Senate Bill sb2744

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    Florida Senate - 2007                                  SB 2744

    By Senator Alexander





    17-1597A-07

  1                      A bill to be entitled

  2         An act relating to instructional personnel;

  3         amending s. 121.091, F.S.; revising eligibility

  4         criteria for persons employed as instructional

  5         personnel in district schools to participate in

  6         the Deferred Retirement Option Program beyond

  7         60 months; authorizing instructional personnel

  8         in grades prekindergarten through 12 who are

  9         employed by charter schools to participate in

10         the Deferred Retirement Option Program for up

11         to 96 months if authorized by those schools'

12         governing boards; amending s. 1012.01, F.S.;

13         redefining the term "instructional personnel"

14         for the purposes of the Florida Education Code;

15         providing an effective date.

16  

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

18  

19         Section 1.  Paragraphs (a) and (b) of subsection (13)

20  of section 121.091, Florida Statutes, are amended to read:

21         121.091  Benefits payable under the system.--Benefits

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

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

24  begun participation in the Deferred Retirement Option Program

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

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

27  department may cancel an application for retirement benefits

28  when the member or beneficiary fails to timely provide the

29  information and documents required by this chapter and the

30  department's rules. The department shall adopt rules

31  establishing procedures for application for retirement

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    Florida Senate - 2007                                  SB 2744
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 1  benefits and for the cancellation of such application when the

 2  required information or documents are not received.

 3         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,

 4  and subject to the provisions of this section, the Deferred

 5  Retirement Option Program, hereinafter referred to as the

 6  DROP, is a program under which an eligible member of the

 7  Florida  Retirement System may elect to participate, deferring

 8  receipt of retirement benefits while continuing employment

 9  with his or her Florida Retirement System employer. The

10  deferred monthly benefits shall accrue in the System Trust

11  Fund on behalf of the participant, plus interest compounded

12  monthly, for the specified period of the DROP participation,

13  as provided in paragraph (c). Upon termination of employment,

14  the participant shall receive the total DROP benefits and

15  begin to receive the previously determined normal retirement

16  benefits. Participation in the DROP does not guarantee

17  employment for the specified period of DROP. Participation in

18  the DROP by an eligible member beyond the initial 60-month

19  period as authorized in this subsection shall be on an annual

20  contractual basis for all participants.

21         (a)  Eligibility of member to participate in the

22  DROP.--All active Florida Retirement System members in a

23  regularly established position, and all active members of

24  either the Teachers' Retirement System established in chapter

25  238 or the State and County Officers' and Employees'

26  Retirement System established in chapter 122 which systems are

27  consolidated within the Florida Retirement System under s.

28  121.011, are eligible to elect participation in the DROP

29  provided that:

30         1.  The member is not a renewed member of the Florida

31  Retirement System under s. 121.122, or a member of the State

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 1  Community College System Optional Retirement Program under s.

 2  121.051, the Senior Management Service Optional Annuity

 3  Program under s. 121.055, or the optional retirement program

 4  for the State University System under s. 121.35.

 5         2.  Except as provided in subparagraph 6., election to

 6  participate is made within 12 months immediately following the

 7  date on which the member first reaches normal retirement date,

 8  or, for a member who reaches normal retirement date based on

 9  service before he or she reaches age 62, or age 55 for Special

10  Risk Class members, election to participate may be deferred to

11  the 12 months immediately following the date the member

12  attains 57, or age 52 for Special Risk Class members. For a

13  member who first reached normal retirement date or the

14  deferred eligibility date described above prior to the

15  effective date of this section, election to participate shall

16  be made within 12 months after the effective date of this

17  section. A member who fails to make an election within such

18  12-month limitation period shall forfeit all rights to

19  participate in the DROP. The member shall advise his or her

20  employer and the division in writing of the date on which the

21  DROP shall begin. Such beginning date may be subsequent to the

22  12-month election period, but must be within the 60-month or,

23  with respect to members who are instructional personnel as

24  defined in s. 1012.01(2)(a)-(d) in grades prekindergarten

25  through 12 employed by a charter school and have received

26  authorization from the governing board of the charter school

27  to participate in the DROP beyond 60 months, who are

28  instructional personnel employed by the Florida School for the

29  Deaf and the Blind and who have received authorization by the

30  Board of Trustees of the Florida School for the Deaf and the

31  Blind to participate in the DROP beyond 60 months, or who are

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

 2  prekindergarten through grade 12 in the public school system

 3  who are funded through the FEFP grades K-12 and who have

 4  received authorization by the district school superintendent

 5  to participate in the DROP beyond 60 months, the 96-month

 6  limitation period as provided in subparagraph (b)1. When

 7  establishing eligibility of the member to participate in the

 8  DROP for the 60-month or, with respect to members who are

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

10  grades prekindergarten through 12 employed by a charter school

11  and have received authorization from the governing board of

12  the charter school to participate in the DROP beyond 60

13  months, who are instructional personnel employed by the

14  Florida School for the Deaf and the Blind and who have

15  received authorization by the Board of Trustees of the Florida

16  School for the Deaf and the Blind to participate in the DROP

17  beyond 60 months, or who are instructional personnel as

18  defined in s. 1012.01(2)(a)-(d) in prekindergarten through

19  grade 12 in the public school system who are funded through

20  the FEFP grades K-12 and who have received authorization by

21  the district school superintendent to participate in the DROP

22  beyond 60 months, the 96-month maximum participation period,

23  the member may elect to include or exclude any optional

24  service credit purchased by the member from the total service

25  used to establish the normal retirement date. A member with

26  dual normal retirement dates shall be eligible to elect to

27  participate in DROP within 12 months after attaining normal

28  retirement date in either class.

29         3.  The employer of a member electing to participate in

30  the DROP, or employers if dually employed, shall acknowledge

31  in writing to the division the date the member's participation

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 1  in the DROP begins and the date the member's employment and

 2  DROP participation will terminate.

 3         4.  Simultaneous employment of a participant by

 4  additional Florida Retirement System employers subsequent to

 5  the commencement of participation in the DROP shall be

 6  permissible provided such employers acknowledge in writing a

 7  DROP termination date no later than the participant's existing

 8  termination date or the 60-month limitation period as provided

 9  in subparagraph (b)1.

10         5.  A DROP participant may change employers while

11  participating in the DROP, subject to the following:

12         a.  A change of employment must take place without a

13  break in service so that the member receives salary for each

14  month of continuous DROP participation.  If a member receives

15  no salary during a month, DROP participation shall cease

16  unless the employer verifies a continuation of the employment

17  relationship for such participant pursuant to s.

18  121.021(39)(b).

19         b.  Such participant and new employer shall notify the

20  division on forms required by the division as to the identity

21  of the new employer.

22         c.  The new employer shall acknowledge, in writing, the

23  participant's DROP termination date, which may be extended but

24  not beyond the original 60-month or, with respect to members

25  who are instructional personnel as defined in s.

26  1012.01(2)(a)-(d) in grades prekindergarten through 12

27  employed by a charter school and have received authorization

28  from the governing board of the charter school to participate

29  in the DROP beyond 60 months, who are instructional personnel

30  employed by the Florida School for the Deaf and the Blind and

31  who have received authorization by the Board of Trustees of

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    Florida Senate - 2007                                  SB 2744
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 1  the Florida School for the Deaf and the Blind to participate

 2  in the DROP beyond 60 months, or who are instructional

 3  personnel as defined in s. 1012.01(2)(a)-(d) in

 4  prekindergarten through grade 12 in the public school system

 5  who are funded through the FEFP grades K-12 and who have

 6  received authorization by the district school superintendent

 7  to participate in the DROP beyond 60 months, the 96-month

 8  period provided in subparagraph (b)1., shall acknowledge

 9  liability for any additional retirement contributions and

10  interest required if the participant fails to timely terminate

11  employment, and shall be subject to the adjustment required in

12  sub-subparagraph (c)5.d.

13         6.  Effective July 1, 2001, for instructional personnel

14  as defined in s. 1012.01(2), election to participate in the

15  DROP shall be made at any time following the date on which the

16  member first reaches normal retirement date. The member shall

17  advise his or her employer and the division in writing of the

18  date on which the Deferred Retirement Option Program shall

19  begin. When establishing eligibility of the member to

20  participate in the DROP for the 60-month or, with respect to

21  members who are instructional personnel as defined in s.

22  1012.01(2)(a)-(d) in grades prekindergarten through 12

23  employed by a charter school and have received authorization

24  from the governing board of the charter school to participate

25  in the DROP beyond 60 months, who are instructional personnel

26  employed by the Florida School for the Deaf and the Blind and

27  who have received authorization by the Board of Trustees of

28  the Florida School for the Deaf and the Blind to participate

29  in the DROP beyond 60 months, or who are instructional

30  personnel as defined in s. 1012.01(2)(a)-(d) in

31  prekindergarten through grade 12 in the public school system

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 1  who are funded through the FEFP grades K-12 and who have

 2  received authorization by the district school superintendent

 3  to participate in the DROP beyond 60 months, the 96-month

 4  maximum participation period, as provided in subparagraph

 5  (b)1., the member may elect to include or exclude any optional

 6  service credit purchased by the member from the total service

 7  used to establish the normal retirement date. A member with

 8  dual normal retirement dates shall be eligible to elect to

 9  participate in either class.

10         (b)  Participation in the DROP.--

11         1.  An eligible member may elect to participate in the

12  DROP for a period not to exceed a maximum of 60 calendar

13  months or, with respect to members who are instructional

14  personnel as defined in s. 1012.01(2)(a)-(d) in grades

15  prekindergarten through 12 employed by a charter school and

16  have received authorization from the governing board of the

17  charter school to participate in the DROP beyond 60 months,

18  who are instructional personnel employed by the Florida School

19  for the Deaf and the Blind and who have received authorization

20  by the Board of Trustees of the Florida School for the Deaf

21  and the Blind to participate in the DROP beyond 60 months, or

22  who are instructional personnel as defined in s.

23  1012.01(2)(a)-(d) in prekindergarten through grade 12 in the

24  public school system who are funded through the FEFP grades

25  K-12 and who have received authorization by the district

26  school superintendent to participate in the DROP beyond 60

27  calendar months, 96 calendar months immediately following the

28  date on which the member first reaches his or her normal

29  retirement date or the date to which he or she is eligible to

30  defer his or her election to participate as provided in

31  subparagraph (a)2. However, a member who has reached normal

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 1  retirement date prior to the effective date of the DROP shall

 2  be eligible to participate in the DROP for a period of time

 3  not to exceed 60 calendar months or, with respect to members

 4  who are instructional personnel as defined in s.

 5  1012.01(2)(a)-(d) in grades prekindergarten through 12

 6  employed by a charter school and have received authorization

 7  from the governing board of the charter school to participate

 8  in the DROP beyond 60 months, who are instructional personnel

 9  employed by the Florida School for the Deaf and the Blind and

10  who have received authorization by the Board of Trustees of

11  the Florida School for the Deaf and the Blind to participate

12  in the DROP beyond 60 months, or who are instructional

13  personnel as defined in s. 1012.01(2)(a)-(d) in

14  prekindergarten through grade 12 in the public school system

15  who are funded through the FEFP grades K-12 and who have

16  received authorization by the district school superintendent

17  to participate in the DROP beyond 60 calendar months, 96

18  calendar months immediately following the effective date of

19  the DROP, except a member of the Special Risk Class who has

20  reached normal retirement date prior to the effective date of

21  the DROP and whose total accrued value exceeds 75 percent of

22  average final compensation as of his or her effective date of

23  retirement shall be eligible to participate in the DROP for no

24  more than 36 calendar months immediately following the

25  effective date of the DROP.

26         2.  Upon deciding to participate in the DROP, the

27  member shall submit, on forms required by the division:

28         a.  A written election to participate in the DROP;

29         b.  Selection of the DROP participation and termination

30  dates, which satisfy the limitations stated in paragraph (a)

31  and subparagraph 1. Such termination date shall be in a

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 1  binding letter of resignation with the employer, establishing

 2  a deferred termination date. The member may change the

 3  termination date within the limitations of subparagraph 1.,

 4  but only with the written approval of his or her employer;

 5         c.  A properly completed DROP application for service

 6  retirement as provided in this section; and

 7         d.  Any other information required by the division.

 8         3.  The DROP participant shall be a retiree under the

 9  Florida Retirement System for all purposes, except for

10  paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363,

11  121.053, and 121.122. However, participation in the DROP does

12  not alter the participant's employment status and such

13  employee shall not be deemed retired from employment until his

14  or her deferred resignation is effective and termination

15  occurs as provided in s. 121.021(39).

16         4.  Elected officers shall be eligible to participate

17  in the DROP subject to the following:

18         a.  An elected officer who reaches normal retirement

19  date during a term of office may defer the election to

20  participate in the DROP until the next succeeding term in that

21  office. Such elected officer who exercises this option may

22  participate in the DROP for up to 60 calendar months or a

23  period of no longer than such succeeding term of office,

24  whichever is less.

25         b.  An elected or a nonelected participant may run for

26  a term of office while participating in DROP and, if elected,

27  extend the DROP termination date accordingly, except, however,

28  if such additional term of office exceeds the 60-month

29  limitation established in subparagraph 1., and the officer

30  does not resign from office within such 60-month limitation,

31  

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 1  the retirement and the participant's DROP shall be null and

 2  void as provided in sub-subparagraph (c)5.d.

 3         c.  An elected officer who is dually employed and

 4  elects to participate in DROP shall be required to satisfy the

 5  definition of termination within the 60-month or, with respect

 6  to members who are instructional personnel as defined in s.

 7  1012.01(2)(a)-(d) in grades prekindergarten through 12

 8  employed by a charter school and have received authorization

 9  from the governing board of the charter school to participate

10  in the DROP beyond 60 months, who are instructional personnel

11  employed by the Florida School for the Deaf and the Blind and

12  who have received authorization by the Board of Trustees of

13  the Florida School for the Deaf and the Blind to participate

14  in the DROP beyond 60 months, or who are instructional

15  personnel as defined in s. 1012.01(2)(a)-(d) in

16  prekindergarten through grade 12 in the public school system

17  who are funded through the FEFP grades K-12 and who have

18  received authorization by the district school superintendent

19  to participate in the DROP beyond 60 months, the 96-month

20  limitation period as provided in subparagraph 1. for the

21  nonelected position and may continue employment as an elected

22  officer as provided in s. 121.053. The elected officer will be

23  enrolled as a renewed member in the Elected Officers' Class or

24  the Regular Class, as provided in ss. 121.053 and 121.122, on

25  the first day of the month after termination of employment in

26  the nonelected position and termination of DROP. Distribution

27  of the DROP benefits shall be made as provided in paragraph

28  (c).

29         Section 2.  Subsection (2) of section 1012.01, Florida

30  Statutes, is amended to read:

31  

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 1         1012.01  Definitions.--Specific definitions shall be as

 2  follows, and wherever such defined words or terms are used in

 3  the Florida K-20 Education Code, they shall be used as

 4  follows:

 5         (2)  INSTRUCTIONAL PERSONNEL.--"Instructional

 6  personnel" means any prekindergarten through grade 12 K-12

 7  staff member whose function includes the provision of direct

 8  instructional services to students. Instructional personnel

 9  also includes prekindergarten through grade 12 K-12 personnel

10  whose functions provide direct support in the learning process

11  of students. Included in the classification of instructional

12  personnel are the following prekindergarten through grade 12

13  K-12 personnel:

14         (a)  Classroom teachers.--Classroom teachers are staff

15  members assigned the professional activity of instructing

16  students in courses in classroom situations, including basic

17  instruction, exceptional student education, career education,

18  and adult education, including substitute teachers.

19         (b)  Student personnel services.--Student personnel

20  services include staff members responsible for: advising

21  students with regard to their abilities and aptitudes,

22  educational and occupational opportunities, and personal and

23  social adjustments; providing placement services; performing

24  educational evaluations; and similar functions. Included in

25  this classification are guidance counselors, social workers,

26  career specialists, and school psychologists.

27         (c)  Librarians/media specialists.--Librarians/media

28  specialists are staff members responsible for providing school

29  library media services. These employees are responsible for

30  evaluating, selecting, organizing, and managing media and

31  technology resources, equipment, and related systems;

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 1  facilitating access to information resources beyond the

 2  school; working with teachers to make resources available in

 3  the instructional programs; assisting teachers and students in

 4  media productions; and instructing students in the location

 5  and use of information resources.

 6         (d)  Other instructional staff.--Other instructional

 7  staff are staff members who are part of the instructional

 8  staff but are not classified in one of the categories

 9  specified in paragraphs (a)-(c). Included in this

10  classification are primary specialists, learning resource

11  specialists, instructional trainers, adjunct educators

12  certified pursuant to s. 1012.57, and similar positions.

13         (e)  Education paraprofessionals.--Education

14  paraprofessionals are individuals who are under the direct

15  supervision of an instructional staff member, aiding the

16  instructional process. Included in this classification are

17  classroom paraprofessionals in regular instruction,

18  exceptional education paraprofessionals, career education

19  paraprofessionals, adult education paraprofessionals, library

20  paraprofessionals, physical education and playground

21  paraprofessionals, and other school-level paraprofessionals.

22         Section 3.  This act shall take effect July 1, 2007.

23  

24            *****************************************

25                          SENATE SUMMARY

26    Authorizes persons who are instructional personnel, as
      defined, employed in charter schools in grades
27    prekindergarten through 12 and who are authorized to do
      so by the governing boards of the respective schools to
28    participate in the Deferred Retirement Option Program for
      an additional 36 months and revises the criteria for such
29    eligibility on the part of persons employed as
      instructional personnel in the district schools.
30  

31  

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