HOUSE AMENDMENT
Bill No. CS/HB 347
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Cantens offered the following:
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13 Amendment to Amendment (143317) (with title amendment)
14 On page 1, between lines 16 and 17,
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16 insert:
17 Section 1. Paragraph (b) of subsection (39) of section
18 121.021, Florida Statutes, is amended to read:
19 121.021 Definitions.--The following words and phrases
20 as used in this chapter have the respective meanings set forth
21 unless a different meaning is plainly required by the context:
22 (39)
23 (b)1. Except as provided in subparagraph 2.,
24 "Termination" for a member electing to participate under the
25 Deferred Retirement Option Program occurs when the Deferred
26 Retirement Option Program participant ceases all employment
27 relationships with employers under this system in accordance
28 with s. 121.091(13), but in the event the Deferred Retirement
29 Option Program participant should be employed by any such
30 employer within the next calendar month, termination will be
31 deemed not to have occurred, except as provided in s.
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HOUSE AMENDMENT
Bill No. CS/HB 347
Amendment No. ___ (for drafter's use only)
1 121.091(13)(b)4.c. A leave of absence shall constitute a
2 continuation of the employment relationship.
3 2. With respect to any elected officer, as defined in
4 s. 121.052(2), who is serving a term of elective office while
5 participating in the Deferred Retirement Option Program
6 (DROP), if the term of such elected office extends beyond the
7 DROP termination date as selected under s. 121.091(13)(b)2.,
8 "termination" occurs when the DROP participant receives
9 distribution of his or her DROP accumulations as provided
10 under s. 121.091(13)(c)5., but no later than the DROP
11 termination date established under s. 121.091(13)(b)2. No
12 monthly benefit shall be payable for the calendar month
13 following termination.
14 Section 2. Paragraph (b) of subsection (9) and
15 paragraph (c) of subsection (13) of section 121.091, Florida
16 Statutes, are amended to read:
17 121.091 Benefits payable under the system.--Benefits
18 may not be paid under this section unless the member has
19 terminated employment as provided in s. 121.021(39)(a) or
20 begun participation in the Deferred Retirement Option Program
21 as provided in subsection (13), and a proper application has
22 been filed in the manner prescribed by the department. The
23 department may cancel an application for retirement benefits
24 when the member or beneficiary fails to timely provide the
25 information and documents required by this chapter and the
26 department's rules. The department shall adopt rules
27 establishing procedures for application for retirement
28 benefits and for the cancellation of such application when the
29 required information or documents are not received.
30 (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
31 (b)1. Any person who is retired under this chapter,
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HOUSE AMENDMENT
Bill No. CS/HB 347
Amendment No. ___ (for drafter's use only)
1 except under the disability retirement provisions of
2 subsection (4), may be reemployed by any private or public
3 employer after retirement and receive retirement benefits and
4 compensation from his or her employer without any limitations,
5 except that a person may not receive both a salary from
6 reemployment with any agency participating in the Florida
7 Retirement System and retirement benefits under this chapter
8 for a period of 12 months immediately subsequent to the date
9 of retirement. However, a DROP participant shall continue
10 employment and receive a salary during the period of
11 participation in the Deferred Retirement Option Program, as
12 provided in subsection (13).
13 2. Any person to whom the limitation in subparagraph
14 1. applies who violates such reemployment limitation and who
15 is reemployed with any agency participating in the Florida
16 Retirement System before completion of the 12-month limitation
17 period shall give timely notice of this fact in writing to the
18 employer and to the division and shall have his or her
19 retirement benefits suspended for the balance of the 12-month
20 limitation period. Any person employed in violation of this
21 paragraph and any employing agency which knowingly employs or
22 appoints such person without notifying the Division of
23 Retirement to suspend retirement benefits shall be jointly and
24 severally liable for reimbursement to the retirement trust
25 fund of any benefits paid during the reemployment limitation
26 period. To avoid liability, such employing agency shall have
27 a written statement from the retiree that he or she is not
28 retired from a state-administered retirement system. Any
29 retirement benefits received while reemployed during this
30 reemployment limitation period shall be repaid to the
31 retirement trust fund, and retirement benefits shall remain
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HOUSE AMENDMENT
Bill No. CS/HB 347
Amendment No. ___ (for drafter's use only)
1 suspended until such repayment has been made. Benefits
2 suspended beyond the reemployment limitation shall apply
3 toward repayment of benefits received in violation of the
4 reemployment limitation.
5 3. A district school board may reemploy a retired
6 member as a substitute or hourly teacher, education
7 paraprofessional, transportation assistant, bus driver, or
8 food service worker on a noncontractual basis after he or she
9 has been retired for 1 calendar month, in accordance with s.
10 121.021(39). Any retired member who is reemployed within 1
11 calendar month after retirement shall void his or her
12 application for retirement benefits. District school boards
13 reemploying such teachers, education paraprofessionals,
14 transportation assistants, bus drivers, or food service
15 workers are subject to the retirement contribution required by
16 subparagraph 7. Reemployment of a retired member as a
17 substitute or hourly teacher, education paraprofessional,
18 transportation assistant, bus driver, or food service worker
19 is limited to 780 hours during the first 12 months of his or
20 her retirement. Any retired member reemployed for more than
21 780 hours during his or her first 12 months of retirement
22 shall give timely notice in writing to the employer and to the
23 division of the date he or she will exceed the limitation.
24 The division shall suspend his or her retirement benefits for
25 the remainder of the first 12 months of retirement. Any
26 person employed in violation of this subparagraph and any
27 employing agency which knowingly employs or appoints such
28 person without notifying the Division of Retirement to suspend
29 retirement benefits shall be jointly and severally liable for
30 reimbursement to the retirement trust fund of any benefits
31 paid during the reemployment limitation period. To avoid
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HOUSE AMENDMENT
Bill No. CS/HB 347
Amendment No. ___ (for drafter's use only)
1 liability, such employing agency shall have a written
2 statement from the retiree that he or she is not retired from
3 a state-administered retirement system. Any retirement
4 benefits received by a retired member while reemployed in
5 excess of 780 hours during the first 12 months of retirement
6 shall be repaid to the Retirement System Trust Fund, and his
7 or her retirement benefits shall remain suspended until
8 repayment is made. Benefits suspended beyond the end of the
9 retired member's first 12 months of retirement shall apply
10 toward repayment of benefits received in violation of the
11 780-hour reemployment limitation.
12 4. A community college board of trustees may reemploy
13 a retired member as an adjunct instructor, that is, an
14 instructor who is noncontractual and part-time, or as a
15 participant in a phased retirement program within the Florida
16 Community College System, after he or she has been retired for
17 1 calendar month, in accordance with s. 121.021(39). Any
18 retired member who is reemployed within 1 calendar month after
19 retirement shall void his or her application for retirement
20 benefits. Boards of trustees reemploying such instructors are
21 subject to the retirement contribution required in
22 subparagraph 7. A retired member may be reemployed as an
23 adjunct instructor for no more than 780 hours during the first
24 12 months of retirement. Any retired member reemployed for
25 more than 780 hours during the first 12 months of retirement
26 shall give timely notice in writing to the employer and to the
27 division of the date he or she will exceed the limitation.
28 The division shall suspend his or her retirement benefits for
29 the remainder of the first 12 months of retirement. Any
30 person employed in violation of this subparagraph and any
31 employing agency which knowingly employs or appoints such
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HOUSE AMENDMENT
Bill No. CS/HB 347
Amendment No. ___ (for drafter's use only)
1 person without notifying the Division of Retirement to suspend
2 retirement benefits shall be jointly and severally liable for
3 reimbursement to the retirement trust fund of any benefits
4 paid during the reemployment limitation period. To avoid
5 liability, such employing agency shall have a written
6 statement from the retiree that he or she is not retired from
7 a state-administered retirement system. Any retirement
8 benefits received by a retired member while reemployed in
9 excess of 780 hours during the first 12 months of retirement
10 shall be repaid to the Retirement System Trust Fund, and
11 retirement benefits shall remain suspended until repayment is
12 made. Benefits suspended beyond the end of the retired
13 member's first 12 months of retirement shall apply toward
14 repayment of benefits received in violation of the 780-hour
15 reemployment limitation.
16 5. The State University System may reemploy a retired
17 member as an adjunct faculty member or as a participant in a
18 phased retirement program within the State University System
19 after the retired member has been retired for 1 calendar
20 month, in accordance with s. 121.021(39). Any retired member
21 who is reemployed within 1 calendar month after retirement
22 shall void his or her application for retirement benefits.
23 The State University System is subject to the retired
24 contribution required in subparagraph 7., as appropriate. A
25 retired member may be reemployed as an adjunct faculty member
26 or a participant in a phased retirement program for no more
27 than 780 hours during the first 12 months of his or her
28 retirement. Any retired member reemployed for more than 780
29 hours during the first 12 months of retirement shall give
30 timely notice in writing to the employer and to the division
31 of the date he or she will exceed the limitation. The
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HOUSE AMENDMENT
Bill No. CS/HB 347
Amendment No. ___ (for drafter's use only)
1 division shall suspend his or her retirement benefits for the
2 remainder of the first 12 months of retirement. Any person
3 employed in violation of this subparagraph and any employing
4 agency which knowingly employs or appoints such person without
5 notifying the Division of Retirement to suspend retirement
6 benefits shall be jointly and severally liable for
7 reimbursement to the retirement trust fund of any benefits
8 paid during the reemployment limitation period. To avoid
9 liability, such employing agency shall have a written
10 statement from the retiree that he or she is not retired from
11 a state-administered retirement system. Any retirement
12 benefits received by a retired member while reemployed in
13 excess of 780 hours during the first 12 months of retirement
14 shall be repaid to the Retirement System Trust Fund, and
15 retirement benefits shall remain suspended until repayment is
16 made. Benefits suspended beyond the end of the retired
17 member's first 12 months of retirement shall apply toward
18 repayment of benefits received in violation of the 780-hour
19 reemployment limitation.
20 6. The Board of Trustees of the Florida School for the
21 Deaf and the Blind may reemploy a retired member as a
22 substitute teacher, substitute residential instructor, or
23 substitute nurse on a noncontractual basis after he or she has
24 been retired for 1 calendar month, in accordance with s.
25 121.021(39). Any retired member who is reemployed within 1
26 calendar month after retirement shall void his or her
27 application for retirement benefits. The Board of Trustees of
28 the Florida School for the Deaf and the Blind reemploying such
29 teachers, residential instructors, or nurses is subject to the
30 retirement contribution required by subparagraph 7.
31 Reemployment of a retired member as a substitute teacher,
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HOUSE AMENDMENT
Bill No. CS/HB 347
Amendment No. ___ (for drafter's use only)
1 substitute residential instructor, or substitute nurse is
2 limited to 780 hours during the first 12 months of his or her
3 retirement. Any retired member reemployed for more than 780
4 hours during the first 12 months of retirement shall give
5 timely notice in writing to the employer and to the division
6 of the date he or she will exceed the limitation. The division
7 shall suspend his or her retirement benefits for the remainder
8 of the first 12 months of retirement. Any person employed in
9 violation of this subparagraph and any employing agency which
10 knowingly employs or appoints such person without notifying
11 the Division of Retirement to suspend retirement benefits
12 shall be jointly and severally liable for reimbursement to the
13 retirement trust fund of any benefits paid during the
14 reemployment limitation period. To avoid liability, such
15 employing agency shall have a written statement from the
16 retiree that he or she is not retired from a
17 state-administered retirement system. Any retirement benefits
18 received by a retired member while reemployed in excess of 780
19 hours during the first 12 months of retirement shall be repaid
20 to the Retirement System Trust Fund, and his or her retirement
21 benefits shall remain suspended until payment is made.
22 Benefits suspended beyond the end of the retired member's
23 first 12 months of retirement shall apply toward repayment of
24 benefits received in violation of the 780-hour reemployment
25 limitation.
26 7. The employment by an employer of any retiree or
27 DROP participant of any state-administered retirement system
28 shall have no effect on the average final compensation or
29 years of creditable service of the retiree or DROP
30 participant. Prior to July 1, 1991, upon employment of any
31 person, other than an elected officer as provided in s.
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HOUSE AMENDMENT
Bill No. CS/HB 347
Amendment No. ___ (for drafter's use only)
1 121.053, who has been retired under any state-administered
2 retirement program, the employer shall pay retirement
3 contributions in an amount equal to the unfunded actuarial
4 liability portion of the employer contribution which would be
5 required for regular members of the Florida Retirement System.
6 Effective July 1, 1991, contributions shall be made as
7 provided in s. 121.122 for retirees with renewed membership or
8 subsection (13) with respect to DROP participants.
9 8.a. Any person who has previously retired and who is
10 holding an elective public office or an appointment to an
11 elective public office eligible for the Elected Officers'
12 Class on or after July 1, 1990, shall be enrolled in the
13 Florida Retirement System as provided in s. 121.053(1)(b) or,
14 if holding an elective public office that does not qualify for
15 the Elected Officers' Class on or after July 1, 1991, shall be
16 enrolled in the Florida Retirement System as provided in s.
17 121.122, and shall continue to receive retirement benefits as
18 well as compensation for the elected officer's service for as
19 long as he or she remains in elective office. However, any
20 retired member who served in an elective office prior to July
21 1, 1990, suspended his or her retirement benefit, and had his
22 or her Florida Retirement System membership reinstated shall,
23 upon retirement from such office, have his or her retirement
24 benefit recalculated to include the additional service and
25 compensation earned.
26 b. Any participant in the Deferred Retirement Option
27 Program (DROP) who is holding an elective public office or an
28 appointment to an elective public office eligible for the
29 Elected Officers' Class on his or her DROP termination date
30 shall be enrolled in the Florida Retirement system as provided
31 in s. 121.053(1)(b) or, if holding an elective public office
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HOUSE AMENDMENT
Bill No. CS/HB 347
Amendment No. ___ (for drafter's use only)
1 that does not qualify for the Elected Officers' Class on or
2 after said date, shall be enrolled in the Florida Retirement
3 System as provided in s. 121.122, and shall receive retirement
4 benefits as provided in s. 121.021(39)(b)2., as well as
5 compensation for the elected officer's service, for as long as
6 he or she remains in elective office.
7 9. Any person who is holding an elective public office
8 which is covered by the Florida Retirement System and who is
9 concurrently employed in nonelected covered employment may
10 elect to retire while continuing employment in the elective
11 public office, provided that he or she shall be required to
12 terminate his or her nonelected covered employment. Any
13 person who exercises this election shall receive his or her
14 retirement benefits in addition to the compensation of the
15 elective office without regard to the time limitations
16 otherwise provided in this subsection. No person who seeks to
17 exercise the provisions of this subparagraph, as the same
18 existed prior to May 3, 1984, shall be deemed to be retired
19 under those provisions, unless such person is eligible to
20 retire under the provisions of this subparagraph, as amended
21 by chapter 84-11, Laws of Florida.
22 10. The limitations of this paragraph apply to
23 reemployment in any capacity with an "employer" as defined in
24 s. 121.021(10), irrespective of the category of funds from
25 which the person is compensated.
26 11. From July 1, 1997, through December 31, 1998,
27 notwithstanding the limitations of this subsection, except
28 that any retiree who is reemployed within 1 calendar month
29 after retirement shall void his or her application for
30 retirement benefits, any retiree of the Florida Retirement
31 System may be reemployed by a covered employer during the 2nd
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HOUSE AMENDMENT
Bill No. CS/HB 347
Amendment No. ___ (for drafter's use only)
1 through 12th months of the reemployment limitation period
2 without suspending his or her retirement benefits, provided
3 that the reemployment is for the sole purpose of working on
4 the technical aspects of correcting or replacing the computer
5 systems and programs necessary to resolve the year 2000 date
6 problem for computing which confronts all public employers
7 covered by the Florida Retirement System.
8 (13) DEFERRED RETIREMENT OPTION PROGRAM.--In general,
9 and subject to the provisions of this section, the Deferred
10 Retirement Option Program, hereinafter referred to as the
11 DROP, is a program under which an eligible member of the
12 Florida Retirement System may elect to participate, deferring
13 receipt of retirement benefits while continuing employment
14 with his or her Florida Retirement System employer. The
15 deferred monthly benefits shall accrue in the System Trust
16 Fund on behalf of the participant, plus interest compounded
17 monthly, for the specified period of the DROP participation,
18 as provided in paragraph (c). Upon termination of employment,
19 the participant shall receive the total DROP benefits and
20 begin to receive the previously determined normal retirement
21 benefits. Participation in the DROP does not guarantee
22 employment for the specified period of DROP.
23 (c) Benefits payable under the DROP.--
24 1. Effective with the date of DROP participation, the
25 member's initial normal monthly benefit, including creditable
26 service, optional form of payment, and average final
27 compensation, and the effective date of retirement shall be
28 fixed. The beneficiary established under the Florida
29 Retirement System shall be the beneficiary eligible to receive
30 any DROP benefits payable if the DROP participant dies prior
31 to the completion of the period of DROP participation. In the
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HOUSE AMENDMENT
Bill No. CS/HB 347
Amendment No. ___ (for drafter's use only)
1 event a joint annuitant predeceases the member, the member may
2 name a beneficiary to receive accumulated DROP benefits
3 payable. Such retirement benefit, the annual cost of living
4 adjustments provided in s. 121.101, and interest shall accrue
5 monthly in the System Trust Fund. Such interest shall accrue
6 at an effective annual rate of 6.5 percent compounded monthly,
7 on the prior month's accumulated ending balance, up to the
8 month of termination or death.
9 2. Each employee who elects to participate in the DROP
10 shall be allowed to elect to receive a lump-sum payment for
11 accrued annual leave earned in accordance with agency policy
12 upon beginning participation in the DROP. Such accumulated
13 leave payment certified to the division upon commencement of
14 DROP shall be included in the calculation of the member's
15 average final compensation. The employee electing such
16 lump-sum payment upon beginning participation in DROP will not
17 be eligible to receive a second lump-sum payment upon
18 termination, except to the extent the employee has earned
19 additional annual leave which combined with the original
20 payment does not exceed the maximum lump-sum payment allowed
21 by the employing agency's policy or rules. Such early
22 lump-sum payment shall be based on the hourly wage of the
23 employee at the time he or she begins participation in the
24 DROP. If the member elects to wait and receive such lump-sum
25 payment upon termination of DROP and termination of employment
26 with the employer, any accumulated leave payment made at that
27 time cannot be included in the member's retirement benefit,
28 which was determined and fixed by law when the employee
29 elected to participate in the DROP.
30 3. The effective date of DROP participation and the
31 effective date of retirement of a DROP participant shall be
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HOUSE AMENDMENT
Bill No. CS/HB 347
Amendment No. ___ (for drafter's use only)
1 the first day of the month selected by the member to begin
2 participation in the DROP, provided such date is properly
3 established, with the written confirmation of the employer,
4 and the approval of the division, on forms required by the
5 division.
6 4. Normal retirement benefits and interest thereon
7 shall continue to accrue in the DROP until the established
8 termination date of the DROP, or until the participant
9 terminates employment or dies prior to such date. Although
10 individual DROP accounts shall not be established, a separate
11 accounting of each participant's accrued benefits under the
12 DROP shall be calculated and provided to participants.
13 5. At the conclusion of the participant's DROP, the
14 division shall distribute the participant's total accumulated
15 DROP benefits, subject to the following provisions:
16 a. The division shall receive verification by the
17 participant's employer or employers that such participant has
18 terminated employment as provided in s. 121.021(39)(b).
19 However, an elected officer participating in DROP whose term
20 of office will not have ended upon the conclusion of his or
21 her DROP period may, on a form provided by the Division of
22 Retirement, elect to complete the term of office to which he
23 or she was elected or appointed and receive distribution of
24 his or her total accumulated DROP benefits, subject to the
25 provisions of s. 121.021(39)(b)2. Any such elected officer
26 shall be considered to be a terminated DROP participant for
27 purposes of this subparagraph.
28 b. The terminated DROP participant or, if deceased,
29 such participant's named beneficiary, shall elect on forms
30 provided by the division to receive payment of the DROP
31 benefits in accordance with one of the options listed below.
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HOUSE AMENDMENT
Bill No. CS/HB 347
Amendment No. ___ (for drafter's use only)
1 For a participant or beneficiary who fails to elect a method
2 of payment within 60 days of termination of the DROP, the
3 division will pay a lump sum as provided in
4 sub-sub-subparagraph (I).
5 (I) Lump sum.--All accrued DROP benefits, plus
6 interest, less withholding taxes remitted to the Internal
7 Revenue Service, shall be paid to the DROP participant or
8 surviving beneficiary.
9 (II) Direct rollover.--All accrued DROP benefits, plus
10 interest, shall be paid from the DROP directly to the
11 custodian of an eligible retirement plan as defined in s.
12 402(c)(8)(B) of the Internal Revenue Code. However, in the
13 case of an eligible rollover distribution to the surviving
14 spouse of a deceased participant, an eligible retirement plan
15 is an individual retirement account or an individual
16 retirement annuity as described in s. 402(c)(9) of the
17 Internal Revenue Code.
18 (III) Partial lump sum.--A portion of the accrued DROP
19 benefits shall be paid to the DROP participant or surviving
20 spouse, less withholding taxes remitted to the Internal
21 Revenue Service, and the remaining DROP benefits shall be
22 transferred directly to the custodian of an eligible
23 retirement plan as defined in s. 402(c)(8)(B) of the Internal
24 Revenue Code. However, in the case of an eligible rollover
25 distribution to the surviving spouse of a deceased
26 participant, an eligible retirement plan is an individual
27 retirement account or an individual retirement annuity as
28 described in s. 402(c)(9) of the Internal Revenue Code. The
29 proportions shall be specified by the DROP participant or
30 surviving beneficiary.
31 c. The form of payment selected by the DROP
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1 participant or surviving beneficiary complies with the minimum
2 distribution requirements of the Internal Revenue Code.
3 d. A DROP participant who fails to terminate
4 employment as defined in s. 121.021(39)(b) shall be deemed not
5 to be retired, and the DROP election shall be null and void.
6 Florida Retirement System membership shall be reestablished
7 retroactively to the date of the commencement of the DROP, and
8 each employer with whom the participant continues employment
9 shall be required to pay to the System Trust Fund the
10 difference between the DROP contributions paid in paragraph
11 (i) and the contributions required for the applicable Florida
12 Retirement System class of membership during the period the
13 member participated in the DROP, plus 6.5 percent interest
14 compounded annually.
15 6. The accrued benefits of any DROP participant, and
16 any contributions accumulated under such program, shall not be
17 subject to assignment, execution, attachment, or to any legal
18 process whatsoever, except for qualified domestic relations
19 orders by a court of competent jurisdiction, income deduction
20 orders as provided in s. 61.1301, and federal income tax
21 levies.
22 7. DROP participants shall not be eligible for
23 disability retirement benefits as provided in subsection (4).
24
25
26 ================ T I T L E A M E N D M E N T ===============
27 And the title is amended as follows:
28 On page 9, line 8, of the amendment
29 remove:
30
31 after "Program;" insert:
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HOUSE AMENDMENT
Bill No. CS/HB 347
Amendment No. ___ (for drafter's use only)
1 amending s. 121.021, F.S.; modifying the
2 definition of "termination" for certain elected
3 officer participants in the Deferred Retirement
4 Option Program (DROP); amending s. 121.091,
5 F.S.; to clarify reemployment restrictions and
6 provide for distribution of DROP accumulations
7 under certain circumstances;
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