Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2556
                        Barcode 604608
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1           Comm: RCS             .                    
       04/24/2006 02:17 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Education (King) recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (b) of subsection (9) of section
19  121.091, Florida Statutes, is amended to read:
20         121.091  Benefits payable under the system.--Benefits
21  may not be paid under this section unless the member has
22  terminated employment as provided in s. 121.021(39)(a) or
23  begun participation in the Deferred Retirement Option Program
24  as provided in subsection (13), and a proper application has
25  been filed in the manner prescribed by the department. The
26  department may cancel an application for retirement benefits
27  when the member or beneficiary fails to timely provide the
28  information and documents required by this chapter and the
29  department's rules. The department shall adopt rules
30  establishing procedures for application for retirement
31  benefits and for the cancellation of such application when the
                                  1
    11:30 AM   04/11/06                            s2556d-ed08-c2r

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2556 Barcode 604608 1 required information or documents are not received. 2 (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.-- 3 (b)1. Any person who is retired under this chapter, 4 except under the disability retirement provisions of 5 subsection (4), may be reemployed by any private or public 6 employer after retirement and receive retirement benefits and 7 compensation from his or her employer without any limitations, 8 except that a person may not receive both a salary from 9 reemployment with any agency participating in the Florida 10 Retirement System and retirement benefits under this chapter 11 for a period of 12 months immediately subsequent to the date 12 of retirement. However, a DROP participant shall continue 13 employment and receive a salary during the period of 14 participation in the Deferred Retirement Option Program, as 15 provided in subsection (13). 16 2. Any person to whom the limitation in subparagraph 17 1. applies who violates such reemployment limitation and who 18 is reemployed with any agency participating in the Florida 19 Retirement System before completion of the 12-month limitation 20 period shall give timely notice of this fact in writing to the 21 employer and to the division and shall have his or her 22 retirement benefits suspended for the balance of the 12-month 23 limitation period. Any person employed in violation of this 24 paragraph and any employing agency which knowingly employs or 25 appoints such person without notifying the Division of 26 Retirement to suspend retirement benefits shall be jointly and 27 severally liable for reimbursement to the retirement trust 28 fund of any benefits paid during the reemployment limitation 29 period. To avoid liability, such employing agency shall have 30 a written statement from the retiree that he or she is not 31 retired from a state-administered retirement system. Any 2 11:30 AM 04/11/06 s2556d-ed08-c2r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2556 Barcode 604608 1 retirement benefits received while reemployed during this 2 reemployment limitation period shall be repaid to the 3 retirement trust fund, and retirement benefits shall remain 4 suspended until such repayment has been made. Benefits 5 suspended beyond the reemployment limitation shall apply 6 toward repayment of benefits received in violation of the 7 reemployment limitation. 8 3. A district school board may reemploy a retired 9 member as a substitute or hourly teacher, education 10 paraprofessional, transportation assistant, bus driver, or 11 food service worker on a noncontractual basis after he or she 12 has been retired for 1 calendar month, in accordance with s. 13 121.021(39). A district school board may reemploy a retired 14 member as instructional personnel, as defined in s. 15 1012.01(2)(a)-(d) s. 1012.01(2)(a), on an annual contractual 16 basis after he or she has been retired for 1 calendar month, 17 in accordance with s. 121.021(39). Any other retired member 18 who is reemployed within 1 calendar month after retirement 19 shall void his or her application for retirement benefits. 20 District school boards reemploying such teachers, education 21 paraprofessionals, transportation assistants, bus drivers, or 22 food service workers are subject to the retirement 23 contribution required by subparagraph 7. 24 4. A community college board of trustees may reemploy 25 a retired member as an adjunct instructor, that is, an 26 instructor who is noncontractual and part-time, or as a 27 participant in a phased retirement program within the Florida 28 Community College System, after he or she has been retired for 29 1 calendar month, in accordance with s. 121.021(39). Any 30 retired member who is reemployed within 1 calendar month after 31 retirement shall void his or her application for retirement 3 11:30 AM 04/11/06 s2556d-ed08-c2r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2556 Barcode 604608 1 benefits. Boards of trustees reemploying such instructors are 2 subject to the retirement contribution required in 3 subparagraph 7. A retired member may be reemployed as an 4 adjunct instructor for no more than 780 hours during the first 5 12 months of retirement. Any retired member reemployed for 6 more than 780 hours during the first 12 months of retirement 7 shall give timely notice in writing to the employer and to the 8 division of the date he or she will exceed the limitation. 9 The division shall suspend his or her retirement benefits for 10 the remainder of the first 12 months of retirement. Any 11 person employed in violation of this subparagraph and any 12 employing agency which knowingly employs or appoints such 13 person without notifying the Division of Retirement to suspend 14 retirement benefits shall be jointly and severally liable for 15 reimbursement to the retirement trust fund of any benefits 16 paid during the reemployment limitation period. To avoid 17 liability, such employing agency shall have a written 18 statement from the retiree that he or she is not retired from 19 a state-administered retirement system. Any retirement 20 benefits received by a retired member while reemployed in 21 excess of 780 hours during the first 12 months of retirement 22 shall be repaid to the Retirement System Trust Fund, and 23 retirement benefits shall remain suspended until repayment is 24 made. Benefits suspended beyond the end of the retired 25 member's first 12 months of retirement shall apply toward 26 repayment of benefits received in violation of the 780-hour 27 reemployment limitation. 28 5. The State University System may reemploy a retired 29 member as an adjunct faculty member or as a participant in a 30 phased retirement program within the State University System 31 after the retired member has been retired for 1 calendar 4 11:30 AM 04/11/06 s2556d-ed08-c2r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2556 Barcode 604608 1 month, in accordance with s. 121.021(39). Any retired member 2 who is reemployed within 1 calendar month after retirement 3 shall void his or her application for retirement benefits. 4 The State University System is subject to the retired 5 contribution required in subparagraph 7., as appropriate. A 6 retired member may be reemployed as an adjunct faculty member 7 or a participant in a phased retirement program for no more 8 than 780 hours during the first 12 months of his or her 9 retirement. Any retired member reemployed for more than 780 10 hours during the first 12 months of retirement shall give 11 timely notice in writing to the employer and to the division 12 of the date he or she will exceed the limitation. The 13 division shall suspend his or her retirement benefits for the 14 remainder of the first 12 months of retirement. Any person 15 employed in violation of this subparagraph and any employing 16 agency which knowingly employs or appoints such person without 17 notifying the Division of Retirement to suspend retirement 18 benefits shall be jointly and severally liable for 19 reimbursement to the retirement trust fund of any benefits 20 paid during the reemployment limitation period. To avoid 21 liability, such employing agency shall have a written 22 statement from the retiree that he or she is not retired from 23 a state-administered retirement system. Any retirement 24 benefits received by a retired member while reemployed in 25 excess of 780 hours during the first 12 months of retirement 26 shall be repaid to the Retirement System Trust Fund, and 27 retirement benefits shall remain suspended until repayment is 28 made. Benefits suspended beyond the end of the retired 29 member's first 12 months of retirement shall apply toward 30 repayment of benefits received in violation of the 780-hour 31 reemployment limitation. 5 11:30 AM 04/11/06 s2556d-ed08-c2r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2556 Barcode 604608 1 6. The Board of Trustees of the Florida School for the 2 Deaf and the Blind may reemploy a retired member as a 3 substitute teacher, substitute residential instructor, or 4 substitute nurse on a noncontractual basis after he or she has 5 been retired for 1 calendar month, in accordance with s. 6 121.021(39). The Board of Trustees of the Florida School for 7 the Deaf and the Blind may reemploy a retired member as 8 instructional personnel, as defined in s. 1012.01(2)(a)-(d), 9 on an annual contractual basis after he or she has been 10 retired for 1 calendar month, in accordance with s. 11 121.021(39). Any retired member who is reemployed within 1 12 calendar month after retirement shall void his or her 13 application for retirement benefits. The Board of Trustees of 14 the Florida School for the Deaf and the Blind reemploying such 15 teachers, residential instructors, or nurses is subject to the 16 retirement contribution required by subparagraph 7. 17 Reemployment of a retired member as a substitute teacher, 18 substitute residential instructor, or substitute nurse is 19 limited to 780 hours during the first 12 months of his or her 20 retirement. Any retired member reemployed for more than 780 21 hours during the first 12 months of retirement shall give 22 timely notice in writing to the employer and to the division 23 of the date he or she will exceed the limitation. The division 24 shall suspend his or her retirement benefits for the remainder 25 of the first 12 months of retirement. Any person employed in 26 violation of this subparagraph and any employing agency which 27 knowingly employs or appoints such person without notifying 28 the Division of Retirement to suspend retirement benefits 29 shall be jointly and severally liable for reimbursement to the 30 retirement trust fund of any benefits paid during the 31 reemployment limitation period. To avoid liability, such 6 11:30 AM 04/11/06 s2556d-ed08-c2r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2556 Barcode 604608 1 employing agency shall have a written statement from the 2 retiree that he or she is not retired from a 3 state-administered retirement system. Any retirement benefits 4 received by a retired member while reemployed in excess of 780 5 hours during the first 12 months of retirement shall be repaid 6 to the Retirement System Trust Fund, and his or her retirement 7 benefits shall remain suspended until payment is made. 8 Benefits suspended beyond the end of the retired member's 9 first 12 months of retirement shall apply toward repayment of 10 benefits received in violation of the 780-hour reemployment 11 limitation. 12 7. The employment by an employer of any retiree or 13 DROP participant of any state-administered retirement system 14 shall have no effect on the average final compensation or 15 years of creditable service of the retiree or DROP 16 participant. Prior to July 1, 1991, upon employment of any 17 person, other than an elected officer as provided in s. 18 121.053, who has been retired under any state-administered 19 retirement program, the employer shall pay retirement 20 contributions in an amount equal to the unfunded actuarial 21 liability portion of the employer contribution which would be 22 required for regular members of the Florida Retirement System. 23 Effective July 1, 1991, contributions shall be made as 24 provided in s. 121.122 for retirees with renewed membership or 25 subsection (13) with respect to DROP participants. 26 8. Any person who has previously retired and who is 27 holding an elective public office or an appointment to an 28 elective public office eligible for the Elected Officers' 29 Class on or after July 1, 1990, shall be enrolled in the 30 Florida Retirement System as provided in s. 121.053(1)(b) or, 31 if holding an elective public office that does not qualify for 7 11:30 AM 04/11/06 s2556d-ed08-c2r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2556 Barcode 604608 1 the Elected Officers' Class on or after July 1, 1991, shall be 2 enrolled in the Florida Retirement System as provided in s. 3 121.122, and shall continue to receive retirement benefits as 4 well as compensation for the elected officer's service for as 5 long as he or she remains in elective office. However, any 6 retired member who served in an elective office prior to July 7 1, 1990, suspended his or her retirement benefit, and had his 8 or her Florida Retirement System membership reinstated shall, 9 upon retirement from such office, have his or her retirement 10 benefit recalculated to include the additional service and 11 compensation earned. 12 9. Any person who is holding an elective public office 13 which is covered by the Florida Retirement System and who is 14 concurrently employed in nonelected covered employment may 15 elect to retire while continuing employment in the elective 16 public office, provided that he or she shall be required to 17 terminate his or her nonelected covered employment. Any 18 person who exercises this election shall receive his or her 19 retirement benefits in addition to the compensation of the 20 elective office without regard to the time limitations 21 otherwise provided in this subsection. No person who seeks to 22 exercise the provisions of this subparagraph, as the same 23 existed prior to May 3, 1984, shall be deemed to be retired 24 under those provisions, unless such person is eligible to 25 retire under the provisions of this subparagraph, as amended 26 by chapter 84-11, Laws of Florida. 27 10. The limitations of this paragraph apply to 28 reemployment in any capacity with an "employer" as defined in 29 s. 121.021(10), irrespective of the category of funds from 30 which the person is compensated. 31 11. An employing agency may reemploy a retired member 8 11:30 AM 04/11/06 s2556d-ed08-c2r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2556 Barcode 604608 1 as a firefighter or paramedic after the retired member 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 employing agency 6 reemploying such firefighter or paramedic is subject to the 7 retired contribution required in subparagraph 8. Reemployment 8 of a retired firefighter or paramedic is limited to no more 9 than 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 System 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 retirement benefits 28 shall remain suspended until repayment is made. Benefits 29 suspended beyond the end of the retired member's first 12 30 months of retirement shall apply toward repayment of benefits 31 received in violation of the 780-hour reemployment limitation. 9 11:30 AM 04/11/06 s2556d-ed08-c2r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2556 Barcode 604608 1 Section 2. This act shall take effect July 1, 2006. 2 3 4 ================ T I T L E A M E N D M E N T =============== 5 And the title is amended as follows: 6 Delete everything before the enacting clause 7 8 and insert: 9 A bill to be entitled 10 An act relating to the Florida Retirement 11 System; amending s. 121.091, F.S.; authorizing 12 district school boards to reemploy retired 13 members of the system as instructional 14 personnel after 1 month's retirement in the 15 capacity of student personnel service staff, 16 librarian/media specialist, or other 17 instructional staff; authorizing the Board of 18 Trustees of the Florida School for the Deaf and 19 the Blind to reemploy retired members of the 20 system as instructional personnel after 1 21 month's retirement as instructional personnel 22 in the capacity of classroom teacher, student 23 personnel service staff, librarian/media 24 specialist, or other instructional staff; 25 providing an effective date. 26 27 28 29 30 31 10 11:30 AM 04/11/06 s2556d-ed08-c2r