Florida Senate - 2009 SENATOR AMENDMENT
Bill No. CS/CS/HB 479, 2nd Eng.
Barcode 897738
LEGISLATIVE ACTION
Senate . House
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Floor: 2/RS/2R .
04/30/2009 05:06 PM .
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Senators Lawson, King, and Haridopolos moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 115 - 1387
4 and insert:
5 (10) “Employer” means any agency, branch, department,
6 institution, university, institution of higher education, or
7 board of the state, or any county agency, branch, department,
8 board, district school board, municipality, metropolitan
9 planning organization, or special district of the state, or any
10 city of the state which participates in the system for the
11 benefit of certain of its employees, or a charter school or
12 charter technical career center that participates as provided in
13 s. 121.051(2)(d). Employers are not agents of the department,
14 the state board, or the Division of Retirement, and the
15 department, the state board, and the division are not
16 responsible for erroneous information provided by
17 representatives of employers.
18 (11) “Officer or employee” means any person receiving
19 salary payments for work performed in a regularly established
20 position and, if employed by a municipality city, a metropolitan
21 planning organization, or a special district, employed in a
22 covered group. The term does not apply to state employees
23 covered by a leasing agreement under s. 110.191, other public
24 employees covered by a leasing agreement, or a co-employer
25 relationship.
26 (18) “Past service” of any member, as provided in s.
27 121.081(1), means the number of years and complete months and
28 any fractional part of a month, recognized and credited by an
29 employer and approved by the administrator, during which the
30 member was in the active employ of a governmental an employer
31 and for which the employee is not entitled to a benefit before
32 prior to his or her date of participation.
33 (29) “Normal retirement date” means the first day of any
34 month following the date a member attains normal retirement age
35 and is vested, which is determined as follows one of the
36 following statuses:
37 (a) If a Regular Class member, a Senior Management Service
38 Class member, or an Elected Officers’ Class the member:
39 1. The first day of the month the member completes 6 or
40 more years of creditable service and attains age 62; or
41 2. The first day of the month following the date the member
42 completes 30 years of creditable service, regardless of age,
43 which may include a maximum of 4 years of military service
44 credit as long as such credit is not claimed under any other
45 system.
46 (b) If a Special Risk Class member, the member:
47 1. The first day of the month the member completes 6 or
48 more years of creditable service in the Special Risk Class and
49 attains age 55;
50 2. The first day of the month following the date the member
51 completes 25 years of creditable service in the Special Risk
52 Class, regardless of age; or
53 3. The first day of the month following the date the member
54 completes 25 years of creditable service and attains age 52,
55 which service may include a maximum of 4 years of military
56 service credit as long as such credit is not claimed under any
57 other system and the remaining years are in the Special Risk
58 Class.
59 (c) If a Senior Management Service Class member, the
60 member:
61 1. Completes 6 years of creditable service in the Senior
62 Management Service Class and attains age 62; or
63 2. Completes 30 years of any creditable service, regardless
64 of age, which may include a maximum of 4 years of military
65 service credit as long as such credit is not claimed under any
66 other system.
67 (d) If an Elected Officers’ Class member, the member:
68 1. Completes 6 years of creditable service in the Elected
69 Officers’ Class and attains age 62; or
70 2. Completes 30 years of any creditable service, regardless
71 of age, which may include a maximum of 4 years of military
72 service credit as long as such credit is not claimed under any
73 other system.
74
75 “Normal retirement age” is attained on the “normal retirement
76 date.”
77 (39)(a) “Termination” occurs, except as provided in
78 paragraph (b), when a member ceases all employment relationships
79 with an employer, however: employers under this system, as
80 defined in subsection (10), but in the event
81 1. For retirements effective before July 1, 2010, if a
82 member is should be employed by any such employer within the
83 next calendar month, termination shall be deemed not to have
84 occurred. A leave of absence constitutes shall constitute a
85 continuation of the employment relationship, except that a leave
86 of absence without pay due to disability may constitute
87 termination for a member, if such member makes application for
88 and is approved for disability retirement in accordance with s.
89 121.091(4). The department or state board may require other
90 evidence of termination as it deems necessary.
91 2. For retirements effective on or after July 1, 2010, if a
92 member is employed by any such employer within the next 6
93 calendar months, termination shall be deemed not to have
94 occurred. A leave of absence constitutes a continuation of the
95 employment relationship, except that a leave of absence without
96 pay due to disability may constitute termination if such member
97 makes application for and is approved for disability retirement
98 in accordance with s. 121.091(4). The department or state board
99 may require other evidence of termination as it deems necessary.
100 (b) “Termination” for a member electing to participate in
101 under the Deferred Retirement Option Program occurs when the
102 Deferred Retirement Option program participant ceases all
103 employment relationships with an employer employers under this
104 system in accordance with s. 121.091(13), however: but
105 1. For termination dates occurring before July 1, 2010, if
106 in the event the Deferred Retirement Option Program participant
107 is should be employed by any such employer within the next
108 calendar month, termination will be deemed not to have occurred,
109 except as provided in s. 121.091(13)(b)4.c. A leave of absence
110 shall constitute a continuation of the employment relationship.
111 2. For termination dates occurring on or after July 1,
112 2010, if the participant becomes employed by any such employer
113 within the next 6 calendar months, termination will be deemed
114 not to have occurred, except as provided in s.
115 121.091(13)(b)4.c. A leave of absence constitutes a continuation
116 of the employment relationship.
117 (52) “Regularly established position” means is defined as
118 follows:
119 (a) With respect to In a state employer agency, the term
120 means a position that which is authorized and established
121 pursuant to law and is compensated from a salaries and benefits
122 appropriation pursuant to s. 216.011(1)(mm)(dd), or an
123 established position that which is authorized pursuant to s.
124 216.262(1)(a) and (b) and is compensated from a salaries account
125 as provided in s. 216.011(1)(nn) by rule.
126 (b) With respect to In a local agency employer agency
127 (district school board, county agency, community college,
128 municipality city, metropolitan planning organization, charter
129 school, charter technical career center, or special district),
130 the term means a regularly established position that which will
131 be in existence for a period beyond 6 consecutive months, except
132 as provided by rule.
133 (53) “Temporary position” means is defined as follows:
134 (a) With respect to In a state employer agency, a the term
135 means an employment position that which is compensated from an
136 other personal services (OPS) account, as provided for in s.
137 216.011(1)(dd).
138 (b) With respect to In a local agency employer agency, a
139 the term means an employment position that which will exist for
140 less than 6 consecutive months, or other employment position as
141 determined by rule of the division, regardless of whether it
142 will exist for 6 consecutive months or longer.
143 (63) “State board” means the State Board of Administration.
144 (64) “Trustees” means the Board of Trustees of the State
145 Board of Administration.
146 Section 2. Subsection (6) is added to section 121.031,
147 Florida Statutes, to read:
148 121.031 Administration of system; appropriation; oaths;
149 actuarial studies; public records.—
150 (6) Unless prior written approval is obtained from the
151 department or state board, any promotional materials or
152 advertisements that, directly or indirectly, refer to the
153 “Florida Retirement System” or the “FRS” must contain a
154 disclaimer that the information is not approved or endorsed by
155 the Florida Retirement System.
156 Section 3. Paragraph (a) of subsection (1) and paragraphs
157 (c) and (f) of subsection (2) of section 121.051, Florida
158 Statutes, are amended to read:
159 121.051 Participation in the system.—
160 (1) COMPULSORY PARTICIPATION.—
161 (a) Participation in the Florida Retirement System is The
162 provisions of this law shall be compulsory for as to all
163 officers and employees, except elected officers who meet the
164 requirements of s. 121.052(3), who are employed on or after
165 December 1, 1970, by of an employer other than those referred to
166 in paragraph (2)(b)., and Each officer or employee, as a
167 condition of employment, becomes shall become a member of the
168 system on the as of his or her date of employment, except that a
169 person who is retired from any state retirement system and is
170 reemployed on or after December 1, 1970, may not renew his or
171 her membership in any state retirement system except as provided
172 in s. 121.091(4)(h) for a person who recovers from disability,
173 and as provided in s. 121.053 s. 121.091(9)(b)8. for a person
174 who is elected to public office, and, effective July 1, 1991, as
175 provided in s. 121.122 for all other retirees.
176 1. Officers and employees of the University Athletic
177 Association, Inc., a nonprofit association connected with the
178 University of Florida, employed on and after July 1, 1979, may
179 shall not participate in any state-supported retirement system.
180 2.1. Any person appointed on or after July 1, 1989, to a
181 faculty position in a college at the J. Hillis Miller Health
182 Center at the University of Florida or the Medical Center at the
183 University of South Florida which has a faculty practice plan
184 adopted provided by rule adopted by the Board of Regents may not
185 participate in the Florida Retirement System. Effective July 1,
186 2008, any person appointed thereafter to a faculty position,
187 including clinical faculty, in a college at a state university
188 that has a faculty practice plan authorized by the Board of
189 Governors may not participate in the Florida Retirement System.
190 A faculty member so appointed shall participate in the optional
191 retirement program for the State University System
192 notwithstanding the provisions of s. 121.35(2)(a).
193 2. For purposes of this subparagraph paragraph, the term:
194 a. “Faculty position” means is defined as a position
195 assigned the principal responsibility of teaching, research, or
196 public service activities or administrative responsibility
197 directly related to the academic mission of the college. The
198 term
199 b. “Clinical faculty” means is defined as a faculty
200 position appointment in conjunction with a professional position
201 in a hospital or other clinical environment at a college. The
202 term
203 c. “Faculty practice plan” includes professional services
204 to patients, institutions, or other parties which are rendered
205 by the clinical faculty employed by a college that has a faculty
206 practice plan at a state university authorized by the Board of
207 Governors.
208 (2) OPTIONAL PARTICIPATION.—
209 (c) Employees of public community colleges or charter
210 technical career centers sponsored by public community colleges,
211 as designated in s. 1000.21(3), who are members of the Regular
212 Class of the Florida Retirement System and who comply with the
213 criteria set forth in this paragraph and in s. 1012.875 may
214 elect, in lieu of participating in the Florida Retirement
215 System, elect to withdraw from the Florida Retirement system
216 altogether and participate in the State Community College System
217 an Optional Retirement Program provided by the employing agency
218 under s. 1012.875, to be known as the State Community College
219 System Optional Retirement Program. Pursuant thereto:
220 1. Through June 30, 2001, the cost to the employer for such
221 annuity equals shall equal the normal cost portion of the
222 employer retirement contribution which would be required if the
223 employee were a member of the Regular Class defined benefit
224 program, plus the portion of the contribution rate required by
225 s. 112.363(8) which that would otherwise be assigned to the
226 Retiree Health Insurance Subsidy Trust Fund. Effective July 1,
227 2001, each employer shall contribute on behalf of each
228 participant in the optional program an amount equal to 10.43
229 percent of the participant’s gross monthly compensation. The
230 employer shall deduct an amount to provide for the
231 administration of the optional retirement program. The employer
232 providing the optional program shall contribute an additional
233 amount to the Florida Retirement System Trust Fund equal to the
234 unfunded actuarial accrued liability portion of the Regular
235 Class contribution rate.
236 2. The decision to participate in such an optional
237 retirement program is shall be irrevocable for as long as the
238 employee holds a position eligible for participation, except as
239 provided in subparagraph 3. Any service creditable under the
240 Florida Retirement System is shall be retained after the member
241 withdraws from the Florida Retirement system; however,
242 additional service credit in the Florida Retirement system may
243 shall not be earned while a member of the optional retirement
244 program.
245 3. An employee who has elected to participate in the
246 optional retirement program shall have one opportunity, at the
247 employee’s discretion, to choose to transfer from the optional
248 retirement program to the defined benefit program of the Florida
249 Retirement System or to the Public Employee Optional Retirement
250 Program, subject to the terms of the applicable optional
251 retirement program contracts.
252 a. If the employee chooses to move to the Public Employee
253 Optional Retirement Program, any contributions, interest, and
254 earnings creditable to the employee under the State Community
255 College System Optional Retirement Program is shall be retained
256 by the employee in the State Community College System Optional
257 Retirement Program, and the applicable provisions of s.
258 121.4501(4) shall govern the election.
259 b. If the employee chooses to move to the defined benefit
260 program of the Florida Retirement System, the employee shall
261 receive service credit equal to his or her years of service
262 under the State Community College System Optional Retirement
263 Program.
264 (I) The cost for such credit is the shall be an amount
265 representing the present value of the that employee’s
266 accumulated benefit obligation for the affected period of
267 service. The cost shall be calculated as if the benefit
268 commencement occurs on the first date the employee becomes would
269 become eligible for unreduced benefits, using the discount rate
270 and other relevant actuarial assumptions that were used to value
271 the Florida Retirement System defined benefit plan liabilities
272 in the most recent actuarial valuation. The calculation must
273 shall include any service already maintained under the defined
274 benefit plan in addition to the years under the State Community
275 College System Optional Retirement Program. The present value of
276 any service already maintained must under the defined benefit
277 plan shall be applied as a credit to total cost resulting from
278 the calculation. The division shall ensure that the transfer sum
279 is prepared using a formula and methodology certified by an
280 enrolled actuary.
281 (II) The employee must transfer from his or her State
282 Community College System Optional Retirement Program account and
283 from other employee moneys as necessary, a sum representing the
284 present value of the that employee’s accumulated benefit
285 obligation immediately following the time of such movement,
286 determined assuming that attained service equals the sum of
287 service in the defined benefit program and service in the State
288 Community College System Optional Retirement Program.
289 4. Participation in the optional retirement program is
290 shall be limited to those employees who satisfy the following
291 eligibility criteria:
292 a. The employee must be otherwise eligible for membership
293 or renewed membership in the Regular Class of the Florida
294 Retirement System, as provided in s. 121.021(11) and (12) or s.
295 121.122.
296 b. The employee must be employed in a full-time position
297 classified in the Accounting Manual for Florida’s Public
298 Community Colleges as:
299 (I) Instructional; or
300 (II) Executive Management, Instructional Management, or
301 Institutional Management, if a community college determines that
302 recruiting to fill a vacancy in the position is to be conducted
303 in the national or regional market, and:
304 (A) the duties and responsibilities of the position include
305 either the formulation, interpretation, or implementation of
306 policies,; or
307 (B) The duties and responsibilities of the position include
308 the performance of functions that are unique or specialized
309 within higher education and that frequently involve the support
310 of the mission of the community college.
311 c. The employee must be employed in a position not included
312 in the Senior Management Service Class of the Florida Retirement
313 System, as described in s. 121.055.
314 5. Participants in the program are subject to the same
315 reemployment limitations, renewed membership provisions, and
316 forfeiture provisions as are applicable to regular members of
317 the Florida Retirement System under ss. 121.091(9), 121.122, and
318 121.091(5), respectively. A participant who receives a program
319 distribution funded by employer contributions shall be deemed to
320 be retired from a state-administered retirement system if the
321 participant is subsequently employed with an employer that
322 participates in the Florida Retirement System.
323 6. Eligible community college employees are shall be
324 compulsory members of the Florida Retirement System until,
325 pursuant to the procedures set forth in s. 1012.875, a written
326 election to withdraw from the Florida Retirement system and to
327 participate in the State Community College System Optional
328 Retirement Program is filed with the program administrator and
329 received by the division.
330 a. A Any community college employee whose program
331 eligibility results from initial employment must shall be
332 enrolled in the State Community College System Optional
333 Retirement Program retroactive to the first day of eligible
334 employment. The employer retirement contributions paid through
335 the month of the employee plan change shall be transferred to
336 the community college to for the employee’s optional program
337 account, and, effective the first day of the next month, the
338 employer shall pay the applicable contributions based upon
339 subparagraph 1.
340 b. A Any community college employee whose program
341 eligibility is results from a change in status due to the
342 subsequent designation of the employee’s position as one of
343 those specified in subparagraph 4., or due to the employee’s
344 appointment, promotion, transfer, or reclassification to a
345 position specified in subparagraph 4., must shall be enrolled in
346 the program on upon the first day of the first full calendar
347 month that such change in status becomes effective. The employer
348 retirement contributions paid from the effective date through
349 the month of the employee plan change must shall be transferred
350 to the community college to for the employee’s optional program
351 account, and, effective the first day of the next month, the
352 employer shall pay the applicable contributions based upon
353 subparagraph 1.
354 7. Effective July 1, 2003, through December 31, 2008, any
355 participant of the State Community College System Optional
356 Retirement Program who has service credit in the defined benefit
357 plan of the Florida Retirement System for the period between his
358 or her first eligibility to transfer from the defined benefit
359 plan to the optional retirement program and the actual date of
360 transfer may, during his or her employment, elect to transfer to
361 the optional retirement program a sum representing the present
362 value of the accumulated benefit obligation under the defined
363 benefit retirement program for the such period of service
364 credit. Upon such transfer, all such service credit previously
365 earned under the defined benefit program of the Florida
366 Retirement System during this period is shall be nullified for
367 purposes of entitlement to a future benefit under the defined
368 benefit program of the Florida Retirement System.
369 (f)1. If Whenever an employer that participates in the
370 Florida Retirement System undertakes the transfer, merger, or
371 consolidation of governmental services or assumes the functions
372 and activities of an employing governmental entity that was not
373 an employer under the system, the employer must notify the
374 department at least 60 days before prior to such action and
375 shall provide documentation as required by the department. The
376 transfer, merger, or consolidation of governmental services or
377 assumption of governmental functions and activities must occur
378 between public employers. The current or former employer may pay
379 the employees’ past service cost, unless prohibited under this
380 chapter. This subparagraph does not apply to the transfer,
381 merger, or consolidation of governmental services or assumption
382 of functions and activities of a public entity under a leasing
383 agreement having a co-employer relationship. Employers and
384 employees of a public governmental employer whose service is
385 covered by a leasing agreement under s. 110.191, any other
386 leasing agreement, or a co-employer relationship are not
387 eligible to participate in the Florida Retirement System.
388 2. If When the agency to which a member’s employing unit is
389 transferred, merged, or consolidated does not participate in the
390 Florida Retirement System, a member may shall elect in writing
391 to remain in the Florida Retirement System or to transfer to the
392 local retirement system operated by the such agency. If the such
393 agency does not participate in a local retirement system, the
394 member shall continue membership in the Florida Retirement
395 System. In either case, the membership continues shall continue
396 for as long as the member is employed by the agency to which his
397 or her unit was transferred, merged, or consolidated.
398 Section 4. Paragraph (f) of subsection (2) and paragraph
399 (e) of subsection (3) of section 121.052, Florida Statutes, are
400 amended to read:
401 121.052 Membership class of elected officers.—
402 (2) MEMBERSHIP.—The following holders of elective office,
403 hereinafter referred to as “elected officers,” whether assuming
404 elective office by election, reelection, or appointment, are
405 members of the Elected Officers’ Class, except as provided in
406 subsection (3):
407 (f) Any elected officer of a municipality or special
408 district assuming office on or after July 1, 1997, through June
409 30, 2009, as provided in paragraph (3)(e). On or after January
410 1, 2010, an elected officer shall become a member only if the
411 governing body of the municipality or special district, at the
412 time it joins the Florida Retirement System for its elected
413 officers, elects, by majority vote, to include all its elected
414 positions in the Elected Officers’ Class.
415 (3) PARTICIPATION AND WITHDRAWAL, GENERALLY.—Effective July
416 1, 1990, participation in the Elected Officers’ Class shall be
417 compulsory for elected officers listed in paragraphs (2)(a)-(d)
418 and (f) assuming office on or after said date, unless the
419 elected officer elects membership in another class or withdraws
420 from the Florida Retirement System as provided in paragraphs
421 (3)(a)-(d):
422 (e) Effective July 1, 2001, The governing body of a
423 municipality or special district may, by majority vote, elect to
424 designate all its elected positions for inclusion in the Elected
425 Officers’ Class as follows.
426 1. Effective July 1, 1997, such election must be made
427 between July 1, 1997, and December 31, 1997, and is irrevocable.
428 The designation of such positions is effective the first day of
429 the month following receipt by the department of the ordinance
430 or resolution passed by the governing body.
431 2. Effective July 1, 2001, such election must shall be made
432 between July 1, 2001, and December 31, 2001, and is shall be
433 irrevocable. The designation of such positions is shall be
434 effective the first day of the month following receipt by the
435 department of the ordinance or resolution passed by the
436 governing body.
437 3. Effective July 1, 2009, such election must be made
438 between July 1, 2009, and December 31, 2009, and is irrevocable.
439 The designation of such positions is effective the first day of
440 the month following receipt by the department of the ordinance
441 or resolution passed by the governing body.
442 Section 5. Section 121.053, Florida Statutes, is amended to
443 read:
444 121.053 Participation in the Elected Officers’ Class for
445 retired members.—
446 (1)(a) A Any member who retired under an any existing
447 system as defined in s. 121.021(2), and receives a retirement
448 benefit thereof, and who subsequently serves in an office
449 covered by the Elected Officers’ Class for a period of at least
450 6 years, is shall be entitled to receive an additional
451 retirement benefit for such elected officer service completed
452 before prior to July 1, 1990, under the Elected Officers’ Class
453 of the Florida Retirement System, as follows:
454 (a)1. Upon completion of 6 or more years of creditable
455 service in an office covered by the Elected Officers’ Class, s.
456 121.052, such member shall notify the administrator of his or
457 her intent to purchase elected officer service completed before
458 prior to July 1, 1990, and shall pay the member contribution
459 applicable for the period being claimed, plus 4 percent interest
460 compounded annually from the first year of service claimed until
461 July 1, 1975, and 6.5 percent interest compounded annually
462 thereafter, until full payment is made to the Florida Retirement
463 System Trust Fund; however, such member may purchase retirement
464 credit under the Elected Officers’ Class only for such service
465 as an elected officer.
466 (b)2. Upon payment of the amount specified in paragraph (a)
467 subparagraph 1., the employer shall pay into the Florida
468 Retirement System Trust Fund the applicable employer
469 contribution for the period of elected officer service completed
470 before prior to July 1, 1990, being claimed by the member, plus
471 4 percent interest compounded annually from the first year of
472 service claimed until July 1, 1975, and 6.5 percent interest
473 compounded annually thereafter, until full payment is made to
474 the Florida Retirement System Trust Fund.
475 (2)(b) A Any retired member of the Florida Retirement
476 System, or an any existing system as defined in s. 121.021(2),
477 who, beginning on or after July 1, 1990, through June 30, 2010,
478 serves in is serving in, or is elected or appointed to, an
479 elective office covered by the Elected Officers’ Class shall be
480 enrolled in the appropriate subclass of the Elected Officers’
481 Class of the Florida Retirement System, and applicable
482 contributions shall be paid into the Florida Retirement System
483 Trust Fund as provided in s. 121.052(7). Pursuant thereto:
484 (a)1. The Any such retired member may shall be eligible to
485 continue to receive retirement benefits as well as compensation
486 for the elected officer service if for as long as he or she
487 remains in an elective office covered by the Elected Officers’
488 Class.
489 (b)2. If the any such member serves in an elective office
490 covered by the Elected Officers’ Class and becomes vested under
491 that class, he or she is shall be entitled to receive an
492 additional retirement benefit for the such elected officer
493 service.
494 (c)3. The Such member is shall be entitled to purchase
495 additional retirement credit in the Elected Officers’ Class for
496 any postretirement service performed in an elected position
497 eligible for the Elected Officers’ Class before prior to July 1,
498 1990, or in the Regular Class for any postretirement service
499 performed in any other regularly established position before
500 prior to July 1, 1991, by paying the applicable Elected
501 Officers’ Class or Regular Class employee and employer
502 contributions for the period being claimed, plus 4 percent
503 interest compounded annually from the first year of service
504 claimed until July 1, 1975, and 6.5 percent interest compounded
505 thereafter, until full payment is made to the Florida Retirement
506 System Trust Fund. The contribution for postretirement Regular
507 Class service between July 1, 1985, and July 1, 1991, for which
508 the reemployed retiree contribution was paid, is shall be the
509 difference between the such contribution and the total
510 applicable contribution for the period being claimed, plus
511 interest. The employer of such member may pay the applicable
512 employer contribution in lieu of the member. If a member does
513 not wish to claim credit for all of the postretirement service
514 for which he or she is eligible, the service the member claims
515 must be the most recent service. Any retiree who served in an
516 elective office before July 1, 1990, suspended his or her
517 retirement benefits, and had his or her Florida Retirement
518 System membership reinstated shall, upon retirement from such
519 office, have his or her retirement benefit recalculated to
520 include the additional service and compensation earned.
521 (d)4. Creditable service for which credit was received, or
522 which remained unclaimed, at retirement may not be claimed or
523 applied toward service credit earned following renewed
524 membership. However, service earned in accordance with the
525 renewed membership provisions of in s. 121.122 may be used in
526 conjunction with creditable service earned under this subsection
527 paragraph, if provided applicable vesting requirements and other
528 existing statutory conditions required by this chapter are met.
529 5. An elected officer who is elected or appointed to an
530 elective office and is participating in the Deferred Retirement
531 Option Program is not subject to termination as provided in s.
532 121.021(39)(b), or reemployment limitations as provided in s.
533 121.091(9), until the end of his or her current term of office
534 or, if the officer is consecutively elected or reelected to an
535 elective office eligible for coverage under the Florida
536 Retirement System, until he or she no longer holds such an
537 elective office, as follows:
538 a. At the end of the 60-month DROP period:
539 (I) The officer’s DROP account shall accrue no additional
540 monthly benefits, but shall continue to earn interest as
541 provided in s. 121.091(13).
542 (II) No Retirement contributions shall be required of the
543 employer of the elected officer and no additional retirement
544 credit shall be earned under the Florida Retirement System.
545 b. Nothing herein shall prevent An elected officer from
546 voluntarily terminating his or her elective office at any time
547 and electing to receive his or her DROP proceeds. However, until
548 termination requirements are fulfilled as provided in s.
549 121.021(39), any elected officer whose termination limitations
550 are extended by this section shall be ineligible for renewed
551 membership in the system and shall receive no pension payments,
552 DROP lump sum payments, or any other state payment other than
553 the statutorily determined salary, travel, and per diem for the
554 elective office.
555 c. Upon termination, the officer shall receive his or her
556 accumulated DROP account, plus interest, and shall accrue and
557 commence receiving monthly retirement benefits, which shall be
558 paid on a prospective basis only.
559
560 However, an officer electing to participate in the Deferred
561 Retirement Option Program on or before June 30, 2002, is shall
562 not be required to terminate and remains shall remain subject to
563 the provisions of this paragraph subparagraph as adopted in
564 section 1 of chapter 2001-235, Laws of Florida.
565 (3) On or after July 1, 2010:
566 (a) A retiree of a state-administered retirement system who
567 is elected or appointed for the first time to an elective office
568 in a regularly established position with a covered employer may
569 not reenroll in the Florida Retirement System.
570 (b) An elected officer who is elected or appointed to an
571 elective office and is participating in the Deferred Retirement
572 Option Program is subject to termination as defined in s.
573 121.021 upon completion of his or her DROP participation period.
574 An elected official may defer termination as provided in
575 paragraph (2)(e).
576 (4)(2) Upon attaining his or her normal retirement date and
577 payment of the amount specified in paragraphs (1)(a) and (b),
578 and upon application to the administrator of the intent to
579 retire, a the member qualifying under subsection (1) or
580 subsection (2) shall receive a monthly benefit under this
581 section, in addition to any benefits already being received,
582 which shall commence on the last day of the month of retirement
583 and be payable on the last day of the month thereafter during
584 his or her lifetime. The amount of the such monthly benefit is
585 shall be the total percentage of retirement credit purchased
586 under this section multiplied by the member’s average monthly
587 compensation as an elected officer, adjusted according to the
588 option selected at retirement under s. 121.091(6).
589 (5)(3) Any renewed member, as described in subsection (1)
590 or subsection (2), who is not receiving the maximum health
591 insurance subsidy provided in s. 112.363 is shall be entitled to
592 earn additional credit toward the maximum health insurance
593 subsidy. Any additional subsidy due because of such additional
594 credit may shall be received only at the time of payment of the
595 second career retirement benefit. In no case shall The total
596 health insurance subsidy received by a retiree receiving
597 benefits from initial and renewed membership may not exceed the
598 maximum allowed in s. 112.363.
599 (6)(4) A No retired judge consenting to temporary duty in
600 any court, as assigned by the Chief Justice of the Supreme Court
601 in accordance with s. 2, Art. V of the State Constitution, is
602 not shall be subject to the renewed membership provisions of
603 this section.
604 (7) A member who is elected or appointed to an elective
605 office and who is participating in the Deferred Retirement
606 Option Program is not subject to termination as defined in s.
607 121.021, or reemployment limitations as provided in s.
608 121.091(9), until the end of his or her current term of office
609 or, if the officer is consecutively elected or reelected to an
610 elective office eligible for coverage under the Florida
611 Retirement System, until he or she no longer holds an elective
612 office, as follows:
613 (a) At the end of the 60-month DROP period:
614 1. The officer’s DROP account may not accrue additional
615 monthly benefits, but does continue to earn interest as provided
616 in s. 121.091(13). However, an officer whose DROP participation
617 begins on or after July 1, 2010, may not continue to earn such
618 interest.
619 2. Retirement contributions are not required of the
620 employer of the elected officer and additional retirement credit
621 may not be earned under the Florida Retirement System.
622 (b) An elected officer may voluntarily terminate his or her
623 elective office at any time and receive his or her DROP
624 proceeds. However, until termination occurs, an elected officer
625 whose termination limitations are extended by this section is
626 ineligible for renewed membership in the system and may not
627 receive pension payments, DROP lump sum payments, or any other
628 state payment other than the statutorily determined salary,
629 travel, and per diem for the elective office.
630 (c) Upon termination, the officer shall receive his or her
631 accumulated DROP account, plus interest, and shall accrue and
632 commence receiving monthly retirement benefits, which must be
633 paid on a prospective basis only.
634 Section 6. Paragraph (f) of subsection (1) and paragraphs
635 (c) and (e) of subsection (6) of section 121.055, Florida
636 Statutes, are amended to read:
637 121.055 Senior Management Service Class.—There is hereby
638 established a separate class of membership within the Florida
639 Retirement System to be known as the “Senior Management Service
640 Class,” which shall become effective February 1, 1987.
641 (1)
642 (f) Effective July 1, 1997:
643 1. Except as provided in subparagraph 3., an any elected
644 state officer eligible for membership in the Elected Officers’
645 Class under s. 121.052(2)(a), (b), or (c) who elects membership
646 in the Senior Management Service Class under s. 121.052(3)(c)
647 may, within 6 months after assuming office or within 6 months
648 after this act becomes a law for serving elected state officers,
649 elect to participate in the Senior Management Service Optional
650 Annuity Program, as provided in subsection (6), in lieu of
651 membership in the Senior Management Service Class.
652 2. Except as provided in subparagraph 3., an any elected
653 county officer of a local agency employer eligible for
654 membership in the Elected Officers’ Class under s. 121.052(2)(d)
655 who elects membership in the Senior Management Service Class
656 under s. 121.052(3)(c) may, within 6 months after assuming
657 office, or within 6 months after this act becomes a law for
658 serving elected county officers of a local agency employer,
659 elect to withdraw from the Florida Retirement System participate
660 in a lifetime monthly annuity program, as provided in
661 subparagraph (b)2., in lieu of membership in the Senior
662 Management Service Class.
663 3. A retiree of a state-administered retirement system who
664 is initially reemployed on or after July 1, 2010, as an elected
665 official eligible for the Elected Officers’ Class may not renew
666 membership in the Senior Management Service Class or in the
667 Senior Management Service Optional Annuity Program as provided
668 in subsection (6), and may not withdraw from the Florida
669 Retirement System as a renewed member as provided in
670 subparagraph (b)2., as applicable, in lieu of membership in the
671 Senior Management Service Class.
672 (6)
673 (c) Participation.—
674 1. An any eligible employee who is employed on or before
675 February 1, 1987, may elect to participate in the optional
676 annuity program in lieu of participation in the Senior
677 Management Service Class. Such election must shall be made in
678 writing and filed with the department and the personnel officer
679 of the employer on or before May 1, 1987. An Any eligible
680 employee who is employed on or before February 1, 1987, and who
681 fails to make an election to participate in the optional annuity
682 program by May 1, 1987, shall be deemed to have elected
683 membership in the Senior Management Service Class.
684 2. Except as provided in subparagraph 6., an Any employee
685 who becomes eligible to participate in the optional annuity
686 program by reason of initial employment commencing after
687 February 1, 1987, may, within 90 days after the date of
688 commencing commencement of employment, elect to participate in
689 the optional annuity program. Such election must shall be made
690 in writing and filed with the personnel officer of the employer.
691 An Any eligible employee who does not within 90 days after
692 commencing commencement of such employment elect to participate
693 in the optional annuity program shall be deemed to have elected
694 membership in the Senior Management Service Class.
695 3. A person who is appointed to a position in the Senior
696 Management Service Class and who is a member of an existing
697 retirement system or the Special Risk or Special Risk
698 Administrative Support Classes of the Florida Retirement System
699 may elect to remain in such system or class in lieu of
700 participation in the Senior Management Service Class or optional
701 annuity program. Such election must shall be made in writing and
702 filed with the department and the personnel officer of the
703 employer within 90 days of such appointment. Any eligible
704 employee who fails to make an election to participate in the
705 existing system, the Special Risk Class of the Florida
706 Retirement System, the Special Risk Administrative Support Class
707 of the Florida Retirement System, or the optional annuity
708 program shall be deemed to have elected membership in the Senior
709 Management Service Class.
710 4. Except as provided in subparagraph 5., an employee’s
711 election to participate in the optional annuity program is
712 irrevocable if the as long as such employee continues to be
713 employed in an eligible position and continues to meet the
714 eligibility requirements set forth in this paragraph.
715 5. Effective from July 1, 2002, through September 30, 2002,
716 any active employee in a regularly established position who has
717 elected to participate in the Senior Management Service Optional
718 Annuity Program has one opportunity to choose to move from the
719 Senior Management Service Optional Annuity Program to the
720 Florida Retirement System defined benefit program.
721 a. The election must be made in writing and must be filed
722 with the department and the personnel officer of the employer
723 before October 1, 2002, or, in the case of an active employee
724 who is on a leave of absence on July 1, 2002, within 90 days
725 after the conclusion of the leave of absence. This election is
726 irrevocable.
727 b. The employee shall will receive service credit under the
728 defined benefit program of the Florida Retirement System equal
729 to his or her years of service under the Senior Management
730 Service Optional Annuity Program. The cost for such credit is
731 the shall be an amount representing the present value of that
732 employee’s accumulated benefit obligation for the affected
733 period of service.
734 c. The employee must transfer the total accumulated
735 employer contributions and earnings on deposit in his or her
736 Senior Management Service Optional Annuity Program account. If
737 the transferred amount is not sufficient to pay the amount due,
738 the employee must pay a sum representing the remainder of the
739 amount due. In no case may The employee may not retain any
740 employer contributions or earnings thereon from the Senior
741 Management Service Optional Annuity Program account.
742 6. A retiree of a state-administered retirement system who
743 is initially reemployed on or after July 1, 2010, may not renew
744 membership in the Senior Management Service Optional Annuity
745 Program.
746 (e) Benefits.—
747 1. Benefits shall be payable under the Senior Management
748 Service Optional Annuity Program are payable only to
749 participants in the program, or their beneficiaries as
750 designated by the participant in the contract with the a
751 provider company, and must such benefits shall be paid by the
752 designated company in accordance with the terms of the annuity
753 contract or contracts applicable to the participant. A
754 participant must be terminated from all employment relationships
755 with all Florida Retirement System employers as provided in s.
756 121.021(39) to begin receiving the employer-funded benefit.
757 Benefits funded by employer contributions are shall be payable
758 under the terms of the contract only as a lifetime annuity to
759 the participant, his or her beneficiary, or his or her estate,
760 in addition to except for:
761 a. A lump-sum payment to the beneficiary upon the death of
762 the participant;
763 b. A cash-out of a de minimis account upon the request of a
764 former participant who has been terminated for a minimum of 6
765 calendar months from the employment that entitled him or her to
766 optional annuity program participation. A de minimis account is
767 an account with a provider company containing employer
768 contributions and accumulated earnings of not more than $5,000
769 made under the provisions of this chapter. Such cash-out must be
770 a complete liquidation of the account balance with that company
771 and is subject to the provisions of the Internal Revenue Code;
772 or
773 c. A mandatory distribution of a de minimis account of a
774 former participant who has been terminated for a minimum of 6
775 calendar months from the employment that entitled him or her to
776 optional annuity program participation as authorized by the
777 department; or
778 d.c. A lump-sum direct rollover distribution whereby all
779 accrued benefits, plus interest and investment earnings, are
780 paid from the participant’s account directly to the custodian of
781 an eligible retirement plan, as defined in s. 402(c)(8)(B) of
782 the Internal Revenue Code, on behalf of the participant.
783 2. The benefits payable to any person under the Senior
784 Management Service Optional Annuity Program, and any
785 contribution accumulated under such program, are shall not be
786 subject to assignment, execution, or attachment or to any legal
787 process whatsoever.
788 3. Except as provided in subparagraph 4., a participant who
789 terminates employment and receives a distribution, including a
790 rollover or trustee-to-trustee transfer, optional annuity
791 program benefits funded by employer contributions shall be
792 deemed to be retired from a state-administered retirement system
793 if the participant is subsequently employed with an in the event
794 of subsequent employment with any employer that participates in
795 the Florida Retirement System.
796 4. A participant who receives optional annuity program
797 benefits funded by employer contributions as a mandatory
798 distribution of a de minimis account authorized by the
799 department is not considered a retiree.
800
801 As used in this paragraph, a “de minimis account” means an
802 account with a provider company containing employer
803 contributions and accumulated earnings of not more than $5,000
804 made under this chapter.
805 Section 7. Paragraph (a) of subsection (6) of section
806 121.071, Florida Statutes, is amended to read:
807 121.071 Contributions.—Contributions to the system shall be
808 made as follows:
809 (6)(a) Required employee contributions for all service
810 other than current service, including, but not limited to, prior
811 service, past service, military service, leave-of-absence
812 service, out-of-state service, and certain non-Florida
813 Retirement System in-state service, shall be paid by cash,
814 personal check, cashier’s check, or money order, or a direct
815 rollover or transfer from a qualified plan as provided under the
816 Internal Revenue Code. The payment must only; shall be
817 accompanied by a statement identifying the service for which
818 payment is made; and shall be made in a lump sum for the total
819 amount due or in annual payments of not less than $100, except
820 for the final payment if less than $100, unless another method
821 of payment is authorized by law or rule.
822 Section 8. Paragraphs (a), (b), (e), (f), and (h) of
823 subsection (1) of section 121.081, Florida Statutes, are amended
824 to read:
825 121.081 Past service; prior service; contributions.
826 Conditions under which past service or prior service may be
827 claimed and credited are:
828 (1)(a) Past service, as defined in s. 121.021(18), may be
829 claimed as creditable service by officers or employees of a
830 municipality city, metropolitan planning organization, charter
831 school, charter technical career center, or special district who
832 that become a covered group under this system. The governing
833 body of a covered group in compliance with s. 121.051(2)(b) may
834 elect to provide benefits for with respect to past service
835 earned before prior to January 1, 1975, in accordance with this
836 chapter, and the cost for such past service is shall be
837 established by applying the following formula: The member
838 contribution for both regular and special risk members is shall
839 be 4 percent of the gross annual salary for each year of past
840 service claimed, plus 4-percent employer matching contribution,
841 plus 4-percent interest thereon compounded annually, figured on
842 each year of past service, with interest compounded from date of
843 annual salary earned until July 1, 1975, and 6.5-percent
844 interest compounded annually thereafter until date of payment.
845 Once the total cost for a member has been figured to date, then
846 after July 1, 1975, 6.5-percent compounded interest shall be
847 added each June 30 thereafter on any unpaid balance until the
848 cost of such past service liability is paid in full. The
849 following formula shall be used in calculating past service
850 earned before prior to January 1, 1975: (Annual gross salary
851 multiplied by 8 percent) multiplied by the 4-percent or 6.5
852 percent compound interest table factor, as may be applicable.
853 The resulting product equals cost to date for each particular
854 year of past service.
855 (b) Past service earned after January 1, 1975, may be
856 claimed by officers or employees of a municipality city,
857 metropolitan planning organization, charter school, charter
858 technical career center, or special district who become that
859 becomes a covered group under this system. The governing body of
860 a covered group may elect to provide benefits for with respect
861 to past service earned after January 1, 1975, in accordance with
862 this chapter, and the cost for such past service is shall be
863 established by applying the following formula: The employer
864 shall contribute an amount equal to the contribution rate in
865 effect at the time the service was earned, multiplied by the
866 employee’s gross salary for each year of past service claimed,
867 plus 6.5-percent interest thereon, compounded annually, figured
868 on each year of past service, with interest compounded from date
869 of annual salary earned until date of payment.
870 (e) Past service, as defined in s. 121.021(18), may be
871 claimed as creditable service by a member of the Florida
872 Retirement System who formerly was an officer or employee of a
873 municipality city, metropolitan planning organization, charter
874 school, charter technical career center, or special district,
875 notwithstanding the status or form of the retirement system, if
876 any, of that municipality city, metropolitan planning
877 organization, charter school, charter technical career center,
878 or special district and irrespective of whether such officers or
879 employees of that city, metropolitan planning organization, or
880 special district now or hereafter become a covered group under
881 the Florida Retirement System. Such member may claim creditable
882 service and be entitled to the benefits accruing to the regular
883 class of members as provided for the past service claimed under
884 this paragraph by paying into the retirement trust fund an
885 amount equal to the total actuarial cost of providing the
886 additional benefit resulting from such past-service credit,
887 discounted by the applicable actuarial factors to date of
888 retirement.
889 (f) If When any person, either prior to this act or
890 hereafter, becomes entitled to and participates does participate
891 in one of the retirement systems under consolidated within or
892 created by this chapter through the consolidation or merger of
893 governments or the transfer of functions between units of
894 government, either at the state or local level or between state
895 and local units, or through the assumption of functions or
896 activities by a state or local unit from an employing
897 governmental entity that which was not an employer under the
898 system, and such person becomes a member of the Florida
899 Retirement System, such person is shall be entitled to receive
900 past-service credit as defined in s. 121.021(18) for the time
901 the such person performed services for, and was an employee of,
902 such state or local unit or other governmental employing entity
903 before prior to the transfer, merger, consolidation, or
904 assumption of functions and activities. Past-service credit
905 allowed by this paragraph is shall also be available to any
906 person who becomes a member of an existing system before, as
907 defined in s. 121.021(2), prior to December 1, 1970, through the
908 transfer, merger, consolidation, or assumption of functions and
909 activities set forth in this paragraph and who subsequently
910 becomes a member of the Florida Retirement System. However,
911 credit for the past service may not be granted until
912 contributions are made in the manner provided in this
913 subsection. If a person rejected Florida Retirement System
914 membership at the time of the transfer, merger, or
915 consolidation, or assumption of governmental functions and
916 activities, the required contributions shall be at total
917 actuarial cost as specified in paragraph (e). Such contributions
918 or accrued interest may not be paid from any public state funds.
919 (h) The following provisions apply to the purchase of past
920 service:
921 1. Notwithstanding any of the provisions of this
922 subsection, past-service credit may not be purchased under this
923 chapter for any service that is used to obtain a pension or
924 benefit from a any local retirement system. Eligibility to
925 receive or the receipt of contributions to a retirement plan
926 made by the employer on behalf of the employee is considered a
927 benefit.
928 2. A member may not receive past service credit under
929 paragraphs (a), (b), (e), or (f) for any leaves of absence
930 without pay, except that credit for active military service
931 leaves of absence may be claimed under paragraphs (a), (b), and
932 (f), in accordance with s. 121.111(1).
933 3. A member may not receive past service credit for co
934 employer service. Co-employer service or a co-employer
935 relationship is employment in a single position simultaneously
936 covered and reported by both a public employer and a private
937 employer.
938 4.3. If a member does not want desire to receive credit for
939 all of his or her past service, the period the member claims
940 must be the most recent past service prior to his or her
941 participation in the Florida Retirement System.
942 5.4. The cost of past service purchased by an employing
943 agency for its employees may be amortized over the such period
944 of time as is provided in the agreement, but not to exceed 15
945 years, calculated in accordance with rule 60S-1.007(5)(f),
946 Florida Administrative Code.
947 6.5. The retirement account of each member for whom past
948 service is being provided by his or her employer shall be
949 credited with all past service the employer agrees to purchase
950 as soon as the agreement between the employer and the department
951 is executed. Pursuant thereto:
952 a. Each such member’s account shall also be posted with the
953 total contribution his or her employer agrees to make on in the
954 member’s behalf for past service earned before prior to October
955 1, 1975, excluding those contributions representing the
956 employer’s matching share and the compound interest calculation
957 on the total contribution. However, a portion of any
958 contributions paid by an employer for past service credit earned
959 on and after October 1, 1975, may not be posted to the a
960 member’s account.
961 b. A refund of contributions payable after an employer has
962 made a written agreement to purchase past service for employees
963 of the covered group includes shall include contributions for
964 past service which are posted to the a member’s account.
965 However, contributions for past service earned on and after
966 October 1, 1975, are not refundable.
967 Section 9. Subsections (9), (13), and (14) of section
968 121.091, Florida Statutes, are amended to read:
969 121.091 Benefits payable under the system.—Benefits may not
970 be paid under this section unless the member has terminated
971 employment as provided in s. 121.021(39)(a) or begun
972 participation in the Deferred Retirement Option Program as
973 provided in subsection (13), and a proper application has been
974 filed in the manner prescribed by the department. The department
975 may cancel an application for retirement benefits when the
976 member or beneficiary fails to timely provide the information
977 and documents required by this chapter and the department’s
978 rules. The department shall adopt rules establishing procedures
979 for application for retirement benefits and for the cancellation
980 of such application when the required information or documents
981 are not received.
982 (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
983 (a) Any person who is retired under this chapter, except
984 under the disability retirement provisions of subsection (4),
985 may be employed by an employer that does not participate in a
986 state-administered retirement system and may receive
987 compensation from that employment without limiting or
988 restricting in any way the retirement benefits payable to that
989 person.
990 (b)1. Any person whose retirement is effective before July
991 1, 2010, or whose participation in the Deferred Retirement
992 Option Program terminates before July 1, 2010, who is retired
993 under this chapter, except under the disability retirement
994 provisions of subsection (4) or as provided in s. 121.053, may
995 be reemployed by an any private or public employer that
996 participates in a state-administered retirement system after
997 retirement and receive retirement benefits and compensation from
998 that his or her employer without any limitations, except that
999 the a person may not be reemployed by an employer receive both a
1000 salary from reemployment with any agency participating in the
1001 Florida Retirement System before meeting the definition of
1002 termination in s. 121.021 and may not receive both a salary from
1003 the employer and retirement benefits under this chapter for a
1004 period of 12 calendar months immediately subsequent to the date
1005 of retirement. However, a DROP participant shall continue
1006 employment and receive a salary during the period of
1007 participation in the Deferred Retirement Option Program, as
1008 provided in subsection (13).
1009 1.2. A retiree Any person to whom the limitation in
1010 subparagraph 1. applies who violates such reemployment
1011 limitation and who is reemployed with any agency participating
1012 in the Florida Retirement System before completion of the 12
1013 month limitation period must shall give timely notice of this
1014 fact in writing to the employer and to the Division of
1015 Retirement or the state board and shall have his or her
1016 retirement benefits suspended for the months employed or the
1017 balance of the 12-month limitation period as required in sub
1018 subparagraphs b. and c. A retiree Any person employed in
1019 violation of this paragraph and an employer who any employing
1020 agency which knowingly employs or appoints such person are
1021 without notifying the Division of Retirement to suspend
1022 retirement benefits shall be jointly and severally liable for
1023 reimbursement to the retirement trust fund, including the
1024 Florida Retirement System Trust Fund and the Public employee
1025 Optional Retirement Program Trust Fund, from which the benefits
1026 were paid of any benefits paid during the reemployment
1027 limitation period. The employer must To avoid liability, such
1028 employing agency shall have a written statement from the retiree
1029 that he or she is not retired from a state-administered
1030 retirement system. Any retirement benefits received while
1031 reemployed during this reemployment limitation period shall be
1032 repaid to the retirement trust fund, and Retirement benefits
1033 shall remain suspended until such repayment has been made.
1034 Benefits suspended beyond the reemployment limitation shall
1035 apply toward repayment of benefits received in violation of the
1036 reemployment limitation.
1037 a.3. A district school board may reemploy a retiree retired
1038 member as a substitute or hourly teacher, education
1039 paraprofessional, transportation assistant, bus driver, or food
1040 service worker on a noncontractual basis after he or she has
1041 been retired for 1 calendar month, in accordance with s.
1042 121.021(39). A district school board may reemploy a retiree
1043 retired member as instructional personnel, as defined in s.
1044 1012.01(2)(a), on an annual contractual basis after he or she
1045 has been retired for 1 calendar month, in accordance with s.
1046 121.021(39). Any other retired member who is reemployed within 1
1047 calendar month after retirement shall void his or her
1048 application for retirement benefits. District school boards
1049 reemploying such teachers, education paraprofessionals,
1050 transportation assistants, bus drivers, or food service workers
1051 are subject to the retirement contribution required by
1052 subparagraph 2. 7.
1053 b.4. A community college board of trustees may reemploy a
1054 retiree retired member as an adjunct instructor, that is, an
1055 instructor who is noncontractual and part-time, or as a
1056 participant in a phased retirement program within the Florida
1057 Community College System, after he or she has been retired for 1
1058 calendar month, in accordance with s. 121.021(39). A Any retired
1059 member who is reemployed within 1 calendar month after
1060 retirement shall void his or her application for retirement
1061 benefits. Boards of trustees reemploying such instructors are
1062 subject to the retirement contribution required in subparagraph
1063 2. 7. A retiree retired member may be reemployed as an adjunct
1064 instructor for no more than 780 hours during the first 12 months
1065 of retirement. A retiree Any retired member reemployed for more
1066 than 780 hours during the first 12 months of retirement must
1067 shall give timely notice in writing to the employer and to the
1068 Division of Retirement or the state board of the date he or she
1069 will exceed the limitation. The division shall suspend his or
1070 her retirement benefits for the remainder of the first 12 months
1071 of retirement. Any retiree person employed in violation of this
1072 sub-subparagraph subparagraph and any employer who employing
1073 agency which knowingly employs or appoints such person without
1074 notifying the division of Retirement to suspend retirement
1075 benefits are shall be jointly and severally liable for
1076 reimbursement to the retirement trust fund of any benefits paid
1077 during the reemployment limitation period. The employer must To
1078 avoid liability, such employing agency shall have a written
1079 statement from the retiree that he or she is not retired from a
1080 state-administered retirement system. Any retirement benefits
1081 received by the retiree a retired member while reemployed in
1082 excess of 780 hours during the first 12 months of retirement
1083 must shall be repaid to the Florida Retirement System Trust
1084 Fund, and retirement benefits shall remain suspended until
1085 repayment is made. Benefits suspended beyond the end of the
1086 retiree’s retired member’s first 12 months of retirement shall
1087 apply toward repayment of benefits received in violation of the
1088 780-hour reemployment limitation.
1089 c.5. The State University System may reemploy a retiree
1090 retired member as an adjunct faculty member or as a participant
1091 in a phased retirement program within the State University
1092 System after the retiree retired member has been retired for 1
1093 calendar month, in accordance with s. 121.021(39). A Any retired
1094 member who is reemployed within 1 calendar month after
1095 retirement shall void his or her application for retirement
1096 benefits. The State University System is subject to the retired
1097 contribution required in subparagraph 2. 7., as appropriate. A
1098 retiree retired member may be reemployed as an adjunct faculty
1099 member or a participant in a phased retirement program for no
1100 more than 780 hours during the first 12 months of his or her
1101 retirement. A retiree Any retired member reemployed for more
1102 than 780 hours during the first 12 months of retirement must
1103 shall give timely notice in writing to the employer and to the
1104 Division of Retirement or the state board of the date he or she
1105 will exceed the limitation. The division shall suspend his or
1106 her retirement benefits for the remainder of the first 12 months
1107 of retirement. Any retiree person employed in violation of this
1108 sub-subparagraph subparagraph and any employer who employing
1109 agency which knowingly employs or appoints such person without
1110 notifying the division of Retirement to suspend retirement
1111 benefits are shall be jointly and severally liable for
1112 reimbursement to the retirement trust fund of any benefits paid
1113 during the reemployment limitation period. The employer must To
1114 avoid liability, such employing agency shall have a written
1115 statement from the retiree that he or she is not retired from a
1116 state-administered retirement system. Any retirement benefits
1117 received by the retiree a retired member while reemployed in
1118 excess of 780 hours during the first 12 months of retirement
1119 must shall be repaid to the Florida Retirement System Trust
1120 Fund, and retirement benefits shall remain suspended until
1121 repayment is made. Benefits suspended beyond the end of the
1122 retiree’s retired member’s first 12 months of retirement shall
1123 apply toward repayment of benefits received in violation of the
1124 780-hour reemployment limitation.
1125 d.6. The Board of Trustees of the Florida School for the
1126 Deaf and the Blind may reemploy a retiree retired member as a
1127 substitute teacher, substitute residential instructor, or
1128 substitute nurse on a noncontractual basis after he or she has
1129 been retired for 1 calendar month, in accordance with s.
1130 121.021(39). Any retired member who is reemployed within 1
1131 calendar month after retirement shall void his or her
1132 application for retirement benefits. The Board of Trustees of
1133 the Florida School for the Deaf and the Blind reemploying such
1134 teachers, residential instructors, or nurses is subject to the
1135 retirement contribution required by subparagraph 2. 7.
1136 Reemployment of a retired member as a substitute teacher,
1137 substitute residential instructor, or substitute nurse is
1138 limited to 780 hours during the first 12 months of his or her
1139 retirement. Any retired member reemployed for more than 780
1140 hours during the first 12 months of retirement shall give timely
1141 notice in writing to the employer and to the division of the
1142 date he or she will exceed the limitation. The division shall
1143 suspend his or her retirement benefits for the remainder of the
1144 first 12 months of retirement. Any person employed in violation
1145 of this subparagraph and any employing agency which knowingly
1146 employs or appoints such person without notifying the division
1147 of Retirement to suspend retirement benefits shall be jointly
1148 and severally liable for reimbursement to the retirement trust
1149 fund of any benefits paid during the reemployment limitation
1150 period. To avoid liability, such employing agency shall have a
1151 written statement from the retiree that he or she is not retired
1152 from a state-administered retirement system. Any retirement
1153 benefits received by a retired member while reemployed in excess
1154 of 780 hours during the first 12 months of retirement shall be
1155 repaid to the Retirement System Trust Fund, and his or her
1156 retirement benefits shall remain suspended until payment is
1157 made. Benefits suspended beyond the end of the retired member’s
1158 first 12 months of retirement shall apply toward repayment of
1159 benefits received in violation of the 780-hour reemployment
1160 limitation.
1161 e. A developmental research school may reemploy a retiree
1162 as a substitute or hourly teacher or an education
1163 paraprofessional as defined in s. 1012.01(2) on a noncontractual
1164 basis after he or she has been retired for 1 calendar month. A
1165 developmental research school may reemploy a retiree as
1166 instructional personnel, as defined in s. 1012.01(2)(a), on an
1167 annual contractual basis after he or she has been retired for 1
1168 calendar month after retirement. Any member who is reemployed
1169 within 1 calendar month voids his or her application for
1170 retirement benefits. A developmental research school that
1171 reemploys retired teachers and education paraprofessionals is
1172 subject to the retirement contribution required by subparagraph
1173 2.
1174 f. A charter school may reemploy a retiree as a substitute
1175 or hourly teacher on a noncontractual basis after he or she has
1176 been retired for 1 calendar month. A charter school may reemploy
1177 a retired member as instructional personnel, as defined in s.
1178 1012.01(2)(a), on an annual contractual basis after he or she
1179 has been retired for 1 calendar month after retirement. Any
1180 member who is reemployed within 1 calendar month voids his or
1181 her application for retirement benefits. A charter school that
1182 reemploys such teachers is subject to the retirement
1183 contribution required by subparagraph 2.
1184 2.7. The employment by an employer of a any retiree or
1185 DROP participant of a any state-administered retirement system
1186 does not affect shall have no effect on the average final
1187 compensation or years of creditable service of the retiree or
1188 DROP participant. Before Prior to July 1, 1991, upon employment
1189 of any person, other than an elected officer as provided in s.
1190 121.053, who is has been retired under a any state-administered
1191 retirement program, the employer shall pay retirement
1192 contributions in an amount equal to the unfunded actuarial
1193 liability portion of the employer contribution which would be
1194 required for regular members of the Florida Retirement System.
1195 Effective July 1, 1991, contributions shall be made as provided
1196 in s. 121.122 for retirees who have with renewed membership or,
1197 as provided in subsection (13), for with respect to DROP
1198 participants.
1199 8. Any person who has previously retired and who is holding
1200 an elective public office or an appointment to an elective
1201 public office eligible for the Elected Officers’ Class on or
1202 after July 1, 1990, shall be enrolled in the Florida Retirement
1203 System as provided in s. 121.053(1)(b) or, if holding an
1204 elective public office that does not qualify for the Elected
1205 Officers’ Class on or after July 1, 1991, shall be enrolled in
1206 the Florida Retirement System as provided in s. 121.122, and
1207 shall continue to receive retirement benefits as well as
1208 compensation for the elected officer’s service for as long as he
1209 or she remains in elective office. However, any retired member
1210 who served in an elective office prior to July 1, 1990,
1211 suspended his or her retirement benefit, and had his or her
1212 Florida Retirement System membership reinstated shall, upon
1213 retirement from such office, have his or her retirement benefit
1214 recalculated to include the additional service and compensation
1215 earned.
1216 3.9. Any person who is holding an elective public office
1217 which is covered by the Florida Retirement System and who is
1218 concurrently employed in nonelected covered employment may elect
1219 to retire while continuing employment in the elective public
1220 office if, provided that he or she terminates shall be required
1221 to terminate his or her nonelected covered employment. Such Any
1222 person who exercises this election shall receive his or her
1223 retirement benefits in addition to the compensation of the
1224 elective office without regard to the time limitations otherwise
1225 provided in this subsection. A No person who seeks to exercise
1226 the provisions of this subparagraph, as they the same existed
1227 before prior to May 3, 1984, may not be shall be deemed to be
1228 retired under those provisions, unless such person is eligible
1229 to retire under the provisions of this subparagraph, as amended
1230 by chapter 84-11, Laws of Florida.
1231 10. The limitations of this paragraph apply to reemployment
1232 in any capacity with an “employer” as defined in s. 121.021(10),
1233 irrespective of the category of funds from which the person is
1234 compensated.
1235 11. An employing agency may reemploy a retired member as a
1236 firefighter or paramedic after the retired member has been
1237 retired for 1 calendar month, in accordance with s. 121.021(39).
1238 Any retired member who is reemployed within 1 calendar month
1239 after retirement shall void his or her application for
1240 retirement benefits. The employing agency reemploying such
1241 firefighter or paramedic is subject to the retired contribution
1242 required in subparagraph 8. Reemployment of a retired
1243 firefighter or paramedic is limited to no more than 780 hours
1244 during the first 12 months of his or her retirement. Any retired
1245 member reemployed for more than 780 hours during the first 12
1246 months of retirement shall give timely notice in writing to the
1247 employer and to the division of the date he or she will exceed
1248 the limitation. The division shall suspend his or her retirement
1249 benefits for the remainder of the first 12 months of retirement.
1250 Any person employed in violation of this subparagraph and any
1251 employing agency which knowingly employs or appoints such person
1252 without notifying the Division of Retirement to suspend
1253 retirement benefits shall be jointly and severally liable for
1254 reimbursement to the Retirement System Trust Fund of any
1255 benefits paid during the reemployment limitation period. To
1256 avoid liability, such employing agency shall have a written
1257 statement from the retiree that he or she is not retired from a
1258 state-administered retirement system. Any retirement benefits
1259 received by a retired member while reemployed in excess of 780
1260 hours during the first 12 months of retirement shall be repaid
1261 to the Retirement System Trust Fund, and retirement benefits
1262 shall remain suspended until repayment is made. Benefits
1263 suspended beyond the end of the retired member’s first 12 months
1264 of retirement shall apply toward repayment of benefits received
1265 in violation of the 780-hour reemployment limitation.
1266 (c) Any person whose retirement is effective on or after
1267 July 1, 2010, or whose participation in the Deferred Retirement
1268 Option Program terminates on or after July 1, 2010, except as
1269 provided under the disability retirement provisions of
1270 subsection (4) or under s. 121.053, may be reemployed by an
1271 employer that participates in a state-administered retirement
1272 system and receive retirement benefits and compensation from
1273 that employer without limitation, except that the person may not
1274 be reemployed by an employer participating in the Florida
1275 Retirement System for 6 calendar months immediately subsequent
1276 to the date of retirement. However, a DROP participant shall
1277 continue employment and receive a salary during the period of
1278 participation in the Deferred Retirement Option Program, as
1279 provided in subsection (13). A retiree initially reemployed in
1280 violation of this paragraph and an employer that employs or
1281 appoints such person are jointly and severally liable for
1282 reimbursement of any retirement benefits paid to the retirement
1283 trust fund from which the benefits were paid, including the
1284 Florida Retirement System Trust Fund and the Public Employee
1285 Optional Retirement Program Trust Fund, as appropriate. The
1286 employer must have a written statement from the employee that he
1287 or she is not retired from a state-administered retirement
1288 system.
1289 1. The reemployed retiree may not renew membership in the
1290 Florida Retirement System.
1291 2. The employer shall pay retirement contributions in an
1292 amount equal to the unfunded actuarial liability portion of the
1293 employer contribution that would be required for active members
1294 of the Florida Retirement System in addition to the
1295 contributions required by s. 121.76.
1296 (d)(c) The provisions of this subsection apply to retirees,
1297 as defined in s. 121.4501(2)(j), of the Public Employee Optional
1298 Retirement Program created in part II, subject to the following
1299 conditions:
1300 1. The Such retirees may not be reemployed with an employer
1301 participating in the Florida Retirement System as provided in
1302 paragraph (b) until such person has been retired for 6 3
1303 calendar months, unless the participant has reached the normal
1304 retirement requirements of the defined benefit plan as provided
1305 in s. 121.021(29).
1306 2. A Such retiree employed in violation of this subsection
1307 and an employer any employing agency that knowingly employs or
1308 appoints such person are shall be jointly and severally liable
1309 for reimbursement of any benefits paid to the retirement trust
1310 fund from which the benefits were paid, including the Retirement
1311 System Trust Fund and the Public Employee Optional Retirement
1312 Program Trust Fund, as appropriate. The employer To avoid
1313 liability, such employing agency must have a written statement
1314 from the retiree that he or she is not retired from a state
1315 administered retirement system.
1316 (e) The limitations of this subsection apply to
1317 reemployment in any capacity irrespective of the category of
1318 funds from which the person is compensated.
1319
1320 ================= T I T L E A M E N D M E N T ================
1321 And the title is amended as follows:
1322 Delete lines 3 - 50
1323 and insert:
1324 redefining the terms “employer,” “officer or
1325 employee,” “past service,” “normal retirement date,”
1326 “termination,” “regularly established position,” and
1327 “temporary position”; defining the terms “state board”
1328 and “trustees”; amending s. 121.031, F.S.; requiring
1329 promotional materials that refer to the Florida
1330 Retirement System to include a disclaimer unless
1331 approval is obtained from the Department of Management
1332 Services or the State Board of Administration;
1333 amending s. 121.051, F.S.; conforming a cross
1334 reference; clarifying when a State Community College
1335 System Optional Retirement Program participant is
1336 considered a retiree; revising provisions relating to
1337 participation in the Florida Retirement System by
1338 certain employers; excluding the participation of
1339 certain entities under a lease agreement; amending s.
1340 121.052, F.S.; revising membership criteria for the
1341 Elected Officers’ Class; revising when a governing
1342 body of a municipality or special district may elect
1343 to designate its elected positions for inclusion in
1344 the Elected Officers’ Class; amending s. 121.053,
1345 F.S.; revising provisions relating to a retiree's
1346 participation in the Elected Officers’ Class;
1347 providing that a retiree who is elected after a
1348 certain date may not reenroll in the Florida
1349 Retirement System and may not continue to earn
1350 interest on his or her DROP account after the end of
1351 the 60-month DROP period; amending s. 121.055, F.S.;
1352 providing that a retiree of that class who is
1353 reemployed as an elected official may not renew
1354 membership in the Senior Management Class or the
1355 Senior Management Annuity Program; revising provisions
1356 relating to de minimis accounts; amending s. 121.071,
1357 F.S.; providing an additional mechanism for the
1358 payment of employee contributions to the system;
1359 amending s. 121.081, F.S.; providing for receipt of
1360 credit for past or prior service by charter school and
1361 charter technical career center employees; prohibiting
1362 a member from receiving credit for service covered and
1363 reported by both a public employer and a private
1364 employer; amending s. 121.091, F.S.; revising and
1365 clarifying provisions relating to employment after
1366 retirement; authorizing developmental research schools
1367 and charter schools to reemploy certain retired
1368 members under specified conditions; providing that
1369 retirees of a state-administered retirement system who
1370 retire after a certain date may not be reemployed by
1371 an employer participating in the Florida Retirement
1372 System for 6 months and may not renew membership in
1373 the Florida Retirement System; revising