Senate Bill sb1064

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    Florida Senate - 2006                                  SB 1064

    By Senator Clary





    4-839-06

  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

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

  4         the period of time in which members of the

  5         system who are employed as administrative

  6         personnel in grades K-12 may participate in the

  7         Deferred Retirement Option Program; providing a

  8         declaration of important state interest;

  9         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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    Florida Senate - 2006                                  SB 1064
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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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    Florida Senate - 2006                                  SB 1064
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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) or administrative

23  personnel as defined in s. 1012.01(3) in grades K-12 and who

24  have received authorization by the district school

25  superintendent to participate in the DROP beyond 60 months,

26  the 96-month limitation period as provided in subparagraph

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

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

29  members who are instructional personnel employed by the

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

31  received authorization by the Board of Trustees of the Florida

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    Florida Senate - 2006                                  SB 1064
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 1  School for the Deaf and the Blind to participate in the DROP

 2  beyond 60 months, or who are instructional personnel as

 3  defined in s. 1012.01(2)(a)-(d) or administrative personnel as

 4  defined in s. 1012.01(3) in grades K-12 and who have received

 5  authorization by the district school superintendent to

 6  participate in the DROP beyond 60 months, the 96-month maximum

 7  participation period, the member may elect to include or

 8  exclude any optional service credit purchased by the member

 9  from the total service used to establish the normal retirement

10  date. A member with dual normal retirement dates shall be

11  eligible to elect to participate in DROP within 12 months

12  after attaining normal retirement date in either class.

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

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

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

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

17  DROP participation will terminate.

18         4.  Simultaneous employment of a participant by

19  additional Florida Retirement System employers subsequent to

20  the commencement of participation in the DROP shall be

21  permissible provided such employers acknowledge in writing a

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

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

24  in subparagraph (b)1.

25         5.  A DROP participant may change employers while

26  participating in the DROP, subject to the following:

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

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

29  month of continuous DROP participation.  If a member receives

30  no salary during a month, DROP participation shall cease

31  unless the employer verifies a continuation of the employment

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    Florida Senate - 2006                                  SB 1064
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 1  relationship for such participant pursuant to s.

 2  121.021(39)(b).

 3         b.  Such participant and new employer shall notify the

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

 5  of the new employer.

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

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

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

 9  who are instructional personnel employed by the Florida School

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

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

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

13  who are instructional personnel as defined in s.

14  1012.01(2)(a)-(d) or administrative personnel as defined in s.

15  1012.01(3) in grades K-12 and who have received authorization

16  by the district school superintendent to participate in the

17  DROP beyond 60 months, the 96-month period provided in

18  subparagraph (b)1., shall acknowledge liability for any

19  additional retirement contributions and interest required if

20  the participant fails to timely terminate employment, and

21  shall be subject to the adjustment required in

22  sub-subparagraph (c)5.d.

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

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

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

26  member first reaches normal retirement date. The member shall

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

28  date on which the Deferred Retirement Option Program shall

29  begin. 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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    Florida Senate - 2006                                  SB 1064
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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) or administrative personnel as

 6  defined in s. 1012.01(3) in grades K-12 and who have received

 7  authorization by the district school superintendent to

 8  participate in the DROP beyond 60 months, the 96-month maximum

 9  participation period, as provided in subparagraph (b)1., the

10  member may elect to include or exclude any optional service

11  credit purchased by the member from the total service used to

12  establish the normal retirement date. A member with dual

13  normal retirement dates shall be eligible to elect to

14  participate in either class.

15         (b)  Participation in the DROP.--

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

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

18  months or, with respect to members who are instructional

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

20  Blind and who have received authorization by the Board of

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

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

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

24  administrative personnel as defined in s. 1012.01(3) in grades

25  K-12 and who have received authorization by the district

26  school superintendent to participate in the DROP beyond 60

27  calendar months, 96 calendar months immediately following the

28  date on which the member first reaches his or her normal

29  retirement date or the date to which he or she is eligible to

30  defer his or her election to participate as provided in

31  subparagraph (a)2. However, a member who has reached normal

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    Florida Senate - 2006                                  SB 1064
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 1  retirement date prior to the effective date of the DROP shall

 2  be eligible to participate in the DROP for a period of time

 3  not to exceed 60 calendar months or, with respect to members

 4  who are instructional personnel employed by the Florida School

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

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

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

 8  who are instructional personnel as defined in s.

 9  1012.01(2)(a)-(d) or administrative personnel as defined in s.

10  1012.01(3) in grades K-12 and who have received authorization

11  by the district school superintendent to participate in the

12  DROP beyond 60 calendar months, 96 calendar months immediately

13  following the effective date of the DROP, except a member of

14  the Special Risk Class who has reached normal retirement date

15  prior to the effective date of the DROP and whose total

16  accrued value exceeds 75 percent of average final compensation

17  as of his or her effective date of retirement shall be

18  eligible to participate in the DROP for no more than 36

19  calendar months immediately following the effective date of

20  the DROP.

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

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

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

24         b.  Selection of the DROP participation and termination

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

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

27  binding letter of resignation with the employer, establishing

28  a deferred termination date. The member may change the

29  termination date within the limitations of subparagraph 1.,

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

31  

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    Florida Senate - 2006                                  SB 1064
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 1         c.  A properly completed DROP application for service

 2  retirement as provided in this section; and

 3         d.  Any other information required by the division.

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

 5  Florida Retirement System for all purposes, except for

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

 7  121.053, and 121.122. However, participation in the DROP does

 8  not alter the participant's employment status and such

 9  employee shall not be deemed retired from employment until his

10  or her deferred resignation is effective and termination

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

12         4.  Elected officers shall be eligible to participate

13  in the DROP subject to the following:

14         a.  An elected officer who reaches normal retirement

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

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

17  office. Such elected officer who exercises this option may

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

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

20  whichever is less.

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

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

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

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

25  limitation established in subparagraph 1., and the officer

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

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

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

29         c.  An elected officer who is dually employed and

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

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

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    Florida Senate - 2006                                  SB 1064
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 1  to members who are instructional personnel employed by the

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

 3  received authorization by the Board of Trustees of the Florida

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

 5  beyond 60 months, or who are instructional personnel as

 6  defined in s. 1012.01(2)(a)-(d) or administrative personnel as

 7  defined in s. 1012.01(3) in grades K-12 and who have received

 8  authorization by the district school superintendent to

 9  participate in the DROP beyond 60 months, the 96-month

10  limitation period as provided in subparagraph 1. for the

11  nonelected position and may continue employment as an elected

12  officer as provided in s. 121.053. The elected officer will be

13  enrolled as a renewed member in the Elected Officers' Class or

14  the Regular Class, as provided in ss. 121.053 and 121.122, on

15  the first day of the month after termination of employment in

16  the nonelected position and termination of DROP. Distribution

17  of the DROP benefits shall be made as provided in paragraph

18  (c).

19         Section 2.  The Legislature finds that a proper and

20  legitimate state purpose is served when employees and retirees

21  of the state and of its political subdivisions, and the

22  dependents, survivors, and beneficiaries of such employees and

23  retirees, are extended the basic protections afforded by

24  governmental retirement systems that provide fair and adequate

25  benefits and that are managed, administered, and funded in an

26  actuarially sound manner as required by s. 14, Art. X of the

27  State Constitution and part VII of chapter 112, Florida

28  Statutes. Therefore, the Legislature determines and declares

29  that this act fulfills an important state interest.

30         Section 3.  This act shall take effect upon becoming a

31  law.

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 2                          SENATE SUMMARY

 3    Authorizes school administrative personnel an additional
      36 months of DROP participation, in the same manner as
 4    instructional personnel.

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