Senate Bill sb3010

    Florida Senate - 2004                                  SB 3010

    By Senator Constantine





    22-1789-04                                         See HB 1025

  1                      A bill to be entitled

  2         An act relating to reemployment after

  3         retirement; amending s. 238.181, F.S.;

  4         authorizing district school boards to reemploy

  5         certain retired teachers under certain

  6         circumstances; deleting certain reemployment

  7         criteria and limitations; providing legislative

  8         intent pertaining to funding and

  9         implementation; providing for retroactive

10         applicability; providing an effective date.

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

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14         Section 1.  Paragraph (c) of subsection (2) of section

15  238.181, Florida Statutes, is amended to read:

16         238.181  Reemployment after retirement; conditions and

17  limitations.--

18         (2)

19         (c)  Effective July 1, 2003, after a retired member has

20  been retired for 1 calendar month in accordance with s.

21  121.021(39), a district school board may reemploy such a

22  retired member as a substitute or hourly teacher on a

23  noncontractual basis, or reemploy such retired member as

24  instructional personnel, as defined in s. 1012.01(2)(a), on an

25  annual contractual basis after he or she has been retired for

26  1 calendar month, in accordance with s. 121.021(39). Any other

27  retired member who is reemployed within 1 calendar month after

28  retirement shall void his or her application for retirement

29  benefits. All retirees reemployed under this paragraph shall

30  become renewed members of the Florida Retirement System under

31  s. 121.122, and district school boards reemploying such

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    Florida Senate - 2004                                  SB 3010
    22-1789-04                                         See HB 1025




 1  retired members as described herein teachers are subject to

 2  the contributions as provided for renewed membership

 3  retirement contribution required by paragraph (g).

 4  Reemployment of a retired member as a substitute or hourly

 5  teacher is limited to 780 hours during the first 12 months of

 6  his or her retirement. Any retired member reemployed for more

 7  than 780 hours during his or her first 12 months of retirement

 8  shall give timely notice in writing to his or her employer and

 9  to the department of the date he or she will exceed the

10  limitation. The department shall suspend his or her retirement

11  benefits for the remainder of his or her first 12 months of

12  retirement. Any person employed in violation of this paragraph

13  and any employing agency which knowingly employs or appoints

14  such person without notifying the department to suspend

15  retirement benefits shall be jointly and severally liable for

16  reimbursement to the retirement trust fund of any benefits

17  paid during the reemployment limitation period. To avoid

18  liability, such employing agency shall have a written

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

20  a state-administered retirement system. Any retirement

21  benefits received by a retired member while reemployed in

22  excess of 780 hours during his or her first 12 months of

23  retirement shall be repaid to the Retirement System Trust

24  Fund, and his or her retirement benefits shall remain

25  suspended until repayment is made. Benefits suspended beyond

26  the end of the retired member's first 12 months of retirement

27  shall apply toward repayment of benefits received in violation

28  of the 780-hour reemployment limitation.

29         Section 2.  The Legislature finds that the potential

30  costs attributable to the modifications to the retirement laws

31  by this act affecting the reemployment of retired members of

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    Florida Senate - 2004                                  SB 3010
    22-1789-04                                         See HB 1025




 1  the Teachers' Retirement System is minimal. The Legislature

 2  further finds that such costs are adequately funded by the

 3  provisions of section 9 of chapter 2003-260, Laws of Florida,

 4  which provided funding for equivalent provisions allowing for

 5  postretirement reemployment of retired members of the Florida

 6  Retirement System. By giving these provisions retroactive

 7  effect, it is the intent of the Legislature that retired

 8  members of such system who may have relied in error on the

 9  provisions of section 2 of chapter 2003-260, Laws of Florida,

10  should be financially whole. Therefore, it is the intent of

11  the Legislature that any retiree of the Teachers' Retirement

12  System who was reemployed by a district school board in

13  reliance on section 2 of chapter 2003-260, Laws of Florida,

14  and as a result was required to suspend or repay benefits

15  under section 121.091(9)(b)2., Florida Statutes, will receive

16  a full refund for any such benefits suspended or personally

17  repaid between July 1, 2003, and the effective date of this

18  act, and that any employer held liable for such repayment will

19  receive a full refund for any such benefits paid by the

20  employer.

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

22  law and shall apply retroactively to July 1, 2003.

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