| 1 | Representative Brummer offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove line 65 and insert: |
| 5 | Section 5. Sections 6 through 8 of this act may be cited |
| 6 | as the "Officer Malcolm Thompson Act." |
| 7 | Section 6. It is declared by the Legislature that members |
| 8 | of the Special Risk Class, as defined in this act, perform state |
| 9 | and municipal functions; that it is their duty to protect life |
| 10 | and property at their own risk and peril; that it is their duty |
| 11 | to continuously instruct school personnel, public officials, and |
| 12 | private citizens about safety; and that their activities are |
| 13 | vital to the public safety. Therefore, the Legislature declares |
| 14 | that it is a proper and legitimate state purpose to provide a |
| 15 | uniform retirement system for the benefit of members of the |
| 16 | Special Risk Class, as defined in this act, and intends, in |
| 17 | implementing the provisions of s. 14, Art. X of the State |
| 18 | Constitution as they relate to municipal and special district |
| 19 | pension trust fund systems and plans, that such retirement |
| 20 | systems or plans be managed, administered, operated, and funded |
| 21 | in such manner as to maximize the protection of pension trust |
| 22 | funds. Pursuant to s. 18, Art. VII of the State Constitution, |
| 23 | the Legislature hereby determines and declares that the |
| 24 | provisions of this act fulfill an important state interest. |
| 25 | Section 7. Subsection (9) of section 121.091, Florida |
| 26 | Statutes, is amended to read: |
| 27 | 121.091 Benefits payable under the system.--Benefits may |
| 28 | not be paid under this section unless the member has terminated |
| 29 | employment as provided in s. 121.021(39)(a) or begun |
| 30 | participation in the Deferred Retirement Option Program as |
| 31 | provided in subsection (13), and a proper application has been |
| 32 | filed in the manner prescribed by the department. The department |
| 33 | may cancel an application for retirement benefits when the |
| 34 | member or beneficiary fails to timely provide the information |
| 35 | and documents required by this chapter and the department's |
| 36 | rules. The department shall adopt rules establishing procedures |
| 37 | for application for retirement benefits and for the cancellation |
| 38 | of such application when the required information or documents |
| 39 | are not received. |
| 40 | (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.-- |
| 41 | (a)1. Except as provided in subparagraph 2., any person |
| 42 | who is retired under this chapter, except under the disability |
| 43 | retirement provisions of subsection (4), may be employed by an |
| 44 | employer that does not participate in a state-administered |
| 45 | retirement system and may receive compensation from that |
| 46 | employment without limiting or restricting in any way the |
| 47 | retirement benefits payable to that person. |
| 48 | 2. Any member of the Special Risk Class who retired under |
| 49 | the disability retirement provisions of paragraph (4)(b) may be |
| 50 | reemployed by any employer not participating in a state- |
| 51 | administered retirement system in any position other than the |
| 52 | position in which he or she was employed at the time of the |
| 53 | disabling illness or injury and may receive compensation from |
| 54 | that employment without limiting or restricting in any way the |
| 55 | disability benefits payable to that person under the Florida |
| 56 | Retirement System. |
| 57 | (b)1.a. Except as provided in sub-subparagraph b., any |
| 58 | person who is retired under this chapter, except under the |
| 59 | disability retirement provisions of subsection (4), may be |
| 60 | reemployed by any private or public employer after retirement |
| 61 | and receive retirement benefits and compensation from his or her |
| 62 | employer without any limitations, except that a person may not |
| 63 | receive both a salary from reemployment with any agency |
| 64 | participating in the Florida Retirement System and retirement |
| 65 | benefits under this chapter for a period of 12 months |
| 66 | immediately subsequent to the date of retirement. However, a |
| 67 | DROP participant shall continue employment and receive a salary |
| 68 | during the period of participation in the Deferred Retirement |
| 69 | Option Program, as provided in subsection (13). |
| 70 | b. Any member of the Special Risk Class who retired under |
| 71 | the disability retirement provisions of paragraph (4)(b) may be |
| 72 | reemployed by any employer participating in a state-administered |
| 73 | retirement system after having been retired for 1 calendar |
| 74 | month, in accordance with s. 121.021(39), provided such |
| 75 | reemployment is not in the Special Risk Class. After 1 calendar |
| 76 | month of retirement, any such retired member may be reemployed |
| 77 | in any position other than the one in which he or she was |
| 78 | employed at the time of disability retirement and may receive |
| 79 | compensation from that employment without limiting or |
| 80 | restricting in any way the retirement benefits payable to that |
| 81 | person under this chapter. Any retired member who is reemployed |
| 82 | within 1 calendar month after retirement shall void his or her |
| 83 | application for retirement benefits. |
| 84 | 2. Any person to whom the limitation in subparagraph 1. |
| 85 | applies who violates such reemployment limitation and who is |
| 86 | reemployed with any agency participating in the Florida |
| 87 | Retirement System before completion of the 12-month limitation |
| 88 | period shall give timely notice of this fact in writing to the |
| 89 | employer and to the division and shall have his or her |
| 90 | retirement benefits suspended for the balance of the 12-month |
| 91 | limitation period. Any person employed in violation of this |
| 92 | paragraph and any employing agency which knowingly employs or |
| 93 | appoints such person without notifying the Division of |
| 94 | Retirement to suspend retirement benefits shall be jointly and |
| 95 | severally liable for reimbursement to the retirement trust fund |
| 96 | of any benefits paid during the reemployment limitation period. |
| 97 | To avoid liability, such employing agency shall have a written |
| 98 | statement from the retiree that he or she is not retired from a |
| 99 | state-administered retirement system. Any retirement benefits |
| 100 | received while reemployed during this reemployment limitation |
| 101 | period shall be repaid to the retirement trust fund, and |
| 102 | retirement benefits shall remain suspended until such repayment |
| 103 | has been made. Benefits suspended beyond the reemployment |
| 104 | limitation shall apply toward repayment of benefits received in |
| 105 | violation of the reemployment limitation. |
| 106 | 3. A district school board may reemploy a retired member |
| 107 | as a substitute or hourly teacher, education paraprofessional, |
| 108 | transportation assistant, bus driver, or food service worker on |
| 109 | a noncontractual basis after he or she has been retired for 1 |
| 110 | calendar month, in accordance with s. 121.021(39). A district |
| 111 | school board may reemploy a retired member as instructional |
| 112 | personnel, as defined in s. 1012.01(2)(a), on an annual |
| 113 | contractual basis after he or she has been retired for 1 |
| 114 | calendar month, in accordance with s. 121.021(39). Any other |
| 115 | retired member who is reemployed within 1 calendar month after |
| 116 | retirement shall void his or her application for retirement |
| 117 | benefits. District school boards reemploying such teachers, |
| 118 | education paraprofessionals, transportation assistants, bus |
| 119 | drivers, or food service workers are subject to the retirement |
| 120 | contribution required by subparagraph 7. |
| 121 | 4. A community college board of trustees may reemploy a |
| 122 | retired member as an adjunct instructor, that is, an instructor |
| 123 | who is noncontractual and part-time, or as a participant in a |
| 124 | phased retirement program within the Florida Community College |
| 125 | System, after he or she has been retired for 1 calendar month, |
| 126 | in accordance with s. 121.021(39). Any retired member who is |
| 127 | reemployed within 1 calendar month after retirement shall void |
| 128 | his or her application for retirement benefits. Boards of |
| 129 | trustees reemploying such instructors are subject to the |
| 130 | retirement contribution required in subparagraph 7. A retired |
| 131 | member may be reemployed as an adjunct instructor for no more |
| 132 | than 780 hours during the first 12 months of retirement. Any |
| 133 | retired member reemployed for more than 780 hours during the |
| 134 | first 12 months of retirement shall give timely notice in |
| 135 | writing to the employer and to the division of the date he or |
| 136 | she will exceed the limitation. The division shall suspend his |
| 137 | or her retirement benefits for the remainder of the first 12 |
| 138 | months of retirement. Any person employed in violation of this |
| 139 | subparagraph and any employing agency which knowingly employs or |
| 140 | appoints such person without notifying the Division of |
| 141 | Retirement to suspend retirement benefits shall be jointly and |
| 142 | severally liable for reimbursement to the retirement trust fund |
| 143 | of any benefits paid during the reemployment limitation period. |
| 144 | To avoid liability, such employing agency shall have a written |
| 145 | statement from the retiree that he or she is not retired from a |
| 146 | state-administered retirement system. Any retirement benefits |
| 147 | received by a retired member while reemployed in excess of 780 |
| 148 | hours during the first 12 months of retirement shall be repaid |
| 149 | to the Retirement System Trust Fund, and retirement benefits |
| 150 | shall remain suspended until repayment is made. Benefits |
| 151 | suspended beyond the end of the retired member's first 12 months |
| 152 | of retirement shall apply toward repayment of benefits received |
| 153 | in violation of the 780-hour reemployment limitation. |
| 154 | 5. The State University System may reemploy a retired |
| 155 | member as an adjunct faculty member or as a participant in a |
| 156 | phased retirement program within the State University System |
| 157 | after the retired member has been retired for 1 calendar month, |
| 158 | in accordance with s. 121.021(39). Any retired member who is |
| 159 | reemployed within 1 calendar month after retirement shall void |
| 160 | his or her application for retirement benefits. The State |
| 161 | University System is subject to the retirement retired |
| 162 | contribution required in subparagraph 7., as appropriate. A |
| 163 | retired member may be reemployed as an adjunct faculty member or |
| 164 | a participant in a phased retirement program for no more than |
| 165 | 780 hours during the first 12 months of his or her retirement. |
| 166 | Any retired member reemployed for more than 780 hours during the |
| 167 | first 12 months of retirement shall give timely notice in |
| 168 | writing to the employer and to the division of the date he or |
| 169 | she will exceed the limitation. The division shall suspend his |
| 170 | or her retirement benefits for the remainder of the first 12 |
| 171 | months of retirement. Any person employed in violation of this |
| 172 | subparagraph and any employing agency which knowingly employs or |
| 173 | appoints such person without notifying the Division of |
| 174 | Retirement to suspend retirement benefits shall be jointly and |
| 175 | severally liable for reimbursement to the retirement trust fund |
| 176 | of any benefits paid during the reemployment limitation period. |
| 177 | To avoid liability, such employing agency shall have a written |
| 178 | statement from the retiree that he or she is not retired from a |
| 179 | state-administered retirement system. Any retirement benefits |
| 180 | received by a retired member while reemployed in excess of 780 |
| 181 | hours during the first 12 months of retirement shall be repaid |
| 182 | to the Retirement System Trust Fund, and retirement benefits |
| 183 | shall remain suspended until repayment is made. Benefits |
| 184 | suspended beyond the end of the retired member's first 12 months |
| 185 | of retirement shall apply toward repayment of benefits received |
| 186 | in violation of the 780-hour reemployment limitation. |
| 187 | 6. The Board of Trustees of the Florida School for the |
| 188 | Deaf and the Blind may reemploy a retired member as a substitute |
| 189 | teacher, substitute residential instructor, or substitute nurse |
| 190 | on a noncontractual basis after he or she has been retired for 1 |
| 191 | calendar month, in accordance with s. 121.021(39). Any retired |
| 192 | member who is reemployed within 1 calendar month after |
| 193 | retirement shall void his or her application for retirement |
| 194 | benefits. The Board of Trustees of the Florida School for the |
| 195 | Deaf and the Blind reemploying such teachers, residential |
| 196 | instructors, or nurses is subject to the retirement contribution |
| 197 | required by subparagraph 7. Reemployment of a retired member as |
| 198 | a substitute teacher, substitute residential instructor, or |
| 199 | substitute nurse is limited to 780 hours during the first 12 |
| 200 | months of his or her retirement. Any retired member reemployed |
| 201 | for more than 780 hours during the first 12 months of retirement |
| 202 | shall give timely notice in writing to the employer and to the |
| 203 | division of the date he or she will exceed the limitation. The |
| 204 | division shall suspend his or her retirement benefits for the |
| 205 | remainder of the first 12 months of retirement. Any person |
| 206 | employed in violation of this subparagraph and any employing |
| 207 | agency which knowingly employs or appoints such person without |
| 208 | notifying the Division of Retirement to suspend retirement |
| 209 | benefits shall be jointly and severally liable for reimbursement |
| 210 | to the retirement trust fund of any benefits paid during the |
| 211 | reemployment limitation period. To avoid liability, such |
| 212 | employing agency shall have a written statement from the retiree |
| 213 | that he or she is not retired from a state-administered |
| 214 | retirement system. Any retirement benefits received by a retired |
| 215 | member while reemployed in excess of 780 hours during the first |
| 216 | 12 months of retirement shall be repaid to the Retirement System |
| 217 | Trust Fund, and his or her retirement benefits shall remain |
| 218 | suspended until payment is made. Benefits suspended beyond the |
| 219 | end of the retired member's first 12 months of retirement shall |
| 220 | apply toward repayment of benefits received in violation of the |
| 221 | 780-hour reemployment limitation. |
| 222 | 7. The employment by an employer of any retiree or DROP |
| 223 | participant of any state-administered retirement system shall |
| 224 | have no effect on the average final compensation or years of |
| 225 | creditable service of the retiree or DROP participant. Prior to |
| 226 | July 1, 1991, upon employment of any person, other than an |
| 227 | elected officer as provided in s. 121.053, who has been retired |
| 228 | under any state-administered retirement program, the employer |
| 229 | shall pay retirement contributions in an amount equal to the |
| 230 | unfunded actuarial liability portion of the employer |
| 231 | contribution which would be required for regular members of the |
| 232 | Florida Retirement System. Effective July 1, 1991, contributions |
| 233 | shall be made as provided in s. 121.122 for retirees with |
| 234 | renewed membership or subsection (13) with respect to DROP |
| 235 | participants. |
| 236 | 8. Any person who has previously retired and who is |
| 237 | holding an elective public office or an appointment to an |
| 238 | elective public office eligible for the Elected Officers' Class |
| 239 | on or after July 1, 1990, shall be enrolled in the Florida |
| 240 | Retirement System as provided in s. 121.053(1)(b) or, if holding |
| 241 | an elective public office that does not qualify for the Elected |
| 242 | Officers' Class on or after July 1, 1991, shall be enrolled in |
| 243 | the Florida Retirement System as provided in s. 121.122, and |
| 244 | shall continue to receive retirement benefits as well as |
| 245 | compensation for the elected officer's service for as long as he |
| 246 | or she remains in elective office. However, any retired member |
| 247 | who served in an elective office prior to July 1, 1990, |
| 248 | suspended his or her retirement benefit, and had his or her |
| 249 | Florida Retirement System membership reinstated shall, upon |
| 250 | retirement from such office, have his or her retirement benefit |
| 251 | recalculated to include the additional service and compensation |
| 252 | earned. |
| 253 | 9. Any person who is holding an elective public office |
| 254 | which is covered by the Florida Retirement System and who is |
| 255 | concurrently employed in nonelected covered employment may elect |
| 256 | to retire while continuing employment in the elective public |
| 257 | office, provided that he or she shall be required to terminate |
| 258 | his or her nonelected covered employment. Any person who |
| 259 | exercises this election shall receive his or her retirement |
| 260 | benefits in addition to the compensation of the elective office |
| 261 | without regard to the time limitations otherwise provided in |
| 262 | this subsection. No person who seeks to exercise the provisions |
| 263 | of this subparagraph, as the same existed prior to May 3, 1984, |
| 264 | shall be deemed to be retired under those provisions, unless |
| 265 | such person is eligible to retire under the provisions of this |
| 266 | subparagraph, as amended by chapter 84-11, Laws of Florida. |
| 267 | 10. The limitations of this paragraph apply to |
| 268 | reemployment in any capacity with an "employer" as defined in s. |
| 269 | 121.021(10), irrespective of the category of funds from which |
| 270 | the person is compensated. |
| 271 | 11. Except as provided in subparagraph 12., an employing |
| 272 | agency may reemploy a retired member as a firefighter or |
| 273 | paramedic after the retired member has been retired for 1 |
| 274 | calendar month, in accordance with s. 121.021(39). Any retired |
| 275 | member who is reemployed within 1 calendar month after |
| 276 | retirement shall void his or her application for retirement |
| 277 | benefits. The employing agency reemploying such firefighter or |
| 278 | paramedic is subject to the retirement retired contribution |
| 279 | required in subparagraph 7. 8. Reemployment of a retired |
| 280 | firefighter or paramedic is limited to no more than 780 hours |
| 281 | during the first 12 months of his or her retirement. Any retired |
| 282 | member reemployed for more than 780 hours during the first 12 |
| 283 | months of retirement shall give timely notice in writing to the |
| 284 | employer and to the division of the date he or she will exceed |
| 285 | the limitation. The division shall suspend his or her retirement |
| 286 | benefits for the remainder of the first 12 months of retirement. |
| 287 | Any person employed in violation of this subparagraph and any |
| 288 | employing agency which knowingly employs or appoints such person |
| 289 | without notifying the Division of Retirement to suspend |
| 290 | retirement benefits shall be jointly and severally liable for |
| 291 | reimbursement to the Retirement System Trust Fund of any |
| 292 | benefits paid during the reemployment limitation period. To |
| 293 | avoid liability, such employing agency shall have a written |
| 294 | statement from the retiree that he or she is not retired from a |
| 295 | state-administered retirement system. Any retirement benefits |
| 296 | received by a retired member while reemployed in excess of 780 |
| 297 | hours during the first 12 months of retirement shall be repaid |
| 298 | to the Retirement System Trust Fund, and retirement benefits |
| 299 | shall remain suspended until repayment is made. Benefits |
| 300 | suspended beyond the end of the retired member's first 12 months |
| 301 | of retirement shall apply toward repayment of benefits received |
| 302 | in violation of the 780-hour reemployment limitation. |
| 303 | 12. An employing agency may reemploy a retired member who |
| 304 | retired under the disability provisions of paragraph (4)(b) as a |
| 305 | law enforcement officer, firefighter, correctional officer, |
| 306 | emergency medical technician, or paramedic as described in s. |
| 307 | 121.021(15)(c), a community-based correctional probation officer |
| 308 | as described in s. 121.021(15)(d)1., or a nurse as described in |
| 309 | s. 121.0515(2)(f) after the retired member has been retired for |
| 310 | 1 calendar month, in accordance with s. 121.021(39). Such |
| 311 | retired member may not be reemployed with any employer in the |
| 312 | position he or she held at the time of the disabling illness or |
| 313 | injury. Any retired member who is reemployed within 1 calendar |
| 314 | month after retirement shall void his or her application for |
| 315 | retirement benefits. The employing agency reemploying such a |
| 316 | member is subject to the retirement contribution required in |
| 317 | subparagraph 7. |
| 318 | Section 8. Effective July 1, 2006, in order to fund the |
| 319 | benefit improvements provided in s. 121.091, Florida Statutes, |
| 320 | as amended by this act, the contribution rate that applies to |
| 321 | the Special Risk Class of the defined benefit program of the |
| 322 | Florida Retirement System shall be increased by 0.31 percentage |
| 323 | points. This increase shall be in addition to all other changes |
| 324 | to such contribution rates which may be enacted into law to take |
| 325 | effect on that date. The Division of Statutory Revision is |
| 326 | directed to adjust accordingly the contribution rates set forth |
| 327 | in s. 121.71, Florida Statutes. |
| 328 | Section 9. The Division of Retirement within the |
| 329 | Department of Management Services shall request from the |
| 330 | Internal Revenue Service, by October 1, 2006, a letter ruling |
| 331 | regarding the provisions of sections 5 through 8 of this act. |
| 332 | Section 10. This act shall take effect July 1, 2006, |
| 333 | except that sections 5 through 8 shall take effect upon the |
| 334 | receipt of a favorable letter ruling from the Internal Revenue |
| 335 | Service. |
| 336 |
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| 337 | ======= T I T L E A M E N D M E N T ======= |
| 338 | Remove lines 16-17 and insert: |
| 339 | a declaration of important state interest; providing a short |
| 340 | title; providing legislative intent; providing a statement of |
| 341 | important state interest; amending s. 121.091, F.S.; authorizing |
| 342 | reemployment of a person who retired with in-line-of-duty |
| 343 | disability benefits by employers not participating in a state- |
| 344 | administered retirement system; authorizing reemployment of a |
| 345 | person who retired with in-line-of-duty disability benefits by |
| 346 | an employer participating in a state-administered retirement |
| 347 | system after 1 calendar month under certain circumstances; |
| 348 | providing for contribution rate increases to fund benefits |
| 349 | provided in s. 121.091, F.S., as amended; directing the Division |
| 350 | of Statutory Revision to adjust contribution rates set forth in |
| 351 | s. 121.71, F.S.; requiring the Division of Retirement to request |
| 352 | a letter ruling from the Internal Revenue Service; providing for |
| 353 | certain contingent effect; providing effective dates. |