Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS for SB 2170

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CHAMBER ACTION

Senate

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House



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Senator Fasano moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 101-141

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and insert:

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     Section 3.  Effective January 1, 2009, subsections (1) and

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(2) of section 121.053, Florida Statutes, are amended to read:

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     121.053  Participation in the Elected Officers' Class for

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retired members.--

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     (1)(a)1. Any retiree of a state-administered retirement

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system who initially serves in an elective office in a regularly

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established position with a covered employer on or after January

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1, 2009, shall not be enrolled in the Florida Retirement System.

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     2. An elected officer who is elected or appointed to an

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elective office and is participating in the Deferred Retirement

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Option Program is subject to termination as provided in s.

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121.021(39)(b), and reemployment limitations as provided in s.

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121.091(9), upon completion of his or her DROP participation

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period.

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     (b) Before January 1, 2009, any member who retired under

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any existing system as defined in s. 121.021(2), and receives a

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benefit thereof, and who serves in an office covered by the

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Elected Officers' Class for a period of at least 6 years, shall

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be entitled to receive an additional retirement benefit for such

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elected officer service prior to July 1, 1990, under the Elected

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Officers' Class of the Florida Retirement System, as follows:

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     1.  Upon completion of 6 or more years of creditable service

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in an office covered by the Elected Officers' Class, s. 121.052,

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such member shall notify the administrator of his or her intent

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to purchase elected officer service prior to July 1, 1990, and

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shall pay the member contribution applicable for the period being

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claimed, plus 4 percent interest compounded annually from the

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first year of service claimed until July 1, 1975, and 6.5 percent

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interest compounded annually thereafter, until full payment is

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made to the Florida Retirement System Trust Fund; however, such

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member may purchase retirement credit under the Elected Officers'

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Class only for such service as an elected officer.

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     2.  Upon payment of the amount specified in subparagraph 1.,

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the employer shall pay into the Florida Retirement System Trust

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Fund the applicable employer contribution for the period of

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elected officer service prior to July 1, 1990, being claimed by

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the member, plus 4 percent interest compounded annually from the

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first year of service claimed until July 1, 1975, and 6.5 percent

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interest compounded annually thereafter, until full payment is

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made to the Florida Retirement System Trust Fund.

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     (c)(b) Any retired member of the Florida Retirement System,

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or any existing system as defined in s. 121.021(2), who, on or

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after July 1, 1990, through December 31, 2008, is serving in, or

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is elected or appointed to, an elective office covered by the

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Elected Officers' Class shall be enrolled in the appropriate

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subclass of the Elected Officers' Class of the Florida Retirement

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System, and applicable contributions shall be paid into the

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Florida Retirement System Trust Fund as provided in s.

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121.052(7). Pursuant thereto:

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     1.  Any such retired member shall be eligible to continue to

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receive retirement benefits as well as compensation for the

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elected officer service for as long as he or she remains in an

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elective office covered by the Elected Officers' Class.

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     2.  If any such member serves in an elective office covered

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by the Elected Officers' Class and becomes vested under that

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class, he or she shall be entitled to receive an additional

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retirement benefit for such elected officer service.

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     3.  Such member shall be entitled to purchase additional

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retirement credit in the Elected Officers' Class for any

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postretirement service performed in an elected position eligible

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for the Elected Officers' Class prior to July 1, 1990, or in the

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Regular Class for any postretirement service performed in any

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other regularly established position prior to July 1, 1991, by

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paying the applicable Elected Officers' Class or Regular Class

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employee and employer contributions for the period being claimed,

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plus 4 percent interest compounded annually from the first year

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of service claimed until July 1, 1975, and 6.5 percent interest

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compounded thereafter, until full payment is made to the Florida

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Retirement System Trust Fund. The contribution for postretirement

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Regular Class service between July 1, 1985, and July 1, 1991, for

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which the reemployed retiree contribution was paid, shall be the

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difference between such contribution and the total applicable

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contribution for the period being claimed, plus interest. The

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employer of such member may pay the applicable employer

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contribution in lieu of the member. If a member does not wish to

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claim credit for all of the postretirement service for which he

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or she is eligible, the service the member claims must be the

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most recent service.

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     4.  Creditable service for which credit was received, or

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which remained unclaimed, at retirement may not be claimed or

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applied toward service credit earned following renewed

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membership. However, service earned in accordance with the

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renewed membership provisions in s. 121.122 may be used in

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conjunction with creditable service earned under this paragraph,

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provided applicable vesting requirements and other existing

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statutory conditions required by this chapter are met.

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     5.  An elected officer who is elected or appointed to an

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elective office and is participating in the Deferred Retirement

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Option Program before January 1, 2009, is not subject to

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termination as provided in s. 121.021(39)(b), or reemployment

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limitations as provided in s. 121.091(9), until the end of his or

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her current term of office or, if the officer is consecutively

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elected or reelected to an elective office eligible for coverage

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under the Florida Retirement System, until he or she no longer

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holds such an elective office, as follows:

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     a.  At the end of the 60-month DROP period:

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     (I)  The officer's DROP account shall accrue no additional

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monthly benefits, but shall continue to earn interest as provided

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in s. 121.091(13).

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     (II)  No retirement contributions shall be required of the

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employer of the elected officer and no additional retirement

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credit shall be earned under the Florida Retirement System.

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     b.  Nothing herein shall prevent an elected officer from

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voluntarily terminating his or her elective office at any time

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and electing to receive his or her DROP proceeds. However, until

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termination requirements are fulfilled as provided in s.

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121.021(39), any elected officer whose termination limitations

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are extended by this section shall be ineligible for renewed

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membership in the system and shall receive no pension payments,

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DROP lump sum payments, or any other state payment other than the

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statutorily determined salary, travel, and per diem for the

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elective office.

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     c.  Upon termination, the officer shall receive his or her

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accumulated DROP account, plus interest, and shall accrue and

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commence receiving monthly retirement benefits, which shall be

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paid on a prospective basis only.

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However, an officer electing to participate in the Deferred

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Retirement Option Program on or before June 30, 2002, shall not

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be required to terminate and shall remain subject to the

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provisions of this subparagraph as adopted in section 1 of

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chapter 2001-235, Laws of Florida.

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     (2)  Upon attaining his or her normal retirement date and

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payment of the amount specified in paragraphs (1)(b) and (c)

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(1)(a) and (b), and upon application to the administrator of the

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intent to retire, the member shall receive a monthly benefit

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under this section, in addition to any benefits already being

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received, which shall commence on the last day of the month of

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retirement and be payable on the last day of the month thereafter

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during his or her lifetime. The amount of such monthly benefit

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shall be the total percentage of retirement credit purchased

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under this section multiplied by the member's average monthly

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compensation as an elected officer, adjusted according to the

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option selected at retirement under s. 121.091(6).

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     Section 4.  Effective January 1, 2009, paragraph (f) of

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subsection (1) and paragraph (c) of subsection (6) of section

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121.055, Florida Statutes, are amended to read:

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     121.055  Senior Management Service Class.--There is hereby

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established a separate class of membership within the Florida

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Retirement System to be known as the "Senior Management Service

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Class," which shall become effective February 1, 1987.

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     (1)

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     (f)  Effective July 1, 1997:

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     1. Except as provided in subparagraph 3., any elected state

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officer eligible for membership in the Elected Officers' Class

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under s. 121.052(2)(a), (b), or (c) who elects membership in the

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Senior Management Service Class under s. 121.052(3)(c) may,

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within 6 months after assuming office or within 6 months after

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this act becomes a law for serving elected state officers, elect

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to participate in the Senior Management Service Optional Annuity

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Program, as provided in subsection (6), in lieu of membership in

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the Senior Management Service Class.

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     2. Except as provided in subparagraph 3., any elected

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county officer eligible for membership in the Elected Officers'

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Class under s. 121.052(2)(d) who elects membership in the Senior

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Management Service Class under s. 121.052(3)(c) may, within 6

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months after assuming office, or within 6 months after this act

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becomes a law for serving elected county officers, elect to

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withdraw from the Florida Retirement System participate in a

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lifetime monthly annuity program, as provided in subparagraph

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(b)2., in lieu of membership in the Senior Management Service

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Class.

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     3. Any retiree of a state-administered retirement system

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who is initially reemployed on or after January 1, 2009, as an

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elected official eligible for Elected Officers' Class membership

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shall not be eligible for renewed membership in the Senior

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Management Service Optional Annuity Program as provided in

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subsection (6) or to withdraw from the Florida Retirement System

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as a renewed member as provided in subparagraph (b)2., as

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applicable, in lieu of Senior Management Service Class

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membership.

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     (6)

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     (c)  Participation.--

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     1.  Any eligible employee who is employed on or before

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February 1, 1987, may elect to participate in the optional

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annuity program in lieu of participation in the Senior Management

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Service Class. Such election shall be made in writing and filed

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with the department and the personnel officer of the employer on

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or before May 1, 1987. Any eligible employee who is employed on

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or before February 1, 1987, and who fails to make an election to

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participate in the optional annuity program by May 1, 1987, shall

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be deemed to have elected membership in the Senior Management

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Service Class.

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     2. Except as provided in subparagraph 6., any employee who

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becomes eligible to participate in the optional annuity program

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by reason of initial employment commencing after February 1,

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1987, may, within 90 days after the date of commencement of

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employment, elect to participate in the optional annuity program.

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Such election shall be made in writing and filed with the

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personnel officer of the employer. Any eligible employee who does

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not within 90 days after commencement of such employment elect to

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participate in the optional annuity program shall be deemed to

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have elected membership in the Senior Management Service Class.

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     3.  A person who is appointed to a position in the Senior

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Management Service Class and who is a member of an existing

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retirement system or the Special Risk or Special Risk

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Administrative Support Classes of the Florida Retirement System

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may elect to remain in such system or class in lieu of

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participation in the Senior Management Service Class or optional

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annuity program. Such election shall be made in writing and filed

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with the department and the personnel officer of the employer

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within 90 days of such appointment. Any eligible employee who

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fails to make an election to participate in the existing system,

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the Special Risk Class of the Florida Retirement System, the

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Special Risk Administrative Support Class of the Florida

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Retirement System, or the optional annuity program shall be

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deemed to have elected membership in the Senior Management

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Service Class.

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     4.  Except as provided in subparagraph 5., an employee's

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election to participate in the optional annuity program is

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irrevocable as long as such employee continues to be employed in

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an eligible position and continues to meet the eligibility

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requirements set forth in this paragraph.

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     5.  Effective from July 1, 2002, through September 30, 2002,

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any active employee in a regularly established position who has

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elected to participate in the Senior Management Service Optional

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Annuity Program has one opportunity to choose to move from the

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Senior Management Service Optional Annuity Program to the Florida

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Retirement System defined benefit program.

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     a.  The election must be made in writing and must be filed

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with the department and the personnel officer of the employer

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before October 1, 2002, or, in the case of an active employee who

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is on a leave of absence on July 1, 2002, within 90 days after

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the conclusion of the leave of absence. This election is

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irrevocable.

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     b.  The employee will receive service credit under the

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defined benefit program of the Florida Retirement System equal to

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his or her years of service under the Senior Management Service

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Optional Annuity Program. The cost for such credit shall be an

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amount representing the present value of that employee's

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accumulated benefit obligation for the affected period of

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service.

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     c.  The employee must transfer the total accumulated

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employer contributions and earnings on deposit in his or her

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Senior Management Service Optional Annuity Program account. If

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the transferred amount is not sufficient to pay the amount due,

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the employee must pay a sum representing the remainder of the

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amount due. In no case may the employee retain any employer

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contributions or earnings thereon from the Senior Management

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Service Optional Annuity Program account.

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     6. Any retiree of a state-administered retirement system

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who is initially reemployed on or after January 1, 2009, shall

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not be eligible for renewed membership in the Senior Management

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Service Optional Annuity Program.

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     Section 5.  Effective January 1, 2009, subsections (9),

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(13), and (14) of section 121.091, Florida Statutes, are amended

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to read:

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     121.091  Benefits payable under the system.--Benefits may

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not be paid under this section unless the member has terminated

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

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participation in the Deferred Retirement Option Program as

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

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filed in the manner prescribed by the department. The department

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may cancel an application for retirement benefits when the member

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or beneficiary fails to timely provide the information and

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documents required by this chapter and the department's rules.

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The department shall adopt rules establishing procedures for

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application for retirement benefits and for the cancellation of

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such application when the required information or documents are

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not received.

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     (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--

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     (a)  Any person who is retired under this chapter, except

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under the disability retirement provisions of subsection (4), may

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be employed by an employer that does not participate in a state-

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administered retirement system and may receive compensation from

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that employment without limiting or restricting in any way the

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retirement benefits payable to that person.

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     (b)1.a. Any person who is retired under this chapter,

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except under the disability retirement provisions of subsection

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(4), may be reemployed by any private or public employer after

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retirement and receive retirement benefits and compensation from

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the his or her employer without limitation any limitations,

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except that the a person may not receive both a salary from

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reemployment with any agency participating in the Florida

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Retirement System and retirement benefits under this chapter for

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a period of 12 calendar months immediately after subsequent to

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the calendar month that termination is met as defined in s.

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121.021(39), except as provided in sub-subparagraph b. date of

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retirement. However, a DROP participant may shall continue

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employment and receive a salary during the period of

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participation in DROP the Deferred Retirement Option Program, as

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provided in subsection (13).

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     b. Any person who is retired under a state-administered

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retirement system may not receive a retirement benefit if he or

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she receives compensation totaling $100,000 or more from an

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employer participating in the Florida Retirement System. This

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limitation begins immediately upon employment if the annualized

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compensation meets or exceeds the limit, or in the month that

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reported compensation meets or exceeds the limit during the plan

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year, and continues for as long as the expected payments equal or

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exceed $100,000. This limitation includes payments as defined in

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s. 121.021(22) for work performed in regularly established

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positions. The employer is responsible for notifying the Division

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of Retirement when this occurs, either at employment or if salary

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increases lead to the level specified. Any person employed in

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violation of this sub-subparagraph and any employing agency that

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knowingly employs or appoints such person without notifying the

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Division of Retirement to suspend retirement benefits shall be

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jointly and severally liable for reimbursement to the Florida

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Retirement System Trust Fund of any benefits paid during the

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reemployment limitation period.

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     2.  Any person to whom the limitation in subparagraph 1.

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applies who violates such reemployment limitation and who is

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reemployed with any agency participating in the Florida

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Retirement System after he or she has been retired and met the

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definition of termination in s. 121.021(39), but before

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completion of the 12-month limitation period, must shall give

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timely notice of this fact in writing to the employer and to the

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Division of Retirement and shall have his or her retirement

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benefits suspended while employed during for the balance of the

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12-month limitation period unless the person exceeds the 780-hour

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limitation in subparagraph 4. or subparagraph 5. Any person

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employed in violation of this paragraph and any employing agency

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that which knowingly employs or appoints such person without

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notifying the division of Retirement to suspend retirement

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benefits are shall be jointly and severally liable for

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reimbursement to the retirement trust fund of any benefits paid

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during the reemployment limitation period. To avoid liability,

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the such employing agency must shall have a written statement

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from the retiree that he or she is not retired from a state-

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administered retirement system. Any retirement benefits received

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while reemployed during this reemployment limitation period must

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shall be repaid to the Florida Retirement System Trust Fund

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retirement trust fund, and retirement benefits shall remain

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suspended until such repayment has been made. Benefits suspended

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beyond the reemployment limitation shall apply toward repayment

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of benefits received in violation of the reemployment limitation.

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     3.  A district school board may reemploy a retired member as

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a substitute or hourly teacher, education paraprofessional,

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transportation assistant, bus driver, or food service worker on a

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noncontractual basis after he or she has been retired and met the

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definition of termination for 1 calendar month, in accordance

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with s. 121.021(39). A district school board may reemploy a

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retired member as instructional personnel, as defined in s.

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1012.01(2)(a), on an annual contractual basis after he or she has

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been retired for 1 calendar month, in accordance with s.

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121.021(39). Any other retired member who is reemployed before

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meeting the definition of termination voids within 1 calendar

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month after retirement shall void his or her application for

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retirement benefits. District school boards reemploying such

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teachers, education paraprofessionals, transportation assistants,

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bus drivers, or food service workers are subject to the

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retirement contribution required by subparagraph 7.

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     4.  A community college board of trustees may reemploy a

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retired member as an adjunct instructor, that is, an instructor

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who is noncontractual and part-time, or as a participant in a

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phased retirement program within the Florida Community College

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System, after he or she has been retired and met the definition

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of termination for 1 calendar month, in accordance with s.

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121.021(39). Any retired member who is reemployed before meeting

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the definition of termination voids within 1 calendar month after

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retirement shall void his or her application for retirement

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benefits. Boards of trustees reemploying such instructors are

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subject to the retirement contribution required in subparagraph

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7. A retired member may be reemployed as an adjunct instructor

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for no more than 780 hours during the first 12 calendar months

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after meeting the definition of termination of retirement. Any

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retired member reemployed for more than 780 hours during the

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first 12 months of retirement must shall give timely notice in

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writing to the employer and to the Division of Retirement of the

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date he or she will exceed the limitation. The division shall

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suspend his or her retirement benefits for the remainder of the

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12-month limitation period first 12 months of retirement. Any

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person employed in violation of this subparagraph and any

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employing agency that which knowingly employs or appoints such

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person without notifying the division of Retirement to suspend

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retirement benefits are shall be jointly and severally liable for

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reimbursement to the retirement trust fund of any benefits paid

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during the reemployment limitation period. To avoid liability,

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the such employing agency must shall have a written statement

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from the retiree that he or she is not retired from a state-

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administered retirement system. Any retirement benefits received

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by a retired member while reemployed in excess of 780 hours

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during the 12-month limitation period must first 12 months of

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retirement shall be repaid to the Florida Retirement System Trust

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Fund, and retirement benefits shall remain suspended until

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repayment is made. Benefits suspended beyond the end of the 12-

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month limitation period retired member's first 12 months of

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retirement shall apply toward repayment of benefits received in

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violation of the 780-hour reemployment limitation.

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     5.  The State University System may reemploy a retired

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member as an adjunct faculty member or as a participant in a

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phased retirement program within the State University System

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after the retired member has met the definition of termination

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been retired for 1 calendar month, in accordance with s.

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121.021(39). Any retired member who is reemployed before meeting

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the definition of termination voids within 1 calendar month after

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retirement shall void his or her application for retirement

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benefits. The State University System is subject to the retired

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contribution required in subparagraph 7., as appropriate. A

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retired member may be reemployed as an adjunct faculty member or

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a participant in a phased retirement program for no more than 780

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hours during the first 12 calendar months after meeting the

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definition of termination of his or her retirement. Any retired

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member reemployed for more than 780 hours during the 12-month

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limitation period first 12 months of retirement shall give timely

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notice in writing to the employer and to the Division of

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Retirement of the date he or she will exceed the limitation. The

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division shall suspend his or her retirement benefits for the

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remainder of the 12-month limitation period first 12 months of

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retirement. Any person employed in violation of this subparagraph

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and any employing agency that which knowingly employs or appoints

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such person without notifying the division of Retirement to

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suspend retirement benefits are shall be jointly and severally

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liable for reimbursement to the retirement trust fund of any

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benefits paid during the reemployment limitation period. To avoid

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liability, such employing agency must shall have a written

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statement from the retiree that he or she is not retired from a

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state-administered retirement system. Any retirement benefits

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received by a retired member while reemployed in excess of 780

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hours during the first 12 months of retirement must shall be

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repaid to the Florida Retirement System Trust Fund, and

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retirement benefits shall remain suspended until repayment is

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made. Benefits suspended beyond the end of the retired member's

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12-month limitation period first 12 months of retirement shall

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apply toward repayment of benefits received in violation of the

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780-hour reemployment limitation.

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     6.  The Board of Trustees of the Florida School for the Deaf

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and the Blind may reemploy a retired member as a substitute

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teacher, substitute residential instructor, or substitute nurse

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on a noncontractual basis after he or she has met the definition

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of termination been retired for 1 calendar month, in accordance

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with s. 121.021(39). The Board of Trustees of the Florida School

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for the Deaf and the Blind may reemploy a retired member as

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instructional personnel, as defined in s. 1012.01(2)(a), on an

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annual contractual basis after he or she has been retired and met

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the definition of termination in s. 121.021(39). Any retired

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member who is reemployed before meeting the definition of

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termination voids within 1 calendar month after retirement shall

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void his or her application for retirement benefits. The Board of

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Trustees of the Florida School for the Deaf and the Blind

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reemploying such teachers, residential instructors, or nurses is

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subject to the retirement contribution required by subparagraph

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7. Reemployment of a retired member as a substitute teacher,

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substitute residential instructor, or substitute nurse is limited

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to 780 hours during the first 12 months of his or her retirement.

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Any retired member reemployed for more than 780 hours during the

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first 12 months of retirement shall give timely notice in writing

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to the employer and to the division of the date he or she will

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exceed the limitation. The division shall suspend his or her

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retirement benefits for the remainder of the first 12 months of

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retirement. Any person employed in violation of this subparagraph

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and any employing agency which knowingly employs or appoints such

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person without notifying the Division of Retirement to suspend

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retirement benefits shall be jointly and severally liable for

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reimbursement to the retirement trust fund of any benefits paid

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during the reemployment limitation period. To avoid liability,

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such employing agency shall have a written statement from the

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retiree that he or she is not retired from a state-administered

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retirement system. Any retirement benefits received by a retired

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member while reemployed in excess of 780 hours during the first

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12 months of retirement shall be repaid to the Retirement System

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Trust Fund, and his or her retirement benefits shall remain

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suspended until payment is made. Benefits suspended beyond the

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end of the retired member's first 12 months of retirement shall

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apply toward repayment of benefits received in violation of the

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780-hour reemployment limitation.

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     7.a. The employment by an employer of a any retiree or DROP

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participant of any state-administered retirement system does not

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affect shall have no effect on the average final compensation or

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years of creditable service of the retiree or DROP participant.

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     b. Prior to July 1, 1991, and for initial enrollment as a

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renewed member through December 31, 2008, upon employment of any

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person, other than an elected officer as provided in s. 121.053,

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who is has been retired under a any state-administered retirement

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program, the employer shall pay retirement contributions in an

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amount equal to the unfunded actuarial liability portion of the

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employer contribution which would be required for regular members

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of the Florida Retirement System. Effective July 1, 1991,

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contributions shall be made as provided in s. 121.122 for

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retirees who have with renewed membership or, as provided in

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subsection (13) for with respect to DROP participants.

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     c. Any person who is retired under a state-administered

479

retirement program and who is initially reemployed on or after

480

January 1, 2009, may not renew membership in the Florida

481

Retirement System. The employer shall pay retirement

482

contributions in an amount equal to the unfunded actuarial

483

liability portion of the employer contribution that would be

484

required for active members of the Florida Retirement System in

485

addition to the contributions required by s. 121.76.

486

     8.a. Any person who has previously retired and who is

487

holding an elective public office or an appointment to an

488

elective public office initially eligible for the Elected

489

Officers' Class on or after July 1, 1990, through December 31,

490

2008, shall be enrolled in the Florida Retirement System as

491

provided in s. 121.053(1)(c)(b) or, if holding an elective public

492

office that does not qualify for the Elected Officers' Class on

493

or after July 1, 1991, through December 31, 2008, shall be

494

enrolled in the Florida Retirement System as provided in s.

495

121.122, and shall continue to receive retirement benefits as

496

well as compensation for the elected officer's service for as

497

long as he or she remains in elective office. However, any

498

retired member who served in an elective office prior to July 1,

499

1990, suspended his or her retirement benefit, and had his or her

500

Florida Retirement System membership reinstated shall, upon

501

retirement from such office, have his or her retirement benefit

502

recalculated to include the additional service and compensation

503

earned.

504

     b. Any person who has retired and who is holding an

505

elective public office or an appointment to an elective public

506

office initially eligible for the Elected Officers' Class on or

507

after January 1, 2009, shall not be enrolled in the Florida

508

Retirement System as provided in s. 121.053(1)(c) or, if holding

509

an elective public office that does not qualify for the Elected

510

Officers' Class and is initially eligible on or after January 1,

511

2009, shall not be enrolled in the Florida Retirement System as

512

provided in s. 121.122, and shall not continue to receive

513

retirement benefits during the first 12 calendar months after

514

meeting the definition of termination in s. 121.021(39).

515

     9.a. Any person who is holding an elective public office

516

which is covered by the Florida Retirement System and who is

517

concurrently employed in nonelected covered employment before

518

January 1, 2009, may elect to retire while continuing employment

519

in the elective public office, if provided that he or she

520

terminates shall be required to terminate his or her nonelected

521

covered employment. Any person who exercises this election shall

522

receive his or her retirement benefits in addition to the

523

compensation of the elective office without regard to the time

524

limitations otherwise provided in this subsection. A No person

525

who seeks to exercise the provisions of this subparagraph, as

526

they the same existed prior to May 3, 1984, may not shall be

527

deemed to be retired under those provisions, unless such person

528

is eligible to retire under the provisions of this subparagraph,

529

as amended by chapter 84-11, Laws of Florida.

530

     b. Any person who is holding an elective public office

531

which is covered by the Florida Retirement System and who is

532

concurrently employed in nonelected covered employment on or

533

after January 1, 2009, may not elect to retire while continuing

534

employment in the elective public office. Such person must meet

535

the definition of termination in s. 121.021(39) and is subject to

536

the limitations provided in this section.

537

     10.  The limitations of this paragraph apply to reemployment

538

in any capacity with an "employer" as defined in s. 121.021(10),

539

irrespective of the category of funds from which the person is

540

compensated.

541

     11. A developmental research school may reemploy a retired

542

member as a substitute or hourly teacher or an education

543

paraprofessional, as defined in s. 1012.01(2), on a

544

noncontractual basis after he or she has been retired and met the

545

definition of termination in s. 121.021(39). A developmental

546

research school may reemploy a retired member as instructional

547

personnel, as defined in s. 1012.01(2)(a), on an annual

548

contractual basis after he or she has been retired and met the

549

definition of termination in s. 121.021(39). Any other retired

550

member who is reemployed within 12 calendar months after

551

retirement voids his or her application for retirement benefits.

552

A developmental research school that reemploys retired teachers

553

and education paraprofessionals are subject to the retirement

554

contribution required by subparagraph 7.

555

     12. A charter school may reemploy a retired member as a

556

substitute or hourly teacher on a noncontractual basis after he

557

or she has been retired and met the definition of termination in

558

s. 121.021(39). A charter school may reemploy a retired member as

559

instructional personnel, as defined in s. 1012.01(2)(a), on an

560

annual contractual basis after he or she has been retired and met

561

the definition of termination in s. 121.021(39). Any other

562

retired member who is reemployed within 12 calendar months after

563

retirement voids his or her application for retirement benefits.

564

A charter school that reemploys such teachers is subject to the

565

retirement contribution required by subparagraph 7.

566

     13. The reemployment after retirement provisions of this

567

paragraph apply to DROP participants effective upon the end of

568

DROP participation and meeting the definition of termination in

569

s. 121.021(39).

570

     11. An employing agency may reemploy a retired member as a

571

firefighter or paramedic after the retired member has been

572

retired for 1 calendar month, in accordance with s. 121.021(39).

573

Any retired member who is reemployed within 1 calendar month

574

after retirement shall void his or her application for retirement

575

benefits. The employing agency reemploying such firefighter or

576

paramedic is subject to the retired contribution required in

577

subparagraph 8. Reemployment of a retired firefighter or

578

paramedic is limited to no more than 780 hours during the first

579

12 months of his or her retirement. Any retired member reemployed

580

for more than 780 hours during the first 12 months of retirement

581

shall give timely notice in writing to the employer and to the

582

division of the date he or she will exceed the limitation. The

583

division shall suspend his or her retirement benefits for the

584

remainder of the first 12 months of retirement. Any person

585

employed in violation of this subparagraph and any employing

586

agency which knowingly employs or appoints such person without

587

notifying the Division of Retirement to suspend retirement

588

benefits shall be jointly and severally liable for reimbursement

589

to the Retirement System Trust Fund of any benefits paid during

590

the reemployment limitation period. To avoid liability, such

591

employing agency shall have a written statement from the retiree

592

that he or she is not retired from a state-administered

593

retirement system. Any retirement benefits received by a retired

594

member while reemployed in excess of 780 hours during the first

595

12 months of retirement shall be repaid to the Retirement System

596

Trust Fund, and retirement benefits shall remain suspended until

597

repayment is made. Benefits suspended beyond the end of the

598

retired member's first 12 months of retirement shall apply toward

599

repayment of benefits received in violation of the 780-hour

600

reemployment limitation.

601

     (c)  The provisions of this subsection apply to retirees, as

602

defined in s. 121.4501(2)(j), of the Public Employee Optional

603

Retirement Program created in part II, subject to the following

604

conditions:

605

     1.  Such retirees may not be reemployed with an employer

606

participating in the Florida Retirement System as provided in

607

paragraph (b) until such person has been retired for 12 3

608

calendar months, unless the participant has reached the normal

609

retirement requirements of the defined benefit plan as provided

610

in s. 121.021(29).

611

     2.  Such retiree employed in violation of this subsection

612

and any employing agency that knowingly employs or appoints such

613

person shall be jointly and severally liable for reimbursement of

614

any benefits paid to the retirement trust fund from which the

615

benefits were paid, including the Retirement System Trust Fund

616

and the Public Employee Optional Retirement Program Trust Fund,

617

as appropriate. To avoid liability, such employing agency must

618

have a written statement from the retiree that he or she is not

619

retired from a state-administered retirement system.

620

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

621

subject to the provisions of this section, the Deferred

622

Retirement Option Program, hereinafter referred to as the DROP,

623

is a program under which an eligible member of the Florida

624

Retirement System may elect to participate, deferring receipt of

625

retirement benefits while continuing employment with his or her

626

Florida Retirement System employer. The deferred monthly benefits

627

shall accrue in the System Trust Fund on behalf of the

628

participant, plus interest compounded monthly, for the specified

629

period of the DROP participation, as provided in paragraph (c).

630

Upon termination of employment as required in s. 121.021(39)(b),

631

the participant shall receive the total DROP benefits and begin

632

to receive the previously determined normal retirement benefits.

633

Participation in the DROP does not guarantee employment for the

634

specified period of DROP. Participation in the DROP by an

635

eligible member beyond the initial 60-month period as authorized

636

in this subsection shall be on an annual contractual basis for

637

all participants.

638

     (a) Eligibility of member to participate in the DROP.--All

639

active Florida Retirement System members in a regularly

640

established position, and all active members of either the

641

Teachers' Retirement System established in chapter 238 or the

642

State and County Officers' and Employees' Retirement System

643

established in chapter 122, which systems are consolidated within

644

the Florida Retirement System under s. 121.011, are eligible to

645

elect participation in the DROP if provided that:

646

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

647

Retirement System under s. 121.122, or a member or renewed member

648

of the State Community College System Optional Retirement Program

649

under s. 121.051, the Senior Management Service Optional Annuity

650

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

651

the State University System under s. 121.35.

652

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

653

participate is made within 12 months immediately following the

654

date on which the member first reaches normal retirement date,

655

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

656

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

657

Risk Class members, election to participate may be deferred to

658

the 12 months immediately following the date the member attains

659

57, or age 52 for Special Risk Class members. For a member who

660

first reached normal retirement date or the deferred eligibility

661

date described above prior to the effective date of this section,

662

election to participate shall be made within 12 months after the

663

effective date of this section. A member who fails to make an

664

election within the such 12-month limitation period forfeits

665

shall forfeit all rights to participate in the DROP. The member

666

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

667

the date on which the DROP begins shall begin. The Such beginning

668

date may be subsequent to the 12-month election period, but must

669

be within the original 60-month participation or, with respect to

670

members who are instructional personnel employed by the Florida

671

School for the Deaf and the Blind and who have received

672

authorization by the Board of Trustees of the Florida School for

673

the Deaf and the Blind to participate in the DROP beyond 60

674

months, or who are instructional personnel as defined in s.

675

1012.01(2)(a)-(d) in grades K-12 and who have received

676

authorization by the district school superintendent to

677

participate in the DROP beyond 60 months, the 96-month limitation

678

period as provided in subparagraph (b)1. When establishing

679

eligibility of the member to participate in the DROP for the 60-

680

month or, with respect to members who are instructional personnel

681

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

682

have received authorization by the Board of Trustees of the

683

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

684

DROP beyond 60 months, or who are instructional personnel as

685

defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have

686

received authorization by the district school superintendent to

687

participate in the DROP beyond 60 months, the 96-month maximum

688

participation period, the member may elect to include or exclude

689

any optional service credit purchased by the member from the

690

total service used to establish the normal retirement date. A

691

member who has with dual normal retirement dates is shall be

692

eligible to elect to participate in DROP within 12 months after

693

attaining normal retirement date in either class.

694

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

695

DROP, or employers if dually employed, shall acknowledge in

696

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

697

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

698

participation will terminate.

699

     4.  Simultaneous employment of a participant by additional

700

Florida Retirement System employers subsequent to the

701

commencement of participation in the DROP is shall be permissible

702

if provided such employers acknowledge in writing a DROP

703

termination date no later than the participant's existing

704

termination date or the maximum participation 60-month limitation

705

period as provided in subparagraph (b)1.

706

     5.  A DROP participant may change employers while

707

participating in the DROP, subject to the following:

708

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

709

in service so that the member receives salary for each month of

710

continuous DROP participation. If a member receives no salary

711

during a month, DROP participation shall cease unless the

712

employer verifies a continuation of the employment relationship

713

for such participant pursuant to s. 121.021(39)(b).

714

     b.  Such participant and new employer shall notify the

715

division of the identity of the new employer on forms required by

716

the division as to the identity of the new employer.

717

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

718

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

719

not beyond the maximum participation original 60-month or, with

720

respect to members who are instructional personnel employed by

721

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

722

received authorization by the Board of Trustees of the Florida

723

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

724

beyond 60 months, or who are instructional personnel as defined

725

in s. 1012.01(2)(a)-(d) in grades K-12 and who have received

726

authorization by the district school superintendent to

727

participate in the DROP beyond 60 months, the 96-month period

728

provided in subparagraph (b)1., shall acknowledge liability for

729

any additional retirement contributions and interest required if

730

the participant fails to timely terminate employment, and is

731

shall be subject to the adjustment required in sub-subparagraph

732

(c)5.d.

733

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

734

defined in s. 1012.01(2), election to participate in the DROP may

735

shall be made at any time following the date on which the member

736

first reaches normal retirement date. The member shall advise his

737

or her employer and the division in writing of the date on which

738

DROP begins the Deferred Retirement Option Program shall begin.

739

When establishing eligibility of the member to participate in the

740

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

741

instructional personnel employed by the Florida School for the

742

Deaf and the Blind and who have received authorization by the

743

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

744

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

745

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

746

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

747

school superintendent to participate in the DROP beyond 60

748

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

749

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

750

any optional service credit purchased by the member from the

751

total service used to establish the normal retirement date. A

752

member who has with dual normal retirement dates is shall be

753

eligible to elect to participate in either class.

754

     (b) Participation in the DROP.--

755

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

756

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

757

or, except as provided in subparagraph b.

758

     b. Members with respect to members who are instructional

759

personnel employed by the Florida School for the Deaf and the

760

Blind and who are authorized have received authorization by the

761

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

762

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

763

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

764

grades K-12 and who are authorized have received authorization by

765

the district school superintendent to participate in the DROP

766

beyond 60 calendar months, or who are instructional personnel as

767

defined in s. 1012.01(2)(a)-(d) employed by a developmental

768

research school and who are authorized by the school's director,

769

or if the school has no director, by the school's principal, to

770

participate in DROP beyond the original 60-month period, for up

771

to 36 96 calendar months immediately following the DROP

772

termination date selected for participation in sub-subparagraph

773

a. date on which the member first reaches his or her normal

774

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

775

defer his or her election to participate as provided in

776

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

777

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

778

eligible to participate in the DROP for a period of time not to

779

exceed 60 calendar months or, with respect to members who are

780

instructional personnel employed by the Florida School for the

781

Deaf and the Blind and who have received authorization by the

782

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

783

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

784

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

785

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

786

school superintendent to participate in the DROP beyond 60

787

calendar months, 96 calendar months immediately following the

788

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

789

Class who has reached normal retirement date prior to the

790

effective date of the DROP and whose total accrued value exceeds

791

75 percent of average final compensation as of his or her

792

effective date of retirement shall be eligible to participate in

793

the DROP for no more than 36 calendar months immediately

794

following the effective date of the DROP.

795

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

796

shall submit, on forms required by the division:

797

     a. A written election to participate in the DROP;

798

     b. Selection of the DROP participation and termination

799

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

800

subparagraph 1. The Such termination date must shall be in a

801

binding letter of resignation to with the employer, establishing

802

a deferred termination date. The member may change the

803

termination date within the limitations of subparagraph 1., but

804

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

805

     c.  A properly completed DROP application for service

806

retirement as provided in this section; and

807

     d.  Any other information required by the division.

808

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

809

Florida Retirement System for all purposes, except for paragraph

810

(5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053, and

811

121.122. DROP participation is final and cannot be canceled by

812

the participant after the first payment is credited during the

813

DROP participation period. However, participation in the DROP

814

does not alter the participant's employment status and the member

815

is such employee shall not be deemed retired from employment

816

until his or her deferred resignation is effective and

817

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

818

     4. Elected officers are shall be eligible to participate in

819

the DROP subject to the following:

820

     a.  An elected officer who reaches normal retirement date

821

during a term of office may defer the election to participate in

822

the DROP until the next succeeding term in that office. An Such

823

elected officer who exercises this option may participate in the

824

DROP for up to 60 calendar months or a period of no longer than

825

the such succeeding term of office, whichever is less.

826

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

827

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

828

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

829

such additional term of office exceeds the 60-month limitation

830

established in subparagraph 1., and the officer does not resign

831

from office within such 60-month limitation, the retirement and

832

the participant's DROP is shall be null and void as provided in

833

sub-subparagraph (c)5.d.

834

     c.(I) For DROP participation ending before January 1, 2009,

835

an elected officer who is dually employed and elects to

836

participate in DROP must shall be required to satisfy the

837

definition of termination within the original 60-month period or

838

maximum participation, with respect to members who are

839

instructional personnel employed by the Florida School for the

840

Deaf and the Blind and who have received authorization by the

841

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

842

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

843

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

844

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

845

school superintendent to participate in the DROP beyond 60

846

months, the 96-month limitation period as provided in

847

subparagraph 1. for the nonelected position and may continue

848

employment as an elected officer as provided in s. 121.053. The

849

elected officer shall will be enrolled as a renewed member in the

850

Elected Officers' Class or the Regular Class, as provided in ss.

851

121.053 and 121.122, on the first day of the month after

852

termination of employment in the nonelected position and

853

termination of DROP. Distribution of the DROP benefits shall be

854

made as provided in paragraph (c).

855

     (II) For DROP participation ending on or after January 1,

856

2009, an elected officer who is dually employed and elects to

857

participate in DROP must satisfy the definition of termination in

858

s. 121.021(39) within the original 60-month period or maximum

859

period as provided in subparagraph 1.

860

     (c) Benefits payable under the DROP.--

861

     1. Effective on with the date of DROP participation, the

862

member's initial normal monthly benefit, including creditable

863

service, optional form of payment, and average final

864

compensation, and the effective date of retirement are shall be

865

fixed. The beneficiary established under the Florida Retirement

866

System shall be the beneficiary eligible to receive any DROP

867

benefits payable if the DROP participant dies prior to the

868

completion of the period of DROP participation. If In the event a

869

joint annuitant predeceases the member, the member may name a

870

beneficiary to receive accumulated DROP benefits payable. The

871

Such retirement benefit, the annual cost of living adjustments

872

provided in s. 121.101, and interest shall accrue monthly in the

873

System Trust Fund. The Such interest shall accrue at an effective

874

annual rate of 6.5 percent compounded monthly, on the prior

875

month's accumulated ending balance, up to the month of

876

termination or death.

877

     2. Each employee who elects to participate in the DROP may

878

shall be allowed to elect to receive a lump-sum payment for

879

accrued annual leave earned in accordance with agency policy upon

880

beginning participation in the DROP. The Such accumulated leave

881

payment certified to the division upon commencement of DROP shall

882

be included in the calculation of the member's average final

883

compensation. The employee electing the such lump-sum payment is

884

upon beginning participation in DROP will not be eligible to

885

receive a second lump-sum payment upon termination, except to the

886

extent the employee has earned additional annual leave which

887

combined with the original payment does not exceed the maximum

888

lump-sum payment allowed by the employing agency's policy or

889

rules. An Such early lump-sum payment shall be based on the

890

hourly wage of the employee at the time he or she begins

891

participation in the DROP. If the member elects to wait and

892

receive such lump-sum payment upon termination of DROP and

893

termination of employment with the employer, any accumulated

894

leave payment made at that time may not cannot be included in the

895

member's retirement benefit, which was determined and fixed by

896

law when the employee elected to participate in the DROP.

897

     3.  The effective date of DROP participation and the

898

effective date of retirement of a DROP participant shall be the

899

first day of the month selected by the member to begin

900

participation in the DROP, provided such date is properly

901

established, with the written confirmation of the employer, and

902

the approval of the division, on forms required by the division.

903

     4. Normal retirement benefits and any interest thereon

904

shall continue to accrue in the DROP until the established

905

termination date of the DROP, or until the participant terminates

906

employment or dies prior to such date. Although individual DROP

907

accounts shall not be established, a separate accounting of each

908

participant's accrued benefits under the DROP shall be calculated

909

and provided to participants.

910

     5.  At the conclusion of the participant's DROP, the

911

division shall distribute the participant's total accumulated

912

DROP benefits, subject to the following provisions:

913

     a.  The division shall receive verification by the

914

participant's employer or employers that the such participant has

915

terminated employment as provided in s. 121.021(39)(b).

916

     b. The terminated DROP participant or, if deceased, the

917

such participant's named beneficiary, shall elect on forms

918

provided by the division to receive payment of the DROP benefits

919

in accordance with one of the options listed below. If For a

920

participant or beneficiary who fails to elect a method of payment

921

within 60 days of termination of the DROP, the division shall

922

will pay a lump sum as provided in sub-sub-subparagraph (I).

923

     (I)  Lump sum.--All accrued DROP benefits, plus interest,

924

less withholding taxes remitted to the Internal Revenue Service,

925

shall be paid to the DROP participant or surviving beneficiary.

926

     (II)  Direct rollover.--All accrued DROP benefits, plus

927

interest, shall be paid from the DROP directly to the custodian

928

of an eligible retirement plan as defined in s. 402(c)(8)(B) of

929

the Internal Revenue Code. However, in the case of an eligible

930

rollover distribution to the surviving spouse of a deceased

931

participant, an eligible retirement plan is an individual

932

retirement account or an individual retirement annuity as

933

described in s. 402(c)(9) of the Internal Revenue Code.

934

     (III)  Partial lump sum.--A portion of the accrued DROP

935

benefits shall be paid to the DROP participant or surviving

936

spouse, less withholding taxes remitted to the Internal Revenue

937

Service, and the remaining DROP benefits shall be transferred

938

directly to the custodian of an eligible retirement plan as

939

defined in s. 402(c)(8)(B) of the Internal Revenue Code. However,

940

in the case of an eligible rollover distribution to the surviving

941

spouse of a deceased participant, an eligible retirement plan is

942

an individual retirement account or an individual retirement

943

annuity as described in s. 402(c)(9) of the Internal Revenue

944

Code. The proportions shall be specified by the DROP participant

945

or surviving beneficiary.

946

     c.  The form of payment selected by the DROP participant or

947

surviving beneficiary must comply complies with the minimum

948

distribution requirements of the Internal Revenue Code.

949

     d.  A DROP participant who fails to terminate employment as

950

defined in s. 121.021(39)(b) shall be deemed not to be retired,

951

and the DROP election is shall be null and void. Florida

952

Retirement System membership shall be reestablished retroactively

953

to the date of the commencement of the DROP, and each employer

954

with whom the participant continues employment must shall be

955

required to pay to the Florida Retirement System Trust Fund the

956

difference between the DROP contributions paid in paragraph (i)

957

and the contributions required for the applicable Florida

958

Retirement System class of membership during the period the

959

member participated in the DROP, plus 6.5 percent interest

960

compounded annually.

961

     6. The retirement benefits of any DROP participant who

962

meets the definition of termination in s. 121.021(39)(b), but is

963

in violation of the reemployment provisions as provided in

964

subsection (9), shall be suspended during those months in which

965

the member is in violation. Any member employed in violation of

966

this subparagraph and any employing agency that knowingly employs

967

or appoints such member without notifying the Division of

968

Retirement to suspend retirement benefits are jointly and

969

severally liable for any benefits paid during the reemployment

970

limitation period. To avoid liability, the employing agency must

971

have a written statement from the retiree that he or she is not

972

retired from a state-administered retirement system. Any

973

retirement benefits received by a retired member while employed

974

in violation of the reemployment limitations during the first 12

975

months after meeting termination must be repaid to the Florida

976

Retirement System Trust Fund, and his or her retirement benefits

977

shall remain suspended until payment is made. Benefits suspended

978

beyond the end of the retired member's first 12 calendar months

979

after meeting the definition of termination in s. 121.021(39)(b)

980

shall apply toward repayment of benefits received in violation of

981

the reemployment limitations.

982

     7.6. The accrued benefits of any DROP participant, and any

983

contributions accumulated under the such program, are shall not

984

be subject to assignment, execution, attachment, or to any legal

985

process whatsoever, except for qualified domestic relations

986

orders by a court of competent jurisdiction, income deduction

987

orders as provided in s. 61.1301, and federal income tax levies.

988

     8.7. DROP participants are shall not be eligible for

989

disability retirement benefits as provided in subsection (4).

990

     (d) Death benefits under the DROP.--

991

     1.  Upon the death of a DROP participant, the named

992

beneficiary shall be entitled to apply for and receive the

993

accrued benefits in the DROP as provided in sub-subparagraph

994

(c)5.b.

995

     2. The normal retirement benefit accrued to the DROP during

996

the month of a participant's death shall be the final monthly

997

benefit credited for such DROP participant.

998

     3. Eligibility to participate in the DROP terminates upon

999

death of the participant. If the participant dies on or after the

1000

effective date of enrollment in the DROP, but prior to the first

1001

monthly benefit being credited to the DROP, Florida Retirement

1002

System benefits shall be paid in accordance with subparagraph

1003

(7)(c)1. or subparagraph 2.

1004

     4.  A DROP participants' survivors shall not be eligible to

1005

receive Florida Retirement System death benefits as provided in

1006

paragraph (7)(d).

1007

     (e)  Cost-of-living adjustment.--On each July 1, the

1008

participants' normal retirement benefit shall be increased as

1009

provided in s. 121.101.

1010

     (f)  Retiree health insurance subsidy.--DROP participants

1011

are not eligible to apply for the retiree health insurance

1012

subsidy payments as provided in s. 112.363 until such

1013

participants have terminated employment and participation in the

1014

DROP.

1015

     (g) Renewed membership.--DROP participants must meet the

1016

definition of termination in s. 121.021(39)(b) and must meet

1017

eligibility requirements shall not be eligible for renewed

1018

membership in the Florida Retirement System under ss. 121.053 and

1019

121.122 until termination of employment is effectuated as

1020

provided in s. 121.021(39)(b).

1021

     (h)  Employment limitation after DROP participation.--Upon

1022

satisfying the definition of termination of employment as

1023

provided in s. 121.021(39)(b), DROP participants shall be subject

1024

to such reemployment limitations as other retirees. Reemployment

1025

restrictions applicable to retirees as provided in subsection (9)

1026

shall not apply to DROP participants until their employment and

1027

participation in the DROP are terminated.

1028

     (i)  Contributions.--

1029

     1.  All employers paying the salary of a DROP participant

1030

filling a regularly established position shall contribute 8.0

1031

percent of such participant's gross compensation for the period

1032

of July 1, 2002, through June 30, 2003, and 11.56 percent of such

1033

compensation thereafter, which shall constitute the entire

1034

employer DROP contribution with respect to such participant. Such

1035

contributions, payable to the System Trust Fund in the same

1036

manner as required in s. 121.071, shall be made as appropriate

1037

for each pay period and are in addition to contributions required

1038

for social security and the Retiree Health Insurance Subsidy

1039

Trust Fund. Such employer, social security, and health insurance

1040

subsidy contributions are not included in the DROP.

1041

     2.  The employer shall, in addition to subparagraph 1., also

1042

withhold one-half of the entire social security contribution

1043

required for the participant. Contributions for social security

1044

by each participant and each employer, in the amount required for

1045

social security coverage as now or hereafter provided by the

1046

federal Social Security Act, shall be in addition to

1047

contributions specified in subparagraph 1.

1048

     3.  All employers paying the salary of a DROP participant

1049

filling a regularly established position shall contribute the

1050

percent of such participant's gross compensation required in s.

1051

121.071(4), which shall constitute the employer's health

1052

insurance subsidy contribution with respect to such participant.

1053

Such contributions shall be deposited by the administrator in the

1054

Retiree Health Insurance Subsidy Trust Fund.

1055

     (j)  Forfeiture of retirement benefits.--Nothing in this

1056

section shall be construed to remove DROP participants from the

1057

scope of s. 8(d), Art. II of the State Constitution, s. 112.3173,

1058

and paragraph (5)(f). DROP participants who commit a specified

1059

felony offense while employed will be subject to forfeiture of

1060

all retirement benefits, including DROP benefits, pursuant to

1061

those provisions of law.

1062

     (k)  Administration of program.--The division shall make

1063

such rules as are necessary for the effective and efficient

1064

administration of this subsection. The division shall not be

1065

required to advise members of the federal tax consequences of an

1066

election related to the DROP but may advise members to seek

1067

independent advice.

1068

     (14)  PAYMENT OF BENEFITS.--This subsection applies to the

1069

payment of benefits to a payee (retiree or beneficiary) under the

1070

Florida Retirement System:

1071

     (a)  Federal income tax shall be withheld in accordance with

1072

federal law, unless the payee elects otherwise on Form W-4P. The

1073

division shall prepare and distribute to each recipient of

1074

monthly retirement benefits an appropriate income tax form that

1075

reflects the recipient's income and federal income tax withheld

1076

for the calendar year just ended.

1077

     (b)  Subject to approval by the division in accordance with

1078

rule 60S-4.015, Florida Administrative Code, a payee receiving

1079

retirement benefits under the Florida Retirement system may also

1080

have the following payments deducted from his or her monthly

1081

benefit:

1082

     1.  Premiums for life and health-related insurance policies

1083

from approved companies.

1084

     2.  Life insurance premiums for the State Group Life

1085

Insurance Plan, if authorized in writing by the payee and by the

1086

department of Management Services.

1087

     3.  Repayment of overpayments from the Florida Retirement

1088

System Trust Fund, the State Employees' Health Insurance Trust

1089

Fund, or the State Employees' Life Insurance Trust Fund, upon

1090

notification of the payee.

1091

     4. Payments to an alternate payee for alimony or, child

1092

support pursuant to an income deduction order under s. 61.1301,

1093

or division of marital assets pursuant to a qualified domestic

1094

relations order under s. 222.21 or an income deduction order

1095

under s. 61.1301.

1096

     5.  Payments to the Internal Revenue Service for federal

1097

income tax levies, upon notification of the division by the

1098

Internal Revenue Service.

1099

     (c) A payee must shall notify the division of any change in

1100

his or her address. The division may suspend benefit payments to

1101

a payee if correspondence sent to the payee's mailing address is

1102

returned due to an incorrect address. Benefit payments shall be

1103

resumed upon notification to the division of the payee's new

1104

address.

1105

     (d)  A payee whose retirement benefits are reduced by the

1106

application of maximum benefit limits under s. 415(b) of the

1107

Internal Revenue Code, as specified in s. 121.30(5), shall have

1108

the portion of his or her calculated benefit in the Florida

1109

Retirement System defined benefit plan which exceeds such federal

1110

limitation paid through the Florida Retirement System

1111

Preservation of Benefits Plan, as provided in s. 121.1001.

1112

     (e) The division may issue retirement benefits payable for

1113

division of marital assets pursuant to a qualified domestic

1114

relations order directly to the alternate payee, any court order

1115

to the contrary notwithstanding, in order to meet Internal

1116

Revenue Code requirements.

1117

     (f)(e) A No benefit may not be reduced for the purpose of

1118

preserving the member's eligibility for a federal program.

1119

     (g)(f) The division shall adopt rules establishing

1120

procedures for determining that the persons to whom benefits are

1121

being paid are still living. The division shall suspend the

1122

benefits being paid to any payee if when it is unable to contact

1123

such payee and to confirm that he or she is still living.

1124

     Section 6. Effective January 1, 2009, sections 121.093 and

1125

121.094, Florida Statutes, are repealed.

1126

     Section 7.  Effective January 1, 2009, section 121.122,

1127

Florida Statutes, is amended to read:

1128

     121.122  Renewed membership in system.--

1129

     (1) Any retiree of a state-administered retirement system

1130

who is initially reemployed on or after January 1, 2009, shall

1131

not be eligible for renewed membership.

1132

     (2) Except as provided in s. 121.053, effective July 1,

1133

1991, through December 31, 2008, any retiree of a state-

1134

administered retirement system who is initially reemployed

1135

employed in a regularly established position with a covered

1136

employer shall be enrolled as a compulsory member of the Regular

1137

Class of the Florida Retirement System or, effective July 1,

1138

1997, through December 31, 2008, any retiree of a state-

1139

administered retirement system who is initially reemployed

1140

employed in a position included in the Senior Management Service

1141

Class shall be enrolled as a compulsory member of the Senior

1142

Management Service Class of the Florida Retirement System as

1143

provided in s. 121.055, and shall be entitled to receive an

1144

additional retirement benefit, subject to the following

1145

conditions:

1146

     (1)(a) Such member shall resatisfy the age and service

1147

requirements as provided in this chapter for initial membership

1148

under the system, unless such member elects to participate in the

1149

Senior Management Service Optional Annuity Program in lieu of the

1150

Senior Management Service Class, as provided in s. 121.055(6).

1151

     (b)  Such member shall not be entitled to disability

1152

benefits as provided in s. 121.091(4).

1153

     (c)  Such member must meet the reemployment after retirement

1154

limitations as provided in s. 121.091(9), as applicable.

1155

     (3)(2) Upon renewed membership or reemployment of a

1156

retiree, the employer of such member shall pay the applicable

1157

employer contributions as required by ss. 121.71, 121.74, 121.76,

1158

and 112.363 121.055(3) and 121.071(1)(a) and (4).

1159

     (4)(3) The retiree of a state-administered retirement

1160

system who is initially reemployed before January 1, 2009, Such

1161

member shall be entitled to purchase additional retirement credit

1162

in the Regular Class or the Senior Management Service Class, as

1163

applicable, for any postretirement service performed in a

1164

regularly established position as follows:

1165

     (a)  For regular class service prior to July 1, 1991, by

1166

paying the Regular Class applicable employee and employer

1167

contributions for the period being claimed, plus 4 percent

1168

interest compounded annually from first year of service claimed

1169

until July 1, 1975, and 6.5 percent interest compounded

1170

thereafter, until full payment is made to the Florida Retirement

1171

System Trust Fund; or

1172

     (b)  For Senior Management Service Class prior to June 1,

1173

1997, as provided in s. 121.055(1)(j).

1174

1175

The contribution for postretirement service between July 1, 1985,

1176

and July 1, 1991, for which the reemployed retiree contribution

1177

was paid, shall be the difference between such contribution and

1178

the total applicable contribution for the period being claimed,

1179

plus interest. The employer of such member may pay the applicable

1180

employer contribution in lieu of the member. If a member does not

1181

wish to claim credit for all of the postretirement service for

1182

which he or she is eligible, the service the member claims must

1183

be the most recent service.

1184

     (5)(4) No creditable service for which credit was received,

1185

or which remained unclaimed, at retirement may be claimed or

1186

applied toward service credit earned following renewed

1187

membership. However, for retirees initially reemployed before

1188

January 1, 2009, service earned as an elected officer with

1189

renewed membership in the Elected Officers' Class may be used in

1190

conjunction with creditable service earned under this section,

1191

provided the applicable vesting requirements and other existing

1192

statutory conditions required by this chapter are met.

1193

     (6)(5) Notwithstanding any other limitations provided in

1194

this section, a participant of the State University System

1195

Optional Retirement Program or the Senior Management Service

1196

Optional Annuity Program who terminated employment and received a

1197

distribution commenced receiving an annuity under the provisions

1198

of the optional program, who initially renews membership before

1199

January 1, 2009, in the Regular Class as required by this section

1200

upon reemployment after retirement, and who had previously earned

1201

creditable Florida Retirement System service that was not

1202

included in any retirement benefit may include such previous

1203

service toward vesting and service credit in the second career

1204

benefit provided under renewed membership.

1205

     (7)(6) Any renewed member who is not receiving the maximum

1206

health insurance subsidy provided in s. 112.363 shall be entitled

1207

to earn additional credit toward the maximum health insurance

1208

subsidy. Any additional subsidy due because of such additional

1209

credit shall be received only at the time of payment of the

1210

second career retirement benefit. In no case shall the total

1211

health insurance subsidy received by a retiree receiving benefits

1212

from initial and renewed membership exceed the maximum allowed in

1213

s. 112.363.

1214

     Section 8.  Paragraph (a) of subsection (4) of section

1215

121.35, Florida Statutes, is amended, paragraph (g) is added to

1216

that subsection, and effective January 1, 2009, paragraph (e) of

1217

subsection (5) is amended, to read:

1218

     121.35  Optional retirement program for the State University

1219

System.--

1220

     (4)  CONTRIBUTIONS.--

1221

     (a)  Through June 30, 2001, each employer shall contribute

1222

on behalf of each participant in the optional retirement program

1223

an amount equal to the normal cost portion of the employer

1224

retirement contribution which would be required if the

1225

participant were a regular member of the Florida Retirement

1226

System defined benefit program, plus the portion of the

1227

contribution rate required in s. 112.363(8) that would otherwise

1228

be assigned to the Retiree Health Insurance Subsidy Trust Fund.

1229

Effective July 1, 2001, each employer shall contribute on behalf

1230

of each participant in the optional program an amount equal to

1231

10.43 percent of the participant's gross monthly compensation.

1232

The department shall deduct an amount approved by the Legislature

1233

to provide for the administration of this program. The payment of

1234

the contributions to the optional program which is required by

1235

this paragraph for each participant shall be made by the employer

1236

to the department, which shall forward the contributions to the

1237

designated company or companies contracting for payment of

1238

benefits for the participant under the program. However, such

1239

contributions paid on behalf of an employee described in

1240

paragraph (3)(c) shall not be forwarded to a company and shall

1241

not begin to accrue interest until the employee has executed a an

1242

annuity contract and notified the department.

1243

     (g) Effective July 1, 2008, for purposes of paragraph (a)

1244

and notwithstanding s. 121.021(22)(b)1., the term "participant's

1245

gross monthly compensation" includes salary payments made to

1246

eligible clinical faculty from a state university using funds

1247

provided by a faculty practice plan authorized by the Board of

1248

Governors of the State University System if:

1249

     1. There is not any employer contribution from the state

1250

university to any other retirement program with respect to such

1251

salary payments; and

1252

     2. The employer contribution on behalf of the participant

1253

in the optional retirement program with respect to such salary

1254

payments is made using funds provided by the faculty practice

1255

plan.

1256

     (5)  BENEFITS.--

1257

     (e)  A participant who chooses to receive his or her

1258

benefits upon termination of employment as defined in s.

1259

121.021(39) shall have responsibility to notify the provider

1260

company of the date on which he or she wishes benefits funded by

1261

employer contributions to begin. Benefits may be deferred until

1262

such time as the participant chooses to make such application.

1263

1264

================ T I T L E  A M E N D M E N T ================

1265

And the title is amended as follows:

1266

     Delete line(s) 15-22

1267

and insert:

1268

amending s. 121.053, F.S.; revising provisions relating to

1269

participation in the Elected Officers' Class for retired

1270

members; amending s. 121.055, F.S.; revising provisions

1271

relating to participation in the Senior Management Service

1272

Class; amending s. 121.091, F.S.; revising limitations on

1273

the payment of retirement benefits for certain retired

1274

persons who are reemployed by an employer participating in

1275

a state-administered retirement system; deleting a

1276

restriction on the reemployment of certain personnel by

1277

the Florida School for the Deaf and the Blind; prohibiting

1278

certain persons holding public office from electing to

1279

retire while continuing employment in that elected office;

1280

deleting a provision authorizing an employing agency to

1281

reemploy a retired member as a firefighter or paramedic

1282

after a specified period; providing certain limitations

1283

for DROP participants; clarifying that DROP participation

1284

cannot be canceled; providing for the suspension of DROP

1285

benefits to a participant who is reemployed; authorizing

1286

the Division of Retirement to issue benefits directly to

1287

the alternate payee pursuant to an income deduction order

1288

or a qualified domestic relations order; repealing s.

1289

121.093, F.S., authorizing a developmental research school

1290

and the Florida School for the Deaf and the Blind to

1291

reemploy instructional personnel after retirement;

1292

repealing s. 121.094, F.S., authorizing charter schools to

1293

reemploy instructional personnel after retirement;

1294

amending s. 121.122, F.S.; providing that certain persons

1295

are ineligible for renewed membership in the Florida

1296

Retirement System;amending s. 121.35, F.S.; requiring the

1297

participating employee in the optional retirement program

1298

to execute a contract, not just an annuity contract, with

1299

a designated company in order for employee contributions

1300

to be forwarded to the company and for interest to accrue;

1301

defining the term "participant's gross monthly

1302

compensation" for purposes of the optional retirement

1303

program for the State University System; providing a

1304

cross-reference; creating s.

4/24/2008  7:31:00 AM     11-08536-08

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