Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 479, 2nd Eng.
       
       
       
       
       
       
                                Barcode 559986                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 4/AD/2R         .            Floor: C            
             04/30/2009 05:13 PM       .      05/01/2009 04:06 PM       
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       Senators Lawson, King, and Haridopolos moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 1388 - 2347
    4  and insert:
    5         (13) DEFERRED RETIREMENT OPTION PROGRAM.—In general, and
    6  subject to the provisions of this section, the Deferred
    7  Retirement Option Program, hereinafter referred to as the DROP,
    8  is a program under which an eligible member of the Florida
    9  Retirement System may elect to participate, deferring receipt of
   10  retirement benefits while continuing employment with his or her
   11  Florida Retirement System employer. The deferred monthly
   12  benefits shall accrue in the Florida Retirement System Trust
   13  Fund on behalf of the participant, plus interest compounded
   14  monthly, for the specified period of the DROP participation, as
   15  provided in paragraph (c). Upon termination of employment, the
   16  participant shall receive the total DROP benefits and begin to
   17  receive the previously determined normal retirement benefits.
   18  Participation in the DROP does not guarantee employment for the
   19  specified period of DROP. Participation in the DROP by an
   20  eligible member beyond the initial 60-month period as authorized
   21  in this subsection shall be on an annual contractual basis for
   22  all participants.
   23         (a) Eligibility of member to participate in the DROP.—All
   24  active Florida Retirement System members in a regularly
   25  established position, and all active members of either the
   26  Teachers’ Retirement System established in chapter 238 or the
   27  State and County Officers’ and Employees’ Retirement System
   28  established in chapter 122, which systems are consolidated
   29  within the Florida Retirement System under s. 121.011, are
   30  eligible to elect participation in the DROP if provided that:
   31         1. The member is not a renewed member of the Florida
   32  Retirement System under s. 121.122, or a member of the State
   33  Community College System Optional Retirement Program under s.
   34  121.051, the Senior Management Service Optional Annuity Program
   35  under s. 121.055, or the optional retirement program for the
   36  State University System under s. 121.35.
   37         2. Except as provided in subparagraph 6., election to
   38  participate is made within 12 months immediately following the
   39  date on which the member first reaches normal retirement date,
   40  or, for a member who reaches normal retirement date based on
   41  service before he or she reaches age 62, or age 55 for Special
   42  Risk Class members, election to participate may be deferred to
   43  the 12 months immediately following the date the member attains
   44  57, or age 52 for Special Risk Class members. A member who
   45  delays DROP participation during the 12-month period immediately
   46  following his or her maximum DROP deferral date, except as
   47  provided in subparagraph 6., loses a month of DROP participation
   48  for each month delayed. For a member who first reached normal
   49  retirement date or the deferred eligibility date described above
   50  prior to the effective date of this section, election to
   51  participate shall be made within 12 months after the effective
   52  date of this section. A member who fails to make an election
   53  within the such 12-month limitation period forfeits shall
   54  forfeit all rights to participate in the DROP. The member shall
   55  advise his or her employer and the division in writing of the
   56  date on which the DROP begins shall begin. The Such beginning
   57  date may be subsequent to the 12-month election period, but must
   58  be within the original 60-month participation or, with respect
   59  to members who are instructional personnel employed by the
   60  Florida School for the Deaf and the Blind and who have received
   61  authorization by the Board of Trustees of the Florida School for
   62  the Deaf and the Blind to participate in the DROP beyond 60
   63  months, or who are instructional personnel as defined in s.
   64  1012.01(2)(a)-(d) in grades K-12 and who have received
   65  authorization by the district school superintendent to
   66  participate in the DROP beyond 60 months, the 96-month
   67  limitation period as provided in subparagraph (b)1. When
   68  establishing eligibility of the member to participate in the
   69  DROP for the 60-month or, with respect to members who are
   70  instructional personnel employed by the Florida School for the
   71  Deaf and the Blind and who have received authorization by the
   72  Board of Trustees of the Florida School for the Deaf and the
   73  Blind to participate in the DROP beyond 60 months, or who are
   74  instructional personnel as defined in s. 1012.01(2)(a)-(d) in
   75  grades K-12 and who have received authorization by the district
   76  school superintendent to participate in the DROP beyond 60
   77  months, the 96-month maximum participation period, the member
   78  may elect to include or exclude any optional service credit
   79  purchased by the member from the total service used to establish
   80  the normal retirement date. A member who has with dual normal
   81  retirement dates is shall be eligible to elect to participate in
   82  DROP within 12 months after attaining normal retirement date in
   83  either class.
   84         3. The employer of a member electing to participate in the
   85  DROP, or employers if dually employed, shall acknowledge in
   86  writing to the division the date the member’s participation in
   87  the DROP begins and the date the member’s employment and DROP
   88  participation will terminate.
   89         4. Simultaneous employment of a participant by additional
   90  Florida Retirement System employers subsequent to the
   91  commencement of participation in the DROP is shall be
   92  permissible if provided such employers acknowledge in writing a
   93  DROP termination date no later than the participant’s existing
   94  termination date or the maximum participation 60-month
   95  limitation period as provided in subparagraph (b)1.
   96         5. A DROP participant may change employers while
   97  participating in the DROP, subject to the following:
   98         a. A change of employment must take place without a break
   99  in service so that the member receives salary for each month of
  100  continuous DROP participation. If a member receives no salary
  101  during a month, DROP participation shall cease unless the
  102  employer verifies a continuation of the employment relationship
  103  for such participant pursuant to s. 121.021(39)(b).
  104         b. Such participant and new employer shall notify the
  105  division of the identity of the new employer on forms required
  106  by the division as to the identity of the new employer.
  107         c. The new employer shall acknowledge, in writing, the
  108  participant’s DROP termination date, which may be extended but
  109  not beyond the maximum participation original 60-month or, with
  110  respect to members who are instructional personnel employed by
  111  the Florida School for the Deaf and the Blind and who have
  112  received authorization by the Board of Trustees of the Florida
  113  School for the Deaf and the Blind to participate in the DROP
  114  beyond 60 months, or who are instructional personnel as defined
  115  in s. 1012.01(2)(a)-(d) in grades K-12 and who have received
  116  authorization by the district school superintendent to
  117  participate in the DROP beyond 60 months, the 96-month period
  118  provided in subparagraph (b)1., shall acknowledge liability for
  119  any additional retirement contributions and interest required if
  120  the participant fails to timely terminate employment, and is
  121  shall be subject to the adjustment required in sub-subparagraph
  122  (c)5.d.
  123         6. Effective July 1, 2001, for instructional personnel as
  124  defined in s. 1012.01(2), election to participate in the DROP
  125  may shall be made at any time following the date on which the
  126  member first reaches normal retirement date. The member shall
  127  advise his or her employer and the division in writing of the
  128  date on which DROP begins the Deferred Retirement Option Program
  129  shall begin. When establishing eligibility of the member to
  130  participate in the DROP for the 60-month or, with respect to
  131  members who are instructional personnel employed by the Florida
  132  School for the Deaf and the Blind and who have received
  133  authorization by the Board of Trustees of the Florida School for
  134  the Deaf and the Blind to participate in the DROP beyond 60
  135  months, or who are instructional personnel as defined in s.
  136  1012.01(2)(a)-(d) in grades K-12 and who have received
  137  authorization by the district school superintendent to
  138  participate in the DROP beyond 60 months, the 96-month maximum
  139  participation period, as provided in subparagraph (b)1., the
  140  member may elect to include or exclude any optional service
  141  credit purchased by the member from the total service used to
  142  establish the normal retirement date. A member who has with dual
  143  normal retirement dates is shall be eligible to elect to
  144  participate in either class.
  145         (b) Participation in the DROP.—
  146         1. An eligible member may elect to participate in the DROP
  147  for a period not to exceed a maximum of 60 calendar months.
  148  However, or, with respect to members who are instructional
  149  personnel employed by the Florida School for the Deaf and the
  150  Blind and authorized who have received authorization by the
  151  Board of Trustees of the Florida School for the Deaf and the
  152  Blind to participate in the DROP beyond 60 months, or who are
  153  instructional personnel as defined in s. 1012.01(2)(a)-(d) in
  154  grades K-12 and authorized who have received authorization by
  155  the district school superintendent to participate in the DROP
  156  beyond 60 calendar months, or who are instructional personnel as
  157  defined in s. 1012.01(2)(a) employed by a developmental research
  158  school and authorized by the school’s director, or if the school
  159  has no director, by the school’s principal, may participate in
  160  DROP for up to 36 calendar months beyond the 60-month period. 96
  161  calendar months immediately following the date on which the
  162  member first reaches his or her normal retirement date or the
  163  date to which he or she is eligible to defer his or her election
  164  to participate as provided in subparagraph (a)2. However, a
  165  member who has reached normal retirement date prior to the
  166  effective date of the DROP shall be eligible to participate in
  167  the DROP for a period of time not to exceed 60 calendar months
  168  or, with respect to members who are instructional personnel
  169  employed by the Florida School for the Deaf and the Blind and
  170  who have received authorization by the Board of Trustees of the
  171  Florida School for the Deaf and the Blind to participate in the
  172  DROP beyond 60 months, or who are instructional personnel as
  173  defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have
  174  received authorization by the district school superintendent to
  175  participate in the DROP beyond 60 calendar months, 96 calendar
  176  months immediately following the effective date of the DROP,
  177  except a member of the Special Risk Class who has reached normal
  178  retirement date prior to the effective date of the DROP and
  179  whose total accrued value exceeds 75 percent of average final
  180  compensation as of his or her effective date of retirement shall
  181  be eligible to participate in the DROP for no more than 36
  182  calendar months immediately following the effective date of the
  183  DROP.
  184         2. Upon deciding to participate in the DROP, the member
  185  shall submit, on forms required by the division:
  186         a. A written election to participate in the DROP;
  187         b. Selection of the DROP participation and termination
  188  dates that, which satisfy the limitations stated in paragraph
  189  (a) and subparagraph 1. The Such termination date must shall be
  190  in a binding letter of resignation to with the employer,
  191  establishing a deferred termination date. The member may change
  192  the termination date within the limitations of subparagraph 1.,
  193  but only with the written approval of the his or her employer;
  194         c. A properly completed DROP application for service
  195  retirement as provided in this section; and
  196         d. Any other information required by the division.
  197         3. The DROP participant is shall be a retiree under the
  198  Florida Retirement System for all purposes, except for paragraph
  199  (5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053,
  200  and 121.122. DROP participation is final and may not be canceled
  201  by the participant after the first payment is credited during
  202  the DROP participation period. However, participation in the
  203  DROP does not alter the participant’s employment status, and the
  204  member is such employee shall not be deemed retired from
  205  employment until his or her deferred resignation is effective
  206  and termination occurs as defined provided in s. 121.021(39).
  207         4. Elected officers are shall be eligible to participate in
  208  the DROP subject to the following:
  209         a. An elected officer who reaches normal retirement date
  210  during a term of office may defer the election to participate in
  211  the DROP until the next succeeding term in that office. An Such
  212  elected officer who exercises this option may participate in the
  213  DROP for up to 60 calendar months or a period of no longer than
  214  the such succeeding term of office, whichever is less.
  215         b. An elected or a nonelected participant may run for a
  216  term of office while participating in DROP and, if elected,
  217  extend the DROP termination date accordingly;, except, however,
  218  if such additional term of office exceeds the 60-month
  219  limitation established in subparagraph 1., and the officer does
  220  not resign from office within such 60-month limitation, the
  221  retirement and the participant’s DROP is shall be null and void
  222  as provided in sub-subparagraph (c)5.d.
  223         c. An elected officer who is dually employed and elects to
  224  participate in DROP must terminate all employment relationships
  225  as provided in s. 121.021(39) for the nonelected position shall
  226  be required to satisfy the definition of termination within the
  227  original 60-month period or maximum participation or, with
  228  respect to members who are instructional personnel employed by
  229  the Florida School for the Deaf and the Blind and who have
  230  received authorization by the Board of Trustees of the Florida
  231  School for the Deaf and the Blind to participate in the DROP
  232  beyond 60 months, or who are instructional personnel as defined
  233  in s. 1012.01(2)(a)-(d) in grades K-12 and who have received
  234  authorization by the district school superintendent to
  235  participate in the DROP beyond 60 months, the 96-month
  236  limitation period as provided in subparagraph 1. For DROP
  237  participation ending: for the nonelected position and
  238         (I)Before July 1, 2010, the officer may continue
  239  employment as an elected officer as provided in s. 121.053. The
  240  elected officer shall will be enrolled as a renewed member in
  241  the Elected Officers’ Class or the Regular Class, as provided in
  242  ss. 121.053 and 121.122, on the first day of the month after
  243  termination of employment in the nonelected position and
  244  termination of DROP. Distribution of the DROP benefits shall be
  245  made as provided in paragraph (c).
  246         (II)On or after July 1, 2010, the officer may continue
  247  employment as an elected officer but must defer termination as
  248  provided in s. 121.053.
  249         (c) Benefits payable under the DROP.—
  250         1. Effective on with the date of DROP participation, the
  251  member’s initial normal monthly benefit, including creditable
  252  service, optional form of payment, and average final
  253  compensation, and the effective date of retirement are shall be
  254  fixed. The beneficiary established under the Florida Retirement
  255  System is shall be the beneficiary eligible to receive any DROP
  256  benefits payable if the DROP participant dies before completing
  257  prior to the completion of the period of DROP participation. If
  258  In the event a joint annuitant predeceases the member, the
  259  member may name a beneficiary to receive accumulated DROP
  260  benefits payable. The Such retirement benefit, the annual cost
  261  of living adjustments provided in s. 121.101, and interest shall
  262  accrue monthly in the Florida Retirement System Trust Fund. The
  263  Such interest accrues shall accrue at an effective annual rate
  264  of 6.5 percent compounded monthly, on the prior month’s
  265  accumulated ending balance, up to the month of termination or
  266  death, except as provided in s. 121.053(7).
  267         2. Each employee who elects to participate in the DROP may
  268  shall be allowed to elect to receive a lump-sum payment for
  269  accrued annual leave earned in accordance with agency policy
  270  upon beginning participation in the DROP. The Such accumulated
  271  leave payment certified to the division upon commencement of
  272  DROP shall be included in the calculation of the member’s
  273  average final compensation. The employee electing the such lump
  274  sum payment is upon beginning participation in DROP will not be
  275  eligible to receive a second lump-sum payment upon termination,
  276  except to the extent the employee has earned additional annual
  277  leave which, combined with the original payment, does not exceed
  278  the maximum lump-sum payment allowed by the employing agency’s
  279  policy or rules. An Such early lump-sum payment shall be based
  280  on the hourly wage of the employee at the time he or she begins
  281  participation in the DROP. If the member elects to wait and
  282  receive a such lump-sum payment upon termination of DROP and
  283  termination of employment with the employer, any accumulated
  284  leave payment made at that time may not cannot be included in
  285  the member’s retirement benefit, which was determined and fixed
  286  by law when the employee elected to participate in the DROP.
  287         3. The effective date of DROP participation and the
  288  effective date of retirement of a DROP participant shall be the
  289  first day of the month selected by the member to begin
  290  participation in the DROP, provided such date is properly
  291  established, with the written confirmation of the employer, and
  292  the approval of the division, on forms required by the division.
  293         4. Normal retirement benefits and any interest thereon
  294  shall continue to accrue in the DROP until the established
  295  termination date of the DROP, or until the participant
  296  terminates employment or dies prior to such date, except as
  297  provided in s. 121.053(7). Although individual DROP accounts
  298  shall not be established, a separate accounting of each
  299  participant’s accrued benefits under the DROP shall be
  300  calculated and provided to participants.
  301         5. At the conclusion of the participant’s DROP, the
  302  division shall distribute the participant’s total accumulated
  303  DROP benefits, subject to the following provisions:
  304         a. The division shall receive verification by the
  305  participant’s employer or employers that the such participant
  306  has terminated all employment relationships as provided in s.
  307  121.021(39)(b).
  308         b. The terminated DROP participant or, if deceased, the
  309  such participant’s named beneficiary, shall elect on forms
  310  provided by the division to receive payment of the DROP benefits
  311  in accordance with one of the options listed below. If For a
  312  participant or beneficiary who fails to elect a method of
  313  payment within 60 days after of termination of the DROP, the
  314  division shall will pay a lump sum as provided in sub-sub
  315  subparagraph (I).
  316         (I) Lump sum.—All accrued DROP benefits, plus interest,
  317  less withholding taxes remitted to the Internal Revenue Service,
  318  shall be paid to the DROP participant or surviving beneficiary.
  319         (II) Direct rollover.—All accrued DROP benefits, plus
  320  interest, shall be paid from the DROP directly to the custodian
  321  of an eligible retirement plan as defined in s. 402(c)(8)(B) of
  322  the Internal Revenue Code. However, in the case of an eligible
  323  rollover distribution to the surviving spouse of a deceased
  324  participant, an eligible retirement plan is an individual
  325  retirement account or an individual retirement annuity as
  326  described in s. 402(c)(9) of the Internal Revenue Code.
  327         (III) Partial lump sum.—A portion of the accrued DROP
  328  benefits shall be paid to the DROP participant or surviving
  329  spouse, less withholding taxes remitted to the Internal Revenue
  330  Service, and the remaining DROP benefits must shall be
  331  transferred directly to the custodian of an eligible retirement
  332  plan as defined in s. 402(c)(8)(B) of the Internal Revenue Code.
  333  However, in the case of an eligible rollover distribution to the
  334  surviving spouse of a deceased participant, an eligible
  335  retirement plan is an individual retirement account or an
  336  individual retirement annuity as described in s. 402(c)(9) of
  337  the Internal Revenue Code. The proportions must shall be
  338  specified by the DROP participant or surviving beneficiary.
  339         c. The form of payment selected by the DROP participant or
  340  surviving beneficiary must comply complies with the minimum
  341  distribution requirements of the Internal Revenue Code.
  342         d. A DROP participant who fails to terminate all employment
  343  relationships as provided defined in s. 121.021(39)(b) shall be
  344  deemed as not to be retired, and the DROP election is shall be
  345  null and void. Florida Retirement System membership shall be
  346  reestablished retroactively to the date of the commencement of
  347  the DROP, and each employer with whom the participant continues
  348  employment must shall be required to pay to the Florida
  349  Retirement System Trust Fund the difference between the DROP
  350  contributions paid in paragraph (i) and the contributions
  351  required for the applicable Florida Retirement System class of
  352  membership during the period the member participated in the
  353  DROP, plus 6.5 percent interest compounded annually.
  354         6.The retirement benefits of any DROP participant who
  355  terminates all employment relationships as provided in s.
  356  121.021(39) but is reemployed in violation of the reemployment
  357  provisions of subsection (9) shall be suspended during those
  358  months in which the retiree is in violation. Any retiree in
  359  violation of this subparagraph and any employer that employs or
  360  appoints such person without notifying the Division of
  361  Retirement to suspend retirement benefits are jointly and
  362  severally liable for any benefits paid during the reemployment
  363  limitation period. The employer must have a written statement
  364  from the retiree that he or she is not retired from a state
  365  administered retirement system. Any retirement benefits received
  366  by a retiree while employed in violation of the reemployment
  367  limitations must be repaid to the Florida Retirement System
  368  Trust Fund, and his or her retirement benefits shall remain
  369  suspended until payment is made. Benefits suspended beyond the
  370  end of the reemployment limitation period apply toward repayment
  371  of benefits received in violation of the reemployment
  372  limitation.
  373         7.6. The accrued benefits of any DROP participant, and any
  374  contributions accumulated under the such program, are shall not
  375  be subject to assignment, execution, attachment, or to any legal
  376  process whatsoever, except for qualified domestic relations
  377  orders by a court of competent jurisdiction, income deduction
  378  orders as provided in s. 61.1301, and federal income tax levies.
  379         8.7. DROP participants are shall not be eligible for
  380  disability retirement benefits as provided in subsection (4).
  381         (d) Death benefits under the DROP.—
  382         1. Upon the death of a DROP participant, the named
  383  beneficiary is shall be entitled to apply for and receive the
  384  accrued benefits in the DROP as provided in sub-subparagraph
  385  (c)5.b.
  386         2. The normal retirement benefit accrued to the DROP during
  387  the month of a participant’s death is shall be the final monthly
  388  benefit credited for such DROP participant.
  389         3. Eligibility to participate in the DROP terminates upon
  390  death of the participant. If the participant dies on or after
  391  the effective date of enrollment in the DROP, but before prior
  392  to the first monthly benefit is being credited to the DROP,
  393  Florida Retirement System benefits are shall be paid in
  394  accordance with subparagraph (7)(c)1. or subparagraph 2.
  395         4. A DROP participant’s participants’ survivors are shall
  396  not be eligible to receive Florida Retirement System death
  397  benefits as provided in paragraph (7)(d).
  398         (e) Cost-of-living adjustment.—On each July 1, the
  399  participant’s participants’ normal retirement benefit shall be
  400  increased as provided in s. 121.101.
  401         (f) Retiree health insurance subsidy.—DROP participants are
  402  not eligible to apply for the retiree health insurance subsidy
  403  payments as provided in s. 112.363 until such participants have
  404  terminated employment and participation in the DROP.
  405         (g) Renewed membership.—DROP participants are shall not be
  406  eligible for renewed membership in the Florida Retirement System
  407  under ss. 121.053 and 121.122 until all employment relationships
  408  are terminated termination of employment is effectuated as
  409  provided in s. 121.021(39)(b).
  410         (h) Employment limitation after DROP participation.— Upon
  411  satisfying the definition of termination of employment as
  412  defined provided in s. 121.021(39)(b), DROP participants are
  413  shall be subject to the same such reemployment limitations as
  414  other retirees. Reemployment restrictions applicable to retirees
  415  as provided in subsection (9) do shall not apply to DROP
  416  participants until their employment and participation in the
  417  DROP are terminated.
  418         (i) Contributions.—
  419         1. All employers paying the salary of a DROP participant
  420  filling a regularly established position shall contribute 8.0
  421  percent of such participant’s gross compensation for the period
  422  of July 1, 2002, through June 30, 2003, and the percentage 11.56
  423  percent of such compensation required by s. 121.71 thereafter,
  424  which shall constitute the entire employer DROP contribution
  425  with respect to such participant. Such contributions, payable to
  426  the Florida Retirement System Trust Fund in the same manner as
  427  required in s. 121.071, must shall be made as appropriate for
  428  each pay period and are in addition to contributions required
  429  for social security and the Retiree Health Insurance Subsidy
  430  Trust Fund. Such employer, social security, and health insurance
  431  subsidy contributions are not included in the DROP.
  432         2. The employer shall, in addition to subparagraph 1., also
  433  withhold one-half of the entire social security contribution
  434  required for the participant. Contributions for social security
  435  by each participant and each employer, in the amount required
  436  for social security coverage as now or hereafter provided by the
  437  federal Social Security Act, are shall be in addition to
  438  contributions specified in subparagraph 1.
  439         3. All employers paying the salary of a DROP participant
  440  filling a regularly established position shall contribute the
  441  percent of such participant’s gross compensation required in s.
  442  121.071(4), which shall constitute the employer’s health
  443  insurance subsidy contribution with respect to such participant.
  444  Such contributions must shall be deposited by the administrator
  445  in the Retiree Health Insurance Subsidy Trust Fund.
  446         (j) Forfeiture of retirement benefits.—Nothing in This
  447  section does not shall be construed to remove DROP participants
  448  from the scope of s. 8(d), Art. II of the State Constitution, s.
  449  112.3173, and paragraph (5)(f). DROP participants who commit a
  450  specified felony offense while employed are will be subject to
  451  forfeiture of all retirement benefits, including DROP benefits,
  452  pursuant to those provisions of law.
  453         (k) Administration of program.—The division shall adopt
  454  make such rules as are necessary for the effective and efficient
  455  administration of this subsection. The division is shall not be
  456  required to advise members of the federal tax consequences of an
  457  election related to the DROP but may advise members to seek
  458  independent advice.
  459         (14) PAYMENT OF BENEFITS.—This subsection applies to the
  460  payment of benefits to a payee (retiree or beneficiary) under
  461  the Florida Retirement System:
  462         (a) Federal income tax shall be withheld in accordance with
  463  federal law, unless the payee elects otherwise on Form W-4P. The
  464  division shall prepare and distribute to each recipient of
  465  monthly retirement benefits an appropriate income tax form that
  466  reflects the recipient’s income and federal income tax withheld
  467  for the calendar year just ended.
  468         (b) Subject to approval by the division in accordance with
  469  rule 60S-4.015, Florida Administrative Code, a payee receiving
  470  retirement benefits under the Florida Retirement system may also
  471  have the following payments deducted from his or her monthly
  472  benefit:
  473         1. Premiums for life and health-related insurance policies
  474  from approved companies.
  475         2. Life insurance premiums for the State Group Life
  476  Insurance Plan, if authorized in writing by the payee and by the
  477  department of Management Services.
  478         3. Repayment of overpayments from the Florida Retirement
  479  System Trust Fund, the State Employees’ Health Insurance Trust
  480  Fund, or the State Employees’ Life Insurance Trust Fund, upon
  481  notification of the payee.
  482         4. Payments to an alternate payee for alimony or, child
  483  support pursuant to an income deduction order under s. 61.1301,
  484  or division of marital assets pursuant to a qualified domestic
  485  relations order under s. 222.21 or an income deduction order
  486  under s. 61.1301.
  487         5. Payments to the Internal Revenue Service for federal
  488  income tax levies, upon notification of the division by the
  489  Internal Revenue Service.
  490         (c) A payee must shall notify the division of any change in
  491  his or her address. The division may suspend benefit payments to
  492  a payee if correspondence sent to the payee’s mailing address is
  493  returned due to an incorrect address. Benefit payments shall be
  494  resumed upon notification to the division of the payee’s new
  495  address.
  496         (d) A payee whose retirement benefits are reduced by the
  497  application of maximum benefit limits under s. 415(b) of the
  498  Internal Revenue Code, as specified in s. 121.30(5), shall have
  499  the portion of his or her calculated benefit in the Florida
  500  Retirement System defined benefit plan which exceeds such
  501  federal limitation paid through the Florida Retirement System
  502  Preservation of Benefits Plan, as provided in s. 121.1001.
  503         (e)The Division of Retirement may issue retirement
  504  benefits payable for division of marital assets pursuant to a
  505  qualified domestic relations order directly to the alternate
  506  payee, any court order to the contrary notwithstanding, in order
  507  to meet Internal Revenue Code requirements.
  508         (f)(e)A No benefit may not be reduced for the purpose of
  509  preserving the member’s eligibility for a federal program.
  510         (g)(f) The division shall adopt rules establishing
  511  procedures for determining that the persons to whom benefits are
  512  being paid are still living. The division shall suspend the
  513  benefits being paid to any payee if when it is unable to contact
  514  such payee and to confirm that he or she is still living.
  515         Section 10. Section 121.1115, Florida Statutes, is amended
  516  to read:
  517         121.1115 Purchase of retirement credit for out-of-state or
  518  and federal service.—Effective January 1, 1995, a member of the
  519  Florida Retirement System may purchase creditable service for
  520  periods of public employment in another state and receive
  521  creditable service for such periods of employment. Service with
  522  the Federal Government, including any active military service,
  523  may be claimed. Upon completion of each year of service earned
  524  under the Florida Retirement System, a member may purchase up to
  525  1 year of retirement credit for his or her out-of-state service,
  526  subject to the following provisions:
  527         (1) LIMITATIONS AND CONDITIONS.—To receive credit for the
  528  out-of-state service:
  529         (a) The out-of-state service being claimed must have been:
  530         1. Performed in a position of employment with the state or
  531  a political subdivision thereof or with the Federal Government;
  532         2. Covered by a retirement or pension plan provided by the
  533  state or political subdivision, or by the Federal Government, as
  534  appropriate; and
  535         3. Performed prior to a period of membership in the Florida
  536  Retirement System.
  537         (b) The member must have completed a minimum of 6 years of
  538  creditable service under the Florida Retirement System,
  539  excluding out-of-state service and in-state service claimed and
  540  purchased under s. 121.1122.
  541         (c) Not more than 5 years of creditable service may be
  542  claimed for creditable service aggregated under the provisions
  543  of this section and s. 121.1122.
  544         (d) The out-of-state service credit claimed under this
  545  section shall be credited only as service in the Regular Class
  546  of membership, and any benefit or pension based thereon is shall
  547  be subject to the limitations and restrictions of s. 112.65.
  548         (e)The member is not eligible for and may not receive a
  549  pension or benefit from a retirement or pension plan based on or
  550  including the out-of-state service. Eligibility for or the
  551  receipt of contributions to a retirement plan made by the
  552  employer on behalf of the employee is considered a benefit.
  553         (f)(e)A member shall be eligible To receive service credit
  554  for out-of-state service performed after leaving the Florida
  555  Retirement System, the member must complete only upon return to
  556  membership and completion of at least 1 year of creditable
  557  service in the Florida Retirement System following the out-of
  558  state service.
  559         (2) COST.—For each year claimed, the member must pay into
  560  the Florida Retirement System Trust Fund an amount equal to 20
  561  percent of the member’s annual compensation for the first full
  562  work year of creditable service earned under the Florida
  563  Retirement System, but not less than $12,000, plus interest at
  564  6.5 percent compounded annually from the date of first annual
  565  salary earned until full payment is made. The employer may pay
  566  all or a portion of the cost of this service credit.
  567         Section 11. Subsection (2) of section 121.1122, Florida
  568  Statutes, is amended to read:
  569         121.1122 Purchase of retirement credit for in-state public
  570  service and in-state service in accredited nonpublic schools and
  571  colleges, including charter schools and charter technical career
  572  centers.—Effective January 1, 1998, a member of the Florida
  573  Retirement System may purchase creditable service for periods of
  574  certain public or nonpublic employment performed in this state,
  575  as provided in this section.
  576         (2) LIMITATIONS AND CONDITIONS.—
  577         (a) A member is not eligible to receive credit for in-state
  578  service under this section until he or she has completed 6 years
  579  of creditable service under the Florida Retirement System,
  580  excluding service purchased under this section and out-of-state
  581  service claimed and purchased under s. 121.1115.
  582         (b) A member may not purchase and receive credit for more
  583  than 5 years of creditable service aggregated under the
  584  provisions of this section and s. 121.1115.
  585         (c) Service credit claimed under this section shall be
  586  credited only as service in the Regular Class of membership and
  587  is shall be subject to the provisions of s. 112.65.
  588         (d)Service credit may not be purchased under this section
  589  if the member is eligible to receive or is receiving a pension
  590  or benefit from a retirement or pension plan based on or
  591  including the service. Eligibility for or the receipt of
  592  contributions to a retirement plan made by the employer on
  593  behalf of the employee is considered a benefit.
  594         (e)(d) A member is shall be eligible to receive service
  595  credit for in-state service performed after leaving the Florida
  596  Retirement System only after upon returning to membership and
  597  completing at least 1 year of creditable service in the Florida
  598  Retirement System following the in-state service.
  599         (f)(e) The service claimed must have been service covered
  600  by a retirement or pension plan provided by the employer.
  601         Section 12. Section 121.122, Florida Statutes, is amended
  602  to read:
  603         121.122 Renewed membership in system.—
  604         (1) Except as provided in s. 121.053, effective July 1,
  605  1991, through June 30, 2010 any retiree of a state-administered
  606  retirement system who is initially reemployed employed in a
  607  regularly established position with a covered employer,
  608  including an elective public office that does not qualify for
  609  the Elected Officer’s Class, shall be enrolled as a compulsory
  610  member of the Regular Class of the Florida Retirement System.
  611  or, Effective July 1, 1997, through June 30, 2010, any retiree
  612  of a state-administered retirement system who is initially
  613  reemployed employed in a position included in the Senior
  614  Management Service Class shall be enrolled as a compulsory
  615  member of the Senior Management Service Class of the Florida
  616  Retirement System as provided in s. 121.055. A retiree is, and
  617  shall be entitled to receive an additional retirement benefit,
  618  subject to the following conditions:
  619         (1)(a) Such member must shall resatisfy the age and service
  620  requirements as provided in this chapter for initial membership
  621  under the system, unless such member elects to participate in
  622  the Senior Management Service Optional Annuity Program in lieu
  623  of the Senior Management Service Class, as provided in s.
  624  121.055(6).
  625         (b) Such member is shall not be entitled to disability
  626  benefits as provided in s. 121.091(4).
  627         (c) Such member must meet the reemployment after retirement
  628  limitations as provided in s. 121.091(9), as applicable.
  629         (d)(2) Upon renewed membership or reemployment of a
  630  retiree, the employer of such member shall pay the applicable
  631  employer contributions as required by ss. 121.71, 121.74,
  632  121.76, and 112.363 121.055(3) and 121.071(1)(a) and (4).
  633         (e)(3) Such member is shall be entitled to purchase
  634  additional retirement credit in the Regular Class or the Senior
  635  Management Service Class, as applicable, for any postretirement
  636  service performed in a regularly established position as
  637  follows:
  638         1.(a) For regular class service prior to July 1, 1991, by
  639  paying the Regular Class applicable employee and employer
  640  contributions for the period being claimed, plus 4 percent
  641  interest compounded annually from first year of service claimed
  642  until July 1, 1975, and 6.5 percent interest compounded
  643  thereafter, until full payment is made to the Florida Retirement
  644  System Trust Fund; or
  645         2.(b) For Senior Management Service Class prior to June 1,
  646  1997, as provided in s. 121.055(1)(j).
  647  
  648  The contribution for postretirement service between July 1,
  649  1985, and July 1, 1991, for which the reemployed retiree
  650  contribution was paid, shall be the difference between such
  651  contribution and the total applicable contribution for the
  652  period being claimed, plus interest. The employer of such member
  653  may pay the applicable employer contribution in lieu of the
  654  member. If a member does not wish to claim credit for all of the
  655  postretirement service for which he or she is eligible, the
  656  service the member claims must be the most recent service.
  657         (f)(4) No creditable service for which credit was received,
  658  or which remained unclaimed, at retirement may be claimed or
  659  applied toward service credit earned following renewed
  660  membership. However, service earned as an elected officer with
  661  renewed membership in the Elected Officers’ Class may be used in
  662  conjunction with creditable service earned under this section,
  663  provided the applicable vesting requirements and other existing
  664  statutory conditions required by this chapter are met.
  665         (g)(5) Notwithstanding any other limitations provided in
  666  this section, a participant of the State University System
  667  Optional Retirement Program, the State Community College
  668  Optional Retirement Program, or the Senior Management Service
  669  Optional Annuity Program who terminated employment and commenced
  670  receiving a distribution an annuity under the provisions of the
  671  optional program, who initially renews membership in the Regular
  672  Class as required by this section upon reemployment after
  673  retirement, and who had previously earned creditable Florida
  674  Retirement System service that was not included in any
  675  retirement benefit may include such previous service toward
  676  vesting and service credit in the second career benefit provided
  677  under renewed membership.
  678         (h)(6)A Any renewed member who is not receiving the
  679  maximum health insurance subsidy provided in s. 112.363 is shall
  680  be entitled to earn additional credit toward the maximum health
  681  insurance subsidy. Any additional subsidy due because of such
  682  additional credit may shall be received only at the time of
  683  payment of the second career retirement benefit. In no case
  684  shall The total health insurance subsidy received by a retiree
  685  receiving benefits from initial and renewed membership may not
  686  exceed the maximum allowed in s. 112.363.
  687         (2)A retiree of a state-administered retirement system who
  688  is initially reemployed on or after July 1, 2010, is not
  689  eligible for renewed membership.
  690         Section 13. Section 121.136, Florida Statutes, is amended
  691  to read:
  692         121.136 Annual benefit statement to members.—Each year
  693  Beginning January 1, 1993, and each January thereafter, the
  694  department shall provide each active member of the Florida
  695  Retirement System with 5 or more years of creditable service an
  696  annual statement of benefits that provides. Such statement
  697  should provide the member with basic data about the member’s
  698  retirement account. At a minimum Minimally, it must shall
  699  include the member’s retirement plan, accrued service credit the
  700  amount of funds on deposit in the retirement account, and an
  701  estimate of retirement benefits.
  702         Section 14. Section 121.1905, Florida Statutes, is amended
  703  to read:
  704         121.1905 Division of Retirement; creation.—
  705         (1) There is created the Division of Retirement within the
  706  Department of Management Services.
  707         (2)The mission of the Division of Retirement is to provide
  708  quality and cost-effective retirement services as measured by
  709  member satisfaction and by comparison with administrative costs
  710  of comparable retirement systems.
  711         Section 15. Paragraph (a) of subsection (2) of section
  712  121.23, Florida Statutes, is amended to read:
  713         121.23 Disability retirement and special risk membership
  714  applications; Retirement Commission; powers and duties; judicial
  715  review.—The provisions of this section apply to all proceedings
  716  in which the administrator has made a written final decision on
  717  the merits respecting applications for disability retirement,
  718  reexamination of retired members receiving disability benefits,
  719  applications for special risk membership, and reexamination of
  720  special risk members in the Florida Retirement System. The
  721  jurisdiction of the State Retirement Commission under this
  722  section shall be limited to written final decisions of the
  723  administrator on the merits.
  724         (2) A member shall be entitled to a hearing before the
  725  State Retirement Commission pursuant to ss. 120.569 and
  726  120.57(1) on the merits of any written adverse decision of the
  727  administrator, if he or she files with the commission a written
  728  request for such hearing within 21 days after receipt of such
  729  written decision from the administrator. For the purpose of such
  730  hearings, the commission shall be an “agency head” as defined by
  731  s. 120.52.
  732         (a) The commission may shall have the authority to issue
  733  orders as a result of the a hearing that are shall be binding on
  734  all parties to the dispute and. The commission may order any
  735  action that it deems appropriate. Any disability retirement
  736  order of the commission that issued pursuant to this subsection
  737  which sustains the application of the member may include an
  738  amount, to be determined by the commission, for reasonable
  739  attorney’s fees and taxable costs, which shall be calculated in
  740  accordance with the statewide uniform guidelines for taxation of
  741  costs in civil actions. The amount of the attorney’s fees fee
  742  may not exceed 50 percent of the initial yearly benefit awarded
  743  under s. 121.091(4). In cases involving disability retirement,
  744  the State Retirement commission shall require the member to
  745  present substantial competent medical evidence that meets the
  746  requirements of s. 121.091(4)(c)2. and 3., and may require
  747  vocational evidence, before awarding disability retirement
  748  benefits.
  749         Section 16. Paragraph (a) of subsection (1) of section
  750  121.24, Florida Statutes, is amended to read:
  751         121.24 Conduct of commission business; legal and other
  752  assistance; compensation.—
  753         (1) The commission shall conduct its business within the
  754  following guidelines:
  755         (a) For purposes of hearing appeals under s. 121.23, the
  756  commission may meet in panels consisting of no not fewer than
  757  three members. For the purpose of meeting in these panels, a
  758  quorum shall be not fewer than two members. For all other
  759  purposes, A quorum shall consist of three members. The
  760  concurring vote of a majority of the members present is shall be
  761  required to reach a decision, issue orders, and conduct the
  762  business of the commission.
  763         Section 17. Paragraph (h) of subsection (3) and paragraphs
  764  (a) and (e) of subsection (5) of section 121.35, Florida
  765  Statutes, are amended, and paragraph (g) is added to subsection
  766  (5) of that section, to read:
  767         121.35 Optional retirement program for the State University
  768  System.—
  769         (3) ELECTION OF OPTIONAL PROGRAM.—
  770         (h) A participant in the optional retirement program may
  771  not participate in more than one state-administered retirement
  772  system, plan, or class simultaneously. Except as provided in s.
  773  121.052(6)(d), a participant who is or becomes dually employed
  774  in two or more positions covered by the Florida Retirement
  775  System, one of which is eligible for the optional program and
  776  one of which is not, may remain a member of the optional program
  777  and contributions shall be paid as required only on the salary
  778  earned in the position eligible for the optional program during
  779  the such period of dual employment; or, within 90 days after
  780  becoming dually employed, he or she may elect membership in the
  781  Regular Class of the Florida Retirement System in lieu of the
  782  optional program and contributions shall be paid as required on
  783  the total salary received for all employment. At retirement, the
  784  average final compensation used to calculate any benefits for
  785  which the member becomes eligible under the Florida Retirement
  786  System must shall be based on all salary reported for both
  787  positions during such period of dual employment. If the When
  788  such member ceases to be dually employed, he or she may, within
  789  90 days, elect to remain in the Florida Retirement System class
  790  for which he or she is eligible or to again become a participant
  791  in the optional retirement program. Failure to elect membership
  792  in the optional program within 90 days shall result in
  793  compulsory membership in the Florida Retirement System, except
  794  that a member filling a faculty position at under a college that
  795  has a faculty practice plan at the University of Florida, at or
  796  the Medical Center at the University of South Florida, or other
  797  state university shall again participate in the optional
  798  retirement program as required in s. 121.051(1)(a).
  799         (5) BENEFITS.—
  800         (a) Benefits are shall be payable under the optional
  801  retirement program only to vested participants in the program,
  802  or their beneficiaries as designated by the participant in the
  803  contract with a provider company, and such benefits shall be
  804  paid only by the designated company in accordance with s. 403(b)
  805  of the Internal Revenue Code and in accordance with the terms of
  806  the annuity contract or contracts applicable to the participant.
  807  Benefits shall accrue in individual accounts that are
  808  participant-directed, portable, and funded by employer
  809  contributions and the earnings thereon. The participant must be
  810  terminated from all employment relationships with all Florida
  811  Retirement System employers, as provided in s. 121.021(39), to
  812  begin receiving the employer-funded benefit. Benefits funded by
  813  employer contributions are shall be payable in accordance with
  814  the following terms and conditions:
  815         1. Benefits shall be paid payable only to a participant, to
  816  his or her beneficiaries, or to his or her estate, as designated
  817  by the participant.
  818         2. Benefits shall be paid by the provider company or
  819  companies in accordance with the law, the provisions of the
  820  contract, and any applicable department board rule or policy.
  821         3. In the event of a participant’s death, moneys
  822  accumulated by, or on behalf of, the participant, less
  823  withholding taxes remitted to the Internal Revenue Service, if
  824  any, shall be distributed to the participant’s designated
  825  beneficiary or beneficiaries, or to the participant’s estate, as
  826  if the participant retired on the date of death, as provided in
  827  paragraph (c). No other death benefits are shall be available to
  828  for survivors of participants under the optional retirement
  829  program except for such benefits, or coverage for such benefits,
  830  as are separately afforded by the employer, at the employer’s
  831  discretion.
  832         (e) A participant who chooses to receive his or her
  833  benefits upon termination as defined in s. 121.021 must of
  834  employment shall have responsibility to notify the provider
  835  company of the date on which he or she wishes benefits funded by
  836  employer contributions to begin. Benefits may be deferred until
  837  such time as the participant chooses to make such application.
  838         (g)For purposes of this section, “retiree” means a former
  839  participant of the optional retirement program who has
  840  terminated employment and has taken a distribution as provided
  841  in this subsection, except for a mandatory distribution of a de
  842  minimis account authorized by the department.
  843         Section 18. Paragraph (f) of subsection (2) of section
  844  121.4501, Florida Statutes, is amended to read:
  845         121.4501 Public Employee Optional Retirement Program.—
  846         (2) DEFINITIONS.—As used in this part, the term:
  847         (f) “Eligible employee” means an officer or employee, as
  848  defined in s. 121.021(11), who:
  849         1. Is a member of, or is eligible for membership in, the
  850  Florida Retirement System, including any renewed member of the
  851  Florida Retirement System initially enrolled before July 1,
  852  2010; or
  853         2. Participates in, or is eligible to participate in, the
  854  Senior Management Service Optional Annuity Program as
  855  established under s. 121.055(6), the State Community College
  856  System Optional Retirement Program as established under s.
  857  121.051(2)(c), or the State University System Optional
  858  Retirement Program established under s. 121.35.
  859  
  860  The term does not include any member participating in the
  861  Deferred Retirement Option Program established under s.
  862  121.091(13), a retiree of a state-administered retirement system
  863  initially reemployed on or after July 1, 2010, or a mandatory
  864  participant of the State University System Optional Retirement
  865  Program established under s. 121.35.
  866         Section 19. Paragraphs (a) and (b) of subsection (1) of
  867  section 121.591, Florida Statutes, is amended to read:
  868         121.591 Benefits payable under the Public Employee Optional
  869  Retirement Program of the Florida Retirement System.—Benefits
  870  may not be paid under this section unless the member has
  871  terminated employment as provided in s. 121.021(39)(a) or is
  872  deceased and a proper application has been filed in the manner
  873  prescribed by the state board or the department. The state board
  874  or department, as appropriate, may cancel an application for
  875  retirement benefits when the member or beneficiary fails to
  876  timely provide the information and documents required by this
  877  chapter and the rules of the state board and department. In
  878  accordance with their respective responsibilities as provided
  879  herein, the State Board of Administration and the Department of
  880  Management Services shall adopt rules establishing procedures
  881  for application for retirement benefits and for the cancellation
  882  of such application when the required information or documents
  883  are not received. The State Board of Administration and the
  884  Department of Management Services, as appropriate, are
  885  authorized to cash out a de minimis account of a participant who
  886  has been terminated from Florida Retirement System covered
  887  employment for a minimum of 6 calendar months. A de minimis
  888  account is an account containing employer contributions and
  889  accumulated earnings of not more than $5,000 made under the
  890  provisions of this chapter. Such cash-out must either be a
  891  complete lump-sum liquidation of the account balance, subject to
  892  the provisions of the Internal Revenue Code, or a lump-sum
  893  direct rollover distribution paid directly to the custodian of
  894  an eligible retirement plan, as defined by the Internal Revenue
  895  Code, on behalf of the participant. If any financial instrument
  896  issued for the payment of retirement benefits under this section
  897  is not presented for payment within 180 days after the last day
  898  of the month in which it was originally issued, the third-party
  899  administrator or other duly authorized agent of the State Board
  900  of Administration shall cancel the instrument and credit the
  901  amount of the instrument to the suspense account of the Public
  902  Employee Optional Retirement Program Trust Fund authorized under
  903  s. 121.4501(6). Any such amounts transferred to the suspense
  904  account are payable upon a proper application, not to include
  905  earnings thereon, as provided in this section, within 10 years
  906  after the last day of the month in which the instrument was
  907  originally issued, after which time such amounts and any
  908  earnings thereon shall be forfeited. Any such forfeited amounts
  909  are assets of the Public Employee Optional Retirement Program
  910  Trust Fund and are not subject to the provisions of chapter 717.
  911         (1) NORMAL BENEFITS.—Under the Public Employee Optional
  912  Retirement Program:
  913         (a) Benefits in the form of vested accumulations as
  914  described in s. 121.4501(6) shall be payable under this
  915  subsection in accordance with the following terms and
  916  conditions:
  917         1. To the extent vested, benefits shall be payable only to
  918  a participant.
  919         2. Benefits shall be paid by the third-party administrator
  920  or designated approved providers in accordance with the law, the
  921  contracts, and any applicable board rule or policy.
  922         3. To receive benefits under this subsection, the
  923  participant must be terminated from all employment with all
  924  Florida Retirement System employers, as provided in s.
  925  121.021(39).
  926         4. Benefit payments may not be made until the participant
  927  has been terminated for 3 calendar months, except that the board
  928  may authorize by rule for the distribution of up to 10 percent
  929  of the participant’s account after being terminated for 1
  930  calendar month if a participant has reached the normal
  931  retirement date as defined in s. 121.021 requirements of the
  932  defined benefit plan, as provided in s. 121.021(29).
  933         5. If a member or former member of the Florida Retirement
  934  System receives an invalid distribution from the Public Employee
  935  Optional Retirement Program Trust Fund, such person shall repay
  936  the full invalid distribution to the trust fund within 90 days
  937  after receipt of final notification by the State Board of
  938  Administration or the third-party administrator that the
  939  distribution was invalid. If such person fails to repay the full
  940  invalid distribution within 90 days after receipt of final
  941  notification, the person may be deemed retired from the Public
  942  Employee Optional Retirement Program by the state board, as
  943  provided pursuant to s. 121.4501(2)(j), and shall be subject to
  944  the provisions of s. 121.122. If such person is deemed retired
  945  by the state board, any joint and several liability set out in
  946  s. 121.091(9)(d)2. s. 121.091(9)(c)2. becomes null and void, and
  947  the state board, the Department of Management Services, or the
  948  employing agency is not liable for gains on payroll
  949  contributions that have not been deposited to the person’s
  950  account in the Public Employee Optional Retirement Program,
  951  pending resolution of the invalid distribution. The member or
  952  former member who has been deemed retired or who has been
  953  determined by the board to have taken an invalid distribution
  954  may appeal the agency decision through the complaint process as
  955  provided under s. 121.4501(9)(f)3. As used in this subparagraph,
  956  the term “invalid distribution” means any distribution from an
  957  account in the Public Employee Optional Retirement Program which
  958  is taken in violation of the provisions of this section, s.
  959  121.091(9), or s. 121.4501.
  960         (b) If a participant elects to receive his or her benefits
  961  upon termination of employment as defined in s. 121.021, the
  962  participant must submit a written application or an equivalent
  963  form to the third-party administrator indicating his or her
  964  preferred distribution date and selecting an authorized method
  965  of distribution as provided in paragraph (c). The participant
  966  may defer receipt of benefits until he or she chooses to make
  967  such application, subject to federal requirements.
  968         Section 20. Subsection (1) of section 238.183, Florida
  969  Statutes, is amended to read:
  970         238.183 Developmental research school and Florida School
  971  for the Deaf and the Blind instructional personnel; reemployment
  972  after retirement.—
  973         (1) Notwithstanding any other law, instructional personnel,
  974  as defined in s. 1012.01(2), employed by a developmental
  975  research school or the Florida School for the Deaf and the Blind
  976  are eligible for reemployment after retirement in the same
  977  manner as classroom teachers who are employed by the district
  978  school boards, as described in ss. 121.091(9)(b)3. and
  979  238.181(2)(c).
  980         Section 21. Paragraph (g) of subsection (3) and subsection
  981  (8) of section 1012.33, Florida Statutes, are amended to read:
  982         1012.33 Contracts with instructional staff, supervisors,
  983  and school principals.—
  984         (3)
  985         (g) Beginning July 1, 2001, for each employee who enters
  986  into a written contract, pursuant to this section, in a school
  987  district in which the employee was not employed as of June 30,
  988  2001, or was employed as of June 30, 2001, but has since broken
  989  employment with that district for 1 school year or more, for
  990  purposes of pay, a district school board must recognize and
  991  accept each year of full-time public school teaching service
  992  earned in the State of Florida or outside the state and for
  993  which the employee received a satisfactory performance
  994  evaluation. Instructional personnel employed pursuant to s.
  995  121.091(9)(b)3. are exempt from the provisions of this
  996  paragraph.
  997         (8) Notwithstanding any other provision of law, a retired
  998  any member who has retired may interrupt retirement and be
  999  reemployed in any public school. A Any member so reemployed by
 1000  the same district from which he or she retired may be employed
 1001  on a probationary contractual basis as provided in subsection
 1002  (1); however, no regular retirement employee shall be eligible
 1003  to renew membership under a retirement system created by chapter
 1004  121 or chapter 238.
 1005  
 1006  ================= T I T L E  A M E N D M E N T ================
 1007         And the title is amended as follows:
 1008         Delete lines 51 - 96
 1009  and insert:
 1010         provisions relating to reemployment of participants in
 1011         the Deferred Retirement Option Program; providing that
 1012         certain members who delay DROP participation lose a
 1013         month of DROP participation for each month delayed;
 1014         increasing the maximum period of participation for
 1015         instructional personnel in a developmental research
 1016         school; deleting obsolete provisions; clarifying that
 1017         DROP participation may not be canceled; providing for
 1018         the suspension of DROP participation of an elected
 1019         officer who is reemployed; providing that the
 1020         retirement benefits of a participant who is reemployed
 1021         within a certin time after retirement are suspended
 1022         and must be paid back; authorizing the Division of
 1023         Retirement to issue benefits pursuant to a qualified
 1024         domestic relations order directly to the alternate
 1025         payee; amending s. 121.1115, F.S.; revising provisions
 1026         relating to receiving retirement credit for out-of
 1027         state service; providing that a member is not eligible
 1028         for and may not receive a benefit based on such
 1029         service; amending s. 121.1122, F.S.; revising
 1030         provisions relating to receiving retirement credit for
 1031         in-state service; providing that certain members are
 1032         not eligible to purchase service credit; amending s.
 1033         121.122, F.S.; revising provisions relating to renewed
 1034         membership in retirement system; providing that
 1035         retirees initially reemployed on or after a specified
 1036         date are ineligible for renewed membership in the
 1037         system; amending s. 121.136, F.S.; revising provisions
 1038         relating to the annual statement of benefits provided
 1039         to certain active members of the system; amending s.
 1040         121.1905, F.S.; deleting a provision describing the
 1041         mission of the Division of Retirement; amending s.
 1042         121.23, F.S.; clarifying the criteria for medical
 1043         evidence that a member must submit to the Retirement
 1044         Commission for before awarding disability retirement
 1045         benefits; amending s. 121.24, F.S.; requiring a quorum
 1046         of three members for all appeal hearings held by the
 1047         retirement commission; amending s. 121.35, F.S.;
 1048         revising provisions relating to membership in the
 1049         State University Optional Retirement Program; defining
 1050         the term “retiree” for purposes of the program;
 1051         amending s. 121.4501, F.S.; revising the definition of
 1052         “eligible employee” for purposes of the Public
 1053         Employee Optional Retirement Program; amending ss.
 1054         121.591 and 238.183, F.S.; providing and conforming
 1055         cross-references; amending s. 1012.33, F.S.; deleting
 1056         a provision preventing persons who have retired from
 1057         the public school system from renewing membership in
 1058         the Florida Retirement System or Teachers’ Retirement
 1059         System upon reemployment by the school system;
 1060         repealing