Senate Bill sb1514

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    Florida Senate - 2005                                  SB 1514

    By Senator Posey





    24-154-05

  1                      A bill to be entitled

  2         An act relating to the Deferred Retirement

  3         Option Program; amending s. 121.091, F.S.;

  4         authorizing members of the Special Risk Class

  5         of the Florida Retirement System to participate

  6         in the DROP for an additional 36 months when

  7         those members are certified to do so by the

  8         administrator of the applicable employing

  9         agency; providing an effective date.

10  

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

12  

13         Section 1.  Paragraphs (a) and (b) of subsection (13)

14  of section 121.091, Florida Statutes, are amended to read:

15         121.091  Benefits payable under the system.--Benefits

16  may not be paid under this section unless the member has

17  terminated employment as provided in s. 121.021(39)(a) or

18  begun participation in the Deferred Retirement Option Program

19  as provided in subsection (13), and a proper application has

20  been filed in the manner prescribed by the department. The

21  department may cancel an application for retirement benefits

22  when the member or beneficiary fails to timely provide the

23  information and documents required by this chapter and the

24  department's rules. The department shall adopt rules

25  establishing procedures for application for retirement

26  benefits and for the cancellation of such application when the

27  required information or documents are not received.

28         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,

29  and subject to the provisions of this section, the Deferred

30  Retirement Option Program, hereinafter referred to as the

31  DROP, is a program under which an eligible member of the

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 1  Florida Retirement System may elect to participate, deferring

 2  receipt of retirement benefits while continuing employment

 3  with his or her Florida Retirement System employer. The

 4  deferred monthly benefits shall accrue in the System Trust

 5  Fund on behalf of the participant, plus interest compounded

 6  monthly, for the specified period of the DROP participation,

 7  as provided in paragraph (c). Upon termination of employment,

 8  the participant shall receive the total DROP benefits and

 9  begin to receive the previously determined normal retirement

10  benefits. Participation in the DROP does not guarantee

11  employment for the specified period of DROP. Participation in

12  the DROP by an eligible member beyond the initial 60-month

13  period as authorized in this subsection shall be on an annual

14  contractual basis for all participants.

15         (a)  Eligibility of member to participate in the

16  DROP.--All active Florida Retirement System members in a

17  regularly established position, and all active members of

18  either the Teachers' Retirement System established in chapter

19  238 or the State and County Officers' and Employees'

20  Retirement System established in chapter 122 which systems are

21  consolidated within the Florida Retirement System under s.

22  121.011, are eligible to elect participation in the DROP

23  provided that:

24         1.  The member is not a renewed member of the Florida

25  Retirement System under s. 121.122, or a member of the State

26  Community College System Optional Retirement Program under s.

27  121.051, the Senior Management Service Optional Annuity

28  Program under s. 121.055, or the optional retirement program

29  for the State University System under s. 121.35.

30         2.  Except as provided in subparagraph 6., election to

31  participate is made within 12 months immediately following the

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 1  date on which the member first reaches normal retirement date,

 2  or, for a member who reaches normal retirement date based on

 3  service before he or she reaches age 62, or age 55 for Special

 4  Risk Class members, election to participate may be deferred to

 5  the 12 months immediately following the date the member

 6  attains 57, or age 52 for Special Risk Class members. For a

 7  member who first reached normal retirement date or the

 8  deferred eligibility date described above prior to the

 9  effective date of this section, election to participate shall

10  be made within 12 months after the effective date of this

11  section. A member who fails to make an election within such

12  12-month limitation period shall forfeit all rights to

13  participate in the DROP. The member shall advise his or her

14  employer and the division in writing of the date on which the

15  DROP shall begin. Such beginning date may be subsequent to the

16  12-month election period, but must be within the 60-month or,

17  with respect to members who are instructional personnel

18  employed by the Florida School for the Deaf and the Blind and

19  who have received authorization by the Board of Trustees of

20  the Florida School for the Deaf and the Blind to participate

21  in the DROP beyond 60 months, or who are instructional

22  personnel as defined in s. 1012.01(2)(a)-(d) in grades K-12

23  and who have received authorization by the district school

24  superintendent to participate in the DROP beyond 60 months, or

25  who are members of the Special Risk Class who have been

26  certified by the administrators of their respective employing

27  agencies to participate in the DROP beyond 60 calendar months,

28  the 96-month limitation period as provided in subparagraph

29  (b)1. When establishing eligibility of the member to

30  participate in the DROP for the 60-month or, with respect to

31  members who are instructional personnel employed by the

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 1  Florida School for the Deaf and the Blind and who have

 2  received authorization by the Board of Trustees of the Florida

 3  School for the Deaf and the Blind to participate in the DROP

 4  beyond 60 months, or who are instructional personnel as

 5  defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have

 6  received authorization by the district school superintendent

 7  to participate in the DROP beyond 60 months, or who are

 8  members of the Special Risk Class who have been certified by

 9  the administrators of their respective employing agencies to

10  participate in the DROP beyond 60 calendar months, the

11  96-month maximum participation period, the member may elect to

12  include or exclude any optional service credit purchased by

13  the member from the total service used to establish the normal

14  retirement date. A member with dual normal retirement dates

15  shall be eligible to elect to participate in DROP within 12

16  months after attaining normal retirement date in either class.

17         3.  The employer of a member electing to participate in

18  the DROP, or employers if dually employed, shall acknowledge

19  in writing to the division the date the member's participation

20  in the DROP begins and the date the member's employment and

21  DROP participation will terminate.

22         4.  Simultaneous employment of a participant by

23  additional Florida Retirement System employers subsequent to

24  the commencement of participation in the DROP shall be

25  permissible provided such employers acknowledge in writing a

26  DROP termination date no later than the participant's existing

27  termination date or the 60-month limitation period as provided

28  in subparagraph (b)1.

29         5.  A DROP participant may change employers while

30  participating in the DROP, subject to the following:

31  

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 1         a.  A change of employment must take place without a

 2  break in service so that the member receives salary for each

 3  month of continuous DROP participation.  If a member receives

 4  no salary during a month, DROP participation shall cease

 5  unless the employer verifies a continuation of the employment

 6  relationship for such participant pursuant to s.

 7  121.021(39)(b).

 8         b.  Such participant and new employer shall notify the

 9  division on forms required by the division as to the identity

10  of the new employer.

11         c.  The new employer shall acknowledge, in writing, the

12  participant's DROP termination date, which may be extended but

13  not beyond the original 60-month or, with respect to members

14  who are instructional personnel employed by the Florida School

15  for the Deaf and the Blind and who have received authorization

16  by the Board of Trustees of the Florida School for the Deaf

17  and the Blind to participate in the DROP beyond 60 months, or

18  who are instructional personnel as defined in s.

19  1012.01(2)(a)-(d) in grades K-12 and who have received

20  authorization by the district school superintendent to

21  participate in the DROP beyond 60 months, or who are members

22  of the Special Risk Class who have been certified by the

23  administrators of their respective employing agencies to

24  participate in the DROP beyond 60 calendar months, the

25  96-month period provided in subparagraph (b)1., shall

26  acknowledge liability for any additional retirement

27  contributions and interest required if the participant fails

28  to timely terminate employment, and shall be subject to the

29  adjustment required in sub-subparagraph (c)5.d.

30         6.  Effective July 1, 2001, for instructional personnel

31  as defined in s. 1012.01(2), election to participate in the

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 1  DROP shall be made at any time following the date on which the

 2  member first reaches normal retirement date. The member shall

 3  advise his or her employer and the division in writing of the

 4  date on which the Deferred Retirement Option Program shall

 5  begin. When establishing eligibility of the member to

 6  participate in the DROP for the 60-month or, with respect to

 7  members who are instructional personnel employed by the

 8  Florida School for the Deaf and the Blind and who have

 9  received authorization by the Board of Trustees of the Florida

10  School for the Deaf and the Blind to participate in the DROP

11  beyond 60 months, or who are instructional personnel as

12  defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have

13  received authorization by the district school superintendent

14  to participate in the DROP beyond 60 months, the 96-month

15  maximum participation period, as provided in subparagraph

16  (b)1., the member may elect to include or exclude any optional

17  service credit purchased by the member from the total service

18  used to establish the normal retirement date. A member with

19  dual normal retirement dates shall be eligible to elect to

20  participate in either class.

21         (b)  Participation in the DROP.--

22         1.  An eligible member may elect to participate in the

23  DROP for a period not to exceed a maximum of 60 calendar

24  months or, with respect to members who are instructional

25  personnel employed by the Florida School for the Deaf and the

26  Blind and who have received authorization by the Board of

27  Trustees of the Florida School for the Deaf and the Blind to

28  participate in the DROP beyond 60 months, or who are

29  instructional personnel as defined in s. 1012.01(2)(a)-(d) in

30  grades K-12 and who have received authorization by the

31  district school superintendent to participate in the DROP

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 1  beyond 60 calendar months, or who are members of the Special

 2  Risk Class who have been certified by the administrators of

 3  their respective employing agencies to participate in the DROP

 4  beyond 60 calendar months, 96 calendar months immediately

 5  following the date on which the member first reaches his or

 6  her normal retirement date or the date to which he or she is

 7  eligible to defer his or her election to participate as

 8  provided in subparagraph (a)2. However, a member who has

 9  reached normal retirement date prior to the effective date of

10  the DROP shall be eligible to participate in the DROP for a

11  period of time not to exceed 60 calendar months or, with

12  respect to members who are instructional personnel employed by

13  the Florida School for the Deaf and the Blind and who have

14  received authorization by the Board of Trustees of the Florida

15  School for the Deaf and the Blind to participate in the DROP

16  beyond 60 months, or who are instructional personnel as

17  defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have

18  received authorization by the district school superintendent

19  to participate in the DROP beyond 60 calendar months, 96

20  calendar months immediately following the effective date of

21  the DROP, except a member of the Special Risk Class who has

22  reached normal retirement date prior to the effective date of

23  the DROP and whose total accrued value exceeds 75 percent of

24  average final compensation as of his or her effective date of

25  retirement shall be eligible to participate in the DROP for no

26  more than 36 calendar months immediately following the

27  effective date of the DROP.

28         2.  Upon deciding to participate in the DROP, the

29  member shall submit, on forms required by the division:

30         a.  A written election to participate in the DROP;

31  

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 1         b.  Selection of the DROP participation and termination

 2  dates, which satisfy the limitations stated in paragraph (a)

 3  and subparagraph 1. Such termination date shall be in a

 4  binding letter of resignation with the employer, establishing

 5  a deferred termination date. The member may change the

 6  termination date within the limitations of subparagraph 1.,

 7  but only with the written approval of his or her employer;

 8         c.  A properly completed DROP application for service

 9  retirement as provided in this section; and

10         d.  Any other information required by the division.

11         3.  The DROP participant shall be a retiree under the

12  Florida Retirement System for all purposes, except for

13  paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363,

14  121.053, and 121.122. However, participation in the DROP does

15  not alter the participant's employment status and such

16  employee shall not be deemed retired from employment until his

17  or her deferred resignation is effective and termination

18  occurs as provided in s. 121.021(39).

19         4.  Elected officers shall be eligible to participate

20  in the DROP subject to the following:

21         a.  An elected officer who reaches normal retirement

22  date during a term of office may defer the election to

23  participate in the DROP until the next succeeding term in that

24  office. Such elected officer who exercises this option may

25  participate in the DROP for up to 60 calendar months or a

26  period of no longer than such succeeding term of office,

27  whichever is less.

28         b.  An elected or a nonelected participant may run for

29  a term of office while participating in DROP and, if elected,

30  extend the DROP termination date accordingly, except, however,

31  if such additional term of office exceeds the 60-month

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 1  limitation established in subparagraph 1., and the officer

 2  does not resign from office within such 60-month limitation,

 3  the retirement and the participant's DROP shall be null and

 4  void as provided in sub-subparagraph (c)5.d.

 5         c.  An elected officer who is dually employed and

 6  elects to participate in DROP shall be required to satisfy the

 7  definition of termination within the 60-month or, with respect

 8  to members who are instructional personnel employed by the

 9  Florida School for the Deaf and the Blind and who have

10  received authorization by the Board of Trustees of the Florida

11  School for the Deaf and the Blind to participate in the DROP

12  beyond 60 months, or who are instructional personnel as

13  defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have

14  received authorization by the district school superintendent

15  to participate in the DROP beyond 60 months, or who are

16  members of the Special Risk Class who have been certified by

17  the administrators of their respective employing agencies to

18  participate in the DROP beyond 60 calendar months, the

19  96-month limitation period as provided in subparagraph 1. for

20  the nonelected position and may continue employment as an

21  elected officer as provided in s. 121.053. The elected officer

22  will be enrolled as a renewed member in the Elected Officers'

23  Class or the Regular Class, as provided in ss. 121.053 and

24  121.22, on the first day of the month after termination of

25  employment in the nonelected position and termination of DROP.

26  Distribution of the DROP benefits shall be made as provided in

27  paragraph (c).

28         Section 2.  This act shall take effect upon becoming a

29  law.

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Provides for an additional 36 months of participation in
      the Deferred Retirement Option Program for members of the
 4    Special Risk Class of the Florida Retirement System when
      the administrators of the respective members' employing
 5    agencies certify such extended participation.

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