Florida Senate - 2022                                     SB 720
       By Senator Ausley
       3-00832-22                                             2022720__
    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.
   11  Be It Enacted by the Legislature of the State of Florida:
   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 be considered 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 of such resignation by an employer
   34  under such state-administered retirement system is shall be
   35  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 no break in
   41  continuous service is not shall be deemed 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 will
   48  constitute a 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 be deemed 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.
   81         (f) A retired law enforcement officer may be reemployed as
   82  a school resource officer by 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 6
   87  calendar months immediately 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, 2022.