HB 323

1
A bill to be entitled
2An act relating to reemployment after retirement; amending
3s. 121.091, F.S.; providing that certain law enforcement
4and correctional officers may only be reemployed at entry-
5level positions for the duration of such reemployment;
6providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Paragraph (b) of subsection (9) of section
11121.091, Florida Statutes, is amended to read:
12     121.091  Benefits payable under the system.--Benefits may
13not be paid under this section unless the member has terminated
14employment as provided in s. 121.021(39)(a) or begun
15participation in the Deferred Retirement Option Program as
16provided in subsection (13), and a proper application has been
17filed in the manner prescribed by the department. The department
18may cancel an application for retirement benefits when the
19member or beneficiary fails to timely provide the information
20and documents required by this chapter and the department's
21rules. The department shall adopt rules establishing procedures
22for application for retirement benefits and for the cancellation
23of such application when the required information or documents
24are not received.
25     (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
26     (b)1.  Any person who is retired under this chapter, except
27under the disability retirement provisions of subsection (4),
28may be reemployed by any private or public employer after
29retirement and receive retirement benefits and compensation from
30his or her employer without any limitations, except that a
31person may not receive both a salary from reemployment with any
32agency participating in the Florida Retirement System and
33retirement benefits under this chapter for a period of 12 months
34immediately subsequent to the date of retirement. However, a
35DROP participant shall continue employment and receive a salary
36during the period of participation in the Deferred Retirement
37Option Program, as provided in subsection (13). Notwithstanding
38the provisions of this subparagraph, an employing agency may
39only reemploy a law enforcement officer as defined in s.
40943.10(1), a correctional officer as defined in s. 943.10(2), or
41a correctional probation officer as defined in s. 943.10(3) at
42an entry-level position for the duration of such reemployment.
43     2.  Any person to whom the limitation in subparagraph 1.
44applies who violates such reemployment limitation and who is
45reemployed with any agency participating in the Florida
46Retirement System before completion of the 12-month limitation
47period shall give timely notice of this fact in writing to the
48employer and to the division and shall have his or her
49retirement benefits suspended for the balance of the 12-month
50limitation period. Any person employed in violation of this
51paragraph and any employing agency which knowingly employs or
52appoints such person without notifying the Division of
53Retirement to suspend retirement benefits shall be jointly and
54severally liable for reimbursement to the retirement trust fund
55of any benefits paid during the reemployment limitation period.
56To avoid liability, such employing agency shall have a written
57statement from the retiree that he or she is not retired from a
58state-administered retirement system. Any retirement benefits
59received while reemployed during this reemployment limitation
60period shall be repaid to the retirement trust fund, and
61retirement benefits shall remain suspended until such repayment
62has been made. Benefits suspended beyond the reemployment
63limitation shall apply toward repayment of benefits received in
64violation of the reemployment limitation.
65     3.  A district school board may reemploy a retired member
66as a substitute or hourly teacher, education paraprofessional,
67transportation assistant, bus driver, or food service worker on
68a noncontractual basis after he or she has been retired for 1
69calendar month, in accordance with s. 121.021(39). A district
70school board may reemploy a retired member as instructional
71personnel, as defined in s. 1012.01(2)(a), on an annual
72contractual basis after he or she has been retired for 1
73calendar month, in accordance with s. 121.021(39). Any other
74retired member who is reemployed within 1 calendar month after
75retirement shall void his or her application for retirement
76benefits. District school boards reemploying such teachers,
77education paraprofessionals, transportation assistants, bus
78drivers, or food service workers are subject to the retirement
79contribution required by subparagraph 7.
80     4.  A community college board of trustees may reemploy a
81retired member as an adjunct instructor, that is, an instructor
82who is noncontractual and part-time, or as a participant in a
83phased retirement program within the Florida Community College
84System, after he or she has been retired for 1 calendar month,
85in accordance with s. 121.021(39). Any retired member who is
86reemployed within 1 calendar month after retirement shall void
87his or her application for retirement benefits. Boards of
88trustees reemploying such instructors are subject to the
89retirement contribution required in subparagraph 7. A retired
90member may be reemployed as an adjunct instructor for no more
91than 780 hours during the first 12 months of retirement. Any
92retired member reemployed for more than 780 hours during the
93first 12 months of retirement shall give timely notice in
94writing to the employer and to the division of the date he or
95she will exceed the limitation. The division shall suspend his
96or her retirement benefits for the remainder of the first 12
97months of retirement. Any person employed in violation of this
98subparagraph and any employing agency which knowingly employs or
99appoints such person without notifying the Division of
100Retirement to suspend retirement benefits shall be jointly and
101severally liable for reimbursement to the retirement trust fund
102of any benefits paid during the reemployment limitation period.
103To avoid liability, such employing agency shall have a written
104statement from the retiree that he or she is not retired from a
105state-administered retirement system. Any retirement benefits
106received by a retired member while reemployed in excess of 780
107hours during the first 12 months of retirement shall be repaid
108to the Retirement System Trust Fund, and retirement benefits
109shall remain suspended until repayment is made. Benefits
110suspended beyond the end of the retired member's first 12 months
111of retirement shall apply toward repayment of benefits received
112in violation of the 780-hour reemployment limitation.
113     5.  The State University System may reemploy a retired
114member as an adjunct faculty member or as a participant in a
115phased retirement program within the State University System
116after the retired member has been retired for 1 calendar month,
117in accordance with s. 121.021(39). Any retired member who is
118reemployed within 1 calendar month after retirement shall void
119his or her application for retirement benefits. The State
120University System is subject to the retired contribution
121required in subparagraph 7., as appropriate. A retired member
122may be reemployed as an adjunct faculty member or a participant
123in a phased retirement program for no more than 780 hours during
124the first 12 months of his or her retirement. Any retired member
125reemployed for more than 780 hours during the first 12 months of
126retirement shall give timely notice in writing to the employer
127and to the division of the date he or she will exceed the
128limitation. The division shall suspend his or her retirement
129benefits for the remainder of the first 12 months of retirement.
130Any person employed in violation of this subparagraph and any
131employing agency which knowingly employs or appoints such person
132without notifying the Division of Retirement to suspend
133retirement benefits shall be jointly and severally liable for
134reimbursement to the retirement trust fund of any benefits paid
135during the reemployment limitation period. To avoid liability,
136such employing agency shall have a written statement from the
137retiree that he or she is not retired from a state-administered
138retirement system. Any retirement benefits received by a retired
139member while reemployed in excess of 780 hours during the first
14012 months of retirement shall be repaid to the Retirement System
141Trust Fund, and retirement benefits shall remain suspended until
142repayment is made. Benefits suspended beyond the end of the
143retired member's first 12 months of retirement shall apply
144toward repayment of benefits received in violation of the 780-
145hour reemployment limitation.
146     6.  The Board of Trustees of the Florida School for the
147Deaf and the Blind may reemploy a retired member as a substitute
148teacher, substitute residential instructor, or substitute nurse
149on a noncontractual basis after he or she has been retired for 1
150calendar month, in accordance with s. 121.021(39). Any retired
151member who is reemployed within 1 calendar month after
152retirement shall void his or her application for retirement
153benefits. The Board of Trustees of the Florida School for the
154Deaf and the Blind reemploying such teachers, residential
155instructors, or nurses is subject to the retirement contribution
156required by subparagraph 7. Reemployment of a retired member as
157a substitute teacher, substitute residential instructor, or
158substitute nurse is limited to 780 hours during the first 12
159months of his or her retirement. Any retired member reemployed
160for more than 780 hours during the first 12 months of retirement
161shall give timely notice in writing to the employer and to the
162division of the date he or she will exceed the limitation. The
163division shall suspend his or her retirement benefits for the
164remainder of the first 12 months of retirement. Any person
165employed in violation of this subparagraph and any employing
166agency which knowingly employs or appoints such person without
167notifying the Division of Retirement to suspend retirement
168benefits shall be jointly and severally liable for reimbursement
169to the retirement trust fund of any benefits paid during the
170reemployment limitation period. To avoid liability, such
171employing agency shall have a written statement from the retiree
172that he or she is not retired from a state-administered
173retirement system. Any retirement benefits received by a retired
174member while reemployed in excess of 780 hours during the first
17512 months of retirement shall be repaid to the Retirement System
176Trust Fund, and his or her retirement benefits shall remain
177suspended until payment is made. Benefits suspended beyond the
178end of the retired member's first 12 months of retirement shall
179apply toward repayment of benefits received in violation of the
180780-hour reemployment limitation.
181     7.  The employment by an employer of any retiree or DROP
182participant of any state-administered retirement system shall
183have no effect on the average final compensation or years of
184creditable service of the retiree or DROP participant. Prior to
185July 1, 1991, upon employment of any person, other than an
186elected officer as provided in s. 121.053, who has been retired
187under any state-administered retirement program, the employer
188shall pay retirement contributions in an amount equal to the
189unfunded actuarial liability portion of the employer
190contribution which would be required for regular members of the
191Florida Retirement System. Effective July 1, 1991, contributions
192shall be made as provided in s. 121.122 for retirees with
193renewed membership or subsection (13) with respect to DROP
194participants.
195     8.  Any person who has previously retired and who is
196holding an elective public office or an appointment to an
197elective public office eligible for the Elected Officers' Class
198on or after July 1, 1990, shall be enrolled in the Florida
199Retirement System as provided in s. 121.053(1)(b) or, if holding
200an elective public office that does not qualify for the Elected
201Officers' Class on or after July 1, 1991, shall be enrolled in
202the Florida Retirement System as provided in s. 121.122, and
203shall continue to receive retirement benefits as well as
204compensation for the elected officer's service for as long as he
205or she remains in elective office. However, any retired member
206who served in an elective office prior to July 1, 1990,
207suspended his or her retirement benefit, and had his or her
208Florida Retirement System membership reinstated shall, upon
209retirement from such office, have his or her retirement benefit
210recalculated to include the additional service and compensation
211earned.
212     9.  Any person who is holding an elective public office
213which is covered by the Florida Retirement System and who is
214concurrently employed in nonelected covered employment may elect
215to retire while continuing employment in the elective public
216office, provided that he or she shall be required to terminate
217his or her nonelected covered employment. Any person who
218exercises this election shall receive his or her retirement
219benefits in addition to the compensation of the elective office
220without regard to the time limitations otherwise provided in
221this subsection. No person who seeks to exercise the provisions
222of this subparagraph, as the same existed prior to May 3, 1984,
223shall be deemed to be retired under those provisions, unless
224such person is eligible to retire under the provisions of this
225subparagraph, as amended by chapter 84-11, Laws of Florida.
226     10.  The limitations of this paragraph apply to
227reemployment in any capacity with an "employer" as defined in s.
228121.021(10), irrespective of the category of funds from which
229the person is compensated.
230     11.  An employing agency may reemploy a retired member as a
231firefighter or paramedic after the retired member has been
232retired for 1 calendar month, in accordance with s. 121.021(39).
233Any retired member who is reemployed within 1 calendar month
234after retirement shall void his or her application for
235retirement benefits. The employing agency reemploying such
236firefighter or paramedic is subject to the retired contribution
237required in subparagraph 8. Reemployment of a retired
238firefighter or paramedic is limited to no more than 780 hours
239during the first 12 months of his or her retirement. Any retired
240member reemployed for more than 780 hours during the first 12
241months of retirement shall give timely notice in writing to the
242employer and to the division of the date he or she will exceed
243the limitation. The division shall suspend his or her retirement
244benefits for the remainder of the first 12 months of retirement.
245Any person employed in violation of this subparagraph and any
246employing agency which knowingly employs or appoints such person
247without notifying the Division of Retirement to suspend
248retirement benefits shall be jointly and severally liable for
249reimbursement to the Retirement System Trust Fund of any
250benefits paid during the reemployment limitation period. To
251avoid liability, such employing agency shall have a written
252statement from the retiree that he or she is not retired from a
253state-administered retirement system. Any retirement benefits
254received by a retired member while reemployed in excess of 780
255hours during the first 12 months of retirement shall be repaid
256to the Retirement System Trust Fund, and retirement benefits
257shall remain suspended until repayment is made. Benefits
258suspended beyond the end of the retired member's first 12 months
259of retirement shall apply toward repayment of benefits received
260in violation of the 780-hour reemployment limitation.
261     Section 2.  This act shall take effect July 1, 2006.


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