Senate Bill sb0414

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    Florida Senate - 2007                                   SB 414

    By Senator Wise





    5-434-07

  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

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

  4         the period of time in which members of the

  5         system who are employed as certain

  6         administrative personnel in grades K-12 may

  7         participate in the Deferred Retirement Option

  8         Program; providing a declaration of important

  9         state interest; providing an effective date.

10  

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

12  

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

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

15         121.091  Benefits payable under the system.--Benefits

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

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

18  begun participation in the Deferred Retirement Option Program

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

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

21  department may cancel an application for retirement benefits

22  when the member or beneficiary fails to timely provide the

23  information and documents required by this chapter and the

24  department's rules. The department shall adopt rules

25  establishing procedures for application for retirement

26  benefits and for the cancellation of such application when the

27  required information or documents are not received.

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

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

30  Retirement Option Program, hereinafter referred to as the

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

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 1  Florida Retirement System may elect to participate, deferring

 2  receipt of retirement benefits while continuing employment

 3  with his or her Florida Retirement System employer. The

 4  deferred monthly benefits shall accrue in the System Trust

 5  Fund on behalf of the participant, plus interest compounded

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

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

 8  the participant shall receive the total DROP benefits and

 9  begin to receive the previously determined normal retirement

10  benefits. Participation in the DROP does not guarantee

11  employment for the specified period of DROP. Participation in

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

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

14  contractual basis for all participants.

15         (a)  Eligibility of member to participate in the

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

17  regularly established position, and all active members of

18  either the Teachers' Retirement System established in chapter

19  238 or the State and County Officers' and Employees'

20  Retirement System established in chapter 122 which systems are

21  consolidated within the Florida Retirement System under s.

22  121.011, are eligible to elect participation in the DROP

23  provided that:

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

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

26  Community College System Optional Retirement Program under s.

27  121.051, the Senior Management Service Optional Annuity

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

29  for the State University System under s. 121.35.

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

31  participate is made within 12 months immediately following the

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    Florida Senate - 2007                                   SB 414
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 1  date on which the member first reaches normal retirement date,

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

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

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

 5  the 12 months immediately following the date the member

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

 7  member who first reached normal retirement date or the

 8  deferred eligibility date described above prior to the

 9  effective date of this section, election to participate shall

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

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

12  12-month limitation period shall forfeit all rights to

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

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

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

16  12-month election period, but must be within the 60-month or,

17  with respect to members who are instructional personnel

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

19  who have received authorization by the Board of Trustees of

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

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

22  personnel as defined in s. 1012.01(2)(a)-(d), administrative

23  personnel as defined in s. 1012.01(3)(c), or administrative

24  personnel as defined in s. 1012.01(3)(a) and (b) in

25  school-board-designated areas of critical administrative

26  shortage in grades K-12 and who have received authorization by

27  the district school superintendent to participate in the DROP

28  beyond 60 months, the 96-month limitation period as provided

29  in subparagraph (b)1. When establishing eligibility of the

30  member to participate in the DROP for the 60-month or, with

31  respect to members who are instructional personnel employed by

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

 2  received authorization by the Board of Trustees of the Florida

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

 4  beyond 60 months, or who are instructional personnel as

 5  defined in s. 1012.01(2)(a)-(d), administrative personnel as

 6  defined in s. 1012.01(3)(c), or administrative personnel as

 7  defined in s. 1012.01(3)(a) and (b) in school-board-designated

 8  areas of critical administrative shortage in grades K-12 and

 9  who have received authorization by the district school

10  superintendent to participate in the DROP beyond 60 months,

11  the 96-month maximum participation period, the member may

12  elect to include or exclude any optional service credit

13  purchased by the member from the total service used to

14  establish the normal retirement date. A member with dual

15  normal retirement dates shall be eligible to elect to

16  participate in DROP within 12 months after attaining normal

17  retirement date in either class.

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

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

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

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

22  DROP participation will terminate.

23         4.  Simultaneous employment of a participant by

24  additional Florida Retirement System employers subsequent to

25  the commencement of participation in the DROP shall be

26  permissible provided such employers acknowledge in writing a

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

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

29  in subparagraph (b)1.

30         5.  A DROP participant may change employers while

31  participating in the DROP, subject to the following:

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

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

 3  month of continuous DROP participation. If a member receives

 4  no salary during a month, DROP participation shall cease

 5  unless the employer verifies a continuation of the employment

 6  relationship for such participant pursuant to s.

 7  121.021(39)(b).

 8         b.  Such participant and new employer shall notify the

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

10  of the new employer.

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

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

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

14  who are instructional personnel employed by the Florida School

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

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

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

18  who are instructional personnel as defined in s.

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

20  1012.01(3)(c), or administrative personnel as defined in s.

21  1012.01(3)(a) and (b) in school-board-designated areas of

22  critical administrative shortage in grades K-12 and who have

23  received authorization by the district school superintendent

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

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

26  liability for any additional retirement contributions and

27  interest required if the participant fails to timely terminate

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

29  sub-subparagraph (c)5.d.

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

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

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

 2  member first reaches normal retirement date. The member shall

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

 4  date on which the Deferred Retirement Option Program shall

 5  begin. When establishing eligibility of the member to

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

 7  members who are instructional personnel employed by the

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

 9  received authorization by the Board of Trustees of the Florida

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

11  beyond 60 months, or who are instructional personnel as

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

13  defined in s. 1012.01(3)(c), or administrative personnel as

14  defined in s. 1012.01(3)(a) and (b) in school-board-designated

15  areas of critical administrative shortage in grades K-12 and

16  who have received authorization by the district school

17  superintendent to participate in the DROP beyond 60 months,

18  the 96-month maximum participation period, as provided in

19  subparagraph (b)1., the member may elect to include or exclude

20  any optional service credit purchased by the member from the

21  total service used to establish the normal retirement date. A

22  member with dual normal retirement dates shall be eligible to

23  elect to participate in either class.

24         (b)  Participation in the DROP.--

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

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

27  months or, with respect to members who are instructional

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

29  Blind and who have received authorization by the Board of

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

31  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),

 2  administrative personnel as defined in s. 1012.01(3)(c), or

 3  administrative personnel as defined in s. 1012.01(3)(a) and

 4  (b) in school-board-designated areas of critical

 5  administrative shortage in grades K-12 and who have received

 6  authorization by the district school superintendent to

 7  participate in the DROP beyond 60 calendar months, 96 calendar

 8  months immediately following the date on which the member

 9  first reaches his or her normal retirement date or the date to

10  which he or she is eligible to defer his or her election to

11  participate as provided in subparagraph (a)2. However, a

12  member who has reached normal retirement date prior to the

13  effective date of the DROP shall be eligible to participate in

14  the DROP for a period of time not to exceed 60 calendar months

15  or, with respect to members who are instructional personnel

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

17  who have received authorization by the Board of Trustees of

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

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

20  personnel as defined in s. 1012.01(2)(a)-(d), administrative

21  personnel as defined in s. 1012.01(3)(c), or administrative

22  personnel as defined in s. 1012.01(3)(a) and (b) in

23  school-board-designated areas of critical administrative

24  shortage in grades K-12 and who have received authorization by

25  the district school superintendent to participate in the DROP

26  beyond 60 calendar months, 96 calendar months immediately

27  following the effective date of the DROP, except a member of

28  the Special Risk Class who has reached normal retirement date

29  prior to the effective date of the DROP and whose total

30  accrued value exceeds 75 percent of average final compensation

31  as of his or her effective date of retirement shall be

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 1  eligible to participate in the DROP for no more than 36

 2  calendar months immediately following the effective date of

 3  the DROP.

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

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

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

 7         b.  Selection of the DROP participation and termination

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

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

10  binding letter of resignation with the employer, establishing

11  a deferred termination date. The member may change the

12  termination date within the limitations of subparagraph 1.,

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

14         c.  A properly completed DROP application for service

15  retirement as provided in this section; and

16         d.  Any other information required by the division.

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

18  Florida Retirement System for all purposes, except for

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

20  121.053, and 121.122. However, participation in the DROP does

21  not alter the participant's employment status and such

22  employee shall not be deemed retired from employment until his

23  or her deferred resignation is effective and termination

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

25         4.  Elected officers shall be eligible to participate

26  in the DROP subject to the following:

27         a.  An elected officer who reaches normal retirement

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

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

30  office. Such elected officer who exercises this option may

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

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

 2  whichever is less.

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

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

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

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

 7  limitation established in subparagraph 1., and the officer

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

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

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

11         c.  An elected officer who is dually employed and

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

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

14  to members who are instructional personnel employed by the

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

16  received authorization by the Board of Trustees of the Florida

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

18  beyond 60 months, or who are instructional personnel as

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

20  defined in s. 1012.01(3)(c), or administrative personnel as

21  defined in s. 1012.01(3)(a) and (b) in school-board-designated

22  areas of critical administrative shortage in grades K-12 and

23  who have received authorization by the district school

24  superintendent to participate in the DROP beyond 60 months,

25  the 96-month limitation period as provided in subparagraph 1.

26  for the nonelected position and may continue employment as an

27  elected officer as provided in s. 121.053. The elected officer

28  will be enrolled as a renewed member in the Elected Officers'

29  Class or the Regular Class, as provided in ss. 121.053 and

30  121.122, on the first day of the month after termination of

31  employment in the nonelected position and termination of DROP.

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 1  Distribution of the DROP benefits shall be made as provided in

 2  paragraph (c).

 3         Section 2.  The Legislature finds that a proper and

 4  legitimate state purpose is served when employees and retirees

 5  of the state and of its political subdivisions, and the

 6  dependents, survivors, and beneficiaries of such employees and

 7  retirees, are extended the basic protections afforded by

 8  governmental retirement systems that provide fair and adequate

 9  benefits and that are managed, administered, and funded in an

10  actuarially sound manner as required by s. 14, Art. X of the

11  State Constitution and part VII of chapter 112, Florida

12  Statutes. Therefore, the Legislature determines and declares

13  that the provisions of this act fulfill an important state

14  interest.

15         Section 3.  This act shall take effect upon becoming a

16  law.

17  

18            *****************************************

19                          SENATE SUMMARY

20    Increases the period of time in which members of the
      Florida Retirement System who are employed as certain
21    administrative personnel in grades K-12 may participate
      in the Deferred Retirement Option Program. Provides a
22    declaration of important state interest.

23  

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