Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1446
                        Barcode 404016
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Governmental Oversight and Productivity
12  (Argenziano) recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 1, line 26,
16  
17  insert:  
18         Section 1.  Subsection (39) of section 121.021, Florida
19  Statutes, is amended to read:
20         121.021  Definitions.--The following words and phrases
21  as used in this chapter have the respective meanings set forth
22  unless a different meaning is plainly required by the context:
23         (39)(a)  "Termination" occurs, except as provided in
24  paragraph (b), when a member ceases all employment
25  relationships with employers under this system, as defined in
26  subsection (10), but in the event a member should be employed
27  by any such employer within the next calendar month,
28  termination shall be deemed not to have occurred. A leave of
29  absence shall constitute a continuation of the employment
30  relationship, except that a leave of absence without pay due
31  to disability may constitute termination for a member, if such
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1446 Barcode 404016 1 member makes application for and is approved for disability 2 retirement in accordance with s. 121.091(4). The department 3 or board may require other evidence of termination as it deems 4 necessary. 5 (b) "Termination" for a member electing to participate 6 under the Deferred Retirement Option Program occurs when the 7 Deferred Retirement Option Program participant ceases all 8 employment relationships with employers under this system in 9 accordance with s. 121.091(13), but in the event the Deferred 10 Retirement Option Program participant should be employed by 11 any such employer within the next calendar month, termination 12 will be deemed not to have occurred, except as provided in s. 13 121.091(13)(b)4.c. A leave of absence shall constitute a 14 continuation of the employment relationship. 15 Section 2. Subsection (9) of section 121.091, Florida 16 Statutes, is amended to read: 17 121.091 Benefits payable under the system.--Benefits 18 may not be paid under this section unless the member has 19 terminated employment as provided in s. 121.021(39)(a) or 20 begun participation in the Deferred Retirement Option Program 21 as provided in subsection (13), and a proper application has 22 been filed in the manner prescribed by the department. The 23 department may cancel an application for retirement benefits 24 when the member or beneficiary fails to timely provide the 25 information and documents required by this chapter and the 26 department's rules. The department shall adopt rules 27 establishing procedures for application for retirement 28 benefits and for the cancellation of such application when the 29 required information or documents are not received. 30 (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.-- 31 (a) Any person who is retired under this chapter, 2 1:10 PM 03/14/05 s1446.go03.0aa
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1446 Barcode 404016 1 except under the disability retirement provisions of 2 subsection (4), may be employed by an employer that does not 3 participate in a state-administered retirement system and may 4 receive compensation from that employment without limiting or 5 restricting in any way the retirement benefits payable to that 6 person. 7 (b)1. Any person who is retired under this chapter, 8 except under the disability retirement provisions of 9 subsection (4), may be reemployed by any private or public 10 employer after retirement and receive retirement benefits and 11 compensation from his or her employer without any limitations, 12 except that a person may not receive both a salary from 13 reemployment with any agency participating in the Florida 14 Retirement System and retirement benefits under this chapter 15 for a period of 12 months immediately subsequent to the date 16 of retirement. However, a DROP participant shall continue 17 employment and receive a salary during the period of 18 participation in the Deferred Retirement Option Program, as 19 provided in subsection (13). 20 2. Any person to whom the limitation in subparagraph 21 1. applies who violates such reemployment limitation and who 22 is reemployed with any agency participating in the Florida 23 Retirement System before completion of the 12-month limitation 24 period shall give timely notice of this fact in writing to the 25 employer and to the division and shall have his or her 26 retirement benefits suspended for the balance of the 12-month 27 limitation period. Any person employed in violation of this 28 paragraph and any employing agency which knowingly employs or 29 appoints such person without notifying the Division of 30 Retirement to suspend retirement benefits shall be jointly and 31 severally liable for reimbursement to the retirement trust 3 1:10 PM 03/14/05 s1446.go03.0aa
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1446 Barcode 404016 1 fund of any benefits paid during the reemployment limitation 2 period. To avoid liability, such employing agency shall have 3 a written statement from the retiree that he or she is not 4 retired from a state-administered retirement system. Any 5 retirement benefits received while reemployed during this 6 reemployment limitation period shall be repaid to the 7 retirement trust fund, and retirement benefits shall remain 8 suspended until such repayment has been made. Benefits 9 suspended beyond the reemployment limitation shall apply 10 toward repayment of benefits received in violation of the 11 reemployment limitation. 12 3. A district school board may reemploy a retired 13 member as a substitute or hourly teacher, education 14 paraprofessional, transportation assistant, bus driver, or 15 food service worker on a noncontractual basis after he or she 16 has been retired for 1 calendar month, in accordance with s. 17 121.021(39). A district school board may reemploy a retired 18 member as instructional personnel, as defined in s. 19 1012.01(2)(a), on an annual contractual basis after he or she 20 has been retired for 1 calendar month, in accordance with s. 21 121.021(39). Any other retired member who is reemployed within 22 1 calendar month after retirement shall void his or her 23 application for retirement benefits. District school boards 24 reemploying such teachers, education paraprofessionals, 25 transportation assistants, bus drivers, or food service 26 workers are subject to the retirement contribution required by 27 subparagraph 7. 28 4. A community college board of trustees may reemploy 29 a retired member as an adjunct instructor, that is, an 30 instructor who is noncontractual and part-time, or as a 31 participant in a phased retirement program within the Florida 4 1:10 PM 03/14/05 s1446.go03.0aa
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1446 Barcode 404016 1 Community College System, after he or she has been retired for 2 1 calendar month, in accordance with s. 121.021(39). Any 3 retired member who is reemployed within 1 calendar month after 4 retirement shall void his or her application for retirement 5 benefits. Boards of trustees reemploying such instructors are 6 subject to the retirement contribution required in 7 subparagraph 7. A retired member may be reemployed as an 8 adjunct instructor for no more than 780 hours during the first 9 12 months of retirement. Any retired member reemployed for 10 more than 780 hours during the first 12 months of retirement 11 shall give timely notice in writing to the employer and to the 12 division of the date he or she will exceed the limitation. 13 The division shall suspend his or her retirement benefits for 14 the remainder of the first 12 months of retirement. Any 15 person employed in violation of this subparagraph and any 16 employing agency which knowingly employs or appoints such 17 person without notifying the Division of Retirement to suspend 18 retirement benefits shall be jointly and severally liable for 19 reimbursement to the retirement trust fund of any benefits 20 paid during the reemployment limitation period. To avoid 21 liability, such employing agency shall have a written 22 statement from the retiree that he or she is not retired from 23 a state-administered retirement system. Any retirement 24 benefits received by a retired member while reemployed in 25 excess of 780 hours during the first 12 months of retirement 26 shall be repaid to the Retirement System Trust Fund, and 27 retirement benefits shall remain suspended until repayment is 28 made. Benefits suspended beyond the end of the retired 29 member's first 12 months of retirement shall apply toward 30 repayment of benefits received in violation of the 780-hour 31 reemployment limitation. 5 1:10 PM 03/14/05 s1446.go03.0aa
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1446 Barcode 404016 1 5. The State University System may reemploy a retired 2 member as an adjunct faculty member or as a participant in a 3 phased retirement program within the State University System 4 after the retired member has been retired for 1 calendar 5 month, in accordance with s. 121.021(39). Any retired member 6 who is reemployed within 1 calendar month after retirement 7 shall void his or her application for retirement benefits. 8 The State University System is subject to the retired 9 contribution required in subparagraph 7., as appropriate. A 10 retired member may be reemployed as an adjunct faculty member 11 or a participant in a phased retirement program for no more 12 than 780 hours during the first 12 months of his or her 13 retirement. Any retired member reemployed for more than 780 14 hours during the first 12 months of retirement shall give 15 timely notice in writing to the employer and to the division 16 of the date he or she will exceed the limitation. The 17 division shall suspend his or her retirement benefits for the 18 remainder of the first 12 months of retirement. Any person 19 employed in violation of this subparagraph and any employing 20 agency which knowingly employs or appoints such person without 21 notifying the Division of Retirement to suspend retirement 22 benefits shall be jointly and severally liable for 23 reimbursement to the retirement trust fund of any benefits 24 paid during the reemployment limitation period. To avoid 25 liability, such employing agency shall have a written 26 statement from the retiree that he or she is not retired from 27 a state-administered retirement system. Any retirement 28 benefits received by a retired member while reemployed in 29 excess of 780 hours during the first 12 months of retirement 30 shall be repaid to the Retirement System Trust Fund, and 31 retirement benefits shall remain suspended until repayment is 6 1:10 PM 03/14/05 s1446.go03.0aa
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1446 Barcode 404016 1 made. Benefits suspended beyond the end of the retired 2 member's first 12 months of retirement shall apply toward 3 repayment of benefits received in violation of the 780-hour 4 reemployment limitation. 5 6. The Board of Trustees of the Florida School for the 6 Deaf and the Blind may reemploy a retired member as a 7 substitute teacher, substitute residential instructor, or 8 substitute nurse on a noncontractual basis after he or she has 9 been retired for 1 calendar month, in accordance with s. 10 121.021(39). Any retired member who is reemployed within 1 11 calendar month after retirement shall void his or her 12 application for retirement benefits. The Board of Trustees of 13 the Florida School for the Deaf and the Blind reemploying such 14 teachers, residential instructors, or nurses is subject to the 15 retirement contribution required by subparagraph 7. 16 Reemployment of a retired member as a substitute teacher, 17 substitute residential instructor, or substitute nurse is 18 limited to 780 hours during the first 12 months of his or her 19 retirement. Any retired member reemployed for more than 780 20 hours during the first 12 months of retirement shall give 21 timely notice in writing to the employer and to the division 22 of the date he or she will exceed the limitation. The division 23 shall suspend his or her retirement benefits for the remainder 24 of the first 12 months of retirement. Any person employed in 25 violation of this subparagraph and any employing agency which 26 knowingly employs or appoints such person without notifying 27 the Division of Retirement to suspend retirement benefits 28 shall be jointly and severally liable for reimbursement to the 29 retirement trust fund of any benefits paid during the 30 reemployment limitation period. To avoid liability, such 31 employing agency shall have a written statement from the 7 1:10 PM 03/14/05 s1446.go03.0aa
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1446 Barcode 404016 1 retiree that he or she is not retired from a 2 state-administered retirement system. Any retirement benefits 3 received by a retired member while reemployed in excess of 780 4 hours during the first 12 months of retirement shall be repaid 5 to the Retirement System Trust Fund, and his or her retirement 6 benefits shall remain suspended until payment is made. 7 Benefits suspended beyond the end of the retired member's 8 first 12 months of retirement shall apply toward repayment of 9 benefits received in violation of the 780-hour reemployment 10 limitation. 11 7. The employment by an employer of any retiree or 12 DROP participant of any state-administered retirement system 13 shall have no effect on the average final compensation or 14 years of creditable service of the retiree or DROP 15 participant. Prior to July 1, 1991, upon employment of any 16 person, other than an elected officer as provided in s. 17 121.053, who has been retired under any state-administered 18 retirement program, the employer shall pay retirement 19 contributions in an amount equal to the unfunded actuarial 20 liability portion of the employer contribution which would be 21 required for regular members of the Florida Retirement System. 22 Effective July 1, 1991, contributions shall be made as 23 provided in s. 121.122 for retirees with renewed membership or 24 subsection (13) with respect to DROP participants. 25 8. Any person who has previously retired and who is 26 holding an elective public office or an appointment to an 27 elective public office eligible for the Elected Officers' 28 Class on or after July 1, 1990, shall be enrolled in the 29 Florida Retirement System as provided in s. 121.053(1)(b) or, 30 if holding an elective public office that does not qualify for 31 the Elected Officers' Class on or after July 1, 1991, shall be 8 1:10 PM 03/14/05 s1446.go03.0aa
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1446 Barcode 404016 1 enrolled in the Florida Retirement System as provided in s. 2 121.122, and shall continue to receive retirement benefits as 3 well as compensation for the elected officer's service for as 4 long as he or she remains in elective office. However, any 5 retired member who served in an elective office prior to July 6 1, 1990, suspended his or her retirement benefit, and had his 7 or her Florida Retirement System membership reinstated shall, 8 upon retirement from such office, have his or her retirement 9 benefit recalculated to include the additional service and 10 compensation earned. 11 9. Any person who is holding an elective public office 12 which is covered by the Florida Retirement System and who is 13 concurrently employed in nonelected covered employment may 14 elect to retire while continuing employment in the elective 15 public office, provided that he or she shall be required to 16 terminate his or her nonelected covered employment. Any 17 person who exercises this election shall receive his or her 18 retirement benefits in addition to the compensation of the 19 elective office without regard to the time limitations 20 otherwise provided in this subsection. No person who seeks to 21 exercise the provisions of this subparagraph, as the same 22 existed prior to May 3, 1984, shall be deemed to be retired 23 under those provisions, unless such person is eligible to 24 retire under the provisions of this subparagraph, as amended 25 by chapter 84-11, Laws of Florida. 26 10. The limitations of this paragraph apply to 27 reemployment in any capacity with an "employer" as defined in 28 s. 121.021(10), irrespective of the category of funds from 29 which the person is compensated. 30 11. An employing agency may reemploy a retired member 31 as a firefighter or paramedic after the retired member has 9 1:10 PM 03/14/05 s1446.go03.0aa
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1446 Barcode 404016 1 been retired for 1 calendar month, in accordance with s. 2 121.021(39). Any retired member who is reemployed within 1 3 calendar month after retirement shall void his or her 4 application for retirement benefits. The employing agency 5 reemploying such firefighter or paramedic is subject to the 6 retired contribution required in subparagraph 8. Reemployment 7 of a retired firefighter or paramedic is limited to no more 8 than 780 hours during the first 12 months of his or her 9 retirement. Any retired member reemployed for more than 780 10 hours during the first 12 months of retirement shall give 11 timely notice in writing to the employer and to the division 12 of the date he or she will exceed the limitation. The division 13 shall suspend his or her retirement benefits for the remainder 14 of the first 12 months of retirement. Any person employed in 15 violation of this subparagraph and any employing agency which 16 knowingly employs or appoints such person without notifying 17 the Division of Retirement to suspend retirement benefits 18 shall be jointly and severally liable for reimbursement to the 19 Retirement System Trust Fund of any benefits paid during the 20 reemployment limitation period. To avoid liability, such 21 employing agency shall have a written statement from the 22 retiree that he or she is not retired from a 23 state-administered retirement system. Any retirement benefits 24 received by a retired member while reemployed in excess of 780 25 hours during the first 12 months of retirement shall be repaid 26 to the Retirement System Trust Fund, and retirement benefits 27 shall remain suspended until repayment is made. Benefits 28 suspended beyond the end of the retired member's first 12 29 months of retirement shall apply toward repayment of benefits 30 received in violation of the 780-hour reemployment limitation. 31 (c) The provisions of this subsection apply to 10 1:10 PM 03/14/05 s1446.go03.0aa
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1446 Barcode 404016 1 retirees, as defined in s. 121.4501(2)(j), F.S., of the Public 2 Employee Optional Retirement Program created in Part II of 3 this Chapter, subject to the following conditions: 4 1. Such retirees may not be reemployed with an 5 employer participating in the Florida Retirement System as 6 provided in paragraph (b) until such person has been retired 7 for 3 calendar months, unless the participant has reached the 8 normal retirement requirements of the defined benefit plan as 9 provided in s. 121.021(29), F.S. 10 2. Such retiree employed in violation of this 11 subsection and any employing agency which knowingly employs or 12 appoints such person shall be jointly and severally liable for 13 reimbursement of any benefits paid to the retirement trust 14 fund from which the benefits were paid, including the 15 Retirement System Trust Fund and the Public Employee Optional 16 Retirement Program Trust Fund, as appropriate. To avoid 17 liability, such employing agency shall have a written 18 statement from the retiree that he or she is not retired from 19 a state-administered retirement system. 20 21 (Redesignate subsequent sections.) 22 23 24 ================ T I T L E A M E N D M E N T =============== 25 And the title is amended as follows: 26 On page 1, line 2, after the semicolon 27 28 insert: 29 amending s. 121.021, F.S., clarifying that the 30 State Board of Administration may require 31 evidence of termination; amending s. 121.091, 11 1:10 PM 03/14/05 s1446.go03.0aa
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1446 Barcode 404016 1 F.S., to provide that a member of the Public 2 Employee Optional Retirement Program may not 3 return to employment with an employer under the 4 Florida Retirement System until after being 5 terminated for 3 calendar months; providing an 6 exception for those members who have reached 7 the normal retirement requirements of the 8 defined benefit plan; 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 12 1:10 PM 03/14/05 s1446.go03.0aa