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. |