Amendment
Bill No. CS/CS/SB 2848
Amendment No. 966259
CHAMBER ACTION
Senate House
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1Representative 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,
6as defined in s. 121.4501(2)(j), of the Public Employee Optional
7Retirement Program created in part II, subject to the following
8conditions:
9     1.  Such retirees may not be reemployed with an employer
10participating in the Florida Retirement System as provided in
11paragraph (b) until such person has been retired for 3 calendar
12months, unless the participant has reached the normal retirement
13requirements of the defined benefit plan as provided in s.
14121.021(29).
15     2.  Such retiree employed in violation of this subsection
16and any employing agency that knowingly employs or appoints such
17person shall be jointly and severally liable for reimbursement
18of any benefits paid to the retirement trust fund from which the
19benefits were paid, including the Retirement System Trust Fund
20and the Public Employee Optional Retirement Program Trust Fund,
21as appropriate. To avoid liability, such employing agency must
22have a written statement from the retiree that he or she is not
23retired from a state-administered retirement system.
24     (d)1.  For purposes of this paragraph, the term "member"
25means a person who:
26     a.  Retired from employment with an employer;
27     b.  Was a member of the Senior Management Service Class or
28was a member of the Special Risk Class and held the rank or
29equivalent rank of captain or above, upon retirement or at the
30end of DROP participation; and
31     c.  Was reemployed during months 2 through 12 by the same
32employer from which the member retired.
33     2.  For the period July 1, 2005, to June 30, 2008, any
34employer who reemployed a member in months 2 through 12 of
35retirement must certify to the Governor, the President of the
36Senate, and the Speaker of the House of Representatives the
37following information on each reemployed member no later than
38October 1, 2008:
39     a.  The date the member notified the employer that he or
40she intended to retire or enter DROP.
41     b.  The date the member provided as his or her date for
42retirement or DROP participation dates.
43     c.  How much time the employer had to plan for that
44member's upcoming retirement and to recruit and train a person
45to take over the member's job responsibilities prior to that
46member's retirement date.
47     d.  Why the employer failed to plan for that member's
48upcoming retirement and to recruit and train another person to
49take over the member's job responsibilities prior to that
50member's retirement date.
51     3.  On or after July 1, 2008, any employer who reemploys a
52member in months 2 through 12 of retirement must certify to the
53Governor, the President of the Senate, and the Speaker of the
54House of Representatives the following information on each
55reemployed member within 30 days of reemployment:
56     a.  The date the member notified the employer that he or
57she intended to retire or enter DROP.
58     b.  The date the member provided as his or her date for
59retirement or DROP participation dates.
60     c.  How much time the employer had to plan for that
61member's upcoming retirement and to recruit and train a person
62to take over the member's job responsibilities prior to that
63member's retirement date.
64     d.  Why the employer failed to plan for that member's
65upcoming retirement and to recruit and train another person to
66take over the member's job responsibilities prior to that
67member's retirement date.
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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),
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74
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T I T L E  A M E N D M E N T
77     Between lines 34 and 35, insert:
78defining the term "member" for purposes of reporting to the
79Governor, the President of the Senate, and the Speaker of the
80House of Representatives those members who have been reemployed
81after retirement; requiring employers to certify to the
82Governor, the President of the Senate, and the Speaker of the
83House of Representatives information regarding those employers
84who reemployed members during months 2 through 12 of retirement;


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