Florida Senate - 2015                                     SB 696
       
       
        
       By Senator Diaz de la Portilla
       
       
       
       
       
       40-00586-15                                            2015696__
    1                        A bill to be entitled                      
    2         An act relating to reemployment after retirement;
    3         amending s. 121.091, F.S.; authorizing Florida
    4         Retirement System members to be reemployed after
    5         retirement under certain conditions; amending s.
    6         121.591, F.S.; conforming provisions to changes made
    7         by the act; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (9) of section 121.091, Florida
   12  Statutes, is amended to read:
   13         121.091 Benefits payable under the system.—Benefits may not
   14  be paid under this section unless the member has terminated
   15  employment as provided in s. 121.021(39)(a) or begun
   16  participation in the Deferred Retirement Option Program as
   17  provided in subsection (13), and a proper application has been
   18  filed in the manner prescribed by the department. The department
   19  may cancel an application for retirement benefits when the
   20  member or beneficiary fails to timely provide the information
   21  and documents required by this chapter and the department’s
   22  rules. The department shall adopt rules establishing procedures
   23  for application for retirement benefits and for the cancellation
   24  of such application when the required information or documents
   25  are not received.
   26         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
   27         (a) A Any person who is retired under this chapter, except
   28  under the disability retirement provisions of subsection (4),
   29  may be employed by an employer that does not participate in a
   30  state-administered retirement system and receive compensation
   31  from that employment without limiting or restricting in any way
   32  the retirement benefits payable to that person.
   33         (b) A Any person who is retired under this chapter whose
   34  retirement is effective before July 1, 2010, or whose
   35  participation in the Deferred Retirement Option Program
   36  terminates before July 1, 2010, except under the disability
   37  retirement provisions of subsection (4) or as provided in s.
   38  121.053, may be reemployed by an employer that participates in a
   39  state-administered retirement system and receive retirement
   40  benefits and compensation from that employer, except that the
   41  person may not be reemployed by an employer participating in the
   42  Florida Retirement System before meeting the definition of
   43  termination in s. 121.021 and may not receive both a salary from
   44  the employer and retirement benefits for 12 calendar months
   45  immediately subsequent to the date of retirement. However, A
   46  DROP participant shall continue employment and receive a salary
   47  during the period of participation in the Deferred Retirement
   48  Option Program, as provided in subsection (13).
   49         1. A retiree who violates such reemployment limitation
   50  before completion of the 12-month limitation period must give
   51  timely notice of this fact in writing to the employer and to the
   52  Division of Retirement or the state board and shall have his or
   53  her retirement benefits suspended for the months employed or the
   54  balance of the 12-month limitation period as required in sub
   55  subparagraphs b. and c. A retiree employed in violation of this
   56  paragraph and an employer who employs or appoints such person
   57  are jointly and severally liable for reimbursement to the
   58  retirement trust fund, including the Florida Retirement System
   59  Trust Fund and the Public Employee Optional Retirement Program
   60  Trust Fund, from which the benefits were paid. The employer must
   61  have a written statement from the retiree that he or she is not
   62  retired from a state-administered retirement system. Retirement
   63  benefits shall remain suspended until repayment has been made.
   64  Benefits suspended beyond the reemployment limitation shall
   65  apply toward repayment of benefits received in violation of the
   66  reemployment limitation.
   67         a. A district school board may reemploy a retiree as a
   68  substitute or hourly teacher, education paraprofessional,
   69  transportation assistant, bus driver, or food service worker on
   70  a noncontractual basis after he or she has been retired for 1
   71  calendar month. A district school board may reemploy a retiree
   72  as instructional personnel, as defined in s. 1012.01(2)(a), on
   73  an annual contractual basis after he or she has been retired for
   74  1 calendar month. Any member who is reemployed within 1 calendar
   75  month after retirement shall void his or her application for
   76  retirement benefits. District school boards reemploying such
   77  teachers, education paraprofessionals, transportation
   78  assistants, bus drivers, or food service workers are subject to
   79  the retirement contribution required by subparagraph 2.
   80         b. A Florida College System institution board of trustees
   81  may reemploy a retiree as an adjunct instructor or as a
   82  participant in a phased retirement program within the Florida
   83  College System, after he or she has been retired for 1 calendar
   84  month. A member who is reemployed within 1 calendar month after
   85  retirement shall void his or her application for retirement
   86  benefits. Boards of trustees reemploying such instructors are
   87  subject to the retirement contribution required in subparagraph
   88  2. A retiree may be reemployed as an adjunct instructor for no
   89  more than 780 hours during the first 12 months of retirement. A
   90  retiree reemployed for more than 780 hours during the first 12
   91  months of retirement must give timely notice in writing to the
   92  employer and to the Division of Retirement or the state board of
   93  the date he or she will exceed the limitation. The division
   94  shall suspend his or her retirement benefits for the remainder
   95  of the 12 months of retirement. Any retiree employed in
   96  violation of this sub-subparagraph and any employer who employs
   97  or appoints such person without notifying the division to
   98  suspend retirement benefits are jointly and severally liable for
   99  any benefits paid during the reemployment limitation period. The
  100  employer must have a written statement from the retiree that he
  101  or she is not retired from a state-administered retirement
  102  system. Any retirement benefits received by the retiree while
  103  reemployed in excess of 780 hours during the first 12 months of
  104  retirement must be repaid to the Florida Retirement System Trust
  105  Fund, and retirement benefits shall remain suspended until
  106  repayment is made. Benefits suspended beyond the end of the
  107  retiree’s first 12 months of retirement shall apply toward
  108  repayment of benefits received in violation of the 780-hour
  109  reemployment limitation.
  110         c. The State University System may reemploy a retiree as an
  111  adjunct faculty member or as a participant in a phased
  112  retirement program within the State University System after the
  113  retiree has been retired for 1 calendar month. A member who is
  114  reemployed within 1 calendar month after retirement shall void
  115  his or her application for retirement benefits. The State
  116  University System is subject to the retired contribution
  117  required in subparagraph 2., as appropriate. A retiree may be
  118  reemployed as an adjunct faculty member or a participant in a
  119  phased retirement program for no more than 780 hours during the
  120  first 12 months of his or her retirement. A retiree reemployed
  121  for more than 780 hours during the first 12 months of retirement
  122  must give timely notice in writing to the employer and to the
  123  Division of Retirement or the state board of the date he or she
  124  will exceed the limitation. The division shall suspend his or
  125  her retirement benefits for the remainder of the 12 months. Any
  126  retiree employed in violation of this sub-subparagraph and any
  127  employer who employs or appoints such person without notifying
  128  the division to suspend retirement benefits are jointly and
  129  severally liable for any benefits paid during the reemployment
  130  limitation period. The employer must have a written statement
  131  from the retiree that he or she is not retired from a state
  132  administered retirement system. Any retirement benefits received
  133  by the retiree while reemployed in excess of 780 hours during
  134  the first 12 months of retirement must be repaid to the Florida
  135  Retirement System Trust Fund, and retirement benefits shall
  136  remain suspended until repayment is made. Benefits suspended
  137  beyond the end of the retiree’s first 12 months of retirement
  138  shall apply toward repayment of benefits received in violation
  139  of the 780-hour reemployment limitation.
  140         d. The Board of Trustees of the Florida School for the Deaf
  141  and the Blind may reemploy a retiree as a substitute teacher,
  142  substitute residential instructor, or substitute nurse on a
  143  noncontractual basis after he or she has been retired for 1
  144  calendar month. Any member who is reemployed within 1 calendar
  145  month after retirement shall void his or her application for
  146  retirement benefits. The Board of Trustees of the Florida School
  147  for the Deaf and the Blind reemploying such teachers,
  148  residential instructors, or nurses is subject to the retirement
  149  contribution required by subparagraph 2.
  150         e. A developmental research school may reemploy a retiree
  151  as a substitute or hourly teacher or an education
  152  paraprofessional as defined in s. 1012.01(2) on a noncontractual
  153  basis after he or she has been retired for 1 calendar month. A
  154  developmental research school may reemploy a retiree as
  155  instructional personnel, as defined in s. 1012.01(2)(a), on an
  156  annual contractual basis after he or she has been retired for 1
  157  calendar month after retirement. Any member who is reemployed
  158  within 1 calendar month voids his or her application for
  159  retirement benefits. A developmental research school that
  160  reemploys retired teachers and education paraprofessionals is
  161  subject to the retirement contribution required by subparagraph
  162  2.
  163         f. A charter school may reemploy a retiree as a substitute
  164  or hourly teacher on a noncontractual basis after he or she has
  165  been retired for 1 calendar month. A charter school may reemploy
  166  a retired member as instructional personnel, as defined in s.
  167  1012.01(2)(a), on an annual contractual basis after he or she
  168  has been retired for 1 calendar month after retirement. Any
  169  member who is reemployed within 1 calendar month voids his or
  170  her application for retirement benefits. A charter school that
  171  reemploys such teachers is subject to the retirement
  172  contribution required by subparagraph 2.
  173         1.2. The employment of a retiree or DROP participant of a
  174  state-administered retirement system does not affect the average
  175  final compensation or years of creditable service of the retiree
  176  or DROP participant. Before July 1, 1991, upon employment of any
  177  person, other than an elected officer as provided in s. 121.053,
  178  who is retired under a state-administered retirement program,
  179  the employer shall pay retirement contributions in an amount
  180  equal to the unfunded actuarial liability portion of the
  181  employer contribution which would be required for regular
  182  members of the Florida Retirement System. Effective July 1,
  183  1991, contributions shall be made as provided in s. 121.122 for
  184  retirees who have renewed membership or, as provided in
  185  subsection (13), for DROP participants.
  186         2.3. Any person who is holding an elective public office
  187  which is covered by the Florida Retirement System and who is
  188  concurrently employed in nonelected covered employment may elect
  189  to retire while continuing employment in the elective public
  190  office if he or she terminates his or her nonelected covered
  191  employment. Such person shall receive his or her retirement
  192  benefits in addition to the compensation of the elective office
  193  without regard to the time limitations otherwise provided in
  194  this subsection. A person who seeks to exercise the provisions
  195  of this subparagraph as they existed before May 3, 1984, may not
  196  be deemed to be retired under those provisions, unless such
  197  person is eligible to retire under this subparagraph, as amended
  198  by chapter 84-11, Laws of Florida.
  199         (c) Any person whose retirement is effective on or after
  200  July 1, 2010, or whose participation in the Deferred Retirement
  201  Option Program terminates on or after July 1, 2010, who is
  202  retired under this chapter, except under the disability
  203  retirement provisions of subsection (4) or as provided in s.
  204  121.053, may be reemployed by an employer that participates in a
  205  state-administered retirement system and receive retirement
  206  benefits and compensation from that employer. However, a person
  207  may not be reemployed by an employer participating in the
  208  Florida Retirement System before meeting the definition of
  209  termination in s. 121.021 and may not receive both a salary from
  210  the employer and retirement benefits for 6 calendar months after
  211  meeting the definition of termination. However, A DROP
  212  participant shall continue employment and receive a salary
  213  during the period of participation in the Deferred Retirement
  214  Option Program, as provided in subsection (13).
  215         1. The reemployed retiree may not renew membership in the
  216  Florida Retirement System.
  217         2. The employer shall pay retirement contributions in an
  218  amount equal to the unfunded actuarial liability portion of the
  219  employer contribution that would be required for active members
  220  of the Florida Retirement System in addition to the
  221  contributions required by s. 121.76.
  222         3. A retiree initially reemployed in violation of this
  223  paragraph and an employer that employs or appoints such person
  224  are jointly and severally liable for reimbursement of any
  225  retirement benefits paid to the retirement trust fund from which
  226  the benefits were paid, including the Florida Retirement System
  227  Trust Fund and the Public Employee Optional Retirement Program
  228  Trust Fund, as appropriate. The employer must have a written
  229  statement from the employee that he or she is not retired from a
  230  state-administered retirement system. Retirement benefits shall
  231  remain suspended until repayment is made. Benefits suspended
  232  beyond the end of the retiree’s 6-month reemployment limitation
  233  period shall apply toward the repayment of benefits received in
  234  violation of this paragraph.
  235         (d) This subsection applies to retirees, as defined in s.
  236  121.4501(2), of the Florida Retirement System Investment Plan,
  237  subject to the following conditions:
  238         1. A retiree may not be reemployed with an employer
  239  participating in the Florida Retirement System until such person
  240  has been retired for 6 calendar months.
  241         2. A retiree employed in violation of this subsection and
  242  an employer that employs or appoints such person are jointly and
  243  severally liable for reimbursement of any benefits paid to the
  244  retirement trust fund from which the benefits were paid. The
  245  employer must have a written statement from the retiree that he
  246  or she is not retired from a state-administered retirement
  247  system.
  248         (c)(e) The limitations of this subsection apply to
  249  reemployment in any capacity irrespective of the category of
  250  funds from which the person is compensated.
  251         Section 2. Paragraph (a) of subsection (1) of section
  252  121.591, Florida Statutes, is amended to read:
  253         121.591 Payment of benefits.—Benefits may not be paid under
  254  the Florida Retirement System Investment Plan unless the member
  255  has terminated employment as provided in s. 121.021(39)(a) or is
  256  deceased and a proper application has been filed as prescribed
  257  by the state board or the department. Benefits, including
  258  employee contributions, are not payable under the investment
  259  plan for employee hardships, unforeseeable emergencies, loans,
  260  medical expenses, educational expenses, purchase of a principal
  261  residence, payments necessary to prevent eviction or foreclosure
  262  on an employee’s principal residence, or any other reason except
  263  a requested distribution for retirement, a mandatory de minimis
  264  distribution authorized by the administrator, or a required
  265  minimum distribution provided pursuant to the Internal Revenue
  266  Code. The state board or department, as appropriate, may cancel
  267  an application for retirement benefits if the member or
  268  beneficiary fails to timely provide the information and
  269  documents required by this chapter and the rules of the state
  270  board and department. In accordance with their respective
  271  responsibilities, the state board and the department shall adopt
  272  rules establishing procedures for application for retirement
  273  benefits and for the cancellation of such application if the
  274  required information or documents are not received. The state
  275  board and the department, as appropriate, are authorized to cash
  276  out a de minimis account of a member who has been terminated
  277  from Florida Retirement System covered employment for a minimum
  278  of 6 calendar months. A de minimis account is an account
  279  containing employer and employee contributions and accumulated
  280  earnings of not more than $5,000 made under the provisions of
  281  this chapter. Such cash-out must be a complete lump-sum
  282  liquidation of the account balance, subject to the provisions of
  283  the Internal Revenue Code, or a lump-sum direct rollover
  284  distribution paid directly to the custodian of an eligible
  285  retirement plan, as defined by the Internal Revenue Code, on
  286  behalf of the member. Any nonvested accumulations and associated
  287  service credit, including amounts transferred to the suspense
  288  account of the Florida Retirement System Investment Plan Trust
  289  Fund authorized under s. 121.4501(6), shall be forfeited upon
  290  payment of any vested benefit to a member or beneficiary, except
  291  for de minimis distributions or minimum required distributions
  292  as provided under this section. If any financial instrument
  293  issued for the payment of retirement benefits under this section
  294  is not presented for payment within 180 days after the last day
  295  of the month in which it was originally issued, the third-party
  296  administrator or other duly authorized agent of the state board
  297  shall cancel the instrument and credit the amount of the
  298  instrument to the suspense account of the Florida Retirement
  299  System Investment Plan Trust Fund authorized under s.
  300  121.4501(6). Any amounts transferred to the suspense account are
  301  payable upon a proper application, not to include earnings
  302  thereon, as provided in this section, within 10 years after the
  303  last day of the month in which the instrument was originally
  304  issued, after which time such amounts and any earnings
  305  attributable to employer contributions shall be forfeited. Any
  306  forfeited amounts are assets of the trust fund and are not
  307  subject to chapter 717.
  308         (1) NORMAL BENEFITS.—Under the investment plan:
  309         (a) Benefits in the form of vested accumulations as
  310  described in s. 121.4501(6) are payable under this subsection in
  311  accordance with the following terms and conditions:
  312         1. Benefits are payable only to a member, an alternate
  313  payee of a qualified domestic relations order, or a beneficiary.
  314         2. Benefits shall be paid by the third-party administrator
  315  or designated approved providers in accordance with the law, the
  316  contracts, and any applicable board rule or policy.
  317         3. The member must be terminated from all employment with
  318  all Florida Retirement System employers, as provided in s.
  319  121.021(39).
  320         4. Benefit payments may not be made until the member has
  321  been terminated for 3 calendar months, except that the state
  322  board may authorize by rule for the distribution of up to 10
  323  percent of the member’s account after being terminated for 1
  324  calendar month if the member has reached the normal retirement
  325  date as defined in s. 121.021.
  326         5. If a member or former member of the Florida Retirement
  327  System receives an invalid distribution, such person must either
  328  repay the full amount within 90 days after receipt of final
  329  notification by the state board or the third-party administrator
  330  that the distribution was invalid, or, in lieu of repayment, the
  331  member must terminate employment from all participating
  332  employers. If such person fails to repay the full invalid
  333  distribution within 90 days after receipt of final notification,
  334  the person may be deemed retired from the investment plan by the
  335  state board and is subject to s. 121.122. If such person is
  336  deemed retired, any joint and several liability set out in s.
  337  121.091(9)(d)2. is void, and the state board, the department, or
  338  the employing agency is not liable for gains on payroll
  339  contributions that have not been deposited to the person’s
  340  account in the investment plan, pending resolution of the
  341  invalid distribution. The member or former member who has been
  342  deemed retired or who has been determined by the state board to
  343  have taken an invalid distribution may appeal the agency
  344  decision through the complaint process as provided under s.
  345  121.4501(9)(g)3. As used in this subparagraph, the term “invalid
  346  distribution” means any distribution from an account in the
  347  investment plan which is taken in violation of this section, s.
  348  121.091(9), or s. 121.4501.
  349         Section 3. This act shall take effect July 1, 2015.