CS for CS for SB 2848 First Engrossed

20082848e1

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A bill to be entitled

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An act relating to retirement; amending s. 121.021, F.S.;

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redefining the terms "employer," "officer or employee,"

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"past service," "compensation," "normal retirement date,"

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"regularly established position," and temporary position";

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defining the terms "state board" and "trustees"; amending

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s. 121.031, F.S.; requiring promotional materials that

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refer to the Florida Retirement System to include a

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disclaimer unless approval is obtained from the Department

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of Management Services; amending s. 121.051, F.S.;

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conforming a cross-reference; revising provisions relating

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to participation in the system; requiring that a person

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appointed to a faculty position at a state university

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having a faculty practice plan participate in the optional

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retirement program of the State University System rather

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than the Florida Retirement System; providing definitions;

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excluding the participation of entities under a lease

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agreement; excluding the participation of prisoners and

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inmates in the system; amending s. 121.052, F.S.; changing

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the dates for when a governing body of a municipality or

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special district may elect to designate its elected

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positions for inclusion in the Elected Officers' Class;

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amending s. 121.071, F.S.; expanding the mechanisms for

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employees to pay contributions to the system; amending s.

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121.081, F.S.; revising provisions relating to receiving

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credit for past or prior service; prohibiting a member

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from receiving credit for service covered and reported by

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both a public employer and a private employer; amending s.

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121.091, F.S.; revising provisions relating to retirement

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benefits; deleting a restriction on the reemployment of

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certain personnel by the Florida School for the Deaf and

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the Blind; extending the period of time that instructional

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personnel employed by a developmental research school may

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participate in the Deferred Retirement Option Program;

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clarifying that DROP participation cannot be cancelled;

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providing for the suspension of DROP benefits to a

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participant who is reemployed; deleting obsolete

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provisions; authorizing the Division of Retirement to

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issue benefits pursuant to a qualified domestic relations

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order directly to the alternate payee; amending s.

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121.1115, F.S.; revising provisions relating to receiving

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retirement credit for out-of-state service; providing that

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a member is not eligible for and may not receive a benefit

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based on that service; amending s. 121.1122, F.S.;

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revising provisions relating to receiving retirement

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credit for in-state service; providing that a member may

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not be eligible for or receiving a benefit based on

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service; amending s. 121.136, F.S.; revising provisions

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relating to the annual statement of benefits provided to

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certain active members of the Florida Retirement System;

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amending s. 121.1905, F.S.; deleting provision describing

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the mission of the Division of Retirement; amending s.

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121.23, F.S.; requiring the State Retirement Commission to

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meet the same requirements used by the Secretary of

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Management Services before approving a disability

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retirement benefit; amending s. 121.24, F.S.; requiring a

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quorum of three members for all appeal hearings held by

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the State Retirement Commission; amending s. 1012.33,

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F.S.; deleting the provision preventing persons who have

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retired from the public school system from renewing

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membership in the Florida Retirement System upon

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reemployment by the school system; amending s. 121.35,

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F.S.; requiring the participating employee in the optional

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retirement program to execute a contract, not just an

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annuity contract, with a designated company in order for

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employee contributions to be forwarded to the company and

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for interest to accrue; defining the term "participant's

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gross monthly compensation" for purposes of the optional

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retirement program for the State University System;

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creating s. 121.355, F.S.; authorizing certain former

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participants in the Community College Optional Retirement

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Program or the State University System Optional Retirement

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Program and present mandatory participants in the Florida

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Retirement System to receive a specified amount of service

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credit under certain conditions; providing a specified

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time period for the election of such transfer; limiting

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certain service credit; repealing s. 121.093, F.S.,

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relating to instructional personnel reemployment after

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retirement from the developmental research school or the

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Florida School for the Deaf and the Blind; repealing s.

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121.094, F.S., relating to instructional personnel

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reemployment after retirement from a charter school;

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repealing s. 121.45, F.S., relating to interstate compacts

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relating to pension portability; providing a declaration

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of important state interest; 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.  Subsections (10), (11), (18), paragraph (b) of

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subsection (22), and subsections (29), (52), and (53) of section

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121.021, Florida Statutes, are amended, and subsections (63) and

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(64) are added to that section, to read:

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     121.021  Definitions.--The following words and phrases as

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used in this chapter have the respective meanings set forth

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unless a different meaning is plainly required by the context:

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     (10)  "Employer" means any agency, branch, department,

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institution, university, institution of higher education, or

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board of the state, or any county agency, branch, department,

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board, district school board, or special district of the state,

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or any city of the state which participates in the system for the

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benefit of certain of its employees, or a charter school or

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charter technical career center that participates as provided in

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s. 121.051(2)(d). Employers are not agents of the department, the

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state board, or the Division of Retirement, and the department,

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the state board, and the division are not responsible for

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erroneous information provided by representatives of employers.

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     (11)  "Officer or employee" means any person receiving

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salary payments for work performed in a regularly established

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position and, if employed by a city, a metropolitan planning

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organization, or a special district, employed in a covered group.

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The term does not apply to:

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     (a) State employees covered by a leasing agreement under s.

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110.191, other public employees covered by a leasing agreement,

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or to a co-employer relationship.

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     (b) A person who is an inmate or prisoner at the time the

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work is performed.

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     (18)  "Past service" of any member, as provided in s.

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121.081(1), means the number of years and complete months and any

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fractional part of a month, recognized and credited by an

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employer and approved by the administrator, during which the

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member was in the active employ of a governmental an employer and

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for which the employee is not entitled to a benefit prior to his

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or her date of participation.

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     (22)  "Compensation" means the monthly salary paid a member

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by his or her employer for work performed arising from that

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employment.

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     (b) Under no circumstances shall compensation for a member

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participating in the defined benefit retirement program or the

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Public Employee Optional Retirement Program of the Florida

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Retirement System include:

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     1.  Fees paid professional persons for special or particular

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services or include salary payments made from a faculty practice

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plan authorized by the Board of Governors of the State University

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System for eligible clinical faculty at a college in a state

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university that has with a faculty practice plan; or

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     2. Any Bonuses or other payments prohibited from inclusion

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in the member's average final compensation and defined in

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subsection (47); or.

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     3. Payment for work given to a person who is an inmate or

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prisoner at the time the work is performed.

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     (29) "Normal retirement date" means the first day of any

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month following the date a member attains normal retirement age

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and is vested, which is determined as follows one of the

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following statuses:

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     (a) If a Regular Class member, the member:

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     1. The first day of the month the member completes 6 or

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more years of creditable service and attains age 62; or

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     2. The first day of the month following the date the member

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completes 30 years of creditable service, regardless of age,

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which may include a maximum of 4 years of military service credit

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as long as such credit is not claimed under any other system.

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     (b) If a Special Risk Class member, the member:

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     1. The first day of the month the member completes 6 or

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more years of creditable service in the Special Risk Class and

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attains age 55;

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     2. The first day of the month following the date the member

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completes 25 years of creditable service in the Special Risk

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Class, regardless of age; or

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     3. The first day of the month following the date the member

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completes 25 years of creditable service and attains age 52,

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which service may include a maximum of 4 years of military

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service credit as long as such credit is not claimed under any

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other system and the remaining years are in the Special Risk

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Class.

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     (c) If a Senior Management Service Class member, the

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member:

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     1. The first day of the month the member completes 6 years

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of creditable service in the Senior Management Service Class and

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attains age 62; or

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     2. The first day of the month following the date the member

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completes 30 years of any creditable service, regardless of age,

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which may include a maximum of 4 years of military service credit

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as long as such credit is not claimed under any other system.

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     (d) If an Elected Officers' Class member, the member:

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     1. The first day of the month the member completes 6 years

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of creditable service in the Elected Officers' Class and attains

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age 62; or

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     2. The first day of the month following the date the member

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completes 30 years of any creditable service, regardless of age,

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which may include a maximum of 4 years of military service credit

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as long as such credit is not claimed under any other system.

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"Normal retirement age" is attained on the "normal retirement

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date."

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     (52)  "Regularly established position" is defined as

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follows:

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     (a) With respect to employment for In a state employer

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agency, the term means a position that which is authorized and

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established pursuant to law and is compensated from a salaries

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appropriation pursuant to s. 216.011(1)(dd), or an established

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position which is authorized pursuant to s. 216.262(1)(a) and (b)

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and is compensated from a salaries account as provided by rule.

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     (b) With respect to employment for In a local employer

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agency (district school board, county agency, community college,

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city, metropolitan planning organization, or special district),

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the term means a regularly established position that which will

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be in existence for a period beyond 6 consecutive months, except

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as provided by rule.

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     (53)  "Temporary position" is defined as follows:

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     (a) With respect to employment for In a state employer

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agency, the term means an employment position that which is

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compensated from an other personal services (OPS) account, as

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provided for in s. 216.011(1)(dd).

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     (b) With respect to employment for In a local employer

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agency, the term means an employment position that which will

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exist for less than 6 consecutive months, or other employment

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position as determined by rule of the division, regardless of

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whether it will exist for 6 consecutive months or longer.

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     (63) "State board" or "board" means the State Board of

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Administration.

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     (64) "Trustees" means the Board of Trustees of the State

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Board of Administration.

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     Section 2.  Subsection (6) is added to section 121.031,

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Florida Statutes, to read:

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     121.031  Administration of system; appropriation; oaths;

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actuarial studies; public records.--

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     (6) Unless prior written approval is obtained from the

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department or state board, any promotional materials or

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advertisements that, directly or indirectly, refer to the Florida

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Retirement System or the FRS, must contain a disclaimer that the

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information is not approved or endorsed by the Florida Retirement

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System.

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     Section 3.  Paragraph (a) of subsection (1) and paragraph

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(f) of subsection (2) of section 121.051, Florida Statutes, are

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amended, and subsection (10) is added to that section, to read:

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     121.051  Participation in the system.--

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     (1)  COMPULSORY PARTICIPATION.--

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     (a) The provisions of this law are shall be compulsory as

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to all officers and employees, except elected officers who meet

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the requirements of s. 121.052(3), who are employed on or after

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December 1, 1970, by of an employer other than those referred to

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in paragraph (2)(b), and each officer or employee, as a condition

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of employment, shall become a member of the system as of his or

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her date of employment, except that a person who is retired from

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any state retirement system and is reemployed on or after

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December 1, 1970, may shall not be permitted to renew his or her

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membership in any state retirement system except as provided in

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s. 121.091(4)(h) for a person who recovers from disability, and

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as provided in s. 121.091(9)(b)10. s. 121.091(9)(b)8. for a

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person who is elected to public office, and, effective July 1,

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1991, as provided in s. 121.122 for all other retirees. Officers

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and employees of the University Athletic Association, Inc., a

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nonprofit association connected with the University of Florida,

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employed on and after July 1, 1979, may shall not participate in

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any state-supported retirement system. Any person appointed on or

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after July 1, 1989, to a faculty position in a college at the J.

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Hillis Miller Health Center at the University of Florida or the

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Medical Center at the University of South Florida which has a

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faculty practice plan adopted provided by rule may adopted by the

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any state-supported retirement system.

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     1.a. Any person appointed on or after July 1, 1989, to a

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faculty position in a college at the J. Hillis Miller Health

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Center at the University of Florida or the Medical Center at the

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University of South Florida which has a faculty practice plan

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adopted provided by rule may adopted by the Board of Regents

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shall not participate in the Florida Retirement System. Effective

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July 1, 2008, any person appointed thereafter to a faculty

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position, including clinical faculty, in a college at a state

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university that has a faculty practice plan authorized by the

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Board of Governors may not participate in the Florida Retirement

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System. A faculty member so appointed shall participate in the

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optional retirement program for the State University System on

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the basis of his or her state-funded compensation,

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notwithstanding the provisions of s. 121.35(2)(a).

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     b. For purposes of this subparagraph, the term "faculty

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position" is defined as a position assigned the principal

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responsibility of teaching, research, or public service

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activities or administrative responsibility directly related to

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the academic mission of the college. The term "clinical faculty"

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is defined as a faculty position appointment in conjunction with

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a professional position in a hospital or other clinical

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environment at a college. The term "faculty practice plan"

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includes professional services to patients, institutions, or

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other parties which are rendered by the clinical faculty employed

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by a college that has a faculty practice plan at a state

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university authorized by the Board of Governors.

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     (2)  OPTIONAL PARTICIPATION.--

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     (f)1. If Whenever an employer that participates in the

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Florida Retirement System undertakes the transfer, merger, or

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consolidation of governmental services or assumes the functions

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or activities of an employing governmental entity that was not an

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employer under the system, the employer must notify the

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department at least 60 days prior to such action and shall

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provide documentation as required by the department. The

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transfer, merger, or consolidation of governmental services or

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assumption of governmental functions and activities must occur

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between public employers. The current or former employer may pay

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the employees' past service cost unless prohibited under this

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chapter. This paragraph does not apply to the transfer, merger,

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or consolidation of governmental services or assumption of

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functions and activities of a public entity under a leasing

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agreement having a co-employer relationship. Employers and

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employees of a public governmental employer whose service is

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covered by a leasing agreement under s. 110.191, other leasing

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agreement, or a co-employer relationship are not eligible to

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participate in the Florida Retirement System.

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     2. If When the agency to which a member's employing unit is

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transferred, merged, or consolidated does not participate in the

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Florida Retirement System, a member may shall elect in writing to

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remain in the Florida Retirement System or to transfer to the

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local retirement system operated by the such agency. If such

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agency does not participate in a local retirement system, the

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member shall continue membership in the Florida Retirement

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System. In either case, the membership continues shall continue

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for as long as the member is employed by the agency to which his

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or her unit was transferred, merged, or consolidated.

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     (10) PROHIBITED PARTICIPATION.--A person who is an inmate

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or prisoner at the time the work is performed is prohibited from

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participating in, or receiving benefits from, any part of the

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Florida Retirement System based on such work.

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     Section 4.  Paragraph (e) of subsection (3) of section

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121.052, Florida Statutes, is amended to read:

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     121.052  Membership class of elected officers.--

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     (3)  PARTICIPATION AND WITHDRAWAL, GENERALLY.--Effective

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July 1, 1990, participation in the Elected Officers' Class shall

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be compulsory for elected officers listed in paragraphs (2)(a)-

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(d) and (f) assuming office on or after said date, unless the

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elected officer elects membership in another class or withdraws

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from the Florida Retirement System as provided in paragraphs

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(3)(a)-(d):

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     (e) Effective July 1, 2008 July 1, 2001, the governing body

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of a municipality or special district may, by majority vote,

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elect to designate all its elected positions for inclusion in the

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Elected Officers' Class. Such election shall be made between July

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1, 2008, and December 31, 2008 July 1, 2001, and December 31,

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2001, and shall be irrevocable. The designation of such positions

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shall be effective the first day of the month following receipt

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by the department of the ordinance or resolution passed by the

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governing body.

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     Section 5.  Paragraph (a) of subsection (6) of section

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121.071, Florida Statutes, is amended to read:

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     121.071  Contributions.--Contributions to the system shall

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be made as follows:

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     (6)(a)  Required employee contributions for all service

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other than current service, including, but not limited to, prior

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service, past service, military service, leave-of-absence

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service, out-of-state service, and certain non-Florida Retirement

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System in-state service, shall be paid by cash, personal check,

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cashier's check, or money order, or a direct rollover or transfer

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from a qualified plan as provided under the Internal Revenue

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Code. The payment must only; shall be accompanied by a statement

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identifying the service for which payment is made,; and shall be

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made in a lump sum for the total amount due or in annual payments

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of not less than $100, except for the final payment if less than

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$100, unless another method of payment is authorized by law or

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rule.

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     Section 6.  Paragraphs (f) and (h) of subsection (1) of

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section 121.081, Florida Statutes, are amended to read:

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     121.081  Past service; prior service;

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contributions.--Conditions under which past service or prior

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service may be claimed and credited are:

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     (1)

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     (f) If When any person, either prior to this act or

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hereafter, becomes entitled to and participates does participate

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in one of the retirement systems under consolidated within or

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created by this chapter through the consolidation or merger of

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governments or the transfer of functions between units of

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government, either at the state or local level or between state

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and local units, or through the assumption of functions or

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activities by a state or local unit from an employing

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governmental entity that which was not an employer under the

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system, and such person becomes a member of the Florida

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Retirement System, such person is shall be entitled to receive

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past-service credit as defined in s. 121.021(18) for the time the

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such person performed services for, and was an employee of, such

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state or local unit or other governmental employing entity prior

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to the transfer, merger, consolidation, or assumption of

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functions and activities. Past-service credit allowed by this

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paragraph is shall also be available to any person who becomes a

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member of an existing system, as defined in s. 121.021(2), prior

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to December 1, 1970, through the transfer, merger, consolidation,

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or assumption of functions and activities set forth in this

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paragraph and who subsequently becomes a member of the Florida

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Retirement System. However, credit for the past service may not

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be granted until contributions are made in the manner provided in

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this subsection. If a person rejected Florida Retirement System

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membership at the time of the transfer, merger, or consolidation,

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or assumption the required contributions shall be at total

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actuarial cost as specified in paragraph (e). Such contributions

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or accrued interest may not be paid from any public state funds.

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     (h)  The following provisions apply to the purchase of past

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service:

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     1.  Notwithstanding any of the provisions of this

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subsection, past-service credit may not be purchased under this

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chapter for any service that is used to obtain a pension or

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benefit from a any local retirement system. Eligibility to

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receive or the receipt of contributions to a retirement plan made

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by the employer on behalf of the employee is considered a

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benefit.

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     2.  A member may not receive past service credit under

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paragraphs (a), (b), (e), or (f) for any leaves of absence

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without pay, except that credit for active military service

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leaves of absence may be claimed under paragraphs (a), (b), and

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(f), in accordance with s. 121.111(1).

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     3. A member may not receive past service credit for co-

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employer service. Co-employer service or a co-employer

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relationship is employment in a single position simultaneously

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covered and reported by both a public employer and a private

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employer.

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     4.3. If a member does not want desire to receive credit for

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all of his or her past service, the period the member claims must

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be the most recent past service prior to his or her participation

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in the Florida Retirement System.

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     5.4. The cost of past service purchased by an employing

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agency for its employees may be amortized over the such period of

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time as is provided in the agreement, but not to exceed 15 years,

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calculated in accordance with rule 60S-1.007(5)(f), Florida

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Administrative Code.

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     6.5. The retirement account of each member for whom past

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service is being provided by his or her employer shall be

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credited with all past service the employer agrees to purchase as

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soon as the agreement between the employer and the department is

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executed. Pursuant thereto:

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     a. Each such member's account shall also be posted with the

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total contribution his or her employer agrees to make on in the

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member's behalf for past service earned prior to October 1, 1975,

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excluding those contributions representing the employer's

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matching share and the compound interest calculation on the total

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contribution. However, a portion of any contributions paid by an

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employer for past service credit earned on and after October 1,

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1975, may not be posted to the a member's account.

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     b.  A refund of contributions payable after an employer has

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made a written agreement to purchase past service for employees

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of the covered group includes shall include contributions for

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past service which are posted to a member's account. However,

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contributions for past service earned on and after October 1,

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1975, are not refundable.

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     Section 7.  Paragraph (b) of subsection (9), paragraphs (a),

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(b), and (c) of subsection (13), and paragraphs (b) through (f)

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of subsection (14) of section 121.091, Florida Statutes, are

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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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     (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--

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     (b)1.  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 reemployed by any private or public employer after retirement

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and receive retirement benefits and compensation from the his or

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her employer without limitation any limitations, except that the

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a person may not receive both a salary from reemployment with any

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agency participating in the Florida Retirement System and

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retirement benefits under this chapter for a period of 12 months

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immediately after subsequent to the date of retirement. However,

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a DROP participant may shall continue employment and receive a

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salary during the period of participation in DROP the Deferred

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Retirement Option Program, as provided in subsection (13).

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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 for 1 calendar

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month but before completion of the 12-month limitation period

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must shall give timely notice of this fact in writing to the

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employer and to the Division of Retirement and shall have his or

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her retirement benefits suspended while employed during for the

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balance of the 12-month limitation period unless the person

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exceeds the 780-hour limitation in subparagraph 4., subparagraph

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5., or subparagraph 11. Any person employed in violation of this

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paragraph and any employing agency that which knowingly employs

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or appoints such person without notifying the division of

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Retirement to suspend retirement benefits are shall be jointly

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and severally liable for reimbursement to the retirement trust

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fund of any benefits paid during the reemployment limitation

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period. To avoid liability, the such employing agency must shall

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

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retired from a state-administered retirement system. Any

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retirement benefits received while reemployed during this

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reemployment limitation period must shall be repaid to the

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Florida Retirement System Trust Fund, and retirement benefits

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shall remain suspended until such repayment has been made.

481

Benefits suspended beyond the reemployment limitation shall apply

482

toward repayment of benefits received in violation of the

483

reemployment limitation.

484

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

485

a substitute or hourly teacher, education paraprofessional,

486

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

487

noncontractual basis after he or she has been retired for 1

488

calendar month, in accordance with s. 121.021(39). A district

489

school board may reemploy a retired member as instructional

490

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

491

contractual basis after he or she has been retired for 1 calendar

492

month, in accordance with s. 121.021(39). Any other retired

493

member who is reemployed within 1 calendar month after retirement

494

voids shall void his or her application for retirement benefits.

495

District school boards reemploying such teachers, education

496

paraprofessionals, transportation assistants, bus drivers, or

497

food service workers are subject to the retirement contribution

498

required by subparagraph 9. 7.

499

     4.  A community college board of trustees may reemploy a

500

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

501

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

502

phased retirement program within the Florida Community College

503

System, after he or she has been retired for 1 calendar month, in

504

accordance with s. 121.021(39). Any retired member who is

505

reemployed within 1 calendar month after retirement voids shall

506

void his or her application for retirement benefits. Boards of

507

trustees reemploying such instructors are subject to the

508

retirement contribution required in subparagraph 7. A retired

509

member may be reemployed as an adjunct instructor for no more

510

than 780 hours during the first 12 months of retirement. Any

511

retired member reemployed for more than 780 hours during the

512

first 12 months of retirement must shall give timely notice in

513

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

514

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

515

suspend his or her retirement benefits for the remainder of the

516

first 12 months of retirement. Any person employed in violation

517

of this subparagraph and any employing agency that which

518

knowingly employs or appoints such person without notifying the

519

division of Retirement to suspend retirement benefits are shall

520

be jointly and severally liable for reimbursement to the

521

retirement trust fund of any benefits paid during the

522

reemployment limitation period. To avoid liability, the such

523

employing agency must shall have a written statement from the

524

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

525

retirement system. Any retirement benefits received by a retired

526

member while reemployed in excess of 780 hours during the first

527

12 months of retirement must shall be repaid to the Florida

528

Retirement System Trust Fund, and retirement benefits shall

529

remain suspended until repayment is made. Benefits suspended

530

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

531

retirement shall apply toward repayment of benefits received in

532

violation of the 780-hour reemployment limitation.

533

     5.  The State University System may reemploy a retired

534

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

535

phased retirement program within the State University System

536

after the retired member has been retired for 1 calendar month,

537

in accordance with s. 121.021(39). A Any retired member who is

538

reemployed within 1 calendar month after retirement voids shall

539

void his or her application for retirement benefits. The State

540

University System is subject to the retired contribution required

541

in subparagraph 9. 7., as appropriate. A retired member may be

542

reemployed as an adjunct faculty member or a participant in a

543

phased retirement program for no more than 780 hours during the

544

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

545

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

546

retirement must shall give timely notice in writing to the

547

employer and to the Division of Retirement of the date he or she

548

will exceed the limitation. The division shall suspend his or her

549

retirement benefits for the remainder of the first 12 months of

550

retirement. Any person employed in violation of this subparagraph

551

and any employing agency that which knowingly employs or appoints

552

such person without notifying the division of Retirement to

553

suspend retirement benefits are shall be jointly and severally

554

liable for reimbursement to the retirement trust fund of any

555

benefits paid during the reemployment limitation period. To avoid

556

liability, such employing agency must shall have a written

557

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

558

state-administered retirement system. Any retirement benefits

559

received by a retired member while reemployed in excess of 780

560

hours during the first 12 months of retirement must shall be

561

repaid to the Florida Retirement System Trust Fund, and

562

retirement benefits shall remain suspended until repayment is

563

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

564

first 12 months of retirement shall apply toward repayment of

565

benefits received in violation of the 780-hour reemployment

566

limitation.

567

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

568

and the Blind may reemploy a retired member as a substitute

569

teacher, substitute residential instructor, or substitute nurse

570

on a noncontractual basis after he or she has been retired for 1

571

calendar month, in accordance with s. 121.021(39). The Board of

572

Trustees of the Florida School for the Deaf and the Blind may

573

reemploy a retired member as instructional personnel, as defined

574

in s. 1012.01(2)(a), on an annual contractual basis after he or

575

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

576

121.021(39). Any retired member who is reemployed within 1

577

calendar month after retirement voids shall void his or her

578

application for retirement benefits. The Board of Trustees of the

579

Florida School for the Deaf and the Blind reemploying such

580

teachers, residential instructors, or nurses is subject to the

581

retirement contribution required by subparagraph 9. 7.

582

Reemployment of a retired member as a substitute teacher,

583

substitute residential instructor, or substitute nurse is limited

584

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

585

Any retired member reemployed for more than 780 hours during the

586

first 12 months of retirement shall give timely notice in writing

587

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

588

exceed the limitation. The division shall suspend his or her

589

retirement benefits for the remainder of the first 12 months of

590

retirement. Any person employed in violation of this subparagraph

591

and any employing agency which knowingly employs or appoints such

592

person without notifying the Division of Retirement to suspend

593

retirement benefits shall be jointly and severally liable for

594

reimbursement to the retirement trust fund of any benefits paid

595

during the reemployment limitation period. To avoid liability,

596

such employing agency shall have a written statement from the

597

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

598

retirement system. Any retirement benefits received by a retired

599

member while reemployed in excess of 780 hours during the first

600

12 months of retirement shall be repaid to the Retirement System

601

Trust Fund, and his or her retirement benefits shall remain

602

suspended until payment is made. Benefits suspended beyond the

603

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

604

apply toward repayment of benefits received in violation of the

605

780-hour reemployment limitation.

606

     7. A developmental research school may reemploy a retired

607

member as a substitute or hourly teacher or an education

608

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

609

basis after he or she has been retired for 1 calendar month, in

610

accordance with s. 121.021(39). A developmental research school

611

may reemploy a retired member as instructional personnel, as

612

defined in s. 1012.01(2)(a), on an annual contractual basis after

613

he or she has been retired for 1 calendar month, in accordance

614

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

615

within 1 calendar month after retirement voids his or her

616

application for retirement benefits. A developmental research

617

school that reemploys retired teachers and education

618

paraprofessionals are subject to the retirement contribution

619

required by subparagraph 9.

620

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

621

substitute or hourly teacher on a noncontractual basis after he

622

or she has been retired for 1 calendar month, in accordance with

623

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

624

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

625

annual contractual basis after he or she has been retired for 1

626

calendar month, in accordance with s. 121.021(39). Any other

627

retired member who is reemployed within 1 calendar month after

628

retirement voids his or her application for retirement benefits.

629

A charter school that reemploys such teachers is subject to the

630

retirement contribution required by subparagraph 9.

631

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

632

participant of a any state-administered retirement system does

633

not affect shall have no effect on the average final compensation

634

or years of creditable service of the retiree or DROP

635

participant. Prior to July 1, 1991, upon employment of any

636

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

637

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

638

program, the employer shall pay retirement contributions in an

639

amount equal to the unfunded actuarial liability portion of the

640

employer contribution which would be required for regular members

641

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

642

contributions shall be made as provided in s. 121.122 for

643

retirees who have with renewed membership or, as provided in

644

subsection (13), for with respect to DROP participants.

645

     10.8. Any person who has previously retired and who is

646

holding an elective public office or an appointment to an

647

elective public office eligible for the Elected Officers' Class

648

on or after July 1, 1990, shall be enrolled in the Florida

649

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

650

an elective public office that does not qualify for the Elected

651

Officers' Class on or after July 1, 1991, shall be enrolled in

652

the Florida Retirement System as provided in s. 121.122, and

653

shall continue to receive retirement benefits as well as

654

compensation for the elected officer's service for as long as he

655

or she remains in elective office. However, any retired member

656

who served in an elective office prior to July 1, 1990, suspended

657

his or her retirement benefit, and had his or her Florida

658

Retirement System membership reinstated shall, upon retirement

659

from such office, have his or her retirement benefit recalculated

660

to include the additional service and compensation earned.

661

     11.9. Any person who is holding an elective public office

662

which is covered by the Florida Retirement System and who is

663

concurrently employed in nonelected covered employment may elect

664

to retire while continuing employment in the elective public

665

office, if provided that he or she terminates shall be required

666

to terminate his or her nonelected covered employment. Any person

667

who exercises this election shall receive his or her retirement

668

benefits in addition to the compensation of the elective office

669

without regard to the time limitations otherwise provided in this

670

subsection. A No person who seeks to exercise the provisions of

671

this subparagraph, as they the same existed prior to May 3, 1984,

672

may not shall be deemed to be retired under those provisions,

673

unless such person is eligible to retire under the provisions of

674

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

675

     10. The limitations of this paragraph apply to reemployment

676

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

677

irrespective of the category of funds from which the person is

678

compensated.

679

     12.11. An employing agency may reemploy a retired member as

680

a firefighter or paramedic after the retired member has been

681

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

682

Any retired member who is reemployed within 1 calendar month

683

after retirement voids shall void his or her application for

684

retirement benefits. The employing agency reemploying such

685

firefighter or paramedic is subject to the retired contribution

686

required in subparagraph 9. 8. Reemployment of a retired

687

firefighter or paramedic is limited to no more than 780 hours

688

during the first 12 months of his or her retirement. Any retired

689

member reemployed for more than 780 hours during the first 12

690

months of retirement must shall give timely notice in writing to

691

the employer and to the Division of Retirement of the date he or

692

she will exceed the limitation. The division shall suspend his or

693

her retirement benefits for the remainder of the first 12 months

694

of retirement. Any person employed in violation of this

695

subparagraph and any employing agency that which knowingly

696

employs or appoints such person without notifying the division of

697

Retirement to suspend retirement benefits shall be jointly and

698

severally liable for reimbursement to the Retirement System Trust

699

Fund of any benefits paid during the reemployment limitation

700

period. To avoid liability, such employing agency must shall have

701

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

702

retired from a state-administered retirement system. Any

703

retirement benefits received by a retired member while reemployed

704

in excess of 780 hours during the first 12 months of retirement

705

must shall be repaid to the Florida Retirement System Trust Fund,

706

and retirement benefits shall remain suspended until repayment is

707

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

708

first 12 months of retirement shall apply toward repayment of

709

benefits received in violation of the 780-hour reemployment

710

limitation.

711

     13. The limitations of this paragraph apply to reemployment

712

in any capacity with an employer, as defined in s. 121.021,

713

irrespective of the category of funds from which the person is

714

compensated.

715

     14. The reemployment after retirement provisions of this

716

paragraph apply to DROP participants effective upon termination

717

from employment and the end of DROP participation.

718

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

719

subject to the provisions of this section, the Deferred

720

Retirement Option Program, hereinafter referred to as the DROP,

721

is a program under which an eligible member of the Florida

722

Retirement System may elect to participate, deferring receipt of

723

retirement benefits while continuing employment with his or her

724

Florida Retirement System employer. The deferred monthly benefits

725

shall accrue in the System Trust Fund on behalf of the

726

participant, plus interest compounded monthly, for the specified

727

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

728

Upon termination of employment, the participant shall receive the

729

total DROP benefits and begin to receive the previously

730

determined normal retirement benefits. Participation in the DROP

731

does not guarantee employment for the specified period of DROP.

732

Participation in the DROP by an eligible member beyond the

733

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

734

on an annual contractual basis for all participants.

735

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

736

active Florida Retirement System members in a regularly

737

established position, and all active members of either the

738

Teachers' Retirement System established in chapter 238 or the

739

State and County Officers' and Employees' Retirement System

740

established in chapter 122, which systems are consolidated within

741

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

742

elect participation in the DROP if provided that:

743

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

744

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

745

Community College System Optional Retirement Program under s.

746

121.051, the Senior Management Service Optional Annuity Program

747

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

748

State University System under s. 121.35.

749

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

750

participate is made within 12 months immediately following the

751

date on which the member first reaches normal retirement date,

752

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

753

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

754

Risk Class members, election to participate may be deferred to

755

the 12 months immediately following the date the member attains

756

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

757

first reached normal retirement date or the deferred eligibility

758

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

759

election to participate shall be made within 12 months after the

760

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

761

election within the such 12-month limitation period forfeits

762

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

763

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

764

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

765

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

766

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

767

members who are instructional personnel employed by the Florida

768

School for the Deaf and the Blind and who have received

769

authorization by the Board of Trustees of the Florida School for

770

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

771

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

772

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

773

authorization by the district school superintendent to

774

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

775

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

776

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

777

month or, with respect to members who are instructional personnel

778

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

779

have received authorization by the Board of Trustees of the

780

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

781

DROP beyond 60 months, or who are instructional personnel as

782

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

783

received authorization by the district school superintendent to

784

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

785

participation period, the member may elect to include or exclude

786

any optional service credit purchased by the member from the

787

total service used to establish the normal retirement date. A

788

member who has with dual normal retirement dates is shall be

789

eligible to elect to participate in DROP within 12 months after

790

attaining normal retirement date in either class.

791

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

792

DROP, or employers if dually employed, shall acknowledge in

793

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

794

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

795

participation will terminate.

796

     4.  Simultaneous employment of a participant by additional

797

Florida Retirement System employers subsequent to the

798

commencement of participation in the DROP is shall be permissible

799

if provided such employers acknowledge in writing a DROP

800

termination date no later than the participant's existing

801

termination date or the maximum participation 60-month limitation

802

period as provided in subparagraph (b)1.

803

     5.  A DROP participant may change employers while

804

participating in the DROP, subject to the following:

805

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

806

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

807

continuous DROP participation. If a member receives no salary

808

during a month, DROP participation shall cease unless the

809

employer verifies a continuation of the employment relationship

810

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

811

     b.  Such participant and new employer shall notify the

812

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

813

the division as to the identity of the new employer.

814

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

815

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

816

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

817

to members who are instructional personnel employed by the

818

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

819

authorization by the Board of Trustees of the Florida School for

820

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

821

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

822

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

823

authorization by the district school superintendent to

824

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

825

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

826

any additional retirement contributions and interest required if

827

the participant fails to timely terminate employment, and is

828

shall be subject to the adjustment required in sub-subparagraph

829

(c)5.d.

830

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

831

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

832

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

833

first reaches normal retirement date. The member shall advise his

834

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

835

DROP begins the Deferred Retirement Option Program shall begin.

836

When establishing eligibility of the member to participate in the

837

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

838

instructional personnel employed by the Florida School for the

839

Deaf and the Blind and who have received authorization by the

840

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

841

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

842

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

843

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

844

school superintendent to participate in the DROP beyond 60

845

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

846

sub-subparagraph (b)(1)a. subparagraph (b)1., the member may

847

elect to include or exclude any optional service credit purchased

848

by the member from the total service used to establish the normal

849

retirement date. A member who has with dual normal retirement

850

dates is shall be eligible to elect to participate in either

851

class.

852

     (b) Participation in the DROP.--

853

     1.a. Except as provided in sub-subparagraph b., an eligible

854

member may elect to participate in the DROP for a period not to

855

exceed a maximum of 60 calendar months. or, with respect to

856

     b. Members who are instructional personnel employed by the

857

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

858

received authorization by the Board of Trustees of the Florida

859

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

860

beyond 60 months, or who are instructional personnel as defined

861

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

862

received authorization by the district school superintendent to

863

participate in the DROP beyond 60 calendar months, or who are

864

instructional personnel, as defined in s. 1012.01(2), employed by

865

a developmental research school and authorized by the school's

866

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

867

principal, may participate in DROP for up to 36 calendar months

868

beyond the 60-month period specified in sub-subparagraph a. 96

869

calendar months immediately following the date on which the

870

member first reaches his or her normal retirement date or the

871

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

872

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

873

member who has reached normal retirement date prior to the

874

effective date of the DROP shall be eligible to participate in

875

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

876

or, with respect to members who are instructional personnel

877

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

878

have received authorization by the Board of Trustees of the

879

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

880

DROP beyond 60 months, or who are instructional personnel as

881

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

882

received authorization by the district school superintendent to

883

participate in the DROP beyond 60 calendar months, 96 calendar

884

months immediately following the effective date of the DROP,

885

except a member of the Special Risk Class who has reached normal

886

retirement date prior to the effective date of the DROP and whose

887

total accrued value exceeds 75 percent of average final

888

compensation as of his or her effective date of retirement shall

889

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

890

calendar months immediately following the effective date of the

891

DROP.

892

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

893

shall submit, on forms required by the division:

894

     a. A written election to participate in the DROP;

895

     b. Selection of the DROP participation and termination

896

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

897

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

898

binding letter of resignation to with the employer, establishing

899

a deferred termination date. The member may change the

900

termination date within the limitations of subparagraph 1., but

901

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

902

     c.  A properly completed DROP application for service

903

retirement as provided in this section; and

904

     d.  Any other information required by the division.

905

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

906

Florida Retirement System for all purposes, except for paragraph

907

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

908

121.122. DROP participation is final and cannot be cancelled by

909

the participant after the first payment is credited during the

910

DROP participation period. However, participation in the DROP

911

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

912

is such employee shall not be deemed retired from employment

913

until his or her deferred resignation is effective and

914

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

915

     4. Elected officers are shall be eligible to participate in

916

the DROP subject to the following:

917

     a.  An elected officer who reaches normal retirement date

918

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

919

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

920

elected officer who exercises this option may participate in the

921

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

922

the such succeeding term of office, whichever is less.

923

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

924

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

925

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

926

such additional term of office exceeds the 60-month limitation

927

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

928

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

929

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

930

sub-subparagraph (c)5.d.

931

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

932

participate in DROP must shall be required to satisfy the

933

definition of termination within the 60-month participation or,

934

with respect to members who are instructional personnel employed

935

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

936

received authorization by the Board of Trustees of the Florida

937

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

938

beyond 60 months, or who are instructional personnel as defined

939

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

940

authorization by the district school superintendent to

941

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

942

period as provided in subparagraph 1. for the nonelected position

943

and may continue employment as an elected officer as provided in

944

s. 121.053. The elected officer shall will be enrolled as a

945

renewed member in the Elected Officers' Class or the Regular

946

Class, as provided in ss. 121.053 and 121.122, on the first day

947

of the month after termination of employment in the nonelected

948

position and termination of DROP. Distribution of the DROP

949

benefits shall be made as provided in paragraph (c).

950

     (c) Benefits payable under the DROP.--

951

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

952

member's initial normal monthly benefit, including creditable

953

service, optional form of payment, and average final

954

compensation, and the effective date of retirement are shall be

955

fixed. The beneficiary established under the Florida Retirement

956

System shall be the beneficiary eligible to receive any DROP

957

benefits payable if the DROP participant dies prior to the

958

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

959

joint annuitant predeceases the member, the member may name a

960

beneficiary to receive accumulated DROP benefits payable. The

961

Such retirement benefit, the annual cost of living adjustments

962

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

963

Florida Retirement System Trust Fund. The Such interest shall

964

accrue at an effective annual rate of 6.5 percent compounded

965

monthly, on the prior month's accumulated ending balance, up to

966

the month of termination or death.

967

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

968

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

969

accrued annual leave earned in accordance with agency policy upon

970

beginning participation in the DROP. The Such accumulated leave

971

payment certified to the division upon commencement of DROP shall

972

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

973

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

974

upon beginning participation in DROP will not be eligible to

975

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

976

extent the employee has earned additional annual leave which,

977

combined with the original payment, does not exceed the maximum

978

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

979

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

980

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

981

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

982

receive a such lump-sum payment upon termination of DROP and

983

termination of employment with the employer, any accumulated

984

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

985

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

986

law when the employee elected to participate in the DROP.

987

     3.  The effective date of DROP participation and the

988

effective date of retirement of a DROP participant shall be the

989

first day of the month selected by the member to begin

990

participation in the DROP, provided such date is properly

991

established, with the written confirmation of the employer, and

992

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

993

     4. Normal retirement benefits and any interest thereon

994

shall continue to accrue in the DROP until the established

995

termination date of the DROP, or until the participant terminates

996

employment or dies prior to such date. Although individual DROP

997

accounts shall not be established, a separate accounting of each

998

participant's accrued benefits under the DROP shall be calculated

999

and provided to participants.

1000

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

1001

division shall distribute the participant's total accumulated

1002

DROP benefits, subject to the following provisions:

1003

     a.  The division shall receive verification by the

1004

participant's employer or employers that the such participant has

1005

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

1006

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

1007

such participant's named beneficiary, shall elect on forms

1008

provided by the division to receive payment of the DROP benefits

1009

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

1010

participant or beneficiary who fails to elect a method of payment

1011

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

1012

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

1013

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

1014

less withholding taxes remitted to the Internal Revenue Service,

1015

shall be paid to the DROP participant or surviving beneficiary.

1016

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

1017

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

1018

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

1019

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

1020

rollover distribution to the surviving spouse of a deceased

1021

participant, an eligible retirement plan is an individual

1022

retirement account or an individual retirement annuity as

1023

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

1024

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

1025

benefits shall be paid to the DROP participant or surviving

1026

spouse, less withholding taxes remitted to the Internal Revenue

1027

Service, and the remaining DROP benefits shall be transferred

1028

directly to the custodian of an eligible retirement plan as

1029

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

1030

in the case of an eligible rollover distribution to the surviving

1031

spouse of a deceased participant, an eligible retirement plan is

1032

an individual retirement account or an individual retirement

1033

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

1034

Code. The proportions shall be specified by the DROP participant

1035

or surviving beneficiary.

1036

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

1037

surviving beneficiary must comply complies with the minimum

1038

distribution requirements of the Internal Revenue Code.

1039

     d.  A DROP participant who fails to terminate employment as

1040

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

1041

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

1042

Retirement System membership shall be reestablished retroactively

1043

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

1044

with whom the participant continues employment must shall be

1045

required to pay to the Florida Retirement System Trust Fund the

1046

difference between the DROP contributions paid in paragraph (i)

1047

and the contributions required for the applicable Florida

1048

Retirement System class of membership during the period the

1049

member participated in the DROP, plus 6.5 percent interest

1050

compounded annually.

1051

     6. The retirement benefits of any DROP participant who

1052

meets the definition of termination, as provided in s.

1053

121.021(39)(b), but is in violation of the reemployment

1054

provisions as provided in subsection (9), shall be suspended

1055

during those months in which the member is in violation. Any

1056

member employed in violation of this subparagraph and any

1057

employing agency that knowingly employs or appoints such member

1058

without notifying the Division of Retirement to suspend

1059

retirement benefits are jointly and severally liable for any

1060

benefits paid during the reemployment limitation period. To avoid

1061

liability, the employing agency must have a written statement

1062

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

1063

administered retirement system. Any retirement benefits received

1064

by a retired member while employed in violation of the

1065

reemployment limitations during the first 12 months of retirement

1066

must be repaid to the Florida Retirement System Trust Fund, and

1067

his or her retirement benefits shall remain suspended until

1068

payment is made. Benefits suspended beyond the end of the retired

1069

member's first 12 months of retirement shall apply toward

1070

repayment of benefits received in violation of the reemployment

1071

limitations.

1072

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

1073

contributions accumulated under the such program, are shall not

1074

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

1075

process whatsoever, except for qualified domestic relations

1076

orders by a court of competent jurisdiction, income deduction

1077

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

1078

     8.7. DROP participants are shall not be eligible for

1079

disability retirement benefits as provided in subsection (4).

1080

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

1081

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

1082

Florida Retirement System:

1083

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

1084

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

1085

retirement benefits under the Florida Retirement system may also

1086

have the following payments deducted from his or her monthly

1087

benefit:

1088

     1.  Premiums for life and health-related insurance policies

1089

from approved companies.

1090

     2.  Life insurance premiums for the State Group Life

1091

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

1092

department of Management Services.

1093

     3.  Repayment of overpayments from the Florida Retirement

1094

System Trust Fund, the State Employees' Health Insurance Trust

1095

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

1096

notification of the payee.

1097

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

1098

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

1099

or division of marital assets pursuant to a qualified domestic

1100

relations order under s. 222.21 or an income deduction order

1101

under s. 61.1301.

1102

     5.  Payments to the Internal Revenue Service for federal

1103

income tax levies, upon notification of the division by the

1104

Internal Revenue Service.

1105

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

1106

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

1107

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

1108

returned due to an incorrect address. Benefit payments shall be

1109

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

1110

address.

1111

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

1112

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

1113

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

1114

the portion of his or her calculated benefit in the Florida

1115

Retirement System defined benefit plan which exceeds such federal

1116

limitation paid through the Florida Retirement System

1117

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

1118

     (e). The Division of Retirement may issue retirement

1119

benefits payable for division of marital assets pursuant to a

1120

qualified domestic relations order directly to the alternate

1121

payee, any court order to the contrary notwithstanding, in order

1122

to meet Internal Revenue Code requirements.

1123

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

1124

preserving the member's eligibility for a federal program.

1125

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

1126

procedures for determining that the persons to whom benefits are

1127

being paid are still living. The division shall suspend the

1128

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

1129

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

1130

     Section 8.  Section 121.1115, Florida Statutes, is amended

1131

to read:

1132

     121.1115 Purchase of retirement credit for out-of-state or

1133

and federal service.--Effective January 1, 1995, a member of the

1134

Florida Retirement System may purchase creditable service for

1135

periods of public employment in another state and receive

1136

creditable service for such periods of employment. Service with

1137

the Federal Government, including any active military service,

1138

may be claimed. Upon completion of each year of service earned

1139

under the Florida Retirement System, a member may purchase up to

1140

1 year of retirement credit for his or her out-of-state service,

1141

subject to the following provisions:

1142

     (1)  LIMITATIONS AND CONDITIONS.--To receive credit for the

1143

out-of-state service:

1144

     (a) The out-of-state service being claimed must have been:

1145

     1.  Performed in a position of employment with the state or

1146

a political subdivision thereof or with the Federal Government;

1147

     2.  Covered by a retirement or pension plan provided by the

1148

state or political subdivision, or by the Federal Government, as

1149

appropriate; and

1150

     3.  Performed prior to a period of membership in the Florida

1151

Retirement System.

1152

     (b)  The member must have completed a minimum of 6 years of

1153

creditable service under the Florida Retirement System, excluding

1154

out-of-state service and in-state service claimed and purchased

1155

under s. 121.1122.

1156

     (c)  Not more than 5 years of creditable service may be

1157

claimed for creditable service aggregated under the provisions of

1158

this section and s. 121.1122.

1159

     (d) The out-of-state service credit claimed under this

1160

section shall be credited only as service in the Regular Class of

1161

membership, and any benefit or pension based thereon is shall be

1162

subject to the limitations and restrictions of s. 112.65.

1163

     (e) The member is not eligible for and may not receive a

1164

pension or benefit from a retirement or pension plan based on or

1165

including the out-of-state service. Eligibility for or the

1166

receipt of contributions to a retirement plan made by the

1167

employer on behalf of the employee is considered a benefit.

1168

     (f)(e) To receive A member shall be eligible to receive

1169

service credit for out-of-state service performed after leaving

1170

the Florida Retirement System, the member must complete only upon

1171

return to membership and completion of at least 1 year of

1172

creditable service in the Florida Retirement System following the

1173

out-of-state service.

1174

     (2)  COST.--For each year claimed, the member must pay into

1175

the Florida Retirement System Trust Fund an amount equal to 20

1176

percent of the member's annual compensation for the first full

1177

work year of creditable service earned under the Florida

1178

Retirement System, but not less than $12,000, plus interest at

1179

6.5 percent compounded annually from the date of first annual

1180

salary earned until full payment is made. The employer may pay

1181

all or a portion of the cost of this service credit.

1182

     Section 9.  Subsection (2) of section 121.1122, Florida

1183

Statutes, is amended to read:

1184

     121.1122  Purchase of retirement credit for in-state public

1185

service and in-state service in accredited nonpublic schools and

1186

colleges, including charter schools and charter technical career

1187

centers.--Effective January 1, 1998, a member of the Florida

1188

Retirement System may purchase creditable service for periods of

1189

certain public or nonpublic employment performed in this state,

1190

as provided in this section.

1191

     (2)  LIMITATIONS AND CONDITIONS.--

1192

     (a)  A member is not eligible to receive credit for in-state

1193

service under this section until he or she has completed 6 years

1194

of creditable service under the Florida Retirement System,

1195

excluding service purchased under this section and out-of-state

1196

service claimed and purchased under s. 121.1115.

1197

     (b)  A member may not purchase and receive credit for more

1198

than 5 years of creditable service aggregated under the

1199

provisions of this section and s. 121.1115.

1200

     (c)  Service credit claimed under this section shall be

1201

credited only as service in the Regular Class of membership and

1202

is shall be subject to the provisions of s. 112.65.

1203

     (d) Service credit may not be purchased under this section

1204

if the member is eligible to receive or is receiving a pension or

1205

benefit from a retirement or pension plan based on or including

1206

the service. Eligibility for or the receipt of contributions to a

1207

retirement plan made by the employer on behalf of the employee is

1208

considered a benefit.

1209

     (e)(d) A member is shall be eligible to receive service

1210

credit for in-state service performed after leaving the Florida

1211

Retirement System only after upon returning to membership and

1212

completing at least 1 year of creditable service in the Florida

1213

Retirement System following the in-state service.

1214

     (f)(e) The service claimed must have been service covered

1215

by a retirement or pension plan provided by the employer.

1216

     Section 10.  Section 121.136, Florida Statutes, is amended

1217

to read:

1218

     121.136 Annual benefit statement to members.--Beginning

1219

January 1, 1993, and Each January thereafter, the department

1220

shall provide each active member of the Florida Retirement System

1221

with 5 or more years of creditable service an annual statement of

1222

benefits which provides. Such statement should provide the member

1223

with basic data about the member's retirement account. At a

1224

minimum Minimally, it must shall include the member's retirement

1225

plan, accrued service credit the amount of funds on deposit in

1226

the retirement account, and an estimate of retirement benefits.

1227

     Section 11.  Section 121.1905, Florida Statutes, is amended

1228

to read:

1229

     121.1905  Division of Retirement; creation.--

1230

     (1) There is created the Division of Retirement within the

1231

Department of Management Services.

1232

     (2) The mission of the Division of Retirement is to provide

1233

quality and cost-effective retirement services as measured by

1234

member satisfaction and by comparison with administrative costs

1235

of comparable retirement systems.

1236

     Section 12.  Paragraph (a) of subsection (2) of section

1237

121.23, Florida Statutes, is amended to read:

1238

     121.23  Disability retirement and special risk membership

1239

applications; Retirement Commission; powers and duties; judicial

1240

review.--The provisions of this section apply to all proceedings

1241

in which the administrator has made a written final decision on

1242

the merits respecting applications for disability retirement,

1243

reexamination of retired members receiving disability benefits,

1244

applications for special risk membership, and reexamination of

1245

special risk members in the Florida Retirement System. The

1246

jurisdiction of the State Retirement Commission under this

1247

section shall be limited to written final decisions of the

1248

administrator on the merits.

1249

     (2)  A member shall be entitled to a hearing before the

1250

State Retirement Commission pursuant to ss. 120.569 and 120.57(1)

1251

on the merits of any written adverse decision of the

1252

administrator, if he or she files with the commission a written

1253

request for such hearing within 21 days after receipt of such

1254

written decision from the administrator. For the purpose of such

1255

hearings, the commission shall be an "agency head" as defined by

1256

s. 120.52.

1257

     (a) The commission may shall have the authority to issue

1258

orders as a result of the a hearing that are shall be binding on

1259

all parties to the dispute and. The commission may order any

1260

action that it deems appropriate. Any disability retirement order

1261

of the commission issued pursuant to this subsection which

1262

sustains the application of the member may include an amount, to

1263

be determined by the commission, for reasonable attorney's fees

1264

and taxable costs, which shall be calculated in accordance with

1265

the statewide uniform guidelines for taxation of costs in civil

1266

actions. The amount of the attorney's fee may not exceed 50

1267

percent of the initial yearly benefit awarded under s.

1268

121.091(4). In cases involving disability retirement, the State

1269

Retirement commission shall require the member to present

1270

competent substantial medical evidence and meet the requirements

1271

of s. 121.091(4)(c)2. and 3., and may require vocational

1272

evidence, before awarding disability retirement benefits.

1273

     Section 13.  Paragraph (a) of subsection (1) of section

1274

121.24, Florida Statutes, is amended to read:

1275

     121.24  Conduct of commission business; legal and other

1276

assistance; compensation.--

1277

     (1)  The commission shall conduct its business within the

1278

following guidelines:

1279

     (a)  For purposes of hearing appeals under s. 121.23, the

1280

commission may meet in panels consisting of no not fewer than

1281

three members. For the purpose of meeting in these panels, a

1282

quorum shall be not fewer than two members. For all other

1283

purposes, A quorum shall consist of three members. The concurring

1284

vote of a majority of the members present is shall be required to

1285

reach a decision, issue orders, and conduct the business of the

1286

commission.

1287

     Section 14.  Subsection (8) of section 1012.33, Florida

1288

Statutes, is amended to read:

1289

     1012.33  Contracts with instructional staff, supervisors,

1290

and school principals.--

1291

     (8) Notwithstanding any other provision of law, a retired

1292

any member who has retired may interrupt retirement and be

1293

reemployed in any public school. A Any member so reemployed by

1294

the same district from which he or she retired may be employed on

1295

a probationary contractual basis as provided in subsection (1);

1296

however, no regular retirement employee shall be eligible to

1297

renew membership under a retirement system created by chapter 121

1298

or chapter 238.

1299

     Section 15.  Paragraph (a) of subsection (4) of section

1300

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

1301

to that subsection, to read:

1302

     121.35  Optional retirement program for the State University

1303

System.--

1304

     (4)  CONTRIBUTIONS.--

1305

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

1306

on behalf of each participant in the optional retirement program

1307

an amount equal to the normal cost portion of the employer

1308

retirement contribution which would be required if the

1309

participant were a regular member of the Florida Retirement

1310

System defined benefit program, plus the portion of the

1311

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

1312

be assigned to the Retiree Health Insurance Subsidy Trust Fund.

1313

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

1314

of each participant in the optional program an amount equal to

1315

10.43 percent of the participant's gross monthly compensation.

1316

The department shall deduct an amount approved by the Legislature

1317

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

1318

the contributions to the optional program which is required by

1319

this paragraph for each participant shall be made by the employer

1320

to the department, which shall forward the contributions to the

1321

designated company or companies contracting for payment of

1322

benefits for the participant under the program. However, such

1323

contributions paid on behalf of an employee described in

1324

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

1325

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

1326

annuity contract and notified the department.

1327

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

1328

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

1329

gross monthly compensation" includes salary payments made to

1330

eligible clinical faculty from a state university using funds

1331

provided by a faculty practice plan authorized by the Board of

1332

Governors of the State University System if:

1333

     1. There is not any employer contribution from the state

1334

university to any other retirement program with respect to such

1335

salary payments; and

1336

     2. The employer contribution on behalf of the participant

1337

in the optional retirement program with respect to such salary

1338

payments is made using funds provided by the faculty practice

1339

plan.

1340

     Section 16.  Section 121.355, Florida Statutes, is created

1341

to read:

1342

     121.355 Community College Optional Retirement Program and

1343

State University System Optional Retirement Program member

1344

transfer.--Effective January 1, 2009, through December 31, 2009,

1345

an employee who is a former participant in the Community College

1346

Optional Retirement Program or the State University System

1347

Optional Retirement Program and present mandatory participant in

1348

the Florida Retirement System defined benefit plan may receive

1349

service credit equal to his or her years of service under the

1350

Community College Optional Retirement Program or the State

1351

University System Optional Retirement Program under the following

1352

conditions:

1353

     (1) The cost for such credit shall be an amount

1354

representing the actuarial accrued liability for the affected

1355

period of service. The cost shall be calculated using the

1356

discount rate and other relevant actuarial assumptions that were

1357

used to value the Florida Retirement System defined benefit plan

1358

liabilities in the most recent actuarial valuation. The

1359

calculation shall include any service already maintained under

1360

the defined benefit plan in addition to the years under the

1361

Community College Optional Retirement Program or the State

1362

University System Optional Retirement Program. The actuarial

1363

accrued liability of any service already maintained under the

1364

defined benefit plan shall be applied as a credit to total cost

1365

resulting from the calculation. The division shall ensure that

1366

the transfer sum is prepared using a formula and methodology

1367

certified by an enrolled actuary.

1368

     (2) The employee must transfer from his or her Community

1369

College Optional Retirement Program account or State University

1370

System Optional Retirement Program account, subject to the terms

1371

of the applicable optional retirement program contract, and from

1372

other employee moneys as necessary, a sum representing the

1373

actuarial accrued liability immediately following the time of

1374

such movement, determined assuming that attained service equals

1375

the sum of service in the defined benefit program and service in

1376

the Community College Optional Retirement Program or State

1377

University System Optional Retirement Program.

1378

     (3) The employee may not receive service credit for a

1379

period of mandatory participation in the State University

1380

Optional Retirement Program or for a period for which a

1381

distribution was received from the Community College Optional

1382

Retirement Program or State University System Optional Retirement

1383

Program.

1384

     Section 17. Sections 121.093, 121.094, and 121.45, Florida

1385

Statutes, are repealed.

1386

     Section 18. The Legislature finds that a proper and

1387

legitimate state purpose is served when employees and retirees of

1388

the state and its political subdivisions, as well as the

1389

dependents, survivors, and beneficiaries of such employees and

1390

retiree, are extended the basic protections afforded by

1391

governmental retirement systems that provide fair and adequate

1392

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

1393

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

1394

State Constitution, and part VII of chapter 112, Florida

1395

Statutes. Therefore, the Legislature determines and declares that

1396

the amendment of s. 121.091, Florida Statutes, by this act

1397

fulfills an important state interest.

1398

     Section 19.  This act shall take effect July 1, 2008.

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