Senate Bill sb2024

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    Florida Senate - 2002                                  SB 2024

    By Senator Sullivan





    22-1414-02

  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

  3         System; authorizing a district school board to

  4         reemploy a teacher, principal, or assistant

  5         principal after participation in the Deferred

  6         Retirement Option Program, subject to certain

  7         conditions; providing an effective date.

  8

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

10

11         Section 1.  Paragraph (b) of subsection (9) of section

12  121.091, Florida Statutes, is amended to read:

13         121.091  Benefits payable under the system.--Benefits

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

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

16  begun participation in the Deferred Retirement Option Program

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

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

19  department may cancel an application for retirement benefits

20  when the member or beneficiary fails to timely provide the

21  information and documents required by this chapter and the

22  department's rules. The department shall adopt rules

23  establishing procedures for application for retirement

24  benefits and for the cancellation of such application when the

25  required information or documents are not received.

26         (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--

27         (b)1.  Any person who is retired under this chapter,

28  except under the disability retirement provisions of

29  subsection (4), may be reemployed by any private or public

30  employer after retirement and receive retirement benefits and

31  compensation from his or her employer without any limitations,

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    Florida Senate - 2002                                  SB 2024
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  1  except that a person may not receive both a salary from

  2  reemployment with any agency participating in the Florida

  3  Retirement System and retirement benefits under this chapter

  4  for a period of 12 months immediately subsequent to the date

  5  of retirement. However, a DROP participant shall continue

  6  employment and receive a salary during the period of

  7  participation in the Deferred Retirement Option Program, as

  8  provided in subsection (13).

  9         2.  Any person to whom the limitation in subparagraph

10  1. applies who violates such reemployment limitation and who

11  is reemployed with any agency participating in the Florida

12  Retirement System before completion of the 12-month limitation

13  period shall give timely notice of this fact in writing to the

14  employer and to the division and shall have his or her

15  retirement benefits suspended for the balance of the 12-month

16  limitation period.  Any person employed in violation of this

17  paragraph and any employing agency which knowingly employs or

18  appoints such person without notifying the Division of

19  Retirement to suspend retirement benefits shall be jointly and

20  severally liable for reimbursement to the retirement trust

21  fund of any benefits paid during the reemployment limitation

22  period.  To avoid liability, such employing agency shall have

23  a written statement from the retiree that he or she is not

24  retired from a state-administered retirement system.  Any

25  retirement benefits received while reemployed during this

26  reemployment limitation period shall be repaid to the

27  retirement trust fund, and retirement benefits shall remain

28  suspended until such repayment has been made.  Benefits

29  suspended beyond the reemployment limitation shall apply

30  toward repayment of benefits received in violation of the

31  reemployment limitation.

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  1         3.a.  A district school board may reemploy a retired

  2  member as a substitute or hourly teacher, education

  3  paraprofessional, transportation assistant, bus driver, or

  4  food service worker on a noncontractual basis after he or she

  5  has been retired for 1 calendar month, in accordance with s.

  6  121.021(39).  Any retired member who is reemployed within 1

  7  calendar month after retirement shall void his or her

  8  application for retirement benefits. District school boards

  9  reemploying such teachers, education paraprofessionals,

10  transportation assistants, bus drivers, or food service

11  workers are subject to the retirement contribution required by

12  subparagraph 7.  Reemployment of a retired member as a

13  substitute or hourly teacher, education paraprofessional,

14  transportation assistant, bus driver, or food service worker

15  is limited to 780 hours during the first 12 months of his or

16  her retirement.  Any retired member reemployed for more than

17  780 hours during his or her first 12 months of retirement

18  shall give timely notice in writing to the employer and to the

19  division of the date he or she will exceed the limitation.

20  The division shall suspend his or her retirement benefits for

21  the remainder of the first 12 months of retirement.  Any

22  person employed in violation of this subparagraph and any

23  employing agency which knowingly employs or appoints such

24  person without notifying the Division of Retirement to suspend

25  retirement benefits shall be jointly and severally liable for

26  reimbursement to the retirement trust fund of any benefits

27  paid during the reemployment limitation period.  To avoid

28  liability, such employing agency shall have a written

29  statement from the retiree that he or she is not retired from

30  a state-administered retirement system.  Any retirement

31  benefits received by a retired member while reemployed in

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  1  excess of 780 hours during the first 12 months of retirement

  2  shall be repaid to the Retirement System Trust Fund, and his

  3  or her retirement benefits shall remain suspended until

  4  repayment is made.  Benefits suspended beyond the end of the

  5  retired member's first 12 months of retirement shall apply

  6  toward repayment of benefits received in violation of the

  7  780-hour reemployment limitation.

  8         b.  Notwithstanding the provisions of subparagraph a.

  9  and s. 122.16, a district school board may reemploy a teacher,

10  principal, or assistant principal after he or she has

11  participated for the maximum period in the Deferred Retirement

12  Option Program pursuant to subsection (13) if the employee has

13  received satisfactory employment evaluations for the previous

14  3 consecutive years. Such reemployment shall not void the

15  retirement benefits for which the employee is eligible;

16  however, the employee may not be reenrolled in the

17  defined-benefit component of the Florida Retirement System.

18  The district school board may enroll the employee in the

19  Public Employee Optional Retirement Program pursuant to s.

20  121.4501, may purchase an annuity for the employee pursuant to

21  s. 231.495, or may provide an alternative retirement benefit

22  in compliance with the qualification requirements imposed on

23  government plans under s. 401(a) of the Internal Revenue Code.

24         4.  A community college board of trustees may reemploy

25  a retired member as an adjunct instructor, that is, an

26  instructor who is noncontractual and part-time, or as a

27  participant in a phased retirement program within the Florida

28  Community College System, after he or she has been retired for

29  1 calendar month, in accordance with s. 121.021(39).  Any

30  retired member who is reemployed within 1 calendar month after

31  retirement shall void his or her application for retirement

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  1  benefits.  Boards of trustees reemploying such instructors are

  2  subject to the retirement contribution required in

  3  subparagraph 7.  A retired member may be reemployed as an

  4  adjunct instructor for no more than 780 hours during the first

  5  12 months of retirement.  Any retired member reemployed for

  6  more than 780 hours during the first 12 months of retirement

  7  shall give timely notice in writing to the employer and to the

  8  division of the date he or she will exceed the limitation.

  9  The division shall suspend his or her retirement benefits for

10  the remainder of the first 12 months of retirement.  Any

11  person employed in violation of this subparagraph and any

12  employing agency which knowingly employs or appoints such

13  person without notifying the Division of Retirement to suspend

14  retirement benefits shall be jointly and severally liable for

15  reimbursement to the retirement trust fund of any benefits

16  paid during the reemployment limitation period.  To avoid

17  liability, such employing agency shall have a written

18  statement from the retiree that he or she is not retired from

19  a state-administered retirement system.  Any retirement

20  benefits received by a retired member while reemployed in

21  excess of 780 hours during the first 12 months of retirement

22  shall be repaid to the Retirement System Trust Fund, and

23  retirement benefits shall remain suspended until repayment is

24  made.  Benefits suspended beyond the end of the retired

25  member's first 12 months of retirement shall apply toward

26  repayment of benefits received in violation of the 780-hour

27  reemployment limitation.

28         5.  The State University System may reemploy a retired

29  member as an adjunct faculty member or as a participant in a

30  phased retirement program within the State University System

31  after the retired member has been retired for 1 calendar

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  1  month, in accordance with s. 121.021(39).  Any retired member

  2  who is reemployed within 1 calendar month after retirement

  3  shall void his or her application for retirement benefits.

  4  The State University System is subject to the retired

  5  contribution required in subparagraph 7., as appropriate. A

  6  retired member may be reemployed as an adjunct faculty member

  7  or a participant in a phased retirement program for no more

  8  than 780 hours during the first 12 months of his or her

  9  retirement.  Any retired member reemployed for more than 780

10  hours during the first 12 months of retirement shall give

11  timely notice in writing to the employer and to the division

12  of the date he or she will exceed the limitation.  The

13  division shall suspend his or her retirement benefits for the

14  remainder of the first 12 months of retirement.  Any person

15  employed in violation of this subparagraph and any employing

16  agency which knowingly employs or appoints such person without

17  notifying the Division of Retirement to suspend retirement

18  benefits shall be jointly and severally liable for

19  reimbursement to the retirement trust fund of any benefits

20  paid during the reemployment limitation period.  To avoid

21  liability, such employing agency shall have a written

22  statement from the retiree that he or she is not retired from

23  a state-administered retirement system.  Any retirement

24  benefits received by a retired member while reemployed in

25  excess of 780 hours during the first 12 months of retirement

26  shall be repaid to the Retirement System Trust Fund, and

27  retirement benefits shall remain suspended until repayment is

28  made.  Benefits suspended beyond the end of the retired

29  member's first 12 months of retirement shall apply toward

30  repayment of benefits received in violation of the 780-hour

31  reemployment limitation.

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    Florida Senate - 2002                                  SB 2024
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  1         6.  The Board of Trustees of the Florida School for the

  2  Deaf and the Blind may reemploy a retired member as a

  3  substitute teacher, substitute residential instructor, or

  4  substitute nurse on a noncontractual basis after he or she has

  5  been retired for 1 calendar month, in accordance with s.

  6  121.021(39).  Any retired member who is reemployed within 1

  7  calendar month after retirement shall void his or her

  8  application for retirement benefits. The Board of Trustees of

  9  the Florida School for the Deaf and the Blind reemploying such

10  teachers, residential instructors, or nurses is subject to the

11  retirement contribution required by subparagraph 7.

12  Reemployment of a retired member as a substitute teacher,

13  substitute residential instructor, or substitute nurse is

14  limited to 780 hours during the first 12 months of his or her

15  retirement.  Any retired member reemployed for more than 780

16  hours during the first 12 months of retirement shall give

17  timely notice in writing to the employer and to the division

18  of the date he or she will exceed the limitation. The division

19  shall suspend his or her retirement benefits for the remainder

20  of the first 12 months of retirement.  Any person employed in

21  violation of this subparagraph and any employing agency which

22  knowingly employs or appoints such person without notifying

23  the Division of Retirement to suspend retirement benefits

24  shall be jointly and severally liable for reimbursement to the

25  retirement trust fund of any benefits paid during the

26  reemployment limitation period.  To avoid liability, such

27  employing agency shall have a written statement from the

28  retiree that he or she is not retired from a

29  state-administered retirement system.  Any retirement benefits

30  received by a retired member while reemployed in excess of 780

31  hours during the first 12 months of retirement shall be repaid

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  1  to the Retirement System Trust Fund, and his or her retirement

  2  benefits shall remain suspended until payment is made.

  3  Benefits suspended beyond the end of the retired member's

  4  first 12 months of retirement shall apply toward repayment of

  5  benefits received in violation of the 780-hour reemployment

  6  limitation.

  7         7.  The employment by an employer of any retiree or

  8  DROP participant of any state-administered retirement system

  9  shall have no effect on the average final compensation or

10  years of creditable service of the retiree or DROP

11  participant.  Prior to July 1, 1991, upon employment of any

12  person, other than an elected officer as provided in s.

13  121.053, who has been retired under any state-administered

14  retirement program, the employer shall pay retirement

15  contributions in an amount equal to the unfunded actuarial

16  liability portion of the employer contribution which would be

17  required for regular members of the Florida Retirement System.

18  Effective July 1, 1991, contributions shall be made as

19  provided in s. 121.122 for retirees with renewed membership or

20  subsection (13) with respect to DROP participants.

21         8.  Any person who has previously retired and who is

22  holding an elective public office or an appointment to an

23  elective public office eligible for the Elected Officers'

24  Class on or after July 1, 1990, shall be enrolled in the

25  Florida Retirement System as provided in s. 121.053(1)(b) or,

26  if holding an elective public office that does not qualify for

27  the Elected Officers' Class on or after July 1, 1991, shall be

28  enrolled in the Florida Retirement System as provided in s.

29  121.122, and shall continue to receive retirement benefits as

30  well as compensation for the elected officer's service for as

31  long as he or she remains in elective office. However, any

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  1  retired member who served in an elective office prior to July

  2  1, 1990, suspended his or her retirement benefit, and had his

  3  or her Florida Retirement System membership reinstated shall,

  4  upon retirement from such office, have his or her retirement

  5  benefit recalculated to include the additional service and

  6  compensation earned.

  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         Section 2.  This act shall take effect upon becoming a

27  law.

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  2                          SENATE SUMMARY

  3    Authorizes a district school board to reemploy a teacher,
      principal, or assistant principal after that person has
  4    participated for the maximum period in the Deferred
      Retirement Option Program. Specifies that such person may
  5    not be reenrolled in the defined-benefit component of the
      Florida Retirement System.
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