Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 688
                        Barcode 951282
                            CHAMBER ACTION
              Senate                               House
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       04/18/2005 11:39 AM         .                    
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11  The Committee on Ways and Means (Alexander) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 4, between lines 11 and 12,
16  
17  insert:  
18         Section 2.  Paragraphs (a) and (b) of subsection (13)
19  of section 121.091, Florida Statutes, are amended to read:
20         121.091  Benefits payable under the system.--Benefits
21  may not be paid under this section unless the member has
22  terminated employment as provided in s. 121.021(39)(a) or
23  begun participation in the Deferred Retirement Option Program
24  as provided in subsection (13), and a proper application has
25  been filed in the manner prescribed by the department. The
26  department may cancel an application for retirement benefits
27  when the member or beneficiary fails to timely provide the
28  information and documents required by this chapter and the
29  department's rules. The department shall adopt rules
30  establishing procedures for application for retirement
31  benefits and for the cancellation of such application when the
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 688 Barcode 951282 1 required information or documents are not received. 2 (13) DEFERRED RETIREMENT OPTION PROGRAM.--In general, 3 and subject to the provisions of this section, the Deferred 4 Retirement Option Program, hereinafter referred to as the 5 DROP, is a program under which an eligible member of the 6 Florida Retirement System may elect to participate, deferring 7 receipt of retirement benefits while continuing employment 8 with his or her Florida Retirement System employer. The 9 deferred monthly benefits shall accrue in the System Trust 10 Fund on behalf of the participant, plus interest compounded 11 monthly, for the specified period of the DROP participation, 12 as provided in paragraph (c). Upon termination of employment, 13 the participant shall receive the total DROP benefits and 14 begin to receive the previously determined normal retirement 15 benefits. Participation in the DROP does not guarantee 16 employment for the specified period of DROP. Participation in 17 the DROP by an eligible member beyond the initial 60-month 18 period as authorized in this subsection shall be on an annual 19 contractual basis for all participants. 20 (a) Eligibility of member to participate in the 21 DROP.--All active Florida Retirement System members in a 22 regularly established position, and all active members of 23 either the Teachers' Retirement System established in chapter 24 238 or the State and County Officers' and Employees' 25 Retirement System established in chapter 122 which systems are 26 consolidated within the Florida Retirement System under s. 27 121.011, are eligible to elect participation in the DROP 28 provided that: 29 1. The member is not a renewed member of the Florida 30 Retirement System under s. 121.122, or a member of the State 31 Community College System Optional Retirement Program under s. 2 9:25 AM 04/01/05 s0688c1c-wm17-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 688 Barcode 951282 1 121.051, the Senior Management Service Optional Annuity 2 Program under s. 121.055, or the optional retirement program 3 for the State University System under s. 121.35. 4 2. Except as provided in subparagraph 6., election to 5 participate is made within 12 months immediately following the 6 date on which the member first reaches normal retirement date, 7 or, for a member who reaches normal retirement date based on 8 service before he or she reaches age 62, or age 55 for Special 9 Risk Class members, election to participate may be deferred to 10 the 12 months immediately following the date the member 11 attains 57, or age 52 for Special Risk Class members. For a 12 member who first reached normal retirement date or the 13 deferred eligibility date described above prior to the 14 effective date of this section, election to participate shall 15 be made within 12 months after the effective date of this 16 section. A member who fails to make an election within such 17 12-month limitation period shall forfeit all rights to 18 participate in the DROP. The member shall advise his or her 19 employer and the division in writing of the date on which the 20 DROP shall begin. Such beginning date may be subsequent to the 21 12-month election period, but must be within the 60-month or, 22 with respect to members who are instructional personnel 23 employed by the Florida School for the Deaf and the Blind and 24 who have received authorization by the Board of Trustees of 25 the Florida School for the Deaf and the Blind to participate 26 in the DROP beyond 60 months, or who are instructional 27 personnel as defined in s. 1012.01(2)(a)-(d) in grades K-12 28 and who have received authorization by the district school 29 superintendent to participate in the DROP beyond 60 months, or 30 who are employed as faculty or staff at a state university 31 while also being employed as instructional personnel, as 3 9:25 AM 04/01/05 s0688c1c-wm17-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 688 Barcode 951282 1 defined in s. 1012.01(2), at the developmental research school 2 of that state university and who have received authorization 3 from both the state university's board of trustees and the 4 developmental research school's director or, if the school has 5 no director, the school's principal, to participate in the 6 DROP beyond 60 months, the 96-month limitation period as 7 provided in subparagraph (b)1. When establishing eligibility 8 of the member to participate in the DROP for the 60-month or, 9 with respect to members who are instructional personnel 10 employed by the Florida School for the Deaf and the Blind and 11 who have received authorization by the Board of Trustees of 12 the Florida School for the Deaf and the Blind to participate 13 in the DROP beyond 60 months, or who are instructional 14 personnel as defined in s. 1012.01(2)(a)-(d) in grades K-12 15 and who have received authorization by the district school 16 superintendent to participate in the DROP beyond 60 months, or 17 who are employed as faculty or staff at a state university 18 while also being employed as instructional personnel, as 19 defined in s. 1012.01(2), at the developmental research school 20 of that state university and who have received authorization 21 from both the state university's board of trustees and the 22 developmental research school's director or, if the school has 23 no director, the school's principal, to participate in the 24 DROP beyond 60 months, the 96-month maximum participation 25 period, the member may elect to include or exclude any 26 optional service credit purchased by the member from the total 27 service used to establish the normal retirement date. A member 28 with dual normal retirement dates shall be eligible to elect 29 to participate in DROP within 12 months after attaining normal 30 retirement date in either class. 31 3. The employer of a member electing to participate in 4 9:25 AM 04/01/05 s0688c1c-wm17-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 688 Barcode 951282 1 the DROP, or employers if dually employed, shall acknowledge 2 in writing to the division the date the member's participation 3 in the DROP begins and the date the member's employment and 4 DROP participation will terminate. 5 4. Simultaneous employment of a participant by 6 additional Florida Retirement System employers subsequent to 7 the commencement of participation in the DROP shall be 8 permissible provided such employers acknowledge in writing a 9 DROP termination date no later than the participant's existing 10 termination date or the 60-month limitation period as provided 11 in subparagraph (b)1. 12 5. A DROP participant may change employers while 13 participating in the DROP, subject to the following: 14 a. A change of employment must take place without a 15 break in service so that the member receives salary for each 16 month of continuous DROP participation. If a member receives 17 no salary during a month, DROP participation shall cease 18 unless the employer verifies a continuation of the employment 19 relationship for such participant pursuant to s. 20 121.021(39)(b). 21 b. Such participant and new employer shall notify the 22 division on forms required by the division as to the identity 23 of the new employer. 24 c. The new employer shall acknowledge, in writing, the 25 participant's DROP termination date, which may be extended but 26 not beyond the original 60-month or, with respect to members 27 who are instructional personnel employed by the Florida School 28 for the Deaf and the Blind and who have received authorization 29 by the Board of Trustees of the Florida School for the Deaf 30 and the Blind to participate in the DROP beyond 60 months, or 31 who are instructional personnel as defined in s. 5 9:25 AM 04/01/05 s0688c1c-wm17-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 688 Barcode 951282 1 1012.01(2)(a)-(d) in grades K-12 and who have received 2 authorization by the district school superintendent to 3 participate in the DROP beyond 60 months, or who are employed 4 as faculty or staff at a state university while also being 5 employed as instructional personnel, as defined in s. 6 1012.01(2), at the developmental research school of that state 7 university and who have received authorization from both the 8 state university's board of trustees and the developmental 9 research school's director or, if the school has no director, 10 the school's principal, to participate in the DROP beyond 60 11 months, the 96-month period provided in subparagraph (b)1., 12 shall acknowledge liability for any additional retirement 13 contributions and interest required if the participant fails 14 to timely terminate employment, and shall be subject to the 15 adjustment required in sub-subparagraph (c)5.d. 16 6. Effective July 1, 2001, for instructional personnel 17 as defined in s. 1012.01(2), election to participate in the 18 DROP shall be made at any time following the date on which the 19 member first reaches normal retirement date. The member shall 20 advise his or her employer and the division in writing of the 21 date on which the Deferred Retirement Option Program shall 22 begin. When establishing eligibility of the member to 23 participate in the DROP for the 60-month or, with respect to 24 members who are instructional personnel employed by the 25 Florida School for the Deaf and the Blind and who have 26 received authorization by the Board of Trustees of the Florida 27 School for the Deaf and the Blind to participate in the DROP 28 beyond 60 months, or who are instructional personnel as 29 defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have 30 received authorization by the district school superintendent 31 to participate in the DROP beyond 60 months, or who are 6 9:25 AM 04/01/05 s0688c1c-wm17-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 688 Barcode 951282 1 employed as faculty or staff at a state university while also 2 being employed as instructional personnel, as defined in s. 3 1012.01(2), at the developmental research school of that state 4 university and who have received authorization from both the 5 state university's board of trustees and the developmental 6 research school's director or, if the school has no director, 7 the school's principal, to participate in the DROP beyond 60 8 months, the 96-month maximum participation period, as provided 9 in subparagraph (b)1., the member may elect to include or 10 exclude any optional service credit purchased by the member 11 from the total service used to establish the normal retirement 12 date. A member with dual normal retirement dates shall be 13 eligible to elect to participate in either class. 14 (b) Participation in the DROP.-- 15 1. An eligible member may elect to participate in the 16 DROP for a period not to exceed a maximum of 60 calendar 17 months or, with respect to members who are instructional 18 personnel employed by the Florida School for the Deaf and the 19 Blind and who have received authorization by the Board of 20 Trustees of the Florida School for the Deaf and the Blind to 21 participate in the DROP beyond 60 months, or who are 22 instructional personnel as defined in s. 1012.01(2)(a)-(d) in 23 grades K-12 and who have received authorization by the 24 district school superintendent to participate in the DROP 25 beyond 60 calendar months, or who are employed as faculty or 26 staff at a state university while also being employed as 27 instructional personnel, as defined in s. 1012.01(2), at the 28 developmental research school of that state university and who 29 have received authorization from both the state university's 30 board of trustees and the developmental research school's 31 director or, if the school has no director, the school's 7 9:25 AM 04/01/05 s0688c1c-wm17-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 688 Barcode 951282 1 principal, to participate in the DROP beyond 60 months, 96 2 calendar months immediately following the date on which the 3 member first reaches his or her normal retirement date or the 4 date to which he or she is eligible to defer his or her 5 election to participate as provided in subparagraph (a)2. 6 However, a member who has reached normal retirement date prior 7 to the effective date of the DROP shall be eligible to 8 participate in the DROP for a period of time not to exceed 60 9 calendar months or, with respect to members who are 10 instructional personnel employed by the Florida School for the 11 Deaf and the Blind and who have received authorization by the 12 Board of Trustees of the Florida School for the Deaf and the 13 Blind to participate in the DROP beyond 60 months, or who are 14 instructional personnel as defined in s. 1012.01(2)(a)-(d) in 15 grades K-12 and who have received authorization by the 16 district school superintendent to participate in the DROP 17 beyond 60 calendar months, or who are employed as faculty or 18 staff at a state university while also being employed as 19 instructional personnel, as defined in s. 1012.01(2), at the 20 developmental research school of that state university and who 21 have received authorization from both the state university's 22 board of trustees and the developmental research school's 23 director or, if the school has no director, the school's 24 principal, to participate in the DROP beyond 60 months, 96 25 calendar months immediately following the effective date of 26 the DROP, except a member of the Special Risk Class who has 27 reached normal retirement date prior to the effective date of 28 the DROP and whose total accrued value exceeds 75 percent of 29 average final compensation as of his or her effective date of 30 retirement shall be eligible to participate in the DROP for no 31 more than 36 calendar months immediately following the 8 9:25 AM 04/01/05 s0688c1c-wm17-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 688 Barcode 951282 1 effective date of the DROP. 2 2. Upon deciding to participate in the DROP, the 3 member shall submit, on forms required by the division: 4 a. A written election to participate in the DROP; 5 b. Selection of the DROP participation and termination 6 dates, which satisfy the limitations stated in paragraph (a) 7 and subparagraph 1. Such termination date shall be in a 8 binding letter of resignation with the employer, establishing 9 a deferred termination date. The member may change the 10 termination date within the limitations of subparagraph 1., 11 but only with the written approval of his or her employer; 12 c. A properly completed DROP application for service 13 retirement as provided in this section; and 14 d. Any other information required by the division. 15 3. The DROP participant shall be a retiree under the 16 Florida Retirement System for all purposes, except for 17 paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363, 18 121.053, and 121.122. However, participation in the DROP does 19 not alter the participant's employment status and such 20 employee shall not be deemed retired from employment until his 21 or her deferred resignation is effective and termination 22 occurs as provided in s. 121.021(39). 23 4. Elected officers shall be eligible to participate 24 in the DROP subject to the following: 25 a. An elected officer who reaches normal retirement 26 date during a term of office may defer the election to 27 participate in the DROP until the next succeeding term in that 28 office. Such elected officer who exercises this option may 29 participate in the DROP for up to 60 calendar months or a 30 period of no longer than such succeeding term of office, 31 whichever is less. 9 9:25 AM 04/01/05 s0688c1c-wm17-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 688 Barcode 951282 1 b. An elected or a nonelected participant may run for 2 a term of office while participating in DROP and, if elected, 3 extend the DROP termination date accordingly, except, however, 4 if such additional term of office exceeds the 60-month 5 limitation established in subparagraph 1., and the officer 6 does not resign from office within such 60-month limitation, 7 the retirement and the participant's DROP shall be null and 8 void as provided in sub-subparagraph (c)5.d. 9 c. An elected officer who is dually employed and 10 elects to participate in DROP shall be required to satisfy the 11 definition of termination within the 60-month or, with respect 12 to members who are instructional personnel employed by the 13 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 months, or who are 20 employed as faculty or staff at a state university while also 21 being employed as instructional personnel, as defined in s. 22 1012.01(2), at the developmental research school of that state 23 university and who have received authorization from both the 24 state university's board of trustees and the developmental 25 research school's director or, if the school has no director, 26 the school's principal, to participate in the DROP beyond 60 27 months, the 96-month limitation period as provided in 28 subparagraph 1. for the nonelected position and may continue 29 employment as an elected officer as provided in s. 121.053. 30 The elected officer will be enrolled as a renewed member in 31 the Elected Officers' Class or the Regular Class, as provided 10 9:25 AM 04/01/05 s0688c1c-wm17-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 688 Barcode 951282 1 in ss. 121.053 and 121.22, on the first day of the month after 2 termination of employment in the nonelected position and 3 termination of DROP. Distribution of the DROP benefits shall 4 be made as provided in paragraph (c). 5 6 (Redesignate subsequent sections.) 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 On page 1, line 12, following the semicolon 12 13 insert: 14 amending s. 121.091, F.S.; authorizing extended 15 participation in the DROP program for certain 16 instructional personnel at state university 17 developmental research schools; 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11 9:25 AM 04/01/05 s0688c1c-wm17-bz1