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