Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 400
       
       
       
       
       
       
                                Ì798610#Î798610                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Governmental Oversight and Accountability
       (Burgess) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (c) and (f) of subsection (9) of
    6  section 121.091, Florida Statutes, are amended, and paragraph
    7  (d) of that subsection is republished, to read:
    8         121.091 Benefits payable under the system.—Benefits may not
    9  be paid under this section unless the member has terminated
   10  employment as provided in s. 121.021(39)(a) or begun
   11  participation in the Deferred Retirement Option Program as
   12  provided in subsection (13), and a proper application has been
   13  filed in the manner prescribed by the department. The department
   14  may cancel an application for retirement benefits when the
   15  member or beneficiary fails to timely provide the information
   16  and documents required by this chapter and the department’s
   17  rules. The department shall adopt rules establishing procedures
   18  for application for retirement benefits and for the cancellation
   19  of such application when the required information or documents
   20  are not received.
   21         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
   22         (c) Any person whose retirement is effective on or after
   23  July 1, 2010, or whose participation in the Deferred Retirement
   24  Option Program terminates on or after July 1, 2010, who is
   25  retired under this chapter, except under the disability
   26  retirement provisions of subsection (4) or as provided in s.
   27  121.053, may be reemployed by an employer that participates in a
   28  state-administered retirement system and receive retirement
   29  benefits and compensation from that employer. However, a person
   30  may not be reemployed by an employer participating in the
   31  Florida Retirement System before meeting the definition of
   32  termination in s. 121.021 and may not receive both a salary from
   33  the employer and retirement benefits for 6 calendar months after
   34  meeting the definition of termination, except as provided in
   35  paragraph (f). Effective July 1, 2024, a retiree may be
   36  reemployed by an employer participating in the Florida
   37  Retirement System and receive compensation from that employer
   38  and retirement benefits after meeting the definition of
   39  termination in s. 121.021. However, a DROP participant shall
   40  continue employment and receive a salary during the period of
   41  participation in the Deferred Retirement Option Program, as
   42  provided in subsection (13).
   43         1. The reemployed retiree may not renew membership in the
   44  Florida Retirement System, except as provided in s. 121.122.
   45         2. The employer shall pay retirement contributions in an
   46  amount equal to the unfunded actuarial liability portion of the
   47  employer contribution that would be required for active members
   48  of the Florida Retirement System in addition to the
   49  contributions required by s. 121.76.
   50         3. A retiree initially reemployed in violation of this
   51  paragraph and an employer that employs or appoints such person
   52  are jointly and severally liable for reimbursement of any
   53  retirement benefits paid to the retirement trust fund from which
   54  the benefits were paid, including the Florida Retirement System
   55  Trust Fund and the Florida Retirement System Investment Plan
   56  Trust Fund, as appropriate. The employer must have a written
   57  statement from the employee that he or she is not retired from a
   58  state-administered retirement system. Retirement benefits shall
   59  remain suspended until repayment is made. Benefits suspended
   60  beyond the end of the retiree’s 6-month reemployment limitation
   61  period shall apply toward the repayment of benefits received in
   62  violation of this paragraph.
   63         (d) This subsection applies to retirees, as defined in s.
   64  121.4501(2), of the Florida Retirement System Investment Plan,
   65  subject to the following conditions:
   66         1. A retiree may not be reemployed with an employer
   67  participating in the Florida Retirement System until such person
   68  has been retired for 6 calendar months.
   69         2. A retiree employed in violation of this subsection and
   70  an employer that employs or appoints such person are jointly and
   71  severally liable for reimbursement of any benefits paid to the
   72  retirement trust fund from which the benefits were paid. The
   73  employer must have a written statement from the retiree that he
   74  or she is not retired from a state-administered retirement
   75  system.
   76         (f) A retired law enforcement officer may be reemployed as
   77  a school resource officer by an employer that participates in
   78  the Florida Retirement System and receive compensation from that
   79  employer and retirement benefits after meeting the definition of
   80  termination in s. 121.021, but may not receive both a salary
   81  from the employer and retirement benefits for 6 calendar months
   82  immediately subsequent to the date of retirement. The reemployed
   83  retired law enforcement officer may not renew membership in the
   84  Florida Retirement System, except as provided in s. 121.122.
   85         Section 2. (1) In order to fund the benefit changes
   86  provided by this act, the required employer contribution rates
   87  for the members of the Florida Retirement System established in
   88  s. 121.71(4), Florida Statutes, are increased as follows:
   89         (a) By 0.02 percentage point for the Regular Class.
   90         (b) By 0.05 percentage point for the Special Risk Class.
   91         (c) By 0.02 percentage point for the Special Risk
   92  Administrative Support Class.
   93         (d) By 0.02 percentage point for the Elected Officers’
   94  Class—Legislators, Governor, Lt. Governor, Cabinet Officers,
   95  State Attorneys, Public Defenders.
   96         (e) By 0.06 percentage point for the Elected Officers’
   97  Class—Justices, Judges.
   98         (f) By 0.03 percentage point for the Elected Officers’
   99  Class—County Elected Officers.
  100         (g) By 0.02 percentage point for the Senior Management
  101  Service Class.
  102         (h) By 0.03 percentage point for the DROP.
  103         (2) In order to fund the benefit changes provided by this
  104  act, the required employer contribution rates for the unfunded
  105  actuarial liability of the Florida Retirement System established
  106  in s. 121.71(5), Florida Statutes, are increased as follows:
  107         (a) By 0.03 percentage point for the Regular Class.
  108         (b) By 0.07 percentage point for the Special Risk Class.
  109         (c) By 0.07 percentage point for the Special Risk
  110  Administrative Support Class.
  111         (d) By 0.06 percentage point for the Elected Officers’
  112  Class—Legislators, Governor, Lt. Governor, Cabinet Officers,
  113  State Attorneys, Public Defenders.
  114         (e) By 0.10 percentage point for the Elected Officers’
  115  Class—Justices, Judges.
  116         (f) By 0.07 percentage point for the Elected Officers’
  117  Class—County Elected Officers.
  118         (g) By 0.05 percentage point for the Senior Management
  119  Service Class.
  120         (h) By 0.00 percentage point for DROP.
  121         (3) The adjustments provided in subsections (1) and (2) are
  122  in addition to any other changes to such contribution rates
  123  which may be enacted into law to take effect on July 1, 2024.
  124  The Division of Law Revision is directed to adjust accordingly
  125  the contribution rates provided in s. 121.71, Florida Statutes.
  126         Section 3. The Legislature finds that a proper and
  127  legitimate state purpose is served when employees, officers, and
  128  retirees of the state and its political subdivisions, and the
  129  dependents, survivors, and beneficiaries of such employees,
  130  officers, and retirees, are extended the basic protections
  131  afforded by governmental retirement systems. These persons must
  132  be provided benefits that are fair and adequate and that are
  133  managed, administered, and funded in an actuarially sound manner
  134  as required by s. 14, Article X of the State Constitution and
  135  part VII of chapter 112, Florida Statutes. Therefore, the
  136  Legislature determines and declares that this act fulfills an
  137  important state interest.
  138         Section 4. This act shall take effect July 1, 2024.
  139  
  140  
  141  ================= T I T L E  A M E N D M E N T ================
  142  And the title is amended as follows:
  143         Delete everything before the enacting clause
  144  and insert:
  145                        A bill to be entitled                      
  146         An act relating to reemployment of retirees in the
  147         Florida Retirement System; amending s. 121.091, F.S.;
  148         allowing a retiree to be reemployed by an employer
  149         participating in the Florida Retirement System and
  150         receive compensation from that employer and retirement
  151         benefits after meeting the definition of termination;
  152         establishing contributions rates necessary to fund a
  153         new retirement benefit; directing the Division of Law
  154         Revision to adjust accordingly the contribution rates
  155         otherwise in effect; making a legislative declaration
  156         that this act fulfills and important state interest;
  157         providing an effective date.