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