	the provisions of chapter 717.
1888	(1)  NORMAL BENEFITS.--Under the Public Employee Optional
1889	Retirement Program:
1890	(b)  If a participant elects to receive his or her benefits
1891	upon termination of employment as defined in s. 121.021(39), the
1892	participant must submit a written application or an equivalent
1893	form to the third-party administrator indicating his or her
1894	preferred distribution date and selecting an authorized method
1895	of distribution as provided in paragraph (c). The participant
1896	may defer receipt of benefits until he or she chooses to make
1897	such application, subject to federal requirements.
1898	Section 22.  Subsection (8) of section 1012.33, Florida
1899	Statutes, is amended to read:
1900	1012.33  Contracts with instructional staff, supervisors,
1901	and school principals.--
1902	(8)  Notwithstanding any other provision of law, a retired
1903	any member who has retired may interrupt retirement and be
1904	reemployed in any public school. A Any member so reemployed by
1905	the same district from which he or she retired may be employed
1906	on a probationary contractual basis as provided in subsection
1907	(1); however, no regular retirement employee shall be eligible
1908	to renew membership under a retirement system created by chapter
1909	121 or chapter 238.
1910	Section 23.  Paragraph (a) of subsection (4) of section
1911	121.35, Florida Statutes, is amended, and paragraph (g) is added
1912	to that subsection, to read:
1913	121.35  Optional retirement program for the State
1914	University System.--
1915	(4)  CONTRIBUTIONS.--
1916	(a)  Through June 30, 2001, each employer shall contribute
1917	on behalf of each participant in the optional retirement program
1918	an amount equal to the normal cost portion of the employer
1919	retirement contribution which would be required if the
1920	participant were a regular member of the Florida Retirement
1921	System defined benefit program, plus the portion of the
1922	contribution rate required in s. 112.363(8) that would otherwise
1923	be assigned to the Retiree Health Insurance Subsidy Trust Fund.
1924	Effective July 1, 2001, each employer shall contribute on behalf
1925	of each participant in the optional program an amount equal to
1926	10.43 percent of the participant's gross monthly compensation.
1927	The department shall deduct an amount approved by the
1928	Legislature to provide for the administration of this program.
1929	The payment of the contributions to the optional program which
1930	is required by this paragraph for each participant shall be made
1931	by the employer to the department, which shall forward the
1932	contributions to the designated company or companies contracting
1933	for payment of benefits for the participant under the program.
1934	However, such contributions paid on behalf of an employee
1935	described in paragraph (3)(c) shall not be forwarded to a
1936	company and shall not begin to accrue interest until the
1937	employee has executed a an annuity contract and notified the
1938	department.
1939	(g)  Effective July 1, 2008, for purposes of paragraph (a)
1940	and notwithstanding s. 121.021(22)(b)1., the term "participant's
1941	gross monthly compensation" includes salary payments made to
1942	eligible clinical faculty from a state university using funds
1943	provided by a faculty practice plan authorized by the Board of
1944	Governors of the State University System if:
1945	1.  There is not any employer contribution from the state
1946	university to any other retirement program with respect to such
1947	salary payments; and
1948	2.  The employer contribution on behalf of the participant
1949	in the optional retirement program with respect to such salary
1950	payments is made using funds provided by the faculty practice
1951	plan.
1952	Section 24.  Section 121.355, Florida Statutes, is created
1953	to read:
1954	121.355  Community College Optional Retirement Program and
1955	State University System Optional Retirement Program member
1956	transfer.--Effective January 1, 2009, through December 31, 2009,
1957	an employee who is a former participant in the Community College
1958	Optional Retirement Program or the State University System
1959	Optional Retirement Program and present mandatory participant in
1960	the Florida Retirement System defined benefit plan may receive
1961	service credit equal to his or her years of service under the
1962	Community College Optional Retirement Program or the State
1963	University System Optional Retirement Program under the
1964	following conditions:
1965	(1)  The cost for such credit shall be an amount
1966	representing the actuarial accrued liability for the affected
1967	period of service. The cost shall be calculated using the
1968	discount rate and other relevant actuarial assumptions that were
1969	used to value the Florida Retirement System defined benefit plan
1970	liabilities in the most recent actuarial valuation. The
1971	calculation shall include any service already maintained under
1972	the defined benefit plan in addition to the years under the
1973	Community College Optional Retirement Program or the State
1974	University System Optional Retirement Program. The actuarial
1975	accrued liability of any service already maintained under the
1976	defined benefit plan shall be applied as a credit to total cost
1977	resulting from the calculation. The division shall ensure that
1978	the transfer sum is prepared using a formula and methodology
1979	certified by an enrolled actuary.
1980	(2)  The employee must transfer from his or her Community
1981	College Optional Retirement Program account or State University
1982	System Optional Retirement Program account, subject to the terms
1983	of the applicable optional retirement program contract, and from
1984	other employee moneys as necessary, a sum representing the
1985	actuarial accrued liability immediately following the time of
1986	such movement, determined assuming that attained service equals
1987	the sum of service in the defined benefit program and service in
1988	the Community College Optional Retirement Program or State
1989	University System Optional Retirement Program.
1990	(3)  The employee may not receive service credit for a
1991	period of mandatory participation in the State University
1992	Optional Retirement Program or for a period for which a
1993	distribution was received from the Community College Optional
1994	Retirement Program or State University System Optional
1995	Retirement Program.
1996	Section 25.  Sections 121.093, 121.094, and 121.45, Florida
1997	Statutes, are repealed.
1998	Section 26.  The Legislature finds that a proper and
1999	legitimate state purpose is served when employees and retirees
2000	of the state and its political subdivisions, as well as the
2001	dependents, survivors, and beneficiaries of such employees and
2002	retiree, are extended the basic protections afforded by
2003	governmental retirement systems that provide fair and adequate
2004	benefits and that are managed, administered, and funded in an
2005	actuarially sound manner as required by s. 14, Art. X of the
2006	State Constitution, and part VII of chapter 112, Florida
2007	Statutes. Therefore, the Legislature determines and declares
2008	that the amendment of s. 121.091, Florida Statutes, by this act
2009	fulfills an important state interest.
2010	Section 27.  This act shall take effect January 1, 2009.
2011
2012	-----------------------------------------------------
2013	T I T L E  A M E N D M E N T
2014	Remove the entire title and insert:
2015	A bill to be entitled
2016	An act relating to retirement; amending s. 121.021, F.S.;
2017	redefining the terms "employer," "officer or employee,"
2018	"past service," "compensation," "normal retirement date,"
2019	"regularly established position," "termination," and
2020	"temporary position"; defining the terms "state board" and
2021	"trustees"; amending s. 121.031, F.S.; requiring
2022	promotional materials that refer to the Florida Retirement
2023	System to include a disclaimer unless approval is obtained
2024	from the Department of Management Services; amending s.
2025	121.051, F.S.; conforming a cross-reference; revising
2026	provisions relating to participation in the system;
2027	requiring that a person appointed to a faculty position at
2028	a state university having a faculty practice plan
2029	participate in the optional retirement program of the
2030	State University System rather than the Florida Retirement
2031	System; providing definitions; excluding the participation
2032	of entities under a lease agreement; excluding the
2033	participation of prisoners and inmates in the system;
2034	amending s. 121.052, F.S.; changing the dates for when a
2035	governing body of a municipality or special district may
2036	elect to designate its elected positions for inclusion in
2037	the Elected Officers' Class; amending s. 121.053, F.S.;
2038	revising provisions relating to participation in the
2039	Elected Officers' Class for retired members; amending s.
2040	121.055, F.S.; revising provisions relating to
2041	participation in the Senior Management Service Class;
2042	amending s. 121.071, F.S.; expanding the mechanisms for
2043	employees to pay contributions to the system; amending s.
2044	121.081, F.S.; revising provisions relating to receiving
2045	credit for past or prior service; prohibiting a member
2046	from receiving credit for service covered and reported by
2047	both a public employer and a private employer; amending s.
2048	121.091, F.S.; revising provisions relating to retirement
2049	benefits; revising limitations on the payment of
2050	retirement benefits for certain retired persons who are
2051	reemployed by an employer participating in a state-
2052	administered retirement system; deleting a restriction on
2053	the reemployment of certain personnel by the Florida
2054	School for the Deaf and the Blind; extending the period of
2055	time that instructional personnel employed by a
2056	developmental research school may participate in the
2057	Deferred Retirement Option Program; prohibiting certain
2058	persons holding public office from electing to retire
2059	while continuing employment in that elected office;
2060	deleting a provision authorizing an employing agency to
2061	reemploy a retired member as a firefighter or paramedic
2062	after a specified period; providing certain limitations
2063	for DROP participants; clarifying that DROP participation
2064	cannot be canceled; authorizing the Division of Retirement
2065	to issue benefits directly to the alternate payee pursuant
2066	to an income deduction order or a qualified domestic
2067	relations order; providing for the suspension of DROP
2068	benefits to a participant who is reemployed; deleting
2069	obsolete provisions; authorizing the Division of
2070	Retirement to issue benefits pursuant to a qualified
2071	domestic relations order directly to the alternate payee;
2072	amending s. 121.1115, F.S.; revising provisions relating
2073	to receiving retirement credit for out-of-state service;
2074	providing that a member is not eligible for and may not
2075	receive a benefit based on that service; amending s.
2076	121.1122, F.S.; revising provisions relating to receiving
2077	retirement credit for in-state service; providing that a
2078	member may not be eligible for or receiving a benefit
2079	based on service; amending s. 121.122, F.S.; providing
2080	that certain persons are ineligible for renewed membership
2081	in the Florida Retirement System; amending s. 121.136,
2082	F.S.; revising provisions relating to the annual statement
2083	of benefits provided to certain active members of the
2084	Florida Retirement System; amending s. 121.1905, F.S.;
2085	deleting provision describing the mission of the Division
2086	of Retirement; amending s. 121.23, F.S.; requiring the
2087	State Retirement Commission to meet the same requirements
2088	used by the Secretary of Management Services before
2089	approving a disability retirement benefit; amending s.
2090	121.24, F.S.; requiring a quorum of three members for all
2091	appeal hearings held by the State Retirement Commission;
2092	amending s. 1012.33, F.S.; deleting the provision
2093	preventing persons who have retired from the public school
2094	system from renewing membership in the Florida Retirement
2095	System upon reemployment by the school system; amending s.
2096	121.35, F.S.; requiring the participating employee in the
2097	optional retirement program to execute a contract, not
2098	just an annuity contract, with a designated company in
2099	order for employee contributions to be forwarded to the
2100	company and for interest to accrue; defining the term
2101	"participant's gross monthly compensation" for purposes of
2102	the optional retirement program for the State University
2103	System; providing a cross-reference; creating s. 121.355,
2104	F.S.; authorizing certain former participants in the
2105	Community College Optional Retirement Program or the State
2106	University System Optional Retirement Program and present
2107	mandatory participants in the Florida Retirement System to
2108	receive a specified amount of service credit under certain
2109	conditions; providing a specified time period for the
2110	election of such transfer; limiting certain service
2111	credit; amending s. 121.4501, F.S.; revising the
2112	definition of the term "eligible employee" for purposes of
2113	the Public Employee Optional Retirement Program; amending
2114	s. 121.591, F.S.; providing a cross-reference; repealing
2115	s. 121.093, F.S., relating to instructional personnel
2116	reemployment after retirement from the developmental
2117	research school or the Florida School for the Deaf and the
2118	Blind; repealing s. 121.094, F.S., relating to
2119	instructional personnel reemployment after retirement from
2120	a charter school; repealing s. 121.45, F.S., relating to
2121	interstate compacts relating to pension portability;
2122	providing a declaration of important state interest;
2123	providing an effective date.

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