HB 779

1	A bill to be entitled
2	An act relating to the Florida Retirement System; amending
3	s. 121.021, F.S.; revising definition of the term "phased
4	retirement program"; amending s. 121.091, F.S.; revising
5	certain limitations on positions for which district school
6	boards, community colleges, state universities, and the
7	Florida School for the Deaf and the Blind may reemploy a
8	member of the Florida Retirement System after a specified
9	period of retirement; extending participation in the
10	Deferred Retirement Option Program to prekindergarten and
11	K-20 employees receiving administrative authorization;
12	revising the election period in the Deferred Retirement
13	Option Program for prekindergarten and K-20 employees;
14	providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Subsection (43) of section 121.021, Florida
19	Statutes, is amended to read:
20	121.021  Definitions.--The following words and phrases as
21	used in this chapter have the respective meanings set forth
22	unless a different meaning is plainly required by the context:
23	(43)  "Phased retirement program" means a program
24	contracted by the governing board of a university or community
25	college participating under this chapter in which a retiree may
26	be reemployed in a faculty position provided:
27	(a)  The member retired and met the definition of
28	termination under this section; and
29	(b)  The retired member is reemployed for not more than 780
30	hours during the first 12 months of his or her retirement; and
31	(b)(c)  The retired member is reemployed with the
32	university or community college from which he or she retired.
33
34	Renewed membership for a retiree participating in a phased
35	retirement program shall be determined in accordance with s.
36	121.053 or s. 121.122.
37	Section 2.  Paragraph (b) of subsection (9) and paragraphs
38	(a) and (b) of subsection (13) and of section 121.091, Florida
39	Statutes, are amended to read:
40	121.091  Benefits payable under the system.--Benefits may
41	not be paid under this section unless the member has terminated
42	employment as provided in s. 121.021(39)(a) or begun
43	participation in the Deferred Retirement Option Program as
44	provided in subsection (13), and a proper application has been
45	filed in the manner prescribed by the department. The department
46	may cancel an application for retirement benefits when the
47	member or beneficiary fails to timely provide the information
48	and documents required by this chapter and the department's
49	rules. The department shall adopt rules establishing procedures
50	for application for retirement benefits and for the cancellation
51	of such application when the required information or documents
52	are not received.
53	(9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
54	(b)1.  Any person who is retired under this chapter, except
55	under the disability retirement provisions of subsection (4),
56	may be reemployed by any private or public employer after
57	retirement and receive retirement benefits and compensation from
58	his or her employer without any limitations, except that a
59	person may not receive both a salary from reemployment with any
60	agency participating in the Florida Retirement System and
61	retirement benefits under this chapter for a period of 12 months
62	immediately subsequent to the date of retirement. However, a
63	DROP participant shall continue employment and receive a salary
64	during the period of participation in the Deferred Retirement
65	Option Program, as provided in subsection (13).
66	2.  Any person to whom the limitation in subparagraph 1.
67	applies who violates such reemployment limitation and who is
68	reemployed with any agency participating in the Florida
69	Retirement System before completion of the 12-month limitation
70	period shall give timely notice of this fact in writing to the
71	employer and to the division and shall have his or her
72	retirement benefits suspended for the balance of the 12-month
73	limitation period. Any person employed in violation of this
74	paragraph and any employing agency which knowingly employs or
75	appoints such person without notifying the Division of
76	Retirement to suspend retirement benefits shall be jointly and
77	severally liable for reimbursement to the retirement trust fund
78	of any benefits paid during the reemployment limitation period.
79	To avoid liability, such employing agency shall have a written
80	statement from the retiree that he or she is not retired from a
81	state-administered retirement system. Any retirement benefits
82	received while reemployed during this reemployment limitation
83	period shall be repaid to the retirement trust fund, and
84	retirement benefits shall remain suspended until such repayment
85	has been made. Benefits suspended beyond the reemployment
86	limitation shall apply toward repayment of benefits received in
87	violation of the reemployment limitation.
88	3.  A district school board may reemploy a retired member
89	as a substitute or hourly teacher, education paraprofessional,
90	transportation assistant, bus driver, or food service worker on
91	an annual contractual basis or on a noncontractual basis after
92	he or she has been retired for 1 calendar month, in accordance
93	with s. 121.021(39). A district school board may reemploy a
94	retired member as instructional personnel, as defined in s.
95	1012.01(2)(a), on an annual contractual basis after he or she
96	has been retired for 1 calendar month, in accordance with s.
97	121.021(39). Any other retired member who is reemployed within 1
98	calendar month after retirement shall void his or her
99	application for retirement benefits. District school boards
100	reemploying such retired members teachers, education
101	paraprofessionals, transportation assistants, bus drivers, or
102	food service workers are subject to the retirement contribution
103	required by subparagraph 7.
104	4.  A community college board of trustees may reemploy a
105	retired member as an adjunct instructor on an annual contractual
106	basis, on a that is, an instructor who is noncontractual basis
107	and part-time, or as a participant in a phased retirement
108	program within the Florida Community College System, after he or
109	she has been retired for 1 calendar month, in accordance with s.
110	121.021(39). Any retired member who is reemployed within 1
111	calendar month after retirement shall void his or her
112	application for retirement benefits. Boards of trustees
113	reemploying such instructors are subject to the retirement
114	contribution required in subparagraph 7. A retired member may be
115	reemployed as an adjunct instructor for no more than 780 hours
116	during the first 12 months of retirement. Any retired member
117	reemployed for more than 780 hours during the first 12 months of
118	retirement shall give timely notice in writing to the employer
119	and to the division of the date he or she will exceed the
120	limitation. The division shall suspend his or her retirement
121	benefits for the remainder of the first 12 months of retirement.
122	Any person employed in violation of this subparagraph and any
123	employing agency which knowingly employs or appoints such person
124	without notifying the Division of Retirement to suspend
125	retirement benefits shall be jointly and severally liable for
126	reimbursement to the retirement trust fund of any benefits paid
127	during the reemployment limitation period. To avoid liability,
128	such employing agency shall have a written statement from the
129	retiree that he or she is not retired from a state-administered
130	retirement system. Any retirement benefits received by a retired
131	member while reemployed in excess of 780 hours during the first
132	12 months of retirement shall be repaid to the Retirement System
133	Trust Fund, and retirement benefits shall remain suspended until
134	repayment is made. Benefits suspended beyond the end of the
135	retired member's first 12 months of retirement shall apply
136	toward repayment of benefits received in violation of the 780-
137	hour reemployment limitation.
138	5.  The State University System may reemploy a retired
139	member as a an adjunct faculty member on an annual contractual
140	basis, on a noncontractual basis, or as a participant in a
141	phased retirement program within the State University System
142	after the retired member has been retired for 1 calendar month,
143	in accordance with s. 121.021(39). Any retired member who is
144	reemployed within 1 calendar month after retirement shall void
145	his or her application for retirement benefits. The State
146	University System is subject to the retired contribution
147	required in subparagraph 7., as appropriate. A retired member
148	may be reemployed as an adjunct faculty member or a participant
149	in a phased retirement program for no more than 780 hours during
150	the first 12 months of his or her retirement. Any retired member
151	reemployed for more than 780 hours during the first 12 months of
152	retirement shall give timely notice in writing to the employer
153	and to the division of the date he or she will exceed the
154	limitation. The division shall suspend his or her retirement
155	benefits for the remainder of the first 12 months of retirement.
156	Any person employed in violation of this subparagraph and any
157	employing agency which knowingly employs or appoints such person
158	without notifying the Division of Retirement to suspend
159	retirement benefits shall be jointly and severally liable for
160	reimbursement to the retirement trust fund of any benefits paid
161	during the reemployment limitation period. To avoid liability,
162	such employing agency shall have a written statement from the
163	retiree that he or she is not retired from a state-administered
164	retirement system. Any retirement benefits received by a retired
165	member while reemployed in excess of 780 hours during the first
166	12 months of retirement shall be repaid to the Retirement System
167	Trust Fund, and retirement benefits shall remain suspended until
168	repayment is made. Benefits suspended beyond the end of the
169	retired member's first 12 months of retirement shall apply
170	toward repayment of benefits received in violation of the 780-
171	hour reemployment limitation.
172	6.  The Board of Trustees of the Florida School for the
173	Deaf and the Blind may reemploy a retired member as a substitute
174	teacher, substitute residential instructor, or substitute nurse
175	on a noncontractual basis after he or she has been retired for 1
176	calendar month, in accordance with s. 121.021(39). The Board of
177	Trustees of the Florida School for the Deaf and the Blind may
178	reemploy a retired member as instructional personnel, as defined
179	in s. 1012.01(2), on an annual contractual basis after he or she
180	has been retired for 1 calendar month, in accordance with s.
181	121.021(39). Any retired member who is reemployed within 1
182	calendar month after retirement shall void his or her
183	application for retirement benefits. The Board of Trustees of
184	the Florida School for the Deaf and the Blind reemploying such
185	teachers, residential instructors, or nurses, or instructional
186	personnel is subject to the retirement contribution required by
187	subparagraph 7. Reemployment of a retired member as a substitute
188	teacher, substitute residential instructor, or substitute nurse
189	is limited to 780 hours during the first 12 months of his or her
190	retirement. Any retired member reemployed for more than 780
191	hours during the first 12 months of retirement shall give timely
192	notice in writing to the employer and to the division of the
193	date he or she will exceed the limitation. The division shall
194	suspend his or her retirement benefits for the remainder of the
195	first 12 months of retirement. Any person employed in violation
196	of this subparagraph and any employing agency which knowingly
197	employs or appoints such person without notifying the Division
198	of Retirement to suspend retirement benefits shall be jointly
199	and severally liable for reimbursement to the retirement trust
200	fund of any benefits paid during the reemployment limitation
201	period. To avoid liability, such employing agency shall have a
202	written statement from the retiree that he or she is not retired
203	from a state-administered retirement system. Any retirement
204	benefits received by a retired member while reemployed in excess
205	of 780 hours during the first 12 months of retirement shall be
206	repaid to the Retirement System Trust Fund, and his or her
207	retirement benefits shall remain suspended until payment is
208	made. Benefits suspended beyond the end of the retired member's
209	first 12 months of retirement shall apply toward repayment of
210	benefits received in violation of the 780-hour reemployment
211	limitation.
212	7.  The employment by an employer of any retiree or DROP
213	participant of any state-administered retirement system shall
214	have no effect on the average final compensation or years of
215	creditable service of the retiree or DROP participant. Prior to
216	July 1, 1991, upon employment of any person, other than an
217	elected officer as provided in s. 121.053, who has been retired
218	under any state-administered retirement program, the employer
219	shall pay retirement contributions in an amount equal to the
220	unfunded actuarial liability portion of the employer
221	contribution which would be required for regular members of the
222	Florida Retirement System. Effective July 1, 1991, contributions
223	shall be made as provided in s. 121.122 for retirees with
224	renewed membership or subsection (13) with respect to DROP
225	participants.
226	8.  Any person who has previously retired and who is
227	holding an elective public office or an appointment to an
228	elective public office eligible for the Elected Officers' Class
229	on or after July 1, 1990, shall be enrolled in the Florida
230	Retirement System as provided in s. 121.053(1)(b) or, if holding
231	an elective public office that does not qualify for the Elected
232	Officers' Class on or after July 1, 1991, shall be enrolled in
233	the Florida Retirement System as provided in s. 121.122, and
234	shall continue to receive retirement benefits as well as
235	compensation for the elected officer's service for as long as he
236	or she remains in elective office. However, any retired member
237	who served in an elective office prior to July 1, 1990,
238	suspended his or her retirement benefit, and had his or her
239	Florida Retirement System membership reinstated shall, upon
240	retirement from such office, have his or her retirement benefit
241	recalculated to include the additional service and compensation
242	earned.
243	9.  Any person who is holding an elective public office
244	which is covered by the Florida Retirement System and who is
245	concurrently employed in nonelected covered employment may elect
246	to retire while continuing employment in the elective public
247	office, provided that he or she shall be required to terminate
248	his or her nonelected covered employment. Any person who
249	exercises this election shall receive his or her retirement
250	benefits in addition to the compensation of the elective office
251	without regard to the time limitations otherwise provided in
252	this subsection. No person who seeks to exercise the provisions
253	of this subparagraph, as the same existed prior to May 3, 1984,
254	shall be deemed to be retired under those provisions, unless
255	such person is eligible to retire under the provisions of this
256	subparagraph, as amended by chapter 84-11, Laws of Florida.
257	10.  The limitations of this paragraph apply to
258	reemployment in any capacity with an "employer" as defined in s.
259	121.021(10), irrespective of the category of funds from which
260	the person is compensated.
261	11.  An employing agency may reemploy a retired member as a
262	firefighter or paramedic after the retired member has been
263	retired for 1 calendar month, in accordance with s. 121.021(39).
264	Any retired member who is reemployed within 1 calendar month
265	after retirement shall void his or her application for
266	retirement benefits. The employing agency reemploying such
267	firefighter or paramedic is subject to the retired contribution
268	required in subparagraph 8. Reemployment of a retired
269	firefighter or paramedic is limited to no more than 780 hours
270	during the first 12 months of his or her retirement. Any retired
271	member reemployed for more than 780 hours during the first 12
272	months of retirement shall give timely notice in writing to the
273	employer and to the division of the date he or she will exceed
274	the limitation. The division shall suspend his or her retirement
275	benefits for the remainder of the first 12 months of retirement.
276	Any person employed in violation of this subparagraph and any
277	employing agency which knowingly employs or appoints such person
278	without notifying the Division of Retirement to suspend
279	retirement benefits shall be jointly and severally liable for
280	reimbursement to the Retirement System Trust Fund of any
281	benefits paid during the reemployment limitation period. To
282	avoid liability, such employing agency shall have a written
283	statement from the retiree that he or she is not retired from a
284	state-administered retirement system. Any retirement benefits
285	received by a retired member while reemployed in excess of 780
286	hours during the first 12 months of retirement shall be repaid
287	to the Retirement System Trust Fund, and retirement benefits
288	shall remain suspended until repayment is made. Benefits
289	suspended beyond the end of the retired member's first 12 months
290	of retirement shall apply toward repayment of benefits received
291	in violation of the 780-hour reemployment limitation.
292	(13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general, and
293	subject to the provisions of this section, the Deferred
294	Retirement Option Program, hereinafter referred to as the DROP,
295	is a program under which an eligible member of the Florida
296	Retirement System may elect to participate, deferring receipt of
297	retirement benefits while continuing employment with his or her
298	Florida Retirement System employer. The deferred monthly
299	benefits shall accrue in the System Trust Fund on behalf of the
300	participant, plus interest compounded monthly, for the specified
301	period of the DROP participation, as provided in paragraph (c).
302	Upon termination of employment, the participant shall receive
303	the total DROP benefits and begin to receive the previously
304	determined normal retirement benefits. Participation in the DROP
305	does not guarantee employment for the specified period of DROP.
306	Participation in the DROP by an eligible member beyond the
307	initial 60-month period as authorized in this subsection shall
308	be on an annual contractual basis for all participants.
309	(a)  Eligibility of member to participate in the DROP.--All
310	active Florida Retirement System members in a regularly
311	established position, and all active members of either the
312	Teachers' Retirement System established in chapter 238 or the
313	State and County Officers' and Employees' Retirement System
314	established in chapter 122 which systems are consolidated within
315	the Florida Retirement System under s. 121.011, are eligible to
316	elect participation in the DROP provided that:
317	1.  The member is not a renewed member of the Florida
318	Retirement System under s. 121.122, or a member of the State
319	Community College System Optional Retirement Program under s.
320	121.051, the Senior Management Service Optional Annuity Program
321	under s. 121.055, or the optional retirement program for the
322	State University System under s. 121.35.
323	2.  Except as provided in subparagraph 6., election to
324	participate is made within 12 months immediately following the
325	date on which the member first reaches normal retirement date,
326	or, for a member who reaches normal retirement date based on
327	service before he or she reaches age 62, or age 55 for Special
328	Risk Class members, election to participate may be deferred to
329	the 12 months immediately following the date the member attains
330	57, or age 52 for Special Risk Class members. For a member who
331	first reached normal retirement date or the deferred eligibility
332	date described above prior to the effective date of this
333	section, election to participate shall be made within 12 months
334	after the effective date of this section. A member who fails to
335	make an election within such 12-month limitation period shall
336	forfeit all rights to participate in the DROP. The member shall
337	advise his or her employer and the division in writing of the
338	date on which the DROP shall begin. Such beginning date may be
339	subsequent to the 12-month election period, but must be within
340	the 60-month or, with respect to members who are prekindergarten
341	or K-20 employees of a public school district, a charter school,
342	instructional personnel employed by the Florida School for the
343	Deaf and the Blind, a community college, or a state university
344	and who have received authorization from the appropriate
345	administrative body by the Board of Trustees of the Florida
346	School for the Deaf and the Blind to participate in the DROP
347	beyond 60 months, or who are instructional personnel as defined
348	in s. 1012.01(2)(a)-(d) in grades K-12 and who have received
349	authorization by the district school superintendent to
350	participate in the DROP beyond 60 months, the 96-month
351	limitation period as provided in subparagraph (b)1. When
352	establishing eligibility of the member to participate in the
353	DROP for the 60-month or, with respect to members who are
354	prekindergarten or K-20 employees of a public school district, a
355	charter school, instructional personnel employed by the Florida
356	School for the Deaf and the Blind, a community college, or a
357	state university and who have received authorization from the
358	appropriate administrative body by the Board of Trustees of the
359	Florida School for the Deaf and the Blind to participate in the
360	DROP beyond 60 months, or who are instructional personnel as
361	defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have
362	received authorization by the district school superintendent to
363	participate in the DROP beyond 60 months, the 96-month maximum
364	participation period, the member may elect to include or exclude
365	any optional service credit purchased by the member from the
366	total service used to establish the normal retirement date. A
367	member with dual normal retirement dates shall be eligible to
368	elect to participate in DROP within 12 months after attaining
369	normal retirement date in either class.
370	3.  The employer of a member electing to participate in the
371	DROP, or employers if dually employed, shall acknowledge in
372	writing to the division the date the member's participation in
373	the DROP begins and the date the member's employment and DROP
374	participation will terminate.
375	4.  Simultaneous employment of a participant by additional
376	Florida Retirement System employers subsequent to the
377	commencement of participation in the DROP shall be permissible
378	provided such employers acknowledge in writing a DROP
379	termination date no later than the participant's existing
380	termination date or the 60-month limitation period as provided
381	in subparagraph (b)1.
382	5.  A DROP participant may change employers while
383	participating in the DROP, subject to the following:
384	a.  A change of employment must take place without a break
385	in service so that the member receives salary for each month of
386	continuous DROP participation. If a member receives no salary
387	during a month, DROP participation shall cease unless the
388	employer verifies a continuation of the employment relationship
389	for such participant pursuant to s. 121.021(39)(b).
390	b.  Such participant and new employer shall notify the
391	division on forms required by the division as to the identity of
392	the new employer.
393	c.  The new employer shall acknowledge, in writing, the
394	participant's DROP termination date, which may be extended but
395	not beyond the original 60-month or, with respect to members who
396	are prekindergarten or K-20 employees of a public school
397	district, a charter school, instructional personnel employed by
398	the Florida School for the Deaf and the Blind, a community
399	college, or a state university and who have received
400	authorization from the appropriate administrative body by the
401	Board of Trustees of the Florida School for the Deaf and the
402	Blind to participate in the DROP beyond 60 months, or who are
403	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
404	grades K-12 and who have received authorization by the district
405	school superintendent to participate in the DROP beyond 60
406	months, the 96-month period provided in subparagraph (b)1.,
407	shall acknowledge liability for any additional retirement
408	contributions and interest required if the participant fails to
409	timely terminate employment, and shall be subject to the
410	adjustment required in sub-subparagraph (c)5.d.
411	6.  Effective July 1, 2001, for instructional personnel as
412	defined in s. 1012.01(2), election to participate in the DROP
413	shall be made at any time following the date on which the member
414	first reaches normal retirement date. Effective July 1, 2006,
415	any eligible prekindergarten or K-20 employee of a public school
416	district, a charter school, the Florida School for the Deaf and
417	the Blind, a community college, or a state university may elect
418	to participate in the DROP at any time following the date on
419	which the member first reaches normal retirement date. The
420	member shall advise his or her employer and the division in
421	writing of the date on which the Deferred Retirement Option
422	Program shall begin. When establishing eligibility of the member
423	to participate in the DROP for the 60-month or, with respect to
424	members who are prekindergarten or K-20 employees of a public
425	school district, a charter school, instructional personnel
426	employed by the Florida School for the Deaf and the Blind, a
427	community college, or a state university and who have received
428	authorization from the appropriate administrative body by the
429	Board of Trustees of the Florida School for the Deaf and the
430	Blind to participate in the DROP beyond 60 months, or who are
431	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
432	grades K-12 and who have received authorization by the district
433	school superintendent to participate in the DROP beyond 60
434	months, the 96-month maximum participation period, as provided
435	in subparagraph (b)1., the member may elect to include or
436	exclude any optional service credit purchased by the member from
437	the total service used to establish the normal retirement date.
438	A member with dual normal retirement dates shall be eligible to
439	elect to participate in either class.
440	(b)  Participation in the DROP.--
441	1.  An eligible member may elect to participate in the DROP
442	for a period not to exceed a maximum of 60 calendar months or,
443	with respect to members who are prekindergarten or K-20
444	employees of a public school district, a charter school,
445	instructional personnel employed by the Florida School for the
446	Deaf and the Blind, a community college, or a state university
447	and who have received authorization from the appropriate
448	administrative body by the Board of Trustees of the Florida
449	School for the Deaf and the Blind to participate in the DROP
450	beyond 60 months, or who are instructional personnel as defined
451	in s. 1012.01(2)(a)-(d) in grades K-12 and who have received
452	authorization by the district school superintendent to
453	participate in the DROP beyond 60 calendar months, 96 calendar
454	months immediately following the date on which the member first
455	reaches his or her normal retirement date or the date to which
456	he or she is eligible to defer his or her election to
457	participate as provided in subparagraph (a)2. However, a member
458	who has reached normal retirement date prior to the effective
459	date of the DROP shall be eligible to participate in the DROP
460	for a period of time not to exceed 60 calendar months or, with
461	respect to members who are prekindergarten or K-20 employees of
462	a public school district, a charter school, instructional
463	personnel employed by the Florida School for the Deaf and the
464	Blind, a community college, or a state university and who have
465	received authorization from the appropriate administrative body
466	by the Board of Trustees of the Florida School for the Deaf and
467	the Blind to participate in the DROP beyond 60 months, or who
468	are instructional personnel as defined in s. 1012.01(2)(a)-(d)
469	in grades K-12 and who have received authorization by the
470	district school superintendent to participate in the DROP beyond
471	60 calendar months, 96 calendar months immediately following the
472	effective date of the DROP, except a member of the Special Risk
473	Class who has reached normal retirement date prior to the
474	effective date of the DROP and whose total accrued value exceeds
475	75 percent of average final compensation as of his or her
476	effective date of retirement shall be eligible to participate in
477	the DROP for no more than 36 calendar months immediately
478	following the effective date of the DROP.
479	2.  Upon deciding to participate in the DROP, the member
480	shall submit, on forms required by the division:
481	a.  A written election to participate in the DROP;
482	b.  Selection of the DROP participation and termination
483	dates, which satisfy the limitations stated in paragraph (a) and
484	subparagraph 1. Such termination date shall be in a binding
485	letter of resignation with the employer, establishing a deferred
486	termination date. The member may change the termination date
487	within the limitations of subparagraph 1., but only with the
488	written approval of his or her employer;
489	c.  A properly completed DROP application for service
490	retirement as provided in this section; and
491	d.  Any other information required by the division.
492	3.  The DROP participant shall be a retiree under the
493	Florida Retirement System for all purposes, except for paragraph
494	(5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053,
495	and 121.122. However, participation in the DROP does not alter
496	the participant's employment status and such employee shall not
497	be deemed retired from employment until his or her deferred
498	resignation is effective and termination occurs as provided in
499	s. 121.021(39).
500	4.  Elected officers shall be eligible to participate in
501	the DROP subject to the following:
502	a.  An elected officer who reaches normal retirement date
503	during a term of office may defer the election to participate in
504	the DROP until the next succeeding term in that office. Such
505	elected officer who exercises this option may participate in the
506	DROP for up to 60 calendar months or a period of no longer than
507	such succeeding term of office, whichever is less.
508	b.  An elected or a nonelected participant may run for a
509	term of office while participating in DROP and, if elected,
510	extend the DROP termination date accordingly, except, however,
511	if such additional term of office exceeds the 60-month
512	limitation established in subparagraph 1., and the officer does
513	not resign from office within such 60-month limitation, the
514	retirement and the participant's DROP shall be null and void as
515	provided in sub-subparagraph (c)5.d.
516	c.  An elected officer who is dually employed and elects to
517	participate in DROP shall be required to satisfy the definition
518	of termination within the 60-month or, with respect to members
519	who are prekindergarten or K-20 employees of a public school
520	district, a charter school, instructional personnel employed by
521	the Florida School for the Deaf and the Blind, a community
522	college, or a state university and who have received
523	authorization from the appropriate administrative body by the
524	Board of Trustees of the Florida School for the Deaf and the
525	Blind to participate in the DROP beyond 60 months, or who are
526	instructional personnel as defined in s. 1012.01(2)(a)-(d) in
527	grades K-12 and who have received authorization by the district
528	school superintendent to participate in the DROP beyond 60
529	months, the 96-month limitation period as provided in
530	subparagraph 1. for the nonelected position and may continue
531	employment as an elected officer as provided in s. 121.053. The
532	elected officer will be enrolled as a renewed member in the
533	Elected Officers' Class or the Regular Class, as provided in ss.
534	121.053 and 121.122, on the first day of the month after
535	termination of employment in the nonelected position and
536	termination of DROP. Distribution of the DROP benefits shall be
537	made as provided in paragraph (c).
538	Section 3.  This act shall take effect July 1, 2006, except
539	that changes effected by this act to the Deferred Retirement
540	Option Program shall take effect June 1, 2006.

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