Florida Senate - 2009                                    SB 2208
       
       
       
       By Senator Baker
       
       
       
       
       20-01042A-09                                          20092208__
    1                        A bill to be entitled                      
    2         An act relating to disability retirement benefits;
    3         amending s. 121.091, F.S.; providing that certain
    4         members of the Special Risk Class who retired under
    5         the disability retirement provisions of the Florida
    6         Retirement System may be reemployed and continue to
    7         receive their disability retirement benefits;
    8         providing a declaration of important state interest;
    9         providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (9) of section 121.091, Florida
   14  Statutes, is amended to read:
   15         121.091 Benefits payable under the system.—Benefits may not
   16  be paid under this section unless the member has terminated
   17  employment as provided in s. 121.021(39)(a) or begun
   18  participation in the Deferred Retirement Option Program as
   19  provided in subsection (13), and a proper application has been
   20  filed in the manner prescribed by the department. The department
   21  may cancel an application for retirement benefits when the
   22  member or beneficiary fails to timely provide the information
   23  and documents required by this chapter and the department's
   24  rules. The department shall adopt rules establishing procedures
   25  for application for retirement benefits and for the cancellation
   26  of such application when the required information or documents
   27  are not received.
   28         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—Except as
   29  provided under the disability retirement provisions of
   30  subsection (4) as qualified by subparagraph (b)11. of this
   31  subsection:
   32         (a) Any person who is retired under this chapter, except
   33  under the disability retirement provisions of subsection (4),
   34  may be employed by an employer that does not participate in a
   35  state-administered retirement system and may receive
   36  compensation from that employment without limiting or
   37  restricting in any way the retirement benefits payable to that
   38  person under this chapter.
   39         (b)1. Any person who is retired under this chapter, except
   40  under the disability retirement provisions of subsection (4),
   41  may be reemployed by an employer participating in the Florida
   42  Retirement System any private or public employer after
   43  retirement and receive retirement benefits and compensation from
   44  his or her employer without any limitations, except that the a
   45  person may not receive both a salary from reemployment with any
   46  agency participating in the Florida Retirement System and
   47  retirement benefits under this chapter for a period of 12 months
   48  immediately after subsequent to the date of retirement. However,
   49  a DROP participant may shall continue employment and receive a
   50  salary during the period of participation in DROP the Deferred
   51  Retirement Option Program, as provided in subsection (13).
   52         2. Any person to whom the limitation in subparagraph 1.
   53  applies who violates such reemployment limitation and who is
   54  reemployed with any agency participating in the Florida
   55  Retirement System before completion of the 12-month limitation
   56  period must shall give timely notice of this fact in writing to
   57  the employer and to the Division of Retirement and shall have
   58  his or her retirement benefits suspended while employed during
   59  for the balance of the 12-month limitation period. Any person
   60  employed in violation of this paragraph and any employing agency
   61  that which knowingly employs or appoints such person without
   62  notifying the division of Retirement to suspend retirement
   63  benefits are shall be jointly and severally liable for
   64  reimbursement to the retirement trust fund of any benefits paid
   65  during the reemployment limitation period. To avoid liability,
   66  the such employing agency must shall have a written statement
   67  from the retiree that he or she is not retired from a state
   68  administered retirement system. Any retirement benefits received
   69  while reemployed during this reemployment limitation period must
   70  shall be repaid to the Florida Retirement System Trust Fund, and
   71  retirement benefits shall remain suspended until such repayment
   72  has been made. Benefits suspended beyond the reemployment
   73  limitation shall apply toward repayment of benefits received in
   74  violation of the reemployment limitation.
   75         3. A district school board may reemploy a retired member as
   76  a substitute or hourly teacher, education paraprofessional,
   77  transportation assistant, bus driver, or food service worker on
   78  a noncontractual basis after he or she has been retired for 1
   79  calendar month, in accordance with s. 121.021(39). A district
   80  school board may reemploy a retired member as instructional
   81  personnel, as defined in s. 1012.01(2)(a), on an annual
   82  contractual basis after he or she has been retired for 1
   83  calendar month, in accordance with s. 121.021(39). Any other
   84  retired member who is reemployed within 1 calendar month after
   85  retirement voids shall void his or her application for
   86  retirement benefits. District school boards reemploying such
   87  teachers, education paraprofessionals, transportation
   88  assistants, bus drivers, or food service workers are subject to
   89  the retirement contribution required by subparagraph 9. 7.
   90         4. A community college board of trustees may reemploy a
   91  retired member as an adjunct instructor, that is, an instructor
   92  who is noncontractual and part-time, or as a participant in a
   93  phased retirement program within the Florida Community College
   94  System, after he or she has been retired for 1 calendar month,
   95  in accordance with s. 121.021(39). Any retired member who is
   96  reemployed within 1 calendar month after retirement voids shall
   97  void his or her application for retirement benefits. Boards of
   98  trustees reemploying such instructors are subject to the
   99  retirement contribution required in subparagraph 7. A retired
  100  member may be reemployed as an adjunct instructor for no more
  101  than 780 hours during the first 12 months of retirement. Any
  102  retired member reemployed for more than 780 hours during the
  103  first 12 months of retirement must shall give timely notice in
  104  writing to the employer and to the Division of Retirement of the
  105  date he or she will exceed the limitation. The division shall
  106  suspend his or her retirement benefits for the remainder of the
  107  first 12 months of retirement. Any person employed in violation
  108  of this subparagraph and any employing agency that which
  109  knowingly employs or appoints such person without notifying the
  110  division of Retirement to suspend retirement benefits are shall
  111  be jointly and severally liable for reimbursement to the
  112  retirement trust fund of any benefits paid during the
  113  reemployment limitation period. To avoid liability, the such
  114  employing agency must shall have a written statement from the
  115  retiree that he or she is not retired from a state-administered
  116  retirement system. Any retirement benefits received by a retired
  117  member while reemployed in excess of 780 hours during the first
  118  12 months of retirement must shall be repaid to the Florida
  119  Retirement System Trust Fund, and retirement benefits shall
  120  remain suspended until repayment is made. Benefits suspended
  121  beyond the end of the retired member's first 12 months of
  122  retirement shall apply toward repayment of benefits received in
  123  violation of the 780-hour reemployment limitation.
  124         5. The State University System may reemploy a retired
  125  member as an adjunct faculty member or as a participant in a
  126  phased retirement program within the State University System
  127  after the retired member has been retired for 1 calendar month,
  128  in accordance with s. 121.021(39). A Any retired member who is
  129  reemployed within 1 calendar month after retirement voids shall
  130  void his or her application for retirement benefits. The State
  131  University System is subject to the retired contribution
  132  required in subparagraph 9. 7., as appropriate. A retired member
  133  may be reemployed as an adjunct faculty member or a participant
  134  in a phased retirement program for no more than 780 hours during
  135  the first 12 months of his or her retirement. Any retired member
  136  reemployed for more than 780 hours during the first 12 months of
  137  retirement must shall give timely notice in writing to the
  138  employer and to the Division of Retirement of the date he or she
  139  will exceed the limitation. The division shall suspend his or
  140  her retirement benefits for the remainder of the first 12 months
  141  of retirement. Any person employed in violation of this
  142  subparagraph and any employing agency that which knowingly
  143  employs or appoints such person without notifying the division
  144  of Retirement to suspend retirement benefits are shall be
  145  jointly and severally liable for reimbursement to the retirement
  146  trust fund of any benefits paid during the reemployment
  147  limitation period. To avoid liability, such employing agency
  148  must shall have a written statement from the retiree that he or
  149  she is not retired from a state-administered retirement system.
  150  Any retirement benefits received by a retired member while
  151  reemployed in excess of 780 hours during the first 12 months of
  152  retirement must shall be repaid to the Florida Retirement System
  153  Trust Fund, and retirement benefits shall remain suspended until
  154  repayment is made. Benefits suspended beyond the end of the
  155  retired member's first 12 months of retirement shall apply
  156  toward repayment of benefits received in violation of the 780
  157  hour reemployment limitation.
  158         6. The Board of Trustees of the Florida School for the Deaf
  159  and the Blind may reemploy a retired member as a substitute
  160  teacher, substitute residential instructor, or substitute nurse
  161  on a noncontractual basis after he or she has been retired for 1
  162  calendar month, in accordance with s. 121.021(39). Any retired
  163  member who is reemployed within 1 calendar month after
  164  retirement voids shall void his or her application for
  165  retirement benefits. The Board of Trustees of the Florida School
  166  for the Deaf and the Blind reemploying such teachers,
  167  residential instructors, or nurses is subject to the retirement
  168  contribution required by subparagraph 7. Reemployment of a
  169  retired member as a substitute teacher, substitute residential
  170  instructor, or substitute nurse is limited to 780 hours during
  171  the first 12 months of his or her retirement. Any retired member
  172  reemployed for more than 780 hours during the first 12 months of
  173  retirement must shall give timely notice in writing to the
  174  employer and to the Division of Retirement of the date he or she
  175  will exceed the limitation. The division shall suspend his or
  176  her retirement benefits for the remainder of the first 12 months
  177  of retirement. Any person employed in violation of this
  178  subparagraph and any employing agency that which knowingly
  179  employs or appoints such person without notifying the division
  180  of Retirement to suspend retirement benefits are shall be
  181  jointly and severally liable for reimbursement to the retirement
  182  trust fund of any benefits paid during the reemployment
  183  limitation period. To avoid liability, such employing agency
  184  must shall have a written statement from the retiree that he or
  185  she is not retired from a state-administered retirement system.
  186  Any retirement benefits received by a retired member while
  187  reemployed in excess of 780 hours during the first 12 months of
  188  retirement must shall be repaid to the Florida Retirement System
  189  Trust Fund, and his or her retirement benefits shall remain
  190  suspended until payment is made. Benefits suspended beyond the
  191  end of the retired member's first 12 months of retirement shall
  192  apply toward repayment of benefits received in violation of the
  193  780-hour reemployment limitation.
  194         7. The employment by an employer of a any retiree or DROP
  195  participant of a any state-administered retirement system does
  196  not affect shall have no effect on the average final
  197  compensation or years of creditable service of the retiree or
  198  DROP participant. Before Prior to July 1, 1991, upon employment
  199  of any person, other than an elected officer as provided in s.
  200  121.053, who is has been retired under a any state-administered
  201  retirement program, the employer shall pay retirement
  202  contributions in an amount equal to the unfunded actuarial
  203  liability portion of the employer contribution which would be
  204  required for regular members of the Florida Retirement System.
  205  Effective July 1, 1991, contributions shall be made as provided
  206  in s. 121.122 for retirees with renewed membership or subsection
  207  (13) with respect to DROP participants.
  208         8. Any person who has previously retired and who is holding
  209  an elective public office or an appointment to an elective
  210  public office eligible for the Elected Officers' Class on or
  211  after July 1, 1990, shall be enrolled in the Florida Retirement
  212  System as provided in s. 121.053(1)(b) or, if holding an
  213  elective public office that does not qualify for the Elected
  214  Officers' Class on or after July 1, 1991, shall be enrolled in
  215  the Florida Retirement System as provided in s. 121.122, and
  216  shall continue to receive retirement benefits as well as
  217  compensation for the elected officer's service for as long as he
  218  or she remains in elective office. However, any retired member
  219  who served in an elective office before prior to July 1, 1990,
  220  suspended his or her retirement benefit, and had his or her
  221  Florida Retirement System membership reinstated shall, upon
  222  retirement from such office, have his or her retirement benefit
  223  recalculated to include the additional service and compensation
  224  earned.
  225         9. Any person who is holding an elective public office
  226  which is covered by the Florida Retirement System and who is
  227  concurrently employed in nonelected covered employment may elect
  228  to retire while continuing employment in the elective public
  229  office, if provided that he or she terminates shall be required
  230  to terminate his or her nonelected covered employment. Any
  231  person who exercises this election shall receive his or her
  232  retirement benefits in addition to the compensation of the
  233  elective office without regard to the time limitations otherwise
  234  provided in this subsection. A No person who seeks to exercise
  235  the provisions of this subparagraph, as they the same existed
  236  before prior to May 3, 1984, may not shall be deemed to be
  237  retired under those provisions, unless such person is eligible
  238  to retire under the provisions of this subparagraph, as amended
  239  by chapter 84-11, Laws of Florida.
  240         10.The limitations of this paragraph apply to reemployment
  241  in any capacity with an “employer” as defined in s. 121.021(10),
  242  irrespective of the category of funds from which the person is
  243  compensated.
  244         10.11.Except as provided in subparagraph 11., an employing
  245  agency may reemploy a retired member as a firefighter or
  246  paramedic after the retired member has been retired for 1
  247  calendar month, in accordance with s. 121.021(39). Any retired
  248  member who is reemployed within 1 calendar month after
  249  retirement voids shall void his or her application for
  250  retirement benefits. The employing agency reemploying such
  251  firefighter or paramedic is subject to the retired contribution
  252  required in subparagraph 7. 8. Reemployment of a retired
  253  firefighter or paramedic is limited to no more than 780 hours
  254  during the first 12 months of his or her retirement. Any retired
  255  member reemployed for more than 780 hours during the first 12
  256  months of retirement must shall give timely notice in writing to
  257  the employer and to the Division of Retirement of the date he or
  258  she will exceed the limitation. The division shall suspend his
  259  or her retirement benefits for the remainder of the first 12
  260  months of retirement. Any person employed in violation of this
  261  subparagraph and any employing agency that which knowingly
  262  employs or appoints such person without notifying the division
  263  of Retirement to suspend retirement benefits shall be jointly
  264  and severally liable for reimbursement to the Retirement System
  265  Trust Fund of any benefits paid during the reemployment
  266  limitation period. To avoid liability, such employing agency
  267  must shall have a written statement from the retiree that he or
  268  she is not retired from a state-administered retirement system.
  269  Any retirement benefits received by a retired member while
  270  reemployed in excess of 780 hours during the first 12 months of
  271  retirement must shall be repaid to the Florida Retirement System
  272  Trust Fund, and retirement benefits shall remain suspended until
  273  repayment is made. Benefits suspended beyond the end of the
  274  retired member's first 12 months of retirement shall apply
  275  toward repayment of benefits received in violation of the 780
  276  hour reemployment limitation.
  277         11.An employing agency may reemploy a law enforcement
  278  officer, firefighter, correctional officer, emergency medical
  279  technician, paramedic, or community-based correctional probation
  280  officer who has been retired for 1 calendar month in accordance
  281  with s. 121.021(39) under the disability retirement provisions
  282  of subparagraph (4) and such employee may receive compensation
  283  from that employment without limiting or restricting in any way
  284  the retirement benefits payable to that person under this
  285  chapter. Such retired member may not be reemployed in the
  286  position he or she held at the time of the disabling illness or
  287  injury or in a position in the Special Risk Class. Any retired
  288  member who is reemployed within 1 calendar month after
  289  retirement voids his or her application for retirement benefits.
  290  The employing agency reemploying such member is subject to the
  291  retirement contribution required in subparagraph 7.
  292         12.The limitations of this paragraph apply to reemployment
  293  in any capacity with an employer, as defined in s. 121.021,
  294  irrespective of the category of funds from which the person is
  295  compensated.
  296         (c) The provisions of this subsection apply to retirees, as
  297  defined in s. 121.4501(2)(j), of the Public Employee Optional
  298  Retirement Program created in part II, subject to the following
  299  conditions:
  300         1. Such retirees may not be reemployed with an employer
  301  participating in the Florida Retirement System as provided in
  302  paragraph (b) until such person has been retired for 3 calendar
  303  months, unless the participant has reached the normal retirement
  304  requirements of the defined benefit plan as provided in s.
  305  121.021(29).
  306         2. Such retiree employed in violation of this subsection
  307  and any employing agency that knowingly employs or appoints such
  308  person is shall be jointly and severally liable for
  309  reimbursement of any benefits paid to the retirement trust fund
  310  from which the benefits were paid, including the Florida
  311  Retirement System Trust Fund and the Public Employee Optional
  312  Retirement Program Trust Fund, as appropriate. To avoid
  313  liability, the such employing agency must have a written
  314  statement from the retiree that he or she is not retired from a
  315  state-administered retirement system.
  316         Section 2. The Legislature finds that a proper state
  317  purpose is served when firefighters, emergency medical
  318  technicians, paramedics, law enforcement officers, correctional
  319  officers, and correctional probation officers who are employees
  320  and retirees of the state and its political subdivisions, and
  321  the dependents, survivors, and beneficiaries of such employees
  322  and retirees, participate in a uniform retirement system. These
  323  persons must be provided benefits that are fair and adequate and
  324  that are funded in an actuarially sound manner as required by s.
  325  14, Article X of the State Constitution and part VII of chapter
  326  112, Florida Statutes. Therefore, the Legislature determines and
  327  declares that this act fulfills an important state interest.
  328         Section 3. This act shall take effect July 1, 2009.