Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 1072
       
       
       
       
       
       
                                Barcode 729674                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/11/2009           .                                
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       The Committee on Criminal Justice (Deutch) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 41 - 258
    4  and insert:
    5         Section 1. Paragraphs (a) and (b) of subsection (13) of
    6  section 121.091, Florida Statutes, are amended to read:
    7         121.091 Benefits payable under the system.—Benefits may not
    8  be paid under this section unless the member has terminated
    9  employment as provided in s. 121.021(39)(a) or begun
   10  participation in the Deferred Retirement Option Program as
   11  provided in subsection (13), and a proper application has been
   12  filed in the manner prescribed by the department. The department
   13  may cancel an application for retirement benefits when the
   14  member or beneficiary fails to timely provide the information
   15  and documents required by this chapter and the department’s
   16  rules. The department shall adopt rules establishing procedures
   17  for application for retirement benefits and for the cancellation
   18  of such application when the required information or documents
   19  are not received.
   20         (13) DEFERRED RETIREMENT OPTION PROGRAM.—In general, and
   21  subject to the provisions of this section, the Deferred
   22  Retirement Option Program, hereinafter referred to as the DROP,
   23  is a program under which an eligible member of the Florida
   24  Retirement System may elect to participate, deferring receipt of
   25  retirement benefits while continuing employment with his or her
   26  Florida Retirement System employer. The deferred monthly
   27  benefits shall accrue in the System Trust Fund on behalf of the
   28  participant, plus interest compounded monthly, for the specified
   29  period of the DROP participation, as provided in paragraph (c).
   30  Upon termination of employment, the participant shall receive
   31  the total DROP benefits and begin to receive the previously
   32  determined normal retirement benefits. Participation in the DROP
   33  does not guarantee employment for the specified period of DROP.
   34  Participation in the DROP by an eligible member beyond the
   35  initial 60-month period as authorized in this subsection shall
   36  be on an annual contractual basis for all participants.
   37         (a) Eligibility of member to participate in the DROP.—All
   38  active Florida Retirement System members in a regularly
   39  established position, and all active members of either the
   40  Teachers’ Retirement System established in chapter 238 or the
   41  State and County Officers’ and Employees’ Retirement System
   42  established in chapter 122, which systems are consolidated
   43  within the Florida Retirement System under s. 121.011, are
   44  eligible to elect participation in the DROP if provided that:
   45         1. The member is not a renewed member of the Florida
   46  Retirement System under s. 121.122, or a member of the State
   47  Community College System Optional Retirement Program under s.
   48  121.051, the Senior Management Service Optional Annuity Program
   49  under s. 121.055, or the optional retirement program for the
   50  State University System under s. 121.35.
   51         2. Except as provided in subparagraph 6., election to
   52  participate is made within 12 months immediately following the
   53  date on which the member first reaches normal retirement date,
   54  or, for a member who reaches normal retirement date based on
   55  service before he or she reaches age 62, or age 55 for Special
   56  Risk Class members, election to participate may be deferred to
   57  the 12 months immediately following the date the member attains
   58  age 57, or age 52 for Special Risk Class members. For a member
   59  who first reached normal retirement date or the deferred
   60  eligibility date described above prior to the effective date of
   61  this section, election to participate shall be made within 12
   62  months after the effective date of this section. A member who
   63  fails to make an election within the such 12-month limitation
   64  period forfeits shall forfeit all rights to participate in the
   65  DROP. The member shall advise his or her employer and the
   66  division in writing of the date on which the DROP begins shall
   67  begin. The Such beginning date may be subsequent to the 12-month
   68  election period, but must be within the maximum participation
   69  60-month or, with respect to members who are instructional
   70  personnel employed by the Florida School for the Deaf and the
   71  Blind and who have received authorization by the Board of
   72  Trustees of the Florida School for the Deaf and the Blind to
   73  participate in the DROP beyond 60 months, or who are
   74  instructional personnel as defined in s. 1012.01(2)(a)-(d) in
   75  grades K-12 and who have received authorization by the district
   76  school superintendent to participate in the DROP beyond 60
   77  months, the 96-month limitation period as provided in
   78  subparagraph (b)1. When establishing eligibility of the member
   79  to participate in the DROP for the 60-month or, with respect to
   80  members who are instructional personnel employed by the Florida
   81  School for the Deaf and the Blind and who have received
   82  authorization by the Board of Trustees of the Florida School for
   83  the Deaf and the Blind to participate in the DROP beyond 60
   84  months, or who are instructional personnel as defined in s.
   85  1012.01(2)(a)-(d) in grades K-12 and who have received
   86  authorization by the district school superintendent to
   87  participate in the DROP beyond 60 months, the 96-month maximum
   88  participation period, the member may elect to include or exclude
   89  any optional service credit purchased by the member from the
   90  total service used to establish the normal retirement date. A
   91  member who has with dual normal retirement dates is shall be
   92  eligible to elect to participate in DROP within 12 months after
   93  attaining normal retirement date in either class.
   94         3. The employer of a member electing to participate in the
   95  DROP, or employers if dually employed, shall acknowledge in
   96  writing to the division the date the member’s participation in
   97  the DROP begins and the date the member’s employment and DROP
   98  participation will terminate.
   99         4. Simultaneous employment of a participant by additional
  100  Florida Retirement System employers subsequent to the
  101  commencement of participation in the DROP is shall be
  102  permissible if provided such employers acknowledge in writing a
  103  DROP termination date no later than the participant’s existing
  104  termination date or the maximum participation 60-month
  105  limitation period as provided in subparagraph (b)1.
  106         5. A DROP participant may change employers while
  107  participating in the DROP, subject to the following:
  108         a. A change of employment must take place without a break
  109  in service so that the member receives salary for each month of
  110  continuous DROP participation. If a member receives no salary
  111  during a month, DROP participation shall cease unless the
  112  employer verifies a continuation of the employment relationship
  113  for such participant pursuant to s. 121.021(39)(b).
  114         b. Such participant and new employer shall notify the
  115  division of the identity of the new employer on forms required
  116  by the division as to the identity of the new employer.
  117         c. The new employer shall acknowledge, in writing, the
  118  participant’s DROP termination date, which may be extended, but
  119  not beyond the original 60-month participation or, with respect
  120  to members who are instructional personnel employed by the
  121  Florida School for the Deaf and the Blind and who have received
  122  authorization by the Board of Trustees of the Florida School for
  123  the Deaf and the Blind to participate in the DROP beyond 60
  124  months, or who are instructional personnel as defined in s.
  125  1012.01(2)(a)-(d) in grades K-12 and who have received
  126  authorization by the district school superintendent to
  127  participate in the DROP beyond 60 months, the 96-month period
  128  provided in subparagraph (b)1., shall acknowledge liability for
  129  any additional retirement contributions and interest required if
  130  the participant fails to timely terminate employment, and is
  131  shall be subject to the adjustment required in sub-subparagraph
  132  (c)5.d.
  133         6. Effective July 1, 2001, for instructional personnel as
  134  defined in s. 1012.01(2), election to participate in the DROP
  135  may shall be made at any time following the date on which the
  136  member first reaches normal retirement date. The member shall
  137  advise his or her employer and the division in writing of the
  138  date on which DROP begins the Deferred Retirement Option Program
  139  shall begin. When establishing eligibility of the member to
  140  participate in the DROP for the 60-month or, with respect to
  141  members who are instructional personnel employed by the Florida
  142  School for the Deaf and the Blind and who have received
  143  authorization by the Board of Trustees of the Florida School for
  144  the Deaf and the Blind to participate in the DROP beyond 60
  145  months, or who are instructional personnel as defined in s.
  146  1012.01(2)(a)-(d) in grades K-12 and who have received
  147  authorization by the district school superintendent to
  148  participate in the DROP beyond 60 months, the 96-month maximum
  149  participation period, as provided in subparagraph (b)1., the
  150  member may elect to include or exclude any optional service
  151  credit purchased by the member from the total service used to
  152  establish the normal retirement date. A member who has with dual
  153  normal retirement dates is shall be eligible to elect to
  154  participate in either class.
  155         (b) Participation in the DROP.—
  156         1. Subject to the following exceptions, an eligible member
  157  may elect to participate in the DROP for a period not to exceed
  158  a maximum of 60 calendar months. or, with respect to
  159         a.Eligible members who are instructional personnel
  160  employed by the Florida School for the Deaf and the Blind and
  161  authorized who have received authorization by the Board of
  162  Trustees of the Florida School for the Deaf and the Blind to
  163  participate in the DROP beyond 60 months, or who are
  164  instructional personnel as defined in s. 1012.01(2)(a)-(d) in
  165  grades K-12 and authorized who have received authorization by
  166  the district school superintendent to participate in the DROP
  167  beyond 60 calendar months, may elect to participate for a period
  168  up to 96 calendar months immediately following the date on which
  169  the member first reaches his or her normal retirement date or
  170  the date to which he or she is eligible to defer his or her
  171  election to participate as provided in subparagraph (a)2.
  172  However, a member who has reached normal retirement date prior
  173  to the effective date of the DROP shall be eligible to
  174  participate in the DROP for a period of time not to exceed 60
  175  calendar months or, with respect to members who are
  176  instructional personnel employed by the Florida School for the
  177  Deaf and the Blind and who have received authorization by the
  178  Board of Trustees of the Florida School for the Deaf and the
  179  Blind to participate in the DROP beyond 60 months, or who are
  180  instructional personnel as defined in s. 1012.01(2)(a)-(d) in
  181  grades K-12 and who have received authorization by the district
  182  school superintendent to participate in the DROP beyond 60
  183  calendar months, 96 calendar months immediately following the
  184  effective date of the DROP, except a member of the Special Risk
  185  Class who has reached normal retirement date prior to the
  186  effective date of the DROP and whose total accrued value exceeds
  187  75 percent of average final compensation as of his or her
  188  effective date of retirement shall be eligible to participate in
  189  the DROP for no more than 36 calendar months immediately
  190  following the effective date of the DROP.
  191         b.Special Risk Class members who are employed as law
  192  enforcement officers, correctional officers, or community-based
  193  correctional probation officers, as described in s. 121.0515(2),
  194  and who are currently participating in DROP for up to 60 months
  195  may participate for an additional 36 calendar months. However,
  196  notwithstanding subparagraph (9)(b)1., any such member who
  197  participates for any or all of the additional 36 months may not
  198  be reemployed or retained in a contractual capacity with the
  199  same employing agency following the member’s termination from
  200  that employer in accordance with s. 121.021(39). This provision
  201  does not otherwise limit the retired member from being employed
  202  or contracting with any other employing agency participating in
  203  the Florida Retirement System.
  204         (I)A retired member who is reemployed or retained in a
  205  contractual capacity in violation of this sub-subparagraph voids
  206  his or her application for retirement benefits. Any person who
  207  violates this sub-subparagraph and any employing agency that
  208  knowingly reemploys or contracts with such person in violation
  209  of this sub-subparagraph is jointly and severally liable for
  210  reimbursement to the Florida Retirement System Trust Fund for
  211  any retirement benefits improperly paid during the reemployment
  212  or contractual period.
  213         (II)The provisions of this sub-subparagraph do not apply
  214  to a retired member who is employed as a part-time or auxiliary
  215  law enforcement or correctional probation officer, as those
  216  terms are defined in s. 943.10, on a voluntary basis and who
  217  receives no more than $1 per calendar year for services rendered
  218  directly for the employing agency, or to a retired member who is
  219  elected to an office or appointed to an office by the Governor
  220  or by the Governor and Cabinet.
  221  
  222  ================= T I T L E  A M E N D M E N T ================
  223         And the title is amended as follows:
  224         Delete lines 3 - 9
  225  and insert:
  226         benefits; amending s. 121.091, F.S.; providing that
  227         certain members of the Special Risk Class may
  228         participate in the Deferred Retirement Option Program
  229         for an additional 36 months; prohibiting such members
  230         from being reemployed or contracting with the same
  231         employing agency from which the member retired;
  232         providing exceptions; deleting