Senate Bill sb3010e1

    SB 3010                                        First Engrossed



  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 that certain

11         reemployment and retirement benefits are

12         available to instructional personnel employed

13         by developmental research schools and the

14         Florida School for the Deaf and the Blind;

15         authorizing the director or principal of

16         certain charter schools to reemploy certain

17         retired teachers under certain circumstances;

18         providing an effective date.

19  

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

21  

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

23  238.181, Florida Statutes, is amended to read:

24         238.181  Reemployment after retirement; conditions and

25  limitations.--

26         (2)

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

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

29  121.021(39), a district school board may reemploy such a

30  retired member as a substitute or hourly teacher on a

31  noncontractual basis, or reemploy such retired member as


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    SB 3010                                        First Engrossed



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

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

 3  1 calendar month, in accordance with s. 121.021(39). Any other

 4  retired member who is reemployed within 1 calendar month after

 5  retirement shall void his or her application for retirement

 6  benefits. All retirees reemployed under this paragraph shall

 7  become renewed members of the Florida Retirement System under

 8  s. 121.122, and district school boards reemploying such

 9  retired members as described herein teachers are subject to

10  the contributions as provided for renewed membership

11  retirement contribution required by paragraph (g).

12  Reemployment of a retired member as a substitute or hourly

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

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

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

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

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

18  limitation. The department shall suspend his or her retirement

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

20  retirement. Any person employed in violation of this paragraph

21  and any employing agency which knowingly employs or appoints

22  such person without notifying the department to suspend

23  retirement benefits shall be jointly and severally liable for

24  reimbursement to the retirement trust fund of any benefits

25  paid during the reemployment limitation period. To avoid

26  liability, such employing agency shall have a written

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

28  a state-administered retirement system. Any retirement

29  benefits received by a retired member while reemployed in

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

31  retirement shall be repaid to the Retirement System Trust


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    SB 3010                                        First Engrossed



 1  Fund, and his or her retirement benefits shall remain

 2  suspended until repayment is made. Benefits suspended beyond

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

 4  shall apply toward repayment of benefits received in violation

 5  of the 780-hour reemployment limitation.

 6         Section 2.  The Legislature finds that the potential

 7  costs attributable to the modifications to the retirement laws

 8  by this act affecting the reemployment of retired members of

 9  the Teachers' Retirement System is minimal. The Legislature

10  further finds that such costs are adequately funded by the

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

12  which provided funding for equivalent provisions allowing for

13  postretirement reemployment of retired members of the Florida

14  Retirement System. By giving these provisions retroactive

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

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

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

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

19  the Legislature that any retiree of the Teachers' Retirement

20  System who was reemployed by a district school board in

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

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

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

24  a full refund for any such benefits suspended or personally

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

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

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

28  employer.

29         Section 3.  (1)  Notwithstanding any other law,

30  instructional personnel, as defined in section 1012.01(2),

31  Florida Statutes, employed by a developmental research school


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    SB 3010                                        First Engrossed



 1  or the Florida School for the Deaf and the Blind are eligible

 2  for reemployment after retirement in the same manner as

 3  classroom teachers who are employed by the district school

 4  boards, as described in sections 121.091(9)(b)3. and

 5  238.181(2)(c), Florida Statutes.

 6         (2)  Instructional personnel, as defined in section

 7  1012.01(2), Florida Statutes, employed by a developmental

 8  research school and authorized by the school's director, or if

 9  the school has no director, by the school's principal, are

10  eligible for the Deferred Retirement Option Program (DROP)

11  beyond 60 months in the same manner as the instructional

12  personnel who are employed by the district school boards and

13  authorized by the district school superintendent, as described

14  in section 121.091(13), Florida Statutes.

15         Section 4.  Effective July 1, 2004, the director or

16  principal of a charter school participating in the Florida

17  Retirement System may reemploy a retired member as a

18  substitute or hourly teacher on a noncontractual basis, or

19  reemploy such retired member as instructional personnel, as

20  defined in section 1012.01(2)(a), Florida Statutes, on an

21  annual contractual basis, after he or she has been retired for

22  1 calendar month in accordance with section 121.021(39),

23  Florida Statutes.

24         Section 5.  This act shall take effect upon becoming a

25  law and sections 1 and 2 of this act shall apply retroactively

26  to July 1, 2003.

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28  

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31  


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