Senate Bill sb0814

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    Florida Senate - 2005                                   SB 814

    By Senator Posey





    24-627-05

  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

  3         System; amending s. 121.091, F.S.; prescribing

  4         conditions for the reemployment of a retired

  5         member of the system as a law enforcement

  6         officer, correctional officer, or correctional

  7         probation officer; providing an effective date.

  8  

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

10  

11         Section 1.  Paragraph (b) of subsection (9) of section

12  121.091, Florida Statutes, is amended to read:

13         121.091  Benefits payable under the system.--Benefits

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

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

16  begun participation in the Deferred Retirement Option Program

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

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

19  department may cancel an application for retirement benefits

20  when the member or beneficiary fails to timely provide the

21  information and documents required by this chapter and the

22  department's rules. The department shall adopt rules

23  establishing procedures for application for retirement

24  benefits and for the cancellation of such application when the

25  required information or documents are not received.

26         (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--

27         (b)1.  Any person who is retired under this chapter,

28  except under the disability retirement provisions of

29  subsection (4), may be reemployed by any private or public

30  employer after retirement and receive retirement benefits and

31  compensation from his or her employer without any limitations,

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 1  except that a person may not receive both a salary from

 2  reemployment with any agency participating in the Florida

 3  Retirement System and retirement benefits under this chapter

 4  for a period of 12 months immediately subsequent to the date

 5  of retirement. However, a DROP participant shall continue

 6  employment and receive a salary during the period of

 7  participation in the Deferred Retirement Option Program, as

 8  provided in subsection (13).

 9         2.  Any person to whom the limitation in subparagraph

10  1. applies who violates such reemployment limitation and who

11  is reemployed with any agency participating in the Florida

12  Retirement System before completion of the 12-month limitation

13  period shall give timely notice of this fact in writing to the

14  employer and to the division and shall have his or her

15  retirement benefits suspended for the balance of the 12-month

16  limitation period.  Any person employed in violation of this

17  paragraph and any employing agency which knowingly employs or

18  appoints such person without notifying the Division of

19  Retirement to suspend retirement benefits shall be jointly and

20  severally liable for reimbursement to the retirement trust

21  fund of any benefits paid during the reemployment limitation

22  period.  To avoid liability, such employing agency shall have

23  a written statement from the retiree that he or she is not

24  retired from a state-administered retirement system.  Any

25  retirement benefits received while reemployed during this

26  reemployment limitation period shall be repaid to the

27  retirement trust fund, and retirement benefits shall remain

28  suspended until such repayment has been made.  Benefits

29  suspended beyond the reemployment limitation shall apply

30  toward repayment of benefits received in violation of the

31  reemployment limitation.

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 1         3.  A district school board may reemploy a retired

 2  member as a substitute or hourly teacher, education

 3  paraprofessional, transportation assistant, bus driver, or

 4  food service worker on a noncontractual basis after he or she

 5  has been retired for 1 calendar month, in accordance with s.

 6  121.021(39). A district school board may reemploy a retired

 7  member as instructional personnel, as defined in s.

 8  1012.01(2)(a), on an annual contractual basis after he or she

 9  has been retired for 1 calendar month, in accordance with s.

10  121.021(39). Any other retired member who is reemployed within

11  1 calendar month after retirement shall void his or her

12  application for retirement benefits. District school boards

13  reemploying such teachers, education paraprofessionals,

14  transportation assistants, bus drivers, or food service

15  workers are subject to the retirement contribution required by

16  subparagraph 7.

17         4.  A community college board of trustees may reemploy

18  a retired member as an adjunct instructor, that is, an

19  instructor who is noncontractual and part-time, or as a

20  participant in a phased retirement program within the Florida

21  Community College System, after he or she has been retired for

22  1 calendar month, in accordance with s. 121.021(39).  Any

23  retired member who is reemployed within 1 calendar month after

24  retirement shall void his or her application for retirement

25  benefits.  Boards of trustees reemploying such instructors are

26  subject to the retirement contribution required in

27  subparagraph 7.  A retired member may be reemployed as an

28  adjunct instructor for no more than 780 hours during the first

29  12 months of retirement.  Any retired member reemployed for

30  more than 780 hours during the first 12 months of retirement

31  shall give timely notice in writing to the employer and to the

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 1  division of the date he or she will exceed the limitation.

 2  The division shall suspend his or her retirement benefits for

 3  the remainder of the first 12 months of retirement.  Any

 4  person employed in violation of this subparagraph and any

 5  employing agency which knowingly employs or appoints such

 6  person without notifying the Division of Retirement to suspend

 7  retirement benefits shall be jointly and severally liable for

 8  reimbursement to the retirement trust fund of any benefits

 9  paid during the reemployment limitation period.  To avoid

10  liability, such employing agency shall have a written

11  statement from the retiree that he or she is not retired from

12  a state-administered retirement system. Any retirement

13  benefits received by a retired member while reemployed in

14  excess of 780 hours during the first 12 months of retirement

15  shall be repaid to the Retirement System Trust Fund, and

16  retirement benefits shall remain suspended until repayment is

17  made.  Benefits suspended beyond the end of the retired

18  member's first 12 months of retirement shall apply toward

19  repayment of benefits received in violation of the 780-hour

20  reemployment limitation.

21         5.  The State University System may reemploy a retired

22  member as an adjunct faculty member or as a participant in a

23  phased retirement program within the State University System

24  after the retired member has been retired for 1 calendar

25  month, in accordance with s. 121.021(39).  Any retired member

26  who is reemployed within 1 calendar month after retirement

27  shall void his or her application for retirement benefits.

28  The State University System is subject to the retired

29  contribution required in subparagraph 7., as appropriate. A

30  retired member may be reemployed as an adjunct faculty member

31  or a participant in a phased retirement program for no more

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 1  than 780 hours during the first 12 months of his or her

 2  retirement.  Any retired member reemployed for more than 780

 3  hours during the first 12 months of retirement shall give

 4  timely notice in writing to the employer and to the division

 5  of the date he or she will exceed the limitation.  The

 6  division shall suspend his or her retirement benefits for the

 7  remainder of the first 12 months of retirement. Any person

 8  employed in violation of this subparagraph and any employing

 9  agency which knowingly employs or appoints such person without

10  notifying the Division of Retirement to suspend retirement

11  benefits shall be jointly and severally liable for

12  reimbursement to the retirement trust fund of any benefits

13  paid during the reemployment limitation period.  To avoid

14  liability, such employing agency shall have a written

15  statement from the retiree that he or she is not retired from

16  a state-administered retirement system. Any retirement

17  benefits received by a retired member while reemployed in

18  excess of 780 hours during the first 12 months of retirement

19  shall be repaid to the Retirement System Trust Fund, and

20  retirement benefits shall remain suspended until repayment is

21  made.  Benefits suspended beyond the end of the retired

22  member's first 12 months of retirement shall apply toward

23  repayment of benefits received in violation of the 780-hour

24  reemployment limitation.

25         6.  The Board of Trustees of the Florida School for the

26  Deaf and the Blind may reemploy a retired member as a

27  substitute teacher, substitute residential instructor, or

28  substitute nurse on a noncontractual basis after he or she has

29  been retired for 1 calendar month, in accordance with s.

30  121.021(39).  Any retired member who is reemployed within 1

31  calendar month after retirement shall void his or her

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 1  application for retirement benefits. The Board of Trustees of

 2  the Florida School for the Deaf and the Blind reemploying such

 3  teachers, residential instructors, or nurses is subject to the

 4  retirement contribution required by subparagraph 7.

 5  Reemployment of a retired member as a substitute teacher,

 6  substitute residential instructor, or substitute nurse is

 7  limited to 780 hours during the first 12 months of his or her

 8  retirement. Any retired member reemployed for more than 780

 9  hours during the first 12 months of retirement shall give

10  timely notice in writing to the employer and to the division

11  of the date he or she will exceed the limitation. The division

12  shall suspend his or her retirement benefits for the remainder

13  of the first 12 months of retirement. Any person employed in

14  violation of this subparagraph and any employing agency which

15  knowingly employs or appoints such person without notifying

16  the Division of Retirement to suspend retirement benefits

17  shall be jointly and severally liable for reimbursement to the

18  retirement trust fund of any benefits paid during the

19  reemployment limitation period. To avoid liability, such

20  employing agency shall have a written statement from the

21  retiree that he or she is not retired from a

22  state-administered retirement system. Any retirement benefits

23  received by a retired member while reemployed in excess of 780

24  hours during the first 12 months of retirement shall be repaid

25  to the Retirement System Trust Fund, and his or her retirement

26  benefits shall remain suspended until payment is made.

27  Benefits suspended beyond the end of the retired member's

28  first 12 months of retirement shall apply toward repayment of

29  benefits received in violation of the 780-hour reemployment

30  limitation.

31  

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 1         7.  The employment by an employer of any retiree or

 2  DROP participant of any state-administered retirement system

 3  shall have no effect on the average final compensation or

 4  years of creditable service of the retiree or DROP

 5  participant.  Prior to July 1, 1991, upon employment of any

 6  person, other than an elected officer as provided in s.

 7  121.053, who has been retired under any state-administered

 8  retirement program, the employer shall pay retirement

 9  contributions in an amount equal to the unfunded actuarial

10  liability portion of the employer contribution which would be

11  required for regular members of the Florida Retirement System.

12  Effective July 1, 1991, contributions shall be made as

13  provided in s. 121.122 for retirees with renewed membership or

14  subsection (13) with respect to DROP participants.

15         8.  Any person who has previously retired and who is

16  holding an elective public office or an appointment to an

17  elective public office eligible for the Elected Officers'

18  Class on or after July 1, 1990, shall be enrolled in the

19  Florida Retirement System as provided in s. 121.053(1)(b) or,

20  if holding an elective public office that does not qualify for

21  the Elected Officers' Class on or after July 1, 1991, shall be

22  enrolled in the Florida Retirement System as provided in s.

23  121.122, and shall continue to receive retirement benefits as

24  well as compensation for the elected officer's service for as

25  long as he or she remains in elective office. However, any

26  retired member who served in an elective office prior to July

27  1, 1990, suspended his or her retirement benefit, and had his

28  or her Florida Retirement System membership reinstated shall,

29  upon retirement from such office, have his or her retirement

30  benefit recalculated to include the additional service and

31  compensation earned.

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 1         9.  Any person who is holding an elective public office

 2  which is covered by the Florida Retirement System and who is

 3  concurrently employed in nonelected covered employment may

 4  elect to retire while continuing employment in the elective

 5  public office, provided that he or she shall be required to

 6  terminate his or her nonelected covered employment.  Any

 7  person who exercises this election shall receive his or her

 8  retirement benefits in addition to the compensation of the

 9  elective office without regard to the time limitations

10  otherwise provided in this subsection.  No person who seeks to

11  exercise the provisions of this subparagraph, as the same

12  existed prior to May 3, 1984, shall be deemed to be retired

13  under those provisions, unless such person is eligible to

14  retire under the provisions of this subparagraph, as amended

15  by chapter 84-11, Laws of Florida.

16         10.  The limitations of this paragraph apply to

17  reemployment in any capacity with an "employer" as defined in

18  s. 121.021(10), irrespective of the category of funds from

19  which the person is compensated.

20         11.  An employing agency may reemploy a retired member

21  as a firefighter or paramedic after the retired member has

22  been retired for 1 calendar month, in accordance with s.

23  121.021(39). Any retired member who is reemployed within 1

24  calendar month after retirement shall void his or her

25  application for retirement benefits. The employing agency

26  reemploying such firefighter or paramedic is subject to the

27  retired contribution required in subparagraph 8. Reemployment

28  of a retired firefighter or paramedic is limited to no more

29  than 780 hours during the first 12 months of his or her

30  retirement. Any retired member reemployed for more than 780

31  hours during the first 12 months of retirement shall give

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 1  timely notice in writing to the employer and to the division

 2  of the date he or she will exceed the limitation. The division

 3  shall suspend his or her retirement benefits for the remainder

 4  of the first 12 months of retirement. Any person employed in

 5  violation of this subparagraph and any employing agency which

 6  knowingly employs or appoints such person without notifying

 7  the Division of Retirement to suspend retirement benefits

 8  shall be jointly and severally liable for reimbursement to the

 9  Retirement System Trust Fund of any benefits paid during the

10  reemployment limitation period. To avoid liability, such

11  employing agency shall have a written statement from the

12  retiree that he or she is not retired from a

13  state-administered retirement system. Any retirement benefits

14  received by a retired member while reemployed in excess of 780

15  hours during the first 12 months of retirement shall be repaid

16  to the Retirement System Trust Fund, and retirement benefits

17  shall remain suspended until repayment is made. Benefits

18  suspended beyond the end of the retired member's first 12

19  months of retirement shall apply toward repayment of benefits

20  received in violation of the 780-hour reemployment limitation.

21         12.  An employing agency may reemploy a retired member

22  as a law enforcement officer, correctional officer, or

23  correctional probation officer only in a part-time capacity

24  after the member has been retired 1 calendar month, in

25  accordance with s. 121.021(39). Any retired member who is

26  reemployed within 1 calendar month after retirement shall void

27  his or her application for retirement benefits. The employing

28  agency reemploying such law enforcement officer, correctional

29  officer, or correctional probation officer is subject to the

30  retired contributions required in subparagraph 7. Reemployment

31  of a law enforcement officer, correctional officer, or

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 1  correctional probation officer is limited to no more than 780

 2  hours during the first 12 months of his or her retirement. Any

 3  retired member reemployed for more than 780 hours during the

 4  first 12 months of retirement shall give timely notice in

 5  writing to the employer and to the division of the date he or

 6  she will exceed the limitation. The division shall suspend his

 7  or her retirement benefits for the remainder of the first 12

 8  months of retirement. A person employed in violation of this

 9  subparagraph and an employing agency that knowingly employs or

10  appoints such person without notifying the Division of

11  Retirement to suspend retirement benefits are jointly and

12  severally liable for reimbursement to the Retirement System

13  Trust Fund of any benefits paid during the reemployment

14  limitation period. To avoid liability, such employing agency

15  shall have a written statement from the retiree that he or she

16  is not retired from a state-administered retirement system.

17  Any retirement benefits received by a retired member while

18  reemployed in excess of 780 hours during the first 12 months

19  of retirement shall be repaid to the Retirement System Trust

20  Fund, and retirement benefits shall remain suspended until

21  repayment is made. Benefits suspended beyond the end of the

22  retired member's first 12 months of retirement shall apply

23  toward repayment of benefits received in violation of the

24  780-hour reemployment limitation. This subparagraph does not

25  preclude an employing agency from reemploying a retired member

26  full time after the member's first 12 months of retirement.

27         Section 2.  This act shall take effect July 1, 2005.

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

 2                          SENATE SUMMARY

 3    Provides that a retired member of the Florida Retirement
      System may be reemployed as a law enforcement officer,
 4    correctional officer, or correctional probation officer
      after the first calendar month of retirement part time
 5    only. Prescribes a limit of 780 hours on the amount of
      such employment during the first year of retirement and
 6    provides for suspension of benefits if the limit is
      exceeded.
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