Senate Bill sb1582

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    Florida Senate - 2001                                  SB 1582

    By Senator Burt





    16-557-01

  1                      A bill to be entitled

  2         An act relating to retirement; amending s.

  3         121.091, F.S.; increasing the time for

  4         participation in the Deferred Retirement Option

  5         Program for members of the elected officers

  6         class of the Florida Retirement System;

  7         providing a finding of important state

  8         interest; providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Paragraph (b) of subsection (13) of section

13  121.091, Florida Statutes, is amended to read:

14         121.091  Benefits payable under the system.--Benefits

15  may not be paid under this section unless the member has

16  terminated employment as provided in s. 121.021(39)(a) or

17  begun participation in the Deferred Retirement Option Program

18  as provided in subsection (13), and a proper application has

19  been filed in the manner prescribed by the department. The

20  department may cancel an application for retirement benefits

21  when the member or beneficiary fails to timely provide the

22  information and documents required by this chapter and the

23  department's rules. The department shall adopt rules

24  establishing procedures for application for retirement

25  benefits and for the cancellation of such application when the

26  required information or documents are not received.

27         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,

28  and subject to the provisions of this section, the Deferred

29  Retirement Option Program, hereinafter referred to as the

30  DROP, is a program under which an eligible member of the

31  Florida  Retirement System may elect to participate, deferring

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    Florida Senate - 2001                                  SB 1582
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  1  receipt of retirement benefits while continuing employment

  2  with his or her Florida Retirement System employer.  The

  3  deferred monthly benefits shall accrue in the System Trust

  4  Fund on behalf of the participant, plus interest compounded

  5  monthly, for the specified period of the DROP participation,

  6  as provided in paragraph (c).  Upon termination of employment,

  7  the participant shall receive the total DROP benefits and

  8  begin to receive the previously determined normal retirement

  9  benefits. Participation in the DROP does not guarantee

10  employment for the specified period of DROP.

11         (b)  Participation in the DROP.--

12         1.  An eligible member may elect to participate in the

13  DROP for a period not to exceed a maximum of 60 calendar

14  months immediately following the date on which the member

15  first reaches his or her normal retirement date or the date to

16  which he or she is eligible to defer his or her election to

17  participate as provided in subparagraph (a)2. However, a

18  member who has reached normal retirement date prior to the

19  effective date of the DROP shall be eligible to participate in

20  the DROP for a period of time not to exceed 60 calendar months

21  immediately following the effective date of the DROP, except a

22  member of the Special Risk Class who has reached normal

23  retirement date prior to the effective date of the DROP and

24  whose total accrued value exceeds 75 percent of average final

25  compensation as of his or her effective date of retirement

26  shall be eligible to participate in the DROP for no more than

27  36 calendar months immediately following the effective date of

28  the DROP.

29         2.  Upon deciding to participate in the DROP, the

30  member shall submit, on forms required by the division:

31         a.  A written election to participate in the DROP;

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    Florida Senate - 2001                                  SB 1582
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  1         b.  Selection of the DROP participation and termination

  2  dates, which satisfy the limitations stated in paragraph (a)

  3  and subparagraph 1. Such termination date shall be in a

  4  binding letter of resignation with the employer, establishing

  5  a deferred termination date. The member may change the

  6  termination date within the limitations of subparagraph 1.,

  7  but only with the written approval of his or her employer;

  8         c.  A properly completed DROP application for service

  9  retirement as provided in this section; and

10         d.  Any other information required by the division.

11         3.  The DROP participant shall be a retiree under the

12  Florida Retirement System for all purposes, except for

13  paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363,

14  121.053, and 121.122. However, participation in the DROP does

15  not alter the participant's employment status and such

16  employee shall not be deemed retired from employment until his

17  or her deferred resignation is effective and termination

18  occurs as provided in s. 121.021(39).

19         4.  Elected officers shall be eligible to participate

20  in the DROP subject to the following:

21         a.  An elected officer who reaches normal retirement

22  date during a term of office may defer the election to

23  participate in the DROP until the next succeeding term in that

24  office. Such elected officer who exercises this option may

25  participate in the DROP for up to 60 calendar months or a

26  period of no longer than such succeeding term of office,

27  whichever is greater less.

28         b.  An elected or a nonelected participant may run for

29  a term of office while participating in DROP and, if elected,

30  extend the DROP termination date accordingly, except, however,

31  if such additional term of office exceeds the 60-month

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    Florida Senate - 2001                                  SB 1582
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  1  limitation established in subparagraph 1., and the officer

  2  does not resign from office within such 60-month limitation,

  3  the retirement and the participant's DROP shall be subject to

  4  the provisions of null and void as provided in

  5  sub-subparagraph a. (c)5.d.

  6         c.  An elected officer who is dually employed and

  7  elects to participate in DROP shall be required to satisfy the

  8  definition of termination within the 60-month limitation

  9  period as provided in subparagraph 1. for the nonelected

10  position and may continue employment as an elected officer as

11  provided in s. 121.053. The elected officer will be enrolled

12  as a renewed member in the Elected Officers' Class or the

13  Regular Class, as provided in ss. 121.053 and 121.22, on the

14  first day of the month after termination of employment in the

15  nonelected position and termination of DROP. Distribution of

16  the DROP benefits shall be made as provided in paragraph (c).

17         Section 2.  The Legislature finds that a proper and

18  legitimate state purpose is served when employees and retirees

19  of the state and of its political subdivisions, and the

20  dependents, survivors, and beneficiaries of such employees and

21  retirees, are extended the basic protections afforded by

22  governmental retirement systems that provide fair and adequate

23  benefits that are managed, administered, and funded in an

24  actuarially sound manner, as required by section 14 of Article

25  X of the State Constitution and part VII of chapter 112,

26  Florida Statutes. Therefore, the Legislature determines and

27  declares that this act fulfills an important state interest.

28         Section 3.  This act shall take effect July 1, 2001.

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    Florida Senate - 2001                                  SB 1582
    16-557-01




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  2                          SENATE SUMMARY

  3    Increases the period an elected officer may participate
      in the Deferred Retirement Option Program when he or she
  4    defers participation until the next succeeding term in
      that office.
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