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A bill to be entitled

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An act relating to Special Risk Class retirement benefits;

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amending s. 121.091, F.S.; prohibiting certain members of

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the Special Risk Class from being reemployed or

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contracting with the same employing agency from which the

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member retired; extending the period of time during which

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certain Special Risk Class members may participate in the

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Florida Retirement System Deferred Retirement Option

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program; providing requirements for extended

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participation; deleting obsolete provisions; providing

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legislative findings with respect to the state's interest

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in protecting the public's safety and welfare by extending

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retirement benefits for officers and funding increased

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retirement benefits in an actuarially sound manner;

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providing an effective date.

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     WHEREAS, one of the most fundamental mechanisms for ensuring

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the safety and welfare of the public is through the state's law

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enforcement agencies and correctional institutions, and

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     WHEREAS, law enforcement agencies and correctional

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institutions throughout this state and the nation are

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experiencing great difficulty in recruiting and retaining well-

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qualified law enforcement and correctional officers, and

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     WHEREAS, this need is projected to become more critical in

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the future, and

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     WHEREAS, the most critical need is to recruit and retain

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line officers who have daily and direct contact with the criminal

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element, and

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     WHEREAS, because such work is physically demanding or

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arduous and often requires extraordinary agility and mental

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acuity that can diminish with age, persons employed in these

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positions are classified as special risk and able to retire at an

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earlier age, and

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     WHEREAS, one mechanism for retaining qualified officers is

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to extend the amount of time that such officers can remain in the

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Deferred Retirement Option Program (DROP) if such officers can

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demonstrate that they retain the necessary physical and mental

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capacity to competently perform their job duties, NOW, THEREFORE,

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

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     Section 1.  Paragraph (d) is added to subsection (9) of

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section 121.091, Florida Statutes, and paragraphs (a) and (b) of

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subsection (13) of that section are 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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     (d) Notwithstanding any other provision in this section, a

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member of the Special Risk Class who is employed as a law

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enforcement officer, correctional officer, or community-based

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correctional probation officer, as described in s. 121.0515(2),

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and who has a rank or the equivalent rank of captain or below, at

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the conclusion of his or her participation in DROP, may not be

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employed, reemployed, or retained in a contractual capacity by

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the same employing agency from which the member retired. Any

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person who is reemployed or retained in a contractual capacity in

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violation of this paragraph shall void his or her application for

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retirement benefits. Any person who violates this paragraph and

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any employing agency that knowingly employees or contracts with

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such person in violation of this paragraph is jointly and

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severally libel for reimbursement to the Florida Retirement

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System Trust Fund for any retirement benefits improperly paid

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during the reemployment or contractual period. This provision

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does not otherwise limit the employment or contractual

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opportunities for a retiree at any other employing agency. This

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paragraph does not apply to a retiree who is elected to an office

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or appointed to an office by the Governor.

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

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subject to the provisions of this section, the Deferred

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Retirement Option Program, hereinafter referred to as the DROP,

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is a program under which an eligible member of the Florida

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Retirement System may elect to participate, deferring receipt of

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retirement benefits while continuing employment with his or her

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Florida Retirement System employer. The deferred monthly benefits

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shall accrue in the System Trust Fund on behalf of the

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participant, plus interest compounded monthly, for the specified

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

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Upon termination of employment, the participant shall receive the

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total DROP benefits and begin to receive the previously

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determined normal retirement benefits. Participation in the DROP

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does not guarantee employment for the specified period of DROP.

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Participation in the DROP by an eligible member beyond the

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

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on an annual contractual basis for all participants.

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

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active Florida Retirement System members in a regularly

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established position, and all active members of either the

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Teachers' Retirement System established in chapter 238 or the

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State and County Officers' and Employees' Retirement System

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established in chapter 122, which systems are consolidated within

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

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elect participation in the DROP if provided that:

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

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

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Community College System Optional Retirement Program under s.

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121.051, the Senior Management Service Optional Annuity Program

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

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State University System under s. 121.35.

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

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participate is made within 12 months immediately following the

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date on which the member first reaches normal retirement date,

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

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

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Risk Class members, election to participate may be deferred to

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the 12 months immediately following the date the member attains

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

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first reached normal retirement date or the deferred eligibility

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

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election to participate shall be made within 12 months after the

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

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election within the such 12-month limitation period forfeits

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

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

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

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

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within the maximum participation 60-month or, with respect to

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members who are instructional personnel employed by the Florida

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School for the Deaf and the Blind and who have received

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authorization by the Board of Trustees of the Florida School for

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

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

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

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authorization by the district school superintendent to

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

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

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

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month or, with respect to members who are instructional personnel

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

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have received authorization by the Board of Trustees of the

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

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DROP beyond 60 months, or who are instructional personnel as

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

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received authorization by the district school superintendent to

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

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participation period, the member may elect to include or exclude

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any optional service credit purchased by the member from the

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total service used to establish the normal retirement date. A

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member who has with dual normal retirement dates is shall be

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eligible to elect to participate in DROP within 12 months after

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attaining normal retirement date in either class.

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

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DROP, or employers if dually employed, shall acknowledge in

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

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

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participation will terminate.

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     4.  Simultaneous employment of a participant by additional

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Florida Retirement System employers subsequent to the

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commencement of participation in the DROP is shall be permissible

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if provided such employers acknowledge in writing a DROP

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termination date no later than the participant's existing

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termination date or the maximum participation 60-month limitation

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period as provided in subparagraph (b)1.

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     5.  A DROP participant may change employers while

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participating in the DROP, subject to the following:

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

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

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continuous DROP participation. If a member receives no salary

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during a month, DROP participation shall cease unless the

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employer verifies a continuation of the employment relationship

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

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     b.  Such participant and new employer shall notify the

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

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the division as to the identity of the new employer.

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

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

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

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respect to members who are instructional personnel employed by

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

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received authorization by the Board of Trustees of the Florida

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

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beyond 60 months, or who are instructional personnel as defined

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

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authorization by the district school superintendent to

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

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

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any additional retirement contributions and interest required if

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the participant fails to timely terminate employment, and shall

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be subject to the adjustment required in sub-subparagraph (c)5.d.

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

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

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the DROP may shall be made at any time following the date on

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which the member first reaches normal retirement date. The member

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

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the date on which DROP the Deferred Retirement Option Program

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shall begin. When establishing eligibility of the member to

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participate in the DROP for the 60-month or, with respect to

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members who are instructional personnel employed by the Florida

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School for the Deaf and the Blind and who have received

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authorization by the Board of Trustees of the Florida School for

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

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

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

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authorization by the district school superintendent to

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

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participation period, as provided in subparagraph (b)1., the

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member may elect to include or exclude any optional service

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credit purchased by the member from the total service used to

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establish the normal retirement date. A member who has with dual

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normal retirement dates is shall be eligible to elect to

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participate in either class.

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     (b) Participation in the DROP.--

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     1. Subject to the following exceptions, an eligible member

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

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maximum of 60 calendar months. or, with respect to

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     a. Eligible members who are instructional personnel

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

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have received authorization by the Board of Trustees of the

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

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DROP beyond 60 months, or who are instructional personnel as

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

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received authorization by the district school superintendent to

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participate in the DROP beyond 60 calendar months, may elect to

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participate for a period up to 96 calendar months immediately

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following the date on which the member first reaches his or her

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normal retirement date or the date to which he or she is eligible

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to defer his or her election to participate as provided in

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

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retirement date prior to the effective date of the DROP shall be

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eligible to participate in the DROP for a period of time not to

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exceed 60 calendar months or, with respect to members who are

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instructional personnel employed by the Florida School for the

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Deaf and the Blind and who have received authorization by the

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

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

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

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

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school superintendent to participate in the DROP beyond 60

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calendar months, 96 calendar months immediately following the

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effective date of the DROP, except a member of the Special Risk

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Class who has reached normal retirement date prior to the

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effective date of the DROP and whose total accrued value exceeds

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75 percent of average final compensation as of his or her

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effective date of retirement shall be eligible to participate in

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the DROP for no more than 36 calendar months immediately

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following the effective date of the DROP.

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     b. Special Risk Class members who are employed as law

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enforcement officers, correctional officers, or community-based

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correctional probation officers, as described in s. 121.0515(2),

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having a rank or the equivalent rank of captain or below, and who

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are currently participating in DROP for up to 60 months may elect

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to participate for an additional 36 calendar months. However, in

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order to participate the member must, before beginning the

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additional 36 months, pass the same physical examination required

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for new officers under s. 943.13(6) and provide an accompanying

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statement from the officer's examining physician, physician

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assistant, or certified advanced registered nurse practitioner

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that the officer is capable of performing the essential functions

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of his or her duties as a law enforcement officer, correctional

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officer, or probation officer.

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

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shall submit, on forms required by the division:

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     a. A written election to participate in the DROP;

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     b.  Selection of the DROP participation and termination

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

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

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binding letter of resignation to with the employer, establishing

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a deferred termination date. The member may change the

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termination date within the limitations of subparagraph 1., but

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

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     c.  A properly completed DROP application for service

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retirement as provided in this section; and

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     d.  Any other information required by the division.

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     3.  The DROP participant shall be a retiree under the

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Florida Retirement System for all purposes, except for paragraph

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

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

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participant's employment status and the member is such employee

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shall not be deemed retired from employment until his or her

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deferred resignation is effective and termination occurs as

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provided in s. 121.021(39).

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     4. Elected officers are shall be eligible to participate in

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the DROP subject to the following:

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     a.  An elected officer who reaches normal retirement date

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

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

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elected officer who exercises this option may participate in the

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

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than the such succeeding term of office, whichever is less.

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

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

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extend the DROP termination date accordingly, except that,

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however, if such additional term of office exceeds the 60-month

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limitation established in subparagraph 1., and the officer does

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not resign from office within such 60-month limitation, the

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retirement and the participant's DROP shall be null and void as

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provided in sub-subparagraph (c)5.d.

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

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participate in DROP must shall be required to satisfy the

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definition of termination within the maximum participation 60-

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month or, with respect to members who are instructional personnel

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

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have received authorization by the Board of Trustees of the

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

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DROP beyond 60 months, or who are instructional personnel as

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

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received authorization by the district school superintendent to

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

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period as provided in subparagraph 1. for the nonelected position

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and may continue employment as an elected officer as provided in

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

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renewed member in the Elected Officers' Class or the Regular

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

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of the month after termination of employment in the nonelected

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position and termination of DROP. Distribution of the DROP

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

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     Section 2. The Legislature finds and declares that ensuring

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the availability of experienced law enforcement, correctional,

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and probation officers to protect the safety and welfare of the

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public is an important state interest. Providing such officers

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who are members of the Florida Retirement System with an

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opportunity to extend their employment as law enforcement

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officers, correctional officers, or probation officers by

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increasing the maximum participation period in the Deferred

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Retirement Option Program will help serve that interest. Funding

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for such retirement benefits must be made, administered, and

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funded in an actuarially sound manner as required by s. 14, Art.

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X of the State Constitution and part VII of chapter 112, Florida

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Statutes.

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     Section 3.  This act shall take effect July 1, 2008.