Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. CS for CS for SB 1182 Barcode 841212 LEGISLATIVE ACTION Senate . House Comm: RS . 04/16/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Ring) recommended the following: 1 Senate Amendment (with title amendment) 2 3 4 Delete lines 675 - 698 5 and insert: 6 (b) The limitations on receiving a retirement benefit while 7 reemployed by an employer participating in a state-administered 8 retirement system are: 9 1. For persons who retire under this chapter on or after 10 January 1, 2010, or for DROP participation ending on or after 11 January 1, 2010: 12 a. Except as provided in sub-subparagraph b., a retiree may 13 not receive a retirement benefit if the retiree is receiving a 14 salary or wages from reemployment with an employer participating 15 in the Florida Retirement System after the date of retirement. 16 However, a DROP participant may continue employment and receive 17 a salary during the period of participation in DROP, as provided 18 in subsection (13). Any retiree employed in violation of this 19 subparagraph and any agency that employs or appoints such person 20 without notifying the Division of Retirement to suspend 21 retirement benefits are jointly and severally liable for any 22 retirement benefits paid during reemployment. Any benefits 23 received by a retiree while reemployed must be repaid to the 24 Florida Retirement System Trust Fund, and his or her benefits 25 remain suspended until repayment is made. 26 b. A district school board may reemploy a retiree, after he 27 or she has met the definition of termination in s. 121.021(39), 28 as a substitute or hourly teacher, an education paraprofessional 29 transportation assistant, bus driver, or food service worker for 30 up to 780 hours per year. A retiree reemployed for more than 780 31 hours per year must give notice in writing on forms prescribed 32 by the Division of Retirement to the employer or employers and 33 to the division with 30 days after the date he or she will 34 exceed the 780-hour limitation, and his or her retirement 35 benefits will be suspended in the month the reemployed retiree 36 works 780 or more hours and for the balance of 12-month 37 limitation period. Any retiree employed in violation of this 38 sub-subparagraph and any agency that employs or appoints such 39 person without notifying the division to suspend retirement 40 benefits is jointly and severally liable for any benefits paid 41 during the reemployment limitation period. Any retirement 42 benefits received by a retiree while reemployed during the 43 reemployment limitation period must be repaid to the Florida 44 Retirement System Trust Fund. The retirement benefits of a 45 retiree who violates this limitation remain suspended until 46 repayment is made. Benefits suspended apply toward repayment of 47 benefits received in violation of the reemployment limitation. 48 c. Except as provided in sub-subparagraph b., there are no 49 exceptions to the reemployment limitations in sub-subparagraph 50 a. and the exceptions in subparagraphs (b)3. and 4. do not 51 apply. 52 d. The employment of a retiree or DROP participant of a 53 state-administered retirement system does not affect the average 54 final compensation or years of creditable service of the retiree 55 or DROP participant. The employer must pay retirement 56 contributions in an amount equal to the unfunded actuarial 57 liability portion of the employer contribution which would be 58 required for members of the Florida Retirement System. 59 e. This subparagraph regarding reemployment after 60 retirement applies to DROP participants effective upon 61 termination from employment and the end of DROP participation. 62 63 64 ================= T I T L E A M E N D M E N T ================ 65 And the title is amended as follows: 66 Delete lines 13 - 23 67 and insert: 68 121.091, F.S.; revising and clarifying provisions 69 relating to retirement benefits; providing that 70 persons employed by an employer participating in the 71 state-retirement system after a certain date may not 72 receive retirement benefits and a salary or wages; 73 providing an exception; deleting a restriction on the 74 reemployment of certain personnel by the Florida 75 School for the Deaf and the Blind; authorizing 76 developmental research school and charter schools to 77 reemploy certain retirees under specified conditions; 78 extending the period of time that instructional 79 personnel employed by a developmental research school 80 may participate in the Deferred Retirement Option 81 Program (DROP); providing applicability; clarifying 82 that DROP participation