House Bill hb0215c1

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    Florida House of Representatives - 2002              CS/HB 215

        By the Council for Smarter Government and Representatives
    Fasano and Cantens





  1                      A bill to be entitled

  2         An act relating to the Deferred Retirement

  3         Option Program of the Florida Retirement

  4         System; amending s. 121.053, F.S., relating to

  5         termination requirements and benefits of

  6         elected officers participating in the Deferred

  7         Retirement Option Program; amending s. 121.091,

  8         F.S., regarding Deferred Retirement Option

  9         Program termination requirements for elected

10         officers; providing an effective date.

11

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

13

14         Section 1.  Paragraph (b) of subsection (1) of section

15  121.053, Florida Statutes, is amended to read:

16         121.053  Participation in the Elected Officers' Class

17  for retired members.--

18         (1)

19         (b)  Any retired member of the Florida Retirement

20  System, or any existing system as defined in s. 121.021(2),

21  who, on or after July 1, 1990, is serving in, or is elected or

22  appointed to, an elective office covered by the Elected

23  Officers' Class shall be enrolled in the appropriate subclass

24  of the Elected Officers' Class of the Florida Retirement

25  System, and applicable contributions shall be paid into the

26  Florida Retirement System Trust Fund as provided in s.

27  121.052(7). Pursuant thereto:

28         1.  Any such retired member shall be eligible to

29  continue to receive retirement benefits as well as

30  compensation for the elected officer service for as long as he

31

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  1  or she remains in an elective office covered by the Elected

  2  Officers' Class.

  3         2.  If any such member serves in an elective office

  4  covered by the Elected Officers' Class and becomes vested

  5  under that class, he or she shall be entitled to receive an

  6  additional retirement benefit for such elected officer

  7  service.

  8         3.  Such member shall be entitled to purchase

  9  additional retirement credit in the Elected Officers' Class

10  for any postretirement service performed in an elected

11  position eligible for the Elected Officers' Class prior to

12  July 1, 1990, or in the Regular Class for any postretirement

13  service performed in any other regularly established position

14  prior to July 1, 1991, by paying the applicable Elected

15  Officers' Class or Regular Class employee and employer

16  contributions for the period being claimed, plus 4 percent

17  interest compounded annually from the first year of service

18  claimed until July 1, 1975, and 6.5 percent interest

19  compounded thereafter, until full payment is made to the

20  Florida Retirement System Trust Fund. The contribution for

21  postretirement Regular Class service between July 1, 1985, and

22  July 1, 1991, for which the reemployed retiree contribution

23  was paid, shall be the difference between such contribution

24  and the total applicable contribution for the period being

25  claimed, plus interest. The employer of such member may pay

26  the applicable employer contribution in lieu of the member. If

27  a member does not wish to claim credit for all of the

28  postretirement service for which he or she is eligible, the

29  service the member claims must be the most recent service.

30         4.  Creditable service for which credit was received,

31  or which remained unclaimed, at retirement may not be claimed

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  1  or applied toward service credit earned following renewed

  2  membership. However, service earned in accordance with the

  3  renewed membership provisions in s. 121.122 may be used in

  4  conjunction with creditable service earned under this

  5  paragraph, provided applicable vesting requirements and other

  6  existing statutory conditions required by this chapter are

  7  met.

  8         5.  An elected officer who is elected or appointed to

  9  an elective office and is participating in the Deferred

10  Retirement Option Program is not subject to termination as

11  provided in s. 121.021(39)(b), or reemployment limitations as

12  provided in s. 121.091(9), until the end of his or her current

13  term of office or, if the officer is consecutively elected or

14  reelected to an elective office eligible for coverage under

15  the Florida Retirement System, until he or she no longer holds

16  such an elective office, as follows:

17         a.  At the end of the 60-month DROP period:

18         (I)  The officer's DROP account shall accrue no

19  additional monthly benefits, but shall continue to earn

20  interest as provided in s. 121.091(13).

21         (II)  No retirement contributions shall be required of

22  the employer of the elected officer and no additional

23  retirement credit shall be earned under the Florida Retirement

24  System.

25         b.  Nothing herein shall prevent an elected officer

26  from voluntarily terminating his or her elective office at any

27  time and electing to receive his or her DROP proceeds.

28  However, until termination requirements are fulfilled as

29  provided in s. 121.021(39), any elected officer whose

30  termination limitations are extended by this section shall be

31  ineligible for renewed membership in the system and shall

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  1  receive no pension payments, DROP lump sum payments, or any

  2  other state payment other than the statutorily determined

  3  salary, travel, and per diem for the elective office.

  4         c.  Upon termination, the officer shall receive his or

  5  her accumulated DROP account, plus interest, and shall accrue

  6  and commence receiving monthly retirement benefits, which

  7  shall be paid on a prospective basis only.

  8

  9  However, an officer electing to participate in the Deferred

10  Retirement Option Program on or before June 30, 2002, shall

11  not be required to terminate and shall remain subject to the

12  provisions of this subparagraph as adopted in section 1 of

13  chapter 2001-235, Laws of Florida Any elected officer who is a

14  participating member of DROP may terminate participation at

15  any time during the 60-month DROP participation period and

16  elect to enroll in the appropriate subclass of the Elected

17  Officers' Class, including participating in the Senior

18  Management Service Class, effective the first day of the

19  following month.

20         Section 2.  Paragraph (b) of subsection (13) of section

21  121.091, Florida Statutes, is amended to read:

22         121.091  Benefits payable under the system.--Benefits

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

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

25  begun participation in the Deferred Retirement Option Program

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

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

28  department may cancel an application for retirement benefits

29  when the member or beneficiary fails to timely provide the

30  information and documents required by this chapter and the

31  department's rules. The department shall adopt rules

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  1  establishing procedures for application for retirement

  2  benefits and for the cancellation of such application when the

  3  required information or documents are not received.

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

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

  6  Retirement Option Program, hereinafter referred to as the

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

  8  Florida  Retirement System may elect to participate, deferring

  9  receipt of retirement benefits while continuing employment

10  with his or her Florida Retirement System employer. The

11  deferred monthly benefits shall accrue in the System Trust

12  Fund on behalf of the participant, plus interest compounded

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

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

15  the participant shall receive the total DROP benefits and

16  begin to receive the previously determined normal retirement

17  benefits. Participation in the DROP does not guarantee

18  employment for the specified period of DROP.

19         (b)  Participation in the DROP.--

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

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

22  months immediately following the date on which the member

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

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

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

26  member who has reached normal retirement date prior to the

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

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

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

30  member of the Special Risk Class who has reached normal

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

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  1  whose total accrued value exceeds 75 percent of average final

  2  compensation as of his or her effective date of retirement

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

  4  36 calendar months immediately following the effective date of

  5  the DROP.

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

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

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

  9         b.  Selection of the DROP participation and termination

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

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

12  binding letter of resignation with the employer, establishing

13  a deferred termination date. The member may change the

14  termination date within the limitations of subparagraph 1.,

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

16         c.  A properly completed DROP application for service

17  retirement as provided in this section; and

18         d.  Any other information required by the division.

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

20  Florida Retirement System for all purposes, except for

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

22  121.053, and 121.122. However, participation in the DROP does

23  not alter the participant's employment status and such

24  employee shall not be deemed retired from employment until his

25  or her deferred resignation is effective and termination

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

27         4.  Elected officers shall be eligible to participate

28  in the DROP subject to the following:

29         a.  An elected officer who reaches normal retirement

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

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

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  1  office. Such elected officer who exercises this option may

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

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

  4  whichever is less.

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

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

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

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

  9  limitation established in subparagraph 1., and the officer

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

11  the retirement and the participant's DROP shall be null and

12  void as provided in sub-subparagraph (c)5.d.

13         c.  An elected officer who is dually employed and

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

15  definition of termination within the 60-month limitation

16  period as provided in subparagraph 1. for the nonelected

17  position and may continue employment as an elected officer as

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

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

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

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

22  nonelected position and termination of DROP. Distribution of

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

24         d.  An elected officer who is elected or appointed to

25  an elective office is not subject to termination limitations

26  as provided in chapter 121.

27         Section 3.  This act shall take effect upon becoming a

28  law.

29

30

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