Senate Bill sb1214

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    Florida Senate - 2006                                  SB 1214

    By Senator Argenziano





    3-592-06

  1                      A bill to be entitled

  2         An act relating to employment after retirement;

  3         amending s. 121.091, F.S.; authorizing retirees

  4         under the Florida Retirement System who have

  5         been retired for 1 calendar month to receive

  6         payment from supervisors of elections for

  7         specified services; amending s. 121.051, F.S.;

  8         conforming cross-references; providing an

  9         effective date.

10  

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

12  

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

14  121.091, Florida Statutes, is 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         (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--

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

30  except under the disability retirement provisions of

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

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    Florida Senate - 2006                                  SB 1214
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 1  employer after retirement and receive retirement benefits and

 2  compensation from his or her employer without any limitations,

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

 4  reemployment with any agency participating in the Florida

 5  Retirement System and retirement benefits under this chapter

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

 7  of retirement. However, a DROP participant shall continue

 8  employment and receive a salary during the period of

 9  participation in the Deferred Retirement Option Program, as

10  provided in subsection (13).

11         2.  Any person to whom the limitation in subparagraph

12  1. applies who violates such reemployment limitation and who

13  is reemployed with any agency participating in the Florida

14  Retirement System before completion of the 12-month limitation

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

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

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

18  limitation period.  Any person employed in violation of this

19  paragraph and any employing agency which knowingly employs or

20  appoints such person without notifying the Division of

21  Retirement to suspend retirement benefits shall be jointly and

22  severally liable for reimbursement to the retirement trust

23  fund of any benefits paid during the reemployment limitation

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

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

26  retired from a state-administered retirement system.  Any

27  retirement benefits received while reemployed during this

28  reemployment limitation period shall be repaid to the

29  retirement trust fund, and retirement benefits shall remain

30  suspended until such repayment has been made.  Benefits

31  suspended beyond the reemployment limitation shall apply

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    Florida Senate - 2006                                  SB 1214
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 1  toward repayment of benefits received in violation of the

 2  reemployment limitation.

 3         3.  A district school board may reemploy a retired

 4  member as a substitute or hourly teacher, education

 5  paraprofessional, transportation assistant, bus driver, or

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

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

 8  121.021(39). A district school board may reemploy a retired

 9  member as instructional personnel, as defined in s.

10  1012.01(2)(a), on an annual contractual basis after he or she

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

12  121.021(39). Any other retired member who is reemployed within

13  1 calendar month after retirement shall void his or her

14  application for retirement benefits. District school boards

15  reemploying such teachers, education paraprofessionals,

16  transportation assistants, bus drivers, or food service

17  workers are subject to the retirement contribution required by

18  subparagraph 8. 7.

19         4.  A community college board of trustees may reemploy

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

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

22  participant in a phased retirement program within the Florida

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

24  1 calendar month, in accordance with s. 121.021(39).  Any

25  retired member who is reemployed within 1 calendar month after

26  retirement shall void his or her application for retirement

27  benefits.  Boards of trustees reemploying such instructors are

28  subject to the retirement contribution required in

29  subparagraph 8. 7.  A retired member may be reemployed as an

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

31  12 months of retirement.  Any retired member reemployed for

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    Florida Senate - 2006                                  SB 1214
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 1  more than 780 hours during the first 12 months of retirement

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

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

 4  The division shall suspend his or her retirement benefits for

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

 6  person employed in violation of this subparagraph and any

 7  employing agency which knowingly employs or appoints such

 8  person without notifying the Division of Retirement to suspend

 9  retirement benefits shall be jointly and severally liable for

10  reimbursement to the retirement trust fund of any benefits

11  paid during the reemployment limitation period.  To avoid

12  liability, such employing agency shall have a written

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

14  a state-administered retirement system. Any retirement

15  benefits received by a retired member while reemployed in

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

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

18  retirement benefits shall remain suspended until repayment is

19  made.  Benefits suspended beyond the end of the retired

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

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

22  reemployment limitation.

23         5.  The State University System may reemploy a retired

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

25  phased retirement program within the State University System

26  after the retired member has been retired for 1 calendar

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

28  who is reemployed within 1 calendar month after retirement

29  shall void his or her application for retirement benefits.

30  The State University System is subject to the retired

31  contribution required in subparagraph 8. 7., as appropriate. A

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    Florida Senate - 2006                                  SB 1214
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 1  retired member may be reemployed as an adjunct faculty member

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

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

 4  retirement.  Any retired member reemployed for more than 780

 5  hours during the first 12 months of retirement shall give

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

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

 8  division shall suspend his or her retirement benefits for the

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

10  employed in violation of this subparagraph and any employing

11  agency which knowingly employs or appoints such person without

12  notifying the Division of Retirement to suspend retirement

13  benefits shall be jointly and severally liable for

14  reimbursement to the retirement trust fund of any benefits

15  paid during the reemployment limitation period.  To avoid

16  liability, such employing agency shall have a written

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

18  a state-administered retirement system. Any retirement

19  benefits received by a retired member while reemployed in

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

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

22  retirement benefits shall remain suspended until repayment is

23  made.  Benefits suspended beyond the end of the retired

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

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

26  reemployment limitation.

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

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

29  substitute teacher, substitute residential instructor, or

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

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

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    Florida Senate - 2006                                  SB 1214
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 1  121.021(39).  Any retired member who is reemployed within 1

 2  calendar month after retirement shall void his or her

 3  application for retirement benefits. The Board of Trustees of

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

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

 6  retirement contribution required by subparagraph 8. 7.

 7  Reemployment of a retired member as a substitute teacher,

 8  substitute residential instructor, or substitute nurse is

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

10  retirement. Any retired member reemployed for more than 780

11  hours during the first 12 months of retirement shall give

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

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

14  shall suspend his or her retirement benefits for the remainder

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

16  violation of this subparagraph and any employing agency which

17  knowingly employs or appoints such person without notifying

18  the Division of Retirement to suspend retirement benefits

19  shall be jointly and severally liable for reimbursement to the

20  retirement trust fund of any benefits paid during the

21  reemployment limitation period. To avoid liability, such

22  employing agency shall have a written statement from the

23  retiree that he or she is not retired from a

24  state-administered retirement system. Any retirement benefits

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

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

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

28  benefits shall remain suspended until payment is made.

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

30  first 12 months of retirement shall apply toward repayment of

31  

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    Florida Senate - 2006                                  SB 1214
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 1  benefits received in violation of the 780-hour reemployment

 2  limitation.

 3         7.  A retired member may receive payment from a

 4  supervisor of elections for services as a volunteer poll

 5  worker on a noncontractual basis in a part-time, seasonal, or

 6  temporary status after she or he has been retired for 1

 7  calendar month, in accordance with s. 121.021(39).

 8         8.7.  The employment by an employer of any retiree or

 9  DROP participant of any state-administered retirement system

10  shall have no effect on the average final compensation or

11  years of creditable service of the retiree or DROP

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

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

14  121.053, who has been retired under any state-administered

15  retirement program, the employer shall pay retirement

16  contributions in an amount equal to the unfunded actuarial

17  liability portion of the employer contribution which would be

18  required for regular members of the Florida Retirement System.

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

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

21  subsection (13) with respect to DROP participants.

22         9.8.  Any person who has previously retired and who is

23  holding an elective public office or an appointment to an

24  elective public office eligible for the Elected Officers'

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

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

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

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

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

30  121.122, and shall continue to receive retirement benefits as

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

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    Florida Senate - 2006                                  SB 1214
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 1  long as he or she remains in elective office. However, any

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

 3  1, 1990, suspended his or her retirement benefit, and had his

 4  or her Florida Retirement System membership reinstated shall,

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

 6  benefit recalculated to include the additional service and

 7  compensation earned.

 8         10.9.  Any person who is holding an elective public

 9  office which is covered by the Florida Retirement System and

10  who is concurrently employed in nonelected covered employment

11  may elect to retire while continuing employment in the

12  elective public office, provided that he or she shall be

13  required to terminate his or her nonelected covered

14  employment.  Any person who exercises this election shall

15  receive his or her retirement benefits in addition to the

16  compensation of the elective office without regard to the time

17  limitations otherwise provided in this subsection.  No person

18  who seeks to exercise the provisions of this subparagraph, as

19  the same existed prior to May 3, 1984, shall be deemed to be

20  retired under those provisions, unless such person is eligible

21  to retire under the provisions of this subparagraph, as

22  amended by chapter 84-11, Laws of Florida.

23         11.10.  The limitations of this paragraph apply to

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

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

26  which the person is compensated.

27         12.11.  An employing agency may reemploy a retired

28  member as a firefighter or paramedic after the retired member

29  has 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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    Florida Senate - 2006                                  SB 1214
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 1  application for retirement benefits. The employing agency

 2  reemploying such firefighter or paramedic is subject to the

 3  retired contribution required in subparagraph 8. Reemployment

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

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

 6  retirement. Any retired member reemployed for more than 780

 7  hours during the first 12 months of retirement shall give

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

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

10  shall suspend his or her retirement benefits for the remainder

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

12  violation of this subparagraph and any employing agency which

13  knowingly employs or appoints such person without notifying

14  the Division of Retirement to suspend retirement benefits

15  shall be jointly and severally liable for reimbursement to the

16  Retirement System Trust Fund of any benefits paid during the

17  reemployment limitation period. To avoid liability, such

18  employing agency shall have a written statement from the

19  retiree that he or she is not retired from a

20  state-administered retirement system. Any retirement benefits

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

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

23  to the Retirement System Trust Fund, and retirement benefits

24  shall remain suspended until repayment is made. Benefits

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

26  months of retirement shall apply toward repayment of benefits

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

28         Section 2.  Paragraph (a) of subsection (1) of section

29  121.051, Florida Statutes, is amended to read:

30         121.051  Participation in the system.--

31         (1)  COMPULSORY PARTICIPATION.--

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    Florida Senate - 2006                                  SB 1214
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 1         (a)  The provisions of this law shall be compulsory as

 2  to all officers and employees, except elected officers who

 3  meet the requirements of s. 121.052(3), who are employed on or

 4  after December 1, 1970, of an employer other than those

 5  referred to in paragraph (2)(b), and each officer or employee,

 6  as a condition of employment, shall become a member of the

 7  system as of his or her date of employment, except that a

 8  person who is retired from any state retirement system and is

 9  reemployed on or after December 1, 1970, shall not be

10  permitted to renew his or her membership in any state

11  retirement system except as provided in s. 121.091(4)(h) for a

12  person who recovers from disability, and as provided in s.

13  121.091(9)(b)9. s. 121.091(9)(b)8. for a person who is elected

14  to public office, and, effective July 1, 1991, as provided in

15  s. 121.122 for all other retirees.  Officers and employees of

16  the University Athletic Association, Inc., a nonprofit

17  association connected with the University of Florida, employed

18  on and after July 1, 1979, shall not participate in any

19  state-supported retirement system. Any person appointed on or

20  after July 1, 1989, to a faculty position in a college at the

21  J. Hillis Miller Health Center at the University of Florida or

22  the Medical Center at the University of South Florida which

23  has a faculty practice plan provided by rule adopted by the

24  Board of Regents shall not participate in the Florida

25  Retirement System.  A faculty member so appointed shall

26  participate in the optional retirement program on the basis of

27  his or her state-funded compensation, notwithstanding the

28  provisions of s. 121.35(2)(a).

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

30  law.

31  

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    Florida Senate - 2006                                  SB 1214
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Authorizes a retired member of the Florida Retirement
      System who has been retired for 1 calendar month to
 4    receive payments from a supervisor of elections for
      services rendered on a noncontractual basis as a
 5    volunteer poll worker.

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