Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1182
Barcode 841212
LEGISLATIVE ACTION
Senate . House
Comm: RS .
04/16/2009 .
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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