Senate Bill sb1474

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    Florida Senate - 2006                                  SB 1474

    By Senator Posey





    24-1154-06                                          See HB 323

  1                      A bill to be entitled

  2         An act relating to reemployment after

  3         retirement; amending s. 121.091, F.S.;

  4         providing that certain law enforcement and

  5         correctional officers may only be reemployed at

  6         entry-level positions for the duration of such

  7         reemployment; 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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    Florida Senate - 2006                                  SB 1474
    24-1154-06                                          See HB 323




 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). Notwithstanding the provisions of

 9  this subparagraph, an employing agency may only reemploy a law

10  enforcement officer as defined in s. 943.10(1), a correctional

11  officer as defined in s. 943.10(2), or a correctional

12  probation officer as defined in s. 943.10(3) at an entry-level

13  position for the duration of such reemployment.

14         2.  Any person to whom the limitation in subparagraph

15  1. applies who violates such reemployment limitation and who

16  is reemployed with any agency participating in the Florida

17  Retirement System before completion of the 12-month limitation

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

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

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

21  limitation period. Any person employed in violation of this

22  paragraph and any employing agency which knowingly employs or

23  appoints such person without notifying the Division of

24  Retirement to suspend retirement benefits shall be jointly and

25  severally liable for reimbursement to the retirement trust

26  fund of any benefits paid during the reemployment limitation

27  period. To avoid liability, such employing agency shall have a

28  written statement from the retiree that he or she is not

29  retired from a state-administered retirement system. Any

30  retirement benefits received while reemployed during this

31  reemployment limitation period shall be repaid to the

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    Florida Senate - 2006                                  SB 1474
    24-1154-06                                          See HB 323




 1  retirement trust fund, and retirement benefits shall remain

 2  suspended until such repayment has been made. Benefits

 3  suspended beyond the reemployment limitation shall apply

 4  toward repayment of benefits received in violation of the

 5  reemployment limitation.

 6         3.  A district school board may reemploy a retired

 7  member as a substitute or hourly teacher, education

 8  paraprofessional, transportation assistant, bus driver, or

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

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

11  121.021(39). A district school board may reemploy a retired

12  member as instructional personnel, as defined in s.

13  1012.01(2)(a), on an annual contractual basis after he or she

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

15  121.021(39). Any other retired member who is reemployed within

16  1 calendar month after retirement shall void his or her

17  application for retirement benefits. District school boards

18  reemploying such teachers, education paraprofessionals,

19  transportation assistants, bus drivers, or food service

20  workers are subject to the retirement contribution required by

21  subparagraph 7.

22         4.  A community college board of trustees may reemploy

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

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

25  participant in a phased retirement program within the Florida

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

27  1 calendar month, in accordance with s. 121.021(39). Any

28  retired member who is reemployed within 1 calendar month after

29  retirement shall void his or her application for retirement

30  benefits. Boards of trustees reemploying such instructors are

31  subject to the retirement contribution required in

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    Florida Senate - 2006                                  SB 1474
    24-1154-06                                          See HB 323




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

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

 3  12 months of retirement. Any retired member reemployed for

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

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

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

 7  division shall suspend his or her retirement benefits for the

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

 9  employed in violation of this subparagraph and any employing

10  agency which knowingly employs or appoints such person without

11  notifying the Division of Retirement to suspend retirement

12  benefits shall be jointly and severally liable for

13  reimbursement to the retirement trust fund of any benefits

14  paid during the reemployment limitation period. To avoid

15  liability, such employing agency shall have a written

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

17  a state-administered retirement system. Any retirement

18  benefits received by a retired member while reemployed in

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

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

21  retirement benefits shall remain suspended until repayment is

22  made. Benefits suspended beyond the end of the retired

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

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

25  reemployment limitation.

26         5.  The State University System may reemploy a retired

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

28  phased retirement program within the State University System

29  after the retired member has been retired for 1 calendar

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

31  who is reemployed within 1 calendar month after retirement

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    Florida Senate - 2006                                  SB 1474
    24-1154-06                                          See HB 323




 1  shall void his or her application for retirement benefits. The

 2  State University System is subject to the retired contribution

 3  required in subparagraph 7., as appropriate. A retired member

 4  may be reemployed as an adjunct faculty member or a

 5  participant in a phased retirement program for no more than

 6  780 hours during the first 12 months of his or her retirement.

 7  Any retired member reemployed for more than 780 hours during

 8  the first 12 months of retirement shall give timely notice in

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

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

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

12  months of retirement. Any person employed in violation of this

13  subparagraph and any employing agency which knowingly employs

14  or appoints such person without notifying the Division of

15  Retirement to suspend retirement benefits shall be jointly and

16  severally liable for reimbursement to the retirement trust

17  fund of any benefits paid during the reemployment limitation

18  period. To avoid liability, such employing agency shall have a

19  written statement from the retiree that he or she is not

20  retired from a state-administered retirement system. Any

21  retirement benefits received by a retired member while

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

23  of retirement shall be repaid to the Retirement System Trust

24  Fund, and retirement benefits shall remain suspended until

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

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

27  toward repayment of benefits received in violation of the

28  780-hour reemployment limitation.

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

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

31  substitute teacher, substitute residential instructor, or

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    Florida Senate - 2006                                  SB 1474
    24-1154-06                                          See HB 323




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

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

 3  121.021(39). Any retired member who is reemployed within 1

 4  calendar month after retirement shall void his or her

 5  application for retirement benefits. The Board of Trustees of

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

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

 8  retirement contribution required by subparagraph 7.

 9  Reemployment of a retired member as a substitute teacher,

10  substitute residential instructor, or substitute nurse is

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

12  retirement. Any retired member reemployed for more than 780

13  hours during the first 12 months of retirement shall give

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

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

16  shall suspend his or her retirement benefits for the remainder

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

18  violation of this subparagraph and any employing agency which

19  knowingly employs or appoints such person without notifying

20  the Division of Retirement to suspend retirement benefits

21  shall be jointly and severally liable for reimbursement to the

22  retirement trust fund of any benefits paid during the

23  reemployment limitation period. To avoid liability, such

24  employing agency shall have a written statement from the

25  retiree that he or she is not retired from a

26  state-administered retirement system. Any retirement benefits

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

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

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

30  benefits shall remain suspended until payment is made.

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

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    Florida Senate - 2006                                  SB 1474
    24-1154-06                                          See HB 323




 1  first 12 months of retirement shall apply toward repayment of

 2  benefits received in violation of the 780-hour reemployment

 3  limitation.

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

 5  DROP participant of any state-administered retirement system

 6  shall have no effect on the average final compensation or

 7  years of creditable service of the retiree or DROP

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

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

10  121.053, who has been retired under any state-administered

11  retirement program, the employer shall pay retirement

12  contributions in an amount equal to the unfunded actuarial

13  liability portion of the employer contribution which would be

14  required for regular members of the Florida Retirement System.

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

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

17  subsection (13) with respect to DROP participants.

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

19  holding an elective public office or an appointment to an

20  elective public office eligible for the Elected Officers'

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

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

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

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

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

26  121.122, and shall continue to receive retirement benefits as

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

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

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

30  1, 1990, suspended his or her retirement benefit, and had his

31  or her Florida Retirement System membership reinstated shall,

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    Florida Senate - 2006                                  SB 1474
    24-1154-06                                          See HB 323




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

 2  benefit recalculated to include the additional service and

 3  compensation earned.

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

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

 6  concurrently employed in nonelected covered employment may

 7  elect to retire while continuing employment in the elective

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

 9  terminate his or her nonelected covered employment. Any person

10  who exercises this election shall receive his or her

11  retirement benefits in addition to the compensation of the

12  elective office without regard to the time limitations

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

14  exercise the provisions of this subparagraph, as the same

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

16  under those provisions, unless such person is eligible to

17  retire under the provisions of this subparagraph, as amended

18  by chapter 84-11, Laws of Florida.

19         10.  The limitations of this paragraph apply to

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

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

22  which the person is compensated.

23         11.  An employing agency may reemploy a retired member

24  as a firefighter or paramedic after the retired member has

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

26  121.021(39). Any retired member who is reemployed within 1

27  calendar month after retirement shall void his or her

28  application for retirement benefits. The employing agency

29  reemploying such firefighter or paramedic is subject to the

30  retired contribution required in subparagraph 8. Reemployment

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

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    Florida Senate - 2006                                  SB 1474
    24-1154-06                                          See HB 323




 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 division

 6  shall suspend his or her retirement benefits for the remainder

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

 8  violation of this subparagraph and any employing agency which

 9  knowingly employs or appoints such person without notifying

10  the Division of Retirement to suspend retirement benefits

11  shall be jointly and severally liable for reimbursement to the

12  Retirement System Trust Fund of any benefits paid during the

13  reemployment limitation period. To avoid liability, such

14  employing agency shall have a written statement from the

15  retiree that he or she is not retired from a

16  state-administered retirement system. Any retirement benefits

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

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

19  to the Retirement System Trust Fund, and retirement benefits

20  shall remain suspended until repayment is made. Benefits

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

22  months of retirement shall apply toward repayment of benefits

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

24         Section 2.  This act shall take effect July 1, 2006.

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