| 1 | A bill to be entitled |
| 2 | An act relating to the Florida Retirement System; amending |
| 3 | s. 121.021, F.S.; revising definition of the term "phased |
| 4 | retirement program"; amending s. 121.091, F.S.; revising |
| 5 | certain limitations on positions for which district school |
| 6 | boards, community colleges, state universities, and the |
| 7 | Florida School for the Deaf and the Blind may reemploy a |
| 8 | member of the Florida Retirement System after a specified |
| 9 | period of retirement; extending participation in the |
| 10 | Deferred Retirement Option Program to K-20 employees |
| 11 | receiving administrative authorization; revising the |
| 12 | election period in the Deferred Retirement Option Program |
| 13 | for K-20 employees; providing effective dates. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Subsection (43) of section 121.021, Florida |
| 18 | Statutes, is amended to read: |
| 19 | 121.021 Definitions.--The following words and phrases as |
| 20 | used in this chapter have the respective meanings set forth |
| 21 | unless a different meaning is plainly required by the context: |
| 22 | (43) "Phased retirement program" means a program |
| 23 | contracted by the governing board of a university or community |
| 24 | college participating under this chapter in which a retiree may |
| 25 | be reemployed in a faculty position provided: |
| 26 | (a) The member retired and met the definition of |
| 27 | termination under this section; and |
| 28 | (b) The retired member is reemployed for not more than 780 |
| 29 | hours during the first 12 months of his or her retirement; and |
| 30 | (b)(c) The retired member is reemployed with the |
| 31 | university or community college from which he or she retired. |
| 32 |
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| 33 | Renewed membership for a retiree participating in a phased |
| 34 | retirement program shall be determined in accordance with s. |
| 35 | 121.053 or s. 121.122. |
| 36 | Section 2. Paragraph (b) of subsection (9) and paragraphs |
| 37 | (a) and (b) of subsection (13) of section 121.091, Florida |
| 38 | Statutes, are amended to read: |
| 39 | 121.091 Benefits payable under the system.--Benefits may |
| 40 | not be paid under this section unless the member has terminated |
| 41 | employment as provided in s. 121.021(39)(a) or begun |
| 42 | participation in the Deferred Retirement Option Program as |
| 43 | provided in subsection (13), and a proper application has been |
| 44 | filed in the manner prescribed by the department. The department |
| 45 | may cancel an application for retirement benefits when the |
| 46 | member or beneficiary fails to timely provide the information |
| 47 | and documents required by this chapter and the department's |
| 48 | rules. The department shall adopt rules establishing procedures |
| 49 | for application for retirement benefits and for the cancellation |
| 50 | of such application when the required information or documents |
| 51 | are not received. |
| 52 | (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.-- |
| 53 | (b)1. Any person who is retired under this chapter, except |
| 54 | under the disability retirement provisions of subsection (4), |
| 55 | may be reemployed by any private or public employer after |
| 56 | retirement and receive retirement benefits and compensation from |
| 57 | his or her employer without any limitations, except that a |
| 58 | person may not receive both a salary from reemployment with any |
| 59 | agency participating in the Florida Retirement System and |
| 60 | retirement benefits under this chapter for a period of 12 months |
| 61 | immediately subsequent to the date of retirement. However, a |
| 62 | DROP participant shall continue employment and receive a salary |
| 63 | during the period of participation in the Deferred Retirement |
| 64 | Option Program, as provided in subsection (13). |
| 65 | 2. Any person to whom the limitation in subparagraph 1. |
| 66 | applies who violates such reemployment limitation and who is |
| 67 | reemployed with any agency participating in the Florida |
| 68 | Retirement System before completion of the 12-month limitation |
| 69 | period shall give timely notice of this fact in writing to the |
| 70 | employer and to the division and shall have his or her |
| 71 | retirement benefits suspended for the balance of the 12-month |
| 72 | limitation period. Any person employed in violation of this |
| 73 | paragraph and any employing agency which knowingly employs or |
| 74 | appoints such person without notifying the Division of |
| 75 | Retirement to suspend retirement benefits shall be jointly and |
| 76 | severally liable for reimbursement to the retirement trust fund |
| 77 | of any benefits paid during the reemployment limitation period. |
| 78 | To avoid liability, such employing agency shall have a written |
| 79 | statement from the retiree that he or she is not retired from a |
| 80 | state-administered retirement system. Any retirement benefits |
| 81 | received while reemployed during this reemployment limitation |
| 82 | period shall be repaid to the retirement trust fund, and |
| 83 | retirement benefits shall remain suspended until such repayment |
| 84 | has been made. Benefits suspended beyond the reemployment |
| 85 | limitation shall apply toward repayment of benefits received in |
| 86 | violation of the reemployment limitation. |
| 87 | 3. A district school board may reemploy a retired member |
| 88 | as a substitute or hourly teacher, education paraprofessional, |
| 89 | transportation assistant, bus driver, or food service worker on |
| 90 | an annual contractual basis or on a noncontractual basis after |
| 91 | he or she has been retired for 1 calendar month, in accordance |
| 92 | with s. 121.021(39). A district school board may reemploy a |
| 93 | retired member as instructional personnel, as defined in s. |
| 94 | 1012.01(2)(a), on an annual contractual basis after he or she |
| 95 | has been retired for 1 calendar month, in accordance with s. |
| 96 | 121.021(39). Any other retired member who is reemployed within 1 |
| 97 | calendar month after retirement shall void his or her |
| 98 | application for retirement benefits. District school boards |
| 99 | reemploying such retired members teachers, education |
| 100 | paraprofessionals, transportation assistants, bus drivers, or |
| 101 | food service workers are subject to the retirement contribution |
| 102 | required by subparagraph 7. |
| 103 | 4. A community college board of trustees may reemploy a |
| 104 | retired member as an adjunct instructor on an annual contractual |
| 105 | basis, on a that is, an instructor who is noncontractual basis |
| 106 | and part-time, or as a participant in a phased retirement |
| 107 | program within the Florida Community College System, after he or |
| 108 | she has been retired for 1 calendar month, in accordance with s. |
| 109 | 121.021(39). Any retired member who is reemployed within 1 |
| 110 | calendar month after retirement shall void his or her |
| 111 | application for retirement benefits. Boards of trustees |
| 112 | reemploying such instructors are subject to the retirement |
| 113 | contribution required in subparagraph 7. A retired member may be |
| 114 | reemployed as an adjunct instructor for no more than 780 hours |
| 115 | during the first 12 months of retirement. Any retired member |
| 116 | reemployed for more than 780 hours during the first 12 months of |
| 117 | retirement shall give timely notice in writing to the employer |
| 118 | and to the division of the date he or she will exceed the |
| 119 | limitation. The division shall suspend his or her retirement |
| 120 | benefits for the remainder of the first 12 months of retirement. |
| 121 | Any person employed in violation of this subparagraph and any |
| 122 | employing agency which knowingly employs or appoints such person |
| 123 | without notifying the Division of Retirement to suspend |
| 124 | retirement benefits shall be jointly and severally liable for |
| 125 | reimbursement to the retirement trust fund of any benefits paid |
| 126 | during the reemployment limitation period. To avoid liability, |
| 127 | such employing agency shall have a written statement from the |
| 128 | retiree that he or she is not retired from a state-administered |
| 129 | retirement system. Any retirement benefits received by a retired |
| 130 | member while reemployed in excess of 780 hours during the first |
| 131 | 12 months of retirement shall be repaid to the Retirement System |
| 132 | Trust Fund, and retirement benefits shall remain suspended until |
| 133 | repayment is made. Benefits suspended beyond the end of the |
| 134 | retired member's first 12 months of retirement shall apply |
| 135 | toward repayment of benefits received in violation of the 780- |
| 136 | hour reemployment limitation. |
| 137 | 5. The State University System may reemploy a retired |
| 138 | member as a an adjunct faculty member on an annual contractual |
| 139 | basis, on a noncontractual basis, or as a participant in a |
| 140 | phased retirement program within the State University System |
| 141 | after the retired member has been retired for 1 calendar month, |
| 142 | in accordance with s. 121.021(39). Any retired member who is |
| 143 | reemployed within 1 calendar month after retirement shall void |
| 144 | his or her application for retirement benefits. The State |
| 145 | University System is subject to the retired contribution |
| 146 | required in subparagraph 7., as appropriate. A retired member |
| 147 | may be reemployed as an adjunct faculty member or a participant |
| 148 | in a phased retirement program for no more than 780 hours during |
| 149 | the first 12 months of his or her retirement. Any retired member |
| 150 | reemployed for more than 780 hours during the first 12 months of |
| 151 | retirement shall give timely notice in writing to the employer |
| 152 | and to the division of the date he or she will exceed the |
| 153 | limitation. The division shall suspend his or her retirement |
| 154 | benefits for the remainder of the first 12 months of retirement. |
| 155 | Any person employed in violation of this subparagraph and any |
| 156 | employing agency which knowingly employs or appoints such person |
| 157 | without notifying the Division of Retirement to suspend |
| 158 | retirement benefits shall be jointly and severally liable for |
| 159 | reimbursement to the retirement trust fund of any benefits paid |
| 160 | during the reemployment limitation period. To avoid liability, |
| 161 | such employing agency shall have a written statement from the |
| 162 | retiree that he or she is not retired from a state-administered |
| 163 | retirement system. Any retirement benefits received by a retired |
| 164 | member while reemployed in excess of 780 hours during the first |
| 165 | 12 months of retirement shall be repaid to the Retirement System |
| 166 | Trust Fund, and retirement benefits shall remain suspended until |
| 167 | repayment is made. Benefits suspended beyond the end of the |
| 168 | retired member's first 12 months of retirement shall apply |
| 169 | toward repayment of benefits received in violation of the 780- |
| 170 | hour reemployment limitation. |
| 171 | 6. The Board of Trustees of the Florida School for the |
| 172 | Deaf and the Blind may reemploy a retired member as a substitute |
| 173 | teacher, substitute residential instructor, or substitute nurse |
| 174 | on a noncontractual basis after he or she has been retired for 1 |
| 175 | calendar month, in accordance with s. 121.021(39). The Board of |
| 176 | Trustees of the Florida School for the Deaf and the Blind may |
| 177 | reemploy a retired member as instructional personnel, as defined |
| 178 | in s. 1012.01(2), on an annual contractual basis after he or she |
| 179 | has been retired for 1 calendar month, in accordance with s. |
| 180 | 121.021(39). Any retired member who is reemployed within 1 |
| 181 | calendar month after retirement shall void his or her |
| 182 | application for retirement benefits. The Board of Trustees of |
| 183 | the Florida School for the Deaf and the Blind reemploying such |
| 184 | teachers, residential instructors, or nurses, or instructional |
| 185 | personnel is subject to the retirement contribution required by |
| 186 | subparagraph 7. Reemployment of a retired member as a substitute |
| 187 | teacher, substitute residential instructor, or substitute nurse |
| 188 | is limited to 780 hours during the first 12 months of his or her |
| 189 | retirement. Any retired member reemployed for more than 780 |
| 190 | hours during the first 12 months of retirement shall give timely |
| 191 | notice in writing to the employer and to the division of the |
| 192 | date he or she will exceed the limitation. The division shall |
| 193 | suspend his or her retirement benefits for the remainder of the |
| 194 | first 12 months of retirement. Any person employed in violation |
| 195 | of this subparagraph and any employing agency which knowingly |
| 196 | employs or appoints such person without notifying the Division |
| 197 | of Retirement to suspend retirement benefits shall be jointly |
| 198 | and severally liable for reimbursement to the retirement trust |
| 199 | fund of any benefits paid during the reemployment limitation |
| 200 | period. To avoid liability, such employing agency shall have a |
| 201 | written statement from the retiree that he or she is not retired |
| 202 | from a state-administered retirement system. Any retirement |
| 203 | benefits received by a retired member while reemployed in excess |
| 204 | of 780 hours during the first 12 months of retirement shall be |
| 205 | repaid to the Retirement System Trust Fund, and his or her |
| 206 | retirement benefits shall remain suspended until payment is |
| 207 | made. Benefits suspended beyond the end of the retired member's |
| 208 | first 12 months of retirement shall apply toward repayment of |
| 209 | benefits received in violation of the 780-hour reemployment |
| 210 | limitation. |
| 211 | 7. The employment by an employer of any retiree or DROP |
| 212 | participant of any state-administered retirement system shall |
| 213 | have no effect on the average final compensation or years of |
| 214 | creditable service of the retiree or DROP participant. Prior to |
| 215 | July 1, 1991, upon employment of any person, other than an |
| 216 | elected officer as provided in s. 121.053, who has been retired |
| 217 | under any state-administered retirement program, the employer |
| 218 | shall pay retirement contributions in an amount equal to the |
| 219 | unfunded actuarial liability portion of the employer |
| 220 | contribution which would be required for regular members of the |
| 221 | Florida Retirement System. Effective July 1, 1991, contributions |
| 222 | shall be made as provided in s. 121.122 for retirees with |
| 223 | renewed membership or subsection (13) with respect to DROP |
| 224 | participants. |
| 225 | 8. Any person who has previously retired and who is |
| 226 | holding an elective public office or an appointment to an |
| 227 | elective public office eligible for the Elected Officers' Class |
| 228 | on or after July 1, 1990, shall be enrolled in the Florida |
| 229 | Retirement System as provided in s. 121.053(1)(b) or, if holding |
| 230 | an elective public office that does not qualify for the Elected |
| 231 | Officers' Class on or after July 1, 1991, shall be enrolled in |
| 232 | the Florida Retirement System as provided in s. 121.122, and |
| 233 | shall continue to receive retirement benefits as well as |
| 234 | compensation for the elected officer's service for as long as he |
| 235 | or she remains in elective office. However, any retired member |
| 236 | who served in an elective office prior to July 1, 1990, |
| 237 | suspended his or her retirement benefit, and had his or her |
| 238 | Florida Retirement System membership reinstated shall, upon |
| 239 | retirement from such office, have his or her retirement benefit |
| 240 | recalculated to include the additional service and compensation |
| 241 | earned. |
| 242 | 9. Any person who is holding an elective public office |
| 243 | which is covered by the Florida Retirement System and who is |
| 244 | concurrently employed in nonelected covered employment may elect |
| 245 | to retire while continuing employment in the elective public |
| 246 | office, provided that he or she shall be required to terminate |
| 247 | his or her nonelected covered employment. Any person who |
| 248 | exercises this election shall receive his or her retirement |
| 249 | benefits in addition to the compensation of the elective office |
| 250 | without regard to the time limitations otherwise provided in |
| 251 | this subsection. No person who seeks to exercise the provisions |
| 252 | of this subparagraph, as the same existed prior to May 3, 1984, |
| 253 | shall be deemed to be retired under those provisions, unless |
| 254 | such person is eligible to retire under the provisions of this |
| 255 | subparagraph, as amended by chapter 84-11, Laws of Florida. |
| 256 | 10. The limitations of this paragraph apply to |
| 257 | reemployment in any capacity with an "employer" as defined in s. |
| 258 | 121.021(10), irrespective of the category of funds from which |
| 259 | the person is compensated. |
| 260 | 11. An employing agency may reemploy a retired member as a |
| 261 | firefighter or paramedic after the retired member has been |
| 262 | retired for 1 calendar month, in accordance with s. 121.021(39). |
| 263 | Any retired member who is reemployed within 1 calendar month |
| 264 | after retirement shall void his or her application for |
| 265 | retirement benefits. The employing agency reemploying such |
| 266 | firefighter or paramedic is subject to the retired contribution |
| 267 | required in subparagraph 8. Reemployment of a retired |
| 268 | firefighter or paramedic is limited to no more than 780 hours |
| 269 | during the first 12 months of his or her retirement. Any retired |
| 270 | member reemployed for more than 780 hours during the first 12 |
| 271 | months of retirement shall give timely notice in writing to the |
| 272 | employer and to the division of the date he or she will exceed |
| 273 | the limitation. The division shall suspend his or her retirement |
| 274 | benefits for the remainder of the first 12 months of retirement. |
| 275 | Any person employed in violation of this subparagraph and any |
| 276 | employing agency which knowingly employs or appoints such person |
| 277 | without notifying the Division of Retirement to suspend |
| 278 | retirement benefits shall be jointly and severally liable for |
| 279 | reimbursement to the Retirement System Trust Fund of any |
| 280 | benefits paid during the reemployment limitation period. To |
| 281 | avoid liability, such employing agency shall have a written |
| 282 | statement from the retiree that he or she is not retired from a |
| 283 | state-administered retirement system. Any retirement benefits |
| 284 | received by a retired member while reemployed in excess of 780 |
| 285 | hours during the first 12 months of retirement shall be repaid |
| 286 | to the Retirement System Trust Fund, and retirement benefits |
| 287 | shall remain suspended until repayment is made. Benefits |
| 288 | suspended beyond the end of the retired member's first 12 months |
| 289 | of retirement shall apply toward repayment of benefits received |
| 290 | in violation of the 780-hour reemployment limitation. |
| 291 | (13) DEFERRED RETIREMENT OPTION PROGRAM.--In general, and |
| 292 | subject to the provisions of this section, the Deferred |
| 293 | Retirement Option Program, hereinafter referred to as the DROP, |
| 294 | is a program under which an eligible member of the Florida |
| 295 | Retirement System may elect to participate, deferring receipt of |
| 296 | retirement benefits while continuing employment with his or her |
| 297 | Florida Retirement System employer. The deferred monthly |
| 298 | benefits shall accrue in the System Trust Fund on behalf of the |
| 299 | participant, plus interest compounded monthly, for the specified |
| 300 | period of the DROP participation, as provided in paragraph (c). |
| 301 | Upon termination of employment, the participant shall receive |
| 302 | the total DROP benefits and begin to receive the previously |
| 303 | determined normal retirement benefits. Participation in the DROP |
| 304 | does not guarantee employment for the specified period of DROP. |
| 305 | Participation in the DROP by an eligible member beyond the |
| 306 | initial 60-month period as authorized in this subsection shall |
| 307 | be on an annual contractual basis for all participants. |
| 308 | (a) Eligibility of member to participate in the DROP.--All |
| 309 | active Florida Retirement System members in a regularly |
| 310 | established position, and all active members of either the |
| 311 | Teachers' Retirement System established in chapter 238 or the |
| 312 | State and County Officers' and Employees' Retirement System |
| 313 | established in chapter 122 which systems are consolidated within |
| 314 | the Florida Retirement System under s. 121.011, are eligible to |
| 315 | elect participation in the DROP provided that: |
| 316 | 1. The member is not a renewed member of the Florida |
| 317 | Retirement System under s. 121.122, or a member of the State |
| 318 | Community College System Optional Retirement Program under s. |
| 319 | 121.051, the Senior Management Service Optional Annuity Program |
| 320 | under s. 121.055, or the optional retirement program for the |
| 321 | State University System under s. 121.35. |
| 322 | 2. Except as provided in subparagraph 6., election to |
| 323 | participate is made within 12 months immediately following the |
| 324 | date on which the member first reaches normal retirement date, |
| 325 | or, for a member who reaches normal retirement date based on |
| 326 | service before he or she reaches age 62, or age 55 for Special |
| 327 | Risk Class members, election to participate may be deferred to |
| 328 | the 12 months immediately following the date the member attains |
| 329 | 57, or age 52 for Special Risk Class members. For a member who |
| 330 | first reached normal retirement date or the deferred eligibility |
| 331 | date described above prior to the effective date of this |
| 332 | section, election to participate shall be made within 12 months |
| 333 | after the effective date of this section. A member who fails to |
| 334 | make an election within such 12-month limitation period shall |
| 335 | forfeit all rights to participate in the DROP. The member shall |
| 336 | advise his or her employer and the division in writing of the |
| 337 | date on which the DROP shall begin. Such beginning date may be |
| 338 | subsequent to the 12-month election period, but must be within |
| 339 | the 60-month or, with respect to members who are K-20 employees |
| 340 | of a public school district, a charter school, instructional |
| 341 | personnel employed by the Florida School for the Deaf and the |
| 342 | Blind, a community college, or a state university and who have |
| 343 | received authorization from the appropriate administrative body |
| 344 | by the Board of Trustees of the Florida School for the Deaf and |
| 345 | the Blind to participate in the DROP beyond 60 months, or who |
| 346 | are instructional personnel as defined in s. 1012.01(2)(a)-(d) |
| 347 | in grades K-12 and who have received authorization by the |
| 348 | district school superintendent to participate in the DROP beyond |
| 349 | 60 months, the 96-month limitation period as provided in |
| 350 | subparagraph (b)1. When establishing eligibility of the member |
| 351 | to participate in the DROP for the 60-month or, with respect to |
| 352 | members who are K-20 employees of a public school district, a |
| 353 | charter school, instructional personnel employed by the Florida |
| 354 | School for the Deaf and the Blind, a community college, or a |
| 355 | state university and who have received authorization from the |
| 356 | appropriate administrative body by the Board of Trustees of the |
| 357 | Florida School for the Deaf and the Blind to participate in the |
| 358 | DROP beyond 60 months, or who are instructional personnel as |
| 359 | defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have |
| 360 | received authorization by the district school superintendent to |
| 361 | participate in the DROP beyond 60 months, the 96-month maximum |
| 362 | participation period, the member may elect to include or exclude |
| 363 | any optional service credit purchased by the member from the |
| 364 | total service used to establish the normal retirement date. A |
| 365 | member with dual normal retirement dates shall be eligible to |
| 366 | elect to participate in DROP within 12 months after attaining |
| 367 | normal retirement date in either class. |
| 368 | 3. The employer of a member electing to participate in the |
| 369 | DROP, or employers if dually employed, shall acknowledge in |
| 370 | writing to the division the date the member's participation in |
| 371 | the DROP begins and the date the member's employment and DROP |
| 372 | participation will terminate. |
| 373 | 4. Simultaneous employment of a participant by additional |
| 374 | Florida Retirement System employers subsequent to the |
| 375 | commencement of participation in the DROP shall be permissible |
| 376 | provided such employers acknowledge in writing a DROP |
| 377 | termination date no later than the participant's existing |
| 378 | termination date or the 60-month limitation period as provided |
| 379 | in subparagraph (b)1. |
| 380 | 5. A DROP participant may change employers while |
| 381 | participating in the DROP, subject to the following: |
| 382 | a. A change of employment must take place without a break |
| 383 | in service so that the member receives salary for each month of |
| 384 | continuous DROP participation. If a member receives no salary |
| 385 | during a month, DROP participation shall cease unless the |
| 386 | employer verifies a continuation of the employment relationship |
| 387 | for such participant pursuant to s. 121.021(39)(b). |
| 388 | b. Such participant and new employer shall notify the |
| 389 | division on forms required by the division as to the identity of |
| 390 | the new employer. |
| 391 | c. The new employer shall acknowledge, in writing, the |
| 392 | participant's DROP termination date, which may be extended but |
| 393 | not beyond the original 60-month or, with respect to members who |
| 394 | are K-20 employees of a public school district, a charter |
| 395 | school, instructional personnel employed by the Florida School |
| 396 | for the Deaf and the Blind, a community college, or a state |
| 397 | university and who have received authorization from the |
| 398 | appropriate administrative body by the Board of Trustees of the |
| 399 | Florida School for the Deaf and the Blind to participate in the |
| 400 | DROP beyond 60 months, or who are instructional personnel as |
| 401 | defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have |
| 402 | received authorization by the district school superintendent to |
| 403 | participate in the DROP beyond 60 months, the 96-month period |
| 404 | provided in subparagraph (b)1., shall acknowledge liability for |
| 405 | any additional retirement contributions and interest required if |
| 406 | the participant fails to timely terminate employment, and shall |
| 407 | be subject to the adjustment required in sub-subparagraph |
| 408 | (c)5.d. |
| 409 | 6. Effective July 1, 2001, for instructional personnel as |
| 410 | defined in s. 1012.01(2), election to participate in the DROP |
| 411 | shall be made at any time following the date on which the member |
| 412 | first reaches normal retirement date. Effective July 1, 2004, |
| 413 | any eligible K-20 employee of a public school district, a |
| 414 | charter school, the Florida School for the Deaf and the Blind, a |
| 415 | community college, or a state university may elect to |
| 416 | participate in the DROP at any time following the date on which |
| 417 | the member first reaches normal retirement date. The member |
| 418 | shall advise his or her employer and the division in writing of |
| 419 | the date on which the Deferred Retirement Option Program shall |
| 420 | begin. When establishing eligibility of the member to |
| 421 | participate in the DROP for the 60-month or, with respect to |
| 422 | members who are K-20 employees of a public school district, a |
| 423 | charter school, instructional personnel employed by the Florida |
| 424 | School for the Deaf and the Blind, a community college, or a |
| 425 | state university and who have received authorization from the |
| 426 | appropriate administrative body by the Board of Trustees of the |
| 427 | Florida School for the Deaf and the Blind to participate in the |
| 428 | DROP beyond 60 months, or who are instructional personnel as |
| 429 | defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have |
| 430 | received authorization by the district school superintendent to |
| 431 | participate in the DROP beyond 60 months, the 96-month maximum |
| 432 | participation period, as provided in subparagraph (b)1., the |
| 433 | member may elect to include or exclude any optional service |
| 434 | credit purchased by the member from the total service used to |
| 435 | establish the normal retirement date. A member with dual normal |
| 436 | retirement dates shall be eligible to elect to participate in |
| 437 | either class. |
| 438 | (b) Participation in the DROP.-- |
| 439 | 1. An eligible member may elect to participate in the DROP |
| 440 | for a period not to exceed a maximum of 60 calendar months or, |
| 441 | with respect to members who are K-20 employees of a public |
| 442 | school district, a charter school, instructional personnel |
| 443 | employed by the Florida School for the Deaf and the Blind, a |
| 444 | community college, or a state university and who have received |
| 445 | authorization from the appropriate administrative body by the |
| 446 | Board of Trustees of the Florida School for the Deaf and the |
| 447 | Blind to participate in the DROP beyond 60 months, or who are |
| 448 | instructional personnel as defined in s. 1012.01(2)(a)-(d) in |
| 449 | grades K-12 and who have received authorization by the district |
| 450 | school superintendent to participate in the DROP beyond 60 |
| 451 | calendar months, 96 calendar months immediately following the |
| 452 | date on which the member first reaches his or her normal |
| 453 | retirement date or the date to which he or she is eligible to |
| 454 | defer his or her election to participate as provided in |
| 455 | subparagraph (a)2. However, a member who has reached normal |
| 456 | retirement date prior to the effective date of the DROP shall be |
| 457 | eligible to participate in the DROP for a period of time not to |
| 458 | exceed 60 calendar months or, with respect to members who are K- |
| 459 | 20 employees of a public school district, a charter school, |
| 460 | instructional personnel employed by the Florida School for the |
| 461 | Deaf and the Blind, a community college, or a state university |
| 462 | and who have received authorization from the appropriate |
| 463 | administrative body by the Board of Trustees of the Florida |
| 464 | School for the Deaf and the Blind to participate in the DROP |
| 465 | beyond 60 months, or who are instructional personnel as defined |
| 466 | in s. 1012.01(2)(a)-(d) in grades K-12 and who have received |
| 467 | authorization by the district school superintendent to |
| 468 | participate in the DROP beyond 60 calendar months, 96 calendar |
| 469 | months immediately following the effective date of the DROP, |
| 470 | except a member of the Special Risk Class who has reached normal |
| 471 | retirement date prior to the effective date of the DROP and |
| 472 | whose total accrued value exceeds 75 percent of average final |
| 473 | compensation as of his or her effective date of retirement shall |
| 474 | be eligible to participate in the DROP for no more than 36 |
| 475 | calendar months immediately following the effective date of the |
| 476 | DROP. |
| 477 | 2. Upon deciding to participate in the DROP, the member |
| 478 | shall submit, on forms required by the division: |
| 479 | a. A written election to participate in the DROP; |
| 480 | b. Selection of the DROP participation and termination |
| 481 | dates, which satisfy the limitations stated in paragraph (a) and |
| 482 | subparagraph 1. Such termination date shall be in a binding |
| 483 | letter of resignation with the employer, establishing a deferred |
| 484 | termination date. The member may change the termination date |
| 485 | within the limitations of subparagraph 1., but only with the |
| 486 | written approval of his or her employer; |
| 487 | c. A properly completed DROP application for service |
| 488 | retirement as provided in this section; and |
| 489 | d. Any other information required by the division. |
| 490 | 3. The DROP participant shall be a retiree under the |
| 491 | Florida Retirement System for all purposes, except for paragraph |
| 492 | (5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053, |
| 493 | and 121.122. However, participation in the DROP does not alter |
| 494 | the participant's employment status and such employee shall not |
| 495 | be deemed retired from employment until his or her deferred |
| 496 | resignation is effective and termination occurs as provided in |
| 497 | s. 121.021(39). |
| 498 | 4. Elected officers shall be eligible to participate in |
| 499 | the DROP subject to the following: |
| 500 | a. An elected officer who reaches normal retirement date |
| 501 | during a term of office may defer the election to participate in |
| 502 | the DROP until the next succeeding term in that office. Such |
| 503 | elected officer who exercises this option may participate in the |
| 504 | DROP for up to 60 calendar months or a period of no longer than |
| 505 | such succeeding term of office, whichever is less. |
| 506 | b. An elected or a nonelected participant may run for a |
| 507 | term of office while participating in DROP and, if elected, |
| 508 | extend the DROP termination date accordingly, except, however, |
| 509 | if such additional term of office exceeds the 60-month |
| 510 | limitation established in subparagraph 1., and the officer does |
| 511 | not resign from office within such 60-month limitation, the |
| 512 | retirement and the participant's DROP shall be null and void as |
| 513 | provided in sub-subparagraph (c)5.d. |
| 514 | c. An elected officer who is dually employed and elects to |
| 515 | participate in DROP shall be required to satisfy the definition |
| 516 | of termination within the 60-month or, with respect to members |
| 517 | who are K-20 employees of a public school district, a charter |
| 518 | school, instructional personnel employed by the Florida School |
| 519 | for the Deaf and the Blind, a community college, or a state |
| 520 | university and who have received authorization from the |
| 521 | appropriate administrative body by the Board of Trustees of the |
| 522 | Florida School for the Deaf and the Blind to participate in the |
| 523 | DROP beyond 60 months, or who are instructional personnel as |
| 524 | defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have |
| 525 | received authorization by the district school superintendent to |
| 526 | participate in the DROP beyond 60 months, the 96-month |
| 527 | limitation period as provided in subparagraph 1. for the |
| 528 | nonelected position and may continue employment as an elected |
| 529 | officer as provided in s. 121.053. The elected officer will be |
| 530 | enrolled as a renewed member in the Elected Officers' Class or |
| 531 | the Regular Class, as provided in ss. 121.053 and 121.22, on the |
| 532 | first day of the month after termination of employment in the |
| 533 | nonelected position and termination of DROP. Distribution of the |
| 534 | DROP benefits shall be made as provided in paragraph (c). |
| 535 | Section 3. This act shall take effect July 1, 2004, except |
| 536 | that changes effected by this act to the Deferred Retirement |
| 537 | Option Program shall take effect June 1, 2004. |