Florida Senate - 2021 SB 1632 By Senator Ausley 3-01890A-21 20211632__ 1 A bill to be entitled 2 An act relating to the Florida Retirement System; 3 amending s. 121.021, F.S.; revising the definition of 4 the term “continuous service” for purposes of the 5 Florida Retirement System; amending s. 121.091, F.S.; 6 revising an exception to the employment after 7 retirement limitations for retired law enforcement 8 officers who are reemployed with a covered employer; 9 providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Subsection (38) of section 121.021, Florida 14 Statutes, is amended to read: 15 121.021 Definitions.—The following words and phrases as 16 used in this chapter have the respective meanings set forth 17 unless a different meaning is plainly required by the context: 18 (38) “Continuous service” means creditable service as a 19 member, beginning with the first day of employment with an 20 employer covered under a state-administered retirement system 21 consolidated herein and continuing for as long as the member 22 remains in an employer-employee relationship with an employer 23 covered under this chapter. An absence of 1 calendar month or 24 more from an employer’s payroll is
shall beconsidered a break 25 in continuous service, except for periods of absence during 26 which an employer-employee relationship continues to exist and 27 such period of absence is creditable under this chapter or under 28 one of the existing systems consolidated herein. However, a law 29 enforcement officer as defined in s. 121.0515(3)(a) who was a 30 member of a state-administered retirement system under chapter 31 122 or chapter 321 and who resigned and was subsequently 32 reemployed in a law enforcement position within 30 calendar days 33 after 12 calendar months ofsuch resignation by an employer 34 under such state-administered retirement system is shall be35 deemed to have not experienced a break in service. Further, with 36 respect to a state-employed law enforcement officer who meets 37 the criteria specified in s. 121.0515(3)(a), if the absence from 38 the employer’s payroll is the result of a “layoff” as defined in 39 s. 110.107 or a resignation to run for an elected office that 40 meets the criteria specified in s. 121.0515(3)(a), a nobreak in 41 continuous service is not shall bedeemed to have occurred if 42 the member is reemployed as a state law enforcement officer or 43 is elected to an office which meets the criteria specified in s. 44 121.0515(3)(a) within 12 calendar months after the date of the 45 layoff or resignation, notwithstanding the fact that such period 46 of layoff or resignation is not creditable service under this 47 chapter. A withdrawal of contributions constitutes will48 constitutea break in service. Continuous service also includes 49 past service purchased under this chapter, provided such service 50 is continuous within this definition and the rules established 51 by the administrator. The administrator may establish 52 administrative rules and procedures for applying this definition 53 to creditable service authorized under this chapter. Any 54 correctional officer, as defined in s. 943.10, whose 55 participation in the state-administered retirement system is 56 terminated due to the transfer of a county detention facility 57 through a contractual agreement with a private entity pursuant 58 to s. 951.062, is shall bedeemed an employee with continuous 59 service in the Special Risk Class, provided return to employment 60 with the former employer takes place within 3 years due to 61 contract termination or the officer is employed by a covered 62 employer in a special risk position within 1 year after his or 63 her initial termination of employment by such transfer of its 64 detention facilities to the private entity. 65 Section 2. Paragraph (f) of subsection (9) of section 66 121.091, Florida Statutes, is amended to read: 67 121.091 Benefits payable under the system.—Benefits may not 68 be paid under this section unless the member has terminated 69 employment as provided in s. 121.021(39)(a) or begun 70 participation in the Deferred Retirement Option Program as 71 provided in subsection (13), and a proper application has been 72 filed in the manner prescribed by the department. The department 73 may cancel an application for retirement benefits when the 74 member or beneficiary fails to timely provide the information 75 and documents required by this chapter and the department’s 76 rules. The department shall adopt rules establishing procedures 77 for application for retirement benefits and for the cancellation 78 of such application when the required information or documents 79 are not received. 80 (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.— 81 (f) A retired law enforcement officer may be reemployed as82 a school resource officerby an employer that participates in 83 the Florida Retirement System and receive compensation from that 84 employer and retirement benefits after meeting the definition of 85 termination in s. 121.021, but may not receive both a salary 86 from the employer and retirement benefits for 30 calendar days 687 calendar monthsimmediately subsequent to the date of 88 retirement. The reemployed retired law enforcement officer may 89 not renew membership in the Florida Retirement System, except as 90 provided in s. 121.122. 91 Section 3. This act shall take effect July 1, 2021.