Senate Bill sb2556c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                           CS for SB 2556

    By the Committee on Education; and Senator Saunders





    581-2398-06

  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

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

  4         district school boards to reemploy retired

  5         members of the system as instructional

  6         personnel after 1 month's retirement in the

  7         capacity of student personnel service staff,

  8         librarian/media specialist, or other

  9         instructional staff; authorizing the Board of

10         Trustees of the Florida School for the Deaf and

11         the Blind to reemploy retired members of the

12         system as instructional personnel after 1

13         month's retirement as instructional personnel

14         in the capacity of classroom teacher, student

15         personnel service staff, librarian/media

16         specialist, or other instructional staff;

17         providing an effective date.

18  

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

20  

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

22  121.091, Florida Statutes, is amended to read:

23         121.091  Benefits payable under the system.--Benefits

24  may not be paid under this section unless the member has

25  terminated employment as provided in s. 121.021(39)(a) or

26  begun participation in the Deferred Retirement Option Program

27  as provided in subsection (13), and a proper application has

28  been filed in the manner prescribed by the department. The

29  department may cancel an application for retirement benefits

30  when the member or beneficiary fails to timely provide the

31  information and documents required by this chapter and the

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2556
    581-2398-06




 1  department's rules. The department shall adopt rules

 2  establishing procedures for application for retirement

 3  benefits and for the cancellation of such application when the

 4  required information or documents are not received.

 5         (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--

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

 7  except under the disability retirement provisions of

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

 9  employer after retirement and receive retirement benefits and

10  compensation from his or her employer without any limitations,

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

12  reemployment with any agency participating in the Florida

13  Retirement System and retirement benefits under this chapter

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

15  of retirement. However, a DROP participant shall continue

16  employment and receive a salary during the period of

17  participation in the Deferred Retirement Option Program, as

18  provided in subsection (13).

19         2.  Any person to whom the limitation in subparagraph

20  1. applies who violates such reemployment limitation and who

21  is reemployed with any agency participating in the Florida

22  Retirement System before completion of the 12-month limitation

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

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

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

26  limitation period.  Any person employed in violation of this

27  paragraph and any employing agency which knowingly employs or

28  appoints such person without notifying the Division of

29  Retirement to suspend retirement benefits shall be jointly and

30  severally liable for reimbursement to the retirement trust

31  fund of any benefits paid during the reemployment limitation

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2556
    581-2398-06




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

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

 3  retired from a state-administered retirement system.  Any

 4  retirement benefits received while reemployed during this

 5  reemployment limitation period shall be repaid to the

 6  retirement trust fund, and retirement benefits shall remain

 7  suspended until such repayment has been made.  Benefits

 8  suspended beyond the reemployment limitation shall apply

 9  toward repayment of benefits received in violation of the

10  reemployment limitation.

11         3.  A district school board may reemploy a retired

12  member as a substitute or hourly teacher, education

13  paraprofessional, transportation assistant, bus driver, or

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

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

16  121.021(39). A district school board may reemploy a retired

17  member as instructional personnel, as defined in s.

18  1012.01(2)(a)-(d) s. 1012.01(2)(a), on an annual contractual

19  basis after he or she has been retired for 1 calendar month,

20  in accordance with s. 121.021(39). Any other retired member

21  who is reemployed within 1 calendar month after retirement

22  shall void his or her application for retirement benefits.

23  District school boards reemploying such teachers, education

24  paraprofessionals, transportation assistants, bus drivers, or

25  food service workers are subject to the retirement

26  contribution required by subparagraph 7.

27         4.  A community college board of trustees may reemploy

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

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

30  participant in a phased retirement program within the Florida

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

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2556
    581-2398-06




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

 2  retired member who is reemployed within 1 calendar month after

 3  retirement shall void his or her application for retirement

 4  benefits.  Boards of trustees reemploying such instructors are

 5  subject to the retirement contribution required in

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

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

 8  12 months of retirement.  Any retired member reemployed for

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

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

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

12  The division shall suspend his or her retirement benefits for

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

14  person employed in violation of this subparagraph and any

15  employing agency which knowingly employs or appoints such

16  person without notifying the Division of Retirement to suspend

17  retirement benefits shall be jointly and severally liable for

18  reimbursement to the retirement trust fund of any benefits

19  paid during the reemployment limitation period.  To avoid

20  liability, such employing agency shall have a written

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

22  a state-administered retirement system. Any retirement

23  benefits received by a retired member while reemployed in

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

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

26  retirement benefits shall remain suspended until repayment is

27  made.  Benefits suspended beyond the end of the retired

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

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

30  reemployment limitation.

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2556
    581-2398-06




 1         5.  The State University System may reemploy a retired

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

 3  phased retirement program within the State University System

 4  after the retired member has been retired for 1 calendar

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

 6  who is reemployed within 1 calendar month after retirement

 7  shall void his or her application for retirement benefits.

 8  The State University System is subject to the retired

 9  contribution required in subparagraph 7., as appropriate. A

10  retired member may be reemployed as an adjunct faculty member

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

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

13  retirement.  Any retired member reemployed for more than 780

14  hours during the first 12 months of retirement shall give

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

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

17  division shall suspend his or her retirement benefits for the

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

19  employed in violation of this subparagraph and any employing

20  agency which knowingly employs or appoints such person without

21  notifying the Division of Retirement to suspend retirement

22  benefits shall be jointly and severally liable for

23  reimbursement to the retirement trust fund of any benefits

24  paid during the reemployment limitation period.  To avoid

25  liability, such employing agency shall have a written

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

27  a state-administered retirement system. Any retirement

28  benefits received by a retired member while reemployed in

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

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

31  retirement benefits shall remain suspended until repayment is

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2556
    581-2398-06




 1  made.  Benefits suspended beyond the end of the retired

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

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

 4  reemployment limitation.

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

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

 7  substitute teacher, substitute residential instructor, or

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

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

10  121.021(39). The Board of Trustees of the Florida School for

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

12  instructional personnel, as defined in s. 1012.01(2)(a)-(d),

13  on an annual contractual basis after he or she has been

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

15  121.021(39). Any retired member who is reemployed within 1

16  calendar month after retirement shall void his or her

17  application for retirement benefits. The Board of Trustees of

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

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

20  retirement contribution required by subparagraph 7.

21  Reemployment of a retired member as a substitute teacher,

22  substitute residential instructor, or substitute nurse is

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

24  retirement. Any retired member reemployed for more than 780

25  hours during the first 12 months of retirement shall give

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

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

28  shall suspend his or her retirement benefits for the remainder

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

30  violation of this subparagraph and any employing agency which

31  knowingly employs or appoints such person without notifying

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2556
    581-2398-06




 1  the Division of Retirement to suspend retirement benefits

 2  shall be jointly and severally liable for reimbursement to the

 3  retirement trust fund of any benefits paid during the

 4  reemployment limitation period. To avoid liability, such

 5  employing agency shall have a written statement from the

 6  retiree that he or she is not retired from a

 7  state-administered retirement system. Any retirement benefits

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

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

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

11  benefits shall remain suspended until payment is made.

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

13  first 12 months of retirement shall apply toward repayment of

14  benefits received in violation of the 780-hour reemployment

15  limitation.

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

17  DROP participant of any state-administered retirement system

18  shall have no effect on the average final compensation or

19  years of creditable service of the retiree or DROP

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

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

22  121.053, who has been retired under any state-administered

23  retirement program, the employer shall pay retirement

24  contributions in an amount equal to the unfunded actuarial

25  liability portion of the employer contribution which would be

26  required for regular members of the Florida Retirement System.

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

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

29  subsection (13) with respect to DROP participants.

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

31  holding an elective public office or an appointment to an

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2556
    581-2398-06




 1  elective public office eligible for the Elected Officers'

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

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

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

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

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

 7  121.122, and shall continue to receive retirement benefits as

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

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

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

11  1, 1990, suspended his or her retirement benefit, and had his

12  or her Florida Retirement System membership reinstated shall,

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

14  benefit recalculated to include the additional service and

15  compensation earned.

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

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

18  concurrently employed in nonelected covered employment may

19  elect to retire while continuing employment in the elective

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

21  terminate his or her nonelected covered employment.  Any

22  person who exercises this election shall receive his or her

23  retirement benefits in addition to the compensation of the

24  elective office without regard to the time limitations

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

26  exercise the provisions of this subparagraph, as the same

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

28  under those provisions, unless such person is eligible to

29  retire under the provisions of this subparagraph, as amended

30  by chapter 84-11, Laws of Florida.

31  

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2556
    581-2398-06




 1         10.  The limitations of this paragraph apply to

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

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

 4  which the person is compensated.

 5         11.  An employing agency may reemploy a retired member

 6  as a firefighter or paramedic after the retired member has

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

 8  121.021(39). Any retired member who is reemployed within 1

 9  calendar month after retirement shall void his or her

10  application for retirement benefits. The employing agency

11  reemploying such firefighter or paramedic is subject to the

12  retired contribution required in subparagraph 8. Reemployment

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

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

15  retirement. Any retired member reemployed for more than 780

16  hours during the first 12 months of retirement shall give

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

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

19  shall suspend his or her retirement benefits for the remainder

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

21  violation of this subparagraph and any employing agency which

22  knowingly employs or appoints such person without notifying

23  the Division of Retirement to suspend retirement benefits

24  shall be jointly and severally liable for reimbursement to the

25  Retirement System Trust Fund of any benefits paid during the

26  reemployment limitation period. To avoid liability, such

27  employing agency shall have a written statement from the

28  retiree that he or she is not retired from a

29  state-administered retirement system. Any retirement benefits

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

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

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2556
    581-2398-06




 1  to the Retirement System Trust Fund, and retirement benefits

 2  shall remain suspended until repayment is made. Benefits

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

 4  months of retirement shall apply toward repayment of benefits

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

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

 7  

 8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 9                         Senate Bill 2556

10                                 

11  This committee substitute narrows the bill's application to
    authorize only district school board and the Florida School
12  for the Deaf and the Blind instructional personnel, as defined
    in s. 1012.01(2)(a)-(d), F.S., to be reemployed on an annual
13  contractual basis after the personnel have been retired for
    one calendar month.
14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  10

CODING: Words stricken are deletions; words underlined are additions.