Florida Senate - 2009                                    SB 1072
       
       
       
       By Senator Baker
       
       
       
       
       20-00794B-09                                          20091072__
    1                        A bill to be entitled                      
    2         An act relating to Special Risk Class retirement
    3         benefits; amending s. 121.091, F.S.; prohibiting
    4         certain members of the Special Risk Class from being
    5         reemployed or contracting with the same employing
    6         agency from which the member retired; extending the
    7         period of time during which certain Special Risk Class
    8         members may participate in the Florida Retirement
    9         System Deferred Retirement Option program; deleting
   10         obsolete provisions; providing legislative findings
   11         with respect to the state's interest in protecting the
   12         public's safety and welfare by extending retirement
   13         benefits for officers and funding increased retirement
   14         benefits in an actuarially sound manner; providing an
   15         effective date.
   16         
   17         WHEREAS, one of the most fundamental mechanisms for
   18  ensuring the safety and welfare of the public is through the
   19  state's law enforcement agencies and correctional institutions,
   20  and
   21         WHEREAS, law enforcement agencies and correctional
   22  institutions throughout this state and the nation are
   23  experiencing great difficulty in recruiting and retaining well
   24  qualified law enforcement and correctional officers, and
   25         WHEREAS, this need is projected to become more critical in
   26  the future, and
   27         WHEREAS, the most critical need is to recruit and retain
   28  line officers who have daily and direct contact with the
   29  criminal element, and
   30         WHEREAS, because such work is physically demanding or
   31  arduous and often requires extraordinary agility and mental
   32  acuity that can diminish with age, persons employed in these
   33  positions are classified as special risk and able to retire at
   34  an earlier age, and
   35         WHEREAS, one mechanism for retaining qualified officers is
   36  to extend the amount of time that such officers can remain in
   37  the Deferred Retirement Option Program (DROP), NOW, THEREFORE,
   38         
   39  Be It Enacted by the Legislature of the State of Florida:
   40         
   41         Section 1. Paragraph (d) is added to subsection (9) of
   42  section 121.091, Florida Statutes, and paragraphs (a) and (b) of
   43  subsection (13) of that section are amended, to read:
   44         121.091 Benefits payable under the system.—Benefits may not
   45  be paid under this section unless the member has terminated
   46  employment as provided in s. 121.021(39)(a) or begun
   47  participation in the Deferred Retirement Option Program as
   48  provided in subsection (13), and a proper application has been
   49  filed in the manner prescribed by the department. The department
   50  may cancel an application for retirement benefits when the
   51  member or beneficiary fails to timely provide the information
   52  and documents required by this chapter and the department's
   53  rules. The department shall adopt rules establishing procedures
   54  for application for retirement benefits and for the cancellation
   55  of such application when the required information or documents
   56  are not received.
   57         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
   58         (d)Notwithstanding any other provision in this section, a
   59  member of the Special Risk Class who is employed as a law
   60  enforcement officer, correctional officer, or community-based
   61  correctional probation officer, as described in s. 121.0515(2),
   62  at the conclusion of his or her participation in DROP, may not
   63  be employed, reemployed, or retained in a contractual capacity
   64  by the same employing agency from which the member retired;
   65  however, the member may be retained by the employing agency as a
   66  part-time or auxiliary law enforcement officer, as those terms
   67  are defined in s. 943.10, if the member is serving on a
   68  voluntary basis and receives no more than $1 per calendar year
   69  for services rendered directly for the employing agency. A
   70  member who is reemployed or retained in a contractual capacity
   71  in violation of this paragraph voids his or her application for
   72  retirement benefits. Any person who violates this paragraph and
   73  any employing agency that knowingly employs or contracts with
   74  such person in violation of this paragraph is jointly and
   75  severally liable for reimbursement to the Florida Retirement
   76  System Trust Fund for any retirement benefits improperly paid
   77  during the reemployment or contractual period. This provision
   78  does not otherwise limit the employment or contractual
   79  opportunities for a retiree at any other employing agency. This
   80  paragraph does not apply to a retiree who is elected to an
   81  office or appointed to an office by the Governor or by the
   82  Governor and Cabinet.
   83         (13) DEFERRED RETIREMENT OPTION PROGRAM.—In general, and
   84  subject to the provisions of this section, the Deferred
   85  Retirement Option Program, hereinafter referred to as the DROP,
   86  is a program under which an eligible member of the Florida
   87  Retirement System may elect to participate, deferring receipt of
   88  retirement benefits while continuing employment with his or her
   89  Florida Retirement System employer. The deferred monthly
   90  benefits shall accrue in the System Trust Fund on behalf of the
   91  participant, plus interest compounded monthly, for the specified
   92  period of the DROP participation, as provided in paragraph (c).
   93  Upon termination of employment, the participant shall receive
   94  the total DROP benefits and begin to receive the previously
   95  determined normal retirement benefits. Participation in the DROP
   96  does not guarantee employment for the specified period of DROP.
   97  Participation in the DROP by an eligible member beyond the
   98  initial 60-month period as authorized in this subsection shall
   99  be on an annual contractual basis for all participants.
  100         (a) Eligibility of member to participate in the DROP.—All
  101  active Florida Retirement System members in a regularly
  102  established position, and all active members of either the
  103  Teachers' Retirement System established in chapter 238 or the
  104  State and County Officers' and Employees' Retirement System
  105  established in chapter 122, which systems are consolidated
  106  within the Florida Retirement System under s. 121.011, are
  107  eligible to elect participation in the DROP if provided that:
  108         1. The member is not a renewed member of the Florida
  109  Retirement System under s. 121.122, or a member of the State
  110  Community College System Optional Retirement Program under s.
  111  121.051, the Senior Management Service Optional Annuity Program
  112  under s. 121.055, or the optional retirement program for the
  113  State University System under s. 121.35.
  114         2. Except as provided in subparagraph 6., election to
  115  participate is made within 12 months immediately following the
  116  date on which the member first reaches normal retirement date,
  117  or, for a member who reaches normal retirement date based on
  118  service before he or she reaches age 62, or age 55 for Special
  119  Risk Class members, election to participate may be deferred to
  120  the 12 months immediately following the date the member attains
  121  age 57, or age 52 for Special Risk Class members. For a member
  122  who first reached normal retirement date or the deferred
  123  eligibility date described above prior to the effective date of
  124  this section, election to participate shall be made within 12
  125  months after the effective date of this section. A member who
  126  fails to make an election within the such 12-month limitation
  127  period forfeits shall forfeit all rights to participate in the
  128  DROP. The member shall advise his or her employer and the
  129  division in writing of the date on which the DROP begins shall
  130  begin. The Such beginning date may be subsequent to the 12-month
  131  election period, but must be within the maximum participation
  132  60-month or, with respect to members who are instructional
  133  personnel employed by the Florida School for the Deaf and the
  134  Blind and who have received authorization by the Board of
  135  Trustees of the Florida School for the Deaf and the Blind to
  136  participate in the DROP beyond 60 months, or who are
  137  instructional personnel as defined in s. 1012.01(2)(a)-(d) in
  138  grades K-12 and who have received authorization by the district
  139  school superintendent to participate in the DROP beyond 60
  140  months, the 96-month limitation period as provided in
  141  subparagraph (b)1. When establishing eligibility of the member
  142  to participate in the DROP for the 60-month or, with respect to
  143  members who are instructional personnel employed by the Florida
  144  School for the Deaf and the Blind and who have received
  145  authorization by the Board of Trustees of the Florida School for
  146  the Deaf and the Blind to participate in the DROP beyond 60
  147  months, or who are instructional personnel as defined in s.
  148  1012.01(2)(a)-(d) in grades K-12 and who have received
  149  authorization by the district school superintendent to
  150  participate in the DROP beyond 60 months, the 96-month maximum
  151  participation period, the member may elect to include or exclude
  152  any optional service credit purchased by the member from the
  153  total service used to establish the normal retirement date. A
  154  member who has with dual normal retirement dates is shall be
  155  eligible to elect to participate in DROP within 12 months after
  156  attaining normal retirement date in either class.
  157         3. The employer of a member electing to participate in the
  158  DROP, or employers if dually employed, shall acknowledge in
  159  writing to the division the date the member's participation in
  160  the DROP begins and the date the member's employment and DROP
  161  participation will terminate.
  162         4. Simultaneous employment of a participant by additional
  163  Florida Retirement System employers subsequent to the
  164  commencement of participation in the DROP is shall be
  165  permissible if provided such employers acknowledge in writing a
  166  DROP termination date no later than the participant's existing
  167  termination date or the maximum participation 60-month
  168  limitation period as provided in subparagraph (b)1.
  169         5. A DROP participant may change employers while
  170  participating in the DROP, subject to the following:
  171         a. A change of employment must take place without a break
  172  in service so that the member receives salary for each month of
  173  continuous DROP participation. If a member receives no salary
  174  during a month, DROP participation shall cease unless the
  175  employer verifies a continuation of the employment relationship
  176  for such participant pursuant to s. 121.021(39)(b).
  177         b. Such participant and new employer shall notify the
  178  division of the identity of the new employer on forms required
  179  by the division as to the identity of the new employer.
  180         c. The new employer shall acknowledge, in writing, the
  181  participant's DROP termination date, which may be extended, but
  182  not beyond the original 60-month participation or, with respect
  183  to members who are instructional personnel employed by the
  184  Florida School for the Deaf and the Blind and who have received
  185  authorization by the Board of Trustees of the Florida School for
  186  the Deaf and the Blind to participate in the DROP beyond 60
  187  months, or who are instructional personnel as defined in s.
  188  1012.01(2)(a)-(d) in grades K-12 and who have received
  189  authorization by the district school superintendent to
  190  participate in the DROP beyond 60 months, the 96-month period
  191  provided in subparagraph (b)1., shall acknowledge liability for
  192  any additional retirement contributions and interest required if
  193  the participant fails to timely terminate employment, and is
  194  shall be subject to the adjustment required in sub-subparagraph
  195  (c)5.d.
  196         6. Effective July 1, 2001, for instructional personnel as
  197  defined in s. 1012.01(2), election to participate in the DROP
  198  may shall be made at any time following the date on which the
  199  member first reaches normal retirement date. The member shall
  200  advise his or her employer and the division in writing of the
  201  date on which DROP begins the Deferred Retirement Option Program
  202  shall begin. When establishing eligibility of the member to
  203  participate in the DROP for the 60-month or, with respect to
  204  members who are instructional personnel employed by the Florida
  205  School for the Deaf and the Blind and who have received
  206  authorization by the Board of Trustees of the Florida School for
  207  the Deaf and the Blind to participate in the DROP beyond 60
  208  months, or who are instructional personnel as defined in s.
  209  1012.01(2)(a)-(d) in grades K-12 and who have received
  210  authorization by the district school superintendent to
  211  participate in the DROP beyond 60 months, the 96-month maximum
  212  participation period, as provided in subparagraph (b)1., the
  213  member may elect to include or exclude any optional service
  214  credit purchased by the member from the total service used to
  215  establish the normal retirement date. A member who has with dual
  216  normal retirement dates is shall be eligible to elect to
  217  participate in either class.
  218         (b) Participation in the DROP.—
  219         1. Subject to the following exceptions, an eligible member
  220  may elect to participate in the DROP for a period not to exceed
  221  a maximum of 60 calendar months. or, with respect to
  222         a.Eligible members who are instructional personnel
  223  employed by the Florida School for the Deaf and the Blind and
  224  authorized who have received authorization by the Board of
  225  Trustees of the Florida School for the Deaf and the Blind to
  226  participate in the DROP beyond 60 months, or who are
  227  instructional personnel as defined in s. 1012.01(2)(a)-(d) in
  228  grades K-12 and authorized who have received authorization by
  229  the district school superintendent to participate in the DROP
  230  beyond 60 calendar months, may elect to participate for a period
  231  up to 96 calendar months immediately following the date on which
  232  the member first reaches his or her normal retirement date or
  233  the date to which he or she is eligible to defer his or her
  234  election to participate as provided in subparagraph (a)2.
  235  However, a member who has reached normal retirement date prior
  236  to the effective date of the DROP shall be eligible to
  237  participate in the DROP for a period of time not to exceed 60
  238  calendar months or, with respect to members who are
  239  instructional personnel employed by the Florida School for the
  240  Deaf and the Blind and who have received authorization by the
  241  Board of Trustees of the Florida School for the Deaf and the
  242  Blind to participate in the DROP beyond 60 months, or who are
  243  instructional personnel as defined in s. 1012.01(2)(a)-(d) in
  244  grades K-12 and who have received authorization by the district
  245  school superintendent to participate in the DROP beyond 60
  246  calendar months, 96 calendar months immediately following the
  247  effective date of the DROP, except a member of the Special Risk
  248  Class who has reached normal retirement date prior to the
  249  effective date of the DROP and whose total accrued value exceeds
  250  75 percent of average final compensation as of his or her
  251  effective date of retirement shall be eligible to participate in
  252  the DROP for no more than 36 calendar months immediately
  253  following the effective date of the DROP.
  254         b.Special Risk Class members who are employed as law
  255  enforcement officers, correctional officers, or community-based
  256  correctional probation officers, as described in s. 121.0515(2),
  257  and who are currently participating in DROP for up to 60 months
  258  may participate for an additional 36 calendar months.
  259         2. Upon deciding to participate in the DROP, the member
  260  shall submit, on forms required by the division:
  261         a. A written election to participate in the DROP;
  262         b. Selection of the DROP participation and termination
  263  dates, which satisfy the limitations stated in paragraph (a) and
  264  subparagraph 1. The Such termination date must shall be
  265  specified in a binding letter of resignation to with the
  266  employer, establishing a deferred termination date. The member
  267  may change the termination date within the limitations of
  268  subparagraph 1., but only with the written approval of the his
  269  or her employer;
  270         c. A properly completed DROP application for service
  271  retirement as provided in this section; and
  272         d. Any other information required by the division.
  273         3. The DROP participant shall be a retiree under the
  274  Florida Retirement System for all purposes, except for paragraph
  275  (5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053,
  276  and 121.122. However, participation in the DROP does not alter
  277  the participant's employment status and the member is such
  278  employee shall not be deemed retired from employment until his
  279  or her deferred resignation is effective and termination occurs
  280  as provided in s. 121.021(39).
  281         4. Elected officers are shall be eligible to participate in
  282  the DROP subject to the following:
  283         a. An elected officer who reaches normal retirement date
  284  during a term of office may defer the election to participate in
  285  the DROP until the next succeeding term in that office. An Such
  286  elected officer who exercises this option may participate in the
  287  DROP for up to 60 calendar months or for a period of no longer
  288  than the such succeeding term of office, whichever is less.
  289         b. An elected or a nonelected participant may run for a
  290  term of office while participating in DROP and, if elected,
  291  extend the DROP termination date accordingly, except that,
  292  however, if such additional term of office exceeds the 60-month
  293  limitation established in subparagraph 1., and the officer does
  294  not resign from office within the such 60-month limitation, the
  295  retirement and the participant's DROP is shall be null and void
  296  as provided in sub-subparagraph (c)5.d.
  297         c. An elected officer who is dually employed and elects to
  298  participate in DROP must shall be required to satisfy the
  299  definition of termination within the 60-month or, with respect
  300  to members who are instructional personnel employed by the
  301  Florida School for the Deaf and the Blind and who have received
  302  authorization by the Board of Trustees of the Florida School for
  303  the Deaf and the Blind to participate in the DROP beyond 60
  304  months, or who are instructional personnel as defined in s.
  305  1012.01(2)(a)-(d) in grades K-12 and who have received
  306  authorization by the district school superintendent to
  307  participate in the DROP beyond 60 months, the 96-month maximum
  308  participation limitation period as provided in subparagraph 1.
  309  for the nonelected position and may continue employment as an
  310  elected officer as provided in s. 121.053. The elected officer
  311  shall will be enrolled as a renewed member in the Elected
  312  Officers' Class or the Regular Class, as provided in ss. 121.053
  313  and 121.122, on the first day of the month after termination of
  314  employment in the nonelected position and termination of DROP.
  315  Distribution of the DROP benefits shall be made as provided in
  316  paragraph (c).
  317         Section 2. The Legislature finds and declares that ensuring
  318  the availability of experienced law enforcement, correctional,
  319  and probation officers to protect the safety and welfare of the
  320  public is an important state interest. Providing such officers
  321  who are members of the Florida Retirement System with an
  322  opportunity to extend their employment as law enforcement
  323  officers, correctional officers, or probation officers by
  324  increasing the maximum participation period in the Deferred
  325  Retirement Option Program will help serve that interest. Funding
  326  for such retirement benefits must be made, administered, and
  327  funded in an actuarially sound manner as required by s. 14,
  328  Article X of the State Constitution and part VII of chapter 112,
  329  Florida Statutes.
  330         Section 3. This act shall take effect July 1, 2009.