Florida Senate - 2019                                    SB 1096
       
       
        
       By Senator Perry
       
       
       
       
       
       8-01931A-19                                           20191096__
    1                        A bill to be entitled                      
    2         An act relating to reemployment after retirement;
    3         amending s. 121.091, F.S.; authorizing a retiree of
    4         the Florida Retirement System to be reemployed under
    5         certain circumstances; providing an effective date.
    6          
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Paragraph (b) of subsection (9) of section
   10  121.091, Florida Statutes, is amended to read:
   11         121.091 Benefits payable under the system.—Benefits may not
   12  be paid under this section unless the member has terminated
   13  employment as provided in s. 121.021(39)(a) or begun
   14  participation in the Deferred Retirement Option Program as
   15  provided in subsection (13), and a proper application has been
   16  filed in the manner prescribed by the department. The department
   17  may cancel an application for retirement benefits when the
   18  member or beneficiary fails to timely provide the information
   19  and documents required by this chapter and the department’s
   20  rules. The department shall adopt rules establishing procedures
   21  for application for retirement benefits and for the cancellation
   22  of such application when the required information or documents
   23  are not received.
   24         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
   25         (b) Any person whose retirement is effective before July 1,
   26  2010, or whose participation in the Deferred Retirement Option
   27  Program terminates before July 1, 2010, except under the
   28  disability retirement provisions of subsection (4) or as
   29  provided in s. 121.053, may be reemployed by an employer that
   30  participates in a state-administered retirement system and
   31  receive retirement benefits and compensation from that employer,
   32  except that the person may not be reemployed by an employer
   33  participating in the Florida Retirement System before meeting
   34  the definition of termination in s. 121.021 and may not receive
   35  both a salary from the employer and retirement benefits for 12
   36  calendar months immediately subsequent to the date of
   37  retirement. However, a DROP participant shall continue
   38  employment and receive a salary during the period of
   39  participation in the Deferred Retirement Option Program, as
   40  provided in subsection (13). Notwithstanding this paragraph, a
   41  retiree may be reemployed by an employer participating in the
   42  Florida Retirement System before completion of the 12-month
   43  limitation period if the retiree is employed on a part-time
   44  basis and is not qualified to receive retirement benefits during
   45  the 12-month period after the date of reemployment.
   46         1. A retiree who violates such reemployment limitation
   47  before completion of the 12-month limitation period must give
   48  timely notice of this fact in writing to the employer and to the
   49  Division of Retirement or the state board and shall have his or
   50  her retirement benefits suspended for the months employed or the
   51  balance of the 12-month limitation period as required in sub
   52  subparagraphs b. and c. A retiree employed in violation of this
   53  paragraph and an employer who employs or appoints such person
   54  are jointly and severally liable for reimbursement to the
   55  retirement trust fund, including the Florida Retirement System
   56  Trust Fund and the Florida Retirement System Investment Plan
   57  Trust Fund, from which the benefits were paid. The employer must
   58  have a written statement from the retiree that he or she is not
   59  retired from a state-administered retirement system. Retirement
   60  benefits shall remain suspended until repayment has been made.
   61  Benefits suspended beyond the reemployment limitation shall
   62  apply toward repayment of benefits received in violation of the
   63  reemployment limitation.
   64         a. A district school board may reemploy a retiree as a
   65  substitute or hourly teacher, education paraprofessional,
   66  transportation assistant, bus driver, or food service worker on
   67  a noncontractual basis after he or she has been retired for 1
   68  calendar month. A district school board may reemploy a retiree
   69  as instructional personnel, as defined in s. 1012.01(2)(a), on
   70  an annual contractual basis after he or she has been retired for
   71  1 calendar month. Any member who is reemployed within 1 calendar
   72  month after retirement shall void his or her application for
   73  retirement benefits. District school boards reemploying such
   74  teachers, education paraprofessionals, transportation
   75  assistants, bus drivers, or food service workers are subject to
   76  the retirement contribution required by subparagraph 2.
   77         b. A Florida College System institution board of trustees
   78  may reemploy a retiree as an adjunct instructor or as a
   79  participant in a phased retirement program within the Florida
   80  College System, after he or she has been retired for 1 calendar
   81  month. A member who is reemployed within 1 calendar month after
   82  retirement shall void his or her application for retirement
   83  benefits. Boards of trustees reemploying such instructors are
   84  subject to the retirement contribution required in subparagraph
   85  2. A retiree may be reemployed as an adjunct instructor for no
   86  more than 780 hours during the first 12 months of retirement. A
   87  retiree reemployed for more than 780 hours during the first 12
   88  months of retirement must give timely notice in writing to the
   89  employer and to the Division of Retirement or the state board of
   90  the date he or she will exceed the limitation. The division
   91  shall suspend his or her retirement benefits for the remainder
   92  of the 12 months of retirement. Any retiree employed in
   93  violation of this sub-subparagraph and any employer who employs
   94  or appoints such person without notifying the division to
   95  suspend retirement benefits are jointly and severally liable for
   96  any benefits paid during the reemployment limitation period. The
   97  employer must have a written statement from the retiree that he
   98  or she is not retired from a state-administered retirement
   99  system. Any retirement benefits received by the retiree while
  100  reemployed in excess of 780 hours during the first 12 months of
  101  retirement must be repaid to the Florida Retirement System Trust
  102  Fund, and retirement benefits shall remain suspended until
  103  repayment is made. Benefits suspended beyond the end of the
  104  retiree’s first 12 months of retirement shall apply toward
  105  repayment of benefits received in violation of the 780-hour
  106  reemployment limitation.
  107         c. The State University System may reemploy a retiree as an
  108  adjunct faculty member or as a participant in a phased
  109  retirement program within the State University System after the
  110  retiree has been retired for 1 calendar month. A member who is
  111  reemployed within 1 calendar month after retirement shall void
  112  his or her application for retirement benefits. The State
  113  University System is subject to the retired contribution
  114  required in subparagraph 2., as appropriate. A retiree may be
  115  reemployed as an adjunct faculty member or a participant in a
  116  phased retirement program for no more than 780 hours during the
  117  first 12 months of his or her retirement. A retiree reemployed
  118  for more than 780 hours during the first 12 months of retirement
  119  must give timely notice in writing to the employer and to the
  120  Division of Retirement or the state board of the date he or she
  121  will exceed the limitation. The division shall suspend his or
  122  her retirement benefits for the remainder of the 12 months. Any
  123  retiree employed in violation of this sub-subparagraph and any
  124  employer who employs or appoints such person without notifying
  125  the division to suspend retirement benefits are jointly and
  126  severally liable for any benefits paid during the reemployment
  127  limitation period. The employer must have a written statement
  128  from the retiree that he or she is not retired from a state
  129  administered retirement system. Any retirement benefits received
  130  by the retiree while reemployed in excess of 780 hours during
  131  the first 12 months of retirement must be repaid to the Florida
  132  Retirement System Trust Fund, and retirement benefits shall
  133  remain suspended until repayment is made. Benefits suspended
  134  beyond the end of the retiree’s first 12 months of retirement
  135  shall apply toward repayment of benefits received in violation
  136  of the 780-hour reemployment limitation.
  137         d. The Board of Trustees of the Florida School for the Deaf
  138  and the Blind may reemploy a retiree as a substitute teacher,
  139  substitute residential instructor, or substitute nurse on a
  140  noncontractual basis after he or she has been retired for 1
  141  calendar month. Any member who is reemployed within 1 calendar
  142  month after retirement shall void his or her application for
  143  retirement benefits. The Board of Trustees of the Florida School
  144  for the Deaf and the Blind reemploying such teachers,
  145  residential instructors, or nurses is subject to the retirement
  146  contribution required by subparagraph 2.
  147         e. A developmental research school may reemploy a retiree
  148  as a substitute or hourly teacher or an education
  149  paraprofessional as defined in s. 1012.01(2) on a noncontractual
  150  basis after he or she has been retired for 1 calendar month. A
  151  developmental research school may reemploy a retiree as
  152  instructional personnel, as defined in s. 1012.01(2)(a), on an
  153  annual contractual basis after he or she has been retired for 1
  154  calendar month after retirement. Any member who is reemployed
  155  within 1 calendar month voids his or her application for
  156  retirement benefits. A developmental research school that
  157  reemploys retired teachers and education paraprofessionals is
  158  subject to the retirement contribution required by subparagraph
  159  2.
  160         f. A charter school may reemploy a retiree as a substitute
  161  or hourly teacher on a noncontractual basis after he or she has
  162  been retired for 1 calendar month. A charter school may reemploy
  163  a retired member as instructional personnel, as defined in s.
  164  1012.01(2)(a), on an annual contractual basis after he or she
  165  has been retired for 1 calendar month after retirement. Any
  166  member who is reemployed within 1 calendar month voids his or
  167  her application for retirement benefits. A charter school that
  168  reemploys such teachers is subject to the retirement
  169  contribution required by subparagraph 2.
  170         2. The employment of a retiree or DROP participant of a
  171  state-administered retirement system does not affect the average
  172  final compensation or years of creditable service of the retiree
  173  or DROP participant. Before July 1, 1991, upon employment of any
  174  person, other than an elected officer as provided in s. 121.053,
  175  who is retired under a state-administered retirement program,
  176  the employer shall pay retirement contributions in an amount
  177  equal to the unfunded actuarial liability portion of the
  178  employer contribution which would be required for regular
  179  members of the Florida Retirement System. Effective July 1,
  180  1991, contributions shall be made as provided in s. 121.122 for
  181  retirees who have renewed membership or, as provided in
  182  subsection (13), for DROP participants.
  183         3. Any person who is holding an elective public office
  184  which is covered by the Florida Retirement System and who is
  185  concurrently employed in nonelected covered employment may elect
  186  to retire while continuing employment in the elective public
  187  office if he or she terminates his or her nonelected covered
  188  employment. Such person shall receive his or her retirement
  189  benefits in addition to the compensation of the elective office
  190  without regard to the time limitations otherwise provided in
  191  this subsection. A person who seeks to exercise the provisions
  192  of this subparagraph as they existed before May 3, 1984, may not
  193  be deemed to be retired under those provisions, unless such
  194  person is eligible to retire under this subparagraph, as amended
  195  by chapter 84-11, Laws of Florida.
  196         Section 2. This act shall take effect July 1, 2019.