Florida Senate - 2024                                     SB 400
       By Senator Burgess
       23-00372A-24                                           2024400__
    1                        A bill to be entitled                      
    2         An act relating to reemployment of retired law
    3         enforcement officers; amending s. 121.091, F.S.;
    4         authorizing retired law enforcement officers to be
    5         reemployed in specified positions after meeting
    6         specified termination requirements; authorizing such
    7         retired law enforcement officers to receive both
    8         compensation and retirement benefits after a specified
    9         period; providing that such retired law enforcement
   10         officers may not renew membership in the Florida
   11         Retirement System, except as otherwise provided;
   12         amending s. 122.16, F.S.; revising the timeframe
   13         during which a former employee is prohibited from
   14         receiving both a reemployment salary and retirement
   15         benefits; conforming provisions to changes made by the
   16         act; providing an effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Paragraph (f) of subsection (9) of section
   21  121.091, Florida Statutes, is amended to read:
   22         121.091 Benefits payable under the system.—Benefits may not
   23  be paid under this section unless the member has terminated
   24  employment as provided in s. 121.021(39)(a) or begun
   25  participation in the Deferred Retirement Option Program as
   26  provided in subsection (13), and a proper application has been
   27  filed in the manner prescribed by the department. The department
   28  may cancel an application for retirement benefits when the
   29  member or beneficiary fails to timely provide the information
   30  and documents required by this chapter and the department’s
   31  rules. The department shall adopt rules establishing procedures
   32  for application for retirement benefits and for the cancellation
   33  of such application when the required information or documents
   34  are not received.
   36         (f) A retired law enforcement officer may be reemployed in
   37  a position that qualifies for the Special Risk Class as a school
   38  resource officer by an employer that participates in the Florida
   39  Retirement System and receive compensation from that employer
   40  and retirement benefits after meeting the definition of
   41  termination in s. 121.021, but may not receive both a salary
   42  from the employer and retirement benefits for 6 calendar months
   43  immediately subsequent to the date of retirement. The reemployed
   44  retired law enforcement officer may not renew membership in the
   45  Florida Retirement System, except as provided in s. 121.122.
   46         Section 2. Paragraphs (a) and (b) of subsection (2) of
   47  section 122.16, Florida Statutes, are amended to read:
   48         122.16 Employment after retirement.—
   49         (2)(a) Any person retired under this chapter, except under
   50  the disability retirement provisions of ss. 122.09 and 122.34,
   51  may be reemployed by any private or public employer in a
   52  position that qualifies for the Special Risk Class after
   53  retirement and receive retirement benefits and compensation from
   54  his or her employer without limitation, except that a no person
   55  may not receive both a salary from reemployment with any agency
   56  participating in the Florida Retirement System and retirement
   57  benefits under this chapter for a period of 6 12 months
   58  immediately subsequent to the date of retirement.
   59         (b) Any person to whom the limitation in paragraph (a)
   60  applies who violates such reemployment limitation and is
   61  reemployed with any agency participating in the Florida
   62  Retirement System before prior to completion of the 6-month 12
   63  month limitation period shall give timely notice of this fact in
   64  writing to his or her employer and to the department; and his or
   65  her retirement benefits must shall be suspended for the balance
   66  of the 6-month 12-month limitation period. Any person employed
   67  in violation of this subsection and any employing agency which
   68  knowingly employs or appoints such person without notifying the
   69  department to suspend retirement benefits shall be jointly and
   70  severally liable for reimbursement to the retirement trust fund
   71  of any benefits paid during the reemployment limitation period.
   72  To avoid liability, such employing agency shall have a written
   73  statement from the retiree that he or she is not retired from a
   74  state-administered retirement system. Any retirement benefits
   75  received by such person while he or she is reemployed during
   76  this reemployment limitation period must shall be repaid to the
   77  retirement trust fund, and his or her retirement benefits must
   78  shall remain suspended until such repayment has been made. Any
   79  benefits suspended beyond the reemployment limitation period
   80  shall apply toward the repayment of benefits received in
   81  violation of the reemployment limitation.
   82         Section 3. This act shall take effect July 1, 2024.