| 1 | Representative Attkisson offered the following: |
| 2 |
|
| 3 | Amendment (with directory and title amendments) |
| 4 | Between lines 716 and 717, insert: |
| 5 | (c) The provisions of this subsection apply to retirees, |
| 6 | as defined in s. 121.4501(2)(j), of the Public Employee Optional |
| 7 | Retirement Program created in part II, subject to the following |
| 8 | conditions: |
| 9 | 1. Such retirees may not be reemployed with an employer |
| 10 | participating in the Florida Retirement System as provided in |
| 11 | paragraph (b) until such person has been retired for 3 calendar |
| 12 | months, unless the participant has reached the normal retirement |
| 13 | requirements of the defined benefit plan as provided in s. |
| 14 | 121.021(29). |
| 15 | 2. Such retiree employed in violation of this subsection |
| 16 | and any employing agency that knowingly employs or appoints such |
| 17 | person shall be jointly and severally liable for reimbursement |
| 18 | of any benefits paid to the retirement trust fund from which the |
| 19 | benefits were paid, including the Retirement System Trust Fund |
| 20 | and the Public Employee Optional Retirement Program Trust Fund, |
| 21 | as appropriate. To avoid liability, such employing agency must |
| 22 | have a written statement from the retiree that he or she is not |
| 23 | retired from a state-administered retirement system. |
| 24 | (d)1. For purposes of this paragraph, the term "member" |
| 25 | means a person who: |
| 26 | a. Retired from employment with an employer; |
| 27 | b. Was a member of the Senior Management Service Class or |
| 28 | was a member of the Special Risk Class and held the rank or |
| 29 | equivalent rank of captain or above, upon retirement or at the |
| 30 | end of DROP participation; and |
| 31 | c. Was reemployed during months 2 through 12 by the same |
| 32 | employer from which the member retired. |
| 33 | 2. For the period July 1, 2005, to June 30, 2008, any |
| 34 | employer who reemployed a member in months 2 through 12 of |
| 35 | retirement must certify to the Governor, the President of the |
| 36 | Senate, and the Speaker of the House of Representatives the |
| 37 | following information on each reemployed member no later than |
| 38 | October 1, 2008: |
| 39 | a. The date the member notified the employer that he or |
| 40 | she intended to retire or enter DROP. |
| 41 | b. The date the member provided as his or her date for |
| 42 | retirement or DROP participation dates. |
| 43 | c. How much time the employer had to plan for that |
| 44 | member's upcoming retirement and to recruit and train a person |
| 45 | to take over the member's job responsibilities prior to that |
| 46 | member's retirement date. |
| 47 | d. Why the employer failed to plan for that member's |
| 48 | upcoming retirement and to recruit and train another person to |
| 49 | take over the member's job responsibilities prior to that |
| 50 | member's retirement date. |
| 51 | 3. On or after July 1, 2008, any employer who reemploys a |
| 52 | member in months 2 through 12 of retirement must certify to the |
| 53 | Governor, the President of the Senate, and the Speaker of the |
| 54 | House of Representatives the following information on each |
| 55 | reemployed member within 30 days of reemployment: |
| 56 | a. The date the member notified the employer that he or |
| 57 | she intended to retire or enter DROP. |
| 58 | b. The date the member provided as his or her date for |
| 59 | retirement or DROP participation dates. |
| 60 | c. How much time the employer had to plan for that |
| 61 | member's upcoming retirement and to recruit and train a person |
| 62 | to take over the member's job responsibilities prior to that |
| 63 | member's retirement date. |
| 64 | d. Why the employer failed to plan for that member's |
| 65 | upcoming retirement and to recruit and train another person to |
| 66 | take over the member's job responsibilities prior to that |
| 67 | member's retirement date. |
| 68 |
|
| 69 | ----------------------------------------------------- |
| 70 | D I R E C T O R Y A M E N D M E N T |
| 71 | Remove line 427 and insert: |
| 72 | Section 7. Subsection (9), paragraphs (a), |
| 73 |
|
| 74 |
|
| 75 | ----------------------------------------------------- |
| 76 | T I T L E A M E N D M E N T |
| 77 | Between lines 34 and 35, insert: |
| 78 | defining the term "member" for purposes of reporting to the |
| 79 | Governor, the President of the Senate, and the Speaker of the |
| 80 | House of Representatives those members who have been reemployed |
| 81 | after retirement; requiring employers to certify to the |
| 82 | Governor, the President of the Senate, and the Speaker of the |
| 83 | House of Representatives information regarding those employers |
| 84 | who reemployed members during months 2 through 12 of retirement; |