Florida Senate - 2008 SB 2344

By Senator Rich

34-02997-08 20082344__

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A bill to be entitled

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An act relating to the Florida Retirement System DROP

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Program; amending s. 121.091, F.S.; including among

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eligible participants pre-kindergarten instructional

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personnel; providing an effective date.

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

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     Section 1.  Subsection (13) of section 121.091, Florida

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

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subject to the provisions of this section, the Deferred

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Retirement Option Program, hereinafter referred to as the DROP,

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is a program under which an eligible member of the Florida

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Retirement System may elect to participate, deferring receipt of

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retirement benefits while continuing employment with his or her

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Florida Retirement System employer. The deferred monthly benefits

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shall accrue in the System Trust Fund on behalf of the

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participant, plus interest compounded monthly, for the specified

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

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Upon termination of employment, the participant shall receive the

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total DROP benefits and begin to receive the previously

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determined normal retirement benefits. Participation in the DROP

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does not guarantee employment for the specified period of DROP.

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Participation in the DROP by an eligible member beyond the

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initial 60-month period as authorized in this subsection shall be

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on an annual contractual basis for all participants.

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

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active Florida Retirement System members in a regularly

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established position, and all active members of either the

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Teachers' Retirement System established in chapter 238 or the

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State and County Officers' and Employees' Retirement System

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established in chapter 122 which systems are consolidated within

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

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elect participation in the DROP provided that:

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

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

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Community College System Optional Retirement Program under s.

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121.051, the Senior Management Service Optional Annuity Program

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

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State University System under s. 121.35.

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

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participate is made within 12 months immediately following the

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date on which the member first reaches normal retirement date,

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

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

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Risk Class members, election to participate may be deferred to

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the 12 months immediately following the date the member attains

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first reached normal retirement date or the deferred eligibility

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

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election to participate shall be made within 12 months after the

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

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election within such 12-month limitation period shall forfeit all

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rights to participate in the DROP. The member shall advise his or

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

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

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

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with respect to members who are instructional personnel employed

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

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received authorization by the Board of Trustees of the Florida

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

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beyond 60 months, or who are instructional personnel as defined

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in s. 1012.01(2)(a)-(d) in grades pre-K through 12 K-12 and who

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have received authorization by the district school superintendent

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

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

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establishing eligibility of the member to participate in the DROP

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

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instructional personnel employed by the Florida School for the

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Deaf and the Blind and who have received authorization by the

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

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

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

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grades pre-K through 12 K-12 and who have received authorization

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by the district school superintendent to participate in the DROP

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

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member may elect to include or exclude any optional service

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credit purchased by the member from the total service used to

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establish the normal retirement date. A member with dual normal

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retirement dates shall be eligible to elect to participate in

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DROP within 12 months after attaining normal retirement date in

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either class.

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

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DROP, or employers if dually employed, shall acknowledge in

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

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

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participation will terminate.

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     4.  Simultaneous employment of a participant by additional

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Florida Retirement System employers subsequent to the

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commencement of participation in the DROP shall be permissible

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provided such employers acknowledge in writing a DROP termination

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date no later than the participant's existing termination date or

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the 60-month limitation period as provided in subparagraph (b)1.

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     5.  A DROP participant may change employers while

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participating in the DROP, subject to the following:

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

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

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continuous DROP participation. If a member receives no salary

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during a month, DROP participation shall cease unless the

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employer verifies a continuation of the employment relationship

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

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     b.  Such participant and new employer shall notify the

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

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the new employer.

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

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

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

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are instructional personnel employed by the Florida School for

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

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

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

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

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grades pre-K through 12 K-12 and who have received authorization

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by the district school superintendent to participate in the DROP

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beyond 60 months, the 96-month period provided in subparagraph

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(b)1., shall acknowledge liability for any additional retirement

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contributions and interest required if the participant fails to

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timely terminate employment, and shall be subject to the

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

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

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

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

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first reaches normal retirement date. The member shall advise his

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

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the Deferred Retirement Option Program shall begin. When

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establishing eligibility of the member to participate in the DROP

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

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instructional personnel employed by the Florida School for the

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Deaf and the Blind and who have received authorization by the

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

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

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

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grades pre-K through 12 K-12 and who have received authorization

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by the district school superintendent to participate in the DROP

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

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provided in subparagraph (b)1., the member may elect to include

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or exclude any optional service credit purchased by the member

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from the total service used to establish the normal retirement

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date. A member with dual normal retirement dates shall be

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eligible to elect to participate in either class.

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     (b)  Participation in the DROP.--

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

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for a period not to exceed a maximum of 60 calendar months or,

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with respect to members who are instructional personnel employed

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

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received authorization by the Board of Trustees of the Florida

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

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beyond 60 months, or who are instructional personnel as defined

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in s. 1012.01(2)(a)-(d) in grades pre-K through 12 K-12 and who

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have received authorization by the district school superintendent

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

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months immediately following the date on which the member first

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reaches his or her normal retirement date or the date to which he

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or she is eligible to defer his or her election to participate as

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

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normal retirement date prior to the effective date of the DROP

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

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

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are instructional personnel employed by the Florida School for

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

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

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

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

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grades pre-K through 12 K-12 and who have received authorization

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by the district school superintendent to participate in the DROP

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beyond 60 calendar months, 96 calendar months immediately

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

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Special Risk Class who has reached normal retirement date prior

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to the effective date of the DROP and whose total accrued value

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

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effective date of retirement shall be eligible to participate in

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the DROP for no more than 36 calendar months immediately

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following the effective date of the DROP.

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

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shall submit, on forms required by the division:

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     a.  A written election to participate in the DROP;

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     b.  Selection of the DROP participation and termination

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

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subparagraph 1. Such termination date shall be in a binding

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letter of resignation with the employer, establishing a deferred

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termination date. The member may change the termination date

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within the limitations of subparagraph 1., but only with the

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written approval of his or her employer;

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     c.  A properly completed DROP application for service

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retirement as provided in this section; and

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     d.  Any other information required by the division.

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     3.  The DROP participant shall be a retiree under the

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Florida Retirement System for all purposes, except for paragraph

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

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121.122. However, participation in the DROP does not alter the

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participant's employment status and such employee shall not be

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deemed retired from employment until his or her deferred

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resignation is effective and termination occurs as provided in s.

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121.021(39).

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     4.  Elected officers shall be eligible to participate in the

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DROP subject to the following:

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     a.  An elected officer who reaches normal retirement date

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

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

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elected officer who exercises this option may participate in the

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

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such succeeding term of office, whichever is less.

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

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

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

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such additional term of office exceeds the 60-month limitation

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

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

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

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subparagraph (c)5.d.

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     c.  An elected officer who is dually employed and elects to

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participate in DROP shall be required to satisfy the definition

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of termination within the 60-month or, with respect to members

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who are instructional personnel employed by the Florida School

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

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

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

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

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grades pre-K through 12 K-12 and who have received authorization

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by the district school superintendent to participate in the DROP

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

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subparagraph 1. for the nonelected position and may continue

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

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elected officer will be enrolled as a renewed member in the

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

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

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termination of employment in the nonelected position and

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termination of DROP. Distribution of the DROP benefits shall be

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made as provided in paragraph (c).

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     (c)  Benefits payable under the DROP.--

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     1.  Effective with the date of DROP participation, the

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member's initial normal monthly benefit, including creditable

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service, optional form of payment, and average final

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compensation, and the effective date of retirement shall be

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fixed. The beneficiary established under the Florida Retirement

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System shall be the beneficiary eligible to receive any DROP

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benefits payable if the DROP participant dies prior to the

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

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joint annuitant predeceases the member, the member may name a

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beneficiary to receive accumulated DROP benefits payable. Such

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retirement benefit, the annual cost of living adjustments

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

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System Trust Fund. Such interest shall accrue at an effective

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annual rate of 6.5 percent compounded monthly, on the prior

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

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termination or death.

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     2.  Each employee who elects to participate in the DROP

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

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accrued annual leave earned in accordance with agency policy upon

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beginning participation in the DROP. Such accumulated leave

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payment certified to the division upon commencement of DROP shall

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

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compensation. The employee electing such lump-sum payment upon

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beginning participation in DROP will not be eligible to receive a

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second lump-sum payment upon termination, except to the extent

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the employee has earned additional annual leave which combined

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with the original payment does not exceed the maximum lump-sum

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payment allowed by the employing agency's policy or rules. Such

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early lump-sum payment shall be based on the hourly wage of the

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employee at the time he or she begins participation in the DROP.

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If the member elects to wait and receive such lump-sum payment

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upon termination of DROP and termination of employment with the

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employer, any accumulated leave payment made at that time cannot

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be included in the member's retirement benefit, which was

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determined and fixed by law when the employee elected to

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participate in the DROP.

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     3.  The effective date of DROP participation and the

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effective date of retirement of a DROP participant shall be the

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first day of the month selected by the member to begin

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participation in the DROP, provided such date is properly

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established, with the written confirmation of the employer, and

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

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     4.  Normal retirement benefits and interest thereon shall

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continue to accrue in the DROP until the established termination

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date of the DROP, or until the participant terminates employment

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or dies prior to such date. Although individual DROP accounts

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shall not be established, a separate accounting of each

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participant's accrued benefits under the DROP shall be calculated

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and provided to participants.

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

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division shall distribute the participant's total accumulated

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DROP benefits, subject to the following provisions:

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     a.  The division shall receive verification by the

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participant's employer or employers that such participant has

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

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

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participant's named beneficiary, shall elect on forms provided by

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the division to receive payment of the DROP benefits in

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accordance with one of the options listed below. For a

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participant or beneficiary who fails to elect a method of payment

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within 60 days of termination of the DROP, the division will pay

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

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

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less withholding taxes remitted to the Internal Revenue Service,

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shall be paid to the DROP participant or surviving beneficiary.

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

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

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

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

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rollover distribution to the surviving spouse of a deceased

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participant, an eligible retirement plan is an individual

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retirement account or an individual retirement annuity as

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

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

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benefits shall be paid to the DROP participant or surviving

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spouse, less withholding taxes remitted to the Internal Revenue

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Service, and the remaining DROP benefits shall be transferred

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directly to the custodian of an eligible retirement plan as

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

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in the case of an eligible rollover distribution to the surviving

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spouse of a deceased participant, an eligible retirement plan is

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an individual retirement account or an individual retirement

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

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Code. The proportions shall be specified by the DROP participant

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or surviving beneficiary.

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

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surviving beneficiary complies with the minimum distribution

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requirements of the Internal Revenue Code.

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     d.  A DROP participant who fails to terminate employment as

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

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

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System membership shall be reestablished retroactively to the

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date of the commencement of the DROP, and each employer with whom

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the participant continues employment shall be required to pay to

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the System Trust Fund the difference between the DROP

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contributions paid in paragraph (i) and the contributions

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required for the applicable Florida Retirement System class of

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membership during the period the member participated in the DROP,

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plus 6.5 percent interest compounded annually.

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

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contributions accumulated under such program, shall not be

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

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process whatsoever, except for qualified domestic relations

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orders by a court of competent jurisdiction, income deduction

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

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     7.  DROP participants shall not be eligible for disability

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retirement benefits as provided in subsection (4).

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     (d)  Death benefits under the DROP.--

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

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beneficiary shall be entitled to apply for and receive the

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accrued benefits in the DROP as provided in sub-subparagraph

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(c)5.b.

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     2.  The normal retirement benefit accrued to the DROP during

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

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benefit credited for such DROP participant.

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     3.  Eligibility to participate in the DROP terminates upon

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

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

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monthly benefit being credited to the DROP, Florida Retirement

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System benefits shall be paid in accordance with subparagraph

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

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

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receive Florida Retirement System death benefits as provided in

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paragraph (7)(d).

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

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participants' normal retirement benefit shall be increased as

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provided in s. 121.101.

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

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are not eligible to apply for the retiree health insurance

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subsidy payments as provided in s. 112.363 until such

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participants have terminated employment and participation in the

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DROP.

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     (g)  Renewed membership.--DROP participants shall not be

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eligible for renewed membership in the Florida Retirement System

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under ss. 121.053 and 121.122 until termination of employment is

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

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

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satisfying the definition of termination of employment as

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

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to such reemployment limitations as other retirees. Reemployment

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restrictions applicable to retirees as provided in subsection (9)

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shall not apply to DROP participants until their employment and

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participation in the DROP are terminated.

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     (i)  Contributions.--

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     1.  All employers paying the salary of a DROP participant

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filling a regularly established position shall contribute 8.0

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percent of such participant's gross compensation for the period

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

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compensation thereafter, which shall constitute the entire

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employer DROP contribution with respect to such participant. Such

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contributions, payable to the System Trust Fund in the same

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

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for each pay period and are in addition to contributions required

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for social security and the Retiree Health Insurance Subsidy

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

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subsidy contributions are not included in the DROP.

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

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withhold one-half of the entire social security contribution

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required for the participant. Contributions for social security

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

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social security coverage as now or hereafter provided by the

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federal Social Security Act, shall be in addition to

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contributions specified in subparagraph 1.

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     3.  All employers paying the salary of a DROP participant

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filling a regularly established position shall contribute the

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

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

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insurance subsidy contribution with respect to such participant.

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Such contributions shall be deposited by the administrator in the

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Retiree Health Insurance Subsidy Trust Fund.

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

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section shall be construed to remove DROP participants from the

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

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

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felony offense while employed will be subject to forfeiture of

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all retirement benefits, including DROP benefits, pursuant to

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those provisions of law.

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

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such rules as are necessary for the effective and efficient

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administration of this subsection. The division shall not be

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required to advise members of the federal tax consequences of an

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election related to the DROP but may advise members to seek

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independent advice.

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     Section 2.  This act shall take effect July 1, 2008.

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