Senate Bill sb2744c1

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    Florida Senate - 2007                           CS for SB 2744

    By the Committee on Education Pre-K - 12; and Senator
    Alexander




    581-2369-07

  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; providing an effective date.

13  

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

15  

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

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

18         121.091  Benefits payable under the system.--Benefits

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

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

21  begun participation in the Deferred Retirement Option Program

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

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

24  department may cancel an application for retirement benefits

25  when the member or beneficiary fails to timely provide the

26  information and documents required by this chapter and the

27  department's rules. The department shall adopt rules

28  establishing procedures for application for retirement

29  benefits and for the cancellation of such application when the

30  required information or documents are not received.

31  

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    Florida Senate - 2007                           CS for SB 2744
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 1         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,

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

 3  Retirement Option Program, hereinafter referred to as the

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

 5  Florida  Retirement System may elect to participate, deferring

 6  receipt of retirement benefits while continuing employment

 7  with his or her Florida Retirement System employer. The

 8  deferred monthly benefits shall accrue in the System Trust

 9  Fund on behalf of the participant, plus interest compounded

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

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

12  the participant shall receive the total DROP benefits and

13  begin to receive the previously determined normal retirement

14  benefits. Participation in the DROP does not guarantee

15  employment for the specified period of DROP. Participation in

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

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

18  contractual basis for all participants.

19         (a)  Eligibility of member to participate in the

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

21  regularly established position, and all active members of

22  either the Teachers' Retirement System established in chapter

23  238 or the State and County Officers' and Employees'

24  Retirement System established in chapter 122 which systems are

25  consolidated within the Florida Retirement System under s.

26  121.011, are eligible to elect participation in the DROP

27  provided that:

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

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

30  Community College System Optional Retirement Program under s.

31  121.051, the Senior Management Service Optional Annuity

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    Florida Senate - 2007                           CS for SB 2744
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 1  Program under s. 121.055, or the optional retirement program

 2  for the State University System under s. 121.35.

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

 4  participate is made within 12 months immediately following the

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

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

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

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

 9  the 12 months immediately following the date the member

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

11  member who first reached normal retirement date or the

12  deferred eligibility date described above prior to the

13  effective date of this section, election to participate shall

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

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

16  12-month limitation period shall forfeit all rights to

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

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

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

20  12-month election period, but must be within the 60-month or,

21  with respect to members who are charter school instructional

22  personnel with students who are funded through the Florida

23  Education Finance Program and who have received authorization

24  from the board of the charter school to participate in DROP

25  beyond 60 months, who are instructional personnel employed by

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

27  received authorization by the Board of Trustees of the Florida

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

29  beyond 60 months, or who are instructional personnel as

30  defined in s. 1012.01(2)(a)-(d) in grades K-12 or

31  prekindergarten classroom teachers with students who are

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    Florida Senate - 2007                           CS for SB 2744
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 1  funded through the Florida Education Finance Program and who

 2  have received authorization by the district school

 3  superintendent to participate in the DROP beyond 60 months,

 4  the 96-month limitation period as provided in subparagraph

 5  (b)1. When establishing eligibility of the member to

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

 7  members who are charter school instructional personnel with

 8  students who are funded through the Florida Education Finance

 9  Program and who have received authorization from the board of

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

11  who are instructional personnel employed by the Florida School

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

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

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

15  who are instructional personnel as defined in s.

16  1012.01(2)(a)-(d) in grades K-12 or prekindergarten classroom

17  teachers with students who are funded through the Florida

18  Education Finance Program and who have received authorization

19  by the district school superintendent to participate in the

20  DROP beyond 60 months, the 96-month maximum participation

21  period, the member may elect to include or exclude any

22  optional service credit purchased by the member from the total

23  service used to establish the normal retirement date. A member

24  with dual normal retirement dates shall be eligible to elect

25  to participate in DROP within 12 months after attaining normal

26  retirement date in either class.

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

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

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

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

31  DROP participation will terminate.

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    Florida Senate - 2007                           CS for SB 2744
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 1         4.  Simultaneous employment of a participant by

 2  additional Florida Retirement System employers subsequent to

 3  the commencement of participation in the DROP shall be

 4  permissible provided such employers acknowledge in writing a

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

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

 7  in subparagraph (b)1.

 8         5.  A DROP participant may change employers while

 9  participating in the DROP, subject to the following:

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

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

12  month of continuous DROP participation.  If a member receives

13  no salary during a month, DROP participation shall cease

14  unless the employer verifies a continuation of the employment

15  relationship for such participant pursuant to s.

16  121.021(39)(b).

17         b.  Such participant and new employer shall notify the

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

19  of the new employer.

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

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

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

23  who are charter school instructional personnel with students

24  who are funded through the Florida Education Finance Program

25  and who have received authorization from the board of the

26  charter school to participate in DROP beyond 60 months, who

27  are instructional personnel employed by the Florida School for

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

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

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

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

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    Florida Senate - 2007                           CS for SB 2744
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 1  in grades K-12 or prekindergarten classroom teachers with

 2  students who are funded through the Florida Education Finance

 3  Program and who have received authorization by the district

 4  school superintendent to participate in the DROP beyond 60

 5  months, the 96-month period provided in subparagraph (b)1.,

 6  shall acknowledge liability for any additional retirement

 7  contributions and interest required if the participant fails

 8  to timely terminate employment, and shall be subject to the

 9  adjustment required in sub-subparagraph (c)5.d.

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

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

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

13  member first reaches normal retirement date. The member shall

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

15  date on which the Deferred Retirement Option Program shall

16  begin. When establishing eligibility of the member to

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

18  members who are charter school instructional personnel with

19  students who are funded through the Florida Education Finance

20  Program and who have received authorization from the board of

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

22  who are instructional personnel employed by the Florida School

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

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

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

26  who are instructional personnel as defined in s.

27  1012.01(2)(a)-(d) in grades K-12 or prekindergarten classroom

28  teachers with students who are funded through the Florida

29  Education Finance Program and who have received authorization

30  by the district school superintendent to participate in the

31  DROP beyond 60 months, the 96-month maximum participation

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    Florida Senate - 2007                           CS for SB 2744
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 1  period, as provided in subparagraph (b)1., the member may

 2  elect to include or exclude any optional service credit

 3  purchased by the member from the total service used to

 4  establish the normal retirement date. A member with dual

 5  normal retirement dates shall be eligible to elect to

 6  participate in either class.

 7         (b)  Participation in the DROP.--

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

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

10  months or, with respect to members who are charter school

11  instructional personnel with students who are funded through

12  the Florida Education Finance Program and who have received

13  authorization from the board of the charter school to

14  participate in DROP beyond 60 months, who are instructional

15  personnel employed by the Florida School for the Deaf and the

16  Blind and who have received authorization by the Board of

17  Trustees of the Florida School for the Deaf and the Blind to

18  participate in the DROP beyond 60 months, or who are

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

20  grades K-12 or prekindergarten classroom teachers with

21  students who are funded through the Florida Education Finance

22  Program and who have received authorization by the district

23  school superintendent to participate in the DROP beyond 60

24  calendar months, 96 calendar months immediately following the

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

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

27  defer his or her election to participate as provided in

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

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

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

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

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    Florida Senate - 2007                           CS for SB 2744
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 1  who are charter school instructional personnel with students

 2  who are funded through the Florida Education Finance Program

 3  and who have received authorization from the board of the

 4  charter school to participate in DROP beyond 60 months, who

 5  are instructional personnel employed by the Florida School for

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

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

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

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

10  in grades K-12 or prekindergarten classroom teachers with

11  students who are funded through the Florida Education Finance

12  Program and who have received authorization by the district

13  school superintendent to participate in the DROP beyond 60

14  calendar months, 96 calendar months immediately following the

15  effective date of the DROP, except a member of the Special

16  Risk Class who has reached normal retirement date prior to the

17  effective date of the DROP and whose total accrued value

18  exceeds 75 percent of average final compensation as of his or

19  her effective date of retirement shall be eligible to

20  participate in the DROP for no more than 36 calendar months

21  immediately following the effective date of the DROP.

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

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

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

25         b.  Selection of the DROP participation and termination

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

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

28  binding letter of resignation with the employer, establishing

29  a deferred termination date. The member may change the

30  termination date within the limitations of subparagraph 1.,

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

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    Florida Senate - 2007                           CS for SB 2744
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 1         c.  A properly completed DROP application for service

 2  retirement as provided in this section; and

 3         d.  Any other information required by the division.

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

 5  Florida Retirement System for all purposes, except for

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

 7  121.053, and 121.122. However, participation in the DROP does

 8  not alter the participant's employment status and such

 9  employee shall not be deemed retired from employment until his

10  or her deferred resignation is effective and termination

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

12         4.  Elected officers shall be eligible to participate

13  in the DROP subject to the following:

14         a.  An elected officer who reaches normal retirement

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

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

17  office. Such elected officer who exercises this option may

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

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

20  whichever is less.

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

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

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

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

25  limitation established in subparagraph 1., and the officer

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

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

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

29         c.  An elected officer who is dually employed and

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

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

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    Florida Senate - 2007                           CS for SB 2744
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 1  to members who are charter school instructional personnel with

 2  students who are funded through the Florida Education Finance

 3  Program and who have received authorization from the board of

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

 5  who are instructional personnel employed by the Florida School

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

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

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

 9  who are instructional personnel as defined in s.

10  1012.01(2)(a)-(d) in grades K-12 or prekindergarten classroom

11  teachers with students who are funded through the Florida

12  Education Finance Program and who have received authorization

13  by the district school superintendent to participate in the

14  DROP beyond 60 months, the 96-month limitation period as

15  provided in subparagraph 1. for the nonelected position and

16  may continue employment as an elected officer as provided in

17  s. 121.053. The elected officer will be enrolled as a renewed

18  member in the Elected Officers' Class or the Regular Class, as

19  provided in ss. 121.053 and 121.122, on the first day of the

20  month after termination of employment in the nonelected

21  position and termination of DROP. Distribution of the DROP

22  benefits shall be made as provided in paragraph (c).

23         Section 2.  This act shall take effect upon becoming a

24  law.

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    Florida Senate - 2007                           CS for SB 2744
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2744

 3                                 

 4  
    This committee substitute removes the amendment to s.
 5  1012.01,(2) F.S., which expanded the definition of
    "instructional personnel" to include prekindergarten teachers.
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    In addition, the committee substitute expands the Deferred
 7  Retirement Option Program extension to charter school
    education paraprofessionals as defined in s. 1012.01(2)(e),
 8  F.S.

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