| 1 | A bill to be entitled |
| 2 | An act relating to retirement; amending s. 121.021, F.S.; |
| 3 | redefining the term "compensation" to include certain |
| 4 | supplementary payments made to firefighters, paramedics, |
| 5 | and emergency medical technicians and certain employer- |
| 6 | reported retirement contributions; redefining the term |
| 7 | "average final compensation" with respect to members of |
| 8 | the Special Risk Class of the Florida Retirement System; |
| 9 | providing for contribution rate increases to fund the |
| 10 | modification in average final compensation; amending s. |
| 11 | 121.0515, F.S.; authorizing certain employees to purchase |
| 12 | additional retirement credit for past service at a 3- |
| 13 | percent Special Risk Class accrual value; providing for |
| 14 | contribution rate increases to fund the benefits provided |
| 15 | in s. 121.0515, F.S., as amended; amending s. 121.091, |
| 16 | F.S.; revising provisions relating to benefits payable for |
| 17 | total and permanent disability for certain Special Risk |
| 18 | Class members who are injured in the line of duty; |
| 19 | authorizing reemployment of a person who retired with in- |
| 20 | line-of-duty disability benefits by employers not |
| 21 | participating in a state-administered retirement system; |
| 22 | authorizing reemployment of a person who retired with in- |
| 23 | line-of-duty disability benefits by an employer |
| 24 | participating in a state-administered retirement system |
| 25 | after 1 calendar month; providing for contribution rate |
| 26 | increases to fund the benefits provided in s. 121.091, |
| 27 | F.S., as amended; directing the Division of Statutory |
| 28 | Revision to adjust the uniform contribution rates set |
| 29 | forth in s. 121.71, F.S., to conform to the changes made |
| 30 | by the act; requiring the Division of Retirement to |
| 31 | request a letter ruling from the Internal Revenue Service; |
| 32 | providing for certain contingent effect; providing |
| 33 | legislative findings and a declaration of important state |
| 34 | interest; providing effective dates. |
| 35 |
|
| 36 | Be It Enacted by the Legislature of the State of Florida: |
| 37 |
|
| 38 | Section 1. Paragraph (a) of subsection (22) and subsection |
| 39 | (24) of section 121.021, Florida Statutes, are amended to read: |
| 40 | 121.021 Definitions.--The following words and phrases as |
| 41 | used in this chapter have the respective meanings set forth |
| 42 | unless a different meaning is plainly required by the context: |
| 43 | (22) "Compensation" means the monthly salary paid a member |
| 44 | by his or her employer for work performed arising from that |
| 45 | employment. |
| 46 | (a) Compensation shall include: |
| 47 | 1. Overtime payments paid from a salary fund. |
| 48 | 2. Accumulated annual leave payments. |
| 49 | 3. Payments in addition to the employee's base rate of pay |
| 50 | if all the following apply: |
| 51 | a. The payments are paid according to a formal written |
| 52 | policy that applies to all eligible employees equally; |
| 53 | b. The policy provides that payments shall commence no |
| 54 | later than the 11th year of employment; |
| 55 | c. The payments are paid for as long as the employee |
| 56 | continues his or her employment; and |
| 57 | d. The payments are paid at least annually. |
| 58 | 4. Amounts withheld for tax sheltered annuities or |
| 59 | deferred compensation programs, or any other type of salary |
| 60 | reduction plan authorized under the Internal Revenue Code. |
| 61 | 5. Payments made in lieu of a permanent increase in the |
| 62 | base rate of pay, whether made annually or in 12 or 26 equal |
| 63 | payments within a 12-month period, when the member's base pay is |
| 64 | at the maximum of his or her pay range. When a portion of a |
| 65 | member's annual increase raises his or her pay range and the |
| 66 | excess is paid as a lump sum payment, such lump sum payment |
| 67 | shall be compensation for retirement purposes. |
| 68 | 6. Effective July 1, 2002, salary supplements made |
| 69 | pursuant to s. 1012.72 requiring a valid National Board for |
| 70 | Professional Standards certificate, notwithstanding the |
| 71 | provisions of subparagraph 3. |
| 72 | 7. Effective July 1, 2008, salary supplements made to |
| 73 | firefighters, paramedics, or emergency medical technicians for |
| 74 | the successful completion of employer-approved educational |
| 75 | training or for additional job-related duties and |
| 76 | responsibilities, notwithstanding the provisions of subparagraph |
| 77 | 3. |
| 78 | (24) "Average final compensation" means the average of the |
| 79 | 5 highest fiscal years of compensation for creditable service |
| 80 | prior to retirement, termination, or death; however, "average |
| 81 | final compensation" applicable to a member of the Special Risk |
| 82 | Class means the average of the 3 highest fiscal years of |
| 83 | compensation for creditable service prior to retirement, |
| 84 | termination, or death. For in-line-of-duty disability benefits, |
| 85 | if less than the number of years of creditable service specified |
| 86 | for calculating average final compensation has 5 years of |
| 87 | creditable service have been completed, the term "average final |
| 88 | compensation" means the average annual compensation of the total |
| 89 | number of years of creditable service. Each year used in the |
| 90 | calculation of average final compensation shall commence on July |
| 91 | 1. |
| 92 | (a) The average final compensation shall include: |
| 93 | 1. Accumulated annual leave payments, not to exceed 500 |
| 94 | hours; and |
| 95 | 2. All payments defined as compensation in subsection |
| 96 | (22). |
| 97 | (b) The average final compensation shall not include: |
| 98 | 1. Compensation paid to professional persons for special |
| 99 | or particular services; |
| 100 | 2. Payments for accumulated sick leave made due to |
| 101 | retirement or termination; |
| 102 | 3. Payments for accumulated annual leave in excess of 500 |
| 103 | hours; |
| 104 | 4. Bonuses as defined in subsection (47); |
| 105 | 5. Third party payments made on and after July 1, 1990; or |
| 106 | 6. Fringe benefits (for example, automobile allowances or |
| 107 | housing allowances). |
| 108 | Section 2. Effective July 1, 2008, for the purpose of |
| 109 | funding the 3-year average final compensation benefit change |
| 110 | made by section 1 of this act: |
| 111 | (1) The contribution rate that applies to the Special Risk |
| 112 | Class of the Florida Retirement System shall be increased by |
| 113 | 2.36 percentage points. |
| 114 | (2) The contribution rate that applies to the Special Risk |
| 115 | Administrative Support Class of the Florida Retirement System |
| 116 | shall be increased by 2.54 percentage points. |
| 117 | (3) The contribution rate that applies to the legislative- |
| 118 | attorney-Cabinet subclass of the Elected Officers' Class of the |
| 119 | Florida Retirement System shall be increased by 0.01 percentage |
| 120 | points. |
| 121 | (4) The contribution rate that applies to the Senior |
| 122 | Management Service Class of the Florida Retirement System shall |
| 123 | be increased by 0.01 percentage points. |
| 124 |
|
| 125 | These increases shall be in addition to all other changes to |
| 126 | contribution rates which may be enacted into law to take effect |
| 127 | on that date. The Division of Statutory Revision is directed to |
| 128 | adjust accordingly the contribution rates set forth in s. |
| 129 | 121.71, Florida Statutes. |
| 130 | Section 3. Subsection (5) of section 121.0515, Florida |
| 131 | Statutes, is amended to read: |
| 132 | 121.0515 Special risk membership.-- |
| 133 | (5) CREDIT FOR PAST SERVICE.--A special risk member may |
| 134 | purchase retirement credit in the Special Risk Class based upon |
| 135 | past service, and may upgrade retirement credit for such past |
| 136 | service, to the extent of 3 2 percent of the member's average |
| 137 | monthly compensation as specified in s. 121.091(1)(a) for such |
| 138 | service as follows: |
| 139 | (a) The member may purchase special risk credit for past |
| 140 | service with a city or special district which has elected to |
| 141 | join the Florida Retirement System, or with a participating |
| 142 | agency to which a member's governmental unit was transferred, |
| 143 | merged, or consolidated as provided in s. 121.081(1)(f), if the |
| 144 | member was employed with the city or special district at the |
| 145 | time it commenced participating in the Florida Retirement System |
| 146 | or with the governmental unit at the time of its transfer, |
| 147 | merger, or consolidation with the participating agency. The |
| 148 | service must satisfy the criteria set forth in subsection (2) |
| 149 | for special risk membership as a law enforcement officer, a |
| 150 | firefighter, a or correctional officer, an emergency medical |
| 151 | technician, or a paramedic whose employer was a licensed Advance |
| 152 | Life Support (ALS) or Basic Life Support (BLS) provider; |
| 153 | however, no certificate or waiver of certificate of compliance |
| 154 | with s. 943.1395 or s. 633.35 shall be required for such |
| 155 | service. |
| 156 | (b) Contributions for upgrading the additional special |
| 157 | risk credit pursuant to this subsection shall be equal to the |
| 158 | difference in the contributions paid and the special risk |
| 159 | percentage rate of gross salary in effect at the time of |
| 160 | purchase for the period being claimed, plus interest thereon at |
| 161 | the rate of 4 percent a year compounded annually from the date |
| 162 | of such service until July 1, 1975, and 6.5 percent a year |
| 163 | thereafter until the date of payment. This past service may be |
| 164 | purchased by the member or by the employer on behalf of the |
| 165 | member. |
| 166 | Section 4. Effective July 1, 2008, in order to fund the |
| 167 | benefit improvements provided in s. 121.0515, Florida Statutes, |
| 168 | as amended by section 3 of this act, the contribution rate that |
| 169 | applies to the Special Risk Class of the defined benefit program |
| 170 | of the Florida Retirement System shall be increased by 0.07 |
| 171 | percentage points. This increase shall be in addition to all |
| 172 | other changes to such contribution rates that may be enacted |
| 173 | into law to take effect on that date. The Division of Statutory |
| 174 | Revision is directed to adjust accordingly the contribution |
| 175 | rates set forth in s. 121.71, Florida Statutes. |
| 176 | Section 5. Paragraph (b) of subsection (4) and subsection |
| 177 | (9) of section 121.091, Florida Statutes, are amended to read: |
| 178 | 121.091 Benefits payable under the system.--Benefits may |
| 179 | not be paid under this section unless the member has terminated |
| 180 | employment as provided in s. 121.021(39)(a) or begun |
| 181 | participation in the Deferred Retirement Option Program as |
| 182 | provided in subsection (13), and a proper application has been |
| 183 | filed in the manner prescribed by the department. The department |
| 184 | may cancel an application for retirement benefits when the |
| 185 | member or beneficiary fails to timely provide the information |
| 186 | and documents required by this chapter and the department's |
| 187 | rules. The department shall adopt rules establishing procedures |
| 188 | for application for retirement benefits and for the cancellation |
| 189 | of such application when the required information or documents |
| 190 | are not received. |
| 191 | (4) DISABILITY RETIREMENT BENEFIT.-- |
| 192 | (b) Total and permanent disability.-- |
| 193 | 1. Except as provided in subparagraph 2., a member shall |
| 194 | be considered totally and permanently disabled if, in the |
| 195 | opinion of the administrator, he or she is prevented, by reason |
| 196 | of a medically determinable physical or mental impairment, from |
| 197 | rendering useful and efficient service as an officer or |
| 198 | employee. |
| 199 | 2. A member of the Special Risk Class who is a law |
| 200 | enforcement officer, firefighter, correctional officer, |
| 201 | emergency medical technician, or paramedic as described in s. |
| 202 | 121.021(15)(c) or a community-based correctional probation |
| 203 | officer as described in s. 121.021(15)(d)1. shall be considered |
| 204 | totally and permanently disabled in the line of duty if he or |
| 205 | she is prevented, by reason of a medically determinable physical |
| 206 | or mental impairment caused by a job-related injury, from |
| 207 | performing useful and efficient service in the position held, |
| 208 | unless the administrator can provide competent medical evidence |
| 209 | to the contrary. |
| 210 | (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.-- |
| 211 | (a)1. Except as provided in subparagraph 2., any person |
| 212 | who is retired under this chapter, except under the disability |
| 213 | retirement provisions of subsection (4), may be employed by an |
| 214 | employer that does not participate in a state-administered |
| 215 | retirement system and may receive compensation from that |
| 216 | employment without limiting or restricting in any way the |
| 217 | retirement benefits payable to that person. |
| 218 | 2. Any member of the Special Risk Class who retired under |
| 219 | the disability retirement provisions of subparagraph (4)(b)2. |
| 220 | may be reemployed by any employer not participating in a state- |
| 221 | administered retirement system in any position other than the |
| 222 | position in which he or she was employed at the time of the |
| 223 | disabling illness or injury and may receive compensation from |
| 224 | that employment without limiting or restricting in any way the |
| 225 | disability benefits payable to that person under the Florida |
| 226 | Retirement System. |
| 227 | (b)1.a. Except as provided in sub-subparagraph b., any |
| 228 | person who is retired under this chapter, except under the |
| 229 | disability retirement provisions of subsection (4), may be |
| 230 | reemployed by any private or public employer after retirement |
| 231 | and receive retirement benefits and compensation from his or her |
| 232 | employer without any limitations, except that a person may not |
| 233 | receive both a salary from reemployment with any agency |
| 234 | participating in the Florida Retirement System and retirement |
| 235 | benefits under this chapter for a period of 12 months |
| 236 | immediately subsequent to the date of retirement. However, a |
| 237 | DROP participant shall continue employment and receive a salary |
| 238 | during the period of participation in the Deferred Retirement |
| 239 | Option Program, as provided in subsection (13). |
| 240 | b. Any member of the Special Risk Class who retired under |
| 241 | the disability retirement provisions of subparagraph (4)(b)2. |
| 242 | may be reemployed by any employer participating in a state- |
| 243 | administered retirement system after having been retired for 1 |
| 244 | calendar month, in accordance with s. 121.021(39). After 1 |
| 245 | calendar month of retirement, any such retired member may be |
| 246 | reemployed in any position other than the one in which he or she |
| 247 | was employed at the time of disability retirement, may be |
| 248 | reemployed in any position other than a position that is |
| 249 | included in the Special Risk Class, and may receive compensation |
| 250 | from that employment without limiting or restricting in any way |
| 251 | the retirement benefits payable to that person under this |
| 252 | chapter. Any retired member who is reemployed within 1 calendar |
| 253 | month after retirement shall void his or her application for |
| 254 | retirement benefits. Any retired member who is reemployed in a |
| 255 | Special Risk Class position must terminate his or her disability |
| 256 | retirement benefit effective the first day of the first month of |
| 257 | reemployment in that position. |
| 258 | 2. Any person to whom the limitation in subparagraph 1. |
| 259 | applies who violates such reemployment limitation and who is |
| 260 | reemployed with any agency participating in the Florida |
| 261 | Retirement System before completion of the 12-month limitation |
| 262 | period shall give timely notice of this fact in writing to the |
| 263 | employer and to the division and shall have his or her |
| 264 | retirement benefits suspended for the balance of the 12-month |
| 265 | limitation period. Any person employed in violation of this |
| 266 | paragraph and any employing agency which knowingly employs or |
| 267 | appoints such person without notifying the Division of |
| 268 | Retirement to suspend retirement benefits shall be jointly and |
| 269 | severally liable for reimbursement to the retirement trust fund |
| 270 | of any benefits paid during the reemployment limitation period. |
| 271 | To avoid liability, such employing agency shall have a written |
| 272 | statement from the retiree that he or she is not retired from a |
| 273 | state-administered retirement system. Any retirement benefits |
| 274 | received while reemployed during this reemployment limitation |
| 275 | period shall be repaid to the retirement trust fund, and |
| 276 | retirement benefits shall remain suspended until such repayment |
| 277 | has been made. Benefits suspended beyond the reemployment |
| 278 | limitation shall apply toward repayment of benefits received in |
| 279 | violation of the reemployment limitation. |
| 280 | 3. A district school board may reemploy a retired member |
| 281 | as a substitute or hourly teacher, education paraprofessional, |
| 282 | transportation assistant, bus driver, or food service worker on |
| 283 | a noncontractual basis after he or she has been retired for 1 |
| 284 | calendar month, in accordance with s. 121.021(39). A district |
| 285 | school board may reemploy a retired member as instructional |
| 286 | personnel, as defined in s. 1012.01(2)(a), on an annual |
| 287 | contractual basis after he or she has been retired for 1 |
| 288 | calendar month, in accordance with s. 121.021(39). Any other |
| 289 | retired member who is reemployed within 1 calendar month after |
| 290 | retirement shall void his or her application for retirement |
| 291 | benefits. District school boards reemploying such teachers, |
| 292 | education paraprofessionals, transportation assistants, bus |
| 293 | drivers, or food service workers are subject to the retirement |
| 294 | contribution required by subparagraph 7. |
| 295 | 4. A community college board of trustees may reemploy a |
| 296 | retired member as an adjunct instructor, that is, an instructor |
| 297 | who is noncontractual and part-time, or as a participant in a |
| 298 | phased retirement program within the Florida Community College |
| 299 | System, after he or she has been retired for 1 calendar month, |
| 300 | in accordance with s. 121.021(39). Any retired member who is |
| 301 | reemployed within 1 calendar month after retirement shall void |
| 302 | his or her application for retirement benefits. Boards of |
| 303 | trustees reemploying such instructors are subject to the |
| 304 | retirement contribution required in subparagraph 7. A retired |
| 305 | member may be reemployed as an adjunct instructor for no more |
| 306 | than 780 hours during the first 12 months of retirement. Any |
| 307 | retired member reemployed for more than 780 hours during the |
| 308 | first 12 months of retirement shall give timely notice in |
| 309 | writing to the employer and to the division of the date he or |
| 310 | she will exceed the limitation. The division shall suspend his |
| 311 | or her retirement benefits for the remainder of the first 12 |
| 312 | months of retirement. Any person employed in violation of this |
| 313 | subparagraph and any employing agency which knowingly employs or |
| 314 | appoints such person without notifying the Division of |
| 315 | Retirement to suspend retirement benefits shall be jointly and |
| 316 | severally liable for reimbursement to the retirement trust fund |
| 317 | of any benefits paid during the reemployment limitation period. |
| 318 | To avoid liability, such employing agency shall have a written |
| 319 | statement from the retiree that he or she is not retired from a |
| 320 | state-administered retirement system. Any retirement benefits |
| 321 | received by a retired member while reemployed in excess of 780 |
| 322 | hours during the first 12 months of retirement shall be repaid |
| 323 | to the Retirement System Trust Fund, and retirement benefits |
| 324 | shall remain suspended until repayment is made. Benefits |
| 325 | suspended beyond the end of the retired member's first 12 months |
| 326 | of retirement shall apply toward repayment of benefits received |
| 327 | in violation of the 780-hour reemployment limitation. |
| 328 | 5. The State University System may reemploy a retired |
| 329 | member as an adjunct faculty member or as a participant in a |
| 330 | phased retirement program within the State University System |
| 331 | after the retired member has been retired for 1 calendar month, |
| 332 | in accordance with s. 121.021(39). Any retired member who is |
| 333 | reemployed within 1 calendar month after retirement shall void |
| 334 | his or her application for retirement benefits. The State |
| 335 | University System is subject to the retirement retired |
| 336 | contribution required in subparagraph 7., as appropriate. A |
| 337 | retired member may be reemployed as an adjunct faculty member or |
| 338 | a participant in a phased retirement program for no more than |
| 339 | 780 hours during the first 12 months of his or her retirement. |
| 340 | Any retired member reemployed for more than 780 hours during the |
| 341 | first 12 months of retirement shall give timely notice in |
| 342 | writing to the employer and to the division of the date he or |
| 343 | she will exceed the limitation. The division shall suspend his |
| 344 | or her retirement benefits for the remainder of the first 12 |
| 345 | months of retirement. Any person employed in violation of this |
| 346 | subparagraph and any employing agency which knowingly employs or |
| 347 | appoints such person without notifying the Division of |
| 348 | Retirement to suspend retirement benefits shall be jointly and |
| 349 | severally liable for reimbursement to the retirement trust fund |
| 350 | of any benefits paid during the reemployment limitation period. |
| 351 | To avoid liability, such employing agency shall have a written |
| 352 | statement from the retiree that he or she is not retired from a |
| 353 | state-administered retirement system. Any retirement benefits |
| 354 | received by a retired member while reemployed in excess of 780 |
| 355 | hours during the first 12 months of retirement shall be repaid |
| 356 | to the Retirement System Trust Fund, and retirement benefits |
| 357 | shall remain suspended until repayment is made. Benefits |
| 358 | suspended beyond the end of the retired member's first 12 months |
| 359 | of retirement shall apply toward repayment of benefits received |
| 360 | in violation of the 780-hour reemployment limitation. |
| 361 | 6. The Board of Trustees of the Florida School for the |
| 362 | Deaf and the Blind may reemploy a retired member as a substitute |
| 363 | teacher, substitute residential instructor, or substitute nurse |
| 364 | on a noncontractual basis after he or she has been retired for 1 |
| 365 | calendar month, in accordance with s. 121.021(39). Any retired |
| 366 | member who is reemployed within 1 calendar month after |
| 367 | retirement shall void his or her application for retirement |
| 368 | benefits. The Board of Trustees of the Florida School for the |
| 369 | Deaf and the Blind reemploying such teachers, residential |
| 370 | instructors, or nurses is subject to the retirement contribution |
| 371 | required by subparagraph 7. Reemployment of a retired member as |
| 372 | a substitute teacher, substitute residential instructor, or |
| 373 | substitute nurse is limited to 780 hours during the first 12 |
| 374 | months of his or her retirement. Any retired member reemployed |
| 375 | for more than 780 hours during the first 12 months of retirement |
| 376 | shall give timely notice in writing to the employer and to the |
| 377 | division of the date he or she will exceed the limitation. The |
| 378 | division shall suspend his or her retirement benefits for the |
| 379 | remainder of the first 12 months of retirement. Any person |
| 380 | employed in violation of this subparagraph and any employing |
| 381 | agency which knowingly employs or appoints such person without |
| 382 | notifying the Division of Retirement to suspend retirement |
| 383 | benefits shall be jointly and severally liable for reimbursement |
| 384 | to the retirement trust fund of any benefits paid during the |
| 385 | reemployment limitation period. To avoid liability, such |
| 386 | employing agency shall have a written statement from the retiree |
| 387 | that he or she is not retired from a state-administered |
| 388 | retirement system. Any retirement benefits received by a retired |
| 389 | member while reemployed in excess of 780 hours during the first |
| 390 | 12 months of retirement shall be repaid to the Retirement System |
| 391 | Trust Fund, and his or her retirement benefits shall remain |
| 392 | suspended until payment is made. Benefits suspended beyond the |
| 393 | end of the retired member's first 12 months of retirement shall |
| 394 | apply toward repayment of benefits received in violation of the |
| 395 | 780-hour reemployment limitation. |
| 396 | 7. The employment by an employer of any retiree or DROP |
| 397 | participant of any state-administered retirement system shall |
| 398 | have no effect on the average final compensation or years of |
| 399 | creditable service of the retiree or DROP participant. Prior to |
| 400 | July 1, 1991, upon employment of any person, other than an |
| 401 | elected officer as provided in s. 121.053, who has been retired |
| 402 | under any state-administered retirement program, the employer |
| 403 | shall pay retirement contributions in an amount equal to the |
| 404 | unfunded actuarial liability portion of the employer |
| 405 | contribution which would be required for regular members of the |
| 406 | Florida Retirement System. Effective July 1, 1991, contributions |
| 407 | shall be made as provided in s. 121.122 for retirees with |
| 408 | renewed membership or subsection (13) with respect to DROP |
| 409 | participants. |
| 410 | 8. Any person who has previously retired and who is |
| 411 | holding an elective public office or an appointment to an |
| 412 | elective public office eligible for the Elected Officers' Class |
| 413 | on or after July 1, 1990, shall be enrolled in the Florida |
| 414 | Retirement System as provided in s. 121.053(1)(b) or, if holding |
| 415 | an elective public office that does not qualify for the Elected |
| 416 | Officers' Class on or after July 1, 1991, shall be enrolled in |
| 417 | the Florida Retirement System as provided in s. 121.122, and |
| 418 | shall continue to receive retirement benefits as well as |
| 419 | compensation for the elected officer's service for as long as he |
| 420 | or she remains in elective office. However, any retired member |
| 421 | who served in an elective office prior to July 1, 1990, |
| 422 | suspended his or her retirement benefit, and had his or her |
| 423 | Florida Retirement System membership reinstated shall, upon |
| 424 | retirement from such office, have his or her retirement benefit |
| 425 | recalculated to include the additional service and compensation |
| 426 | earned. |
| 427 | 9. Any person who is holding an elective public office |
| 428 | which is covered by the Florida Retirement System and who is |
| 429 | concurrently employed in nonelected covered employment may elect |
| 430 | to retire while continuing employment in the elective public |
| 431 | office, provided that he or she shall be required to terminate |
| 432 | his or her nonelected covered employment. Any person who |
| 433 | exercises this election shall receive his or her retirement |
| 434 | benefits in addition to the compensation of the elective office |
| 435 | without regard to the time limitations otherwise provided in |
| 436 | this subsection. No person who seeks to exercise the provisions |
| 437 | of this subparagraph, as the same existed prior to May 3, 1984, |
| 438 | shall be deemed to be retired under those provisions, unless |
| 439 | such person is eligible to retire under the provisions of this |
| 440 | subparagraph, as amended by chapter 84-11, Laws of Florida. |
| 441 | 10. The limitations of this paragraph apply to |
| 442 | reemployment in any capacity with an "employer" as defined in s. |
| 443 | 121.021(10), irrespective of the category of funds from which |
| 444 | the person is compensated. |
| 445 | 11. Except as provided in subparagraph 12., an employing |
| 446 | agency may reemploy a retired member as a firefighter or |
| 447 | paramedic after the retired member has been retired for 1 |
| 448 | calendar month, in accordance with s. 121.021(39). Any retired |
| 449 | member who is reemployed within 1 calendar month after |
| 450 | retirement shall void his or her application for retirement |
| 451 | benefits. The employing agency reemploying such firefighter or |
| 452 | paramedic is subject to the retirement retired contribution |
| 453 | required in subparagraph 7. 8. Reemployment of a retired |
| 454 | firefighter or paramedic is limited to no more than 780 hours |
| 455 | during the first 12 months of his or her retirement. Any retired |
| 456 | member reemployed for more than 780 hours during the first 12 |
| 457 | months of retirement shall give timely notice in writing to the |
| 458 | employer and to the division of the date he or she will exceed |
| 459 | the limitation. The division shall suspend his or her retirement |
| 460 | benefits for the remainder of the first 12 months of retirement. |
| 461 | Any person employed in violation of this subparagraph and any |
| 462 | employing agency which knowingly employs or appoints such person |
| 463 | without notifying the Division of Retirement to suspend |
| 464 | retirement benefits shall be jointly and severally liable for |
| 465 | reimbursement to the Retirement System Trust Fund of any |
| 466 | benefits paid during the reemployment limitation period. To |
| 467 | avoid liability, such employing agency shall have a written |
| 468 | statement from the retiree that he or she is not retired from a |
| 469 | state-administered retirement system. Any retirement benefits |
| 470 | received by a retired member while reemployed in excess of 780 |
| 471 | hours during the first 12 months of retirement shall be repaid |
| 472 | to the Retirement System Trust Fund, and retirement benefits |
| 473 | shall remain suspended until repayment is made. Benefits |
| 474 | suspended beyond the end of the retired member's first 12 months |
| 475 | of retirement shall apply toward repayment of benefits received |
| 476 | in violation of the 780-hour reemployment limitation. |
| 477 | 12.a. An employing agency may reemploy a retired member |
| 478 | who retired under the disability provisions of subparagraph |
| 479 | (4)(b)2. as a law enforcement officer, firefighter, correctional |
| 480 | officer, emergency medical technician, paramedic, or community- |
| 481 | based correctional probation officer after the retired member |
| 482 | has been retired for 1 calendar month, in accordance with s. |
| 483 | 121.021(39). |
| 484 | b. Such retired member may not be reemployed with any |
| 485 | employer in the position he or she held at the time of the |
| 486 | disabling illness or injury and may not be reemployed in a |
| 487 | position that is included in the Special Risk Class. |
| 488 | c. Any retired member who is reemployed within 1 calendar |
| 489 | month after retirement shall void his or her application for |
| 490 | retirement benefits. Any retired member who is reemployed in a |
| 491 | Special Risk Class position must terminate his or her disability |
| 492 | retirement benefit effective the first day of the first month of |
| 493 | reemployment in that position. |
| 494 | d. The employing agency reemploying such a member is |
| 495 | subject to the retirement contribution required in subparagraph |
| 496 | 7. |
| 497 | (c) The provisions of this subsection apply to retirees, |
| 498 | as defined in s. 121.4501(2)(j), of the Public Employee Optional |
| 499 | Retirement Program created in part II, subject to the following |
| 500 | conditions: |
| 501 | 1. Such retirees may not be reemployed with an employer |
| 502 | participating in the Florida Retirement System as provided in |
| 503 | paragraph (b) until such person has been retired for 3 calendar |
| 504 | months, unless the participant has reached the normal retirement |
| 505 | requirements of the defined benefit plan as provided in s. |
| 506 | 121.021(29). |
| 507 | 2. Such retiree employed in violation of this subsection |
| 508 | and any employing agency that knowingly employs or appoints such |
| 509 | person shall be jointly and severally liable for reimbursement |
| 510 | of any benefits paid to the retirement trust fund from which the |
| 511 | benefits were paid, including the Retirement System Trust Fund |
| 512 | and the Public Employee Optional Retirement Program Trust Fund, |
| 513 | as appropriate. To avoid liability, such employing agency must |
| 514 | have a written statement from the retiree that he or she is not |
| 515 | retired from a state-administered retirement system. |
| 516 | Section 6. Effective July 1, 2008, in order to fund the |
| 517 | benefit improvements provided in s. 121.091, Florida Statutes, |
| 518 | as amended by section 5 of this act, the contribution rate that |
| 519 | applies to the Special Risk Class of the defined benefit program |
| 520 | of the Florida Retirement System shall be increased by 0.31 |
| 521 | percentage points. This increase shall be in addition to all |
| 522 | other changes to such contribution rates that may be enacted |
| 523 | into law to take effect on that date. The Division of Statutory |
| 524 | Revision is directed to adjust accordingly the contribution |
| 525 | rates set forth in s. 121.71, Florida Statutes. |
| 526 | Section 7. The Division of Retirement within the |
| 527 | Department of Management Services shall request from the |
| 528 | Internal Revenue Service, by October 1, 2008, a letter ruling |
| 529 | regarding the provisions of s. 121.091, Florida Statutes, as |
| 530 | amended by section 5 of this act. |
| 531 | Section 8. The Legislature finds that a proper and |
| 532 | legitimate state purpose is served when employees and retirees |
| 533 | of the state and its political subdivisions, and the dependents, |
| 534 | survivors, and beneficiaries of such employees and retirees, are |
| 535 | extended the basic protections afforded by governmental |
| 536 | retirement systems. These persons must be provided benefits that |
| 537 | are fair and adequate and that are managed, administered, and |
| 538 | funded in an actuarially sound manner, as required by s. 14, |
| 539 | Art. X of the State Constitution and part VII of chapter 112, |
| 540 | Florida Statutes. The Legislature further finds that |
| 541 | firefighters, emergency medical technicians, paramedics, law |
| 542 | enforcement officers, correctional officers, and correctional |
| 543 | probation officers, as described in this act, perform state and |
| 544 | municipal functions; that it is their duty to protect life and |
| 545 | property at their own risk and peril; that it is their duty to |
| 546 | continuously instruct school personnel, public officials, and |
| 547 | private citizens about safety; and that their activities are |
| 548 | vital to the public safety. Therefore, the Legislature declares |
| 549 | that it is a proper and legitimate state purpose to provide a |
| 550 | uniform retirement system for the benefit of firefighters, |
| 551 | emergency medical technicians, paramedics, law enforcement |
| 552 | officers, correctional officers, and correctional probation |
| 553 | officers, as defined in this act, and intends, in implementing |
| 554 | the provisions of s. 14, Art. X of the State Constitution as |
| 555 | they relate to municipal and special district pension trust fund |
| 556 | systems and plans, that such retirement systems or plans be |
| 557 | managed, administered, operated, and funded in such manner as to |
| 558 | maximize the protection of pension trust funds. Therefore, |
| 559 | pursuant to s. 18, Art. VII of the State Constitution, the |
| 560 | Legislature determines and declares that this act fulfills an |
| 561 | important state interest. |
| 562 | Section 9. This act shall take effect July 1, 2008, except |
| 563 | that the amendment of s. 121.091, Florida Statutes, in section 5 |
| 564 | of this act shall take effect upon the receipt of a favorable |
| 565 | letter ruling from the Internal Revenue Service. |