Florida Senate - 2009                      CS for CS for SB 1182
       
       
       
       By the Committees on Ethics and Elections; and Community
       Affairs; and Senators Fasano, Gaetz, and Dockery
       
       
       
       582-04470-09                                          20091182c2
    1                        A bill to be entitled                      
    2         An act relating to the state retirement system;
    3         amending s. 121.021, F.S.; defining the term
    4         “retiree”; amending s. 121.051, F.S.; conforming a
    5         cross-reference; clarifying when a State Community
    6         College System Optional Retirement Program participant
    7         is considered a retiree; amending s. 121.053, F.S.;
    8         revising membership criteria for renewed elected
    9         officials; amending s. 121.055, F.S.; revising benefit
   10         payment procedures for the Senior Management Service
   11         Optional Annuity Program; clarifying when a
   12         participant is considered retired; amending s.
   13         121.091, F.S.; revising and clarifying provisions
   14         relating to retirement benefits; deleting a
   15         restriction on the reemployment of certain personnel
   16         by the Florida School for the Deaf and the Blind;
   17         extending the period of time that instructional
   18         personnel employed by a developmental research school
   19         may participate in the Deferred Retirement Option
   20         Program (DROP); authorizing developmental research
   21         school and charter schools to reemploy certain
   22         retirees under specified conditions; providing
   23         applicability; clarifying that DROP participation
   24         cannot be canceled; clarifying maximum DROP
   25         participation; providing for the suspension of DROP
   26         benefits to a participant who is reemployed; deleting
   27         obsolete provisions; amending s. 121.122, F.S.;
   28         revising conditions under which a retiree is entitled
   29         to certain additional retirement benefits; amending s.
   30         121.35, F.S.; revising a compulsory membership
   31         exception for certain members failing to elect
   32         membership in the optional retirement program;
   33         amending s. 121.4501, F.S.; defining the term
   34         “retiree” for purposes of the State University System
   35         Optional Retirement Program; amending s. 121.591,
   36         F.S.; conforming provisions; repealing ss. 121.093 and
   37         121.094, F.S., relating to instructional personnel
   38         reemployment after retirement from a developmental
   39         research school or the Florida School for the Deaf and
   40         the Blind, the provisions of which are reenacted in s.
   41         121.091, F.S., and relating to instructional personnel
   42         reemployment after retirement from a charter school,
   43         the provisions of which are reenacted in s. 121.091,
   44         F.S., respectively; providing a declaration of
   45         important state interest; requiring the Department of
   46         Management Services to request an actuarial study to
   47         determine the effect of this act on employer
   48         contributions and to notify the Governor and
   49         Legislature of the results; providing a contingent
   50         effective date.
   51  
   52  Be It Enacted by the Legislature of the State of Florida:
   53  
   54         Section 1. Subsection (60) of section 121.021, Florida
   55  Statutes, is amended to read:
   56         121.021 Definitions.—The following words and phrases as
   57  used in this chapter have the respective meanings set forth
   58  unless a different meaning is plainly required by the context:
   59         (60) “Retiree” means:
   60         (a) A former member of the Florida Retirement System or an
   61  existing system who has terminated employment and is receiving
   62  benefit payments from the system in which he or she was a
   63  member. The This term also includes a person who retired and is
   64  receiving benefits under s. 112.05 and a retiree under the
   65  Public Employee Optional Retirement Program defined in s.
   66  121.4501(2).
   67         (b)A former participant who has received a distribution
   68  from the State Community College Optional Retirement Program as
   69  defined in s. 121.051(2)(c), the Senior Management Service
   70  Optional Annuity Program as defined in s. 121.055(6), an
   71  alternative program for local agency employer senior managers
   72  who withdrew from the Florida Retirement System under s.
   73  121.055(1)(b), or the State University System Retirement
   74  Optional Retirement Program as defined in s. 121.35(5)(g). The
   75  term “distribution” means receiving funds that include employer
   76  contributions and associated earnings, whether received as a
   77  full or partial rollover, or trustee-to-trustee transfer, lump
   78  sum payment, periodic payment, annuity payment, or any
   79  combination of these payment methods.
   80         Section 2. Paragraph (a) of subsection (1) and paragraphs
   81  (c) and (f) of subsection (2) of section 121.051, Florida
   82  Statutes, are amended to read:
   83         121.051 Participation in the system.—
   84         (1) COMPULSORY PARTICIPATION.—
   85         (a) The provisions of this law are shall be compulsory as
   86  to all officers and employees, except elected officers who meet
   87  the requirements of s. 121.052(3), who are employed on or after
   88  December 1, 1970, by of an employer other than those referred to
   89  in paragraph (2)(b), and each officer or employee, as a
   90  condition of employment, shall become a member of the system as
   91  of his or her date of employment, except that a person who is
   92  retired from any state retirement system and is reemployed on or
   93  after December 1, 1970, may not renew his or her membership in
   94  any state retirement system except as provided in s.
   95  121.091(4)(h) for a person who recovers from disability, and as
   96  provided in s. 121.091(9)(b) s. 121.091(9)(b)8. for a person who
   97  is elected to public office, and, effective July 1, 1991, as
   98  provided in s. 121.122 for all other retirees. Officers and
   99  employees of the University Athletic Association, Inc., a
  100  nonprofit association connected with the University of Florida,
  101  employed on and after July 1, 1979, may shall not participate in
  102  any state-supported retirement system.
  103         1. Any person appointed on or after July 1, 1989, to a
  104  faculty position in a college at the J. Hillis Miller Health
  105  Center at the University of Florida or the Medical Center at the
  106  University of South Florida which has a faculty practice plan
  107  provided by rule adopted by the Board of Regents may not
  108  participate in the Florida Retirement System. Effective July 1,
  109  2008, any person appointed thereafter to a faculty position,
  110  including clinical faculty, in a college at a state university
  111  that has a faculty practice plan authorized by the Board of
  112  Governors may not participate in the Florida Retirement System.
  113  A faculty member so appointed shall participate in the optional
  114  retirement program for the State University System
  115  notwithstanding the provisions of s. 121.35(2)(a).
  116         2. For purposes of this paragraph, the term “faculty
  117  position” means is defined as a position assigned the principal
  118  responsibility of teaching, research, or public service
  119  activities or administrative responsibility directly related to
  120  the academic mission of the college. The term “clinical faculty”
  121  means is defined as a faculty position appointment in
  122  conjunction with a professional position in a hospital or other
  123  clinical environment at a college. The term “faculty practice
  124  plan” includes professional services to patients, institutions,
  125  or other parties which are rendered by the clinical faculty
  126  employed by a college that has a faculty practice plan at a
  127  state university authorized by the Board of Governors.
  128         (2) OPTIONAL PARTICIPATION.—
  129         (c) Employees of public community colleges or charter
  130  technical career centers sponsored by public community colleges,
  131  as designated in s. 1000.21(3), who are members of the Regular
  132  Class of the Florida Retirement System and who comply with the
  133  criteria set forth in this paragraph and in s. 1012.875 may
  134  elect, in lieu of participating in the Florida Retirement
  135  System, to withdraw from the Florida Retirement system
  136  altogether and participate in an optional retirement program
  137  provided by the employing agency under s. 1012.875, to be known
  138  as the State Community College System Optional Retirement
  139  Program. Pursuant thereto:
  140         1. Through June 30, 2001, the cost to the employer for such
  141  annuity equals shall equal the normal cost portion of the
  142  employer retirement contribution which would be required if the
  143  employee were a member of the Regular Class defined benefit
  144  program, plus the portion of the contribution rate required by
  145  s. 112.363(8) which that would otherwise be assigned to the
  146  Retiree Health Insurance Subsidy Trust Fund. Effective July 1,
  147  2001, each employer shall contribute on behalf of each
  148  participant in the optional program an amount equal to 10.43
  149  percent of the participant’s gross monthly compensation. The
  150  employer shall deduct an amount to provide for the
  151  administration of the optional retirement program. The employer
  152  providing the optional program shall contribute an additional
  153  amount to the Florida Retirement System Trust Fund equal to the
  154  unfunded actuarial accrued liability portion of the Regular
  155  Class contribution rate.
  156         2. The decision to participate in such an optional
  157  retirement program is shall be irrevocable for as long as the
  158  employee holds a position eligible for participation, except as
  159  provided in subparagraph 3. Any service creditable under the
  160  Florida Retirement System is shall be retained after the member
  161  withdraws from the Florida Retirement system; however,
  162  additional service credit in the Florida Retirement System may
  163  shall not be earned while a member of the optional retirement
  164  program.
  165         3. An employee who has elected to participate in the
  166  optional retirement program shall have one opportunity, at the
  167  employee’s discretion, to choose to transfer from the optional
  168  retirement program to the defined benefit program of the Florida
  169  Retirement System or to the Public Employee Optional Retirement
  170  Program, subject to the terms of the applicable optional
  171  retirement program contracts.
  172         a. If the employee chooses to move to the Public Employee
  173  Optional Retirement Program, any contributions, interest, and
  174  earnings creditable to the employee under the State Community
  175  College System Optional Retirement Program must shall be
  176  retained by the employee in the State Community College System
  177  Optional Retirement Program, and the applicable provisions of s.
  178  121.4501(4) shall govern the election.
  179         b. If the employee chooses to move to the defined benefit
  180  program of the Florida Retirement System, the employee shall
  181  receive service credit equal to his or her years of service
  182  under the State Community College System Optional Retirement
  183  Program.
  184         (I) The cost for such credit is the shall be an amount
  185  representing the present value of that employee’s accumulated
  186  benefit obligation for the affected period of service. The cost
  187  shall be calculated as if the benefit commencement occurs on the
  188  first date the employee becomes would become eligible for
  189  unreduced benefits, using the discount rate and other relevant
  190  actuarial assumptions that were used to value the Florida
  191  Retirement System defined benefit plan liabilities in the most
  192  recent actuarial valuation. The calculation must shall include
  193  any service already maintained under the defined benefit plan in
  194  addition to the years under the State Community College System
  195  Optional Retirement Program. The present value of any service
  196  already maintained must under the defined benefit plan shall be
  197  applied as a credit to total cost resulting from the
  198  calculation. The division shall ensure that the transfer sum is
  199  prepared using a formula and methodology certified by an
  200  enrolled actuary.
  201         (II) The employee must transfer from his or her State
  202  Community College System Optional Retirement Program account and
  203  from other employee moneys as necessary, a sum representing the
  204  present value of that employee’s accumulated benefit obligation
  205  immediately following the time of such movement, determined
  206  assuming that attained service equals the sum of service in the
  207  defined benefit program and service in the State Community
  208  College System Optional Retirement Program.
  209         4. Participation in the optional retirement program is
  210  shall be limited to those employees who satisfy the following
  211  eligibility criteria:
  212         a. The employee must be otherwise eligible for membership
  213  or renewed membership in the Regular Class of the Florida
  214  Retirement System, as provided in s. 121.021(11) and (12) or s.
  215  121.122.
  216         b. The employee must be employed in a full-time position
  217  classified in the Accounting Manual for Florida’s Public
  218  Community Colleges as:
  219         (I) Instructional; or
  220         (II) Executive Management, Instructional Management, or
  221  Institutional Management, if a community college determines that
  222  recruiting to fill a vacancy in the position is to be conducted
  223  in the national or regional market, and:
  224         (A) The duties and responsibilities of the position include
  225  either the formulation, interpretation, or implementation of
  226  policies; or
  227         (B) The duties and responsibilities of the position include
  228  the performance of functions that are unique or specialized
  229  within higher education and that frequently involve the support
  230  of the mission of the community college.
  231         c. The employee must be employed in a position not included
  232  in the Senior Management Service Class of the Florida Retirement
  233  System, as described in s. 121.055.
  234         5. A participant who receives a program distribution,
  235  including a rollover or trustee-to-trustee transfer, funded by
  236  employer contributions shall be deemed to be retired from a
  237  state-administered retirement system if the participant is
  238  subsequently employed by an employer that participates in the
  239  Florida Retirement System. Participants in the program are
  240  subject to the same reemployment limitations, renewed membership
  241  provisions, and forfeiture provisions as are applicable to
  242  regular members of the Florida Retirement System under ss.
  243  121.091(9), 121.122, and 121.091(5), respectively.
  244         6. Eligible community college employees are shall be
  245  compulsory members of the Florida Retirement System until,
  246  pursuant to the procedures set forth in s. 1012.875, a written
  247  election to withdraw from the Florida Retirement system and to
  248  participate in the State Community College System Optional
  249  Retirement Program is filed with the program administrator and
  250  received by the division.
  251         a. A Any community college employee whose program
  252  eligibility results from initial employment must shall be
  253  enrolled in the State Community College System Optional
  254  Retirement Program retroactive to the first day of eligible
  255  employment. The employer retirement contributions paid through
  256  the month of the employee plan change shall be transferred to
  257  the community college to for the employee’s optional program
  258  account, and, effective the first day of the next month, the
  259  employer shall pay the applicable contributions based upon
  260  subparagraph 1.
  261         b. Any community college employee whose program eligibility
  262  is results from a change in status due to the subsequent
  263  designation of the employee’s position as one of those specified
  264  in subparagraph 4. or due to the employee’s appointment,
  265  promotion, transfer, or reclassification to a position specified
  266  in subparagraph 4. must shall be enrolled in the program on upon
  267  the first day of the first full calendar month that such change
  268  in status becomes effective. The employer retirement
  269  contributions paid from the effective date through the month of
  270  the employee plan change must shall be transferred to the
  271  community college to for the employee’s optional program
  272  account, and, effective the first day of the next month, the
  273  employer shall pay the applicable contributions based upon
  274  subparagraph 1.
  275         7. Effective July 1, 2003, through December 31, 2008, any
  276  participant of the State Community College System Optional
  277  Retirement Program who has service credit in the defined benefit
  278  plan of the Florida Retirement System for the period between his
  279  or her first eligibility to transfer from the defined benefit
  280  plan to the optional retirement program and the actual date of
  281  transfer may, during his or her employment, elect to transfer to
  282  the optional retirement program a sum representing the present
  283  value of the accumulated benefit obligation under the defined
  284  benefit retirement program for the such period of service
  285  credit. Upon such transfer, all such service credit previously
  286  earned under the defined benefit program of the Florida
  287  Retirement System during this period is shall be nullified for
  288  purposes of entitlement to a future benefit under the defined
  289  benefit program of the Florida Retirement System.
  290         (f)1. If Whenever an employer that participates in the
  291  Florida Retirement System undertakes the transfer, merger, or
  292  consolidation of governmental services or functions, the
  293  employer must notify the department at least 60 days before
  294  prior to such action and shall provide documentation as required
  295  by the department.
  296         2. If When the agency to which a member’s employing unit is
  297  transferred, merged, or consolidated does not participate in the
  298  Florida Retirement System, a member may shall elect in writing
  299  to remain in the Florida Retirement System or to transfer to the
  300  local retirement system operated by the such agency. If the such
  301  agency does not participate in a local retirement system, the
  302  member shall continue membership in the Florida Retirement
  303  System. In either case, the membership continues shall continue
  304  for as long as the member is employed by the agency to which his
  305  or her unit was transferred, merged, or consolidated.
  306         Section 3. Subsections (1) and (2) of section 121.053,
  307  Florida Statutes, are amended to read:
  308         121.053 Participation in the Elected Officers’ Class for
  309  retired members.—
  310         (1)(a)1.A retiree of a state-administered retirement
  311  system who initially serves in an elective office in a regularly
  312  established position with a covered employer on or after January
  313  1, 2010, may not enroll in the Florida Retirement System as a
  314  renewed member.
  315         2.An elected officer who is elected or appointed to an
  316  elective office and is participating in the Deferred Retirement
  317  Option Program is subject to termination as provided in s.
  318  121.021(39)(b), and reemployment limitations as provided in s.
  319  121.091(9), upon completion of his or her DROP participation
  320  period. An elected official may defer termination as provided in
  321  subparagraph (c)5.
  322         (b)A member who retired before January 1, 2010, under any
  323  existing system as defined in s. 121.021(2), and receives a
  324  benefit thereof, who is initially reemployed before January 1,
  325  2010, and who serves in an office covered by the Elected
  326  Officers’ Class for a period of at least 6 years, is entitled to
  327  receive an additional retirement benefit for such elected
  328  officer service before July 1, 1990, under the Elected Officers’
  329  Class of the Florida Retirement System, as follows:
  330         1.Upon completion of 6 or more years of creditable service
  331  in an office covered by the Elected Officers’ Class, as provided
  332  in s. 121.052, the member shall notify the administrator of his
  333  or her intent to purchase elected officer service before July 1,
  334  1990, and shall pay the member contribution applicable for the
  335  period being claimed, plus 4 percent interest compounded
  336  annually from the first year of service claimed until July 1,
  337  1975, and 6.5 percent interest compounded annually thereafter,
  338  until full payment is made to the Florida Retirement System
  339  Trust Fund; however, the member may purchase retirement credit
  340  under the Elected Officers’ Class only for service as an elected
  341  officer.
  342         2.Upon payment of the amount specified in subparagraph 1.,
  343  the employer shall pay into the Florida Retirement System Trust
  344  Fund the applicable employer contribution for the period of
  345  elected officer service before July 1, 1990, being claimed by
  346  the member, plus 4 percent interest compounded annually from the
  347  first year of service claimed until July 1, 1975, and 6.5
  348  percent interest compounded annually thereafter, until full
  349  payment is made to the Florida Retirement System Trust Fund.
  350         (c)Any retiree of the Florida Retirement System, or any
  351  existing system as defined in s. 121.021(2), who, on or after
  352  July 1, 1990, through December 31, 2009, is serving in, or is
  353  elected or appointed to, an elective office covered by the
  354  Elected Officers’ Class shall be enrolled in the appropriate
  355  subclass of the Elected Officers’ Class of the Florida
  356  Retirement System, and applicable contributions shall be paid
  357  into the Florida Retirement System Trust Fund as provided in s.
  358  121.052(7). Any member who retired under any existing system as
  359  defined in s. 121.021(2), and receives a benefit thereof, and
  360  who serves in an office covered by the Elected Officers’ Class
  361  for a period of at least 6 years, shall be entitled to receive
  362  an additional retirement benefit for such elected officer
  363  service prior to July 1, 1990, under the Elected Officers’ Class
  364  of the Florida Retirement System, as follows:
  365         1.Upon completion of 6 or more years of creditable service
  366  in an office covered by the Elected Officers’ Class, s. 121.052,
  367  such member shall notify the administrator of his or her intent
  368  to purchase elected officer service prior to July 1, 1990, and
  369  shall pay the member contribution applicable for the period
  370  being claimed, plus 4 percent interest compounded annually from
  371  the first year of service claimed until July 1, 1975, and 6.5
  372  percent interest compounded annually thereafter, until full
  373  payment is made to the Florida Retirement System Trust Fund;
  374  however, such member may purchase retirement credit under the
  375  Elected Officers’ Class only for such service as an elected
  376  officer.
  377         2.Upon payment of the amount specified in subparagraph 1.,
  378  the employer shall pay into the Florida Retirement System Trust
  379  Fund the applicable employer contribution for the period of
  380  elected officer service prior to July 1, 1990, being claimed by
  381  the member, plus 4 percent interest compounded annually from the
  382  first year of service claimed until July 1, 1975, and 6.5
  383  percent interest compounded annually thereafter, until full
  384  payment is made to the Florida Retirement System Trust Fund.
  385         (b)Any retired member of the Florida Retirement System, or
  386  any existing system as defined in s. 121.021(2), who, on or
  387  after July 1, 1990, is serving in, or is elected or appointed
  388  to, an elective office covered by the Elected Officers’ Class
  389  shall be enrolled in the appropriate subclass of the Elected
  390  Officers’ Class of the Florida Retirement System, and applicable
  391  contributions shall be paid into the Florida Retirement System
  392  Trust Fund as provided in s. 121.052(7). Pursuant thereto:
  393         1. The Any such retired member may shall be eligible to
  394  continue to receive retirement benefits as well as compensation
  395  for the elected officer service if for as long as he or she
  396  remains in an elective office covered by the Elected Officers’
  397  Class.
  398         2. If the any such member serves in an elective office
  399  covered by the Elected Officers’ Class and becomes vested under
  400  that class, he or she is shall be entitled to receive an
  401  additional retirement benefit for the such elected officer
  402  service.
  403         3. The Such member is shall be entitled to purchase
  404  additional retirement credit in the Elected Officers’ Class for
  405  any postretirement service performed in an elected position
  406  eligible for the Elected Officers’ Class before prior to July 1,
  407  1990, or in the Regular Class for any postretirement service
  408  performed in any other regularly established position before
  409  prior to July 1, 1991, by paying the applicable Elected
  410  Officers’ Class or Regular Class employee and employer
  411  contributions for the period being claimed, plus 4 percent
  412  interest compounded annually from the first year of service
  413  claimed until July 1, 1975, and 6.5 percent interest compounded
  414  thereafter, until full payment is made to the Florida Retirement
  415  System Trust Fund. The contribution for postretirement Regular
  416  Class service between July 1, 1985, and July 1, 1991, for which
  417  the reemployed retiree contribution was paid, is shall be the
  418  difference between the such contribution and the total
  419  applicable contribution for the period being claimed, plus
  420  interest. The employer of such member may pay the applicable
  421  employer contribution in lieu of the member. If a member does
  422  not wish to claim credit for all of the postretirement service
  423  for which he or she is eligible, the service the member claims
  424  must be the most recent service.
  425         4. Creditable service for which credit was received, or
  426  which remained unclaimed, at retirement may not be claimed or
  427  applied toward service credit earned following renewed
  428  membership. However, service earned in accordance with the
  429  renewed membership provisions of in s. 121.122 may be used in
  430  conjunction with creditable service earned under this paragraph,
  431  if provided applicable vesting requirements and other existing
  432  statutory conditions required by this chapter are met.
  433         5. An elected officer who is elected or appointed to an
  434  elective office and is participating in the Deferred Retirement
  435  Option Program is not subject to termination as provided in s.
  436  121.021(39)(b), or reemployment limitations as provided in s.
  437  121.091(9), until the end of his or her current term of office
  438  or, if the officer is consecutively elected or reelected to an
  439  elective office eligible for coverage under the Florida
  440  Retirement System, until he or she no longer holds such an
  441  elective office, as follows:
  442         a. At the end of the 60-month DROP period:
  443         (I) The officer’s DROP account may not shall accrue no
  444  additional monthly benefits, but shall continue to earn interest
  445  as provided in s. 121.091(13).
  446         (II) No Retirement contributions are not shall be required
  447  of the employer of the elected officer and no additional
  448  retirement credit may not shall be earned under the Florida
  449  Retirement System.
  450         b. Nothing herein shall prevent An elected officer may from
  451  voluntarily terminate terminating his or her elective office at
  452  any time and electing to receive his or her DROP proceeds.
  453  However, until termination requirements are fulfilled as
  454  provided in s. 121.021(39), an any elected officer whose
  455  termination limitations are extended by this section is shall be
  456  ineligible for renewed membership in the system and may not
  457  shall receive no pension payments, DROP lump sum payments, or
  458  any other state payment other than the statutorily determined
  459  salary, travel, and per diem for the elective office.
  460         c. Upon termination, the officer shall receive his or her
  461  accumulated DROP account, plus interest, and shall accrue and
  462  commence receiving monthly retirement benefits, which must shall
  463  be paid on a prospective basis only.
  464  
  465  However, an officer electing to participate in the Deferred
  466  Retirement Option Program on or before June 30, 2002, is shall
  467  not be required to terminate and remains shall remain subject to
  468  the provisions of this subparagraph as adopted in section 1 of
  469  chapter 2001-235, Laws of Florida.
  470         (2) Upon attaining his or her normal retirement date and
  471  payment of the amount specified in paragraphs (1)(b) and (c)
  472  (1)(a) and (b), and upon application to the administrator of the
  473  intent to retire, the member shall receive a monthly benefit
  474  under this section, in addition to any benefits already being
  475  received, which shall commence on the last day of the month of
  476  retirement and be payable on the last day of the month
  477  thereafter during his or her lifetime. The amount of the such
  478  monthly benefit is shall be the total percentage of retirement
  479  credit purchased under this section multiplied by the member’s
  480  average monthly compensation as an elected officer, adjusted
  481  according to the option selected at retirement under s.
  482  121.091(6).
  483         Section 4. Paragraph (f) of subsection (1) and paragraphs
  484  (c) and (e) of subsection (6) of section 121.055, Florida
  485  Statutes, are amended to read:
  486         121.055 Senior Management Service Class.—There is hereby
  487  established a separate class of membership within the Florida
  488  Retirement System to be known as the “Senior Management Service
  489  Class,” which shall become effective February 1, 1987.
  490         (1)
  491         (f) Effective July 1, 1997:
  492         1. Except as provided in subparagraph 3., an any elected
  493  state officer eligible for membership in the Elected Officers’
  494  Class under s. 121.052(2)(a), (b), or (c) who elects membership
  495  in the Senior Management Service Class under s. 121.052(3)(c)
  496  may, within 6 months after assuming office or within 6 months
  497  after this act becomes a law for serving elected state officers,
  498  elect to participate in the Senior Management Service Optional
  499  Annuity Program, as provided in subsection (6), in lieu of
  500  membership in the Senior Management Service Class.
  501         2. Except as provided in subparagraph 3., an any elected
  502  county officer of a local agency employer eligible for
  503  membership in the Elected Officers’ Class under s. 121.052(2)(d)
  504  who elects membership in the Senior Management Service Class
  505  under s. 121.052(3)(c) may, within 6 months after assuming
  506  office, or within 6 months after this act becomes a law for
  507  serving elected county officers of a local agency employer,
  508  elect to withdraw from the Florida Retirement System participate
  509  in a lifetime monthly annuity program, as provided in
  510  subparagraph (b)2., in lieu of membership in the Senior
  511  Management Service Class.
  512         3.A retiree of a state-administered retirement system who
  513  is initially reemployed on or after January 1, 2010, as an
  514  elected official eligible for the Elected Officers’ Class is not
  515  eligible for renewed membership in the Senior Management Service
  516  Class or in the Senior Management Service Optional Annuity
  517  Program as provided in subsection (6), or to withdraw from the
  518  Florida Retirement System as a renewed member as provided in
  519  subparagraph (b)2., as applicable, in lieu of Senior Management
  520  Service Class membership.
  521         (6)
  522         (c) Participation.—
  523         1. An any eligible employee who is employed on or before
  524  February 1, 1987, may elect to participate in the optional
  525  annuity program in lieu of participation in the Senior
  526  Management Service Class. Such election must shall be made in
  527  writing and filed with the department and the personnel officer
  528  of the employer on or before May 1, 1987. An Any eligible
  529  employee who is employed on or before February 1, 1987, and who
  530  fails to make an election to participate in the optional annuity
  531  program by May 1, 1987, shall be deemed to have elected
  532  membership in the Senior Management Service Class. However, a
  533  retiree of a state-administered retirement system who is
  534  initially reemployed on or after January 1, 2010, is not
  535  eligible for renewed membership in the Senior Management Service
  536  Optional Annuity Program.
  537         2. An Any employee who becomes eligible to participate in
  538  the optional annuity program by reason of initial employment
  539  commencing after February 1, 1987, may, within 90 days after the
  540  date of commencing commencement of employment, elect to
  541  participate in the optional annuity program. Such election must
  542  shall be made in writing and filed with the personnel officer of
  543  the employer. An Any eligible employee who does not within 90
  544  days after commencing commencement of such employment elect to
  545  participate in the optional annuity program shall be deemed to
  546  have elected membership in the Senior Management Service Class.
  547         3. A person who is appointed to a position in the Senior
  548  Management Service Class and who is a member of an existing
  549  retirement system or the Special Risk or Special Risk
  550  Administrative Support Classes of the Florida Retirement System
  551  may elect to remain in such system or class in lieu of
  552  participation in the Senior Management Service Class or optional
  553  annuity program. Such election must shall be made in writing and
  554  filed with the department and the personnel officer of the
  555  employer within 90 days of such appointment. Any eligible
  556  employee who fails to make an election to participate in the
  557  existing system, the Special Risk Class of the Florida
  558  Retirement System, the Special Risk Administrative Support Class
  559  of the Florida Retirement System, or the optional annuity
  560  program shall be deemed to have elected membership in the Senior
  561  Management Service Class.
  562         4. Except as provided in subparagraph 5., an employee’s
  563  election to participate in the optional annuity program is
  564  irrevocable if the as long as such employee continues to be
  565  employed in an eligible position and continues to meet the
  566  eligibility requirements set forth in this paragraph.
  567         5. Effective from July 1, 2002, through September 30, 2002,
  568  any active employee in a regularly established position who has
  569  elected to participate in the Senior Management Service Optional
  570  Annuity Program has one opportunity to choose to move from the
  571  Senior Management Service Optional Annuity Program to the
  572  Florida Retirement System defined benefit program.
  573         a. The election must be made in writing and must be filed
  574  with the department and the personnel officer of the employer
  575  before October 1, 2002, or, in the case of an active employee
  576  who is on a leave of absence on July 1, 2002, within 90 days
  577  after the conclusion of the leave of absence. This election is
  578  irrevocable.
  579         b. The employee shall will receive service credit under the
  580  defined benefit program of the Florida Retirement System equal
  581  to his or her years of service under the Senior Management
  582  Service Optional Annuity Program. The cost for such credit is
  583  the shall be an amount representing the present value of that
  584  employee’s accumulated benefit obligation for the affected
  585  period of service.
  586         c. The employee must transfer the total accumulated
  587  employer contributions and earnings on deposit in his or her
  588  Senior Management Service Optional Annuity Program account. If
  589  the transferred amount is not sufficient to pay the amount due,
  590  the employee must pay a sum representing the remainder of the
  591  amount due. In no case may The employee may not retain any
  592  employer contributions or earnings thereon from the Senior
  593  Management Service Optional Annuity Program account.
  594         (e) Benefits.—
  595         1. Benefits are shall be payable under the Senior
  596  Management Service Optional Annuity Program only to participants
  597  in the program, or their beneficiaries as designated by the
  598  participant in the contract with a provider company, and must
  599  such benefits shall be paid by the designated company in
  600  accordance with the terms of the annuity contract or contracts
  601  applicable to the participant. A participant must be terminated
  602  from all employment with all Florida Retirement System employers
  603  as provided in s. 121.021(39) to begin receiving the employer
  604  funded benefit. Benefits funded by employer contributions are
  605  shall be payable under the terms of the contract only as a
  606  lifetime annuity to the participant, his or her beneficiary, or
  607  his or her estate, in addition to except for:
  608         a. A lump-sum payment to the beneficiary upon the death of
  609  the participant;
  610         b. A cash-out of a de minimis account upon the request of a
  611  former participant who has been terminated for a minimum of 6
  612  months from the employment that entitled him or her to optional
  613  annuity program participation. A de minimis account is an
  614  account with a provider company containing employer
  615  contributions and accumulated earnings of not more than $5,000
  616  made under the provisions of this chapter. Such cash-out must be
  617  a complete liquidation of the account balance with that company
  618  and is subject to the provisions of the Internal Revenue Code;
  619  or
  620         c.A mandatory distribution of a de minimis account of a
  621  former participant who has been terminated for a minimum of 6
  622  months from the employment that entitled him or her to optional
  623  annuity program participation as authorized by the department;
  624  or
  625         d.c. A lump-sum direct rollover distribution whereby all
  626  accrued benefits, plus interest and investment earnings, are
  627  paid from the participant’s account directly to the custodian of
  628  an eligible retirement plan, as defined in s. 402(c)(8)(B) of
  629  the Internal Revenue Code, on behalf of the participant.
  630  
  631  As used in this subparagraph, a “de minimis account” means an
  632  account with a provider company containing employer
  633  contributions and accumulated earnings of not more than $5,000
  634  made under this chapter.
  635         2. The benefits payable to any person under the Senior
  636  Management Service Optional Annuity Program, and any
  637  contribution accumulated under such program, are shall not be
  638  subject to assignment, execution, or attachment or to any legal
  639  process whatsoever.
  640         3. Except as provided in subparagraph 4., a participant who
  641  terminates employment and receives a distribution, including a
  642  rollover or trustee-to-trustee transfer, optional annuity
  643  program benefits funded by employer contributions shall be
  644  deemed to be retired from a state-administered retirement system
  645  if the participant is subsequently employed with an in the event
  646  of subsequent employment with any employer that participates in
  647  the Florida Retirement System.
  648         4.A participant who receives optional annuity program
  649  benefits funded by employer contributions as a mandatory
  650  distribution of a de minimis account authorized by the
  651  department is not considered a retiree.
  652         Section 5. Subsections (9) and (13) of section 121.091,
  653  Florida Statutes, are amended to read:
  654         121.091 Benefits payable under the system.—Benefits may not
  655  be paid under this section unless the member has terminated
  656  employment as provided in s. 121.021(39)(a) or begun
  657  participation in the Deferred Retirement Option Program as
  658  provided in subsection (13), and a proper application has been
  659  filed in the manner prescribed by the department. The department
  660  may cancel an application for retirement benefits when the
  661  member or beneficiary fails to timely provide the information
  662  and documents required by this chapter and the department’s
  663  rules. The department shall adopt rules establishing procedures
  664  for application for retirement benefits and for the cancellation
  665  of such application when the required information or documents
  666  are not received.
  667         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
  668         (a)Any person who is retired under this chapter, except
  669  under the disability retirement provisions of subsection (4),
  670  may be employed by any private employer or public employer that
  671  does not participate in a state-administered retirement system
  672  and may receive compensation from that employment without
  673  limiting or restricting in any way the retirement benefits
  674  payable to that person.
  675         (b)The limitations on receiving a retirement benefit while
  676  reemployed by an employer participating in a state-administered
  677  retirement system are:
  678         1.For retirements effective on or after January 1, 2010,
  679  or DROP participation ending on or after January 1, 2010:
  680         a.The retiree may not receive a retirement benefit if the
  681  retiree is receiving a salary or wages from reemployment with an
  682  employer participating in the Florida Retirement System after
  683  the date of retirement. However, a DROP participant may continue
  684  employment and receive a salary during the period of
  685  participation in DROP, as provided in subsection (13). Any
  686  retiree employed in violation of this subparagraph and any
  687  agency that employs or appoints such person without notifying
  688  the Division of Retirement to suspend retirement benefits are
  689  jointly and severally liable for any retirement benefits paid
  690  during reemployment. To avoid liability, the employing agency
  691  must have a written statement from the employee that he or she
  692  is not retired from a state-administered retirement system. Any
  693  benefits received by a retiree while reemployed must be repaid
  694  to the Florida Retirement System Trust Fund, and his or her
  695  benefits remain suspended until repayment is made.
  696         b.There are no exceptions to the reemployment limitations
  697  in subparagraph (a) and the exceptions in subparagraphs (b)3.
  698  and 4. do not apply.
  699         2.For retirements effective before January 1, 2010, or
  700  DROP participation ending before January 1, 2010, a retiree may
  701  not receive a salary from reemployment with an employer
  702  participating in the Florida Retirement System and retirement
  703  benefits under this chapter for 12 months immediately after
  704  retirement. However, a DROP participant may continue employment
  705  and receive a salary during the period of participation in DROP
  706  as provided in subsection (13). A retiree who is reemployed with
  707  an employer participating in the Florida Retirement System after
  708  he or she has met the definition of termination in s.
  709  121.021(39), but before completing the 12-month limitation
  710  period must give timely notice of this fact in writing to the
  711  employer and to the Division of Retirement and have his or her
  712  retirement benefits suspended while employed during the balance
  713  of the 12-month limitation period unless the employee exceeds
  714  the 780-hour reemployment limitation set forth in law. Any
  715  retiree employed in violation of this sub-subparagraph and any
  716  agency that employs or appoints such person without notifying
  717  the division to suspend retirement benefits are jointly and
  718  severally liable for any benefits paid during the reemployment
  719  limitation period. To avoid liability, the employing agency must
  720  have a written statement from the employee that he or she is not
  721  retired from a state-administered retirement system. Any
  722  retirement benefits received by a retiree while reemployed
  723  during the reemployment limitation period must be repaid to the
  724  Florida Retirement System Trust Fund, and his or her retirement
  725  benefits remain suspended until repayment is made. Benefits
  726  suspended beyond the reemployment limitation apply toward
  727  repayment of benefits received in violation of the reemployment
  728  limitation.
  729         a.A district school board may reemploy a retiree as a
  730  substitute or hourly teacher, education paraprofessional,
  731  transportation assistant, bus driver, or food service worker on
  732  a noncontractual basis after he or she has met the definition of
  733  termination in s. 121.021(39). A district school board may
  734  reemploy a retiree as instructional personnel, as defined in s.
  735  1012.01(2)(a), on an annual contractual basis after he or she
  736  has met the definition of termination in s. 121.021(39). A
  737  retiree who is reemployed before meeting the definition of
  738  termination voids his or her application for retirement
  739  benefits. A district school board that reemploys such teachers,
  740  education paraprofessionals, transportation assistants, bus
  741  drivers, or food service workers is subject to the retirement
  742  contribution.
  743         b.A community college board of trustees may reemploy a
  744  retiree as an adjunct instructor or as a participant in a phased
  745  retirement program within the Florida Community College System
  746  after he or she has met the definition of termination in s.
  747  121.021(39). A retiree who is reemployed within 1 calendar month
  748  after retirement voids his or her application for retirement
  749  benefits. A board of trustees that reemploys such instructor is
  750  subject to the retirement contribution. A retiree may be
  751  reemployed as an adjunct instructor for up to 780 hours during
  752  the first 12 months of retirement. A retiree reemployed for more
  753  than 780 hours during the first 12 months of retirement must
  754  give timely notice in writing to the employer and to the
  755  Division of Retirement of the date he or she will exceed the
  756  limitation. The division shall suspend his or her retirement
  757  benefits for the remainder of the 12-month limitation period.
  758  Any retiree employed in violation of this subparagraph and any
  759  agency that employs or appoints such person without notifying
  760  the division are jointly and severally liable for any retirement
  761  benefits paid during the reemployment limitation period. To
  762  avoid liability, the employee must submit a written statement to
  763  the employing agency stating that he or she is not retired from
  764  a state-administered retirement system. Any retirement benefits
  765  received by a retiree while reemployed in excess of 780 hours
  766  during the 12-month limitation period must be repaid to the
  767  Florida Retirement System Trust Fund, and his or her benefits
  768  remain suspended until repayment is made. Benefits suspended
  769  beyond the end of the 12-month limitation period apply toward
  770  repayment of benefits received in violation of the 780-hour
  771  reemployment limitation.
  772         c.The State University System may reemploy a retiree
  773  member as an adjunct faculty member or as a participant in a
  774  phased retirement program within the State University System
  775  after he or she has met the definition of termination in s.
  776  121.021(39). A retiree who is reemployed before meeting the
  777  definition of termination voids his or her application for
  778  retirement benefits. The State University System is subject to
  779  the retirement contribution. A retiree may be reemployed as an
  780  adjunct faculty member or a participant in a phased retirement
  781  program for up to 780 hours during the first 12 months of his or
  782  her retirement. Any retiree reemployed for more than 780 hours
  783  during the 12-month limitation period must give timely notice in
  784  writing to the employer and to the Division of Retirement of the
  785  date he or she will exceed the limitation. The division shall
  786  suspend his or her retirement benefits for the remainder of the
  787  12-month limitation period. Any retiree employed in violation of
  788  this subparagraph and any agency that employs or appoints such
  789  person without notifying the division to suspend retirement
  790  benefits are jointly and severally liable for any benefits paid
  791  during the reemployment limitation period. To avoid liability,
  792  the employee must submit a written statement to the employing
  793  agency stating that he or she is not retired from a state
  794  administered retirement system. Any benefits received by a
  795  retiree while reemployed in excess of 780 hours during the first
  796  12 months of retirement must be repaid to the Florida Retirement
  797  System Trust Fund, and his or her benefits remain suspended
  798  until repayment is made. Benefits suspended beyond the end of
  799  the 12-month limitation period apply toward repayment of
  800  benefits received in violation of the 780-hour reemployment
  801  limitation.
  802         d.The Board of Trustees of the Florida School for the Deaf
  803  and the Blind may reemploy a retiree as a substitute teacher,
  804  substitute residential instructor, or substitute nurse on a
  805  noncontractual basis after he or she has met the definition of
  806  termination in s. 121.021(39). The Board of Trustees may
  807  reemploy a retiree as instructional personnel, as defined in s.
  808  1012.01(2)(a), on an annual contractual basis after he or she
  809  has met the definition of termination in s. 121.021(39). A
  810  retiree who is reemployed before meeting the definition of
  811  termination voids his or her application for retirement
  812  benefits. The Board of Trustees reemploying such teachers,
  813  residential instructors, or nurses is subject to the retirement
  814  contribution.
  815         e.A developmental research school may reemploy a retiree
  816  as a substitute or hourly teacher or an education
  817  paraprofessional, as defined in s. 1012.01(2), on a
  818  noncontractual basis after he or she has met the definition of
  819  termination in s. 121.021(39). A developmental research school
  820  may reemploy a retiree as instructional personnel, as defined in
  821  s. 1012.01(2)(a), on an annual contractual basis after the
  822  retiree has met the definition of termination in s. 121.021(39).
  823  A developmental research school that reemploys such teachers and
  824  education paraprofessionals is subject to the retirement
  825  contribution.
  826         f.A charter school may reemploy a retiree as a substitute
  827  or hourly teacher on a noncontractual basis after he or she has
  828  met the definition of termination in s. 121.021(39). A charter
  829  school may reemploy a retiree as instructional personnel, as
  830  defined in s. 1012.01(2)(a), on an annual contractual basis
  831  after he or she has met the definition of termination in s.
  832  121.021(39). A charter school that reemploys such teachers and
  833  instructional personnel is subject to the retirement
  834  contribution.
  835         g.An agency may reemploy a retiree as a firefighter or
  836  paramedic after he or she has met the definition of termination
  837  in s. 121.021(39). Any retiree who is reemployed within 1
  838  calendar month after retirement shall void his or her
  839  application for retirement benefits. The agency reemploying such
  840  firefighter or paramedic is subject to the retirement
  841  contribution. A retiree may be reemployed as a firefighter or
  842  paramedic for up to 780 hours during the first 12 months of his
  843  or her retirement. Any retiree reemployed for more than 780
  844  hours during the first 12 months of retirement must give timely
  845  notice in writing to the employer and to the Division of
  846  Retirement of the date he or she will exceed the limitation. The
  847  division shall suspend his or her retirement benefits for the
  848  remainder of the 12-month limitation period. Any retiree
  849  employed in violation of this subparagraph and any agency that
  850  employs or appoints such person without notifying the division
  851  to suspend retirement benefits are jointly and severally liable
  852  for any benefits paid during the reemployment limitation period.
  853  To avoid liability, the employee must submit a written statement
  854  to the employing agency stating that he or she is not retired
  855  from a state-administered retirement system. Any benefits
  856  received by a retiree while reemployed in excess of 780 hours
  857  during the 12-month limitation period must be repaid to the
  858  Florida Retirement System Trust Fund, and his or her benefits
  859  remain suspended until repayment is made. Benefits suspended
  860  beyond the end of the 12-month limitation period apply toward
  861  repayment of benefits received in violation of the 780-hour
  862  reemployment limitation.
  863         3.a.The employment of a retiree or DROP participant of a
  864  state-administered retirement system does not affect the average
  865  final compensation or years of creditable service of the retiree
  866  or DROP participant.
  867         b.(I)Before July 1, 1991, upon employment of any person,
  868  other than an elected officer as provided in s. 121.053, who is
  869  retired under a state-administered retirement program, the
  870  employer must pay retirement contributions in an amount equal to
  871  the unfunded actuarial liability portion of the employer
  872  contribution which would be required for regular members of the
  873  Florida Retirement System.
  874         (II)For retirees initially reemployed from July 1, 1991,
  875  through December 31, 2009, contributions must be made as
  876  provided in s. 121.122 for retirees who have renewed membership
  877  or as provided in subsection (13) for DROP participants.
  878         c.Any person who is retired under a state-administered
  879  retirement program and who is initially reemployed on or after
  880  January 1, 2010, may not renew membership in the Florida
  881  Retirement System. The employer must pay retirement
  882  contributions in an amount equal to the unfunded actuarial
  883  liability portion of the employer contribution which would be
  884  required for active members of the Florida Retirement System in
  885  addition to the contributions required by s. 121.76.
  886         4.a.A retiree who is elected or appointed to an elective
  887  office eligible for the Elected Officers’ Class on or after July
  888  1, 1990, and initially enrolled through December 31, 2009, must
  889  be enrolled in the Florida Retirement System as provided in s.
  890  121.053(1)(c) or, if holding an elective public office that does
  891  not qualify for the Elected Officers’ Class on or after July 1,
  892  1991, and initially enrolled through December 31, 2009, must be
  893  enrolled in the Florida Retirement System as provided in s.
  894  121.122, and shall continue to receive retirement benefits as
  895  well as compensation for the elected officer’s service as long
  896  as he or she remains in elective office. However, a retiree who
  897  served in an elective office before July 1, 1990, suspended his
  898  or her retirement benefit, and had his or her Florida Retirement
  899  System membership reinstated shall, upon retirement from such
  900  office, have his or her retirement benefit recalculated to
  901  include the additional service and compensation earned.
  902         b.A retiree with renewed membership established before
  903  January 1, 2010, and who is not receiving a benefit based on
  904  this service, who is elected or appointed to an elective office
  905  shall become a member of the Elected Officers’ Class or the
  906  Regular Class depending upon the designation for the position.
  907         c.A retiree who is elected or appointed to an elective
  908  office on or after January 1, 2010, and who is initially
  909  reemployed in a position covered by the Florida Retirement
  910  System may not be enrolled in the Florida Retirement System and
  911  may not receive retirement benefits after meeting the definition
  912  of termination in s. 121.021(39).
  913         5.A person who is holding an elective office which is
  914  covered by the Florida Retirement System and who is concurrently
  915  employed in nonelected covered employment may elect to retire
  916  while continuing employment in the elective public office if he
  917  or she terminates his or her nonelected covered employment.
  918         a.For retirement effective before January 1, 2010, or DROP
  919  participation ending before January 1, 2010, any person who
  920  exercises this election shall receive his or her retirement
  921  benefits in addition to the compensation of the elective office
  922  without regard to the time limitations otherwise provided in
  923  this subsection. A person who seeks to exercise the provisions
  924  of this subparagraph, as they existed before May 3, 1984, is not
  925  deemed retired under those provisions unless the person is
  926  eligible to retire under this subparagraph as amended by chapter
  927  84-11, Laws of Florida.
  928         b.For retirement effective on or after January 1, 2010, or
  929  DROP participation ending on or after January 1, 2010, any
  930  person who exercises this election may not receive retirement
  931  benefits in addition to compensation for the elective office.
  932         6.The limitations of this paragraph apply to reemployment
  933  in any capacity with an employer irrespective of the category of
  934  funds from which the person is compensated.
  935         7.This paragraph regarding reemployment after retirement
  936  applies to DROP participants effective upon termination from
  937  employment and the end of DROP participation.
  938         (c)This subsection applies to retirees, as defined in s.
  939  121.4501(2), of the Public Employee Optional Retirement Program
  940  created in part II, subject to the following conditions:
  941         1.The retiree may not be reemployed with an employer
  942  participating in the Florida Retirement System as provided in
  943  paragraph (b) until the person has been retired for 3 months,
  944  unless the participant has reached the normal retirement
  945  requirements of the defined benefit plan as provided in s.
  946  121.021(29).
  947         2.A retiree employed in violation of this subsection and
  948  the agency that employs or appoints such person are jointly and
  949  severally liable for reimbursement of any retirement benefits
  950  paid to the retirement trust fund from which the benefits were
  951  paid, including the Retirement System Trust Fund and the Public
  952  Employee Optional Retirement Program Trust Fund, as appropriate.
  953  To be employed, the employee must submit to the employing agency
  954  a written statement that he or she is not retired from a state
  955  administered retirement system.
  956         (a)Any person who is retired under this chapter, except
  957  under the disability retirement provisions of subsection (4),
  958  may be employed by an employer that does not participate in a
  959  state-administered retirement system and may receive
  960  compensation from that employment without limiting or
  961  restricting in any way the retirement benefits payable to that
  962  person.
  963         (b)1.Any person who is retired under this chapter, except
  964  under the disability retirement provisions of subsection (4),
  965  may be reemployed by any private or public employer after
  966  retirement and receive retirement benefits and compensation from
  967  his or her employer without any limitations, except that a
  968  person may not receive both a salary from reemployment with any
  969  agency participating in the Florida Retirement System and
  970  retirement benefits under this chapter for a period of 12 months
  971  immediately subsequent to the date of retirement. However, a
  972  DROP participant shall continue employment and receive a salary
  973  during the period of participation in the Deferred Retirement
  974  Option Program, as provided in subsection (13).
  975         2.Any person to whom the limitation in subparagraph 1.
  976  applies who violates such reemployment limitation and who is
  977  reemployed with any agency participating in the Florida
  978  Retirement System before completion of the 12-month limitation
  979  period shall give timely notice of this fact in writing to the
  980  employer and to the division and shall have his or her
  981  retirement benefits suspended for the balance of the 12-month
  982  limitation period. Any person employed in violation of this
  983  paragraph and any employing agency which knowingly employs or
  984  appoints such person without notifying the Division of
  985  Retirement to suspend retirement benefits shall be jointly and
  986  severally liable for reimbursement to the retirement trust fund
  987  of any benefits paid during the reemployment limitation period.
  988  To avoid liability, such employing agency shall have a written
  989  statement from the retiree that he or she is not retired from a
  990  state-administered retirement system. Any retirement benefits
  991  received while reemployed during this reemployment limitation
  992  period shall be repaid to the retirement trust fund, and
  993  retirement benefits shall remain suspended until such repayment
  994  has been made. Benefits suspended beyond the reemployment
  995  limitation shall apply toward repayment of benefits received in
  996  violation of the reemployment limitation.
  997         3.A district school board may reemploy a retired member as
  998  a substitute or hourly teacher, education paraprofessional,
  999  transportation assistant, bus driver, or food service worker on
 1000  a noncontractual basis after he or she has been retired for 1
 1001  calendar month, in accordance with s. 121.021(39). A district
 1002  school board may reemploy a retired member as instructional
 1003  personnel, as defined in s. 1012.01(2)(a), on an annual
 1004  contractual basis after he or she has been retired for 1
 1005  calendar month, in accordance with s. 121.021(39). Any other
 1006  retired member who is reemployed within 1 calendar month after
 1007  retirement shall void his or her application for retirement
 1008  benefits. District school boards reemploying such teachers,
 1009  education paraprofessionals, transportation assistants, bus
 1010  drivers, or food service workers are subject to the retirement
 1011  contribution required by subparagraph 7.
 1012         4.A community college board of trustees may reemploy a
 1013  retired member as an adjunct instructor, that is, an instructor
 1014  who is noncontractual and part-time, or as a participant in a
 1015  phased retirement program within the Florida Community College
 1016  System, after he or she has been retired for 1 calendar month,
 1017  in accordance with s. 121.021(39). Any retired member who is
 1018  reemployed within 1 calendar month after retirement shall void
 1019  his or her application for retirement benefits. Boards of
 1020  trustees reemploying such instructors are subject to the
 1021  retirement contribution required in subparagraph 7. A retired
 1022  member may be reemployed as an adjunct instructor for no more
 1023  than 780 hours during the first 12 months of retirement. Any
 1024  retired member reemployed for more than 780 hours during the
 1025  first 12 months of retirement shall give timely notice in
 1026  writing to the employer and to the division of the date he or
 1027  she will exceed the limitation. The division shall suspend his
 1028  or her retirement benefits for the remainder of the first 12
 1029  months of retirement. Any person employed in violation of this
 1030  subparagraph and any employing agency which knowingly employs or
 1031  appoints such person without notifying the Division of
 1032  Retirement to suspend retirement benefits shall be jointly and
 1033  severally liable for reimbursement to the retirement trust fund
 1034  of any benefits paid during the reemployment limitation period.
 1035  To avoid liability, such employing agency shall have a written
 1036  statement from the retiree that he or she is not retired from a
 1037  state-administered retirement system. Any retirement benefits
 1038  received by a retired member while reemployed in excess of 780
 1039  hours during the first 12 months of retirement shall be repaid
 1040  to the Retirement System Trust Fund, and retirement benefits
 1041  shall remain suspended until repayment is made. Benefits
 1042  suspended beyond the end of the retired member’s first 12 months
 1043  of retirement shall apply toward repayment of benefits received
 1044  in violation of the 780-hour reemployment limitation.
 1045         5.The State University System may reemploy a retired
 1046  member as an adjunct faculty member or as a participant in a
 1047  phased retirement program within the State University System
 1048  after the retired member has been retired for 1 calendar month,
 1049  in accordance with s. 121.021(39). Any retired member who is
 1050  reemployed within 1 calendar month after retirement shall void
 1051  his or her application for retirement benefits. The State
 1052  University System is subject to the retired contribution
 1053  required in subparagraph 7., as appropriate. A retired member
 1054  may be reemployed as an adjunct faculty member or a participant
 1055  in a phased retirement program for no more than 780 hours during
 1056  the first 12 months of his or her retirement. Any retired member
 1057  reemployed for more than 780 hours during the first 12 months of
 1058  retirement shall give timely notice in writing to the employer
 1059  and to the division of the date he or she will exceed the
 1060  limitation. The division shall suspend his or her retirement
 1061  benefits for the remainder of the first 12 months of retirement.
 1062  Any person employed in violation of this subparagraph and any
 1063  employing agency which knowingly employs or appoints such person
 1064  without notifying the Division of Retirement to suspend
 1065  retirement benefits shall be jointly and severally liable for
 1066  reimbursement to the retirement trust fund of any benefits paid
 1067  during the reemployment limitation period. To avoid liability,
 1068  such employing agency shall have a written statement from the
 1069  retiree that he or she is not retired from a state-administered
 1070  retirement system. Any retirement benefits received by a retired
 1071  member while reemployed in excess of 780 hours during the first
 1072  12 months of retirement shall be repaid to the Retirement System
 1073  Trust Fund, and retirement benefits shall remain suspended until
 1074  repayment is made. Benefits suspended beyond the end of the
 1075  retired member’s first 12 months of retirement shall apply
 1076  toward repayment of benefits received in violation of the 780
 1077  hour reemployment limitation.
 1078         6.The Board of Trustees of the Florida School for the Deaf
 1079  and the Blind may reemploy a retired member as a substitute
 1080  teacher, substitute residential instructor, or substitute nurse
 1081  on a noncontractual basis after he or she has been retired for 1
 1082  calendar month, in accordance with s. 121.021(39). Any retired
 1083  member who is reemployed within 1 calendar month after
 1084  retirement shall void his or her application for retirement
 1085  benefits. The Board of Trustees of the Florida School for the
 1086  Deaf and the Blind reemploying such teachers, residential
 1087  instructors, or nurses is subject to the retirement contribution
 1088  required by subparagraph 7. Reemployment of a retired member as
 1089  a substitute teacher, substitute residential instructor, or
 1090  substitute nurse is limited to 780 hours during the first 12
 1091  months of his or her retirement. Any retired member reemployed
 1092  for more than 780 hours during the first 12 months of retirement
 1093  shall give timely notice in writing to the employer and to the
 1094  division of the date he or she will exceed the limitation. The
 1095  division shall suspend his or her retirement benefits for the
 1096  remainder of the first 12 months of retirement. Any person
 1097  employed in violation of this subparagraph and any employing
 1098  agency which knowingly employs or appoints such person without
 1099  notifying the Division of Retirement to suspend retirement
 1100  benefits shall be jointly and severally liable for reimbursement
 1101  to the retirement trust fund of any benefits paid during the
 1102  reemployment limitation period. To avoid liability, such
 1103  employing agency shall have a written statement from the retiree
 1104  that he or she is not retired from a state-administered
 1105  retirement system. Any retirement benefits received by a retired
 1106  member while reemployed in excess of 780 hours during the first
 1107  12 months of retirement shall be repaid to the Retirement System
 1108  Trust Fund, and his or her retirement benefits shall remain
 1109  suspended until payment is made. Benefits suspended beyond the
 1110  end of the retired member’s first 12 months of retirement shall
 1111  apply toward repayment of benefits received in violation of the
 1112  780-hour reemployment limitation.
 1113         7.The employment by an employer of any retiree or DROP
 1114  participant of any state-administered retirement system shall
 1115  have no effect on the average final compensation or years of
 1116  creditable service of the retiree or DROP participant. Prior to
 1117  July 1, 1991, upon employment of any person, other than an
 1118  elected officer as provided in s. 121.053, who has been retired
 1119  under any state-administered retirement program, the employer
 1120  shall pay retirement contributions in an amount equal to the
 1121  unfunded actuarial liability portion of the employer
 1122  contribution which would be required for regular members of the
 1123  Florida Retirement System. Effective July 1, 1991, contributions
 1124  shall be made as provided in s. 121.122 for retirees with
 1125  renewed membership or subsection (13) with respect to DROP
 1126  participants.
 1127         8.Any person who has previously retired and who is holding
 1128  an elective public office or an appointment to an elective
 1129  public office eligible for the Elected Officers’ Class on or
 1130  after July 1, 1990, shall be enrolled in the Florida Retirement
 1131  System as provided in s. 121.053(1)(b) or, if holding an
 1132  elective public office that does not qualify for the Elected
 1133  Officers’ Class on or after July 1, 1991, shall be enrolled in
 1134  the Florida Retirement System as provided in s. 121.122, and
 1135  shall continue to receive retirement benefits as well as
 1136  compensation for the elected officer’s service for as long as he
 1137  or she remains in elective office. However, any retired member
 1138  who served in an elective office prior to July 1, 1990,
 1139  suspended his or her retirement benefit, and had his or her
 1140  Florida Retirement System membership reinstated shall, upon
 1141  retirement from such office, have his or her retirement benefit
 1142  recalculated to include the additional service and compensation
 1143  earned.
 1144         9.Any person who is holding an elective public office
 1145  which is covered by the Florida Retirement System and who is
 1146  concurrently employed in nonelected covered employment may elect
 1147  to retire while continuing employment in the elective public
 1148  office, provided that he or she shall be required to terminate
 1149  his or her nonelected covered employment. Any person who
 1150  exercises this election shall receive his or her retirement
 1151  benefits in addition to the compensation of the elective office
 1152  without regard to the time limitations otherwise provided in
 1153  this subsection. No person who seeks to exercise the provisions
 1154  of this subparagraph, as the same existed prior to May 3, 1984,
 1155  shall be deemed to be retired under those provisions, unless
 1156  such person is eligible to retire under the provisions of this
 1157  subparagraph, as amended by chapter 84-11, Laws of Florida.
 1158         10.The limitations of this paragraph apply to reemployment
 1159  in any capacity with an “employer” as defined in s. 121.021(10),
 1160  irrespective of the category of funds from which the person is
 1161  compensated.
 1162         11.An employing agency may reemploy a retired member as a
 1163  firefighter or paramedic after the retired member has been
 1164  retired for 1 calendar month, in accordance with s. 121.021(39).
 1165  Any retired member who is reemployed within 1 calendar month
 1166  after retirement shall void his or her application for
 1167  retirement benefits. The employing agency reemploying such
 1168  firefighter or paramedic is subject to the retired contribution
 1169  required in subparagraph 8. Reemployment of a retired
 1170  firefighter or paramedic is limited to no more than 780 hours
 1171  during the first 12 months of his or her retirement. Any retired
 1172  member reemployed for more than 780 hours during the first 12
 1173  months of retirement shall give timely notice in writing to the
 1174  employer and to the division of the date he or she will exceed
 1175  the limitation. The division shall suspend his or her retirement
 1176  benefits for the remainder of the first 12 months of retirement.
 1177  Any person employed in violation of this subparagraph and any
 1178  employing agency which knowingly employs or appoints such person
 1179  without notifying the Division of Retirement to suspend
 1180  retirement benefits shall be jointly and severally liable for
 1181  reimbursement to the Retirement System Trust Fund of any
 1182  benefits paid during the reemployment limitation period. To
 1183  avoid liability, such employing agency shall have a written
 1184  statement from the retiree that he or she is not retired from a
 1185  state-administered retirement system. Any retirement benefits
 1186  received by a retired member while reemployed in excess of 780
 1187  hours during the first 12 months of retirement shall be repaid
 1188  to the Retirement System Trust Fund, and retirement benefits
 1189  shall remain suspended until repayment is made. Benefits
 1190  suspended beyond the end of the retired member’s first 12 months
 1191  of retirement shall apply toward repayment of benefits received
 1192  in violation of the 780-hour reemployment limitation.
 1193         (c)The provisions of this subsection apply to retirees, as
 1194  defined in s. 121.4501(2)(j), of the Public Employee Optional
 1195  Retirement Program created in part II, subject to the following
 1196  conditions:
 1197         1.Such retirees may not be reemployed with an employer
 1198  participating in the Florida Retirement System as provided in
 1199  paragraph (b) until such person has been retired for 3 calendar
 1200  months, unless the participant has reached the normal retirement
 1201  requirements of the defined benefit plan as provided in s.
 1202  121.021(29).
 1203         2.Such retiree employed in violation of this subsection
 1204  and any employing agency that knowingly employs or appoints such
 1205  person shall be jointly and severally liable for reimbursement
 1206  of any benefits paid to the retirement trust fund from which the
 1207  benefits were paid, including the Retirement System Trust Fund
 1208  and the Public Employee Optional Retirement Program Trust Fund,
 1209  as appropriate. To avoid liability, such employing agency must
 1210  have a written statement from the retiree that he or she is not
 1211  retired from a state-administered retirement system.
 1212         (13) DEFERRED RETIREMENT OPTION PROGRAM.—In general, and
 1213  subject to the provisions of this section, the Deferred
 1214  Retirement Option Program, hereinafter referred to as the DROP,
 1215  is a program under which an eligible member of the Florida
 1216  Retirement System may elect to participate, deferring receipt of
 1217  retirement benefits while continuing employment with his or her
 1218  Florida Retirement System employer. The deferred monthly
 1219  benefits shall accrue in the Florida Retirement System Trust
 1220  Fund on behalf of the participant, plus interest compounded
 1221  monthly, for the specified period of the DROP participation, as
 1222  provided in paragraph (c). Upon termination of employment, the
 1223  participant shall receive the total DROP benefits and begin to
 1224  receive the previously determined normal retirement benefits.
 1225  Participation in the DROP does not guarantee employment for the
 1226  specified period of DROP. Participation in the DROP by an
 1227  eligible member beyond the initial 60-month period as authorized
 1228  in this subsection shall be on an annual contractual basis for
 1229  all participants.
 1230         (a) Eligibility of member to participate in the DROP.—All
 1231  active Florida Retirement System members in a regularly
 1232  established position, and all active members of either the
 1233  Teachers’ Retirement System established in chapter 238 or the
 1234  State and County Officers’ and Employees’ Retirement System
 1235  established in chapter 122, which systems are consolidated
 1236  within the Florida Retirement System under s. 121.011, are
 1237  eligible to elect participation in the DROP if provided that:
 1238         1. The member is not a renewed member of the Florida
 1239  Retirement System under s. 121.122, or a member of the State
 1240  Community College System Optional Retirement Program under s.
 1241  121.051, the Senior Management Service Optional Annuity Program
 1242  under s. 121.055, or the optional retirement program for the
 1243  State University System under s. 121.35.
 1244         2. Except as provided in subparagraph 6., election to
 1245  participate is made within 12 months immediately following the
 1246  date on which the member first reaches normal retirement date,
 1247  or, for a member who reaches normal retirement date based on
 1248  service before he or she reaches age 62, or age 55 for Special
 1249  Risk Class members, election to participate may be deferred to
 1250  the 12 months immediately following the date the member attains
 1251  57, or age 52 for Special Risk Class members. Except as provided
 1252  in subparagraph 6., a member who delays DROP participation
 1253  during the 12-month period immediately following his or her
 1254  maximum DROP deferral date, loses a month of DROP participation
 1255  for each month delayed. For a member who first reached normal
 1256  retirement date or the deferred eligibility date described above
 1257  prior to the effective date of this section, election to
 1258  participate shall be made within 12 months after the effective
 1259  date of this section. A member who fails to make an election
 1260  within the such 12-month limitation period forfeits shall
 1261  forfeit all rights to participate in the DROP. The member must
 1262  shall advise his or her employer and the division in writing of
 1263  the date on which the DROP begins shall begin. The Such
 1264  beginning date may be after subsequent to the 12-month election
 1265  period, but must be within the original 60-month participation
 1266  or, with respect to members who are instructional personnel
 1267  employed by the Florida School for the Deaf and the Blind and
 1268  who have received authorization by the Board of Trustees of the
 1269  Florida School for the Deaf and the Blind to participate in the
 1270  DROP beyond 60 months, or who are instructional personnel as
 1271  defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have
 1272  received authorization by the district school superintendent to
 1273  participate in the DROP beyond 60 months, the 96-month
 1274  limitation period as provided in subparagraph (b)1. When
 1275  establishing eligibility of the member to participate in the
 1276  DROP for the 60-month or, with respect to members who are
 1277  instructional personnel employed by the Florida School for the
 1278  Deaf and the Blind and who have received authorization by the
 1279  Board of Trustees of the Florida School for the Deaf and the
 1280  Blind to participate in the DROP beyond 60 months, or who are
 1281  instructional personnel as defined in s. 1012.01(2)(a)-(d) in
 1282  grades K-12 and who have received authorization by the district
 1283  school superintendent to participate in the DROP beyond 60
 1284  months, the 96-month maximum participation period, the member
 1285  may elect to include or exclude any optional service credit
 1286  purchased by the member from the total service used to establish
 1287  the normal retirement date. A member who has with dual normal
 1288  retirement dates is shall be eligible to elect to participate in
 1289  DROP within 12 months after attaining normal retirement date in
 1290  either class.
 1291         3. The employer of a member electing to participate in the
 1292  DROP, or employers if dually employed, shall acknowledge in
 1293  writing to the division the date the member’s participation in
 1294  the DROP begins and the date the member’s employment and DROP
 1295  participation will terminate.
 1296         4. Simultaneous employment of a participant by additional
 1297  Florida Retirement System employers subsequent to the
 1298  commencement of participation in the DROP is shall be
 1299  permissible if the provided such employers acknowledge in
 1300  writing a DROP termination date no later than the participant’s
 1301  existing termination date or the maximum participation 60-month
 1302  limitation period as provided in subparagraph (b)1.
 1303         5. A DROP participant may change employers while
 1304  participating in the DROP, subject to the following:
 1305         a. A change of employment must take place without a break
 1306  in service so that the member receives salary for each month of
 1307  continuous DROP participation. If a member receives no salary
 1308  during a month, DROP participation ceases shall cease unless the
 1309  employer verifies a continuation of the employment relationship
 1310  for such participant pursuant to s. 121.021(39)(b).
 1311         b. Such participant and new employer shall notify the
 1312  division of the identity of the new employer on forms required
 1313  by the division as to the identity of the new employer.
 1314         c. The new employer shall acknowledge, in writing, the
 1315  participant’s DROP termination date, which may be extended but
 1316  not beyond the maximum participation original 60-month or, with
 1317  respect to members who are instructional personnel employed by
 1318  the Florida School for the Deaf and the Blind and who have
 1319  received authorization by the Board of Trustees of the Florida
 1320  School for the Deaf and the Blind to participate in the DROP
 1321  beyond 60 months, or who are instructional personnel as defined
 1322  in s. 1012.01(2)(a)-(d) in grades K-12 and who have received
 1323  authorization by the district school superintendent to
 1324  participate in the DROP beyond 60 months, the 96-month period
 1325  provided in subparagraph (b)1., shall acknowledge liability for
 1326  any additional retirement contributions and interest required if
 1327  the participant fails to timely terminate employment, and is
 1328  shall be subject to the adjustment required in sub-subparagraph
 1329  (c)5.d.
 1330         6. Effective July 1, 2001, for instructional personnel as
 1331  defined in s. 1012.01(2), election to participate in the DROP is
 1332  shall be made at any time following the date on which the member
 1333  first reaches normal retirement date. The member shall advise
 1334  his or her employer and the division in writing of the date on
 1335  which DROP begins the Deferred Retirement Option Program shall
 1336  begin. When establishing eligibility of the member to
 1337  participate in the DROP for the 60-month or, with respect to
 1338  members who are instructional personnel employed by the Florida
 1339  School for the Deaf and the Blind and who have received
 1340  authorization by the Board of Trustees of the Florida School for
 1341  the Deaf and the Blind to participate in the DROP beyond 60
 1342  months, or who are instructional personnel as defined in s.
 1343  1012.01(2)(a)-(d) in grades K-12 and who have received
 1344  authorization by the district school superintendent to
 1345  participate in the DROP beyond 60 months, the 96-month maximum
 1346  participation period, as provided in subparagraph (b)1., the
 1347  member may elect to include or exclude any optional service
 1348  credit purchased by the member from the total service used to
 1349  establish the normal retirement date. A member who has with dual
 1350  normal retirement dates is shall be eligible to elect to
 1351  participate in either class.
 1352         (b) Participation in the DROP.—
 1353         1. An eligible member may elect to participate in the DROP
 1354  for a period not to exceed a maximum of 60 calendar months.
 1355  However, or, with respect to members who are instructional
 1356  personnel employed by the Florida School for the Deaf and the
 1357  Blind and authorized who have received authorization by the
 1358  Board of Trustees of the Florida School for the Deaf and the
 1359  Blind to participate in the DROP beyond 60 months, or who are
 1360  instructional personnel as defined in s. 1012.01(2)(a)-(d) in
 1361  grades K-12 and authorized who have received authorization by
 1362  the district school superintendent to participate in the DROP
 1363  beyond 60 calendar months, or who are instructional personnel as
 1364  defined in s. 1012.01(2) employed by a developmental research
 1365  school and authorized by the school’s director, or if the school
 1366  has no director, by the school’s principal, may participate in
 1367  DROP for up to 36 calendar months beyond the 60-month period. 96
 1368  calendar months immediately following the date on which the
 1369  member first reaches his or her normal retirement date or the
 1370  date to which he or she is eligible to defer his or her election
 1371  to participate as provided in subparagraph (a)2. However, a
 1372  member who has reached normal retirement date prior to the
 1373  effective date of the DROP shall be eligible to participate in
 1374  the DROP for a period of time not to exceed 60 calendar months
 1375  or, with respect to members who are instructional personnel
 1376  employed by the Florida School for the Deaf and the Blind and
 1377  who have received authorization by the Board of Trustees of the
 1378  Florida School for the Deaf and the Blind to participate in the
 1379  DROP beyond 60 months, or who are instructional personnel as
 1380  defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have
 1381  received authorization by the district school superintendent to
 1382  participate in the DROP beyond 60 calendar months, 96 calendar
 1383  months immediately following the effective date of the DROP,
 1384  except a member of the Special Risk Class who has reached normal
 1385  retirement date prior to the effective date of the DROP and
 1386  whose total accrued value exceeds 75 percent of average final
 1387  compensation as of his or her effective date of retirement shall
 1388  be eligible to participate in the DROP for no more than 36
 1389  calendar months immediately following the effective date of the
 1390  DROP.
 1391         2. Upon deciding to participate in the DROP, the member
 1392  shall submit, on forms required by the division:
 1393         a. A written election to participate in the DROP;
 1394         b. Selection of the DROP participation and termination
 1395  dates, which satisfy the limitations stated in paragraph (a) and
 1396  subparagraph 1. The Such termination date must shall be in a
 1397  binding letter of resignation to with the employer, establishing
 1398  a deferred termination date. The member may change the
 1399  termination date within the limitations of subparagraph 1., but
 1400  only with the written approval of the his or her employer;
 1401         c. A properly completed DROP application for service
 1402  retirement as provided in this section; and
 1403         d. Any other information required by the division.
 1404         3. The DROP participant is shall be a retiree under the
 1405  Florida Retirement System for all purposes, except for paragraph
 1406  (5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053,
 1407  and 121.122. DROP participation is final and cannot be cancelled
 1408  by the participant after the first payment is credited during
 1409  the DROP participation period. However, participation in the
 1410  DROP does not alter the participant’s employment status, and the
 1411  member is such employee shall not be deemed retired from
 1412  employment until his or her deferred resignation is effective
 1413  and termination occurs as provided in s. 121.021(39).
 1414         4. Elected officers are shall be eligible to participate in
 1415  the DROP subject to the following:
 1416         a. An elected officer who reaches normal retirement date
 1417  during a term of office may defer the election to participate in
 1418  the DROP until the next succeeding term in that office. An Such
 1419  elected officer who exercises this option may participate in the
 1420  DROP for up to 60 calendar months or a period of no longer than
 1421  the such succeeding term of office, whichever is less.
 1422         b. An elected or a nonelected participant may run for a
 1423  term of office while participating in DROP and, if elected,
 1424  extend the DROP termination date accordingly;, except, however,
 1425  if the such additional term of office exceeds the 60-month
 1426  limitation established in subparagraph 1., and the officer does
 1427  not resign from office within such 60-month limitation, the
 1428  retirement and the participant’s DROP is shall be null and void
 1429  as provided in sub-subparagraph (c)5.d.
 1430         c. For DROP participation ending:
 1431         (I)Before January 1, 2010, an elected officer who is
 1432  dually employed and elects to participate in DROP must shall be
 1433  required to satisfy the definition of termination within the
 1434  original 60-month period or maximum participation or, with
 1435  respect to members who are instructional personnel employed by
 1436  the Florida School for the Deaf and the Blind and who have
 1437  received authorization by the Board of Trustees of the Florida
 1438  School for the Deaf and the Blind to participate in the DROP
 1439  beyond 60 months, or who are instructional personnel as defined
 1440  in s. 1012.01(2)(a)-(d) in grades K-12 and who have received
 1441  authorization by the district school superintendent to
 1442  participate in the DROP beyond 60 months, the 96-month
 1443  limitation period as provided in subparagraph 1. for the
 1444  nonelected position and may continue employment as an elected
 1445  officer as provided in s. 121.053. The elected officer shall
 1446  will be enrolled as a renewed member in the Elected Officers’
 1447  Class or the Regular Class, as provided in ss. 121.053 and
 1448  121.122, on the first day of the month after termination of
 1449  employment in the nonelected position and termination of DROP.
 1450  Distribution of the DROP benefits shall be made as provided in
 1451  paragraph (c).
 1452         (II)On or after January 1, 2010, an elected officer who is
 1453  dually employed and elects to participate in DROP must satisfy
 1454  the definition of termination in s. 121.021(39) for the
 1455  nonelected position within the original 60-month period or
 1456  maximum period as provided in subparagraph 1. If the elected
 1457  officer does not terminate from elective office within the
 1458  original 60-month period or maximum period, he or she may defer
 1459  termination as provided in s. 121.053 but is subject to
 1460  termination in s. 121.021(39) to finalize retirement.
 1461         (c) Benefits payable under the DROP.—
 1462         1. Effective on with the date of DROP participation, the
 1463  member’s initial normal monthly benefit, including creditable
 1464  service, optional form of payment, and average final
 1465  compensation, and the effective date of retirement are shall be
 1466  fixed. The beneficiary established under the Florida Retirement
 1467  System is shall be the beneficiary eligible to receive any DROP
 1468  benefits payable if the DROP participant dies before completing
 1469  prior to the completion of the period of DROP participation. If
 1470  In the event a joint annuitant predeceases the member, the
 1471  member may name a beneficiary to receive accumulated DROP
 1472  benefits payable. The Such retirement benefit, the annual cost
 1473  of living adjustments provided in s. 121.101, and interest shall
 1474  accrue monthly in the Florida Retirement System Trust Fund. The
 1475  Such interest accrues shall accrue at an effective annual rate
 1476  of 6.5 percent compounded monthly, on the prior month’s
 1477  accumulated ending balance, up to the month of termination or
 1478  death.
 1479         2. Each employee who elects to participate in the DROP may
 1480  shall be allowed to elect to receive a lump-sum payment for
 1481  accrued annual leave earned in accordance with agency policy
 1482  upon beginning participation in the DROP. The Such accumulated
 1483  leave payment certified to the division upon commencement of
 1484  DROP must shall be included in the calculation of the member’s
 1485  average final compensation. The employee electing the such lump
 1486  sum payment is upon beginning participation in DROP will not be
 1487  eligible to receive a second lump-sum payment upon termination,
 1488  except to the extent the employee has earned additional annual
 1489  leave which combined with the original payment does not exceed
 1490  the maximum lump-sum payment allowed by the employing agency’s
 1491  policy or rules. An Such early lump-sum payment shall be based
 1492  on the hourly wage of the employee at the time he or she begins
 1493  participation in the DROP. If the member elects to wait and
 1494  receive a such lump-sum payment upon termination of DROP and
 1495  termination of employment with the employer, any accumulated
 1496  leave payment made at that time may not cannot be included in
 1497  the member’s retirement benefit, which was determined and fixed
 1498  by law when the employee elected to participate in the DROP.
 1499         3. The effective date of DROP participation and the
 1500  effective date of retirement of a DROP participant is shall be
 1501  the first day of the month selected by the member to begin
 1502  participation in the DROP, if provided such date is properly
 1503  established, with the written confirmation of the employer, and
 1504  the approval of the division, on forms required by the division.
 1505         4. Normal retirement benefits and any interest thereon
 1506  shall continue to accrue in the DROP until the established
 1507  termination date of the DROP, or until the participant
 1508  terminates employment or dies before prior to such date.
 1509  Although individual DROP accounts may shall not be established,
 1510  a separate accounting of each participant’s accrued benefits
 1511  under the DROP shall be calculated and provided to participants.
 1512         5. At the conclusion of the participant’s DROP, the
 1513  division shall distribute the participant’s total accumulated
 1514  DROP benefits, subject to the following provisions:
 1515         a. The division shall receive verification by the
 1516  participant’s employer or employers that the such participant
 1517  has terminated employment as provided in s. 121.021(39)(b).
 1518         b. The terminated DROP participant or, if deceased, the
 1519  such participant’s named beneficiary, shall elect on forms
 1520  provided by the division to receive payment of the DROP benefits
 1521  in accordance with one of the options listed below. If For a
 1522  participant or beneficiary who fails to elect a method of
 1523  payment within 60 days after of termination of the DROP, the
 1524  division shall will pay a lump sum as provided in sub-sub
 1525  subparagraph (I).
 1526         (I) Lump sum.—All accrued DROP benefits, plus interest,
 1527  less withholding taxes remitted to the Internal Revenue Service,
 1528  shall be paid to the DROP participant or surviving beneficiary.
 1529         (II) Direct rollover.—All accrued DROP benefits, plus
 1530  interest, shall be paid from the DROP directly to the custodian
 1531  of an eligible retirement plan as defined in s. 402(c)(8)(B) of
 1532  the Internal Revenue Code. However, in the case of an eligible
 1533  rollover distribution to the surviving spouse of a deceased
 1534  participant, an eligible retirement plan is an individual
 1535  retirement account or an individual retirement annuity as
 1536  described in s. 402(c)(9) of the Internal Revenue Code.
 1537         (III) Partial lump sum.—A portion of the accrued DROP
 1538  benefits shall be paid to the DROP participant or surviving
 1539  spouse, less withholding taxes remitted to the Internal Revenue
 1540  Service, and the remaining DROP benefits must shall be
 1541  transferred directly to the custodian of an eligible retirement
 1542  plan as defined in s. 402(c)(8)(B) of the Internal Revenue Code.
 1543  However, in the case of an eligible rollover distribution to the
 1544  surviving spouse of a deceased participant, an eligible
 1545  retirement plan is an individual retirement account or an
 1546  individual retirement annuity as described in s. 402(c)(9) of
 1547  the Internal Revenue Code. The proportions must shall be
 1548  specified by the DROP participant or surviving beneficiary.
 1549         c. The form of payment selected by the DROP participant or
 1550  surviving beneficiary must comply complies with the minimum
 1551  distribution requirements of the Internal Revenue Code.
 1552         d. A DROP participant who fails to terminate employment as
 1553  defined in s. 121.021(39)(b) shall be deemed as not to be
 1554  retired, and the DROP election is shall be null and void.
 1555  Florida Retirement System membership shall be reestablished
 1556  retroactively to the date of the commencement of the DROP, and
 1557  each employer with whom the participant continues employment
 1558  must shall be required to pay to the Florida Retirement System
 1559  Trust Fund the difference between the DROP contributions paid in
 1560  paragraph (i) and the contributions required for the applicable
 1561  Florida Retirement System class of membership during the period
 1562  the member participated in the DROP, plus 6.5 percent interest
 1563  compounded annually.
 1564         6.The retirement benefits of a retiree who participated in
 1565  DROP and meets the definition of termination in s.
 1566  121.021(39)(b), but is in violation of the reemployment
 1567  provisions provided in subsection (9), must be suspended during
 1568  the months in which the reemployed retiree is in violation. A
 1569  retiree reemployed in violation of this subparagraph and the
 1570  agency that employs or appoints such member without notifying
 1571  the Division of Retirement to suspend retirement benefits are
 1572  jointly and severally liable for any benefits paid during the
 1573  reemployment limitation period. To avoid liability, the
 1574  employing agency must have a written statement from the retiree
 1575  that he or she is not retired from a state-administered
 1576  retirement system.
 1577         a.For DROP participation ending before January 1, 2010,
 1578  any retirement benefits received by a retiree while employed in
 1579  violation of the reemployment limitations during the 12-month
 1580  limitation period must be repaid to the Florida Retirement
 1581  System Trust Fund, and his or her retirement benefits shall
 1582  remain suspended until payment is made. Benefits suspended
 1583  beyond the end of the retiree’s 12-calendar month limitation
 1584  period apply toward repayment of benefits received in violation
 1585  of the reemployment limitations.
 1586         b.For DROP participation ending on or after January 1,
 1587  2010, any retirement benefits received by a retiree while
 1588  employed in violation of the reemployment limitations must be
 1589  repaid to the Florida Retirement System Trust Fund, and his or
 1590  her retirement benefits remain suspended until payment is made.
 1591  Benefits suspended after the retiree has terminated employment
 1592  apply toward repayment of benefits received in violation of the
 1593  reemployment limitations.
 1594         7.6. The accrued benefits of any DROP participant, and any
 1595  contributions accumulated under the such program, are shall not
 1596  be subject to assignment, execution, attachment, or to any legal
 1597  process whatsoever, except for qualified domestic relations
 1598  orders by a court of competent jurisdiction, income deduction
 1599  orders as provided in s. 61.1301, and federal income tax levies.
 1600         8.7. DROP participants are shall not be eligible for
 1601  disability retirement benefits as provided in subsection (4).
 1602         (d) Death benefits under the DROP.—
 1603         1. Upon the death of a DROP participant, the named
 1604  beneficiary is shall be entitled to apply for and receive the
 1605  accrued benefits in the DROP as provided in sub-subparagraph
 1606  (c)5.b.
 1607         2. The normal retirement benefit accrued to the DROP during
 1608  the month of a participant’s death is shall be the final monthly
 1609  benefit credited for such DROP participant.
 1610         3. Eligibility to participate in the DROP terminates upon
 1611  death of the participant. If the participant dies on or after
 1612  the effective date of enrollment in the DROP, but before prior
 1613  to the first monthly benefit is being credited to the DROP,
 1614  Florida Retirement System benefits are shall be paid in
 1615  accordance with subparagraph (7)(c)1. or subparagraph 2.
 1616         4. A DROP participant’s participants’ survivors are shall
 1617  not be eligible to receive Florida Retirement System death
 1618  benefits as provided in paragraph (7)(d).
 1619         (e) Cost-of-living adjustment.—On each July 1, the
 1620  participant’s participants’ normal retirement benefit shall be
 1621  increased as provided in s. 121.101.
 1622         (f) Retiree health insurance subsidy.—DROP participants are
 1623  not eligible to apply for the retiree health insurance subsidy
 1624  payments as provided in s. 112.363 until such participants have
 1625  terminated employment and participation in the DROP.
 1626         (g) Renewed membership.—
 1627         1. DROP participants who end DROP participation before
 1628  January 1, 2010, are shall not be eligible for renewed
 1629  membership in the Florida Retirement System under ss. 121.053
 1630  and 121.122 until termination of employment is effectuated as
 1631  provided in s. 121.021(39)(b).
 1632         2.DROP participants who end DROP participation on or after
 1633  January 1, 2010, are not eligible for renewed membership in a
 1634  state-administered retirement system.
 1635         (h) Employment limitation after DROP participation.—Upon
 1636  satisfying the definition of termination of employment as
 1637  provided in s. 121.021(39)(b), DROP participants are shall be
 1638  subject to the same such reemployment limitations as other
 1639  retirees. Reemployment restrictions applicable to retirees as
 1640  provided in subsection (9) do shall not apply to DROP
 1641  participants until their employment and participation in the
 1642  DROP are terminated.
 1643         (i) Contributions.—
 1644         1. All employers paying the salary of a DROP participant
 1645  filling a regularly established position shall contribute 8.0
 1646  percent of such participant’s gross compensation for the period
 1647  of July 1, 2002, through June 30, 2003, and the 11.56 percent of
 1648  such compensation required by s. 121.71 thereafter, which shall
 1649  constitute the entire employer DROP contribution with respect to
 1650  such participant. Such contributions, payable to the Florida
 1651  Retirement System Trust Fund in the same manner as required in
 1652  s. 121.071, must shall be made as appropriate for each pay
 1653  period and are in addition to contributions required for social
 1654  security and the Retiree Health Insurance Subsidy Trust Fund.
 1655  Such employer, social security, and health insurance subsidy
 1656  contributions are not included in the DROP.
 1657         2. The employer shall, in addition to subparagraph 1., also
 1658  withhold one-half of the entire social security contribution
 1659  required for the participant. Contributions for social security
 1660  by each participant and each employer, in the amount required
 1661  for social security coverage as now or hereafter provided by the
 1662  federal Social Security Act, are shall be in addition to
 1663  contributions specified in subparagraph 1.
 1664         3. All employers paying the salary of a DROP participant
 1665  filling a regularly established position shall contribute the
 1666  percent of such participant’s gross compensation required in s.
 1667  121.071(4), which shall constitute the employer’s health
 1668  insurance subsidy contribution with respect to such participant.
 1669  Such contributions must shall be deposited by the administrator
 1670  in the Retiree Health Insurance Subsidy Trust Fund.
 1671         (j) Forfeiture of retirement benefits.Nothing in This
 1672  section does not shall be construed to remove DROP participants
 1673  from the scope of s. 8(d), Art. II of the State Constitution, s.
 1674  112.3173, and paragraph (5)(f). DROP participants who commit a
 1675  specified felony offense while employed are will be subject to
 1676  forfeiture of all retirement benefits, including DROP benefits,
 1677  pursuant to those provisions of law.
 1678         (k) Administration of program.—The division shall adopt
 1679  make such rules as are necessary for the effective and efficient
 1680  administration of this subsection. The division is shall not be
 1681  required to advise members of the federal tax consequences of an
 1682  election related to the DROP but may advise members to seek
 1683  independent advice.
 1684         Section 6. Section 121.122, Florida Statutes, is amended to
 1685  read:
 1686         121.122 Renewed membership in system.—
 1687         (1)A retiree of a state-administered retirement system who
 1688  is initially reemployed on or after January 1, 2010, is not
 1689  eligible for renewed membership.
 1690         (2) Except as provided in s. 121.053, effective July 1,
 1691  1991, through December 31, 2009, any retiree of a state
 1692  administered retirement system who is initially reemployed
 1693  employed in a regularly established position with a covered
 1694  employer shall be enrolled as a compulsory member of the Regular
 1695  Class of the Florida Retirement System or, effective July 1,
 1696  1997, through December 31, 2009, any retiree of a state
 1697  administered retirement system who is initially reemployed
 1698  employed in a position included in the Senior Management Service
 1699  Class shall be enrolled as a compulsory member of the Senior
 1700  Management Service Class of the Florida Retirement System as
 1701  provided in s. 121.055, and is shall be entitled to receive an
 1702  additional retirement benefit, subject to the following
 1703  conditions:
 1704         (1)(a) Such member must shall resatisfy the age and service
 1705  requirements as provided in this chapter for initial membership
 1706  under the system, unless the such member elects to participate
 1707  in the Senior Management Service Optional Annuity Program in
 1708  lieu of the Senior Management Service Class, as provided in s.
 1709  121.055(6).
 1710         (b) Such member is shall not be entitled to disability
 1711  benefits as provided in s. 121.091(4).
 1712         (c) Such member must meet the reemployment after retirement
 1713  limitations as provided in s. 121.091(9), as applicable.
 1714         (3)(2) Upon reemployment of a retiree renewed membership,
 1715  the employer of such member shall pay the applicable employer
 1716  contributions as required by ss. 121.71, 121.74, 121.76, and
 1717  112.363 ss. 121.055(3) and 121.071(1)(a) and (4).
 1718         (4)(3)The retiree of a state-administered retirement
 1719  system who is initially reemployed before January 1, 2010, is
 1720  Such member shall be entitled to purchase additional retirement
 1721  credit in the Regular Class or the Senior Management Service
 1722  Class, as applicable, for any postretirement service performed
 1723  in a regularly established position as follows:
 1724         (a) For regular class service before prior to July 1, 1991,
 1725  by paying the Regular Class applicable employee and employer
 1726  contributions for the period being claimed, plus 4 percent
 1727  interest compounded annually from first year of service claimed
 1728  until July 1, 1975, and 6.5 percent interest compounded
 1729  thereafter, until full payment is made to the Florida Retirement
 1730  System Trust Fund; or
 1731         (b) For Senior Management Service Class before prior to
 1732  June 1, 1997, as provided in s. 121.055(1)(j).
 1733  
 1734  The contribution for postretirement service between July 1,
 1735  1985, and July 1, 1991, for which the reemployed retiree
 1736  contribution was paid, is shall be the difference between the
 1737  such contribution and the total applicable contribution for the
 1738  period being claimed, plus interest. The employer of such member
 1739  may pay the applicable employer contribution in lieu of the
 1740  member. If a member does not wish to claim credit for all of the
 1741  postretirement service for which he or she is eligible, the
 1742  service the member claims must be the most recent service.
 1743         (5)(4)No Creditable service for which credit was received,
 1744  or which remained unclaimed, at retirement may not be claimed or
 1745  applied toward service credit earned following renewed
 1746  membership. However, for retirees initially reemployed before
 1747  January 1, 2010, service earned as an elected officer with
 1748  renewed membership in the Elected Officers’ Class may be used in
 1749  conjunction with creditable service earned under this section,
 1750  if provided the applicable vesting requirements and other
 1751  existing statutory conditions required by this chapter are met.
 1752         (6)(5) Notwithstanding any other limitations provided in
 1753  this section, a participant of the State University System
 1754  Optional Retirement Program, the State Community College
 1755  Optional Retirement Program, or the Senior Management Service
 1756  Optional Annuity Program who terminated employment and commenced
 1757  receiving a distribution an annuity under the provisions of the
 1758  optional program, who initially renews membership before January
 1759  1, 2010, in the Regular Class as required by this section upon
 1760  reemployment after retirement, and who had previously earned
 1761  creditable Florida Retirement System service that was not
 1762  included in any retirement benefit may include such previous
 1763  service toward vesting and service credit in the second career
 1764  benefit provided under renewed membership.
 1765         (7)(6)A Any renewed member who is not receiving the
 1766  maximum health insurance subsidy provided in s. 112.363 is shall
 1767  be entitled to earn additional credit toward the maximum health
 1768  insurance subsidy. Any additional subsidy due because of such
 1769  additional credit may shall be received only at the time of
 1770  payment of the second career retirement benefit. In no case
 1771  shall The total health insurance subsidy received by a retiree
 1772  receiving benefits from initial and renewed membership may not
 1773  exceed the maximum allowed in s. 112.363.
 1774         Section 7. Paragraph (h) of subsection (3) and paragraphs
 1775  (a) and (e) of subsection (5) of section 121.35, Florida
 1776  Statutes, are amended, and paragraph (g) is added to subsection
 1777  (5) of that section, to read:
 1778         121.35 Optional retirement program for the State University
 1779  System.—
 1780         (3) ELECTION OF OPTIONAL PROGRAM.—
 1781         (h) A participant in the optional retirement program may
 1782  not participate in more than one state-administered retirement
 1783  system, plan, or class simultaneously. Except as provided in s.
 1784  121.052(6)(d), a participant who is or becomes dually employed
 1785  in two or more positions covered by the Florida Retirement
 1786  System, one of which is eligible for the optional program and
 1787  one of which is not, may remain a member of the optional program
 1788  and contributions shall be paid as required only on the salary
 1789  earned in the position eligible for the optional program during
 1790  the such period of dual employment; or, within 90 days after
 1791  becoming dually employed, he or she may elect membership in the
 1792  Regular Class of the Florida Retirement System in lieu of the
 1793  optional program and contributions shall be paid as required on
 1794  the total salary received for all employment. At retirement, the
 1795  average final compensation used to calculate any benefits for
 1796  which the member becomes eligible under the Florida Retirement
 1797  System must shall be based on all salary reported for both
 1798  positions during such period of dual employment. If the When
 1799  such member ceases to be dually employed, he or she may, within
 1800  90 days, elect to remain in the Florida Retirement System class
 1801  for which he or she is eligible or to again become a participant
 1802  in the optional retirement program. Failure to elect membership
 1803  in the optional program within 90 days shall result in
 1804  compulsory membership in the Florida Retirement System, except
 1805  that a member filling a faculty position at under a college with
 1806  a faculty practice plan at the University of Florida, at or the
 1807  Medical Center at the University of South Florida, or other
 1808  state university shall again participate in the optional
 1809  retirement program as required in s. 121.051(1)(a).
 1810         (5) BENEFITS.—
 1811         (a) Benefits are shall be payable under the optional
 1812  retirement program only to vested participants in the program,
 1813  or their beneficiaries as designated by the participant in the
 1814  contract with a provider company, and such benefits shall be
 1815  paid only by the designated company in accordance with s. 403(b)
 1816  of the Internal Revenue Code and in accordance with the terms of
 1817  the annuity contract or contracts applicable to the participant.
 1818  Benefits shall accrue in individual accounts that are
 1819  participant-directed, portable, and funded by employer
 1820  contributions and the earnings thereon. The participant must be
 1821  terminated from all employment with all Florida Retirement
 1822  System employers, as provided in s. 121.021(39), to begin
 1823  receiving the employer-funded benefit. Benefits funded by
 1824  employer contributions are shall be payable in accordance with
 1825  the following terms and conditions:
 1826         1. Benefits shall be paid payable only to a participant, to
 1827  his or her beneficiaries, or to his or her estate, as designated
 1828  by the participant.
 1829         2. Benefits shall be paid by the provider company or
 1830  companies in accordance with the law, the provisions of the
 1831  contract, and any applicable department board rule or policy.
 1832         3. In the event of a participant’s death, moneys
 1833  accumulated by, or on behalf of, the participant, less
 1834  withholding taxes remitted to the Internal Revenue Service, if
 1835  any, shall be distributed to the participant’s designated
 1836  beneficiary or beneficiaries, or to the participant’s estate, as
 1837  if the participant retired on the date of death, as provided in
 1838  paragraph (c). No other death benefits are shall be available to
 1839  for survivors of participants under the optional retirement
 1840  program except for such benefits, or coverage for such benefits,
 1841  as are separately afforded by the employer, at the employer’s
 1842  discretion.
 1843         (e) A participant who chooses to receive his or her
 1844  benefits upon termination of employment as defined in s.
 1845  121.021(39) must shall have responsibility to notify the
 1846  provider company of the date on which he or she wishes benefits
 1847  funded by employer contributions to begin. Benefits may be
 1848  deferred until such time as the participant chooses to make such
 1849  application.
 1850         (g)For purposes of this section, the term “retiree” means
 1851  a former participant of the optional retirement program who has
 1852  terminated employment and has taken a distribution, including a
 1853  rollover or trustee-to-trustee transfer, as provided in this
 1854  subsection, except for a mandatory distribution of a de minimis
 1855  account authorized by the department.
 1856         Section 8. Paragraph (f) of subsection (2) of section
 1857  121.4501, Florida Statutes, is amended to read:
 1858         121.4501 Public Employee Optional Retirement Program.—
 1859         (2) DEFINITIONS.—As used in this part, the term:
 1860         (f) “Eligible employee” means an officer or employee, as
 1861  defined in s. 121.021(11), who:
 1862         1. Is a member of, or is eligible for membership in, the
 1863  Florida Retirement System, including any renewed member of the
 1864  Florida Retirement System initially reemployed before January 1,
 1865  2010; or
 1866         2. Participates in, or is eligible to participate in, the
 1867  Senior Management Service Optional Annuity Program as
 1868  established under s. 121.055(6), the State Community College
 1869  System Optional Retirement Program as established under s.
 1870  121.051(2)(c), or the State University System Optional
 1871  Retirement Program established under s. 121.35.
 1872  
 1873  The term does not include any member participating in the
 1874  Deferred Retirement Option Program established under s.
 1875  121.091(13), a retiree of a state-administered retirement system
 1876  initially reemployed on or after January 1, 2010, or a mandatory
 1877  participant of the State University System Optional Retirement
 1878  Program established under s. 121.35.
 1879         Section 9. Paragraph (b) of subsection (1) of section
 1880  121.591, Florida Statutes, is amended to read:
 1881         121.591 Benefits payable under the Public Employee Optional
 1882  Retirement Program of the Florida Retirement System.—Benefits
 1883  may not be paid under this section unless the member has
 1884  terminated employment as provided in s. 121.021(39)(a) or is
 1885  deceased and a proper application has been filed in the manner
 1886  prescribed by the state board or the department. The state board
 1887  or department, as appropriate, may cancel an application for
 1888  retirement benefits when the member or beneficiary fails to
 1889  timely provide the information and documents required by this
 1890  chapter and the rules of the state board and department. In
 1891  accordance with their respective responsibilities as provided
 1892  herein, the State Board of Administration and the Department of
 1893  Management Services shall adopt rules establishing procedures
 1894  for application for retirement benefits and for the cancellation
 1895  of such application when the required information or documents
 1896  are not received. The State Board of Administration and the
 1897  Department of Management Services, as appropriate, are
 1898  authorized to cash out a de minimis account of a participant who
 1899  has been terminated from Florida Retirement System covered
 1900  employment for a minimum of 6 calendar months. A de minimis
 1901  account is an account containing employer contributions and
 1902  accumulated earnings of not more than $5,000 made under the
 1903  provisions of this chapter. Such cash-out must either be a
 1904  complete lump-sum liquidation of the account balance, subject to
 1905  the provisions of the Internal Revenue Code, or a lump-sum
 1906  direct rollover distribution paid directly to the custodian of
 1907  an eligible retirement plan, as defined by the Internal Revenue
 1908  Code, on behalf of the participant. If any financial instrument
 1909  issued for the payment of retirement benefits under this section
 1910  is not presented for payment within 180 days after the last day
 1911  of the month in which it was originally issued, the third-party
 1912  administrator or other duly authorized agent of the State Board
 1913  of Administration shall cancel the instrument and credit the
 1914  amount of the instrument to the suspense account of the Public
 1915  Employee Optional Retirement Program Trust Fund authorized under
 1916  s. 121.4501(6). Any such amounts transferred to the suspense
 1917  account are payable upon a proper application, not to include
 1918  earnings thereon, as provided in this section, within 10 years
 1919  after the last day of the month in which the instrument was
 1920  originally issued, after which time such amounts and any
 1921  earnings thereon shall be forfeited. Any such forfeited amounts
 1922  are assets of the Public Employee Optional Retirement Program
 1923  Trust Fund and are not subject to the provisions of chapter 717.
 1924         (1) NORMAL BENEFITS.—Under the Public Employee Optional
 1925  Retirement Program:
 1926         (b) If a participant elects to receive his or her benefits
 1927  upon termination of employment as defined in s. 121.021(39), the
 1928  participant must submit a written application or an equivalent
 1929  form to the third-party administrator indicating his or her
 1930  preferred distribution date and selecting an authorized method
 1931  of distribution as provided in paragraph (c). The participant
 1932  may defer receipt of benefits until he or she chooses to make
 1933  such application, subject to federal requirements.
 1934         Section 10. Subsection (1) of section 238.183, Florida
 1935  Statutes, is amended to read:
 1936         238.183 Developmental research school and Florida School
 1937  for the Deaf and the Blind instructional personnel; reemployment
 1938  after retirement.—
 1939         (1) Notwithstanding any other law, instructional personnel,
 1940  as defined in s. 1012.01(2), employed by a developmental
 1941  research school or the Florida School for the Deaf and the Blind
 1942  are eligible for reemployment after retirement in the same
 1943  manner as classroom teachers who are employed by the district
 1944  school boards, as described in ss. 121.091(9)(b) 121.091(9)(b)3.
 1945  and 238.181(2)(c).
 1946         Section 11. Paragraph (g) of subsection (3) of section
 1947  1012.33, Florida Statutes, is amended to read:
 1948         1012.33 Contracts with instructional staff, supervisors,
 1949  and school principals.—
 1950         (3)
 1951         (g) Beginning July 1, 2001, for each employee who enters
 1952  into a written contract, pursuant to this section, in a school
 1953  district in which the employee was not employed as of June 30,
 1954  2001, or was employed as of June 30, 2001, but has since broken
 1955  employment with that district for 1 school year or more, for
 1956  purposes of pay, a district school board must recognize and
 1957  accept each year of full-time public school teaching service
 1958  earned in this state the State of Florida or outside the state
 1959  and for which the employee received a satisfactory performance
 1960  evaluation. Instructional personnel employed pursuant to s.
 1961  121.091(b) s. 121.091(9)(b)3. are exempt from the provisions of
 1962  this paragraph.
 1963         Section 12. Sections 121.093 and 121.094, Florida Statutes,
 1964  are repealed.
 1965         Section 13. The Legislature finds that a proper and
 1966  legitimate state purpose is served when employees and retirees
 1967  of the state and its political subdivisions, as well as the
 1968  dependents, survivors, and beneficiaries of such employees and
 1969  retirees, are extended the basic protections afforded by
 1970  governmental retirement systems that provide fair and adequate
 1971  benefits and that are managed, administered, and funded in an
 1972  actuarially sound manner as required by s. 14, Art. X of the
 1973  State Constitution and part VII of chapter 112, Florida
 1974  Statutes. Therefore, the Legislature determines and declares
 1975  that the amendment of s. 121.091, Florida Statutes, by this act
 1976  fulfills an important state interest.
 1977         Section 14. Effective upon this act becoming a law, the
 1978  Department of Management Services shall request an actuarial
 1979  special study to determine the employer contribution rates
 1980  required by this act. The department shall notify the Governor,
 1981  the President of the Senate, and the Speaker of the House of
 1982  Representatives of the results of the actuarial special study
 1983  within 1 week after receiving the results.
 1984         Section 15. Except as otherwise expressly provided in this
 1985  act and except for this section, which shall take effect upon
 1986  becoming a law, this act shall take effect January 1, 2010;
 1987  except that this act shall not take effect if the Department of
 1988  Management Services receives an actuarial special study stating
 1989  that the provisions of this act require an increase of 0.01
 1990  percent or more in the employer contribution rate for any
 1991  Florida Retirement System member class, subclass, or the
 1992  Deferred Retirement Option Program.